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NATIONAL RECOVERY ADMINISTRATION
HUGH S. JOHNSON, Administrator for National Recovery
CODES OF FAIR COMPETITION
Nos. 477-490
AS APPROVED
JULY 6-JULY 22, 1934
WITH SUPPLEMENTAL CODES, AMENDMENTS
EXECUTIVE AND ADMINISTRATIVE
ORDERS ISSUED BETWEEN
THESE DATES
VOLUME XIII
WE DO OUR PART
UNITED STATES - -
GOVERNMElisTT PEINTINQ OFFIvF
WASHINGTON: 1934
MAY 26 \m
'-[ 1
■^
^Sr\.\ l\'\^
V. ^i
Oiaige^ to credit sect,
with Supt ■'■ Ciocuiwnts
!|
CONTENTS
Code
No.
Industry
Date ap-
proved, 1934
Page
477
478
479
480
481
482
483
484
485
486
487
488
489
490
CODES OF FAIR COMPETITION
Public Seating
Secondary Steel Products Warehousing Trade
Cold Storage Door Manufacturing
Structural Steel and Iron Fabricating
Wood Preserving
Dental Goods and Equipment Industry and Trade —
Electric Hoist and Monorail Manufacturing
Wholesale Monumental Marble
Cotton Ginning Machinery Manufacturing
Commercial Vehicle Body
Importing Trade
Welt Manufacturing
Safety Razor and Safety Razor Blade Manufacturing
Imported Date Packing
July
10
1
July
10
19
July
11
31
July
11
47
July
lo
85
Julv
13
99
July
13
115
July
14
131
July
16
145
July
16
159
July
20
173
July
20
191
July
21
203
July
22
217
Industry
Date
Page
AMENDMENTS
Cotton Textile, No. 6
Fibre Can and Tube, No. 1
Food Dish and Pulp and Paper Plate, No. 1
Cotton Cloth Glove Manufacturing, No. 3
Bedding Manufacturing, No. 2
Cast Iron Soil Pipe, No. 2
Cotton Textile, No. 7
Painting, Paperhanging, and Decorating, No. 1 (A Division of
tlie Construction Industry)
Ready Mixed Concrete, No. 1
Furniture and Floor Wax and Polish, No. 1
Furniture Manufacturing, No. 2
Gas Cock, No. 1
Pleating, Stitching, and Bonnaz and Hand Embroidery, No. 1
Sand Lime Brick, No. 1
Tile Contracting, No. 1 (A Division of the Construction Indus-
try)
Retail Solid Fuel, No. 1
Underwear and Allied Products Manufacturing, No. 4
Motor Vehicle Retailing Trade, No. 2
Printing Equipment Industry and Trade, No. 1
Wholesale Automotive Trade, No. 1
Lumber and Timber Products, No. 15
Art Needlework, No. 1
Clay and Shale Roofing Tile, No. 1
Coin-Operated Machine Manufacturing, No. 1
Cotton Textile, No. 8
Drapery and Upholstery Trimming, No. 1
Light Sewing Industry Except Garments, No. 4
Macaroni, No. 1
(HI)
7- 6-34
7- 6-34
7- 6-34
7- 9-34
7-10-34
7-10-34
7-10-34
7-10-34
7-11-34
7-12-34
7-12-34
7-12-34
7-12-34
7-12-34
7-12-34
7-13-34
7-13-34
7-14-34
7-14-34
7-14-34
7-16-34
7-17-34
7-17-34
7-17-34
7-17-34
7-17-34
7-17-34
7-17-34
233^
237
241
247
251-"
257
26 K'
265
269
273
281
285
291
295
299
303
307
311
315
319
323
329
333
337
343^"
353
357
361
CONTENTS— Continued
Industry
Date
AMENDMENTS— Continued
Packaging Machinery Industry and Trade, No. 1
Silk Textile, No. 1
Wholesale Confectioners', No. 1
Buff and Polishing Wheel, No. 1
Canning and Packing Machinery and Equipment, No. 2
Diamond Core Drill Manufacturing, No. 1 (A Division of the
Machiner}' and Allied Products Ind.)
Fur Dressing and Fur Dyeing, No. 2
Retail Lumber, Lumber Products, Building Materials and
Building Specialties Trade, No. 2
Rock and Slag Wool Manufacturing, No. 1
Spray Painting and Finishing Equipment Manufacturing, No. 1
Cement Gun Contractors, No. 1 (A Division of the Construc-
tion Industrv) -
Asphalt and Mastic Tile, No. 1
Automatic Sprinkler, No. 1
Cylinder Mould and Dandy Roll, No. 1
Fur Dealing Trade, No. !_'
Furniture Manufacturing, No. 3
Men's Neckwear, No. 4
Needlework Industry in Puerto Rico, No. 1
Printers' Rollers, No. 1
Retail Jewelry Trade, No. 1
Scientific Apparatus, No. 1
Wet Mop Manufacturing, No. 1
Wholesale Coal, No. 1
Alloy Casting, No. 1
Hair and Jute Felt, No. 2
LABOR PROVISION
Alcoholic Beverage Importing
SUPPLEMENTS
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, No. 40, for Cut Tack, Wire Tack, and
Small Staple Manufact uring
Machinery and Allied Products, No. 25, for Power Trans-
mission
Machinery and Allied Products, No. 26, for Caster and Floor
Truck Manufacturing
Machinery and Allied Products, No. 27, for Mechanical Press
Manufacturing
Machinery and Allied Products, No. 28, for Water Softener and
Filter.:
Fabricated Metal Products Manufacturing and Metal Finish-
ing and Metal Coating, No. 41, for Open Steel Flooring
(Grating) Manufacturing
'Sera}) Iron, Nonferrous Scrap Metals and Waste Materials
Trade, No. I , for Waste Paper Trade
Construction, No. 15, for Terazzo and Mosaic Contracting
Machinery and Allied Products, No. 29, for Bakery Equipment
Manufacturing
Machinery and Allied Products, No. 30, for Multiple V-Belt
Drive
Wholesaling or Distributing Trade, No. 13, for Athletic Goods
Distributing Trade
Automotive Parts and Equipment Manufacturing, No. 3, for
Leaf Spring Manufacturing
(IV)
7-17-34
7-17-34
7-17-34
7-18-34
7-18-34
7-18-34
7-18-34
7-18-34
7-18-34
7-18-34
7-19-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-20-34
7-22-34
7-22-34
7-17-34
7- 6-34
7- 6-34
7- 7-34
7- 9-34
7- 9-34
7-11-34
7-12-34
7-13-34
7-13-34
7-13-34
7-17-34
7-18-34
CONTENTS— Continued
Industry
Date
Page
SUPPLEMENTS— Continued
Fabricated Metal Products Manufacturing and Metal Finish-
ing and Metal Coating, No. 42, for Brass Forging Manufac-
turing
Machinery and Allied Products, No. 31, for Envelope Machine
Manufacturing
Machinery and Allied Products, No. 32, for Air Filter
Machinery and Allied Products, No. 33, for Gas-Powered
Industrial Truck Manufacturing
Machinery and Allied Products, No. 34, for Sprocket Chain..
Fabricated Metal Products Manufacturing and Metal Finish-
ing and Metal Coating, No. 43, for Vitreous Enameled Ware
Manufacturing
ADMINISTRATIVE ORDERS
Beverage Dispensing Equipment, Cabinet, Mill and Architec-
tural Woodwork Institute, Allowing exception from the code
for
Paper Distributing Trade, Wages of Labor, Approval of applica-
tion for allowance for
Retail Solid Fuel, Expenses of Code Administration, Exemp-
tion relevant to collection of
Trucking, Registration and Display of Insignia, Extending
time for
Dress Manufacturing, Wage Differentials, Extension of time
to report on
Beverage Dispensing Equipment, Cabinet, Mill and Architec-
tural Woodwork Institute, Inclusion — under
Code Making, Amplification of previous order relevant to man-
datory provisions
Code Making, Plan for completion of
Code Making, Prescribing mandatory rules and regulations
Government contracts and contracts involving the use of gov-
ernment funds. Services and Transportation, Crowley Launch
and Tugboat Company, Shipowners and Merchants Tow-
boat Company and San Pedro Tugboat Company
Government contracts and contracts involving the use of gov-
ernment funds, Towing of Target service by the Shipowners
and Merchants Towboat Company
Business Furniture, Storage Equipment, and Filing Supply,
Quotations made to Governmental Agencies
Paper Distributing Trade, Wages of Labor, Stay of Order pro-
^ viding allowance for
Wool Textile, Productive Machinery, Stay of limitation on
use of
Retail Tobacco Trade, Prices, Determination of basis for fixing
minimum
Shoe Last and Shoe Form Industries, Cost inclusion and appli-
cation. Extension of time within which to formulate uniform
method of
Wholesale Tobacco Trade, Prices, Determination of basis for
fixing minimum
Undergarment and Negligee, Wages, Stay of provisions relevant
to
Atlantic Mackerel Fishing, Production, Approval of plan of
curtailment of
Governing collection of expenses of Code Administration,
Live Poultry Industry of the Metropolitan Area in and about
the City of New York, Partial exemption for
(V)
7-19-34
7-20-34
7-21-34
7-21-34
7-21-34
7-22-34
645
659
671
683
695
709
4-17-34
723
6- 7-34
724
7- 7-34
725
7- 7-34
726
7- 9-34
728
7-10-34
729
7-10-34
7-10-34
7-10-34
730
734
739
7-10-34
740
7-10-34
741
7-11-34
742
7-11-34
743
7-11-34
744
7-12-34
745
7-12-34
747
7-12-34
748
7-13-34
750
7-14-34
751
7-16-34
754
CONTENTS— Continued
Industry
ADMINISTRATIVE ORDERS— Continued
Retail Rubber Tire and Battery Trade, Government contracts
and contracts involving the use of government funds, Modi-
fying previous Order relevant to
Government contracts and contracts involving the use of gov-
ernment funds. Lease of space in the Indianapolis, Indiana,
stockyards
Tank Car Service, Expenses of Code Administration, Termina-
tion of exemption relevant to collection of
Alloy Casting, Expenses of Code Administration, Exemption
from Order relevant to collection of
Government contracts and contracts involving the use of govern-
ment funds, Services, Tug boat and tow boat — with depart-
ments and agencies of the U.S. Government
Lumber and Timber Products Industries, Pole and Piling Divi-
sion, Extension of time to elect members to Administrative
Agency
Lumber and Timber Products Industries, Railway Cross Tie
Division, Extension of time to make reports
Machinery and Allied Products, Wages, Providing exemption
for overtime
Baking, Price Lists, Stay of code provisions relevant to
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, Expenses of Code Administration, Termi-
nating exemption relevant to collection of
Business Furniture, Storage Equipment and Filing Supply,
Bids to governmental agencies. Stay of code provisions rele-
vant to
Fire Extinguishing Appliance Manufacturing, Cost Accounting,
Approving a uniform system of
Candy Manufacturing, Trade Practice Provision, Extending
stay of one
Index
Date
7-16-34
7-17-34
7-17-34
7-18-34
7-18-34
7-18-34
7-18-34
7-18-34
7-19-34
7-19-34
7-20-34
7-20-34
7-22-34
755
756
757
758
759
760
761
762
763
765
766
767
768
769
(VI)
CODES OF FAIR COMPETITION
Approved Code No. 477
CODE OF FAIR COMPETITION
FOR THE
PUBLIC SEATING INDUSTRY
As Approved on July 10, 1934
ORDER
Appro^t:ng Code of Fair Competition for the Public Seating
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 the Code
of Fair Comjjetition for the Public Seating 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 liereby 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 for a period of ninety
(90) days; provided, however, that the provisions of Article VII,
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 hereby are
stayed pending my further Order,
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton AV. Murray,
D iv isio n A d minis t rat or.
Waspiington, D.C,
July 10, 193 Ji.
73080° 829-40 JM 1 (1)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the
Public Seating Industry., as revised after a public hearing conducted
in Washington, D.C., on January 19, 1934 in accordance with the
provisions of Title I of the National Industrial Recovery Act.
PROVISIONS or THE CODE AS TO HOURS, WAGES AND GENERAL LABOR
PROVISIONS
1. This Code provides that no employee shall be permitted to work
in excess of thirty-six (36) hours in any week or in excess of eight
(8) hours in any day or more than five (5) days in any week, except
as follows :
(a) Employees engaged in clerical or office vfork shall not be
permitted to work in excess of forty (40) hours in any week or nine
(9) hours in any day or five and one-half (51/2) days in any week.
(b) Employees engaged as watchmen and night firemen shall not
be permitted to work in excess of eighty-four (84) hours in any
two (2) weeks' period or forty-eight (48) hours in any week.
(c) To provide for seasonal peaks, employees (other than those
engaged in clerical or office work and those engaged as watchmen
and night firemen), may be permitted to work not in excess of
forty-eight (48) hours in any one (1) week in not more than six
(6) weeks of any six (6) months' period; provided, however, that
this tolerance shall not be permitted if seasonal demands can be met
by the employment of additional employees ; and further provided,
that at least one and one-half (11/2) times the normal rate of pay
shall be paid for all hours worked in excess of the maxima provided
in Section 1 of Ai'ticle III of the Code.
2. This Code exempts from hourly limitations persons employed
in a managerial or executive cajmcity who earn not less than thirty-
five dollars ($35.00) per week and employees engaged in emergency
maintenance xxr emergency repair work provided, however, that in
cases of emergency maintenance or emergency repah- work, at least
one and one-half (1^/2) times the normal rate of pay shall be paid
for hours worked in excess of the maxinuun hours provided in
Section 1 of Article III.
3. This Code establishes a minimum rate of pay of forty cents
($0.40) per hour and a minimum rate of pay irrespective of whether
the employee is actually compensated on a time rate, piece work or
other basis. Handicapped persons may be employed at less than the
minimum wage under the usual prescribed conditions.
4. This Code also provides tlint no employer shall reduce the exist-
ing miiiinunn wage rates of pay where these are now in excess of the
(2)
minimum rates established by the Code and further provides for an
equitable adjustment of all wages above the minimum. Provisions
are incorporated relative to the employment of handicapped persons
and rates of pay for female employees and covering complaints by
employees of alleged violations, standards for safety and health,
posting of the Code, and payment of wages.
5. Further, this Code provides that no employee now employed
at a rate in excess of the minimum shall be discharged and reem-
ployed or displaced by another employee at a lower rate for purposes
of evading the provisions of this Code. Further, no person under
sixteen (16) years of age shall be employed in the industry, and no
person under eighteen (18) years of age sliall be employed at opera-
tions or occupations hazardous in nature or dangerous to health.
Further, no employer shall reclassify employees or duties of occupa-
tions performed or engage in any other subterfuge for the purpose
of defeating the provisions of the Act or of this Code.
ECONOMIC EFFECTS OF THE CODE
1. The report of the Research and Planning Division indicates
that the sales volume of the industry in 1929 was approximately
$25,000,000 and that about 2,550 were employed in the industry in
that year. This report further indicates the absence of available
statistics reflecting the trends in this Industry, but nevertheless indi-
cates that the annual sales declined from about $28,000,000 in the
year 1927 to about $4,800,000 for the year 1933, or about eighty-two
percent (82%), and that the severest decline occurred during the last
three (3') years as witnessed by a decline from $20,100,000 in 1930 to
$4,800,000 in 1933. The trend of factory employment has likewise
been steadily downward. Since the high point in 1928, employment
has dropped about fifty percent (50%) to about 1,041 factory em-
ployees in the first half of 1933.
2. The demand for the products of this Industry is to a large
degree dependent on the construction, alteration and repair of pub-
lic structures including schools, theatres and churches.
3. It has been deemed impractical to reduce the work week suf-
ficiently to reabsorb those unemployed since 1929 (which would
necessitate a fifteen (15) to twenty (20) hour week) and at the
same time to restore the purchasing power of 1929. However, the
thirty-six (36) hour week and the minimum hourly rate of forty
cents ($0.40) as established by the Code should provide a material
increase in purchasing power.
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
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 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 j^roducts through increasing purchasing
power, by reducing and relieving unemployment, b}^ improving
standards of labor, and by otherAvise rehabilitating industry.
(b) Said Industry normally emplo5^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 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 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 for a
period of ninety (90) days in order to provide for the further
study and establishment of a more inclusive code or codes compre-
hending those lousinesses competitive or potentially competitive in
nature and producing j^roducts from the same or similar classifica-
tions of labor, and by the same or similar machines.
Respectfully,
Hugh S. Johnson,
A dm hiis trot or.
July 10, 1934.
CODE OF FAIR COMPETITION FOR THE PUBLIC
SEATING INDUSTRY
Article I — Purpose
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Public Seating Industry, and its provisions 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 " Public Seating Industry " or " industry ",
as used herein is defined to mean and include the fabricating and/or
assembling (for sale) and installing (by those who fabricate and/or
assemble) of the products of this industry, and such related branches
and sub-divisions as may be from time to time included under the
provisions of the Code by the Administrator after such notice and
hearing as he may prescribe.
Section 2. The term " products of the industry " or " products "
as used herein is defined to mean and include public seating (up-
holstered or non-upholstered), fabricated and/or assembled of wood,
plywood, iron, steel, non-ferrous metals, or any combinations of these
materials, and consisting of the following:
(a) Fixed or connected seating for such public places as theatres,
auditoriums, lodges, assembly halls, shoe stores, rinks, ball parks,
race tracks, stadia, and other similar buildings, and structures;
(b) Pewing, chancel, choir stalls, and related furniture and acces-
sories for ecclesiastical purposes (of which an itemized list is at-
tached hereto as Appendix A) ; furniture for such places as lodge
rooms and Sunday schools (of which an itemized list is attached
hereto as Appendix B) ; seats and benches for court houses, hospitals,
public waiting rooms and for other similar public purposes, pro-
vided, however, all such products are fabricated and/or assembled
predominantly of wood or plywood, for a specified project;
(c) Pupil's desks, pupil's tables, pupil's chairs, and school furni-
ture for all educational purposes;
(d) Portable chairs wnth folding seats in both single and mul-
tiple units;
(e) Portable folding seating in single units for 'other than house-
hold use;
(f) Fixed seating for public passenger transportation not includ-
ing vertical transportation :
Provided, further, that the following are specifically not included:
(g) Bleacher type seats and benches, fabricated and/or assembled
exclusively of wood and iron ;
(5)
6
(li) Products as defined by Schedule D, the Supplementary Code
for the Laboratory Furniture Manufacturers' Section of the Code of
Fair Competition for the Scientific Apparatus Industry as approved
by the President on November 14, 1933 ;
(i) Tablet arm chairs and school chairs fabricated and/or assem-
bled exclusively of wood.
Section 3. The term " member of the industry " includes anyone
engaged in the industry as above defined, either as an employer or
on his or its own behalf.
Section 4. The term " employee " as used herein includes any and
all persons engaged in the industry, however compensated, except a
member of the industry.
Section 6. The term " employer " as used herein includes anyone
by whom any such employee is compensated or employed.
Section 6. The term " trade " as used herein is defined to mean
and include all functional classifications of enterprise in the dis-
tributive process.
Section 7. The " Trade Practice Committee " as used herein is
defined to mean the Committee established by virtue of the approval
of the Federal Trade Commission as of February 12, 1930, and which
functions as the trade association proposing this Code.
Section 8. 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 Ad-
ministrator for Industrial Recovery.
Article III — Hours
Section 1. Maximum H&iws. — No employee shall be permitted to
work in excess of thirty-six (36) hours in any week (seven (7) day
period), or eight (8) hours in any one day (twenty-four (24) hour
period), or more than five (5) days in any one seven (7) day period.
Section 2. Exceptions as to Hours. — No person employed in cleri-
cal or office work shall be permitted to work in excess of forty (40)
hours in any week (seven (7) day period), or nine (9) hours in any
day (twenty-four (24) hour period), or five and one-half (51/2) days
in any seven (7) da}^ period.
Section 3. No })erson employed as watchman or night fireman
shall be permitted to vrork in excess of eighty-four (84) hours in any
two (2) weeks' period or forty-eight (48) hours in any one week.
Section 4. To ])rovide for seasonal peaks, employees covered by
Section 1 may be })ermitted to work not in excess of nine (9) hours
in any twenty-four (24) hour ])eriod, nor more than forty-eight (48)
hours in any one week (seven (7) day period) in not more than six
(6) weeks of any six (G) months' ])eriod; provided, however, that
tliis tolerance sliall not be ])ermitted if seasonal demands can be met
by the employment of additional employees; and further provided,
that at least one and one-half (IV2) times the normal rate of pay
shall be j)aid for all hours worked in excess of the maximum provided
herein in Section 1.
Section 5. Exem-ytions as to II(/urs. — Tlie maxinnmi hours pro-
vided by this Article shall not apply to traveling salesmen, or to
persons employed in a managerial or executive capacity who earn
7
not less than thirty-five dollars ($35.00) per week, or to employees
engaged in emergency maintenance or emergency repair work; pro-
vided, however, that in cases of emergency maintenance or emerg-
ency repair work at least one and one-half (IM2) times the normal
rate of pay shall be paid for hours worked in excess of the maximum
hours provided herein.
Section 6. Employment by Seve7'al Employers. — No employer
shall knowingly permit any employee to work for any time which
when totaled with that already performed for another employer or
employers exceeds the maximum peruiitted herein.
Article IV — Wages
Section 1. Mininmni Wage. — No employee shall be paid less than
at the rate of forty cents ($0.40) per hour, except as herein otherwise
provided.
Section 2. Wage Reductions. — No employer shall reduce existing
minimum wage rates of pay where these are now in excess of the
minimum rates established by this Article,
Section 3. HaiuUcappcd Persons. — A person whose earning capac-
ity is limited because of ago, pliysical or mental handicap, or other
infirmity, may be employed on light work at a wage below the mini-
mum established by this Code if the employer obtains from the state
authority designated by the United States Department of Labor a
cerificate authorizing such person's 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 monthly with the Code Authority a list of all such persons em-
ployed by him, showing the wages paid to and the maximum hours of
work for such employees.
Section 4. Pkce-itork C ompensatlon — MiriimuDi Wages. — A guar-
anteed minimum rate of pay is established by this Article regardless
of whether the employee is compensated on the basis of the time rate
or on a piece-work performance or other basis.
Section 5. Evasion through Reemployment.— '^o employee now
employed at a rate in excess of the minimum shall be discharged and
reemployed or replaced by another at a lower rate for the purpose of
evading the provisions of this Code.
Section 6. Female Employees. — Female employees performing
substantially the same work as male employees shall receive the same
rates of pay as male employees.
Section 7. Wages above the Mimmum. — On or before the effective
date every employer shall make an equitable adjustment of all wage
rates above the minimum. In no case shall wage rates be reduced,
notwithstanding that the number of hours worked in such employ-
ment may be hereby decreased. No change shall be made in piece-
work rates Mdiich will reduce the hourly or daily earnings of piece
workers. The action taken by each member of the industry in ac-
cordance with this provision shall be reported to the Code Authority
within thirty (30) days after the effective date of this Code and to
the Administrator on his request and shall be subject to the Admin-
istrator's review and disapproval.
73080 ° 829-40 34 2
8
Article V — General Labor Provisions
Section 1, Child Labor Provision. — 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. The
Code Authority shall submit to the Administrator within 60 days of
the effective date of this Code a list of such operations or occupa-
tions. 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.
Section 2. Provisions from the Act. — As provided by Section 7 (a)
of the 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
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.
Section 3. Standards for /Safety and Health. — Every employer
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 three (3) months after the
effective date of this Code.
Section 4. State Laws. — 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 insur-
ance, or fire protection, than are imposed by this Code.
Section 5. Posting. — Each member of the industry shall comply
with the rules and regulations of the Administrator as to posting this
Code or portions thereof.
Section 6. Payment of Wages. — Every employer shall agree to
make payment of all wages due in lawful currency or by negotiable
check therefor, payable on demand, at the end of each weekly pay
period. These wages shall be exempt from any payment for pen-
sions, insurance, or sick benefits other than those voluntarily paid by
employees or required by law. 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 pay period shall not apply to persons employed
in a managerial or executive capacity who earn not less than thirty-
five dollars ($35.00) per week, nor to persons employed in clerical
or office work. Employers shall agree that the wages for persons
employed in clerical or office work shall be paid at the end of pay
periods not to exceed semi-monthly periods.
Section 7. Dismissals. — No employee shall be dismissed by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code.
Section 8. Reclassif, cations of Einployees. — No member of the in-
dustry sliall reclassify 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.
Article VI — Organization, Powers and Duties of the Code
Authority
Section 1. Organization and C onstitutian. — 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 2. The Code Authority shall consist of seven (7) individ-
uals to be selected as hereinafter set forth. The Administrator, in
his discretion, may appoint not more than three (3) members, with-
out vote to serve for such terms as he may prescribe.
Section 3. These seven individuals constituting industry repre-
sentatives of the Code Authority shall be elected by a majority
vote of members of the industry eligible (as defined by Section 10
of this Article) to participate and participating in the elections.
All such members shall be elected from directors, officers, or execu-
tives of members of the industry. All seven individuals shall have
equal voting power. The first Code Authority shall be elected at a
general meeting of the industry called and conducted by the Trade
Practice Committee of this industry within fifteen (15) days after
the effective date of this Code. 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 Authority, a special meeting of the members of the in-
dustry for an election to fill the incomplete terms of such members
shall be called within thirty (30) days after such vacancy shall
have occurred. Notice of the time and place of each election
shall be sent to all members of the industry who are registered
with the Committee or after the effective date of this Code with
the Code Authority, or whose names and addresses can be ascer-
tained through diligent inquiry, and to the Administrator 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. Each member of
the industry eligible (as defined by Section 10 of this Article) shall
have one (1) vote. Not more than one (1) representative of the
same member of the industry may serve on the Code Authority at
any time.
Section 4. The representative or representatives who may be ap-
pointed by the Administrator together with the Administrator shall
be given notice of and may sit at all meetings of the Code Authority
and any agency thereof.
10
Section 5. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority 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, together with such other information as to membership,
organization, and activities as the Administrator may deem neces-
sary to effectuate the purposes of the Act.
Section 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 change in personnel or modification of the method
of selection of the Code Authority.
Section 7. 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 em-
ployee 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 uncler the Code, except for his own willful malfeasance or non-
feasance.
Section 8. The Code Authority shall have the following powers
and duties to the extent permitted by the Act; provided, however,
that if the Administrator shall at any time determine that any
action of the Code Authoritj^ or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity
for investigation of the merits of such action and further con-
sideration l)y the Code Authority or agency pending final action,
which shall not be effective unless the Administrator approves or
unless he shall fail to disapprove after thirty (30) days' notice to
him of intention to proceed with such action in its original or
modified form :
(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, subject to such rules and regulations as the Administrator
may prescribe.
(b) To adopt by-laws and rules and i-egulations for its procedure
and for administering and facilitating the enforcement of the Code.
(c) To obtain from membei's of tlie industry such information and
reports as are recjuired for the administration of the Code and to pro-
vide for submission by members of such information and reports as
the Administrator may deem necessary for the purposes recited in
Section H (a) of the Act, to such Federal and State agencies as he
may designate; ju'ovided that ntjthing in this Code shall relieve any
member of tlie industry of any existing obligations to furnish re-
ports to any Government agency. No individual reports shall be
disclosed to any other meini)er of the industry or any other j^arty
€xcei)t to sucii governmental agencies as may be directed by the
Administrator.
11
(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.
(f ) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to this industry for the purpose of formulating fair
trade practices to govern the relationships betAveen production and
distribution employers under this Code and under such others to the
end that such fair trade practices may be proposed to the Adminis-
trator as amendments to this Code and such other codes.
(g) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
are complying with this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions and measures for industrial control, including
stabilization of employment.
(i) To establish minimum standards of quality of material, work-
manship, operation and installation of the products of the industry,
provided that nothing herein contained shall be applied to restrict
development or advancement of the industry or to prevent any mem-
ber from manufacturing any industry products, or perfecting devel-
opments or making changes or additions.
Section 9. It being found necessary to support the Administra-
tion of this Code, in order to effe-ctuate the policy of the Act and
to maintain the standards of fair competition established hereunder,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which shall be held in trust for the purposes of the
Code and raised as hereinafter provided.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary ;
(1) An itemized Budget of its estimated expenses for the fore-
going purposes, and
(2) An equitable basis upon which the funds nex^essary to sup-
port such Budget shall be contributed by all members of the in-
dustry entitled to benefits accruing from the maintenance of such
standards, and the Administration thereof.
(c) After such Budget and basis of contribution have been ap-
proved by the Administrator, to determine and collect equitable
contributions as above set forth and to that end, if necessary, insti-
tute legal proceedings therefor in its own name.
Section 10. Each member of the industry shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the industry complying with the Code
12
and contributing to the expenses of its administration as herein-
above provided, unless duly exempted from making such contribu-
tions, shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any problem or insignia of the National
Recovery Administration.
Section 11. The Code Authority shall neither incur nor pay any
obligation in excess of the amount thereof as estimated in its ap-
proved Budget, except upon approval of the Administrator; and
no subsequent Budget shall contain any deficiency item for expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approved.
Article VII — Publicity of Prices, Terms, Conditions or Sale and
Costs
Section 1. Within ten (10) days after the election of the Code
Authority of this Code, every member of the industry shall file and
shall maintain on file with the Code Authority, or with such agency
as the Code Authority may designate, the member's most recently
published catalogue, specifications, price lists, discounts applicable
thereto, and terms and conditions of sale for all his standard prod-
ucts. Such lists and/or discounts shall include all terms and condi-
tions of sale to each of the member's class of trade provided, how-
ever, that no price and/or discount applicable thereto shall provide
for less than the member's cost pursuant to Sections 6 and 7 of this
Article. A complete schedule of all such catalogues, specifications,
price lists, discounts applicable thereto, and terms and conditions of
sale for all his standard products shall be immediately distributed
by the Code Authority to all members of the industry. Each mem-
ber of the industry shall also, upon request of the Code Authority,
rei)ort to the Code Authority prices quoted and prices received and
all other terms and conditions of sale on individual closed transac-
tions in such detail as the Code Authority may prescribe. These
reports shall be summarized by the Code Authority and distributed
to those members of the industry who manufacture and sell identical
or similar products as defined in Section 2 of Article II.
Section 2. Each member of the industry shall have the right, in-
dividually, to file new prices, discounts, terms, and conditions of
sale, from time to time, as herein provided. In the event of any
change by any member of the industry in any price, discount, speci-
fication, term or condition of sale, he shall file full and complete
copies of every such change with the Code Authority on the tenth
(10th) day in advance of the effective date of any such change, the
filing of these copies to be in sufficient quantity to permit copies with
notice of the effective date of such change to be immediately dis-
trilnited Ijy tlie Code Authority to the members of the industry who
nuiy file, if they so desire, revisions of their prices, discounts, speci-
fications, terms or conditions of sale which, if filed in not less than
five (5) days prior to such effective date, shall be effective on the
same such effective date.^
'Bee paragraph 2 of order approving this Code.
13
Section 3. Such catalogues, specifications, price lists, discounts,
and terms and conditions of sale together with any changes thereto
shall be available and open to inspection at ail reasonable times by
any interested party.
Section 4. No member of the industry shall directly or indirectly
pay a rebate, allow a deduction, sell or offer to sell or otherwise dis-
pose of any of the standard products of this industry or furnish
accessories or parts thereof or any service at any time at more favor-
able prices, terms and/or conditions of sale than those then in effect
and hied in the manner described herein.
Section 5. No member of the industry shall render any service
other than advice and consultation to anj^ purchaser of any product
of the industry in connection wdth the sale or installation of any
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 service shall be paid
by such purchaser.
Section G. Pending the adoption and use of an approved cost ac-
counting system or methods, as provided herein, each member of the
industry shall determine its individual costs in accordance with such
cost accounting system or method customarily used by such member.
Section 7. The Code Authority shall cause to be formulated an
accounting system and methods of cost finding and/or estimating
capable of use by all members of the industry. After such system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available to all
members. Thereafter, all members shall determine and/or estimate
costs in accordance with the principles of such methods.
Section 8. When the Code Authority determines that an emer-
gency exists in this industry and that the cause thereof is destructive
price-cutting such as to render ineffective or seriously endanger the
maintenance of the provisions of this Code, the Code Authority may
cause to be determined the lowest reasonable cost of the products of
this industry, such determination to be subject to such notice and
hearing as the Administrator may require. The Aduiinistrator may
approve, disapprove, or modify the determination. Thereafter, dur-
ing the period of the emergency, it shall be an unfair trade practice
for any member of the industry to sell or offer to sell any products
of the industry for which the low^est reasonable cost has been de-
termined at such prices or upon such terms or conditions of sale that
the buyer will pay less therefor than the lovfest reasonable cost of
such products.
When it appears that conditions have changed, the Code Authority,
upon its own initiative or upon the request of any interested party,
shall cause the determination to be reviewed.
AiniCLE VIII — Trade Practice Rules
General De-finition. — For all purposes of the Code the acts de-
scribed 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.
14
Rule 1. No member of the industry shall maliciously induce or
attempt to induce the breach of an existing oral or written contract
between a competitor and his customer or source of supply, or inter-
fere with or obstruct the performance of any contractual duties or
services.
Rule 2. No member of the industry shall defame competitors by
falsely imputing to them dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other false representa-
tions, or by the false disparagement of the grade or quality of their
goods.
Rule 3. No member of the industry shall make or cause or know-
ingly permit 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 otherwise, having the tendency or capacity to mislead
or deceive customers or prospective customers.
Rule 4. No member of the industry shall secretly pay or allow
rebates, refunds, commissions, credits, or unearned discounts, whether
in the form of money or otherwise, or extend to certain purchasers
special services or privileges not extended to all purchasers on like
terms and conditions.
Rule 5. No member of the industry shall give, permit to be given,
or 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. 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.
Rule G. No member of the industry shall niiake deceptive or mis-
leading bids to secure an award as low bidder and subsequently make
changes in quality, quantity, terms and conditions of sale for the
purpose or with the effect of misleading the buyer.
Rule 7. No member of the industry shall recall or revise or offer
to recall or revise any quotation, proposal or bid, whether oral or
written (submitted in competition to a prospective purchaser) for
the purpose or Avith the intent of submitting a more favorable price,
discount, term or condition of sale unless and until there has been
a bona fide revision in the plans, specifications or other estimating
or purchasing data forming the basis of the prior quotation proposal
or bid or unless and until the prospective purchaser has requested
revised bids for the materials, labor or service involved.
Rule 8. No member of the industry shall combine quotations or
contracts for any product of this industry with any quotation or
contract for any other material, labor, or service, for the purpose
and with the intent or effect of concealing the true selling price of
the product of this industry.
Rule 9. No member of the industry shall omit from its quotation,
proposal, or bid, any material, labor, or service required and/or
called for by tlie plans, specifications, or other estimating or purchas-
15
ing data in order to avoid full responsibility for the complete com-
pliance with all provisions of such plans, specifications, or other
estimating or other purchasing data or for the purpose and with
the intent of subsequently informing the purchaser that such omitted
material, labor, or service was included, in order to underbid a
competitor.
EtiLE 10. No member of the industry shall post-date or pre-date
any contract, invoice, quotation, or receipt, withhold from or insert
in any contract, invoice, quotation, or receipt any statement which
makes such contract, invoice, quotation, or receipt an inaccurate
statement either in whole or in part or accept or offer to accept any
sucli contract with the effect of injuring the business of a competitor
or violating the provisions of this Code.
Rule 11. No member shall publish or circulate threats or suits for
infringement of patents or trade-marks or of any other legal pro-
ceedings not in good faith, with the tendency or effect of harassing
competitors or intimidating their customers.
Rule 12. No member of the industry shall dispose of dropped lines,
seconds, distressed merchandise, obsolete items or inventories, at
less than cost, unless and until a statement in writing is filed with
the Code Authority not less than fourteen (14) days in advance of
such disposal setting forth details of and the necessity for each such
transaction.
Rule 13. No member of the industry shall directly or indirectly
sell or offer to sell or otlierwise dispose of any of the products of this
industry or furnish accessories or parts thereof or perform any
service below its cost ascertained pursuant to Sections 6 and 7 of
Article VII, except to meet quoted competition of a member of the
industry whose costs are lower, and which quoted competition is not
in violation of the Code.
Article IX — Modificatign
Section 1. Tliis Code and all the provisions thereof are expressly
made subject to tlie right of the President, in accordance witli the
provisions of sub-section (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 Title I of said Act and specifically, but without
limitation, to the right of the President to cancel ox modify his
approval of this Code or any conditions imposed by him upon his
approval thereof.
Section 2. Tliis 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. Any such appli-
cation may be made by the Code Authority.
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.
16
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
increases, except such as may be required to meet individual cost,
should be delayed. But when such increases are made, they should,
so far as possible, be limited to actual additional increases in the
seller's costs.
Article XII — Subterfuge
No member of the industry shall engage in any subterfuge for the
purpose or with the intent or with the effect of defeating the provi-
sions of the Act or of this Code.
Article XIII — Regisi'ration or Members or the Industry
Every i^erson subject to this Code of Fair Competition shall com-
ply with the rules and regulations of the Administrator as to the
registration with the Code Authority, or such other agency as the
Administrator may direct and including, but Avithout limitation, the
number of shops, establishments or separate units thereof and their
location, as well as each additional shop, establishment or separate
unit opened after registration.
Article XIV — Installation (Field Erection)
The maximum hours, the minimum wages and conditions of em-
ployment of all persons engaged in the installation of public seating
shall conform to the maximum hours, the minimum wages, and con-
ditions of employment provided in the appropriate code or codes in
the construction industry as approved by the President.
Article XV — Effective Date
This Code shall be effective on the second Monday after approval
by the President of the United States.
Approved Code No. 477.
Registry No. 312-21.
APPENDIX A
Church Fuenituke and Accessories
Ambulatory Screens
Acolyte Seats
Alms Boxes
Altars
Rails
Re-Table
Tabernacle
Tabernacle Safe
Ambrys
Arks
Balcony Fronts
Baldachinos
Baptismal Font
Baptistry Screens
Bema
Bishop's Chair
Book Cases
Bulletin Boards
Candle Sticks
Cathedral Chairs
Ceilings
Celebrants' Benches
Chancel Front
Choir Fronts
Choir Stalls
Clergy Chairs
Communion Rails
Confessionals
Console
CHXJRCPI FURNITURE
Contribution Plates
Credence Shelf
Credence Table
Crosses
Dossals
Figures (Canned)
Flag Holders
Holy Water Fonts
Hymn Boards
Iconostasis
Lecterns
Litany Desks
Memorial Boards
Music Racks
Name Plates
Narthex Benches and
Desks
Narthex Screen
Organ Console Cases
Organ Console Screens
Organ Screens
Panels (Carved)
Parapets
Parclose Screens
Pedestals
Piscina
Prayer Desks
Predellas
Prie Dieux
Pulpit (High)
Balustrade
Canopies
Newel Posts
Stairs
Pulpit Set
Bible Stand
Center Chair
Communion Tables
Flower Stands
Pulpit
Side Chairs
Readers' Desk
Reliquaries
Reredos
Riddle Posts
Rood Beam
Rood Screen
Sedilia
Shrines
Tables
Tri-Seats
Trophy Cases
Tryptich
Vestment Cases
Wainscot
Wardrobe Cases
Church Pews and Accessories
Back and Seat Supports
Body
(Upholst e r e d
or
U n II p h o 1 -
stered
Book Racks
Card Holders
Communion Glass Hold-
ers
Communion Glass Silenc-
ers
Convent Stalls
Divisions
Ends (Pew and Wall)
Envelope Holders
Front Screens
Guards
Kneelers
Rear Aprons
Rear Screens
Seat Supports
Talis Boxes
Wall Boards
Members Seating
Station Chairs
Altar
Station Pedestals
Lesser Light Pedestals
APPENDIX B
Lodge or Fraternal Building Furniture
Desks and
Secretary
Chairs
Middle Chamber
urns
Foyer Settees
Col-
Class Room Benches and
Chairs
Supply Cabinets
Sunday School Furniture
Sand Tables
Teachers' Lecterns
Register Boards
Register Desks
Apron Cabinets
Tilers' Tables
Petition Blank Cabinets
Class Tables
o
(17)
Approved Code No. 478
CODE* OF FAIR COMPETITION
FOR THE
SECONDARY STEEL PRODUCTS WAREHOUSING
TRADE
As Approved on Julj^ 10, 1934
ORDER
Code of Fair Competition for the Secondary Steel Products
Warehousing Trade
An application having been duly made pursuant to and in full
compliance M'ith 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 Secondary Steel Products Warehousing Trade,
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
Competition be and it is hereby approved; provided, however, that
the provisions of Articles IV, V and VI be and they are hereby stayed
for a period of twenty-five (25) days; then to become effective unless
I by further Order otherwise direct, within wdiich time cause may be
shown, if any there be, why the above i^rovisions should not become
effective; and provided further that during the above mentioned
period of twenty-five (25) days all members of the Secondary Steel
Products Warehousing Trade shall comply with all the terms and
provisions of Articles IV, V and VI of the approved Code of Fair
Competition for the Wholesaling or Distributing Trade.
Hugh S. Johnson,
Adimnist'rator for IndustrmI Recovery,
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D.C,
Jidy 10, 1934.
73077° 829-36 34 (19)
REPORT TO THE PRESIDENT
The PREsroENT,
The White House.
Sir : This is a report of the hearing on the Code of Fair Competi-
tion for the Secondary Steel Products Warehousing Trade, con-
ducted in the Green Room of the Raleigh Hotel on April 28, 1934.
The Code which is attached was presented by duly qualified and
authorized representatives of the Trade, complying with the statu-
tory requirements, said to represent 90 per cent in number and about
90 per cent in volume of sales of the Trade which couUd be included
in this Code.
THE TRADE
According to statistics furnished by members of the Secondary
Steel Products Warehousing Trade and checked by the Division of
Economic Research and Planning, there are at the present time
approximately sixty-five (65) concerns engaged in the Trade, with
aggregate annual sales of $35,000,000. The Trade employs about
3,000 i^ersons.
HOURS AND WAGES
The hour and wage provisions of this Code establish a maximum
40 hour work week and a minimum $15.00 weekly wage.
OTHER PROVISIONS OF THE CODE
The provisions containing definitions are inclusive and accurate.
The administrative provisions of the Code establish a Divisional
Code Authority which is fairij^ and adequately representative of all
the different elements in the Trade.
The trade practices proposed are not considered in any way objec-
tionable. They are, with the exception of one provision relating to
cash discounts, the same trade practice provisions as are included
in the approved Code of Fair Competition for the AVholesaling or
Distributing 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 ]:)romote 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 ot in-
dustry for the purpose (;f cooperative action among trade gnnips, by
(20)
21
inducino; and maintainin<2; united action of labor and management
under adequate governmental sanction and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
use of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
c|uired), 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 employees
and it 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 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 op-
press 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 the approval of this
Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
Administrator'.
July 10, 1934.
CODE OF FAIR COMPETITION FOR THE SECONDARY
STEEL PRODUCTS 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 Secondary Steel Products Warehousing
Trade, and shall be the standard of fair competition for such Trade,
and be binding upon every member thereof.
Article II — Definitions
Section 1. The term " the Trade ", as used herein, shall mean the
business of buying and of distributing and/or carrying warehouse
stocks of secondary products of rolled, drawn, cold-finished, and/or
hammered steel products (such secondary products being known
as "seconds", "rejects", and "excess" or "wasters"). This term
shall not include a business which is principally that of distributing
" prime " materials.
Section 2. The term " member of the Trade " as used herein shall
include any individual, partnership, association, corporation or other
form of enterprise engaged in the Trade, either as an employer or
on his or its own behalf.
Section 3. The term "Association " as used herein shall mean the
National Association of Distributor of Secondary Steel Products.
Section 4. The term " Executive Committee " as used herein shall
mean the Executive Conmiittee of the Association.
Section 5. The term " chapter " as used herein, shall mean a local
or regional chapter of the Association.
Section C. The term " employee " as used herein shall mean 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, except a member of the Trade.
Section 7. The term " employer " as used herein shall mean any-
one by wdiom such employee is compensated or employed.
Section 8. The terms "President", "Act", "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.
Article III — Administration
Section 1. For the purpose of administering this Code the Trade
shall be divided into five (5) districts, which districts shall be
known as the Chicago, Detroit, Cleveland, Youngstown and New
York districts.
Tlie Chicago District shall consist of the states of Wisconsin, Illi-
nois, Indiana, Louisiana and all states west of the Missisippi River.
The Detroit District shall consist of the state of Michigan.
(22)
23
The Cleveland District shall consist of the state of Ohio, (except
the cities of Warren, Niles and Yoiingstown) and all states east of
the Mississippi River and south of Illinois, Indiana, Ohio, Pennsyl-
vania, Maryland and Delaware.
The Youngstown District shall consist of the cities of Warren,
Niles and Youngstown, Ohio, and Pittsburgh, Pennsylvania.
The New York District shall consist of the states of New York,
New Jerse3% Delaware, Maryland, Rhode Island, Connecticut, Maine,
New Hampshire, Massachusetts, Vermont and the state of Pennsyl-
vania excepting the city of Pittsburgh.
Section 2. (a) A Code Authority of eight (8) members to co-
operate with the Administrator in the administration of the provi-
sions of this Code is hereby established, said members of the Code
Authority to be elected as hereinafter provided under the supervi-
sion of the Executive Connnittee. The Administrator may appoint
not more than three (3) members without vote to serve for such
time as the Administrator may designate.
(b) There shall be one (1) member of the Code Authority for
each of the five (5) districts established in Section 1 of this Article
III, two (2) members elected at large, and one (1) member to be
appointed by the Administrator representing members of the Trade
not members of the Association.
(c) The Executive Committee shall nominate two (2) candidates
from each of the five (5) districts established in Section 1 of this
Article and four (4) candidates at large.
(d) The Executive Committee shall mail ballots containing the
names of these candidates to all members of the Trade discoverable
by diligent search. These ballots shall contain blanli; spaces in which
voters may write their choices.
(e) Each voter shall cast his ballot for one (1) candidate from his
district and for two (2) candidates at large.
(f) Fifteen (15) days after these ballots have been sent out the
Executive Committee shall publicly count the votes in its possession.
The candidate in each district and the two candidates at large receiv-
ing the largest number of votes, shall be declared elected.
(g) The Executive Connnittee shall certify to the Administrator
the method of conducting this election and the results thereof.
Section 3. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties :
(a) To organize, elect officers, hire necessary emjDloyees, appoint
agents, and perform such other acts as may be necessary for the
proper administration of this Code.
(b) To appoint a Trade Practice Committee, which shall meet
with the Trade Practice Committees appointed under such other
Codes as may be related to the Trade, for the purpose of formulat-
ing Fair Trade Practices to govern the relationships between produc-
tion and distribution employers under this Code and under such
others, to the end that such Fair Trade Practices may be proposed
to the Administrator as amendments to this Code and such other
Codes.
(c) To adopt by-laws and rules and regulations for its procedure.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
24
herein ; provided however 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 recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Trade in their relations with each other
or with other trades, measures for industrial planning, and stabili-
zation of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(f) To obtain from members of the Trade such information and
reports as are required for the administration of the Code. In addi-
tion to information required to be submitted to the Code Authority,
members of the Trade subject to this Code shall furnish such statis-
tical information as the Administrator Ynny deem necessary for the
purposes recited in Section 3 (a) of the Act to such federal and
state agencies as he may designate : provided that nothing in this
Code shall relieve any member of the Trade of any existing obliga-
tions to furnish reports to any governmental agency. No individual
report shall be disclosed to any other member of the Trade or any
other party except to such other governmental agencies as may be
directed by the Administrator.
Section 4. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose, nor shall
any member or members 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.
Section 5. If the Administrator shall determine tliat any action
of the Code Authority or any agency thereof, may be unfair or
unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and for further considera-
tion by such Code Authority or agency, pending final action, which
shall not be effective unless the Administrator approves or unless
he shall fail to disapprove after thirty days' notice to him of in-
tention to proceed with such action in its original or modified form.
Section 6. In order to assist in making effective the reports from
the IVade and in eliminating unfair competition, the Code Author-
ity sliall, within two weeks after the effective date of the Code, ap-
point a committee (so constituted as to give producer, consumer,
and governmental representation satisfactory to the Administra-
tor) to make a study with a view to the establishment of classifica-
tions and standards of definitions of each class of staple products
of the Trade wherever such standards are deemed feasible. The
findings and recommendations of this committee shall, within three
(3) months, be submitted to the Adminstrator, and after such hear-
ings and investigations as he may designate, and upon approval by
him, shall be made a part of this Code and be binding upon every
member of the Trade.
25
Section 7. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Trade ;
(3) After such budget and basis of contribution have been ap-
]5roved by the Administrator to determine and obtain equitable
contribution as above set forth by all members of the Trade, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
(b) Each member of the Trade shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Trade complying with the Code and contributing to
the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled to
participate in the selection of members of the Code Authority or to
receive tlie benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Administra-
tor shall have so approved.
Section 8. (a) There is hereby created an Industrial Relations
Committee to be composed of three (3) persons who shall be selected
as follows:
(1) A representative of the employers to be appointed by the Ojde
Authority.
(2) A representative of the employees to be nominated by a truly
representative employee organization. If no truly representative
labor organization exists the employee member of such Committee
may be nominated by the Labor Advisory Board of the National
Recovery Administration and appointed by the Administrator.
(3) An impartial chairman to be selected by the two (2) members
already appointed or, in case they disagree, by the Administrator.
(b) The members of this Committee shall hold office for six (6)
months from the date of their appointments, and re-appointments
shall be made and vacancies shall be filled in the same manner as
provided in paragraph (a) of this Section 8.
(c) This Industrial Relations Committee shall have the duty of
dealing with complaints and disputes relating to labor in accordance
with rules and regulations issued by the Administrator.
26
Section 9. Each trade association 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 information as to membership, organization, and
activities as the Administrator may deem necessary to effectuate
the purpose of the Act.
Section 10. 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
any other respect comply with the provisions of the Act, may request
an approjoriate modification in the method of selection of any such
Code Authority.
Article IV — Hours ^
Section 1. Maxhawni Hours and Exemptions. — (a) No member
of the Trade shall cause or permit any employee except an employee
in an executive, supervisory, technical or professional capacity, who
receives a salary or a guaranteed minimum of thirty-five ($35.00)
dollars per week or more, to work more than eight (8) hours in any
one day, or more than forty (40) hours in any seven (7) da}^ period,
or more than six (6) days in any seven (7) day period, except as
hereinafter specified :
(b) No watchman shall work more than nine (9) hours in any
one day or more than fifty-four (54) hours in any seven (7) day
period or more than six (6) days in any seven (7) day period.
(c) No outside delivery man, maintenance man, outside repair
service man or installation man shall work more than forty-eight
(48) hours in any seven (7) day period or more than six (6) days
in an}^ seven (7) day period.
(d) An employer may work an employee in excess of the hours
specified in paragraphs (a), (b), and (c) of this Section, if time
and one-third is paid for all such additional hours; provided, how-
ever, that in no case shall any employee work more than eight (8)
hours per week in excess of his regular hours as specified in para-
graphs (a), (b), and (c) ; and provided further that such eight (8)
hours per Aveek overtime be limited to any twelve (12) weeks in any
twelve (12) months' period.
(e) The hours Avorked by any one employee in any one day shall
be consecutive with the exception of a period of not more than one
(1) hour out for lunch.
Section 2. 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 or any other Trade,
exceeds the maximum permitted herein.
Article V — Wages *
Section 1. (a) No employee shall be paid less than at the rate of
fifteen ($15.00) dollars per week of forty (40) hours.
' See paragraph 2 of order approving this Code.
27
(b) A part time employee or one paid on an hourly basis shall be
paid not less than forty cents (40^) per hour.
(c) This Article establishes a minimum rate of compensation
which shall apply irrespective of whether an employee is actually
compensated on a time rate, piece work, commission or other basis.
(d) Female employees performing substantially the same work as
male employees shall have the same rate of pay as such male
employees.
(e) Wages shall be paid weekly or semimonthly in lawful money
or by negotiable checks.
Section 2. No hourly, daily or full-time weekly compensation
for employees who are paid less tlian fifty dollars ($50,00) per week
shall be less than such compensation existing as of Juno 16, 1933, and
no employee shall be paid a wage rate which will yield a less wage
for the shorter full-time week herein established than he could have
earned for the same class of work for the longer full-time week
existing as of June 16, 1933. Wage increases established under the
President's Reemployment Agreement shall at least be maintained.
Article VI — General Labor Provisions ^
Section 1. Minimum Age Requirements. — No person under eight-
een years of age shall be employed in the Trade except in clerical
or office work or as a messenger.
No person under sixteen years of age shall be employed in the
Trade in an}^ capacity.
In any State any 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 em-
ployment or age certificates or permits showing that the employee
is of the required age.
Section 2. No employer shall reclassify employees or duties of
occupations performed or engaged in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
Section 3. Each employer shall post in conspicuous places, acces-
sible to employees, full copies of the labor provisions of this Code.
Section 4. No employees shall be dismissed or demoted by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code.
Section 5. Every employer shall make reasonable provisions for
the safety and health of his employees at the place and during the
hours of their employment. Standards of safety and health shall be
submitted by the Code Authority to the Administrator within three
months after the effective date of this Code.
Section 6. (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 rep-
resentatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
^ See paragraph 2 of order approving tins Code.
28
(b) No emploj^ee and no one seeking employment shall be required
as a condition of employm.ent to join any company union or to
refrain from joining, organizing, or assisting a labor organization of
his OATU 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.
Section 7. 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, safety, health,
sanitary or general working conditions, and/or insurance or fire
protection, than are imposed by this Code.
Article VII — Trade Practices
Section 1. Regular terms shall be thirty (30) days net less one
half of 1% cash discount if paid within ten (10) days or twice per
month. Any deviation from these recognized terms including the
permitting of customers to take unearned discounts for cash or dis-
counts for cash in excess of the foregoing shall be deemed an unfair
trade practice, and is prohibited.
Section 2, Inaccv/mfe 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 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.
Section 3. Fahe BiUing. — No member of the Trade shall Imow-
ingly withhold from or insert in any quotation or invoice any state-
ment that makes it inaccurate in any material particular.
SEcnoN 4. Inaccurate 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.
Section 5. Incuccurate References to Gompetitors., etc. — No mem-
ber 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.
Section 6. Threats of Law Suits. — No member of the Trade shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or liave the effect of harassing competitors
or intimidating their customers. Failure to prosecute in due course
shall bo evidence that any such threat is unwarranted or unjustified.
Section 7. Secret Rebates. — No member of the Trade shall
secretly and directly offer or make any payment or allojvance 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 'J'rade 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.
29
Section 8. Bribing Employees.- — 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 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.
Coi,iimercial bribery provisions shall not be construed to prohibit
free and general distribution of articles commonly used for adver-
tising except as far as such articles are actually used for commercial
bribery as hereinabove defined.
Section 9. Interference with Another'' s Contracts. — No member
of the Trade shall attempt to induce the breach of an existing con-
tract between a competitor and his customer or source of supply;
nor shall any such wholesaler interfere w^ith or obstruct the per-
formance of such contractual duties or services.
Section 10. Coercion. — No member of the Trade shall require
that the purchase or lease of any goods be a prerequisite to the pur-
chase or lease of any other goods.
Aritcle VIII — Power or President to Modify
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
cancel or modify any order, approval, license, rule or regulation
issued under Title I of said Act.
Article IX— Monopolies
No provision in 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 second Monday after its
approval.
Apin-oved Code No. 478.
Registry No. 1118—17.
o
Approved Code No. 479
CODE OF FAIR COMPETITION
FOR TKE
COLD STORAGE DOOR MANUFACTURING
INDUSTRY
As Approved on July 11, 1934
ORDER
Approving Code of Fair Competition for the Cold Storage Door
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 the Code of
Fair Competition for the Cold Storage Door Manufacturing 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,
jDursuant 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 ; provided, however, that
the provisions of Article VII, insofar as they prescribe a waiting
period between the filing with the Code Authority and the effective
date of price lists, as originally filed ancl/or revised price lists or
revised terms and conditions of sale be and they hereby are stayed
pending my further Order; and, further provided, that the Trade
Association proposing the Code revises its Constitution and By-Laws
prior to the election of the Code Authority to conform to the require-
ments of the National Recovery Administration.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator,
Washington, D.C,
July 11, 1931^.
73191 " 829^3 34 1 (31)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Cold Storage Door Manufacturing Industry, as revised after a
public hearing conducted in Washington, D.C., on January 3, 1934,
in accordance with the provisions of Title I of the National Indus-
trial Recovery Act.
Provisions Of The Code As To Hours, Wages and General Labor
Provisions :
1. This Code provides that no employee shall be permitted to
work in excess of forty (40) hours in any seven (7) day period,
or more than eight (8) hours in any twenty-four (24) hour period,
except as follows :
(a) No person employed in clerical or office work shall be per-
mitted to work in excess of eight (8) hours in any twenty-four
(24) hour period.
(b) Employees engaged as truck drivers may be permitted to
work not in excess of forty-four (44) hours in any seven (7) day
j3eriod or more than nine (9) hours in any twenty-four (24) hour
period; provided that at least one and one-half (IV2) times the nor-
mal rate of pay shall be paid for time worked in excess of forty
(40) hours in any seven (7) day period or in excess of eight (8)
hours in any twenty-four (24) hour period.
(c) Employees engaged as watchmen in manufacturing plants
in operation may be permitted to work not in excess of nmety-six
(96) hours in any fourteen (14) day period.
(d) To provide for seasonal peaks, employees (other than those
engaged in clerical and office work and those engaged as truck
drivers and watclimen in manufacturing plants in operation) may be
permitted to work not in excess of forty-eight (48) hours in any
seven (7) day period in not more than six (6) consecutive seven (7)
day periods of any six (6) montlis' period; provided, however, that
this tolerance shall not be permitted if seasonal demands can be met
by the employment of additional employees, and further provided,
that at least one and one-half (IV2) times the normal rate of pay
shall be paid for all time worked in excess of the maxima provided
by Section (1) of Article III of the Code.
(e) This Code exempts from hourly limitation traveling salesmen,
and persons employed in a managerial or executive capacity who
earn not less than thirty-five dollars ($35.00) per week and employees
engaged in emergency maintenance or emergency repair work in-
vohing breakdowns or the protection of life or property; provided,
however, that in cases of emergency maintenance or emergency rei)air
work, at least one and one-half {V/o) times the normal rate of pay
sliall be paid for all time worlccd in excess of the maximum hours
provided by Section 1 of Article III of the Code.
(32)
S3
2. This Code also provides that no employee shall be permitted to
work more than six (6) days in any seven (7) day period.
3. This Code establishes a minimum rate of pay of forty cents
($0.40) per hour except that :
(a) persons employed in clerical or office work shall be paid not
less than at the rate of fifteen dollars ($15.00) per week, and
(b) the wage rates for apprentices (limited to not more than five
per cent (5%) of the total number of employees engaged in the
classification of work in which they are employed, by any employer
in any calendar month) shall be determined by collective bargaining.
(c) office boys and office girls under eighteen (18) years of age
limited to not more than one (1) for each twenty (20) clerical and
office employees employed by any one member of the industry in any
calendar month, except that each member of the industry may
employ at least one (1). Such office boy or office girl shall be paid
not less than eighty percent (80%) of the minimum wage rate for
clerical and office employees provided by Section 2 of Article IV
of the Code.
4. The Code provides for a minimum rate of pay irrespective of
whether the employee is actually comjjensated on a time rate, piece-
work or other basis.
5. This Code also provides for an equitable adjustment of all
wage rates above the minimum. Provisions are incorporated relative
to the employment of handicapped persons, rates of pay for female
employees, standards of safety and health, posting of the Code, and
payment of wages.
6. This Code provides that no employee now employed at a rate
in excess of the minimum shall be discharged and reemployed or
displaced by another employee at a lower rate of pay for purposes of
evading the provisions of this Code. No person under sixteen (16)
years of age shall be employed in the industry, and no person under
eighteen (18) years of age shall be employed at operations or occu-
pations hazardous in nature or dangerous to health. No employer
shall reclassify employees or duties of occupations performed or
engage in any subterfuge for the purpose of defeating the provisions
of this Code or of the Act.
ECONOMIC EFFECTS OF THE CODE
The Cold Storage Door Industry includes the manufacture for
sale of cold storage doors and windows, refrigerator fronts and ice-
passing chutes, except such products as are integral parts of a com-
mercial refrigerator. This industry to a large extent depends for
consumption of its products upon the alteration, repair and construc-
tion of packing houses, ice manufacturing and distributing plants,
hotels, breweries, butcheries and other institutions requiring cold
storage.
The Report of the Research and Planning Division indicates that
the volume of annual sales of the industry's products declined from
about $570,000 in 1929 to about $379,000 for the year 1932 and to an
estimated value of about $299,000 for the year 1933. Invested capital
has declined approximately nine per cent (9%) since 1930.
This is not a large industry and the report of the Research and
Planning Division indicates that in 1929 the maximum number of
34
employees was about ninety-nine (99) and in June, 1933, about fifty-
nine (59). As of October 15, 1933, the number of employees has
increased to about ninety-one (91). The provisions of this Code, as
deniand for the products of this industry increases, should restore
employment and purchasing power to the 1929 level.
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 Eecovery 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 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 industi-y.
(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.
(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,
Ad/rninistrator.
July 11, 1934.
CODE OF FAIR COMPETITION FOR THE COLD STOR-
AGE DOOR LIANUFACTURING 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 Cold Storage Door Manufacturing Industry, and its pro-
visions 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 " Cold Storage Door Industry " or " In-
dustry " as herein used is defined to mean and include the manu-
facture for sale of products of this industry.
Section 2. The products of this industry are defined to mean
and include cold storage doors, cold storage windows, refrigerator
fronts, and ice-passing chutes, except that such products as are
included as integral parts of a commercial refrigerator are
specifically not included.
Section 3. The term " Council," as used herein, shall mean the
" Cold Storage Door Manufacturers' Council."
Section 4. The term " employee," as used herein, includes any
and all persons engaged in the industry, however compensated,
except a member of the industry.
Section 5. The term " employer " as used herein includes anyone
by whom such employee is compensated or employed.
Section 6. The term " member of the industry," includes, but
without limitation, any individual, partnership, association, cor-
poration, or other form of enterprise engaged in the industry, either
as an employer or on his or its own behalf.
Section 7. The term " apprentice " as used herein is defined to
mean and include any employee apprenticed to his employer by an
indenture made in pursuance to law or by a written contract between
such an employee and his employer under an apprenticeship system
established and maintained by his employer.
Section 8. The term " trade " as used herein is defined to mean
and include all channels of distribution for the products of this
industry.
Section 9. 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.
Article III — Maximum Hours
Section 1. No employee shall be permitted to work in excess of
forty (40) hours in any one seven (7) day period or more than
(35)
36
eight (8) hours in any twenty-four (24) hour period, except as
herein otherwise provided.
Section 2. Hours for Clerical and Office Employees. — No person
employed in clerical or office work shall be permitted to work in
excess of forty (40) hours in any seven (7) day period or more
than eight (8) hours in any twenty-four (24) hour period.
Section 3. Exceptions as to Hours. — Employees engaged as truck
drivers may be permitted to work not in excess of forty-four (44)
hours in any seven (7) day period, or more than nine (9) hours in
any twenty-four (24) hour period or more than six (6) days in any
seven (7) da}'' period; provided that at least one and one-half (11/2)
times the normal rate of pay shall be paid for time worked in excess
of forty (40) hours in any seven (7) day period or in excess of
eight (8) hours in any twenty- four (24) hour period.
Section 4. Employees engaged as watchmen in manufacturing
plants in operation may be permitted to work not in excess of ninety-
six (96) hours in any fourteen (14) day period.
Section 5. To provide for seasonal peaks, employees, except those
described in Sections 2, 3 and 4 of this Article, ma,y be permitted to
work not in excess of nine (9) hours in any twenty-four (24) hour
period, or more than forty-eight (48) hours in any seven (7) day
period in not more than six (6) consecutive seven (7) day periods of
any six (6) months' period; provided, however, that this tolerance
shall not be permitted if seasonal demands can be met by the employ-
ment of additional employees; and, further provided, that at least
one and one-half (1^'2) times the normal rate of pay shall be paid
for all time worked in excess of the maximum provided herein in
Section 1 of this Article.
Section 6. Exemptions as to Hours. — ^The provisions of this
Article in respect to maximum hours shall not apply to traveling
salesmen, or to persons employed in a managerial or executive
capacity who earn not less than thirty-five dollars ($35.00) per week.
Section 7. The provisions of this Article in respect to maximum
hours shall not apply to employees engaged in emergency main-
tenance or emergency repair work involving breakdowns or the pro-
tection of life or property, provided, however, that in any such
emergency work at least one and one-half (l^/^) times the normal
rate of pay shall be paid for all time worked in excess of the
maxima herein provided by this Article, and further provided that
all cases of overtime emergency work shall be reported to the Code
Authority.
Section 8. Standard Week. — No employee shall be permitted to
work more than six (6) days in any seven (7) day period.
Section 9. Em,ployment hy several employers. — No employer
shall knowingly ])ermit any employee to work 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 vmges. — No employee shall be paid, in any
pay period, less than at the rate of forty cents (400) per hour,
except as herein otherwi.se provided.
37
Section 2. No person employed in clerical or ofRce work shall be
paid in any pay period less than at the rate of fifteen dollars
($15.00) per week, except as herein otherwise provided.
Section 3. The wage rates for apprentices shall be determined
by collective bargaining, but in no case shall any apprentice be paid
in any pay period at less than the minimum rate provided under
Section 1 of this Article. The total number of apprentices em-
ployed by any member of the industry shall not exceed in any cal-
endar month five per cent (5%) of the total number of employees
engaged in the classification of work in which they are employed,
but at least one (1) apprentice shall be permitted for each classifi-
cation.
Section 4. Office boys and office girls under eighteen (18) years
of age shall be paid no less than eighty per cent (80%) of the mini-
mum wage rates for clerical and office employees provided herein
under Section 2. Such office boys or office girls shall be limited in
any calendar month to one (1) for each twenty (20) clerical and
office employees employed by any one (1) member of the industry,
except that each member of the industry may employ at least one
(1) such office boy or office girl.
Section 5. Piece-work compensation. — 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.
Section 6. Wages above the Minimum. — On or before the effective
date every employer shall make an equitable adjustment of all wage
rates above the minimum. In no case shall wage rates be reduced,
notwithstanding that the number of hours worked in such employ-
ment may be hereby decreased. No change shall be made in piece-
work rates which will reduce the hourly or daily earnings of piece
workers. The action taken by each member of the industry in ac-
cordance with this provision shall be reported to the Code Author-
ity within thirty (30) days after the effective date of this Code and
to the Administrator on his request and shall be subject to the Admin-
istrator's review and disapproval.
Section 7. Female employees. — 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, and
perform substantially the same work as the men they displace, they
shall receive the same rate of pay as the men they displace. 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 were
employed at the effective date of the Code.
Section 8, Handicapped persons. — A person whose earning ca-
pacity 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. Such authority shall be guided
by the instructions of the United States Department of Labor in
73191° S29-43 34 2
38
issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by him.
Section 9. Evasion through Re-employment. — No employee now
employed at a rate in excess of the minimum shall be discharged and
reemployed or replaced by another at a lower rate for the purposes
of evading the provisions of this Code.
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 occupations which are hazardous in nature or dangerous to
health. The Code Authority shall submit to the Administrator
within sixty days (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 issued by the Agency
in such State empowered to issue employment or age certificates or
permits showing that the emploj^ee is of the required age.
Section 2. Pro-visions 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
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.
Section 3. Reclassification of Employees. — No employer shall re-
classify employees or duties of occupations performed or engage in
any subterfuge for the purpose of defeating the provisions of the
Act or of this Code.
Section 4. Standard for safety and health. — Every employer shall
provide 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 Administra-
tor within three (3) months after the effective date of this Code.
Section 5. State Laws. — No provisions in this Code shall super-
sede any Slate or Federal law which imposes more stringent require-
ments on employers as to age of employees, wages, hours or work,
or as to safety, health, sanitary or general working conditions or
insurance, or fire protection, than are imposed by this Code.
Section 6. Posting. — Each member of the industry shall comply
with the rules and regulations of the Administrator as to posting this
Code or portions thereof.
39
Section 1. Payment of Wages. — Each member of the industry
shall agree to make payment of all wages due in lawful currency or
by negotiable check therefor payable on demand. Wages shall be
due and payable at the end of each regular pay period but which
shall not exceed semi-monthly intervals. The provisions of this
Section shall not apply to persons employed in a managerial or exec-
utive capacity who earn not less than thirty-five dollars ($35.00) per
week.
Article VI — Organization, Powers, and Duties of the Code
Authority
Section 1. Organization and Constitution: A Code Authority is
hereby constituted to cooperate with the Administrator in the
administration of this Code.
Section 2. The Code Authority shall consist of three individuals,
constituting the industry representatives, elected by a majority vote
of the members of the industry, participating in the election and
eligible to vote under Section 11 of this Article, which majority must
include members of the industry producing seventy-five per cent
(75%) of the dollar sales value of the products of the industry sold
during the preceding year. Each member of the industry shall be
entitled to one vote. No mem.ber of the industry shall be entitled to
more than one representative on the Code Authority.
Section 3. Election of Code Authority. — The Council 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 election of members of the Code
Authority which may hereafter 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 member shall be
called and held within thirty (30) days after such vacancy occurs.
Until the vacancy has been filled by election of the members of the
industry, the Code Authority may appoint a member of the industry
to fill the vacancy in the interim. Notice of such election shall be
sent by registered mail to all members of the industry and the Ad-
ministrator at least ten (10) days in advance of such election, and
voting at such election may be by persoUj by proxy, or by letter ballot.
Section 4. In addition to membership, as above provided, there
may be three (3) members, without vote, to be appointed by the
Administrator for such terms as he may prescribe.
Section 5. The representatives who may be appointed by the Ad-
ministrator, together with the Administrator, shall be given notice
of and may sit at all meetings of the Code Authority and any agency
thereof.
Section 6. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall: (1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of Asso-
ciation, By-laws, regulations, and any amendments when made
40
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.
Section 7. In order that the Code Autliority 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 appro-
priate modification of the Code Authority.
Section 8. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any members of the Code Authority be liable in any maimer
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 Author-
ity, exercising reasonable diligence in the conduct of his duties here-
under, be liable to any other for any action or omission to act under
this Code, except for his own willful malfeasance or nonfeasance.
Section 9. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended 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
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
Section 10. Poioers and Duties of Code Authority. — Subject to
such rules and regulations as may be issued by the Administrator,
the Code Authority shall have the following powers and duties, in
addition to those authorized by other provisions of this Code.
(a) 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.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Author-
ity, members of the industry subject to this Code shall furnish
such 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 he 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 report shall be disclosed to any other member of the in-
dustry or any other party except to such other Governmental
agencies as may be directed by the Administrator.
(Q) To use such trade associations and other agencies as it deems
proper for the carrying out of 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.
41
(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 or affect members of the industry.
(f) To cooperate with the Administrator in regulating the use of
any N.K..A. insignia solely by those members of the industry who
are complying with this Code.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the industr}^ in their relations with each other
or with other industries; measures for industrial planning, and
stabilization of employment; and including modifications of this
Code which shall become effective as part hereof upon approval by
the Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the industry for the purpose of formulat-
ing fair trade practices to govern the relationships between em-
ployers under this code and under such other codes to the end that
such fair trade practices may be proposed to the Administrator as
amendments to this code and such other codes.
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules of procedure
and rules to effect compliance with awards and determinations.
Section 11. 1. It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated ex])enses for the foregoing
purj^oses, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Failure on the part of a member of the industry to make such con-
tribution shall be a violation of this Code. Only members of the
industry complying with the Code and contributing to the expenses
of its administration as hereinabove provided, unless duly exempted
from making such contributions, shall be entitled to participate in
the selection of members of the Code Authority or to receive the
42
benefits of any of its voluntary activities or to make use of any
emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent-
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
Article VII ^ — Publicity of Prices, Terms, and Conditions of
Sales
Section 1. Within twenty (20) days after the effective date of
this Code each member of the industry shall file with the Code
Authority, or with such agency as the Code Authority may desig-
nate a complete schedule of prices, and maximum discounts appli-
cable thereto, for all its products offered for sale. Such schedule
of prices shall stipulate that such prices and discounts shall be
effective on the tenth (10) day after the date of filing with freight
allowed to destination, shall include all terms and conditions of
sale to each of the members' classes of trade, and shall be supplied
in sufficient number for distribution to all interested parties.
Section 2. Except as provided herein in Section 3 of this Article
in the event of any revision by any member of the Industry of any
prices, discounts, terms, or conditions of sale, such member shall file
with the Code Authority, or with such agency as the Code Authority
may designate, full and complete copies of every such revision in
sufficient number for distribution to all interested parties and shall
stipulate that such revision shall be effective on the tenth (10th) day
after the filing of such revision.
Section 3. Filhig Revised Prices Terms^ Etc. — In the event that
any member of the industry shall file a revision in any prices, dis-
counts, terms or conditions of sale, then any other member of the
industry may file a similar revision in any prices, discounts, terms,
or conditions of sale for the same or equivalent product under the
same or equivalent terms or conditions of sale (to become effective
on the same date as the first filed revision) ; provided, that no such
revised prices, discounts, terms or conditions of sale are more favora-
ble to the purchaser than the first filed revisions; and further pro-
vided, that any such revised prices, discounts, terms or conditions
of sale shall have been filed not less than five (5) days prior to the
effective date of the first filed revisions.
Section 4. Avalldbility of Filed Prices. Etc. — All information
filed in accordance with this Article shall be open for inspection at
all reasonable times by any interested person.
Section 5. Adherence to Prices and Tenmis. — No member of the
industry shall directly or indirectly pay a rebate or allow a deduction,
sell or offer to sell or otherwise dispose of any of the products of this
industry, except in accordance with its prices, discounts, terms and
conditions of sale filed at such time and in such manner as is de-
scribed herein in this Article.
^ See paragraph 2 of order approving this Code.
43
Section 6. Definitions for the classifications of buyers for this
industry shall be determined by the Code Authority, subject to the
approval of the Administrator.
Article VIII — Trade Practice Rules
General Definition. — For all purposes of the Code the acts de-
scribed 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 viola-
tion of the Code.
Rule 1. Selling heJow cost. — No member of the industrj^ shall sell
below his individual cost, except to meet the price competition of
another member whose cost is lower.
The Code Authority shall cause to be formulated an accounting
system and methods of cost finding and/or estimating capable of
use by all members of the industry. After such system and metho(Ji^
have been formulated, and approved by the Administrator, full de-
tails concerning them shall be made available to all members.
Thereafter all members shall determine and/or estimate costs in
accordance with the principles of such methods.
When the Code Authority determines that an emergency exists
in this industry and that the cause thereof is destructive price-cut-
ting such as to render ineffective or seriously endanger the mainte-
nance of the provisions of this Code, the Code Authority may cause
to be determined the lowest reasonable cost of the products of this
industry, such determination to be subject to such notice and hear-
ing as the Administrator may require. The Administrator may ap-
prove, disapprove, or modify the determination. Thereafter, during
the period of the emergency, it shall be an unfair trade practice for
any member of the industry to sell or offer to sell any products of
the industry for which the lowest reasonable cost has been deter-
mined at such prices or upon such terms or conditions of sale that
the buyer will pay less therefor than the lowest reasonable cost of
such products. "\Yhen it appears that conditions have changed, the
Code Authority, upon its own initiative or upon the request of any
interested party, shall cause the determination to be reviewed.
Pending the adoption and use of an approved cost accounting
system or method as provided herein, each member of the industry
shall determine his " individual cost " of a product of the industry
in accordance with such cost accounting sj^stcm or method custo-
marily used by such member, provided that interest on indebtedness,
interest on investment, depreciation on idle facilities, and selling
administrative cost shall not be included in the mandatory cost
below which no member of the industry may sell.
Rule 2. Secret re'bates. — No member of the industry shall directly
or indirectly offer or make any secret or discriminatory payment or
allowance of a rebate, refund, commission, credit, unearned discount,
or allowance, whether in the form of money or otherwise, nor shall
any member extend to any customer any special, secret or discrimina-
tory service or privilege not extended to all customers of the same
44
class for the purpose of influencing a sale or with the intent or with
the effect of injuring a competitor or violating any of the provisions
of this Code.
Rule 3. False Billing. — No member of the industry shall post-
date or pre-date any contract, invoice, quotation, or receipt, withhold
from or insert in any contract, invoice, quotation or receipt any
statement which makes such contract, invoice, quotation, or receipt
inaccurate in any material particular or accept or offer to accept
any such contract, with the effect of injuring the business of a com-
petitor or violating the provisions of this Code.
Rule 4. Inaccurate advertising. — No member of the industry
shall use or publish 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 com-
modity (including 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
rtfcture or form of the business conducted.
Rule 5. 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 purchasers with respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material content, or preparation of such goods.
Rule 6. Ina-ccurate references to competitor, Etc. — No member of
the industry shall use advertising or other representation which
refers inaccurately in any material particular to any competitors or
their commodities, prices, values, credit terms, policies, or services.
Rule 7. Threats of law suits. — 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 competi-
tors or intimidating their customers.
Rule 8. BriMng Einfloyees. — 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. This 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
commercial bribery as hereinabove defined.
Rule 9. Guarantees. — No member of the industry shall guarantee
for a period longer than one (1) year from date of installation to
furnish or replace, free of charge, a product of this industry or any
part thereof found to be defective in material or workmanship.
Rui.E 10. Terms of payment. — No member of the industry shall
accept or offer to accept any contract or order providing more fa-
vorable terms of payment than to provide: (1) net cash thirty (30)
days from date of invoice, or (2) three percent (3%) discount on net
amount of invoice (freight charges not included) for cash payment
within ten (10) days from date of invoice; provided, however, that
45
members of the industry may provide for three percent (3%) dis-
count from the net amount of the invoice (freight charges not in-
cluded) for cash payment on current month's bills paid before the
tenth of the month following by continuous purchasers, or (3) that
eighty-five percent (85%) of the value of any material, labor or serv-
ice furnished, delivered or installed during the preceding calendar
month shall be due and payable en the fifteenth day of each month
following such furnishing, delivering or installing and that the bal-
ance shall be due and payable within thirty (30) days after the com-
pletion of the contract or order.
Rule 11. Revised Quotations. — No member of the industry shall
recall or revise or offer to recall or revise any quotation (whether
oral or written, submitted in competition to a buyer) for the purpose
or with the intent of submitting a more favorable price discount,
term or condition of sale, unless there has been a bona fide revision
in the plans, specifications or otlier estimating or purchasing data
forming the basis of the original quotation. On written request
of any interested member of tlie industry, any other member of the
industry shall be required to file with the Code Authority or such
other agency as the Code Authority may designate full and complete
copies of each revised quotation submitted as the result of a bona
fide revision in the plans, specifications or other estimating or pur-
chasing data of the buyer. All revised quotations filed pursuant to
this section shall be kept confidential by the Code Autliority or its
agency, except as may be necessary for the administration or en-
forcement of the provisions of this Code.
Article IX — Registoation of Members of the Industry
Every member of the industry shall comply with the rules and
regulations of the Administrator as to registration with the Code
Authority, or such other agency as the Administrator may direct
and including, but without limitation, the number of shops, estab-
lishments or separate units thereof and their location, as well as each
additional shop, establishment or separate unit opened after regis-
tration.
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 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
specifically, but without limitation, to the right of the President to
cancel or modify his approval of this Code or any conditions imposed
by liim 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 Administrator.
46
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 — 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 cost.
Article XIII — Effecttve Date
This code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 479.
Registry No. 1328-12.
O
Approved Code No. 480
CODE OF FAIR COMPETITION
FOR THE
STRUCTURAL STEEL AND IRON FABRICATING
INDUSTRY
As Approved on July 11, 1934
ORDER
Code of Fair Competition for tife Structural Steel and Iron
Fabricating 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 Structural Steel and Iron Fabricating
Industry, and hearing 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. 654:3-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
rej^ort 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 following changes be, and the same hereb}' are, made :
(1) That all provisions governing erection work are hereby deleted
and that such erection work shall be governed by the provisions of
Cha])ter I of the Code of Fair Competition for the Construction
Industiy, approved January 31, 1934.
(2) That Section 2 of Article IV be, and the same hereby is,
eliminated, and in lieu thereof, the following provision be, and it
hereby is, inserted:
"Section 2. (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 herein otherwise provided.
(b) The provisions of this Article shall not apply to employees
engaged in emergency maintenance or emergency repair work, or to
persons employed in a managerial or executive capacity who earn
regularly $35.00 per week or more; provided, hov/ever, that em-
ployees engaged in emergency maintenance or emergency repair work
shall be paid not less than at the rate of V/^ times their normal
hourly rate for all hours worked in excess of 40 hours in each week
or 8 hours in each twenty-four (24) hour period.
73151°^ 829-45— —34 (47)
48
(c) Watchmen may be permitted to work not to exceed 56 hours
in any one week.
(d) No employee shall be permitted to work more than 6 days in
any T-day period.
(e) No employer shall knowingly permit any employee to work
for any time which, when added to the time spent at work for another
employer or other employers in this industry or any other industry
exceeds the maximum permitted herein."
(3) That the following be, and the same hereby is, added as a
Subsection (a) 2 of Section 5 of Article IV:
"(a) 2. No employee engaged in drafting, detailing and/or design-
ing shall be paid in any pay period less than at the rate of twenty
(20) dollars per week."
(4) That Subsection (d) of Section 5 of Article IV be, and the
same hereby is, amended to read as follows :
"(d) The respective rates of pay per hour for all employees, other
than common laborers, employed in any plant of any member of the
Industry shall be such that the minimum monthly average rate of
pay per hour for all employees (except plant superintendents)
employed in such plant shall be 150% of the minimum rate of pay
per hour for common labor in such plant specified in Subdivision 1
of such Schedule C for the locality in which such plant is located;
provided, however, that such minimum monthly average rate of pay
per hour shall in no case be less than 51 cents. For all purposes of
this paragraph (d) the monthly average rate of pay per hour at any
plant of any member of the Industry in any calendar month shall
be deemed to be the quotient obtained by dividing the total compen-
sation paid to all employees (except plant superintendents) at such
plant for such month by the total number of hours worked by such
employees at such plant in such month."
(5) That the following be, and the same hereby is, added as
Section 14 of Article IV :
" Section 14. No employer shall dismiss or demote any employee
for making a complaint or giving evidence with respect to an alleged
violation of the provisions of this or any Code of Fair Competition."
(G) That the following be, and the same hereby is, added as
Section 4 of Article V :
" Section 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 the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
ap])ropriatc modification of the Code Authority."
(7) That Section 1 of Article VII be, and the same hereby is,
amended to read as follows:
" Section 1. None of the members of the Industry shall sell or
contract or olFer to sell any product and/or do or contract or offer
to do any erection work at a price which shall be less than the reason-
able estimated cost to such member of such product and/or of such
erection work, as the case may be. For the purposes of this Article
VII such reasonable estimated cost shall be determined in accordance
Avith the following provisions; provided, however, that no member of
the Industry shall sell or offer to sell any product or products and/or
49
erection work at a price below the member's own cost for sucli product
or products and/or erection work."
(8) That the following be, and the same hereby is, added as
Subsection (e) of Section 1 of Article VII :
"(e) The Code Authority shall within ten days engage a compe-
tent firm of public accountants who, subject to the review of the
Administrator, shall not later than two months after the effective
date of this Code report to the Code Authority a comprehensive
estimating formula including all direct and indirect charges. This
report immediately upon approval of the Administrator will replace
this Section 1 and will become the estimating formula of the
industry."
(9) That Section 2 of Article XII be, and the same is, hereby
deleted.
(10) That Subdivision I of Schedule C be, and the same hereby is,
eliminated, and in lieu thereof, the following provision be, and the
same hereby is inserted :
" I. Minimum Kates of Pay for Common Labor in Plants
The minimum rates of pay per hour for common labor in plants
shall be as follows :
District No. 1 400
District No. 2 40^
District No. 3 34^
District No. 4 400
District No. 5 4(J^
District No. 6 34^
District No. 7:
Territory of Hawaii 340
All otlier localities in District No. 7 40-,*
The minimum rates of pay established herein for common labor
shall not be construed as authorizing reductions in existing rates
of pay."
(11) That the following be, and the same hereby are, added as
additional unfair practices under Schedule F :
" R. Purchasing below advertised price of materials or accepting
rebates, credits (secret or otherwise), waiving of extras or any way
purchasing materials below published prices.
S. The shipping of material by fabrication in transit privilege to
a point or points other than actually specified on the orders to the
rolling mills for that particular material provided, however, that
nothing shall prevent the use of the fabrication in transit privilege
for the normal movement of stock material.
T. The violation of any provision of Schedule G in the purchasing
and/or selling of any material or services."
and provided, further, that within ninety days I may direct that
there be a further hearing on such of the provisions of this Code
as I may designate, and that any order which I ma}' make after such
hearing shall have the effect of a condition on the approval of
said Code.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended.
George L. Berry,
Divisio7i Administrator.
July 11, 1934.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Structural Steel and Iron Fabricating Industry, as revised after the
Public Hearing conducted in Washington on October 3'0, 1933, in
accordance with the provisions of the National Industrial Recovery
Act. All statements in this report are based on the Code as trans-
mitted herewith and the Order of Approval submitted for your
signature.
HOURS AND WAGES
This Code provides that workers shall not be employed for more
than forty (40) hours in any one (1) week nor more than eight (8)
hours in any twenty-four (24) hour period nor more than six (6)
days in any seven (7), except in cases of emergency when all over-
time shall be paid for at the rate of time and one-third. Further-
more, these restrictions do not apply to those in a managerial or
executive capacity who earn thirty-five dollars ($35.00) or more
per week. Employees engaged in drafting, detailing and/or de-
signing are to be paid not less than at the rate of twenty dollars
($20.00) per week. No person under sixteen (16) years of age may
be employed in the industry nor anyone under eighteen (18) years
of age in plants or in erection work. The minimum rate of pay per
hour for common labor in the Territory of Hawaii and the Southern
States is established at thirty-four cents (34^.) per hour, the balance
of the United States, Alaska and the Canal Zone at forty cents (40^).
ECONOMIC EFFECTS OF THE CODE
This industry, being a capital goods industry, has suffered
severely during the depression. The number of employees in the
industry in 1929 was approximately fifty thousand but this number
has now been reduced to about one-half although the volume of
production has fallen to about one-quarter of the 1929 volume. The
analysis of the Research and Planning Division indicates that
about fifteen percent of the number of employees will probably im-
mediately benefit by increases in wages, although any increase in
wage earners will be in large measure dependent upon increases in
demand for j^roducts of the industry. The provisions designed to
prevent sales below cost should prevent a resulting loss of working
capital with its tendency to cut wages to reduce losses.
(50)
51
FINDINGS
The Deputy Administrator in his final report to me on said
Code having found as lierein set fortli and on the basis of all tho
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 tlie free flow of interstate and foreiga
commerce which tend to diminisli the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for tlie 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 tlie 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) The Code as approved complies in all respect witli 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 an industrial association truly representative of the afore-
said Industry; and that said association imposes 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 tliem.
(e) 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 this Code has been approved.
Ilespect fully,
Hugh S. Johnson,
Ad'niinist7'ator.
July 11, 1934.
CODE OF FAIK COMPETITION FOR THE STRUCTURAL
STEEL AND IRON FABRICATING INDUSTRY ^
Article I — Definitions
Wherever used in this Code or in any schedule appertaining hereto
the terms hereinafter in this Article defined shall, unless the context
shall otherwise clearly indicate, have the respective meanings here-
inafter in this Article set forth. The definition of any such term in
the singular shall apply to the use of such term in the plural and
vice versa.
Section 1. The term " the United States " means and includes all
of the territory of the United States of America on the North
American continent (including Alaska and the Canal Zone) and the
Territor}^ of Hawaii.
Section 2. The terms " the President ", " the National Industrial
Recovery Act ", " the Administrator ", and " the Administration "
mean, respectively, the President of the United States of America,
Title I of the National Industrial Recovery Act as approved by the
President June 16, 1933, the Administrator for Industrial Recovery
appointed by the President and at the time in office under, and the
agency established pursuant to Section 2 of Title I of the National
Industrial Recovery Act.
Section 3. The term " person " means and includes any individual,
firm, association, corporation or other form of business enterprise.
Section 4. The term " products " means and includes fabricated
steel or iron shapes, plates or bars (other than concrete reinforcing
bars) for use in the construction of buildings, bridges or other struc-
tures and any other articles incidental thereto and used in connection
therewith which shall be manufactured or processed by the person
who fabricates such plates, shapes or bars.
Section 5. The term " erection work " means and includes the
W'ork of erecting products in place in buildings, bridges or other
structures and any other w^ork incidental thereto and customarily
undertaken in connection therewith by members of the Industry.
Such other work is hereinafter sometimes referred to as " incidental
erection work."
Nothing in the Code contained, however, shall be deemed to relieve
any person from any obligation of such person to comply with the
provisions of the Code of Fair Competition for the Construction
Industry approved by the President January 31, 1934, or with the
provisions of any other code of fair competition or of any chapter
of such Construction Code that shall have been approved by the
Presidout pursuniit to the provisions of Section 3 of the National
Industrial R^'covery Act, in bidding for, contracting to do, doing
or subletting any part of the work of erecting materials in place in
* See paragraph 2 (1) of order approving this Code.
(52)
53
buildings, bridges or other structures (other than erection work as
hereinbefore defined) in so far as sucli provisions sliall be properly
aj^plicable to such part of such work.
Section 6. The term " the Industry " means and includes the busi-
ness of fabricating in the United States and selling products, or
any of them, and/or the business of contracting to do and doing
erection work in the United States, including the designing of such
products, or any of them, and of such erection work by the member
of the Industry which fabricates such products or does such erection
work.
Section 7. The term " member of the Industry " means and in-
cludes any person conducting in the United States the business of
fabricating and selling products, or any of them, and/or the business
of contracting to do and doing erection work in the United States.
Section 8. 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 that shall law-
fully be made.
Section 9. The term " member of the Code " means any member
of the Industry which shall have become a member of the Code as
hereinafter in Section 2 of Article III provided.
Section 10. The term " the Institute " means American Institute
of Steel Construction, Inc., a New York membership corporation.
Section 11. The term " the Code Authority " means the Code
Authority as from time to time constituted pursuant to the pro-
visions of Article V of the Code.
Section 12. The term " the Secretary " means the secretary of
the Institute at the time in office.
Section 13. The term " the Treasurer " means the treasurer of the
Institute at the time in office.
Section 14. The term " unfair practice " means and includes any
act described as an unfair practice in Schedule F annexed hereto.
Section 15. Wherever used in the Code with reference to the
Industry or any member of the Industry or any member of the
Code, unless thfe context shall otherwise clearly indicate,
(a) the term "plant" means only a plant for the fabrication of
one or more products in the Industry ;
(b) the term " prices " includes only prices for the sale of
products and/or for erection work;
(c) the term "labor " means only labor performed in the Industry;
and
(d) the term " employee " means only an employee in the Industry.
Section 16. The term " the effective date of the Code " means the
eleventh day after the day on which the Code shall have been
approved by the President pursuant to the National Industrial
Recovery Act.
Section 17. The term " an affiliated group " means one or more
corporations connected through stock ownership with a common
parent corporation if (1) at least 50% of the stock of each such
corporation (except such common parent corporation) is owned di-
rectly by one or more of the other corporations, and (2) such com-
mon parent corporation owns directly or through one or more of the
other corjDorations. The term " an affiliated company of a member
73151 ° 820-45 34 2
54
of tlie Industry " means (1) a corporation which is one of an affili-
ated group that also includes such member of the Industry, or (2) a
corporation at least 50% of the stock of which is owned by such mem-
ber or by such member and any other member or members of the
Industry. For the purposes of this Section 16 the term " stock "
does not include non-voting stock which is limited and preferred as
to dividends.
Article II — Purpose or the Code
Section 1. The Code is adopted pursuant to Title I of the National
Industrial Recovery Act.
Section 2. The purpose of the Code is to effectuate the policy of
Title I of the National Industrial Kecovery Act in so far as it is
applicable to the Industry.
Article III — Membership in the Code
Section 1. It is of the essence of the Code that all members of the
Industry which shall comply with the provisions of the Code shall
be entitled to participate in its beneiits upon the terms and conditions
set forth in the Code.
Section 2. Any member of the Industry which shall desire to be-
come a member of the Code may do so by signing and delivering to
the Secretary a letter substantially in the form set forth in Scliedule
A annexed hereto.
Section 3. A meeting of members of the Code may be called and
held at any time by order of the Code Authority, or by members
of the Code having the right to cast at least 50% of all the votes that
might be cast at such meeting, if all the members of the Code were
present thereat, on not less than ten days' notice to each of such mem-
bers stating the time and place of such meeting and the purposes
thereof.
A meeting of members of the Industry may be called and held at
any time by order of the Code Authority, or by members of the
Industry having the right to cast at least 50% of all the votes that
might be cast at such meeting, if all the members of the Industry
entitled to vote at such meeting were present thereat, on not less
than ten days' notice to each of such members stating the time and
place of such meeting and the purposes thereof.
Section 4. Subject as hereinafter in this Section 4 provided, at
each meeting of the members of the Code and, except as provided
in Section 2 of Article V of the Code, at each meeting of members of
the Industry, each member of the Code shall have as many votes as
shall equal the sum of (a) the quotient obtained by dividing by
2000 the average annual amount in tons of the products fabricated
by such member and delivered for use within the United States
during the four cak'ndai- years 1928 to 1931, inclusive, and (b) the
quotient obtained by dividing by 10,000 the average annual amount in
U)ns of the products the erection work on which in the United States
was done by such member during the four calendar years 1928 to 1931,
inclusive. Fractions in such quotients sliail be disref^arded ; pro-
vided, however, that each member of the Code shall have at least
55
one vote. The number of vetes which each member of the Code
shall be entitled to cast at any such meeting shall be determined
by the Code Authority in accordance with the provisions of this
Section 4.
If any member of the Industry shall, within thirty days after it
shall have become a member of the Code, file with the Secretary a
petition stating that the average annual amount in tons of the prod-
ucts fabricated and delivered by such member for use within the
United States during the four calendar years 1928 to 1931, inclusive,
did not fairly represent the comparative position of such member in
the Industry at the end of such four year period, the Code Authority
may fix the amounts in tons which in its opinion would fairly repre-
sent the position of such members in the Industry at the end of such
four year period and the number of votes to which such member
shall be entitled under the provisions of this Section 4 shall be com-
puted on the basis of the amounts so fixed. The Code Authority
may also, from time to time in its discretion, adjust the amounts in
tons on the basis of which the number of votes of each meml^er of the
Code shall be computed in such manner as fairly to apportion such
votes among the members of the Code with due regard to their com-
parative positions in the business of fabricating, and/or doing erec-
tion work on, products used in the United States at the time of any
such adjustment; provided, however, that no adjustment made by the
Code Authority under the provisions of this sentence shall take effect
prior to January 1, 1935. At each meeting of members of the Code
or of members of the Industry, as the case may be, any individual
or firm who shall be entitled to vote thereat may, and any association
or corporation which shall be entitled to vote thereat shall, vote by
proxy in writing duly executed by such member and filed wnth the
Secretary. Any such proxy may be for a specified meeting or be a
general proxy for any or all meetings that may be held mitil such
proxy shall kave been revoked by an instrument in writing duly
executed and filed with the Secretary by the member of the Industry
which gave such proxy.
Section 5. At each meeting of the members of the Code or of the
members of the Industry, as the case may be, members thereof having
the right to cast at least two-thirds of all the votes that might be
cast at such meeting, if all the members of the Industry entitled to
vote at such meeting were present thereat, shall constitute a quorum
for the transaction of business at such meeting.
Section 6. The Institute shall impose no inequitable restrictions
on membership, and will maintain on file with the Administrator
true copies of its certificate of incorporation, constitution and by-
laws, regulations and any amendments when made thereto, together
with such other information as to membership, organization and
activities as the Administrator may from time to time deem necessary
to effectuate the purpose of Title I of the National Industrial
Recovery Act.
Section 7. In order to be entitled to notice of and to vote at any
meeting of members of the Industry, a member of the Industry which
shall not be a member of the Code
(a) must in good faith be complying with the provisions of the
Code ;
56
(b) must, at least ten days prior to the date of such meeting, have
filed with the Secretary a statement showing its name and address
and the report required by the provisions of Section 6 of Article IX
of the Code ; and
(c) must have contributed toward the expenses of administering
the Code in an amount at least equal to the amount which would
have been payable by it had it been a member of the Code from the
effective date of the Code or from the date on which it became such
member of the Industry, whichever date shall be the later, to the
date of such meeting.
Except as provided in Section 2 of Article V of the Code, at
each meeting of the members of the Industry each member thereof
which shall have qualified to vote at such meeting as hereinbefore
in this Section 7 provided shall have a number of votes determined
in the same manner as is hereinbefore in Section 4 of this Article
VI provided for determining the number of votes which a member
of the Code shall have at such meeting.
Article IV — Hours of Labor, Rates of Pay and Other Conditions
OF Employment,
Section 1. Pursuant to subsection (a) of Section 7 of the National
Industrial Recovery Act, the Code contains the following conditions :
(1) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self -organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection;
(2) that no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organ-
ization of his own choosing ; and
(3) that employers shall comply with the maximum hours of
labor, minimum rate of pay, and other conditions of employment,
approved or prescribed by the President.
Section 2. Except as hereinafter in this Section 2 provided and
so long as employees qualified for the work required shall be avail-
able in the respective localities where such work shall be required,
(a) none of the members of the Industry shall cause or permit
any employee in any of its plants to work more than 40 hou.rs or
more than 6 days in any one week; frovided^ however^ that such
employees may be permitted to work more than 40 hours per week,
but not more than 48 hours per week, in any 4 weeks of any period
of IG consecutive weeks; and
(b) employees employed on erection work shall not be permitted
to work more than 40 hours in any one week or more than 8 hours
in any 24 hour period; provided^ however^ that, if on any job of
erection work working time shall have been lost because of weather
conditions or unavoidable delays, until such lost working time shall
be made up, employees on such job may be permitted to work more
than 40 hours per week and more than 8 hours in any 24 hour period,
57
but not more than 48 hours per week, in any 4 weeks of any period
of 16 consecutive weeks.
The foregoing provisions of this Section 2 shall not apply
(1) to the following classes of employees, if they shall be receiv-
ing pay at a rate of $35 per week or more, viz : executives, those
employed in supervisory capacities (other than foremen regularly
performing manual labor) and in technical vrork and their respective
staffs; or
(2) to watchmen or those employed in emergency work. Watch-
men may be permitted to work not more than 56 hours in any one
week.
None of the members of the Industry shall knowingly permit any
employee who also shall have performed work for one or more other
employers (whether or not members of the Industry) to work for
such member such number of hours as would result in a violation of
the Code had all such work been performed for such member.-
Section 3. None of the members of the Industry shall omplov any
employee under 16 years of age; nor shall any member of the Indus-
try employ any employee under 18 years of age in or about its
plants or in or about any erection work.
Section 4. For the more effective administration of the Code, the
districts described in Schedule B annexed hereto have been estab-
lished and the minimum rates of pay for labor have been fixed for
the various localities described in Schedule C annexed hereto within
the respective districts.
Section 5, Subject as hereinafter in Section 7 of this Article IV
provided :
(a) The rate of pay per hour which each member of the Industry
shall pay for common labor employed in its plant or plants in any
of the localities described in Subdivision I of Schedule C annexed
hereto shall be not less than the minimum rate of pay set forth in
such Subdivision I for such common labor in such locality.^
(b) The rate of pa}^ per hour which each member of the Industry
shall pay for common labor employed by such member in erection
work in any of the localities described in Subdivision II of such
Schedule C shall be not less than the minimum rate of pay set forth
in such Subdivision II for such common labor in such locality;
provided, however, that the provisions of this paragraph (b) shall
not be construed as establishing a minimum rate of pay for other
than common labor,
(c) Except as hereinafter in this Section 5 provided, none of the
members of the Industry shall pay any of its employees performing
labor in its plant or plants in any locality described in Subdivision I
of such Schedule C, or in erection work in any locality described in
Subdivision II of such Schedule C, at any rate of pay less than the
minimum rate specified in such Subdivision I or in such Subdivision
II, as the case may be, for common labor in such locality.
(d) The respective rates of pay per hour for all employees, other
than common laborers, employed in any plant of any member of
the Industry shall be such that the minimum monthly average
- Section 2 deleted and substitution inserted. See paragraph 2 (2) of order approving
this Code.
^Additional subsection inserted. See paragraph 2 (3) of order approving this Code.
58
rate of pay per hour for all employees (except plant superintend-
ents) employed in such plant shall be 1271/2 percent of the minimum
rate of pay per hour for common labor in such plant specified in
Subdivision I of such Schedule C for the locality in which such
plant is located; provided, however, that such minimum monthly
average rate of pay per hour shall in no case be less than 38 cents.
For all purposes of this paragraph (d) the monthly average rate
of pay per hoyr at any plant of any member of the Industry in any
calendar month shall be deemed to be the quotient obtained by
dividing the total compensation paid to all employees (except plant
superintendents) at such plant for such month by the total number
of hours worked by such employees at such plant in such month.*
(e) The employees referred to in the foregoing paragraph (cl) of
this Section 5 shall not include superintendents, managers, civil en-
gineers, draughtsmen, accountants, clerks or stenographers, or other
employees whose pay is customarily included as a part of adminis-
trative and/or selling expenses. The respective rates of pay which
shall be paid by each member of the Industry to its employees of
the classes hereinbefore in this paragraph (e) referred to (not in-
cluding such employees whose rates of pay were more than $35 per
week on August 15, 1933) in any locality shall be at least 80% of
the respective rates of pay (not including any bonus) paid hj it
to its employees of such classes in such locality on July 16, 1928;
provided, however, that none of the members of the Industry shall
pay any such employee at a rate of pay less than $14 per week.
Each member of the Industry which shall not have done so since
June 15, 1933, shall make such adjustments in the rates of pay of
its employees of the classes referred to in this paragraph (e) whose
rates of pay on August 15, 1933, were gi^eater than $35 per week
(not including executives and heads of departments) as shall be
fair and equitable to such employees.
(f) If any member of the Industry shall pay any employee per
piece work performed, the minimum rate of pay which such mem-
ber shall pay to such employee for such work shall be such that
the rate of pay per hour of such employee for the number of hours
worked by him during the pay period in which such work shall be
performed sliall be not less than the minimum rate of pay per hour
provided under the Code for such class of work in the plant or
locality in which such work shall be performed.
(g) Anything in the Code to the contrary notwithstanding, the
rate of pay per hour for apprentices, watchmen or office boys, or for
any employee who because of age or disability shall not be engaged
in active manual hibor, shall be not less than 80% of the minimum
rate of pay per houi- for common labor applicable under Subdivision
I of such Schedule C to the plant at which such employee shall be
employed; provided, however, that the number of such employees
who shall 1)0 employed at such plant and who shall be paid at a rate
of pay per hour less than such minimum rate of pay per hour for
common labor shall not exceed 5% of the total number of employees
regularly employed at such plant; and provided further that for the
purposas of this paragraph (g) none of the employees of a member
♦Amended. See paragraph 2 (4) of order approving this Code.
59
of the Industry shall be deemed an apprentice after he shall have
been in the employ of such member for a period of six months.
Section 6. Each member of the Code which shall violate any pro-
vision of Section 5 of this Article IV shall pay to the Treasurer as
an individual and not as treasurer of the Institute, in trust, a sum
equal to $3 per ton of each ton of any product or products which
shall have been fabricated in the plant of such member in which the
violation shall have occurred during the continuance of such viola-
tion or in the erection Avork on which such violation shall have oc-
curred and which shall have been erected during the continuance
of such violation, as the case may be.
Section 7. Where provisions concerning hours of labor or rates
of pay have been established for specific projects, by competent
governmental authority or agencies (whether Federal, State, or po-
litical subdivisions thereof) acting in accordance with law, any
member of the Industry required to comply and compl3'ing with the
provisions so established shall be relieved of compliance with any
conflicting provisions of this Article IV.
Section 8. If any member of the Code shall sublet any erection
w^ork to any person not a member of the Code, such mtnnber shall
procure from such person an agreement substantially in such form
as shall have been approved by the Code Authority whereby such
person shall agree to comply, and to cause any subcontractor to which
such person may in turn sublet such erection work or any part
thereof to comply, with the provisions of this Article IV in respect
of the maximum hours of labor and minimum rates of pay for com-
mon labor which shall be employed by such person or such sub-
contractor, as the case may be, in such erection work. Each member
of the Code which shall violate any provision of this Section 8 shall
pay to the Treasurer as an individual and not as treasurer of the
Institute, in trust, a sum equal to $5 per ton for each ton of any
j^roduct or products the erection work on which shall have been
sublet by such member in violation of this Section 8.
Section 9. None of the members of the Industry shall sublet all
or any part of the work of fabricating any product or products in
quantities of 10 tons or over for any one job, or the making of any
drawings in connection therewith, to any person who shall not agree
to conform to the provisions of the Code or of another code of fair
competition approved by the President pursuant to the provisions
of the National Industrial Eecovery Act and applicable to such per-
son, in respect of maximum hours of labor and minimum rates of pay
for labor which shall be employed on such work. Any member of
the Code which shall sublet any such work in violation of this Sec-
tion 9 shall pay to the Treasurer as an individual and not as treas-
urer of the Institute, in trust, a sum equal to $5 per ton for each ton
of any product or products any such work on which shall have been
so sublet by such member.
Section 10. None of the members of the Industiy shall sublet all
or any part of the work of fabricating any product or products or
the making of any drawings in connection therewith or any erection
work thereon to any of its employees; provided, however, that the
foregoing provisions of this Section 10 shall not be deemed to pro-
hibit any member of the Industry from paying any of its employees
60
per piece of work performed at a rate of pay which shall conform to
the provisions of paragraph (f ) of Section 5 of this Article IV.
Section 11. None of the members of the Industry shall reclassify
its employees or their duties or occupations or employ any other sub-
terfuge, for the purpose of defeating the purposes or provisions of
the National Industrial Recovery Act or {he Code.
S'ection 12. Members of the Industry shall make payment of all
wages due in lawful currency or by negotiable check therefor payable
on demand. Wages shall be paid at least bi-monthly and salaries
shall be paid at least monthly. None of the members of the Industry
nor any agent of such member shall accept any rebate from such
wao;es directly or indirectly.
Section 13. In doing any incidental erection work (as the term
" incidental erection work " is defined in Section 5 of Article I of the
Code), members of the Industry shall comply with the maximum
hours of labor and minimum rates of pay at the time in effect under
the Code of Fair Competition for the Construction Industry ap-
proved by the President on January 31, 1934, in so far as they shall
be applicable to such incidental erection work.^
Article V — The Code Authority
Section 1. The Code Authority shall consist of the following:
(a) The members of the Board of Directors of the Institute at
the time in office.
(b) Two associate members to be appointed as hereinafter in Sec-
tion 2 of this Article V provided.
(c) Not more than two members, as the Administrator shall de-
termine, each of whom shall be a member of the Industry (or an
executive officer of a corporation or a member of a firm which is a
member of the Industry) and who may be elected by the members
of the Industry which are not members of the Institute, if such
members of the Industry shall so desire, in such manner as the
Administrator shall approve.
(d) One or more members, not exceeding three, who shall be
appointed by the Administrator. Such member or members shall
serve without expense to the Industry and shall not have the right
to vote.
Section 2. Each of the two associate members of the Code Au-
thority provided for in paragraph (b) of Section 1 of this Article V
must be a member of the Industry (or an executive officer of a cor-
poration or a member of a firm which is a member of the industry)
conducting the business of doing erection work under the Code but
not conducting the business of fabricating products. In the first
instance such tAvo associate members shall be appointed by the Board
of Directors of tlie Institute from among not less than five individ-
uals nominated by Structural Steel and Bridge Erectors Association,
all of whom shall be members of the Industry (or executive officers
of corporations or members of firms wliich are members of the Indus-
try) conducting the business of doing erection work under the Code
but not conducting the business of fabricating products. Within 90
days after the effective date of the Code, the Code Authority shall
•Section 14 added. See paragraph 2 (5) of order approving this Code.
61
call a meetino; of all members of the Industry which shall be mem-
bers of the Code or which shall have qualified to vote as provided
in Section 7 of Article III of the Code and which shall be engaged
in the business of doing erection work under the Code for the elec-
tion of two associate members of the Code Authority to succeed the
two first appointed as above provided. At such election each such
member of the Industry shall be entitled to one vote for each such
associate member to be elected and such associate members shall be
elected by plurality vote. The associate members so elected shall
serve for a term of one year or until their successors shall be elected.
Thereafter two such associate members shall be elected annually in
the same manner.
Section 3. The Code Authority may from time to time prescribe
rules for the calling and conducting of meetings thereof. A major-
ity of the members of the Code Authority at the time in office and
entitled to vote shall constitute a quorum for the transaction of busi-
ness at any meeting of the Code Authority, but a number of such
members less than a majority thereof may adjourn any meeting from
time to time until a quorum shall be present thereat.*^
Article VI — Administration of the Code
Section 1. The administration of the Code shall be under the
direction of the Code Authority. To the extent permitted by the
National Industrial Recovery Act, the Code Authority shall have
all the powers and duties conferred upon it by the Code and gener-
ally all such other powers and duties as shall be necessary or proper
to enable it fully to administer the Code and to effectuate its purpose.
Section 2. For the purpose of facilitating the administration of
the Code, the Code Authority shall appoint two committees as
follows :
(a) A Committee on Fabrication to consider, and make recom-
mendations to the Code Authority in respect of, matters in connec-
tion with the administration of the Code which relate to the fabri-
cation of products under the Code and to have such other powers
and duties with regard to such matters as the Code Authority shall
from time to time prescribe. Such Committee shall consist of seven
members, including the chairman, all of whom shall be members of
the Code Authority who are members of the Industry (or executive
officers of corporations or members of firms which are members of
the Industry) conducting the business of fabricating products under
the Code.
(b) A Committee on Erection to consider, and make recommenda-
tions to the Code Authority in respect of, matters in connection with
the administration of the Code wdiich relate to erection work under
the Code and to have such other powers and duties with regard to
such matters as the Code Authority shall from time to time pre-
scribe. Such Committee shall consist of seven members, including
the chairman, two of them shall be the associate members of the Code
Authority hereinbefore in Article V referred to and the remaining
five of wdiom shall be members of the Code Authority who are mem-
• Section 4 added. See paragraph 2 (G) of order approving this Code.
73151° 829-45 34 3
62
bers of the Industry (or executive officers of corporations or members
of firms wliicii are members of the Industry) conducting the business
of doing erection work under the Code.
Any action taken by eitlier of such Committees shall be rejoorted
to the Code Authority at the meeting thereof next following the
taking of such action and any such action may be rescinded or
modified by the Code Authority at any time.
Section 3. The Code Authority may from time to time appoint
such other committees as it shall deem necessary or proper in order
to efTectuate the purpose of the Code, and it may delegate to any
such committee generally or in particular instances such of the
powers and duties of the Code Authority under the Code as the
Code Authority shall deem necessary or proper in order to effec-
tuate such purpose. Any member of any .such committee may be
a member of the Code Authority or an officer or a director of a
member of the Industry or a person not having any official connec-
tion with any member of the Code or with the Institute, as the
Code Authority shall deem proper.
Section 4. The Secretary shall act as Secretary under the Code.
Under the direction of the Code Authority, he shall keep all books
(except books of account) and records under the Code and, except
as the Code Authority shall otherwise provide, shall collect, file and
collate all statistics and other information required by tne Code
Authority for the proper administration of the Code.
Section 5. The Treasurer shall act as Treasurer under the Code
and, under the direction of the Code Authority, he shall have cus-
today of, and have charge of the disposition of, all funds collected
under the Code; and he shall keep proper books of account show-
ing the collection and disposition thereof. The Treasurer shall fur-
nish a bond satisfactory to the Code Authority.
Section G. The Code Authority shall have power from time to
time (a) to appoint and remove, and to fix the compensation of, all
such other officers and employees and all such accountants, at-
torneys and experts, as the Code Authority shall deem necessary
or proper for the purpose of administering the Code and (b) to
fix the compensation of the Secretary and the Treasurer for their
services in acting under the Code.
Section 7. The expenses of administering the Codes shall be borne
by the members of the Industry. The Code Authority may from
time to time make such assessments on account of such expenses
against the members of the Industry as it shall deem proper and
such assessments shall be payable as the Code Authority shall specify.
The part of such expenses which shall be assessed against each
member of the Industry shall bear the same relation to the total
of sucli expenses as the number of votes which, pursuant to the pro-
visions of the Code, such member might cast at a meeting of the
jnembers of the Industry held at the time of any such assessment
shall bear to the total number of votes that might be cast thereat
by all the tlien members of the Industi'y, if all of such members
were entitled to vote at such meeting.
Sec'ITON 8. 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
63
such action be suspended in order to afford to him an opportunity
for investigation of the merits of such action and to the Code
Authority or such agency an opportunity for further consideration
thereof. Pending the determination on such investioation or fur-
ther consideration, such action shall not become effective, unless
the Administrator shall approve it or unless he shall fail to dis-
approve it after thirty days notice to him of intention to proceed
with such action in its original or modified form.
Section 9. The Code Authority shall be deemed to have discharged
its full duty under the Code with respect to any violation or alleged
violation of the Code, when the Code Authority shall have exercised
such powers as are at the time legally conferred upon it in respect
thereof and, in the event of the inability of the Code Authority
to obtain comiDliance with the provisions of the Code, shall have cer-
tified the facts available to it with respect to such violation or alleged
violation to the Administrator or to such other appropriate Gov-
ernmental authority as he shall designate and thereafter shall have
been ready to render all proper assistance to the Administrator or
to such other Governmental authority in any lawful proceeding to
obtain such compliance.
Article VII — Prices and Terms of Payment
Section 1. None of the members of the Industry shall sell or
contract or oifer to sell any product and/or do or contract or offer
to do any erection work at a price which shall be less than the
reasonable estimated cost to such member of such product and/or of
such erection work, as the case may be. For the purposes of this
Article VII such reasonable estimated cost shall be determined in
accordance with the following provisions."
(a) All estimates of cost in fabricating any product (including
overhead and general and selling expenses as provided in para-
graph (d) of this Section 1 shall be based on the minimum rates
of joay and the minimum monthly average rates of pay at the time
in effect under the Code as provided in Section 5 of Article IV and
in Subdivision I of Schedule C thereof for the locality in which the
plant of such member at which such product shall be fabricated is
located; provided, however, that if such rates shall be less than the
minimum rates of pay and the minimum monthly average rates of
pay for the same classes of labor at the time in effect under the
Code as provided in said Section 5 and in Subdivision I of such
Schedule C for the locality in which such product is to be delivered
or erected, then such estimates of cost (including overhead and gen-
eral and selling expenses as provided in paragraph (d) of this
Section 1 shall be based on the minimum rates of pay and the mini-
mum monthly average rates of pay for such classes of labor at the
time in effect under the Code as provided in said Section 5 and in
Subdivision I of such Schedule C for such latter locality.
(b) All estimates of cost or erection work (including overhead
and general and selling expenses as provided in paragraph (d) of
this Section 1) shall be based on the rates of pay for labor to be
employed on such work and for the purposes of any such estimate
'Amended. See paragraph 2 (7) of order approving this Code.
64
(1) the niinimnni rate of pay per hour for common labor to be
employed on such work shall be not less than the minimum rate of
pay per hour for such labor at the time in effect under the Cod© as
provided in Section 5 of Article IV and in Subdivision II of Sched-
ule C thereof for the locality in which such work is to be done, or in
the case of erection work referred to in Section 7 of Article IV of the
Code, the rate of pay prescribed as provided in said Section 7, and
(2) the minimum average rate of pay per hour for all employees
(except the foremen and the resident engineer in charge of the job
at the place of such work) who shall be employed on any job of
erection work on which eight or more employees (including fore-
men) shall be employed shall be not less than 155 per cent of the
minimum rate of pay per hour for common labor on such job as
provided in the foregoing clause (1) of this paragraph (b). For
the purposes of any such estimate the average rate of pay per hour
on any such job of erection work shall be determined by dividing
the total compensation which shall be paid to all employees em-
i:)loyed on such job (except the foremen and the resident engineer in
charge of the job at the place of such work) by the total number
of hours wdiich sliall be worked on such job by such employees and
shall in no case be less than the minimum average rate of pay per
hour hereinbefore in clause (2) of this paragraph (b) specified.
(c) The estimated cost of shapes, plates and bars shall be the
respective published base prices therefor at the respective basing
points therefor nearest in terms of delivered prices to the place
where the structure for which such shapes, plates or bars are to be
used is to be erected, plus all published extras thereon and the all-
rail published tariff freight charges thereon from such basing points
to such place, or if sucli structure is to be erected at any such basing
point, the published tariff switching charges (if any) which are to
be added to the base prices of such ?:hapes, plates or bars at such
basing point; provided, however, that the Code Authority shall
from time to time by regulations copies of which shall be filed with
the Secretary and mailed to all members of the Industry modify
the method of com^mting such estimated cost in order to conform to,
any changes wdiich may be made in the methods of selling shapes,
plates and bars by the producers thereof.
(d) All estimates of cost shall include such elements of cost as the
Code Autliority shall from time to time prescribe and the allocation
of overhead and general and selling expenses in respect thereof shall
be on such basis as shall from time to time be prescribed by the
Code Authority.^
Skctiox 2. Whenever any member of the Industry shall, bid, or
agree to a price, for the sale of any product or products and/or for
any erection work in an aggregate amount of 50 tons or more, such
member shall forthwith mail to the Secretary in a sealed envelope a
duplicate copy of its lowest bid or of the agreement containing the
agreed price therefor or, if such bid or agreed price shall not be in
writing, a statement showing such bid or agreed price and all terms
and conditions thereof. Such copy or statement shall also show the
estimated weight of such product or products and the date of such
bid or agreement. Such envelope shall bear on its face a legend
•Subsection (e) iulili-d. Soo paragrapli 2 (8) of ordtT approving tliia Code.
65
showing the location of the structure to which such bid or price re-
lates, the names of the owner or contractor for which the work is to
be done and of the architect or engineer in charge thereof and the
time at which bids for such work are to be opened, if such time shall
be known to such member. The Secretary shall retain each such
envelope confidential and unopened until the contract for such work
shall have been awarded. Promptly after the definite award of
such contract the member of the Industry to which such contract
shall have been awarded shall notify the Secretary thereof and the
Secretary (a) shall open and remove from each such envelope the
copy or statement of a bid or agreed price for such work therein
contained and shall thereafter keep such copy or statement on file in
his oJSice for a period of at least one year; and (b), if a copy or
statement of more than one bid or agreed price for such work shall
have been received by him, he shall promptly mail a summary
thereof to each member of the Industry from which any such copy or
statement shall have been received by him.
Section 3. If any member of the Industry shall file with the Sec-
retary a written complaint claiming that the price at which any other
member of the Industry shall have contracted or offered to sell any
product and/or to do any erection work is in violation of Section 1
of this Article VII, the Code Authority may in its discretion investi-
gate such complaint, if it shall determine that the matters com-
l^lained of therein may result or may have resulted in unfair compe-
tition in the Industry and may tend or may have tended to defeat
the policy of Title I of the National Industrial Recovery Act. In
determining whether to investigate such complaint the Code Au-
thority shall consider (a) whether, on the basis of the reports filed
with the Secretary under the Code, the member of the Industry
against which such complaint shall have been filed has, since the
effective date of the Code, contracted for more than its fair share of
the business of fabricating products used in, and/or doing erection
work in, the United States, as compared with other members of the
Industry; and (b) whether the bid or agreed price of such member
in respect of which such complaint shall have been filed, as compared
with the other low bids for the same work, was such as to warrant
further investigation.
Before beginning any investigation, however, on such complaint
the Code Authority may in its discretion require the member of the
Industry filing such complaint to deposit with the Treasurer security
satisfactory to the Code Authority for the payment of the costs and"
expenses of such investigation. For the purpose of such investiga-
tion the Code Authority shall have power to require the member of
the Industry against which such complaint shall have been filed to
furnish such information concerning the estimated cost to such mem-
ber of such product and/or of such erection work as the Code
Authority shall deem necessary or proper for such ]3urpose. Upon
such investigation the Code Authority shall give such mem1)er an
opportunity to be heard and to present evidence with a view of justi-
fying such price and the Code Authority shall also give to any other
member of the Industry which shall have filed a complaint in respect
of such price or V\'hich shall be interested therein an opportunity to
be heard and to present evidence material to such complaint. If the.
66
Code Authority after such investigation shall determine that such
price was less than the reasonable estimated cost to the member of
the Industry against which such complaint was filed of such product
and/or such erection work and, therefore, that the making of such
price constituted a violation of the provisions of the Code, the Code
Authority shall certify the facts in respect thereof to the Administra-
tor; and (2) if such member of the Industry shall also be a member
of the Code, the Code Authority shall have power to require such
member to pay to the Treasurer as an individual and not as treasurer
of the Institute, in trust, as and for liquidated damages for such
viloation, such sum as the Code Authority shall fix, but in any case
not exceeding twice the difference between such price and such rea-
sonable estimated cost as determined by the Code Authority, together
with the costs and expenses of such investigation. If after such
investigation the Code Authority shall determine that such member
of the Industry was not guilty of a violation of the Code, the costs
and expenses of such investigation shall be paid by the member of the
Industry which shall have made such complaint. The determina-
tion of the Code Authority upon such complaint shall be filed with
the Secretary and he shall give written notice thereof to all members
of the Industry affected thereby. Such notice having been given,
such member or members shall forthwith pay to the Treasurer as an
individual as aforesaid the sum or sums, if any, required to be so
paid by such member or members pursuant to such determination.
Subject as hereinafter in Section 6 of Article XI provided, the
determination of the Code Authority upon any complaint filed
under this Section 3 shall be final and conclusive upon all members
of the Code.
Section 4. Pursuant to the provisions of Section 3 of Article
VI of the Code, the Code Authority may delegate to any committee
which the Code Authority may designate any or all of the powers
and duties of the Code Authority under the foregoing Section 3;
provided, however, that, anything in the Code to the contrary not-
withstanding, if any member of the Industry which shall be
aggrieved by the decision of any such committee shall, within fifteen
days after such decision shall have been filed with the Secretary,
file with the Secretary an appeal from such decision, the Code
Authority shall, as soon as practicable after the filing of such appeal
and in any case within three months thereafter, review such decision
m such manner, and take such action in respect thereof, as the Code
Authority shall deem proper. The determination of the Code
Authority upon any such appeal shall be filed with the Secretary
and he shall give prompt notice thereof to the member or members
of the Industry affected thereby.
Section 5. The standard terms of payment shall be as set forth
in Schedule E annexed hereto; provided, however, that the Code
Authority shall have power from time to time to change such
standard terms of payment by regulations a copy of wliich shall be
filed with the Secretary and mailed to each member of the Industry.
None of the members of the Industry shall allow more liberal terms,
of payment than those at the time in effect under such Schedule E
or such regulations, as the case may be.
67
Section G. For all purposes of the Code a delivery of any product
made and/or any erection work done pursuant to any contract
therefor shall be regarded as a sale made and/or erection work done
at the time of the making of such contract. If any member of the
Industry shall sell any product to any affiliated company of such
member and such affiliated company shall resell such product, the
resale of such product by such affiliated company and any erection
work thereon which shall be done by such affiliated company shall
for all purposes of the Code be deemed to be a sale of such product
made, and/or erection work thereon done, by such member of the
Industry and such member of the Industry shall cause such affiliated
company to conform to the provisions of the Code in making such
resale and/or doing such erection work to the same extent as if such
affiliated company were a member of the Industry. Anything in
the Code to the contrary notwithstanding, none of the provisions
of the foregoing sections of this Article VII shall apply to the sale
of any product by any member of the Industry to any affiliated
company of such member, or to any erection work done by any
member of the Industry on a structure which shall be erected for
the use of an affiliated company of such member.
Section 7. Nothing in the Code contained shall be deemed to apply
to or affect the sale of any product for direct shipment in export
trade by any member of the Industry \yithin the meaning of the
term " export trade " as used in the Export Trade Act, or unless and
to the extent that the Code Authority shall otherAvise determine, the
sale of any product by any such member for direct shipment to the
Philippines or Puerto Rico or other insular possession of the United
States of America, except the Territory of Hawaii, or any erection
work on any such product.
Section 8. If and to the extent requested by the Administrator, all
decisions of, approvals given by, and rules and regulations prescribed
by, the Code Authority pursuant to any provision of this Article VH
shall be reported to him.
Section 9. In subletting to any member of the Construction In-
dustry any incidental erection work (as the term " incidental erection
work" is defined in Section 5 of Article I of the Code) members of
the Industry shall comply with the provisions of Schedule G of the
Code.
Article VIII — Unfair Practices
For all purposes of the Code the acts described in Schedule F
annexed hereto shall constitute unfair practices. Such unfair prac-
tices and all other practices which shall be declared to be unfair
practices by any amendment that shall lawfully be made to the Code
and shall at the time be in effect shall be deemed to be unfair methods
of competition in commerce within the meaning of the Federal Trade
Commission Act as amended, and the using or employing of any of
them shall be deemed to be a violation of the Code, and any member
of the Industry which shall directly, or indirectly through any
officer, employee, agent or representative, knowingly use or employ
any of such unfair practices shall be guilty of a violation of the Code.
If at any time the Code Authority shalfhave reason to believe that
any member of the Industry is using or employing any practice or
68
practices which the Code Authority shall deem contrary to the policy
of Title I of the National Industrial Recovery Act, whether or not
any such practice is described as an unfair practice in such Schedule
F, the Code Authority shall have power to investigate such practice
or practices to the extent permitted by the National Industrial Re-
covery Act and to make such report thereon and such recommenda-
tion in respect thereof to the members of the Industry as the Code
Authority sliall deem necessary or proper in order to effectuate the
policy of such Title I.
Article IX — Reports and Statistics
Section 1. Each nxember of the Industry shall, on or before the
eiohth day of each month, file with the Secretaiy a report or reports,
substantially in such form as shall have been approved by the Code
Authority, containing the information specified in Section 1 of
Schedule D annexed hereto which shall relate to the business of
such member.
Section 2. On or before the 15th day of such month the Secretary
shall cause to be mailed to each member of the Industry a report or
reports containing the information specified in Section 2 of Schedule
D annexed hereto. If the Administrator shall so request, a copy of
each such report shall also be sent to him.
Section 3. Within 30 clays after the effective date of the Code
(or, in the case of any member of the Industry which shall become
such member after the approval of the Code by the President,
within 30 days after it shall have become such member), each mem-
ber of the Industry shall file with the Secretary a report describing
in reasonable detail the cost accounting system employed by such
member. The Code Authority shall, as soon as practicable after
the filing of such report with the Secretary, cause such report to be
examined by an accountant or accountants designated by the Code
Authority and shall recommend to the respective members of the
Industry such changes in their cost accounting sj^stems as the Code
Authority shall deem necessary or advisable to effectuate the pur-
pose of the Code. At the request of any member of the Industry
the Code Authority shall furnish such member with such informa-
tion and/or assistance as the Code Authoritj^ may deem necessary or
proper in order to enable such member to make such report or to
put into effect any recommendations of the Code Authority in
respect to the cost accounting system of such member.
Section 4. As soon as practicable after the effective date of the
Code the Code Authority shall cause to be prepared and filed with
the Secretary a standard form of proposal and a standard form of
contract for the use of the members of the Industry in bidding or
contracting for tlie sale of any product and/or for any erection
work. From and after the date on Avhich such standard forms shall
be approved by the Code Authority and filed Avitli the Secretary
and notice of the filing thereof sliall be given to the members of the
Industry, each member of the Industry shall whenever possible use
such forms in bidding or contracting for the sale of any product
and/or for any erection woi'k. A copy of such standard form of
prop(;sal and a copy of such standard form of contract when pre-
pared shall be sent to the Administrator.
69
Section 5. Any or all information furnished to the Secretary by
any member of the Industry, and any or all information furnished
to the Code Authority by any such member in connection with any
investigation by the Code Authority under any provision of the Code,
shall be subject to checking for the purpose of verification by an
examination of the books and accounts and records of such member
b}^ any accountant or accountants or other person or persons desig-
nated by the Code Authority and approved hj such member and
shall be so checked for such purpose, if the Code Authority shall
require it. The cost of each such examination shall be treated as
an expense of administering the Code, or a part of the costs and
expenses of such investigation, as the case may be; provided, how-
ever, that if upon such examination any such information shall be
shown to have been wilfully misrepresented in any material respect,
such cost shall be paid by the member of the Code which furnished
such information.
Section 6. Within 15 days after the effective date of the Code,
(or, in the case of any member of the Industry which shall become
such member after the approval of the Code by the President, within
30 days after it shall have become such member), each member of
the Industry shall report to the Secretary, on forms to be provided
by him for the purpose, the aggregate amount in tons of the products
fabricated by such member and delivered by it for use in the United
States and the aggregate amount in tons of the products the erection
work on which was done by such member in the United States during
each of the four calendar years 1928 to 1931, inclusive. In making
such report work sublet by such member shall not be reported by it
but shall be reported by any member of the Industry to which such
work was sublet. As soon as practicable after receiving such reports,
the Secretary shall compile and mail to each member of the Industry
a statement showing the respective average annual amounts in tons
of the products fabricated by each member of the Industry and de-
livered by it for use in the United States and of the products the
erection work on which was done by each member of the Industry
in the United States during said four calendar years, which amounts
shall reflect any adjustments made by the Code Authority pursuant
to the provisions of Section 4 of Article III of the Code. A copy
of such statement shall also be sent to the Administrator.
Section 7. The Code Authority may in its discretion dispense
with the requirement of any report or reports specified in Schedule
D annexed hereto, if it shall determine that such report or reports
are unnecessary.
Section 8. Except as otherwise provided in the Code, the Secre-
tary shall keep confidential all individual reports of members of
the Industry made under Section 1 of this Article IX.
Section 9. In addition to the reports hereinbefore in this Article
IX referred to, the Code Authority shall have power from time to
time to require each member of the Industry to furnish to the Sec-
retary for the use of the Code Authority such statistical informa-
tion concerning the production, shipments, sales and unfilled orders
of such member and relating to compliance by such member with
the provisions of Article IV of the Code as the Administrator or
the Code Authority shall deem necessary in order to eifectuate the
purpose of the Code and the policy of Title I of the National Indus-
70
trial Recovery Act. Upon request all such information shall also
be made available to the Administrator. Such information shall
not be published except in such form as will not disclose separately
an}^ information furnished by individual members of the Industry.
Article X — Liquidated Damages
Section 1. Any violation of any provision of the Code by any
member thereof shall constitute a violation of the Code by such
member.
Section 2. Except in cases for which liquidated damages are pro-
vided in the Code and in cases which shall give rise to actions in
tort in favor of one or more members of the Code for damages suf-
fered by it or them, the members of the Code upon the recommenda-
tion of the Code Authority shall have power from time to time, by
vote of members of the Code having the right to cast at least
two-thirds of the votes that might be cast at a meeting of the mem-
bers of the Code, if all the members of the Code were present thereat,
to establish the amount of liquidated damages payable by any mem-
ber of the Code upon the commission by such member of any act
constituting an unfair practice under the Code and a list of the
amounts so established shall from time to time be filed with the
Secretary. Upon the commission by any member of the Code of
any act constituting an unfair practice under the Code and for
which liquidated damages are not provided in the Code or which
does not give rise to an action in tort in favor of one or more mem-
bers of the Code for damages suffered by it or them, such member
shall become liable to pay to the Treasurer as an individual and not
as treasurer of the Institute, in trust, liquidated damages in the
amount at the time so established by members of the Code for such
unfair practice and specified in the list then on file with the
Secretary as aforesaid.
Section 3. All amounts paid to or collected by the Treasurer for
liquidated damages under this Article X or under any provision of
Article IV or of Article VII of the Code shall be held and disposed
of by him as part of the funds collected under the Code and each
member of the Code not guilty of the unfair practice in respect of
which any such amount shall have been paid or collected shall be
credited with its i:)ro rata share of such amount on account of any
and all assessments (other than damages for violation of any provi-
sion of the Code) due or to become due from such member under the
Code, or in the case of any excess, as shall be determined by the Code
Authority, such pro rata share to be computed on the same basis
as the last previous assessment made against such member on account
of the expenses of administering the Code as hereinbefore in Section
7 of Article VI provided. All rights of any person who shall at any
time be the Treasurer in respect of any amounts which shall be pay-
able to him because of the commission by any member of the Code of
any act constituting an unfair practice under the Code, whether pay-
able under the provisions of this Article X or under any other provi-
sion of the Code, shall pass to and become vested in his successor in
office upon the appointment of such successor.
Section 4. Each member of the Code by becomin^^ such member
agrees with every other member thereof that the Code constitutes a
71
valid and binding contract by and among all members of the Code
and that, in addition to all penalties and liabilities imposed by
statute, any violation of any provision of the Code by any member
thereof shall constitute a breach of such contract and shall subject
the member guilty of such violation to liability for liquidated dam-
ages pursuant to the provisions of the Code. Each member of the
Code by becoming such member thereby assigns, transfers and delivers
to the Treasurer as an individual and not as treasurer of the Institute,
in trust, all rights and causes of action whatsoever which shall there-
after accrue to such member under the Code for such liquidated
damages by reason of any violation of the Code by any other member
thereof, and thereby designates and appoints the Treasurer as such
individual the true and lawful attorney-in-fact of such member to
demand, sue for, collect and receipt for any and all amounts which
shall be owing to such member in respect of any such right or cause
of action, and to compromise, settle, satisfy and discharge any such
right or cause of action, all in the name of such member or in the
name of the Treasurer individually, as he shall elect.
Section 5. Anything in the Code to the contrary notwithstanding,
the Code Authority by the affirmative vote of two-thirds of the whole
Code Authority may waive all or any part of any liability for liqui-
dated damages imposed by or pursuant to any provision of the Code
for any violation of any provision thereof, if in its discretion it
shall decide that such violation was innocently made and/or that the
collection of such damages will not to any material extent tend to
effectuate the policy of Title I of the National Industrial Recovery
Act.
Article XI — Genekal Provisions
Section 1. Any notice, demand or request required or permitted
to be given to or made upon any member of the Industry shall be
sufficiently given or made if mailed postage prepaid addressed to
such member at the address of such member on file with the Secre-
tary. A waiver in writing signed by any member of the Industry
of any such notice, demand or request and delivered to the Secretary
shall be deemed to be the equivalent of a notice, demand or request
duly given or made, whether or not such waiver was signed and
delivered before the time when such notice, demand or request was
required or permitted to be given or made.
Section 2. Nothing contained in the Code shall be deemed to con-
stitute the members of the Code partners for any purpose. None of
the members of the Code shall be liable in any manner to anyone for
any act of any other member of the Code or for any act of the Code
Authority, the Treasurer or the Secretary, or any committee, officer
or employee appointed under the Code. None of the members of
the Code Authority or of any committee appointed under the Code,
nor the Treasurer, nor the Secretary, nor any officer or employee
appointed under the Code, shall be liable to anyone for any action
or omission to act under the Code, except for his wilful misfeasance
or nonfeasance. Nothing contained in the Code sliall be deemed to
confer upon anyone other than a member of the Code any right,
claim or demand whatsoever for the enforcement of any contractual
obligation under the Code against any member of the Code or against
72
any member of the Code Authority or of any committee appointed
under the Code or against tlie Treasurer or tlie Secretary or any
officer or employee appointed under the Code.
Seci'ion 3. As soon as members of the Industry which would, if
then members of the Code, have the right to cast at least two-thirds
of all the votes that might be cast at a meeting of the members of
the Code, if all members of the Industry were then members of the
Code and present at such meeting, shall sign and deliver to the
Secretary letters substantially in the form set forth in Schedule A
annexed hereto, the Board of Directors of the Institute shall submit
the Code to the President pursuant to the provisions of Title I of
the National Industrial Eecovery Act and, upon the approval of the
Code by the President pursuant to the provisions of such Title I, it
shall constitute a binding contract by and among the members of the
Code and the provisions thereof shall become effective and shall be
the standards of fair competition for the Industry on and after the
eleventh day after the day on which it shall have been so approved ;
subject, however, to amendment or termination as hereinafter in
Article XII provided and subject also to the provisions of Section 7
of this Article XL
Section 4. To the extent required or made possible by or under
the provisions of Title I of the National Industrial Recovery Act
the provisions of the Code (including, but without limitation or
restriction or any provision of this Section 4, all of the provisions
of Article IV of the Code) shall apply to and be binding upon every
member of the Industr}^, whether or not such member shall be a
member of the Code.
Section 5. Except to the extent that other specifications shall be
prescribed by the purchaser, owner or contractor, each member of
the Industry shall conform to the Code of Standard Practice and
Standard Specifications of the Institute in the fabrication of any
product and/or any erection work thereon by such member.
Section 6. Subject to the provisions of Section 8 of Article VI
of the Code, the Code Authority shall have power from time to time
to interpret and construe the provisions of the Code, including, but
without any limitation upon the foregoing, the power to determine
w^hat are products and what operations are included in the Industry
within the meaning of those terms as they are used in the Code.
Anything in the Code to the contrary notwithstanding, the members
of the Code may, at any meeting of such members by vote of such
members having the right to cast at such meeting at least two-thirds
of all the votes that might be cast at such meeting, if all the mem-
bers of the Code were present thereat, rescind or modify any inter-
pretation, construction, action, decision, rule or regulation made or
taken by tlie Code Autliority. Prompt notice of any action of the
Code Authority or of the members of the Code under the provisions
of this Section C shall be given to the Administrator. The Adminis-
trator may siis])end and/or disapprove any action taken by the mem-
bers of the C(;<le under the jirovisions of this Section 6 in the same
manner and with the same effect as is provided in Section 8 of
Article VI of the Code in the case of action taken by the Code
Authority.
Section 7. Pursuant to subsection (b) of Section 10 of the Na-
tional Industrial Recovery Act, the President may from time to time
73
cancel or modify any order, approval, license, rule or reg;iilation
issued under Title I of said Act.
Section 8. The Secretary shall cause a copy of the Code as ap-
proved by the President to be mailed to each member of the Industry
known to the Institute within five days after the approval of the
Code by the President. Within 45 days after the effective date of the
Code each member of the Code shall make application to the Code
Authority for official copies of the provisions of the Code relating
to hours of labor, rates of pay and other conditions of employment
and, upon being furnished with such official copies, such member
shall post, and thereafter maintain, such copies in conspicuous
I^laces accessible to its employees.
Article XII — Amendments — Termination
Section 1, The Code may be amended at any time in the manner
hereinafter in this Section 1 provided. Subject as provided in Sec-
tion 5 of Article VII hereof, the changing of any schedule hereto
or the addition hereto of any new schedule shall constitute an
amendment of the Code. Amendments may be proposed by the
Code Authority by vote of the majority of the members thereof
at the time in office and entitled to vote or by members of the
Industry having the right to cast at least 50% of all the votes that
might be cast at a meeting of the members of the Industry if all
such members of the Industry entitled to vote were present thereat.
Each amendment so proposed shall be submitted to a meeting of the
members of the Industry which shall be called for such purpose upon
notice given in accordance with the provisions of Section 3 of Article
III and Section 1 of Article XI of the Code. If at such meeting
members of the Industry having the right to cast at least two-thirds
of all the votes that might be cast at such meeting, if all members
of the Industry entitled to vote were present thereat, shall vote in
favor of the adoption of such amendment, such amendment shall be
submitted by the Code Authority to the President for approval, if
approval thereof by him shall then be required by law. Every such
amendment shall take effect as a part of the Code upon the adoption
thereof by the members of the Industry as above provided and the
approval thereof by the President, if approval thereof by him shall
be required as aforesaid, or upon the effective date specified in such
amendment or in such appproval, if an effective date shall be sj^eci-
fied therein.
Section 2. The Code may be terminated at any time either by
action of the President as hereinbefore provided or by the same
vote of members of the Industry as is above provided for the amend-
ment thereof. When so terminated all obligations and all liabilities
under the Code shall cease, except those for unpaid assessments
theretofore made in accordance with the provisions of the Code and
those that shall have accrued under any provision of the Code prior
to the termination thereof.^
Approved Code No. 480.
Registry No. 1135-22.
"Deleted. See paragraph 2 (9) of order approving this Code.
SCHEDULE A
FoBM OF Letter of Assent to the Code
, 19 .
To the Sexiketaet of Amekioan Institute op Steel Construction, Inc.,
200 Madison Avenue, New York, N.Y.
Dear Sir: Tlie undersigned, desiring to become a member of the Code of
Fair Competition of the Structural Steel and Iron Fabricating Industry, a copy
of which is annexed liereto marked Annex A, hereby assents to all of the
provisions of said Code (hereinafter referred to as the Code), and, effective
as of the date on which 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 date on which the Code shall have been approved by said
President as aforesaid, by the signing and delivery of this letter becomes a
member of the Code and effective as aforesaid hereby agrees with every person,
firm, association and corporation who shall then be or thereafter become a
mem))er of the Code that the Code shall constitute a valid and binding contract
between the undersigned and all such other members.
Effective as aforesaid pursuant to Section 4 of Article X of said Code, the
undersigned (a) hereby assigns, transfers and delivers to the Treasurer under
the Code, as an individual and not as treasurer of American Institute of Steel
Construction, Inc., in trust, all rights and causes of action whatsoever hereafter
accruing to the undersigned under the Code for liquidated damages by reason
of any violation thereof by anyone, and (b) hereby designates and appoints
said Treasurer as such individual the true and lawful attorney-in-fact of tlie
undersigned, to demand, sue for, collect and receipt for any and all amounts
which shall be owing to the undersigned in respect of any such right or cause
of action, and to compromise, settle, satisfy and discharge any such right or
cause of action, all in the name of the undersigned or in the name of said
Treasurer, as said Treasurer shall elect.
For all purposes of Section 1 of Article XI of the Code the address of the
undersigned, until it shall file with the Secretary of American Institute of Steel
Construction, Inc., written notice of a change of such address, shall be as set
forth at the foot of this letter.
Very truly yours.
Address: .
(74)
SCHEDULE B
Description op Districts
For the pui^poses of the Code the seven districts hereinafter described are
established :
District No. 1 comprising the States of Maine, New Hampsliire, "Vermont,
Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware
and Maryland and the District of Columbia, and that portion of the State of
Pennsylvania east of a line drawn north and south through said State and
touching the eastern boundary of the City of Altoona.
District No. 2 comprising the States of Ohio and West Virginia and the lower
peninsula of the State of Michigan ; that portion of the State of Pennsylvania
west of a line drawn north and south through said State and touching the
eastern boundary of the City of Altoona ; and those portions of the States of
Indiana and Kentucky east of a line drawn north and south through said States
and touching the eastern boundary of the City of Indianapolis.
District No. 3 comprising the States of Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mississippi and Tennessee, and that por-
tion of the State of Louisiana east of a line drawn north and south through
said State 25 miles west of the western boundary of the City of New Orleans.
District No. 4 comprising the States of Montana, North Dakota, South
Dakota, Minnesota, Wisconsin, Iowa and Illinois and the upper peninsula of the
State of Michigan ; that portion of the State of Missouri east of a line drawn
north and south through said State touching the eastern boundai">' of the City
of Boonville ; and those portions of the States of Indiana and Kentucky west of
the aforesaid line drawn north and south through said States touching the
eastern boundary of the City of Indianapolis.
District No. 5 comprising the States of Wyoming, Utah, Colorado, Nebraska
and Kansas and that portion of the State of Missouri west of the aforesaid line
drawn north and south through said State touching the eastern boundary of
the City of Boonville.
District No. 6 comprising the States of Arkansas, New Mexico, Oklahoma
and Texas and that portion of the State of Louisiana west of the aforesaid line
drawn north and south through said State 25 miles west of the western
boundary of the City of New Orleans.
District No. 7 comprising the States of Washington, Oregon, Idaho, Cali-
fornia, Nevada, and Arizona and the Territory of Hawaii, the Territory of
Alaska and the Canal Zone.
(75)
SCHEDULE
Minimum Rates of Pat
i. minimum rates of pat for common labor in plants
The minimum rates of pay per hour hereinafter in this Subdivision I of tliis
Schedule C specified for the cities of New York, Chicago and Pittsburgh shall
apply to all plants located within a radius of 30 miles from the respective City
Halls of such cities and the minimum rates of pay per hour hereinafter in this
Subdivision I of this Schedule C specified for any other city shall apply to all
plants located within a radius of 20 miles from the City Hall of such city.
District No. 1 Minimum rate
of pay per Hour
Locality for common labor
New York, N.Y 40-!^
Buffalo, N.Y., Rochester, N.Y., Syracuse, N.Y., Albany, N.Y.,
Utica, N.Y., and all localities in the New England States — 380
All other localities in District No. 1 35^
District No. 2
Pittsburgh, Pa., Youngstown, O., Cleveland, O., Akron, O.,
Detroit, Mich., and Wheeling, W.Va 400
Toledo, O., Canton, O., Dayton, O., Massillon, O., Flint, Mich.,
and Lansing, Mich 37^
All other localities in District No. 2 350
District No. 3
All localities in District No. 3 300
District No. Jf
Chicago, 111 400
Milwaukee, Wis., Minneapolis, Minn., St. Paul, Minn., and
St. Louis, Mo 370
All other localities in District No. 4 350
District No. 5
Kansas City, Mo., and Denver, Colo 370
All other localities in District No. 5 350
District No. 6
All localities in the State of Texas 300
All other localities in District No. 6 330
District No. 7
Seattle, Wa.sh 380
San Francisco, Cal 370
Territory of Hawaii 300
All other localities in District No. 7 350
II. MINIMUM RATES OF PAT FOR COMMON LABOR IN ERECTION WORK
The minimum rates of pay per liour hereinafter in this Subdivision II of this
Schedule C specified for any city shall apply to all erection work within the
city limits of such city; provided, however, that the provisions of this Sub-
division II shall not be construed as establishing minimum rates of pay for other
than common labor.
(76)
77
District No. 1 Minimum rates of
pay per liour for
Locality common labor
New York, N.Y 75«i
Newark, N.J., Jersey City, N.J., Washington, D.C., and all
localities on Long Island, N.Y., (outside of the City of New
York) and in Westchester County, N.Y m^
Boston, Mass., Springfield, Mass., Worcester. Mass., Hartford,
Conn., New Haven, Conn., Albany, N.Y., Buffalo, N.Y.,
Rochester, N.Y.. Syracuse, N.Y., Utica, N.Y., Philadelphia,
Pa., and Baltimore, Md 55?i
All other localities in District No. 1 50^
District No. 2
Cleveland, O., Pittsburgh, Pa., and Wheeling, W.Va 60<^
Detroit, Mich., Cincinnati, O., and Columbus, O 55^
Charleston, W.Va 45^
All localities in the State of West Virginia outside of Charles-
ton and Wheeling 40^
All other localities in District No. 2 504
District No. 3
All localities in District No. 3 40^
District No. 4
Chicago, 111., and St. Louis, Mo . 600
All localities in the States of Wisconsin and Illinois outside
of Chicago, and all localities in those parts of the States of
Indiana and Kentucky included in District No. 4 50<j;
All other localities in District No. 4 45^
District No. 5
Kansas City, Mo., and Denver, Colo 55<^
All other localities in District No. 5 45^
District No. 6
All localities in District No. 6 40(iJ
District No. 7
Oakland, Cal., and San Francisco, Cal 60^
Seattle, Wash., Los Angeles, Cal., and Portland, Ore 55^
All other localities in District No. 7 *45^
1 Subdivision I deleted and substitution inserted. See paragraph 2 (10) of order
approving this Code.
SCHEDULE D
Concerning Reports and Statistics
Section 1. The monthly reports required to be filed with the Secretary by
members of the Industry shall include the following information :
(a) An ludivitlual Contract Report showing separately each contract for the
sale of any product or products and/or the erection work thereon in an amount
exceeding 25 tons in the aggregate taken during the preceding calendar month,
with a brief description and the location of the job. the owner's name, the
architect's or enghieer's name, the weight, the selling price, all itemized as per
the bid, including materials and work outside the Industry, and also the speci-
fied delivery dates. The weights shall be totaled for such calendar month and
to date for the current calendar year. This report shall be divided according to
the districts (as described in Schedule B to the Code) in which the jobs are
located, and sub-totals shall be given of the tonnage sold in each of the districts
for siich calendar month and to date for the current calendar year. When the
weight of a job sold is uncertain an approximate weight shall be given and
noted as approximate, and a supplemental report shall be filed giving tha
correct weight as soon as the information shall be available. Contracts for
25 tons or less shall be lumped under each of the districts as " Miscellaneous
Contracts ", giving the total weights only ; but the Code Authority may in its
discretion, require a report on any such contract detailed as above set forth.
(b) An Individual Production Report showing the tonnage fabricated for
delivery into each of the districts during the preceding calendar month and
to date for the current calendar year.
(c) An Individual Shipment Report showing the tonnage shipped into each
of the districts during the preceding calendar month and to date for the current
calendar year.
(d) An Individual Shop Schedule showing the tonnage scheduled for fabri-
cation in each of the succeeding calendar months for delivery into each of the
districts.
(e) An Individual Erection Report showing the tonnage products the erection
work on which was dr,ne in each of the districts during the preceding calendar
month and to date for the current calendar year.
(f) An Individual Proposal Report showing separately for each bid for the
delivery of, and/or erection work on, more than 25 tons of any product or
products made during the preceding calendar month, the name and location of
the job, the owner's name, the architect's or engineer's name and the estimated
weight Oi such product or products.
(g) A Labor Report in such form and containing such information in respect
of number of employees, hours of labor and rates of pay as shall be required
by t'lic Code Authority to effectuate the purpose of the Code.
Section 2. The monthly reports to be maileii to members of the Industry by
tbe Secretary shall include the following:
(a) A Consolidated Report showing the total tonnage sold for each of the
districts during the preceding calendar month and for the current calendar
j'oar to dale with totals for the United States.
(1)) A Consolidated Production Report sliowing the total tonnage fabricated
for (Iclivery into each of tbe districts during the preceding calendar month
and for the current calendar year to date.
(c) A Consolidated Shipment Report showing the total tonnage shipped
into each of the districts during the preceding calendar month and for the
current calendar year to date.
(d) A Consolidated Sliop Schedul{> showing the total tonnage scheduled f or j
f:il)rication in each of the succeeding calendiir montlis for delivery into each;
of the districts. '
(78)
79
(e) A Consolidated Erection Report showing the total tonnage of products
the erection work on which shall have been done in each district during the
preceding calendar month and for the current calendar year to date.
(f) A Report showing tlie total tonnage sold during the preceding calendar
month and for the current calendar year to date by each member of the Indus-
try and showing in such form as the Code Authority shall approve the amounts
thereof sold for future delivery.
(g) Each of the reports hereinbefore in paragraphs (a) to (e) inclusive of
this Section 2 provided for shall also show by current and cumulative per-
cencentages how each of the districts compares with the United States as a
whole.
SCHEDULE B
Stand^vej> Teems of Payment
The following shall be the standard terms of payment for products and/or
erection work :
1. All payments shall be made in funds current at par in the city or town in
which the member of the Industry selling the product and/or doing the
erection work is located.
2. In the case of any contract for the sale of any product or products the
erection work on which isi to be done by the member of the Industry selling
such products, the purchaser shall on the 10th day of each month pay an
amount at least equal to 90% of the contract value of all products shipped,
stored or ready for shipment and 90% of the contract value of the erection
work performed, during the preceding calendar month, and shall pay the
remainder thereof within 10 days after the completion of the work under such
contract ; provided, however, that the aggregate amount retained by the pur-
chaser shall not at any time exceed twice the contract value of the product
or products then remaining to be delivered and/or the erection work then
remaining to be done under such contract.
3. When the erection work on any product sold is not to be done by the
member of the Industry selling such product payment of the contract value of
each shipment of such product shall be made on the 10th day of the month
following the month in which such shipment was made.
4. Unless otherwise agreed with the purchaser, whenever any product is sold
delivered to the purchaser or freight charges thereon are allowed to the pur-
chaser thereof, such purchaser shall pay such freight charges and the member
of the Industry selling such product shall accept receipted freight bills there-
for as cash to be applied on any payments falling due at or after the delivery
of the product or products covered by such freight bills.
5. All payments for any product or products and/or erection work shall be
deemed to be due and shall be paid at the times specified in the contract there-
for regardless of the time of final settlement for any other work and, in the
case of any contract with a general contractor, payment for any product or
products and/or for the erection work thereon shall not be delayed by such
general contractor pending his receipt of payments or estimates of payments
from the owner of the structure for which any such product was used or on
which any such erection work was done.
6. All overdue payments shall bear interest at the maximum applicable legal
rate.
7. Nothing in this Schedule E contained shall be deemed to apply to any
gale or contract of sale of any product to, or to any contract for erection
work with, tlie Government of the United States of America or the Government
of any state, territory, municipality or other governmental authority in the
United States in any case in which siuch Goveniment shall pursuant to law
impose terms of payment other than those prescribed in this Schedule E ;
jjfovidcd, however, that in any such case none of the members of the Industry
shall allow to any such Government terms of payment more favorable than
those which shall be prescribed by such Government pursuant to law.
(80)
SCHEDULE F
List of Unfair Pbacttices
For all purposes of the Code the following described acta shall constitute
unfair practices :
A. Making or promising to any purchaser or prospective purchaser of any
product or to the owner of any structure or any contractor or prospective
contractor for work on such structure, or to any officer, employee, agent or
representative of any such purchaser, prospective purchaser, owner, contractor
or prospective contractor, any bribe, gratuity, gift or other payment or remu-
neration, directly or indirectly; provided, however, that this provision shall not
be construed to prohibit the free and general distribution of articles commonly
used for advertising, except in so far as such articles are actually usetl for
commercial bribery.
B. Procuring, otherwise than with the consent of any member of the Industry,
any information concerning the business of such member which is properly
regarded by it as a trade secret or confidential within its organization, other
than information relating to a violation of any provision of the Code.
C. Imitating or sinmlating any mark or brand owned or used (with the
consent of the owner thereof) by any other member of the Industry without
consent of such member.
D. Using or substituting any second hand material or any material inferior
in quantity, quality or workmanship to that specified in the contract for the
product or work for which such material is used, without tlie consent of the
other party or parties to such contract, or using or substituting any material
or any method of fabrication or erection not in accord with any applicable law,
rule or regulation of any governmental authority or, except as may be otherwise
required by any such law, rule or regulation, with the Standard Specifications
and Code of Standard Practice of the Institute as at the time in effect.
E. Paying or allc'^\'ing to any purchaser, owner or contractor in connection
with the sale of any product and/or with any erection work any rebate, com-
mission, credit, discount, adjustment or similar concession other than as shall
be permitted under the Code and specified in the contract for such sale and/or
erection work.
F. Disseminating, publishing or circulating any false or misleading informa-
tion relative to any product or work or the price for any product or work
of any member of the Industry, or the credit standing of any member thereof
or the ability of any member thereof to perform any work, or to the conditions
of employment among the employees of any member thereof.
G. Inducing or attempting to induce by any means any party to a contract
with a member of the Industry to violate such contract.
H. Aiding or alietting any person in any unfair practice.
I. Making any sale or contract for the sale of any product or for any work
under an.r description which does not fully describe such product or work in
terms customarily used in the Industry or using or substituting any material
superior in quality to that specified by the purchaser of any product for the
purpose of selling such product at a price less than that at which it is custo-
marily sold under a proper description.
J. Allowing to any purchaser of any product or to any owner or contractor
to whom such product is furnished or for whom any erection work has been or
is to be done any back charge or credit upon the price of such product or such
erection work, except a fair and reasonable back charge or credit for an actual
failure to fabricate such product and/or do such erection work in accordance
with the provisions of the contract therefor, when the effect thereof is to
allow to such purchaser, owner or contractor a secret rebate ou the price of
such product or erection work.
(81)
82
K. Selling any product or doing any erection work in combination with any
other product or material or work, unless such other product or material or
work shall be included in the aggregate price at the fair value of such other
product or material or work.
L. Making to any purchaser or prospective purchaser or to any owner or
contractor any promise to meet any and all bids which may thereafter be
made to such purchaser or prospective purchaser, owner or contractor for any
work.
M. Knowingly bidding for any work or mentioning to the purchaser, owner
or contractor any price for such work after the contract for such work shall
have been let to another member of the Industry.
N. Designing any structure otherwise than in accordance with the require-
ments of the standard specifications of the Institute at the time in effect, except
in cases not covered by such specifications or in which other requirements shall
be specified by the purchaser, owner or contractor f'^r whom such structure shall
be designed.
O. Reporting to any insurer under a workmen's compensation or public lia-
bility insurance contract any payroll showing other than the actual amounts
paid to employees on the work covered by such insurance for the period or
periods stated in such payroll for the purpose or with the effect of reducing
any premium for such insurance below the premium therefor which would be
payable if the correct amounts paid to such employees for such period or
periods were reported to such insurer.
P. Inducing or attempting to induce any prospective purchaser to purchase
any product by assisting such prospective purchaser to procure anyone to do the
erection work thereon otherwise tlian in compliance with the provisions of the
Code relating to hours of labor and rates of pay or by guaranteeing that the
cost of such erection work when so done will not exceed a certain amount.
Q. Any violation of any other provision of the Code, whether or not therein
expressed to be an unfair practice.^
^Sections R, S, and T added. See paragraph 2 (11) of order approving tbis Code.
SCHEDULE G
Concerning Competitivb Bidding Pkactices
The following are the provisions referred to in Section 9 of Article VII of the
Code and are applicable as provided in said Section :
Section 1. Competitive Bidding Defined. — (a) The term "competitive bid-
ding" as used herein shall mean the submission at or before a definite pre-
determined time of comparable proposals by two or more invited persons to
an awarding 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 furnishing quotations
on standard protlucts.
(b) The term "awarding authority" as used herein shall mean any member
of the industry who may upon comiietitive bidding award contracts.
Section 2. Bid Peddling and Bid Shopping. — (a) The practices commonly
known a:^ " 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
by regulation restricting or controlling bidders.
(b) Bid shopping in effect means the effort on the part of the awarding
authnril^y to induce a bidder prior to the making of the award to lower his
original bid price without a commensurate decrease in the requirements of
the job. The correction of the abuses resulting from such practice is obtain-
able by regulation restricting or controlling the awarding authority.
Section 3. Limitation on Bids ami Alternates. — (a) Since it is recognized
tliat 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 awarding authority shall not invite an unnecessary number of bids.
(b) Only a limited number of alternate proposals shall be required in con-
nection with any bid, and no alternate proposal of a bidder shall be considered
by the awarding authority, unless the privilege of alternate proposals is ex-
tended to all bitlders.
Section 4. Unifonnity of Information. — The awarding authority shall make
avaihiblc uniformly to all bidders, plans and/or specifications or other requisite
information which shall be sufficiently complete to enable each bidder to pre-
pare a definite bid in accordar.ce with the regulations herein provided for.
He shall prescribe terms of competition which shall insure parity of standing
to all bidders.
SivTioN 5. Qvalifleation of Bidders. — The awarding authority shall not invite
bids from a bidder unless such bidder shall have demonstrated to the satisfac-
tion of the awarding authority that he is couiijetent technically and financially
to perform the work, and the ability of a bidder to obtain a performance bond
shall not be regarded as the sole test of such bidder's competency.
Section G. Aivard at Original Price. — An award if made shall be made at the
bidder's original bid price. It is recognized that competition based solely 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 competitor's original bid price.
Section 7. Receipt of Bids. — The awarding authority shall designate a
specific hour and place for receiving comi>etitive bids. All bids to be sub-
mitted by subcontractors sliall he 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 uninvited bidders
shall be returned unopened. All bids shall be required to be signed by a duly
(83)
84
authorized representative of the bidder and enclosed in a sealed envelope on the
outside of which shall appear its identification as a bid for the particular job.
Section 8. No Influencing of Bidders. — The awarding authority sliall not at
any time prior to the specified time for the receipt of bids convey to any bidder
information relating to the price or terms of any other bids in order to influ-
ence the price or terms of such bidder.
Section 9. Collusion Prohibited. — There shall be no collusion between the
awarding authority and any bidder, nor between the diiferent bidders in the
preparation of any bid. The awarding authority shall not use any bid which
Is so unduly low as to indicate an error or mistake in estimating without first
giving the bidder the opportunity of demonstrating by cost sheets or other
methods the correctness of the bid that he has submitted.
Section 10. Time Limit on Aicards. — The awarding authority shall make an
award or reject all bids for the principal contract with the owner within twenty
(20) days after the stipulated time for the receiving of bids except where an
extension ef 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 succeeding awarding authoiity 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 authority,
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 substantially the same work previous to
the elapse of ninety (90) days from the date of such rejection, excei>t there be
a substantial change in the plans and/or specifications, or except there be
evidence of collusion, or except there be such a marked difference between 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 comj^etition.
Section 11. Naming of Siihcontractors. — Before making an award the award-
ing authority may require any bidder to name the subcontractors whom such
bidder intends to employ for the various divisions of the work bid upon.
Section 12. Rebates, Refunds and Discounts. — 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.
o
Approved Code No. 481
CODE OF FAIR COMPETITION
FOR THE
WOOD PRESERVING INDUSTRY
As Approved on July 13, 1934
ORDER
Approving Code of Fair Competition for the Wood Preserving
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I oi the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Com^Detition for the Wood Preserving 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,
Adjninish'ator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator,
Washington, D.C,
July 13, 193^.
73629° 829-62 34 (85)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Wood Preserving Industry, as revised after a public hearing con-
ducted iji Washington, D.O., on April 6, 1934, in accordance with the
provisions of Title I of the National Industrial Recovery Act.
PROVISIONS AS TO HOURS AND WAGES
Employees are not permitted normally to work in excess of eight
hours per day or forty hours per week. When peaks of production
or climatic conditions make necessary longer working periods, forty-
eight hours per week is permitted for not to exceed twelve weeks of
the year. Employees are not permitted to work more than six days
out of any seven.
Hourly limitations do not apply to executives, supervisors, chem-
ists or technical engineers who regularly receive thirty-five dollars
or more per week, nor to outside buyers and outside salesmen; nor
to employees engaged in emergency work involving breakdowns or
the protection of life or property, provided one and one-half times
the normal rate is paid for hours worked in excess of forty-four per
week or ten per day. Employers shall not permit accounting, cleri-
cal or office employees to work in excess of forty hours per week.
Watchmen are not permitted to work in excess of fifty-six hours per
week.
Minimum hourly rates of pay are established in four regional
divisions: (a) forty cents on the Pacific coast, (b) twenty-eight
cents in an intermediate zone between northern and southern regions,
(c) twenty-five cents in the southern region and (d) thirty-five
cents in the balance and geographically larger part of the country.
Female employees performing substantially the same work as male
employees shall receive the same rate of pay as male employees.
■ Accounting, clerical, office, service, delivery and sales emploj^ees,
outside buyers and Avatchmen shall receive a minimum of either
fifteen, fourteen and one-half or fourteen dollars a week depending
upon the population of the place of their employment but in no
event less than twelve dollars a week. Junior office employees are
limited to five percent of the number of office employees, and shall
receive not less than the minimum of twelve dollars a week.
A minimum rate of pay is established, regardless of whether an
employee is compensatecl on a time rate, piece work or other basis.
Compensation of employees receiving more than the minimum shall
be equitably adjusted and reported to the Code Authority but in no
event shall rates of pay be reduced. No person under sixteen years
of age shall be employed in the Industry nor any person under
eighteen years of age in hazardous operations.
(86)
87
ECONOMIC EFFECTS OF THE CODE
This Industry is of considerable significance in the conservation of
our forest resources. Through its operations, woods of short natu-
ral Ufe are so treated as to have comparable value in various con-
struction uses, with wood of greater value and even with reinforced
concrete.
Prior to the National Industrial Recovery Act, the standard work-
week in the Industry was sixty hours. The actual average of hours
worked per week was fifty hours, resulting from various causes.
Under the Code this has been reduced to a standard of forty hours,
with flexibility obtained by permitting a maximum of forty-eight
hours when peaks of demand, weather or other conditions peculiar
to the Industry, require these hours.
Employment in 1929 totaled 10,000 workers. This declined in
June, 1933, to about 5,500. Under the President's Reemployment
Agreement somewhat over 1,000 have been reemployed.
The Code wage rates represent wage increases in the three sec-
tions of the country, of from four to sixty-eight percent over un-
skilled labor rates prevailing in June, 1933. It is estimated that
over thirty-five percent of the i^lant employees will benefit.
As a result of setting up a borderline territory between the dis-
tinctly northern and southern sections of the country, some improve-
ment in the competitive situation may be expected, in addition to
benefits to labor in this section,
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Cede, 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 perti-
nent provision of said Title of saicl 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
truly representative of the aforesaid Industry.
88
(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, the Code has been approved.
Respectfully,
Hugh S. Johnson,
A dminis trator.
July 13, 1934.
CODE OF FAIR COMPETITION FOR THE WOOD
PRESERVING 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 Wood Preserving Industry, and shall be
the standard of fair competition for this Industry, and shall bo
binding upon every member thereof.
Article II — Definitioxs
Section 1. The term " Wood Preserving Industry " or " industry "
as used herein is defined to mean the business of preservatively treat-
ing wood by pressure processes on a commercial basis, involving
sale of services and/or materials whether as a final process or as a
part of a larger or further process.
Section 2. The term " pressure processes " as used herein is de-
fined to mean those processes in which pressure is employed to force
preservative into wood enclosed in a sealed vessel.
Section 3. The term " member of the Industry " as used herein
includes any individual, partnership, association, corporation or
other entity engaged in the Industry as above defined, either as an
employer or on his or its own behalf.
Section 4. The term " employee " as used herein includes any and
all persons engaged in the Industry in any capacity, receiving com-
pensation for his services, irrespective of the nature or method of
payment of such compensation, except a member of the Industry.
Section 5. The term " employer " as used herein includes anyone
in the Industry by whom any such employee is compensated or
employed.
Section 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 Adminis-
trator for Industrial Recovery.
Section 7. The terms " population " and " trade areas " as used
herein shall be determined by reference to the latest Federal Census.
Article III — Hours
Section 1. No employee shall be permitted to work in excess of
eight (8) houre per day and/or forty (40) hours per week, except
as provided in later sections of this article, or as climatic conditions
or peaks of production make necessary longer working periods, when
additional hours may be worked in any week but not to exceed
a total of ninety-six (96) additional hours in any calendar year and
(89)
90
not to exceed forty-eight (48) hours in any week. If, in such
periods, any employee works in excess of forty-four (44) hours
per week and/or ten (10) hours per day, he shall be compensated for
such excess hours at one and one-half times his normal hourly rate.
Section 2. The limitations on hours of work contained herein
shall not apply to executives, supervisors, chemists, technical engi-
neers regularly receiving thirty-five (35) dollars or more per week
nor to outside salesmen and outside buyers ; provided, however, that
supervisors engaged in manual labor or mechanical operations are
not included in this exception.
Section 3. Employees engaged in emergency work involving
breakdowns or the protection of life or property may be permitted
to work in excess of the maximum hours, provided that all hours
worked in excess of forty-four (44) in any week and/or ten (10)
in any day are paid for by overtime of at least one and one half
times the normal hourly rate.
Section 4. Watchmen shall not be permitted to work in excess of
fifty-six (56) hours in any week, no overtime being required.
Section 6. Accounting, clerical and office employees shall not be
permitted to work in excess of forty (40) hours in any week, or
nine (9) hours in any day. A normal day shall not exceed eight
(8) hours.
Section 6. No employee shall be permitted to w^ork more than
six (6) days in any seven (7) day period.
Section 7. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for
another emj^loyer or employers, exceeds the maximum permitted
herein.
Section 8. Employers shall so administer work in their charge as
to provide a maximum practicable continuity of employment for
their employees.
Article IV — Wages
Section 1. No employee, except as herein provided, shall be paid
less than :
(a) Forty (40) cents per hour in the Pacific Coast Region, which
shall consist of the States of California, Oregon, except Wasco
County, and Washington, except Spokane County.
(b) Twenty-eight (28) cents per hour in that part of West Vir-
ginia south and west of the Kanawha and New Rivers ; the State of
Kentucky; the southern tier of Indiana Counties which border the
Ohio River; the Illinois Counties of White, Hamilton, Jefferson,
Washington, Randolph and the other counties south of the above
mentioned, in the State of Illinois, and in the State of Virginia,
except Nansemond and Norfolk Counties.
(c) Twenty-five (25) cents per hour in the States of Texas, Okla-
homa, Arkansas, Louisiana, Mississippi, Tennessee, Florida, Ala-
bama, Georgia, South Carolina, North Carolina and in the Virginia
Counties of Nansemond and Norfolk.
(d) Thirty-five (35) cents per hour in all other states and parts
thereof.
Section 2. Minimum rates of pay established shall apply irre-
spective of whether an employee is comi)ensated on a time rate,
piece work, or other basis.
91
Section 3. Equitable adjustment of compensation of employees
receiving more than the minimum rates of pay herein prescribed
shall be made by all employers who have not heretofore made such
adjustments under the National Industrial Recovery Act, and all
employers shall within sixty (60) days after approval of this Code,
report in full to the Code Authority and the Administrator for ap-
proval concerning such adjustments provided, however, that in no
event shall present rates of pay be reduced. Such report shall indi-
cate wages before and after adjustment and the dates of adjustment.
Section 4. Accounting, clerical, office, service, delivery and sales
employees, outside buyers, and watchmen, except office boys and
girls, shall be paid not less than fifteen (15) dollars per week in any
city of over 500,000 population, or in the immediate trade area of such
city; nor less than fourteen and one-half (14i/^) dollars per week
in any city between 250,000 and 600,000 population, or in the imme-
diate trade area of such city; nor less than fourteen (14) dollars
per week in any city or place of between 2,500 and 250,000 popula-
tion, or in the immediate trade area thereof; nor less than twelve
(12) dollars in places of less than 2,500 population.
Office boys and girls shall be paid at least eighty (80) per cent
of the above minimum weekly rates but in no event less than twelve
(12) dollars per week; provided that the number of such employees
does not exceed five (5) per cent of the total employees in any one
office. Each office may have at least one such employee.
Section 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 em-
ployer obtains from the state authority designated by the United
States Department of Labor, a certificate authorizing his employ-
ment at such wage as shall be stated in the certificate, but such
employees shall not exceed five per cent of any employer's total
number of employees. Each employer shall file with the Code Au-
thority a list of all such persons employed by him.
Section 6. Employers shall make payment of all wages due in
lawful currency or by negotiable check at regular pay periods, which
shall occur at least twice each month. These payments shall be
exempt from any deductions for pensions, insurance or sick bene-
fits other than those voluntarily made by employees or required by
law. The employer or his agent shall accept no rebates directly or
indirectly on any wages.
Section 7. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry, nor anyone under eighteen (18) years of
age at occupations hazardous in nature or detrimental to health.
The Code Authority shall submit to the Administrator for approval
within three (3) months after the effective date of this Code a list
of all such occupations. In any State, an employer shall be deemed
to have complied with this provision if he shall have on file a cer-
tificate or permit duly issued by the authority in such State empow-
92
ered to issue employment or age certificates or permits, showing that
the employee is of the required age.
Section 2. It is hereby 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 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-
jDroved or prescribed by the President.
Section 3. No provision in this Code shall supersede any State
or Federal law which imposes 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, or insurance,
or fire protection, than are imposed by this Code.
Section 4. All employers shall post and keep posted official copies
of the labor provisions of this Code in conspicuous places accessible
to all employees. Every member of the Industry shall comply with
all rules and regulations relative to the posting of provisions of
Codes of Fair Competition which may from time to time be
prescribed by the Administrator.
Section 5. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
Section 6. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be submitted by the
Code Authority to the Administrator for approval within three (3)
months after the effective date of the Code.
Section 7. No employee shall be discharged by reason of making
a complaint or giving evidence with respect to an alleged violation
of this Code.
Section 8. No employee now employed at a rate above the mini-
mum shall be discharged and reemployed or replaced at a lower rate
for the purpose of evading the provisions of this Code.
Section 9. The Code Authority shall make a study of the effects
upon the Industry and upon the employees engaged therein, of the
wage and hour provisions of the Code, having in view the practi-
cability of (1) reducing the maximum hours permitted, (2) increas-
ing tlie hourly wage rates, (3) whether Nansemond and Norfolk
Counties, Virginia, shall be included in Paragraph (b) of Section 1,
Article IV^ and (4) whether Spokane County, Washington, and
Wasco County, Oregon, shall be excepted from Paragraph (a). Sec-
tion 1, Article IV. A report on this study together with conclusions
and i-ecommendations of the Code Authority shall be submitted to
the Administrator for consideration within three (3) months after
the effective date of the Code.
93
Ajrticle VT — ^Administration
Section 1. To further effectuate the policies of the Act, a Code
Authority is hereby constituted to cooperate with the Administra-
tor in the administration of this Code. This Code Authority shall
consist of members who shall be elected in the following manner
and hold office for one year:
(a) One (1) member to be elected by each company of the Indus-
try having 150,000 cubic feet of treating cylinder capacity or more.
(b) Four (4) members to be elected by the remaining companies
of the Industry on a cubic capacity basis, — one (1) vote for each
cubic foot of treating cylinder capacity.
(c) Two (2) members to be elected by all of the companies of the
Industry on the basis of one (1) vote for each company of the
Industry.
Section 2. With respect to election and representation on the Code
Authority each company, together with its owned and/or controlled
subsidiaries or affiliates, shall be treated as one entity. Only one
representative of such company or entity shall be eligible to mem-
bership on the Code Authority at one time. Each such company or
entity shall have only one (1) vote when voting as a company as
provided in Section 1 of this Article. Companies or entities as
used herein are to be considered in relation to the definition of and
be synonymous with the term " member of the Industry " in Article
II of this Code.
Section 3. Treating cylinder capacity for each company or entity
as defined in the preceding Section 2 shall be figured within the
thirty (30) days immediately preceding an election. This capacity
shall be calculated by the following mathematical formula : 3.1416
times inside radius squared times inside length of cylinder.
Section 4. A quorum of the Code Authority shall consist of six
(6) of the eight (8) members thereof, which latter number of
members represents the Industry as it is now constituted.
Section 5. At any meeting of the Code Authority if a quorum of
six (6) is present, they may act and vote on any matter properly
before them, provided the vote is unanimous.
Section 6. If objection to any matter or action is raised by a
member of the Code Authority, then the entire Code Authority must
be polled and the affirmative vote of seven (7) out of the total
membership of eight (8) will be necessary to pass any motion.
Section 7. In the event of a vacancy in the Code Authority, the
remaining members, subject to Sections 5 and 6 on voting, shall fill
such vacancy from the group in which the vacancy occurs before
any further business is transacted.
Section 8. A temporary Code Authority is hereby set up and shall
consist of the individuals who were named in a resolution at a meet-
ing in Chicago on August 21, 1933, to represent the Industry in the
negotiations with the National Recovery Administration and to
negotiate for the Industry this Code; said resolution was amended
by a unanimous vote in a resolution adopted at Washington, D.C.,
by the Committee acting for the Industry on April 23, 1934. This
temporary Code Authority shall serve for a period of ninety (90)
94
days after the effective date of this Code, and until its successors
are elected in the manner above provided.
Section 9. In addition to membership on both the temporary and
permanent Code Authorities as herein provided, there may be three
(3) members, without vote and without cost to the Industry, to be
known as Administration members, to be appointed by the Adminis-
trator to serve for such terms as he may specify.
Section 10. The temporary Code Authority shall act as an agency
for holding the election of the permanent Code Authority. It shall
cause notice to be sent to all members of the Industry who are regis-
tered with it or whose names and addresses can be ascertained by
reasonable inquiry, by registered mail ten (10) days preceding the
date of the election. Votes shall be cast in the manner above pre-
scribed and votes may be cast either in person, by proxy, or by letter
ballot.
Section 11. Nominations may be made through a nominating
committee appointed by the Code Authority, but members of the
Industry shall have the right to make nominations from the floor, or
vote for any individuals of their choice, by specifying their names in
the written proxies or in the letter ballots. Nominations when made
shall be made in accord with Section 1, paragraphs (a), (b) and
(c) of this Article.
Section 12. Any industrial association or group directly or indi-
rectly participating in the selection or activities of the Code Author-
ity 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 deem necessary to
effectuate the purposes of the Act.
Section 13. 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.
Section 14. Nothing 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 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 act
or omission to act under this Code, except for his own wilful mis-
feasance or nonfeasance.
Section 15. Any interested party shall have the right of com-
plaint to the Code Authority or proper agency and a ]:)rompt hear-
ing and decision thereon. Any interested party shall have the right
to appeal to the Administrator, under such rules and regulations as
the Administrator shall prescribe, with respect to any decision, rule,
regulation, order, or finding made by the Code Authority.
95
Section 16. If the Administrator shall determine that any action
of the Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of such action and further consideration by such
Code Authority or agency pending final action, which shall not be
effective unless the Administrator approves or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
Section 17. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code :
(a) 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.
(b)To adopt bylaws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information to be submitted to the Code Authority, all
or any of the persons subject to this Code, shall furnish such statis-
tical information as the Administrator may deem necessary for the
purposes recited in Section 3 (a) of said Act to such Government
agencies as the Administrator may designate; nor shall anything in
this Code relieve any person of any existing obligation to furnish
reports to Government agencies.
(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
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 or affect members of the Industry.
Section 18. It being found necessary to support the administra-
tion of this Code, and to maintain the standards of fair competition
established by this Code and to effectuate the policy of the Act, the
Code Authority is authorized, subject to the approval of the Admin-
istrator, to incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code; and to submit
to the Administrator for his approval, subject to such notice and op-
portunity to be heard as he may deem necessary, (1) an iteinized
budget of its estimated expenses for the foregoing purposes, and, (2)
an equitable basis on which the funds necessary to support such
budget shall be contributed by members of the Industry. After
such budget and basis of contribution have been approved by the
Administrator, the Code Authority shall determine the amount of
such contributions and secure the same as above set forth, and to that
end, if necessary, may institute legal proceedings therefor in its
own name. The Code Authority shall neither incur nor pay any
96
obligation in excess of the amount thereof as estimated in its ap-
proved budget, except upon approval of the Administrator; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Section 19. Only members of the Industry complying with the
Code and contributing to the expenses of its administration, as pro-
vided in Section 18 hereof, shall be entitled to participate in the
selection of the members of the Code Authority or to receive the
benefit of its voluntary activities or to make use of any emblem or
insignia of the National Recovery Administration.
Sectton" 20. Each member of the Industry shall pay his or its
equitable contribution to the expenses of maintaining the Code
Authority pro rated according to treating cylinder capacity.
Section 21. The Code Authority is authorized to recommend to
the Administrator any action or measures deemed advisable, includ-
ing further fair trade practice provisions to govern members of the
Industry in their relations with each other or with other trades or
industries; measures for industrial planning, and stabilization of
employment; and including modifications of this Code which shall
become effective as part hereof upon approval by the Administrator
after such notice and hearing as he may specify.
Section 22. The Code Authority is authorized to appoint a Trade
Practice Committee which shall meet with the Trade Practice Com-
mittees appointed under such other codes as may be related to the
Industry for the purpose of formulating fair trade practices to
govern the relationships between production and distribution em-
ployers under this Code and under such other Codes to the end that
such fair trade practices may be proposed to the Administrator as
amendments to this Code and such other Codes.
Article VII — Costs and Prices
Section 1. The Code Authority shall cause to be formulated
methods of cost finding and accounting capable of use by all members
of the Industry, and shall submit such methods to the Administrator
for review. If approved by the Administrator, full information
concerning such methods shall be made available to all members of
the Industry. Thereafter, each member of the Industry shall utilize
such methods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the Code Authority, any agent
thereof, or any member of the Industry to suggest uniform additions,
percentages or differentials or other uniform items of costs which
are designed to bring about arbitrary uniformity of costs or prices.
Article VIII — Trade Practice Rules
It shall constitute an act of unfair competition for a member of
the Industry to :
(a) 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
97
service or privilege not extended to all customers of the same class,
for the purpose of influencing a sale.
(b) Disseminate any false or misleading information relative to
any product or price for any product, within the Industry, of any
member of the Industry, or the credit standing or ability of any
member thereof to perform any work or manufacture or produce
any such product, or to the conditions of employment among the
employees of any member thereof.
(c) Give, permit to be given, or 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 busi-
ness of the employer of such employee, the principal of such agent
or the representee! party, without the knowledge of such employer,
principal or party. This 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.
Article IX — Monopolies
Section 1. No provision of this Code shall be interpreted or ap-
plied in such manner as to promote or permit monopolies or monopo-
listic practices; permit or encourage unfair competition; eliminate
or oppress small enterprises or discriminate against them.
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 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 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.
Section 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 of the President.
Article XI — General
Section 1. Violation by any member of this Industry of any of
the provisions of this Code or any approved amendment hereof is an
unfair method of competition.
Article XII — Effective Date
Section 1. This Code shall become effective on the third Monday
after its appix)val by the President.
Approved Code No. 481.
Registry 326-02.
o
Approved Code No. 482
CODE OF FAIR COMPETITION
FOR THE
DENTAL GOODS AND EQUIPMENT INDUSTRY
AND TRADE
As Approved on July 13, 1934
ORDER
Approving Code of Fair Competition for the Dental Goods and
Equipment Industry and Trade
An application having been duly made pursuant to and in full
compliance ^Yith 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 Goods and Equipment Industry
and 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
within ninety days I may direct that there be a further hearing on
such of the provisions of said Code as I may designate, and that any
order which I may make after such hearing shall have the effect of
a condition on the approval of said Code; provided, further, that
the following changes be, and the same hereby are, made :
(1) That Section 1 of Article III be, and the same hereby is
amended, to read as follows:
" No employee, except as herein otherwise provided, in any store,
office, department, establishment, or any automotive or horsedrawn
passenger, delivery, or freight service, or in any other place or man-
ner shall be permitted to work for more than forty (40) hours in
any one week, except that for six (6) weeks in any calendar year,
any such employee may be permitted to work not more than forty-
eight (48) hours per week. No mechanical worker or artisan shall
(99)
100
be permitted to work in excess of an average of forty (40) hours per
week averaged over any three (3) months period, nor more than eight
(8) hours in any twenty-four (24) hour period, nor more than forty-
eight (48) hours in any one (1) week, except, however, that all such
mechanical workers or artisans shall be paid not less than time and
one-third for all hours worked in excess of forty (40) hours in any
one (1) week or eight (8) hours in any one day."
(2) That Section 3 of Article IV be, and the same hereby is
amended, to read as follows :
" No messenger shall be paid at a rate less than ten dollars ($10.00)
per week and no employer shall at any one time have more than
seven (7) such employees in number or five per cent (5%) of the
total number of his employees, whichever is the higher, provided
that no employee not working exclusively as a messenger shall be
classified as such."
(3) That Section 9 (d) of Article VI be, and the same hereby
is amended, to read as follows :
" It shall create as an independent agency of the Code Authority
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 deal with all mat-
t-ers in the Code relating to hours, wages, and general labor pro-
visions. The designated employees' representatives shall be truly
representative of the employees of the trade and chosen by such em-
ployees. The membership of this Board shall be approved by the
Administrator."
(4) That Section 10 (c) of Article VI be, and the same hereby
is amended, to read as follows :
"After such budget and basis of contribution have been approved
by the Administrator, to determine and secure equitable contribu-
tion as above set forth by all such members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name. Non-payment of such equitable contributions shall be
in violation of this Code."
(5) That Section 11 of Article VI be, and the same hereby is
amended, to read as follows :
" Only members of the Industry complying with the Code and con-
tributing to the e?:penses of its administration as provided in Sec-
tion 10 hereof shall be entitled to participate in the selection of the
members of the Code Authority or to receive the benefit of its vol-
untary activities or, unless duly exempted from making such contri-
bution, to make use of any emblem or insignia of the National
Recovery Administration."
(6) That Sex^tion 7 (a) of Article VII be, and the same hereby is
amended, to read as follows :
" No member of the Industry or Trade shall consign equipment
except that upon bona fide order or contract approved by the Code
Authority equipment may be consigned to dental colleges for demon-
stration purposes."
(7) That Section 13 of Article VII be, and the same hereby is
amended, to read as follows :
" Rebates. No member of the Industry or Trade shall pay or
allow rebates, refunds, commissions, credits or unearned discounts
101
other than of a legitimate nature as given in published price lists
and/or discount sheets, whether in the form of money or otherwise,
or extend to certain purchasers any special services or privileges not
extended to all purchasers on like terms and conditions. Provided,
that nothing contained herein shall be construed to alter in any way
the provisions of Section 11 of this Article."
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Admiinstrator.
AVashington, D.C,
July 13, 1934.
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Dental Goods and Equipment Industry and Trade, the hearing
having been conducted m Washington on October 30, 1933, in
accordance with the provisions of Title I of the National Industrial
Recovery Act.
INDUSTRY BACKGROUND
The Dental Goods and Equipment Industry and Trade is organ-
ized into three associations, all of which were the sponsoring and
assenting groups. The majority of the Industry and Trade is well
organized into an association which has been in existence for 54
years. This organization, the American Dental Trade Association,
has always upheld fair practices and adopted policies, some of which
are being made the law by this Code.
HOURS AND WAGES
The Code provides a standard work week of 40 hours averaged
over any three months period but prohibits working more than 48
hours in any one week. Exception is made for the mechanical
workers or artisans who are to be paid not less than time and
one-third for all hours worked in excess of 40 hours per week or
8 hours per day. Exceptions to the standard 40 hour week are
made where a restriction of hours of highly skilled workers on
continuous processes would unavoidably reduce production, and on
factory emergency, maintenance, installation and repair work, pro-
vided all hours worked in excess of the standard week or standard
day be paid for at the rate of time and one-third. The minimum
wage rate for other than factory employees shall not be less than
fifteen dollars ($15.00) per week in any city over 500,000 popula-
tion or less than fourteen dollars and fifty cents ($14.50) per week
in any city whose population is between 250,000 and 500,000 or less
than twelve dollars ($12.00) per week in any city of less than
250,000 population.
ECONOMIC EFFECT OF THE CODE
The Dental Equipment Industry and Trade employed, in 1929, ap-
proximately 9,470 persons including office employees. Approximately
8,474 were wage-earners. The decline in wage-earner employment in
the Dental Trade was not as severe as in the Dental Equipment In-
dustry from 1929 to 1931. The former was only 3.5 percent and the
latter 15 percent. It is quite probable that a 40 hour week, as estab-
lished by this code, will increase employment about 855 wage-earners
(102)
103
in the Industry and Trade. The minimum wage rate of 35 cents
per hour will result in a slight increase of the average weekly wage.
The business volume of the Dental Equipment Industry combined
with that of the Dental Trade was about $83,950,000 for 1929.
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
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 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
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 and Trade 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 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 (c) of Section 10 thereof; and that the applicant asso-
ciations are industrial and trade associations truly representative of
the aforesaid Industry and Trade ; 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 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.
From evidence adduced during this hearing and from recommen-
dations and reports of the various Advisory Boards it is believed
that this Code as now proposed and revised represents an effective,
practical, equitable solution for this Industry and Trade and for
these reasons this Code has been approved.
Respectfully,
Hugh S. Johnson,
A dTninistrator.
July 13, 1934.
CODE OF FAIR COMPETITION FOR THE DENTAL GOODS
AND EQUIPMENT INDUSTRY AND TRADE
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 Dental Goods and Equipment Industry and Trade, and
its provisions shall be the standards of fair competition for such
industry and trade and shall be binding upon every member thereof.
Article II — Definitions
1. The term " Dental Goods and Equipment Industry and Trade",
as used herein shall be deemed to include all manufacturers and
dealers making and/or selling dental equipment, materials or sup-
plies, at wholesale, except such articles governed by another ap-
proved code or codes.
2. The term " Industry ", as used herein, shall be deemed to mean
the manufacture of dental equipment, materials or supplies. The
term " Trade ", as used herein, shall be deemed to mean the selling
and/or distribution of dental equipment, material or supplies, at
wholesale.
3. The term " member of the industry/trade," as used herein,
includes, but without limitation, any individual partnership, asso-
ciation, corporation or other form of enterprise engaged in the
industry /trade, either as an employer or on his or its own behalf.
4. The term " employee ", as used herein, includes any and all
persons engaged in the industry or trade however compensated, ex-
cept a member of the industry.
6. The term " employer ", as used herein, includes anyone by
whom any one such employee is compensated or employed.
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.
7. Population for purposes of this code shall be determined by
reference to the latest federal Census.
Article III — Hours
1. No employee, except as herein otherwise provided, in any store,
office, department, establishment, or any automotive or horsedrawn
passenger, delivery, or freight service, or in any other place or man-
ner shall be permitted to work for more than forty (40) hours per
week, averaged over any three (3) months period, nor more than
forty -eight (48) hours in any one week. No mechanical worker or
artisan shall be permitted to work jn excess of an average of forty
(104)
105
(40) hours per week averaged over any three (3) months period, nor
more than eight (8) hours in any twenty-four (24) hour period,
nor more than forty-eight (48) hours in any one (1) week, except,
however, that all such workers or artisans shall be paid not less than
time and one-third for all hours worked in excess of forty (40) hours
in any one (1) week or eight (8) hours in any one day.^
2. The maximum hours fixed in the foregoing Section 1 shall not
apply: (a) To employees in a managerial or executive capacity who
receive more than thirty-five dollars ($35) per week, nor to com-
mercial travelling salesmen, nor to employees engaged principally
as outside representatives on maintenance, installation, or repair
work, (b) In very special cases where restriction of hours of highly
skilled workers on continuous processes would unavoidably reduce
production, and on factory emergency, maintenance, installation and
repair work, provided, however, that at least time and one-third
shall be paid such employees for hours worked in excess of forty
(40) hours per week or in excess of eight (8) hours per day.
3. No watchman shall be permitted to w^ork in excess of fifty-six
(56) hours in any one week, nor more than six (6) days in any one
week.
4. No employee shall 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, except as herein otherwise provided, shall be paid
less than at the rate of fifteen dollars ($15.00) per week in any city
over 500,000 population Or in the immediate trade area of such
city, or at the rate of fourteen dollars and fifty cents ($14.50) per
week in any city whose population is between 250,000 and 500,000
or in the immediate trade area of such city, or at the rate of twelve
dollars ($12.00) per week in any city of less than 250,000 population.
. 2. No factory worker or artisan, except those under eighteen (18)
years of age or with less than six (6) months experience or employ-
ment in this Industry or Trade, shall be paid less than thirty-five
cents (35^) per hour. No factory worker or artisan under eighteen
(18) years of age or with less than six (6) months experience or
employment in this Industry or Trade, shall be paid less than eighty
per cent (80%) of the minimum established herein, and no employer
shall at any time engage more such persons receiving less than the
minimum wage established herein than one (1) in number or five
per cent (5%) of the total number of his employees, whichever is
the higher.
3. No messenger shall be paid at a rate less than ten dollars
($10.00) per week and no employer shall at any one time have more
than seven (7) such employees in number or five per cent (5%) of
the total number of his employees, whichever is the higher.-
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 performance or other basis.
1 Amonclefl. gee para^'mph 2 (1) of order approving this Code.
2 Amended. See paragraph 2 (2) of order approving thiis Code.
73790° 829-65 34 2
106
5. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
6. It is the policy of members of this Industry and Trade to re-
frain from reducing the compensation for employment which com-
pensation was, prior to June 16, 1933, in excess of the minimum wage
herein set forth, notwithstanding that the hours of work in such
employment may be reduced ; and unless since such date such ad-
justments have been made all members of this Industry and Trade
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.
' ' '
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the Industry and Trade, 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 approval of this Code, a list of such
operations or occupations. In anv 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 em-
powered to issue employment or age certificates or permits showing
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 mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join anj^ 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 maximimi 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 or engage in any subterfuge for the purpose of defeat-
ing the purposes or provisions of the Act or of this Code.
4. No provision of this Code shall supersede any state or federal
law which imposes on employers more stringent requirements as to
age of emplo3^ees, wages, hours of work, or as to safety, health,
sanitary or general woi'king conditions, than are imposed by this
Code.
5. No homewoi'k shall be allowed and no work shall be done or
permitted in tenements, private houses, or in any unsanitary build-
ings, unsafe on account of fire risks.
6. All employers shall post and keep posted complete copies of
the wage and hour and general labor ])rovisions of this Code in
consj>icuous places accessible to employees.
7. Each employer shall provide for the safety and health of
employees during the hours and at the places of their employment.
107
Standards for safety and health shall be submitted by the Code
Autihority to the Administrator within six (6) months after the
effective date of the code.
Article VI — Organization, Powers and Duties of the Code
Authority
i
1. A Code Authority is hereby established to cooperate with the
Adpiinistrator in the administration of this Code and shall consist
of eight (8) members, or such other number as may be approved
from time to time by the Administrator, to be chosen by the fol-
lowing trade groups through a fair method of selection approved
by the Administrator:
Four members by the American Dental Trade Association
Two members by the Dental Manufacturers of America
One member by the Dental Dealers of America
One member by those members of the Industry or Trade who are
not members of any of the above associations
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.
2. Suh-Code Avfhorltiefi. — Groujis of members of the Industry or
Trade manufacturing and/or selling a particular product or products
having common interests and problems, may be grouped into product
or trade subdivisions by the Code Authority for administrative
purposes. For each such joroduct subdivision there may be a Sub-
Code Authority approved or appointed b}^ the Code Authority to
cooperate with the Code Authority in the administration and enforce-
ment of the Code and/or to cooperate in the administration and
enforcement of a supplementary Code or Codes applying to such
product subdivision or part thereof.
3. Each trade or industrial association directly or indirectly partic-
ipating in the selection or activities of the Code Authority shall
impose no inequitable restrictions on membership, and shall 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 effectuate the purposes
of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Industry and Trade and in all other respects
comply with the provision of the Act, the Administrator may pres-
cribe 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 take
such action as he may deem necessary under the circumstances.
5. Any member of the Industry or Trade shall be eligible for
membership in any trade association or organized group partici-
pating in the activities of the Code Authority upon compliance with
the i^rovisions 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 imposed upon and paid by all other
108
members, accept a reasonable and equitable share of the bost of Code
administration. '
6. Each member of the Industry and Trade shall, within fifteen
(15) days after the approval of the Code Authority, file with the
Code Authority a complete list of all products offered for 'sale,
together with his prices, discounts and terms to all classes of cus-
tomers. Modifications or amendments in such price lists and/or
discounts may be filed by any such member at any time to become
effective immediately upon filing with the Code Authority. The
Code Authority shall make such information available to all members
of the Industry and trade or to any other interested party.
7. 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 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 mis-feasance or non-feasance.
8. If the Administrator shall determine that any action of a Code
Authority or any agency thereof may be unfair or unjust or contrary
to public interest, the Administrator may require that such action be
suspended 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 not be effective unless the
Administrator approves, or unless he shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in its original or modified form.
9. The Code Authority shall have the following duties and powers :
(a) To administer the provisions of this Code, provide for the
compliance of the Industry and Trade with the provisions of the Act,
and to propose and submit to the Administrator its recommendations,
amendments and/or modifications of this Code, which shall become
effective as a part thereof upon approval by the Administrator after
such notice and hearing as he may specify.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To review all questions or disputes arising under this Code;
receive complaints of violations of this Code, make investigation
thereof, provide hearings thereon, adjust such complaints, and refer
unadjusted violations to the Administrator with a report and recom-
mendations for appropriate action.
(d) It shall create as an agency of the Code Authority a Joint
Industrial Isolations Board consisting of an equal number of repre-
sentatives of eni{)loyers and employees, and an impartial chairman
elected by the Members of the Board, to deal with all matters in the
Code relating to Hours, Wages, and general labor provisions. The
designated employees representatives shall be truly representative
of the employees of the trade and chosen by such employees.^
(e) To obtain from membei's of tlu> ln<histry and Trade such
information and reports as are required for the administration of the
•Amended. See paragraph 2 (S) of ordor approving this Code.
109
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 in this Code shall relieve any member of the Industry
or Trade of any existing obligations to furnish reports to any
government agency. No individual reports shall be disclosed to
any member of this Industry or Trade or any other party except
to such governmental agencies as may be directed by the
Administrator.
(f ) 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
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(g) To make recommendations to the Administrator for the
coordination of the administration of this Code with such other
codes, if any, as may be related to the Industry and Trade.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry and Trade in
their relations with each other or with other industries and trades
and to recommend to the Administrator measures for industrial
planning, including stablization of employment.
10. It being found necessary, in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established by this Code and to effectuate the policy of the
Act, the Code Authority is authorized, subject to the approval of
the Administrator:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which ma,j be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated exjjenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the Industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.^
11. Only members of the Industry complying with the Code and
contributing to the expenses of its administration as provided in
Section 10 hereof shall be entitled to participate in the selection of
the members of the Code Authority or to receive the benefit of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.®
'Amended. See paragraph 2 (4) of order approving tMs Code.
^Amended. See paragraph 2 (5) of order approving this Code.
110
Article VII — Unfair Competition
The following practices constitute unfair methods of competition
for the Industry and Trade and are prohibited :
Section 1. Cost. — No member of this Industry or Trade shall sell
any products of the Industry or Trade below his individual cost as
determined by an adequate method of cost finding containing the
principal elements of cost and capable of uniform application within
the Industry and Trade, when such method shall be formulated by
the Code Authority and approved by the Administrator; provided,
however, that any member of the Industry or Trade may sell below
his individual cost to meet bona fide competition in any specific
instance if he first notifies the Code Authority of his intention to
sell below his cost, and states the name and address of the competi-
tor; and provided further that equipment which has been on dis-
play for six (6) months or longer and is in such condition that it
cannot be sold as new equipment, may be sold at a discount not
greater than ten per cent (10%) of the current list price, f.o.b. loca-
tion, and in such cases a description and the serial numbers of such
equipment shall be filed with the Code Authority. All stocks of dis-
continued models of dental equipment shall be excepted from the
application of the cost provision of this section if there shall be filed
with the Code Authority a list of such equipment stating the quan-
tity, original list price, serial numbers and the list price at which
such equipment will be offered for sale. Reports shall thereafter be
fiied with the Code Authority every ninety (90) days showing the
sales, if any, of such equipment during the preceding ninety (90)
day period.
Section 2. Discounts. — No member of the Trade shall give any
discounts for cash on sales of less than one hundred dollars ($100.00),
nor in excess of two per cent (2%) for cash on sales of one hundred
dollars ($100.00) or more, where delivery is made at one time or on
deposit accounts of one hundred dollars ($100.00) or more.
Section 3. Dating. — (a) No member of the Industry or Trade
shall date more than five (5) days beyond or before date of delivery
any invoice in connection with the sale of any equipment, materials
or supplies.
(b) In order to prevent direct or indirect evasion of subsection (a)
of this Section 3, no member of the Industry or Trade shall ship
equipment which has been sold on conditional sales contract until
the full initial payment has been made.
Section 4. Returned Goods. — No member of the Industry or Trade
shall accept goods returned for credit except in accordance with the
established rules of the manufacturer shown in his price list on file
with the Code Authority, provided, however, that nothing contained
in this section shall bo construed to deprive any buyer of any
right which may exist by law to return merchandise which is defec-
tive or which in some other respect fails to conform to the agreement
of sale.
Section 5. >S pedal Allowances. — No member of the Industry or
Trade shall give special allowances or special disccuiits as between
purchasers to induce any purchaser to give preference to a given
seller, or products, or by purchase or substitution of stock for that
Ill
of a competitor; or allow above scrap market prices for precious
metals, or give special allowances on merchandise sold or supplied
in exchange therefor.
Section 6. Equipment Allowance. — No member of the Industry
or Trade shall give larger allowances on used equipment in con-
nection with the sale of new equipment than the reasonable market
value of such used equipment. The Code Authority with the ap-
proval of the Administrator shall from time to time adopt uniform
appraisal schedules for used equipment based upon the reasonable
market value of such used equipment and such schedules when so
approved shall constitute prima facie evidence of reasonable market
value. In any case where allowances are made in excess of such
appraisal schedules the member allowing same shall immediately
furnish the Code Authority with full and complete details regard-
ing such allowance and give reasons therefor, and if the Code Au-
thority shall find that any such allowance is in excess of the
reasonable market value, it may refer the same to the Administrator
for appropriate action.
Section 7. Consignment or THctl. —
(a) No member of the Industry or Trade shall consign equipment
except that upon bona fide order or contract approved by the Code
Authority or the Administrator, equipment may be consigned to
dental colleges for demonstration purposes.®
(b) No member of the Industry or Trade shall place equipment on
trial.
(c) No member of the Industry or Trade shall consign stocks of
precious metals for use in dentistry.
(d) No member of the Industry or Trade shall consign any dental
materials or supplies to any dentist, laboratory or college.
Section 8. Guarantees. — No member of the Industry or Trade
shall guarantee any product against inherent defects in workman-
ship or materials for any period longer than one year.
Section 9. False Marking and Branding. — No member of the
Industry or Trade shall falsely mark or brand any product of the
Industry in a manner which is intended to or does have the tendency
to mislead or deceive customers or prospective customers whether
as to grade, quality, quantity, substance, character, nature, origin,
size, finish or preparation of any products of the Industry.
Section 10. Misrepresentation or False or Misleading Advei^tis-
ing. — No member of the Industry or Trade shall make or cause or
knowingly permit to be made or published any false, materially in-
accurate, or deceptive statement by way of advertisement or other-
wise, whether concerning the grade, quality, quantity, substance,
character, nature, origin, size, finish or preparation of any products
of the Industry or the credit terms, values, policies or services of any
member of the Industry or Trade or otherwise having the tendency
or capacity to mislead or deceive customers or prospective customers.
Section 11. Commercial Bribery. — No member of the Industry or
Trade shall give, permit to be given, or directly offer to give, any-
thing of value for the purpose of influencing or rewarding the action
of any employee, agent or representative of another in relation to the
'Amended. See paragraph 2 (6) of order approving this Code.
112
business of the employer of such employee, the principal of such
agent, or the represented party, without the knowledge of such em-
ployer, 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.
Section 12. Interference with C ontractual Relations. — No member
of the Industry or Trade shall maliciously induce or attempt to in-
duce the breach of an existing oral or written contract between a
competitor and his customer or source of supply or interfere with or
obstruct the performance of any such contractual duties or services.
Section 13. Rehates. — No member of the Industry or Trade shall
pay or allow rebates, refunds, commissions, credits or imearned dis-
counts, whether in the form of money or otherwise, or extend to
certain purchasers any special services or privileges not extended to
all purchasers on like terms and conditions. Provided, that nothing
contained herein shall be construed to alter in any way the provisions
of Section 11 of this Article. '^
Section 14. Giving of Prizes, Premiums or Gifts. — No member of
the Industry or Trade shall give or offer to give any prizes, pre-
miums or gifts in connection with the sale of products of this Indus-
try or as an inducement thereto, or by any scheme which involves
lottery, misrepresentation or fraud ; provided, however, that nothing
contained herein shall be construed to alter in any way the provisions
of Section 11 of this Article.
Section 15. Definition. — No member of the Industry or Trade
shall cause the defamation of competitors by falsely imputing to
them dishonorable conduct, inability to perform contracts, question-
able credit standing or by other false representations or false dis-
paragement of the grade or quality of their goods.
Section 16. Threats of Litigation. — No member of the Industry
or Trade shall 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.
Section 17. Espionage of Competitors. — No member of the In-
dustry or Trade shall secure confidential information concerning
the business of competitors by a false or misleading statement or
representation or by false impereonation of one in authority or by
bribery or by any other unfair method.
Section 18. Advertising. — No member of the Industry or Trade
shall use or attempt to use coercion or undue influence to prevent
any publisher of dental periodicals from accepting advertisements
from any other member of the Industry or Trade.
Section 19. Equipment Sales Contracts. — (a) No member of the
Industry or Trade shall sell any equipment of the industry
without requiring to be paid in advance an initial cash payment
of not less than twenty-five per cent (25%) of the amount of
the contract i)rice or in the case of the sale of new X-ray machines
and tubes, an initial cash payment of not less than one hun-
^ Amended. See paragraph 2 (7) of order approving this Code.
113
dred dollars ($100.00) ; provided that if second hand equipment is
accepted as part of the initial payment, a cash payment of not less
than fifteen per cent (15%) of the contract price must also be ob-
tained so that together with the allowance made on the second hand
equipment, such total shall equal or exceed twenty-five per cent
(25%) of the contract price. The minimum cash payment on new
X-ray machines shall be one Hundred dollars ($100.00) regardless
of whether or not second hand equipment is accepted. The mini-
mum cash payment on used X-ray machines with used X-ray tubes
shall be not less than ten per cent (10%) of the cost thereof.
(b) No member of the Industry or Trade shall sell any equip-
ment of the Industry as set forth in Subsection (a) of this Section
on a deferred payment contract without adding to such contract
a charge at the rate of six per cent (6%) per year on the full
amount of the unpaid balance to cover interest, insurance, and
financing charges and to be added to the contract and distributed
equally over the deferred payments for the period of the contract,
provided, however, that nothing contained herein shall be so applied
as to violate any applicable state or federal law relating to proper
interest or other legal charges for such contract.
(c) No member of the Industry or Trade shall sell any equip-
ment of the Industry on an installment contract basis to run for a
period longer than thirty-six (36) months, nor shall any member
accept monthly payments under such contracts with any one buyer
of less than ten dollars ($10.00), except with the approval of the
Code Authority.
(d) No member of the Industry or Trade shall include in equip-
ment contracts any sundry merchandise having a sale price of more
than ten per cent (10%) of the amount of such equipment contract,
nor in any event more than one hundred seventy-five dollars
($175.00).
(e) No member of the Industry or Trade shall enter into any
supplemental installment contracts with a customer who is already
under contract with the same member unless such supplemental con-
tract shall provide for an initial cash payment oi not less than
twenty -five per cent (25%) of the amount of the contract price and
for a charge at the rate of six per cent (6%) per year on the full
amount of the unpaid balance to cover interest, insurance and
financing charges, and to be added to the contract and distributed
equally over the deferred payments for the period of the contract,
provided, however, that nothing contained herein shall be so ap-
plied as to violate any applicable state or federal law relating to
proper interest or other legal charges for such contracts. The min-
imum monthly payment on any such supplemental contract shall be
five dollars ($5.00).
(f) All members of the Industry and Trade shall make an in-
terest charge of at least six per cent (6%) on deferred payments
if not paid at maturity, provided, however, that nothing contained
herein shall be so applied as to violate any applicable state or
federal law relating to proper interest or other legal charges for
such contracts.
114
Section 20. No member of the Industry or Trade shall sell any
product of the Industry at prices less or discounts greater or on
terms more favorable than those currently filed by such member
with the Code Authority.
Section 21. No member of the Trade selling a volume of products
of the Industry on a deferred payment basis, shall extend terms
longer than ten (10) months nor in any case accept monthly pay-
ments of less than ten dollars ($10.00) except with the approval of
the Code Authority.
Section 22. Nothing in this Code shall limit the effect of any
adjudication by the courts or holding by the Federal Trade Com-
mission on complaint, finding and order that any practice or method
is unfair, provided that such adjudication or holding is not incon-
sistent with any provision of the Act or 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 Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under said Act.
Section 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 to the Administrator and such notice and hearing as he
shall specify, and to become affective on approval of the President,
unless otherwise provided.
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 discrim-
inate against small enterprises.
Article X — Effective Date
This Code shall become effective on the first Monday after its
approval by the President.
Approved Code No. 482.
Registry No. 1G17-11.
O
Approved Code No. 483
CODE OF FAIR COMPETITION
FOR THE
ELECTRIC HOIST AND MONORAIL MANUFACTUR-
ING INDUSTRY
As Approved on July 13, 1934
ORDER
Approving Code or Fair Competition for the Electric Hoist and
Monorail, 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 Electric Hoist and Monorail Manufac-
turing 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. 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 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 continued participation of the IVIonorail Manufac-
turers Association in the Code Authority after thirty (30) days from
the effective date of this Code shall be contingent upon its amending
its Constitution and By-Laws to the satisfaction of the Administrator.
Hugh S. Johnson,
Achninistrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 13, 193 Jt.
73630° 829-63 34 (115)
EEPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: This is a report on the Code of Fair Competition for the
Electric Hoist and Monorail Manufacturing Industry. Public Hear-
ing having been conducted thereon in Washington, D.C., April 2,
1934, in accordance with the provisions of Title I of the National
Industrial Recovery Act.
GENERAL STATEMENT
The Electric Hoist and Monorail Manufacturing Industry is a
capital goods industry engaged in the manufacture for sale of elec-
tric hoists designed for use in connection with any service built into
double rail trolleys, and appurtenances thereof; the manufacture
for sale of industrial overhead materials handling equipment with
the exception of such equipment designed for use in the agricultural
and dairy industries and excepting " flat rail track " of the type used
chiefly in the meat packing industry. Materials handling equipment
in the industry consists of overhead monorail track with its accom-
pan3'ing switches, carriers, transfer bridges, cranes and other acces-
sories necessary for a complete installation; and/or parts thereof.
ECONOMIC EFFECT
This Industry suffered noticeably from the Depression.
Em[)loyment in 1929 was 988 persons which number showed a
loss of 62,1 per cent by June, 1933. Office employment showed a
decline of 57 per cent in the same period. Estimated factory payrolls
decreased from $1,050,000 in 1929 to $270,000 in 1933, or a decline of
76.7 per cent.
Capital investment amounted to $4,208,000 in 1929 and $2,962,000
in 1933, a decrease of 30 per cent.
Value of production (based on sales) was $6,351,000 in 1929 and
in 1933 it was estimated at $1,006,000, a decline of 84.2 per cent. The
Hoist and Monoi-ail Divisions of this Industry.
A comparison of representative payroll weeks in June, 1929 and
Juno, 1933 showed a decline in 1933 in total man hours for factory
workers of 81.8 per cent; average hours per man per week were
50.6 in June, 1929, and 29.7 hours in June, 1933, a decrease of 41.3
per cent. The average rate per hour for factory workers was 63
cents in June, 1929 and 54.5 cents in June 1933, a decrease of 13.5 per
cent; average weekly earnings declined from $31.89 in June," 1929
to $16.20 in June. 1933, or 49.6 per cent.
The President's Reemployment Agreement effected increases in
employment and payrolls. It is concluded that the maximum hours
(116)
117
provision will not increase employment and that th« minimum rates
proposed will not effect any increase in factory payrolls.
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 tlie 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 jDractices, 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 employes 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 representative of the aforesaid
Industry; and that said Associations impose no inequitable restric-
tions on admission to membership therein.
(d) Tlie 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.
E-espectfully,
Hugh S. Johnson,
Administrator.
July 13, 1934.
CODE OF FAIR COMPETITION FOR THE ELECTRIC
HOIST AND MONORAIL MANUFACTURING 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 Code of
Fair Competition for the Electric Hoist and Monorail Manufactur-
ing Industry, and shall be the standards of fair competition for this
Industry, and shall be binding upon each member thereof.
Article II — Definitions
The term " Electric Hoist and Monorail Manufacturing Industry "
or " the Industry " as used herein, is defined to mean the manufacture
and sale of Electric Hoists with plain, geared or motor driven trol-
leys ; lug or hook suspension Electric Hoists ; Cage Controlled Mono-
rail Electric Hoists, and Electric Hoist units for any service, such
as built into double rail trolleys, and/or appurtenances thereoi, pro-
vided the same unit is used as with single I-beam or other monorail
trolleys; and the manufacture and sale of overhead materials han-
dling equipment as used in industry, with the exception of the Agri-
cultural and Dairy Industries, and with the further exception of that
type of overhead track commonly known as " flat-rail track ", and
mainly used in the meat packing industry. Materials handling
equipment in the Industry consists of overhead Monorail Track with
its accompanying switches, carriers, transfer bridges, cranes and
other accessories necessary for the complete installation of an over-
head materials handling system; and/or parts specially designed
therefor. The term shall also mean such related branches or subdi-
visions as may, from time to time, be included under the provisions
of this code.
" Person " means a natural person, a partnership, a corporation, an
association, a trust, a trustee, a trustee in bankruptcy and/or a
receiver, or other form of enterprise.
" Member of the Industry " as used herein includes, but without
lliiiitatiun, 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.
" Employer " means any person actively engaged in the Industry
either on his own behalf or as an emploj^er of labor.
" Employee " means any person engaged in the Industry, however
compensated, except an employer.
"Apprentice" means an employee without previous experience
under any employer who is regularly engaged in learning a trade
under a course of training designed to advance him systematically
in the various operations of such trade to become a competently
skilled mechanic. "^
(118)
119
" The Act " means Title I of the National Industrial Recovery Act.
" The President " means the President of the United States.
" Publish " means to make available to all interested parties.
"Administrator " means the Administrator for Industrial Re-
covery,
"Applicant" is Electric Hoist Manufacturers Association and
Monorail Manufacturers Association.
Article III — Houks
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 or six (6) days in any
seven (7) day period, except as otherwise expressly provided in this
Article III.
Section 2. Exceptions as to Uours. — (a) The provisions of this
Article III shall not apply to executives^ those employed in a super-
visory or administrative capacity or their immediate assistants, and
salaried technical men and field service engineers, being paid at the
rate of Thirty-Five Dollars ($35.00) or more per week, and traveling
salesmen.
(b) Watchmen. — Watchmen shall be permitted to work not in
excess of fifty-six (56) hours in any one week.
(c) Power Plant Engineers and Firemen. — Power plant engineers
and firemen shall be permitted to work not in excess of forty-five
(45) hours or six (6) days in any seven (7) day period.
Sections. Overtime Provisions. — (a) Emergency Overtime. — The
maximum hours fixed in Section 1 hereof shall not apply to any
employee on emergency maintenance or emergency repair work in-
volving break-downs or protection of life or property, or to any
specially skilled employee in emergencies occasioned by the neces-
sity for the services of such employee which cannot be cared for
by the employment of additional men. AVhen specially skilled em-
ployees are employed overtime as permitted in this article, the
employer shall file with the Code Authority a statement of the
number of hours of overtime worked and a statement of the facts
which will substantiate the lack of other skilled employees capable
of performing this particular type of work. In any such case at
least one and one-half times the regular rate shall be paid to em-
ployees for time worked in excess of the maximum provided in
Section 1 hereof.
(b) Ordinary Overtime. — The maximum hours fixed in Section 1
hereof shall not apply for six (6) weeks in any twenty-six (26^
weeks' period, during which overtime shall not exceed eight (8)
hours in any one week. In any such case at least one and one-
half (11/2) times the regular rate shall be paid to each employee
for time worked in excess of eight (8) hours in any twenty-four
(24) hour period or in excess of forty (40) hours in any seven (7)
day period.
(c) Sunday and Legal Holiday Work. — At least one and one-
half (II/2) times the regular rate shall be paid for all work per-
formed on Sundays or legal holidays, except by watchmen, power
plant engineers, and firemen.
120
(cl) Reporting Overtime. — All overtime allowances shall be re-
ported to the Code Authority and made available to the Adminis-
trator in snch detail as may be required.
SECTiOiSr 4. Ennyloyment hy Several Employers. — No employer
<5hall knowingly permit any employee to work for any time which,
when totaled with that already performed for another employer or
employers, exceeds the maximum permitted herein.
Article IV — Wages
Section 1. (a) Except as hereinafter pro^dded, no employee en-
gaged in plant operations shall be paid in any pay period less than
at the following hourly rates, viz :
Where employed in cities of more than 50,000 population and im-
mediate vicinity, forty cents (40^) per hour.
Wliere employed in cities of more than 10,000 but not more than
60,000 population and immediate vicinity, which cities are not in
the immediate vicinity of a city of more than 50,000 population,
thirty-eight cents (380) per hour.
"Wliere employed in cities of 10,000 population or less and im-
mediate vicinity, which cities are not in the immediate vicinity of a
city of more than 10,000 population, thirty-six cents (360) per
hour.
Population figures shall be taken as reported by the Government
census of 1930.
(b) Female employees engaged at any plant in substantially the
same work as male employees at such plant shall receive the same
rate of pay as such male employees, and where they displace such
male employees they shall receive the same rate of pay as the male
employees they replace.
Section 2. (a) The minimum wage that shall be paid in any pay
period by any employer to any employee other than those engaged
in plant operations and traveling salesmen shall be not less than
at the rate of $15.00 per week, except as herein provided.
(b) Office boys and girls may be paid not less than at the rate
of eighty (80) per cent of such minimum wage, but the total number
of such office boys and girls employed by any one employer at such
reduced rate shall not exceed five (5) per cent of the total number
of office employees of such employer covered by the provisions of
this Section 2, provided, however, that each employer may have
at least one such office boy or girl.
Section 3. Apprentices shall be paid a starting rate of not less than
thirty (30) per cent of the rate paid to a competently sldlled me-
chanic in the trade in which the apprentice is being trained and
prevailing in the shop where the apprentice is employed ; provided,
however, that the starting rate paid to any apprentice shall not be
less than twenty-lour cents (240) per hour.
Wages paid to apprentices shall be advanced at intervals in meas-
ured amounts so that the rate for the last period of apprenticeship
shall not be less than eighty (80) per cent of the rate paid to a
competently skilled mechanic in the particular trade in the shop
where the apprentice is employed.
At no time shall a new apprentice be admitted to apprenticeship
by any employer when such action will bring the total number of
121
such apprentices so employed to a ratio of more than one appren-
tice to five competently skilled mechanics employed by such employer
in the particular trade in question.
All apprentice indentures or written contracts shall be filed with
the Code Authority and shall be made available to the Administrator.
Section 4. This Article IV establishes minimum rates of pay
which are applicable reiiardless of whether an employee is com-
pensated on a time rate, piece work, or other basis.
Section 5. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage below the minimum established by
a Code, if the employer obtains from the state authority, designated
by the United States Dejoartment of Labor, a certificate authorizing
such person's employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for
such employees.
Section 6. With a view that there shall be equitable adjustment
of rates above the minimum, not later than thirty (30) days after
the effective date, each employer in the Industry shall report to the
Administrator through the Code Authority, the action taken by
such employer since June 16, 1933, in adjusting the wage rates of
all hourly employees covered by Section 1 and of the employees
covered by Section 2 hereof receiving more than the minimum rate as
therein provided but less than at the rate of Thirty-five ($35.00)
Dollars per week.
In no event shall hourly rates of pay be reduced, irrespective of
whether compensation is actually paid on an hourly, weekly or
other basis, nor shall any wages be at less than the minimum rates
herein provided.
Article V — General Labor Proat: signs
(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 ; 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 organization of his
own choosing; 3, employers shall comply with the maximum hours
of labor, minimum rates of pay, and other conditions of employ-
ment, approved or prescribed by the President.
(b) 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 at other than office work. In any State any employer
shall be deemed to have complied with the 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 emploj^ee is oi the required age.
73630° 829-63- 34 2
122
(c) No provision in this Code shall supersede any State or Fed-
eral 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 pro-
tection than are imposed by this code.
(d) All employers shall post and keep posted copies of this Code
in conspicuous places accessible to all employees. Every member of
the Industry shall comply with all rules and regulations relative to
the posting of provisions of Codes of Fair Competition which may
from time to time be prescribed by the Administrator.
(e) No emploj^er shall reclassify employees or duties of employees,
or engage in any other subterfuge for the purpose of defeating the
purposes or provisions of the Act or of this Code.
(f) 1. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
2. Standards for safety and health shall be submitted by the Code
Authority to the Administrator within six months after the effective
date of the Code.
(g) No employee shall be dismissed by reason of making a com-
plaint or giving evidence with respect to a violation of this Code.
Akticle VI — Administration ^
Section 1. A Code Authority is hereby constituted to administer
and supervise and to facilitate compliance with this Code.
(a) During the period not to exceed sixty days following the ef-
fective date of this code, the Code Committee of the Electric Hoist
Manufacturers Association and the Monorail Manufacturers Associa-
tion shall constitute a temporary Code Authority consisting of six
members, and one to three additional members, without vote, to be
appointed by the Administrator, if he should so desire. Such tem-
porary Code Authority shall, within sixty days of the effective date,
set up a permanent Code Authority to succeed such temporary Code
Authority in effectuating the policies of the Act and to cooperate with
the Administrator in the administration of the Code.
The permanent Code Authority shall consist of six members of the
Industry (three of whom shall be principally engaged in the manu-
facture of Electric Hoists, and three of whom shall be principally
engaged in the manufacture of Monorail Equipment) to be elected
as follows :
The Code Authority shall be elected at a meeting of employers
called by Electric Hoist Manufacturers Association and the Mono-
rail Manufacturers Association any time within sixty days after the
approval of this Code. Notice of such meeting shall be sent by
tclegrajih and/or registered mail to all ascertainable employers in
the Industry and it shall specifically state that voting at the meeting
may be in person, by letter ballot, or by proxy, and each employer
shall be entitled to one vote. To permit representation of employers
who are not members of the Electric Hoist Manufacturers or Mono-
rail Manufacturers Associations, one individual member of the Code
Authority shall be elected in any fair manner, with the approval of
• See paragraph 2 of order approving this Code.
i23
the Administrator, by the members of the Industry, if any, who
are not members of either of these Associations.
Section 2. In addition to membership as above provided, there
may be from one to three members, without vote, to be known as ad-
ministration members, to be appointed by the Administrator to
serve for such terms as he may specify.
Section 3. Each trade or industrial association directly or indi-
rectly participating in the selection of activities of the Code Au-
thority 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, 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.
Section 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 of the Code Authority.
Section 5. 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 Author-
ity, 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 wiliul malfeasance or non-feasance.
Section 6. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended 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
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
Section 7. Powers and Duties. — Subject to such rules and regu-
lations as may be issued by the Administrator, the Code Authority
shall have the following powers and duties, in addition to those
authorized by other provisions of this Code.
(a) 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.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry 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 he may designate; provided that
124
nothing in this Code shall relieve any member of the Industry of any
existing obligations to furnish reports to any Government agency.
No individual report shall be disclosed to any other member of the
Industry or any other party except to such other 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 make re/Commendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to or affect members of the Industry.
(f) 1. It being found necessary in order to support the admin-
istration of this code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes, and to meet such obliga-
tions out of funds which may be raised as hereinafter provided
and which shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the industry ;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
industry, and to that end, if necessary, to institute legal pro-
ceedings there for in its own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, shall
be entitled to participate in the selection of members of the Code
Authoritv or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator
shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each other
or with other industries; measures for industrial planning, and sta-
125
bilization of emplo3mient ; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the Industry for the purpose of formulat-
ing fair trade practices to govern the relationshij)s between employ-
ers under this Code and under such other codes to the end that such
fair trade practices may be proposed to the Administrator as amend-
ments to this code and such other codes.
(i) To appoint a committee to formulate a procedure for handling
problems which may arise between employers and employees, which
shall be submitted to the Administrator.
Section 8. If formal complaint is made to Code Authority that
provisions of this Code have been violated by any employer, Code
Authority may cause such investigation or audit to be made by an
impartial agent or agency agreed upon by the Code Authority and
the member of the industry in question or, failing such agreement,
by the Administrator, to the extent permitted by the Act, as may
be deemed necessary. No detailed information so obtained, shall be
disclosed to any employer.
Article VII — Cost Finding and Accounting
The Code Authority shall cause to be formulated methods of cost
finding and accounting capable of use by all members of the in-
dustry, and shall submit such methods to the Administrator for re-
view. If approved by the Administrator, full information concern-
ing such methods shall be made available to all members of the in-
dustry. Thereafter, each member of the industry shall utilize such
methods to the extent found practicable. Nothing herein contained
shall be construed to permit the Code Authority, any agent thereof,
or any member of the industry to suggest uniform additions, per-
centao:es or differentials or other uniform items of cost which are
designed to bring about arbitrary uniformity of costs or prices.
Article VIII — Costs and Price Cutting
Section 1. The standards of fair competition for the industry
with reference to pricing practices are declared to be as follows :
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling enterprises or
tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within five days
afford an opportunity to the member filing the price to answer such
complaint and shaU within fourteen days make a ruling or adjust-
ment thereon. If such ruling is not concurred in by either party
to the complaint, all papers shall be referred to the Research
and Planning Division of the National Recovery Administration
which shall render a report and recommendation thereon to the
Administrator.
126
(b) When no declared emergency exists as to any given product
there is to be no fixed minimum basis for prices. It is intended
that sound cost estimating metliods should be used and that con-
sideration should be given to costs in the determination of pricing
policies.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of Section 2
hereof, is forbidden.
Section" 2. ETriergency Provisions. — (a) If the Administrator,
after investigation shall at any time find both (1) that an emergency
has arisen within the Industry adversely affecting enterprises or
wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum price for a speci-
fied product within the industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectuate
the purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the Administrator
a determination of the stated minimum price of the product affected
by the emergency and thereupon the Administrator may proceed
to determine such stated minimum price.
(b) Wlien the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industrial
Recovery Act, he shall publish such price. Thereafter, during such
stated period, no member of the Industry shall sell such specified
products at a net realized price below said stated minimum price
and any such sale shall be deemed destructive price cutting. From
time to time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.
Article IX — Open Price
The following provisions apply only to Manufacturers of Electric
Hoists :
Section 1. Each member of the Industry shall file with a confi-
dential and disinterested agent of the Code Authority or, if none,
then with such an agent designated by the Administrator, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to as
" price terms ", which lists shall completely and accurately conform
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard prod-
ucts of the industry as are sold or offered for sale by said member
and for such non-standard products of said member as shall be
designated by the Code Authority. Said price terms shall in the
first instance be filed within twenty (20) days after the date of
approval of this provision. Price terms and revised price terms
shall become effective immediately upon receipt thereof by said
agent. Immediately upon receijjt thereof, said agent shall by tele-
graph or other equally prompt means notify said member of the
time of such receipt. Such lists and revisions, together with the
127
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the industry and to all of
their customers who have applied therefor and have offered to
defray the cost actually incurred by the Code Authority in the
preparation and distribution thereof and be available for inspection
by any of their customers at the office of such agent. Said lists or
revisions or any part thereof shall not be made available to any
person until released to all members of the Industry and their cus-
tomers, as aforesaid; provided, that prices filed in the first instance
shall not be released until the expiration of the aforesaid twenty
(20) day period after the approval of this code. The Code Au-
thority shall maintain a permanent file of all price terms filed as
herein provided, and shall not destroy any part of such records ex-
cept upon written consent of the Administrator. Upon request tho
Code Authority shall furnish to the Administrator or any duly
designated agent of the Administrator copies of any such lists or
revisions of price terms.
Section 2. When any member of the Industry has filed any re-
vision, such member shall not file a higher price within forty-
eight (48) hours.
Section 3. No member of the Industry shall sell or offer to sell
any products of the industry, for which price terms have been filed
pursuant to the provisions of this article, except in accordance with
such price terms.
Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the in-
dustry to change his price terms by the use of intimidation, co-
ercion, or any other influence inconsistent with the maintenance of
the free and open market which it is the purpose of this Article to
create.
Article X — Unfair Trade Practicoes
Each of the following a^ts and practices is deemed to be inimical
to the best interests of the Industry and of the public, and each is.
therefore, declared to be and to constitute an unfair method of
competition :
Section (a). 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 in-
fluencing a sale.
Section (b). No member of the Industry shall give, permit to be
given, or offer to give, anytliing of value for the purpose of in-
fluencing or rewarding the action of any employee, agent, or repre-
sentative 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. 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.
128
Section (c). 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.
Section (d). No member of the Industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers.
Section (e). No member of the Industry shall wilfully induce or
attempt to induce the breach of existing contracts between competi-
tors and their customers by any false or deceptive means, or inter-
fere with or obstruct the performance of any such contractual duties
or services by any such means, with the purpose and effect of
hampering, injuring or embarrassing competitors in their business.
Section (f). No member of the Industry shall defame a competi-
tor by falsely imputing to him dishonorable conduct, inability to
perform contracts, questionable credit standing, or by other false
representation, or by falsely disparaging the grade or quality of his
goods.
Section ^g). No employer shall accept trade-ins of used equip-
ment, material, property or supplies, to aj^ply on the purchase of new
equipment.
Section (h). No employer shall sell products of the Industry by
a contract calling for extended terms of payment not covered by the
employers' filed price lists, unless the contract calls for interest at
the rate of six (6%) per cent per annum to begin thirty (30) days
after shipment, unless a lower rate is specified by the state law gov-
erning the contract.
Section (i). The joUoxolng trade 'practice applies solely to manu-
facturers of monorail equipm.ent :
No employer shall submit a proposal including erection which
does not include a quotation covering a bill of materials on equip-
ment, and a separate quotation covering erection and any super-
structure, if same is to be furnished. In quoting on erection and
superstructure, prime consideration shall be given to the cost of such
items plus freight and/or cartage charges plus the cost of handling.
Proposals submitted by any employer shall not be revised, except
when a change in the bill of materials or specifications is to be made,
in which case the revised proposal must equal only the change in
bill of materials or specifications, and except to meet the competi-
tion of lower bids, provided however, that after lowering a quota-
tion to meet competition, an employer shall file with the Code
Authority a complete statement of the transaction, setting forth the
competition which existed and his original and final bids, and except
upon the general reopening of bids. Proposals including the serv-
ices of a superintendent of erection shall consist of a quotation cov-
ering a bill of materials on equipment, and a separate quotation
covering the cost of furnishing a superintendent of erection on a
per diem basis. No job shall be quoted short of the necessary equip-
ment needed to complete the installation, but a three per cent varia-
tion of quoted price to allow for engineering discrepancies is per-
missible.
129
Article XI — Export Trade
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or ship-
ments for export trade. " Export Trade " shall be as defined in the
Export Trade Act adopted April 10, 1918.
Article XII — Modification
Section 1. Tliis 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 Title I of said Act.
Section 2, Such of the provisions of this Code as are not required
to be included herein by the Act may, with the approval of the
Administrator, be modified or eliminat-ed in such manner as may be
indicated by the needs of the public, by changes in circumstances, or
by experience. All the provisions of this Code, unless so modified
or eliminated, shall remain in effect until June 16, 1935.
Article XIII — 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 XIV — Effectivb Date
This Code shall become effective on the eleventh day after its
approval.
Approved Code No. 483.
Registry No. 1306-03.
o
I
i
Approved Code No. 484
CODE OF FAIR COMPETITION
FOR THE
WHOLESALE MONUMENTAL MARBLE
INDUSTRY
As Approved on July 14, 1934
ORDER
Approving Code of Fair Competition for the Wholesale Monu-
mental Marble 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 Wliolesale Monumental Marble 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 tho
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, that
the hourly rate for the North as provided in Section 1 of Article
IV and the overtime rate as provided in Section 2 (h) of Article III
be approved pending the completion of a study within ninety (90)
days of these rates in connection with rates of similar codes, and
provided further, that Industry's request for stay be granted in
Section 5 of Article IV pertinent to the methods of payment of
wages pending determination by the Administrator on a similar
stay in the Retail Trade Code.
Hugh S. Johnson,
Administrator for IndtLstrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July U, 193J^,
73797° 829-70 34 (131)
EEPOKT TO THE PRESIDENT
The President,
The 'White House.
Sir: This is a report on the Code of Fair Competition for the
Wholesale Monumental Marble Industry, the public hearing having
been conducted thereon in Washington, D.C, on January 2, 1934, in
accordance with the provisions of the National Industrial Recovery
Act.
HOURS AND WAGES
The Code provides a forty (40) hour week excepting watchmen
who are permitted to work fifty-six (56) hours per week. Firemen,
engineers, sawyers, truckmen and shipping clerks may be permitted
to work lorty-eight (48) hours per week. Minimum rates of wages
established are thirty-seven and one-half cents (37i/2^) pcr hour in
the North and thirty cent-s (30^) per hour in the South.
OTHER LABOR PROVISIONS
The Code contains provisions governing child labor, infirm and
aged employees, reclassification of employees and safety and health
of employee.
ECONOMIC EFFECT
It is expected by the industry that a small increase in employment
will result due to the adoption of a maximum forty (40) hour work
week. Payrolls under this Code will be increased from twenty
percent (20%) to fifty percent (50%) in both the North and South
areas.
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 or in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under aderjuate 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
(132)
133
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 emplo3'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 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 admis-
sion 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.
July 14, 1934.
CODE OF FAIR COMPETITION FOE THE WHOLESALE
MONU^IENTAL MAEBLE INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act, the following provisions are established as a Code of Fair
Comj5etition for the Wliolesale Monumental Marble 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 "wholesale Monumental Marble Industry" or
" Industry " as used herein is defined to mean the finishing and sale
to retail monument dealers, jobbers, or wholesalers, of marble for
monuments, and other monumental work.
(2) The terms "monument" and "monumental" as used herein
include marble monuments, memorials, markers, headstones, tombs,
tombstones, coping, lot enclosures, surface burial vaults, urns, seats,
benches, sundials, and all other related types of memorials, and
rough marble and partly finished marble intended or suited for these
purposes.
(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.
(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 "employer" as used herein includes anyone by
whom such employee is compensated or employed.
(G) 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.
(7) P()])ulation for the purposes of this Code shall be determined
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 in any one week or eight (8^
hours in any twenty-four (24) hour period, or more than six (6)
daj's in any seven (7) day period, except as hereinafter provided.
Section 2. No person employed in clerical or office work shall be
permitted to work in excess of forty (40) hours in any one week or
eight (8) hours in any twenty-four (24) hours period. A normal
work day shall not exceed eight hours.
(134)
135
(b) The provisions of this Article shall not apply to traveling
salesmen, or to employees engaged in emergency maintenance or emer-
gency repair work, or to persons employed in managerial or execu-
tive capacity who earn regularly thirty-five dollars ($35.00) per
week or more; provided, however, that employees engaged in emer-
gency maintenance and emergency repair work shall be paid at one
and one-third (ll^) times their normal hourly rate for all hours
worked in excess of eight (8) hours per day and forty (40) hours
per week.^
(c) Employees engaged as watchmen may be permitted to work
not in excess of fifty-six (56) hours in any one week, or more than
six (6) days in any seven (7) day period; and
(d) Employees engaged as firemen, plant engineers, sawjers, and
foremen may be permitted to work not in excess of forty-eight (48)
hours in any one week and not more than six (6) days in any seven
(7) day period; and
(e) Employees engaged as truckmen or shipping clerks may be
permitted to work not in excess of forty-eight (48) hours in any one
week or more than six (6) days in any seven day period; and
(f ) Employees may be permitted to exceed the limitations of Sec-
tion 1 when employment is necessary to recover time lost due to
Inclement weather, provided, however, that the total hours worked
shall not exceed an average of forty (40) hours per week for any
three (3) months' period of the year or a maximum of forty-eight
(48) hours in any one week, and provided further that overtime rates
shall be paid for all hours worked in excess of eight (8) hours per
day or forty (40) hours per week at the rate of one and one third
(IVs) times the normal rate except employees covered by Subsections
(c), (d), (e) of this Section.
Section 3, Employment hy Several Employers. — 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 or any other industry, exceeds the maximum
permitted herein.
Article IV — Wages
Section 1. No employee shall be paid in any pay period less than
at the rate of thirty-seven and one half cents (371/2^) per hour,
except in the South where no such employee shall be paid less than
at the rate of thirty cents (30^) per hour. The South includes that
part of the United States south of the Potomac and Ohio Rivers, and
east of the Mississippi River together with the States of Arkansas,
Oklahoma, Louisiana and Texas.^
Section 2. The Mininmm rate of pay for accounting, clerical, and
office employees shall be as follows :
Fifteen dollars ($15.00) per week in any city of over 500,000 popu-
lation, or in the immediate trade area of such city; fourteen and
60/100 dollars ($14.50) per week in any city of between 250,000 and
500,000 population, or in the iuTinediate trade area of such city;
fourteen dollars ($14.00) per week in any other place.
* See paragraph 2 of order approving this Code.
136
Section 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.
Section 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 wa^es and for such hours as shall be stated in the certificate
provided, however, that the total number of such employees shall
not exceed 5 per cent of the total number of employees, except that
in any case the employer shall be allowed to employ two such employ-
ees. Each employer shall file monthly with the Code Authority, a
list of all such persons employed by him, showing the wages paid
to, and the maximum hours of work for such employee.
Section 5. An employer shall make payment of all wages not
otherwise than in lawful currency, or by negotiable check, payable on
demand. These wages shall be exempt from any payments for pen-
sions, insurance, or sick benefits, other than those voluntarily paid
by the wage earners, or required by law. Wages shall be paid at
least semi-monthly, and salaries at least monthly.^
Section 6. Adjustment of Wages. — The hourly wage rate or salary
of all employees receiving more than the minimmn rate or salary
herein prescribed shall be equitably adjusted, if such adjustments
have not already been made. No employee now receiving compen-
sation at a rate in excess of the minimum herein prescribed shall have
his weekly compensation reduced on account of and reduction in
weekly hours of employment to conform to requirements of Article
III.
Section 7. Female Employees. — Female employees performing
substantially the same work as male employees shall receive the same
rate of pay as male employees.
Article V — General Labor Provisions
Section 1. 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 operations or 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 the
effective date of this Code, a list of such operations or occupations.
In an}^ 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 em-
ployment or age certificates or permits showing that the employee
IS of the required age.
Section 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 representatives
or in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
* See paragraph 2 ot order approving this Code.
137
(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.
Section 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes of the Act.
Section 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code Au-
thority to the Administrator within six months after the effective
date of the Code.
Section 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, 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.
Section 6. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the industry shall comply with all rules and regulations rela-
tive to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed by the Administrator.
Section 7. No employer shall dismiss or demote any employee for
making a complaint or giving evidence with respect to an alleged
violation of the provisions of the Code.
Article VI — Organization, Powers, and Duties of the Code
Authority
Section 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this Code.
Section 2. For the purpose of the administration of this Code,
the Wholesale Monumental Marble Industry shall be divided into
geographical divisions as set forth below :
Division I shall include that part of the United States north of
the Potomac and Ohio Rivers and east of the Mississippi River.
Division II shall include that part of the United States south of the
Potomac and Ohio Rivers and East of the Mississippi River.
Division III shall include the remainder of the United States.
Section 3. (a) The Code Authority in charge of the administra-
tion of this Code shall consist of five members of the industry, who
shall be chosen as set forth below.
(b) Members of the Industry shall select in each geographical
division by a fair method of election, subject to the approval of the
Administrator, and with fair consideration of volume of business,
one member to represent their Division on the Code Authority. The
three members so chosen, shall, with the approval of the Administra-
tor, choose two additional members of the Industry. These five
members of the Industry so selected shall serve for a period of one
year, and together with those appointed by the Administrator as
138
provided in Section 4, below, shall constitute the Code Authority
for the Wholesale Monumental Marble Industry.
(c) Any vacancies on the Code Authority in the membership rep-
resenting a Division or otherwise remaining unfilled for a period of
fifteen (15) days may be filled by the Code Authority as then consti-
tuted, and the member so selected shall continue as the representative
of the Division in which the vacancy has occurred until such time
as that Division elects a successor.
(d) The members of the Code Authority shall be elected at
meetings of the members of the Industry to be called within ten
days after the effective date hereof. The notice of the meetings shall
be sent out by the Chairman of the Code Committee by registered
mail to all known members of the Industry. The notice shall spe-
cifically state that the voting at the meeting may be in person or
by proxy and said notice shall be sent ten (10) days prior to such
meeting. The members of the Code Authority shall be elected by
members of the Industry present in person or by proxy at such
meetings by a majority vote of members of the Industry present in
person or by proxy as such.
Section 4. In addition to membership as above provided, there
may be not more than three members, without vote, to be known as
Administration members appointed by the Administrator, to serve
for such terms as he may specify.
Section 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 with the provisions of the Act, may require
an appropriate modification in the method of selection of the Code
Authority.
Section 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 the act of any other member, ofiicer, agent, or employee
of the Code Authority. Nor shall any member of the Code Au-
thority, 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.
Section 7. Any 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, by-laws,
regulations, and any amendments when 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.
Section 8. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended 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
139
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of inten-
tion to proceed with such action in its original or modified form.
Sectiox 9. The Code Authority shall have the following further
powers and duties subject to such rules and regulations as the
Administrator may prescribe :
(a) 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.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the industry 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 he 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 report shall be disclosed to any other mem-
ber of the industry or any other party except to such other Govern-
mental 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 Au-
thority 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 or affect members of the industry.
(f) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions to
govern members of the industry'' in their relations with each other or
with other industries ; measures for industrial planning, and stabiliza-
tion of employment ; and including modifications of this Code which
shall become effective as part hereof upon approval by the Admin-
istrator after such notice and hearing as he may specify.
(g) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the industry for the purpose of formulat-
ing fair trade practices to govern the relationships between employ-
ers under this code and under such other codes to the end that such
fair trade practices may be proposed to the Administrator as amend-
ments to this code and such other codes.
Section 10. It being found necessary to support the Administra-
tion of this Code, and to maintain the standards of fair competition
established hereunder, and to effectuate the policy of the Act the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be held in trust for the purposes of the Code
and raised as hereinafter provided;
140
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary :
(1) An itemized budget of its estimated expenses for tlie foregoing
purposes, and
(2) An equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the Industry.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tributions as above set forth, and to that end, if necessary, to institute
legal proceedings therefor in its own name.
(d) Each member of the Industry shall pay for his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority as hereinabove provided and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the industry complying with the Code and contributing to the ex-
penses of its administration shall be entitled to participate in the
selection of the members of the Code Authority or to receive the
benefits of its voluntary activities or to make use of any emblem or
insignia of the N.R.A.
(e) The Code Authority shall neither incur nor pay any obliga-
tions in excess of the amount thereof as estimated in its approved
budget except upon approval of the Administrator and no subse-
quent budget shall contain any deficiency item of expenditures in
excess of prior budget except those the Administrator shall have so
approved.
Section 11. The Code Authority shall cause to be formulated
methods of cost finding and accounting capable of use by all members
of the industry, and shall submit such methods to the Administrator
for review. If approved by the Administrator, full information
concerning such methods shall be made available to all members of
the industry. Thereafter, each member of the industry shall utilize
such methods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the Code Authority, any agent
thereof, or any member of the industry to suggest uniform additions,
percentages or differentials or other uniform items of cost which
are designed to bring about arbitrary uniformity of costs or prices.
Section 12. The Code Authority may recommend to the Adminis-
trator modifications and/or amendments to this Code, which shall
become parts of this Code upon approval by the Administrator after
fiuch notice and hearing as he may prescribe.
Article VII — Trade Practice Rules
The following trade practices are prohibited :
Section 1 — Rule 1 — 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 ma-
terial particular nor shall any member in any way misrepresent any
commodity (includin<T 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.
141
Rttle 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 commodity in any manner which tends to
deceive or mislead purchasers and/or prospective purchasers with
respect to the brand, grade, quality, quantity, origin, size, finish,
material content, or preparation of such commodity.
Rule 4. iTuiccurate References to Co-mpetitors., Etc. — No member
of the industry shall use advertising or other representation which
refers inaccurately in any material particular to any competitors or
their commodities, prices, values, credit terms, policies or services.
Rule 5. Corwmercial Brihery. — 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, 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
commercial bribery as hereinabove defined.
Rule 6. Interference with Another^s Contracts. — No member of the
industry shall attempt to induce the breach of an existing contract
between a competitor and his customer or source of supply.
Rule 7. BlackliMing. — No member of the industry shall join or
participate with other members of the industry in any transaction
known as a black list, including any practice or device (such as white
list), which accomplishes the purpose of a black list.
Rule 8. Rebates. — No member of the industry shall secretly pay
or allow rebates, refunds, commissions, credit, or unearned discounts,
or excess allowances, whether in the form of money or otherwise, or
secretly extend to certain customers special services or privileg'es not
extended to all customers under like terms and conditions, for the
purpose of influencing sales.
Rule 9. Misrepresentation. — No member of the industry shall mis-
lead or deceive any bidder as to the amounts and conditions of other
bids, or by any other false information, for the purpose of inducing
him to cut his own bid.
Rule 10. Bidding Practice. — No member of the industry shall
induce or attempt to induce an architect, owner, builder or retailer
to reveal to such member any information regarding anj^ bid received
on a competitive job, with a view of giving such member an oppor-
tunity to meet or cut below the lowest bid, whether such member was
one of the oriirinal bidders or not.
^tj-"
Article VIII — Open Price
Section 1. Each member of the industry shall file with a confi-
dential and disinterested agent of the code authority or, if none,
then with such an agent designated by the Administrator, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to
142
as " price terms ", which lists shall completely and accurately con-
form to and represent the individual pricing practices of said mem-
ber. Such lists shall contain the price terms for all such standard
products of the industry as are sold or offered for sale by said mem-
ber and for such non-standard products of said member as shall
be designated by the code authority. Said price terms shall in
the first instance be filed within sixty (60) days after the
date of approval of this provision. Price terms and revised price
terms shall become effective immediately upon receipt thereof by
said agent. Immediately upon receipt thereof, said agent shall by
telegraph or other equally prompt means notify said member of the
time of such receipt. Such lists and revisions, together with the
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the industry and to all of
their customers who have applied therefor and have offered to defray
the cost actually incurred by the code authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agent. Said lists or revisions
or any part thereof shall not be made available to any person until
released to all members of the industry and their customers, as afore-
said; provided, that prices filed in the first instance shall not be
released until the expiration of the aforesaid sixty (60) day period
after the approval of this code. The code authority shall maintain
a permanent file of all price terms filed as herein provided, and shall
not destroy any part of such records except upon written consent
of the Administrator. Upon request the code authority shall fur-
nish to the Administrator or any duly designated a^ent of the Ad-
ministrator copies of any such lists or revisions of price terms.
Section 2. When any member of the industry has filed any revi-
sion, such member shall not file a higher price within forty-eight
(48) hours.
Section 3, No member of the industry shall sell or offer to sell
any products/services of the industry, for which price terms have
been filed pursuant to the provisions of this article, except in accord-
ance with such price terms.
Section 4. No member of the industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the indus-
try to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the tree
and open market which it is the purpose of this Article to create.
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 conditions
imjjosed by him upon his approval thereof.
143
Section 2. This Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in cir-
cumstances, such modification to be based upon application by the
Code Authority 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 discrimi-
nate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of Consummation if price 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 cost.
Article XII — Foreign Trade
No provision of this Code relating to prices or terms of selling,
shipping, or marketing shall apply to export trade or sales or ship-
ments for exj^ort trade.
Article XIII — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 484.
Registry No. 1023-29.
o
Approved Code No. 485
CODE OF FAIR COMPETITION
FOR THE
COTTON GINNING MACHINERY MANUFAC-
TURING INDUSTRY
As Approved on July 16, 1934
ORDER
Approving Code of Fair Competition for the Cotton Ginning
Machinery 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 Cotton Ginning Machinery 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, 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; provided, however,
that the provisions of Article VIII, Section 1 (b), insofar as they
prescribe a waiting period between the filing with the Code Author-
ity or such agency as may be designated in the Code, and the effective
date of price lists, as originally filed and/or revised price lists or
revised terms and conditions of sale, be and they hereby are stayed
pending my further Order. Further, the provision of Article III,
Section III, relating to heat firemen is hereby stayed for a period of
sixty (60) days subject to my further orders. And, further, the
provision in Article IV, Section 7 relating to a conditional southern
wage rate of twenty-five (25) cents per hour, shall be reconsidered
73794° 829-67 34 (145)
146
after the conclusion of the present peak season in the Industry, in
order that I may determine if conditions in the Industry justify the
continuance of said provision.
Hugh S. Johnson,
Administrator for Industrial Recovery .
Approval recommended:
A. R. Glancy,
Division Administrator.
Washington, D.C,
July 16, 193J^.
EEPORT TO THE PRESIDENT
The President,
The Whiie House.
Sir: This is a report on the Code of Fair Competition for the
Cotton Ginning Machinery Manufacturing Industry as revised after
a Public Hearing held in Washington on the 21st day of November,
1933, in accordance with the provisions of the National Industrial
Recovery Act.
PROVISIONS AS TO HOURS AND WAGES
Employment is limited to eight (8) hours per day and forty (40)
hours per week and six (6) days in any seven (7) day period, with
the exception of those employees engaged in emergency maintenance
or emergency repair work. To provide for the peak season between
June 1st and September 15th, overtime is allowed to the extent of
eight (8) hours per week, provided that no unemployed workers
jjossessmg the necessary skill to perform said work are available.
Overtime for emergency maintenance or emergency repair work
in excess of eight (8) hours in any twenty-four (24) hour period or
in excess of forty (40) hours in any seven (7) day period will be paid
for at not less than one and one-half (li/4) times the regular rate.
Overtime during the peak season will be paid for at a rate of
not less than one and one-half (II/2) times the regular rate for all
hours worked in excess of forty-four (44) hoin-s per week.
Watchmen and heat firemen will not work in excess of fifty-six
(56) hours per week.
A minimum wage of forty (400) cents per hour for males and
females is established, except for office and clerical employees who
may be paid at the rate of not less than fifteen ($15.00) dollars per
week and office boys and girls at a rate of not less than twelve
($12.00) dollars per week. Female employees performing substan-
tially the same work as male employees will receive the same rate
of pay.
In the South (which includes the States of North Carolina,
South Carolina, Tennessee, Georgia, Florida, Alabama, Mississippi,
Louisiana, Texas and Oklahoma) the minimum rate is thirty-two
(320) cents per hour.
Due to economic conditions in the Industry, restricting the market
for its products, common labor in the South will be paid at a rate
of not less than twenty-five (250) cents per hour, until the Admin-
istratorj after such hearings as he may require, shall determine that
economic conditions in the Industry have improved in which event
the minimum wage of thirty-two (320) cents per hour prescribed in
Article IV, Section 1 shall be in effect.
(147)
148
ECONOMIC EFFECT OF THE CODE
Before the adoption of the reduced hourly schedule in 1933, this
Industry averaged 46.7 hours per week. Its ten plants employed
623 persons. Adoption of the forty (40) hour week has increased
employment to lOTl persons or an increase of 42%.
Sales in 1932 totaled $2,296,566 but sales for 1934 are expected to
be slightly greater.
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 diminsh the amount thereof and will pro-
vide for tlie 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 temporarilv
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 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 by me.
Respectfully,
Hugh S. Johnson,
Administrator.
JTJI.Y 16, 1934.
CODE OF FAIE COMPETITION FOE THE COTTON GIN-
NING MACHINEEY MANUFACTUEING INDUSTEY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Eecovery Act, the following provisions are established as a Code of
Fair Competition for the Cotton Ginning Machinery Manufacturing
Industry, and shall be the standard of fair competition for this
Industry and shall be binding upon every member thereof.
Article II — Definitions
The term " Cotton Ginning Machinery Manufacturing Industry ",
or the " Industry ", as used herein, shall mean the manufacture
and/or sale by the manufacturer of cotton ginning machinery and/or
cleaning, separating, e:s;tracting and baling equipment necessary to
the actual ginning of seed cotton.
The term "Association ", as used herein, shall mean the Cotton
Ginning Machinery Manufacturers Association.
The term " member of the Industry ", as used herein, includes, but
without limitation, any individual, partnership, association, corpora-
tion or other form of enterprise engaged in the Industry, either as
an employer or on his or its own behalf.
The term " employee ", as used herein, includes any and all per-
sons engaged in the Industry, however compensated, except a mem-
ber 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,
Title I of the National Industrial Eecovery Act, and the Adminis-
trator for Industrial Eecovery.
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 ex-
cess of eight (8) hours per day; provided, however, that during any
period in which a concentrated demand upon any division of the In-
dustry shall place a temporary burden for production upon its facili-
ties, and no unemployed workers possessing the necessary skill to
perform said work are available, any employee of such division may
be permitted to work not in excess of forty-eight (48) hours per ^
week in any period between June first and September fifteenth and
that each such employee, except as hereinafter described in Section
3 of this Article III, shall be paid at not less than one and one-
half times his regular rate for all hours worked in excess of fortv-
four (44) hours per week.
(149)
150
Section 2. Emergency Overtime. 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-half times the normal rate shall be paid for hours
worked in excess of the maximum provided in Section 1 above.
Section 3. Watchmen and heat firemen shall not be permitted to
work in excess of fifty-six (56) hours per week.^
Section 4. The limitations as to hours of work shall not apply to
employees in executive or managerial capacities who receive thirty-
five (35) dollars or more per week or to outside salesmen and salaried
foremen.
Section 5. No accounting, clerical, or service employee shall be
permitted to work in excess of forty (40) hours per week or nine
(9) hours in any one (1) day. No delivery employees shall be per-
mitted to work in excess of forty (40) hours per week or eight hours
in any one (1) day except in the seasonal peak period referred to in
Article III, Section 1 during which time they may be permitted to
work not in excess of forty-eight (48) hours per week but shall be
paid at overtime rates of not less than one and one-half (II/2) times
their regular rate for all hours worked in excess of forty-four (44)
hours per week.
Section 6. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for
another employer or employers in this Industry (or otherwise), ex-
ceeds the maximum permitted herein.
Section 7. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
Article IV. — ^Wages
Section 1. No employees shall be paid less than at the rate of
forty (40) cents per hour, except as herein otherwise expressly
f)rovided. However, in the South the minimum rate shall not be
ess than at the rate of thirty-two (82) cents per hour. The South,
for the purposes of this Article IV, shall include only the States
of North Carolina, South Carolina, Tennessee, Georgia, Florida,
Alabama, Mississippi, Louisiana, Texas and Oklahoma.
Section 2. No employer shall pay any learner less than at the
rate of eighty (80) percent of the minimum prescribed in Article
IV, Section 1. The total number of learners shall not at any one time
exceed the ratio of five (5) percent of the total number of skilled
workmen in the employ of any one (1) member of the Industry. A
learner shall be defined as a person who is engaged in learning a
skilled occupation or trade and who has had less than six (6) months
experience in that occupation or trade.
Sf:cTi0N 3. No other employee shall be paid less than at the rate
of fifteen (15) dollars per week; provided that office or errand
boys and girls and messengers may be paid at the rate of not less
than eighty (80) percent of the aforesaid minimum of fifteen (15)
dollars per week; provided, further tliat the total number of such
office or errand boys and girls and messengers thus compensated shall
* Bee paragraph 2 of order approving this Code.
151
not exceed five (5) percent of the total number of clerical employees
in such factory or branch plant; and provided, further, that at
least two (2) such office or errand boys and girls and messengers
may be employed in any factory or branch plant.
Section 4. Adjusting Wage Scale. — Within thirty (30) days after
the effective date of this Code the wages paid all workers whose
pay is above the minimum shall be equitably adjusted, if this has
not already been done since June 16, 1933. In no case shall hourly or
piece rates be reduced. Within sixty (60) days of the effective date
the Code Authority shall report to the Administrator the readjust-
ments made.
Section 5. Females. — 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.
Section 6. This article establishes minimum rates of pay regard-
less of whether an employee's compensation is calculated on an
hourly rate, piece-work performance or otherwise.
Section 7. Due to economic conditions in this Industry restricting
the market for its products, a minimum wage rate of twenty-five (25)
cents per hour may be paid for common labor in the States of North
Carolina, South Carolina, Tennessee, Georgia, Florida, Alabama,
Mississippi, Louisiana, Texas and Oklahoma, and shall be in effect
until after such hearing as the Administrator may require. Should
he then determine that improved economic conditions exist in the
Industry, the minimum wage prescribed in Article IV, Section 1
shall be in effect.^
Aeticue V — General Labor Provisions
Section 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 sixty (60) days from date of signing of the Code by the Presi-
dent, a list of such operations or occupations. 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 issued 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.
Section 2. Employees shall have the right to organize and bargain
collectively tlirough 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 m other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
Section 3. No employee and no one seeking employment shall be
required as a condition of emplojTnent to join any company union
or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing.
Section 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.
^ See paragraph 2 of order approving this Code.
152
Section 5, 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 tliis Code.
Section 6. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
Section 7. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the Industry shall comply with all rules and regulations rela-
tive to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Administrator.
Section 8. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the
hours of" their employment. Within three (3) months after the
effective date of this Code, the Code Authority shall submit to the
Administrator, for his approval. Standards of Safety and Health
for the Industry.
Section 9. No employer shall contract for work to be done except
where the person performing the contract is subject to the provi-
sions of tliis Code or the Code adopted by the Industry covering
such work; and in no case shall an employer avoid or evade the
labor provisions of this Code by contracting his work to any per-
sons subject to labor regulations less stringent than those provided
in this Code.
Section 10. The working hours for employees during each day
shall be consecutive provided that an interval not longer than one
(1) hour may be allowed for each regular meal period, and such
interval^ not counted as part of the employee's working time. Any
rest period which may be given employees shall not be deducted
from such employee's working time.
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.
Section 1. Organization and constitution of the Code Authority.
(a) The Code Authority shall consist of not more than eight (8)
or less than six (6) voting members. Six (6) voting members of
the Code Authority shall be selected by the Executive Committee
of the Association, and two (2) by members of the Industry who
are not members of the Association, if the non-members of the Asso-
ciation so desire. In addition, the Administrator may appoint not
to exceed three (3) members without vote.
Section 2. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator true copies of its articles oi
association, by-laws regulations, and any amendments when made
thereto, together with such other information as to membership,
153
organization, and activities as the Administrator may deem neces-
sary to effectuate the purposes of the Act.
Section 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 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 ap-
propriate modification of the Code Authority.
Section 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. 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.
Section 5. 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 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 mal-feasance or non-feasance.
Section 6. If the Administrator shall determine that any action
of the Code Authority or anj agency thereof may be imfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of such action and further consideration by such
Code Authority or agency pending final action which shall not be
effective unless the Administrator approves or unless he shall fail to
disapprove after thirty (30) days notice to him of intention to pro-
ceed with such action in its original or modified form.
Seiction 7. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
further powers and duties :
(a) Subject to such rules and regulations as may be prescribed by
the Administrator to adopt by-laws and rules and regulations for its
procedure and for the administration of this Code.
(b) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 8 (a) of the Act to such
Federal and State agencies as he 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 report shall be disclosed to any other mem-
ber of the Industry or any other party except to such other Govern-
mental agencies as may be directed by the Administrator.
154
(c) 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
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(d) 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 or affect members of the Industry.
(e) (1) It being found necessary to support the Administration
of this Code, in order to effectuate the policy of the Act and to
maintain the standards of fair competition established hereunder,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessery
and proper for the foregoing purposes and to meet
such obligations out of funds whicn shall be held in
trust for the purposes of the Code and raised as here-
inafter provided;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may
deem necessary:
1. An itemized budget of its estimated expenses for the
foregoing purposes, and
2. An equitable basis upon which the funds necessary
to support such budget shall be contributed by all
members of the Industry entitled to the benefits
accruing from the maintenance of such standards,
and the administration thereof;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and
collect equitable contributions as above set forth, and
to that end, if necessary, to institute legal proceedings
therefor in its own name.
(2) Each member of the Industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the
Code Authority as hereinbefore provided. Only members of the
Industry complying with the Code and making such contribution
shall be entitled to participate in the selection of the members of the
Code Authority or to receive the benefits of its voluntary activities
or to make use of any National Recovery Administration insignia.
(f) To cooperate with the Administrator in regulating the use
of any National Recovery Administration insignia solely by those
members of the Industry who have assented to, and are complying
with, this Code.
(g) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such Codes
as may bo related to the Industry for the purposes of formulating
fair trade jDractices to govern the relationship between production
and distribution employers under this Code and under such other
Codes to the end that such fair trade practices may be proposed to
the Administrator as amendments to this Code.
155
Article VII — Trade Practices
The following practices constitute unfair methods of competition
for members of the Industry, their employees or their agents 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,
quality, quantity, substance, character, nature, origin, size, finish or
preparation of any product of the Industry or otherw^ise.
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 ad-
vertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, perform-
ance 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.
3. GomTnercial Bribery. — No member of the Industry shall give,
permit to be given, or directly or indirectly offer to give anything
of value for tlie purposes 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-
ployer, 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 above defined.
4. Interference with Gontractuol Relations. — ^Maliciously inducing
or attempting to induce the breach of an existing 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. — 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 in-
fluencing a sale.
6. Defamation. — The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts or
services, questionable credit standing, or by other false representa-
tions or by false disparagement of the grade, quality or performance
of their goods.
7. 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.
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 au-
thority, by bribery, or by any other unfair method.
156
9. Quotations. — (a) Quoting by any member of the Industry or
the accepting by any member of the Industry of any offer or contract
for the products of the Industry to a customer or prospective cus-
tomer which inchides any sum for erection of a building or charges
for free erecting of machinery, or allowing for erectors travelling or
other expenses.
(b) Quoting by any member of the Industry or accepting an order
for a building from a customer or prospective customer. In the
event materials for the erection of buildings are furnished by a
member of the Industry, such procedure must be covered by a
separate contract, prices and terms to apply to the customer or pros-
pective customer whether or not the member of the Industry fur-
nishes any other of their products.
10. False Invoices.- — The withholding from and/or insertion in
any invoice anything which would make the invoice a false record,
wholly or in part, of the transaction to which it refers, or making
any arrangement which contemplates pajrment or settlement con-
trary to the face of the invoice, or the post-dating or pre-dating of
same.
11. Guarantee. — The guaranteeing of products or workmanship
other than as specifically stated upon sales contract of members of
the Industry on file with the Code Authority, or the guaranteeing
against decline or rise in selling prices or terms.
12. Consignvients. — The consigning of any products of the In-
dustry to a customer, prospective customer or representative of same
except to legal sales agents or dealers handling such products for
resale.
13. Trade-in Allowances. — Allowing by any member of the In-
dustry of a trade-in or second-hand value of any machine or prod-
uct of any description to apply on the purchase price of any new
machinery, or otherwise, or the guaranteeing the sale of old or used
machinery or products for the benefit of any customer or prospec-
tive customer.
14. Tax Alloioances. — The allowing by any member of the Indus-
try to a customer or prospective customer or representative of same
of any Federal, State, County, City or other taxes.
15. Conditional Contracts. — Quoting by any member of the In-
dustry to a customer or prospective customer of prices and terms
other than those on file with the Code Authority with the intention
of delaying the legitimate closing of contracts.
The taking of orders or contracts by any member of the Industry
upon any conditions not in strict adherence to standard conditional
clause on file with Code Authority, which clause must be plainly
shown on any such order or contract.
IG. Violating of any provisions of this Code by a member of the
Industry through an agent.
Article VIII — Prices
Section 1. (a) Within ten (10) days after the effective date of
this Code each member of the Industry shall file with the Code
Authority his prices, discount sheets and all other conditions of sale.
(b) In no case shall a member sell at a price other than his filed
price for the various classes of trade. A member may change his
157
prices as filed with the Code Authority at any time. A price change
shall become effective on the tenth (10th) day after it is filed in the
office of the Code Authority. When a member revises a price, any
other member may file a revised price to meet the first one. The
latter member's revised price shall become effective on the same day
as the first revised prices.^
(c) Prices filed with the Code Authority shall be open to the
inspection of all buyers as well as members of the Industry.
SEcnoN 2. If, on account of any special conditions affecting a
prospective sale, any member of the Industry desires to make a sale
of obsolete products or seconds for any cause at less than the price
schedules on file with the Code Authority such member shall inform
the Code Authority of its intention to dispose of such products.
Section 3. The Code Authority shall furnish monthly reports to
the Administrator showing the sales price trend in the Industry.
Article IX — Teems, Discounts, Shipments, Deli\t:ky Points
1. All members of the Industry shall adhere to the following terms
in all quotations, estimates or sales contracts except for Jinter and
gin saws :
One-third ^Vs) cash on delivery of bill of lading.
One-third h/^) fall first year of contract.
One-third (i^) fall second year of contract.
2. In no instance shall notes of a customer maturing in fall of first
and second years of contract be due later than December first.
3. Interest on Deferred Payment notes may be figured from July
first, or from date of shipment if made later than July first.
4. In the event that a complete cotton ginning plant is destroyed
by fire or windstorm during its operating season any member of the
Industry who replaces such loss by a legitimate sale, may extend
the second and tliird payments for such replacements to the follow-
ing consecutive seasons, provided, however, that one-third (I/3) cash
must be paid upon delivery of the bill of lading for said replacement
products and provided further that all insurance money collected by
the member of the Industry as a result of said loss shall be applied
on the old indebtedness, if any, before it may be accepted as a cash
payment for said replacement products.
6. In the event any customer or prospective customer elects to pay
all cash for products sold on contract by any member of the Indus-
try such customer or prospective customer is to be allowed a maxi-
mum cash discount of five (5^ percent, provided the full cash pay-
ment is secured within ten (10) days from delivery of said products,
otherwise regular prices and terms shall apply.
6. All shipments of products made by members of the Industry
shall be " Shippers order notify " and Bill of Lading and settlement
papers shall be attached to draft for cash payment, except that gin
machinery orders amounting to less than one thousand (1000) dollars
and repair parts may be shipped open.
7. In the event any products of any member of the Industry have
to be shipped to a " Prepaid Station '^ or delivered to wagon or truck,
• See paragraph 2 of order approving this Code.
158
the original cash payment shall be secured before such products are
shipped or delivered.
8. All quotations, estimates and sales contracts made by any mem-
bers of the Industry, shall be F.O.B. their respective factories, pro-
vided, however, that freight charges may be equalized with Dallas,
Texas or Atlanta, Georgia.
Article X — Specific Provisions Applicable to Linter
AND Gin Saws
1. Any member of the Industry selling linter or gin saws shall
adhere to terms of thirty (30) days net, and maximum cash dis-
count of two (2) percent if products are paid for within ten (10)
days from date of shipment.
2. Full freight charges may be allowed by any members of the In-
dustry, on gin saws if sold and shipped to jobbers of same.
3. Freight charges may be equalized with Atlanta, Georgia ; Mem-
phis, Tennessee; Dallas, Texas* Birmingham, Alabama, when any
member of the Industry sells gin saws or linter saws direct to con-
sumers. Equalization of freight charges with Macon, Georgia may
be made on sales of linter saws only.
Article XI — Protections and Repossessions
1. Nothing contained in this Code shall be construed as prohibiting
any member of the Industry from exercising all its and/or their
legal rights in the protecting, insuring, paying taxes on or buying-in
re-possessed products, property, buildings or real estate.
Article XII — Monopolies
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 XIII — Modifications
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance ^vith 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 regidation issued imder Title I of 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 bo based upon application to the Administrator and
such notice and hearing as lie shall specify, and to become effective on
approval of the Administrator.
Article XIV — Effective Date
This Code shall become effective on the first Monday after its
approval by the Administrator.
Ai)proved Code No. 485.
itegiatry No. 1333-1-05.
o
Approved Code No. 486
CODE OF FAIR COMPETITION
FOR THE
COMMERCIAL VEHICLE BODY INDUSTRY
As Approved on July 16, 1934
ORDER
Approvixg Code of Fair Competition for the Commercial
Vehicle Body 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 Commercial Vehicle Body Industry, and
hearing 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: '
NOWj 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, that this Code of Fair Competition shall not be
applicable to the repairing of the products of the industry by em-
ployees of the owner of such procfucts other than a manufacturer
for sale of such products, or where such repairing is done within'
the definition of another Code of Fair Competition approved prior
to the date hereof ; and
PROVIDED, further, that within ninety (90) days after the
effective date of this Code, the Code Authority shall make a special
study and report to the Administrator, to determine whether the
minimum wages provided in Article IV are adequate; and
PROVIDED, further, that in addition to the membership in the
Code Authority as provided in Section 2 of Article VI of this Code,
the Administrator may require the selection, by a method approved
or prescribed by him, of two persons to represent non-members of
the National Association.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
C. E. Adams,
Division A dministrator.
Washington, D.C,
July 16, 1934.
74225° 829-88—34 (I59)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : The proposed Code of Fair Competition for the Commercial
Vehicle Body Industry was submitted to the Administrator on July
29, 1933, by the National Association of Commercial Vehicle Body
Manufacturers, Incorporated, representing approximately 80% of
the production of commercial body manufacturers.
The Hearing was conducted in Washington on January 12, 1934,
and the Code was revised during the recess of this Hearing and is
submitted in its present form for approval. Every person who
requested an appearance was properly heard in accordance with
statutory and regulatory requirements.
The Industry is nation-wide in scope and has enjoyed a large
increase in number of establishments, particularly among the smaller
units. Owing to the lack of a National Trade Association in former
years, accurate data on invested capital, employees engaged and
annual sales are not available. However, in 1931 there were 501
concerns, as contrasted with approximately 1,500 in 1933. About
25,000 workers were employed in 1929 against 15,100 in February,
1934. Present invested capital is estimated to be in the neighborhood
of $50,000,000, while aggregate annual sales of $43,358,000 in 1929
compare with $41,780,000 in 1932.
Wages, particularly in the South, were in many instances as low
as 100 per hour. Immediate relief was afforded by the Puesident's
Reemployment Agreement, so that the present wage scale, with
certain exceptions, approximates the wages established by this Code.
Article I. Pur-poses. — States the purpose of the Code.
Article II. Definitions. — Accurately defines specific terms appli-
cable to the Commercial Vehicle Body Industry as used in this Code.
Article HI. Hours. — The maximum hours are limited to 40 hours
per week, except that to take care of exceptional demand employees
may work 48 hours per week during any six weeks in any period of
26 weeks.
A further exception is made in the case of watchmen who are
limited to a maximum of 56 hours per week, and emergency crews,
employed because of highway accidents, who are limited to a maxi-
mum of 56 hours in any one week, but not more than 40 hours per
week averaged over a four weeks' period. Employees engaged in a
managerial or executive capacity who receive not less than $35.00
per week, and traveling salesmen, are not subject to any hourly
limitations.
Article IV. Wages. — The minimum wage for employees, except
for certain classifications enumerated hereafter, is 371/2^- per hour
in cities of more than 250,000 population, 850 per hour in cities or
towns of less than 250,000 populatum, except that in certain Southern
(ICO)
161
states the minimum wage is 321/^^ per hour, irrespective of popula-
tion. Female employees replacing men, or performing similar work,
are to receive the same wages as male employees. Apprentices may
be emploj^ed for a period not exceeding one year, at not less than.
80% of the prevailing minimum wage. Employees in accounting,
clerical, office, service and sales work are to be paid not less than
$15.00 per week in cities of 250,000 population or over, and not less
than $14.00 per week in cities of less than 250,000 population, except
that in certain Southern states the minhnum is $14.00 per week
irrespective of population. Provision is made for the employment
of handicapped persons. The minimum rate of pay applies irre-
spective of whether an employee is paid on a time rate, piece-work,
or other basis. Equitable adjustments of all pay schedules above
the minimum are to be made.
Article V. General Labor Provisions. — Provides that no person
under 16 years of age may be employed and that no jjerson under
18 years of age may be employed at hazardous or dangerous occupa-
tions or operations. Also includes the mandatory provision re-
specting the rights of employees to organize and bargain collectively.
Provides further for the regulation of reclassification of employees,
tlie posting of copies of this Code in accessible places, standards or
safety and health and the observance of State Laws.
Article VI. Adriiinistration. — Establishes a Code Authority of
not more than nine members appointed by the Board of Directors
of the National Association, and one from each present or future
National Trade Division approved by the Administrator. Outlines
the duties and powers of the Code Authority.
Article VIL Trade Practices. — Sets forth fair trade practices for
this Industry, including a prohibition against selling below cost.
Article VIII. General. — Provides for the safeguarding of dan-
gerous equipment used in painting. Limits purchasing from indi-
viduals or firms to those operating under a Code if such individuals
are subject to an approved Code. Sets forth provisions respecting
modification and amendments, including the mandatory provision of
Section 10 (b) of Title I of the Act.
Article IX. Export Trade. — Provides for the exemption of ex-
port trade or sales or shipments for export trade from the provisions
of this Code relating to terms of sales, etc.
Article X. Monopolies. — No provision of this Code is to be so
applied as to permit monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
Article XL Effective Date. — Defines the eft'ective date.
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 in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
162
ment under adet^uate 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 tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, bv 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 Sub-section (a) of Section 3, Sub-section (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
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, this Code has been approved.
Respectfully,
Hugh S. Johnson,
Adminisi»'ator.
July 16, 1934.
CODE OF FAIR COMPETITION FOR THE COIVBIERCIAL'
VEHICLE BODY 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 Commercial Vehicle Body Industry, and
shall be the standards of fair competition for said Industry and
shall be binding upon every member thereof.
Article II — Definitions ^
1. The term " Commercial Vehicle Body Industry " or " Indus-
try " as used herein is defined to mean the manufacture and sale,
and/or repairing of horse-drawn vehicles (except horse-drawn farm
vehicles) , all types of motor vehicle bodies used commercially, (ex-
cept those manufactured by or sold to the manufacturer or assembler
of motor vehicle chassis) , and trailer and semi-trailer bodies, (except
such bodies as are manufactured by the manufacturers of trailers
and semi-trailers, provided such bodies are attached to and sold as
an integral part of trailers and semi-trailers by the manufacturers
thereof).
2. The term " repairing " as used herein shall include, in addition
to general repairing, emergency road service, painting, lettering, art-
work and such chassis repairing as is incidental thereto.
3. The term " productive work " as used herein is defined to mean
all employment used in the operation of metal, wood, and fabric
working machinery, cutting and welding equipment, paint spraying
equipment and all other equipment and tools ordinarily used in a
vehicle body plant and used in the preparation of material, manu-
facturing, assembling and finishing of the products to be sold, serv-
iced and repaired.
4. The term " employee " as used herein includes any and all per-
sons engaged in the Industry, however compensated, except a mem-
ber of the industry.
5. The term " employer " includes anyone for whose benefit such
an employee is so engaged.
6. The term " member of the Industry " means, but without limita-
tion, any person, partnership, association, corporation or other legal
entity engaged in the Industry, either as an employer or on his or its
own behalf.
7. The term " National Association " as hereinafter referred to
shall be defined to mean the " National Commercial Vehicle Body
Association."
^ See paragraph 3 of order approving this Code.
(163)
164
8. 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.
9. " Population " for the purposes of this Code, shall be deter-
mined by reference to the latest Federal Census.
Article III — Hours
' 1, On and after the effective date no employee in the Industry
shall be permitted to work in excess of forty (40) hours in any
seven (7) day period, whether employed by one or more employers,
except as herein below otherwise provided.
2. Employees may be permitted to work in excess of the maximum
hours provided in Section 1 of this Article during any six (6)
weeks in any twenty-six (26) weeks period, provided that during
such six (6) weeks such overtime shall not exceed eight (8) hours
in any seven (7) day period.
3. Watchmen shall not be permitted to work in excess of fifty-six
(56) hours in any one week.
4. Outside emergency crews engaged in emergency repair work
made necessary because of accidents or breakdowns on the highways
shall not be permitted to work in excess of fifty-six (56) hours in
any one week nor more than one hundred sixty (160) hours in any
four weeks period.
5. The provisions of this Article limiting hours of work shall not
apply to traveling salesmen, nor to persons who are paid not less
than thirty-five dollars ($35.00) per week employed in a managerial
or executive capacity.
6. No employee shall be permitted to work more than six (6)
days in any seven-day period.
7. Every employer and every partner in any partnership engaged
in the Industry shall be subject to the provisions as to hours of labor
prescribed for employees in this Code insofar as they perform the
functions of such employees.
Article IV — Wages*
1. On and after the effective date the minimum wage that shall
be paid employees in the Industry, except as otherwise provided in
Paragi-aphs 2, 8, 4, and 5, of this Article, shall be at the rate of
thirty-seven and one-half cents (3714^) per hour in all cities with
a population of 250,000 or over, thirty-fiv^e cents (35^) per hour in
all cities and towns with a population less than 250,000 except in the
following states :
North Carolina Florida Texas
South Carolina Tennessee Mississippi
Georgia Louisiana OkLahoma
Alabama Arkansas
in which states the minimum hourly rates shall be thirty-two and
one-half (32i/^) cents per hour.
■ See paragraph 4 of order approving this Code.
165
2. Female employees performing substantially the same work
as male employees shall receive the same rate of pay as male em-
ployees; and where they displace men, they shall receive the same
rate of earnings as the men they displace.
3. The hours and wages of regularly indentured apprentices in
skilled trades or occupations of the industry may depart from the
standards hereinabove prescribed; provided that the terms of em-
l^loyment and the course of instruction of such apprentices shall
conform to standards uniform tliroughout the trade or industry and
approved by the Administrator.
4. Employees in accounting, clerical, office, service and sales work
shall receive not less than fifteen dollars ($15.00) per week in any
city of 250,000 population or over, or in the immediate trade area of
such city, nor less than fourteen dollars ($14.00) per week in any
city of legs than 250,000 population, except that in the states of
North Carolina
Florida
Texas
South Carolina
Tennessee
Mississippi
Georgia
Louisiana
Oklahoma
Alabama
Arkansas
the minimum shall be fourteen dollars ($14.00) per week irrespec-
tive of population.
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 designated by the United States
Department of Labor a cerificate 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.
6. 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.
7. Each employer shall make an equitable adjustment of all pay
schedules above the minimum and not later than thirty (30) days
after the effective date of this Code, each employer in the Industry
shall report to the Administrator, through the Code Authority here-
inafter provided for, the action taken by such employer since June
16, 1933 in adjusting the hourly wage rates for all employees receiv-
ing more than the minimum rates. Such adjustment shall not re-
duce the hourly wage rate of any such employee.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
m 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 for ap-
proval within sixty (60) days after the approval 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 valid certificate or permit duly signed by the Authority in
each State empowered to issue employment or age certificates or
permits showing that the employee is of the required age.
166
2. The following provisions of Section T (a) of the Act are hereby
made a part of this Code :
(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 or 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;
(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;
(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.
3. No employer shall reclassify employees or duties of occupations
performed or engage in any subterfuge for the purpose of defeating
the purposes or provisions of the Act or of this Code.
4. All employers shall post and keep posted copies of this Code
in conspicuous places accessible to all employees. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Administrator.
5. 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 of safety and health shall be sub-
mitted by the Code Authority to the Administrator for approval
within three (3) months after the effective date of this Code.
6. Within each state, members of the Industry shall comply with
any Federal laws or any laws of such state imposing more stringent
requirements, regulating the age of employees, wages, hours of work,
or health, fire or general working conditions, than under this Code.
Article VI — Administeation
1. To further effectuate the purposes of Title I of the National
Industrial Recovery Act a Code Authority is hereby set up to cooper-
ate with and assist the Administrator in the administration of this
Code. • . _
2. The Code Authority shall consist of tlie following members :
Not more than nine (9) appointed by the Board of Directors of the
National Association ;
One (1) ajopointed by each national trade division of the Industry
that may be set up within the National Association and approved by
the Administrator.
One (1) appointed by each national trade division of the Industry
organized outside the National Associaj:,ion and approved by the
Administrator;
Not more than three (3) appointed by the Administrator, but with-
out voting power;
One (1) appointed by the Board of Directors of the National As-
sociation who shall be the Secretary and Executive Officer of the
Code Authority but without voting powcr.^
I • See paragraph 5 of order approving this Code.
167
8. The Code Authority shall have the following duties and powers
subject to guch rules and regulations as the Administrator may
prescribe:
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of tlie industry with the provisions of
the Actj
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code j
(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 to such Federal and State agencies
as he may designate ; provided that nothing in this Code shall relieve
any member of the Industry of any existing obligations to furnish
reports to any govermnental agency. No individual reports shall
be disclosed to any other member of the Industry or any other party
except to such agencies as may be designated by the Administrator;
(d) To cause to be formulated an accounting system and methods
of cost finding and/or estimating capable of use by all members of
the Industry and upon approval by the Administrator to require
all members to maintain an accurate record of cost in such manner
as will make available to an impartial agency the information re-
quired by such system and methods j
(e) To recommend to the Administrator fair trade practice pro-
visions to govern members of the Industry in their relations with
each other or with other industries and to recommend to the Admin-
istrator measures for industrial planning, including stabilization of
employment ;
(f ) To designate, upon complaint of violation of this Code, a dis-
interested and impartial agency to investigate such books and records
as may be necessary to gather data in respect to such alleged viola-
tion. For the purpose of obtaining necessary facts relating to a
complaint, the Code Authority may request the appearance of the
employer, employees and complainant involved in any complaint;
(g) To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes
as may be related to the Industry for the purpose of formulating
fair trade practices to govern the relationships between employers
under this Code and under such other codes to the end that such fair
trade practices may be proposed to the Administrator as amend-
ments to this Code and such otiier codes.
4. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
168
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of
the Industry ;
(c) After such budget and basis of contribution have been ap-
proved hj the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry, and
to that end, if necessary, to institute legal proceedings therefor in its
own name.
5. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided (unless duly exempted from maldng such contribution), shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
6. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
Administrator ; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
7. Nothing in this Code shall constitute the membere 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, bei liable to anyone
for any action or omission to act under this Code, except for his
own willful malfeasance or nonfeasance.
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 restriction on membership, and (2) 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 effectuate the
purposes of the Act.
0. 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 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 of the Code Authority.
10. If the Administrator shall at any time determine that any
action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
169
inyestigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (dO) days' notice to him of intention
to proceed with such action in its original or modified form.
Article VII — Trade Practices
The following practices constitute unfair methods of competition
and are prohibited.
1. False Marking or Branding. — Falsely marking or branding any
product of this Industry which has the tendency to mislead or de-
ceive customers or prospective customers in some material particu-
lar, whether as to the grade, quality, quantity, substance, character,
nature, origin, size, finish or preparation of any product of the
Industry, or otherwise.
2. Murepresentation or False or Misleading Advertising. — Mak-
ing or causing or knowingly permitting to be made or published any
false, misleading, materially inaccurate or deceptive statement by
way of advertisement or otherwise, whether concerning the grade,
quality, substance, character, nature, orimn, size, finish, or prepara-
tion of any product of the Industry, the credit terms, policies or
services of any member of the Industiy, or otherwise.
3. Faulty Description. — Making any sale or contract of sale of
any product under any description which does not fully describe such
product in terms customarily used in the Industry.
4. Commercial Bribery. — Giving, permitting to be given, or di-
rectly offering 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 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.
5. Giving of Frizes or Gifts. — Offering or giving prizes, f^ifts or
premiums in connection with the sale of products, or as an induce-
ment thereto, except as offered or given to all customers of the same
class; or offering or giving any premiums in connection with any
plan or any scheme which involves lottery, misrepresentation or
fraud.
6. Rendering Free Service. — Rendering to any purchaser of any
product or in connection with the sale of such product any service,
except pursuant to warranty, unless fair compensation for such
service shall be paid by such purchaser.
7. Interference With Another^s Contracts. — Inducing or attempt-
ing to induce the breach of an existing contract between a competitor
and his customer or source of supply; or interfering with or ob-
structing the performance of such contractual duties or services.
8. Defatnaiion. — Defaming competitors by falsely imputing to
them dishonorable conduct, inability to perform contracts, question-
able credit standing ; or by other false representations ; or by falsely
disparaging the grade or quality of their goods, or the conditions
of employment among their employees.
170
9. Espionage of Com'petitoTS. — 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.
10. Tertns of Sale. — (a) Making of conditions and terms of time
sale to consumers other than to conform in every respect to the con-
ditions and terms of a reputable finance corporation doing or offering
to do business in this industry in the trade area where the sale is
made.
(b) Making other than tim.e sales to consumers on new bodies,
other equipment and repairs, on terms other than net cash on deliv-
ery except where satisfactory credit arrangements are made. Not
less than six per cent (6%) interest per annum shall be charged
on all overdue accounts. Payments shall include all taxes applicable
to sales under (a) and (b) herein.
11. Secret Rehates. — Secretly offering or making any payment
or allowance of a rebate, refund, commission, credit, unearned dis-
count or excess allowance, whether in the form of money or other-
wise; or secretly offering or extending to ajiy customer any special
service or privilege not extended to all customers of the same class,
for the purpose of influencing a sale.
12. False Billing and Quoting. — Knowingly witholding from or
inserting in any quotation or invoice any statement that makes it
inaccurate in any material particular.
13. Guarantee of Prices. — Making contracts, accepting orders or
other commitments ^aranteeing prices, except upon bona fide orders
for definite quantities and definite times of delivery, or giving to
any purchaser of any product any guarantee in any form against
decline in the market price of such product.
14. Trade Mark Piracy. — Imitating the trade marks, trade names,
slogans or other marks of identification of competitors, having the
tendency and capacity to mislead or deceive customers or prospective
customers in any material particular.
15. Sales Below Cost. — On and after the effective date, making any
sale of or offering for sale any products of the Industry, or making
repairs thereto, or rendering service thereon at less than his cost as
determined under Article VI, Section 3, Paragraph (d), except in
cases of the usual warranty, provided, however, that any member of
the Industry may sell or service the products of the Industry below
his individual cost in order to meet the competition of any other
member of the Industry who is not violating the provisions of this
section. The provisions of this section shall not apply in cases where
bodies and component parts thereof become obsolete because of
dimension and appearance change, when they may be sold at distress
prices, provided, however, that such sales shall not in any one year
exceed fifteen percent (15%) by unit volume of the total sales of the
company affected. Should there be a surplus of obsolete bodies and
component parts now on hand exceeding fifteen percent (15%), such
information shall be submitted to the Code Authority for permission
to liquidate these bodies and parts as soon as possible and at the
best prices obtainable. Within six (6) months the Code Authority
shall submit for the approval of the Administrator a report on the
working of the distress sale provision with recommendations for any
change or modifica-tion of the percentage allowable.
171
Article VTII — General
1. The operation of paint spraying equipment in such places and
under such conditions, without adequate exhaust ventihition, as are
ordinarily considered contrarj^ to building codes and the regulation
of fire prevention bureaus, is prohibited.
2. (a) On or after the effective date, no member of the industry
shall purchase any goods, wares or merchandise (hereinafter called
goods), or services, used in the industry, which are manufactured
or sold, in whole or in part, by a vendor who does not represent that
he is in fidl compliance with the approved code of fair competition,
agreement or license (if any) applicable to the industry of such
vendor; provided that any member of the industry, exercising due
diligence in any such purchase of goods or services to comply with
the jjrovisions hereof, shall not be deemed in violation hereof. Deliv-
ery of a certificate of such vendor that he or it is complying in every
particular with the code, agreement or license applicable to such
vendor, the display of proper N.R.A. insignia, or the publication in a
newspaper or periodical of general circulation of such certificate of
compliance or insignia sliall constitute a good and sufficient repre-
sentation of compliance hereunder.
(b) Upon application, or upon his own motion, the Administrator
may grant exceptions or exemptions from provisions hereof if it
shall appear:
(1) That the vendor of any such goods or services is not sub-
ject to a code of Fair Competition, agreement or license approved
under the Act; or
(2) That compliance herewith would create undue hardship
or injustice or would not tend to effectuate the purposes of this
Code or the policy of the Act.
(c) No member of the industry shall make or cause to be presented
or published any such representation which shall be false in any
material particular.
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 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 Vv^ithout 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.
4. 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
by the Code Authority and to become effective on approval of the
Administrator after such notice and hearing as he shall specify.
Article IX — Export Trade
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or
shipments for export trade. " Export Trade " shall be as defined
in the Export Trade Act adopted April 10, 1918.
172
Article X — Monopolies
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 — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 4S6.
Registry No. 1405-01.
O
Approved Code No. 487
CODE OF FAIR COMPETITION
FOR THE
IMPORTING TRADE
As Approved on July 20, 1934
ORDEK
Code of Fair Competition for the Importixg 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 Importing Trade and hearings having been
held thereon and the annexed report on said Code, containing find-
ings 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 tliat 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 :
Robert L. Houston,
Division Administrafor.
Washington, D.C,
July 20, 193Jf.
75205° 829-120 34 1 (173)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report of the Hearing on the Code of Fair Competi-
tion for the Importing Trade, conducted in the Sun Room of the
Washington Hotel, April 7, 1934. The Code wliich is attached, was
presented by duly qualified and authorized representatives of the
Trade, complying with the statutory requirements, said to represent
75 per cent in number and 75 per cent in volume of sales of the Trade
which could be included in tliis Code.
THE TRADE
According to statistics furnished by members of the Importing
Trade, there are approximately 1100 establishments with aggregate
annual sales of approximately $760,000,000. The Trade employs
about 23,000 persons. The Code is defined to govern orwly those im-
porters who are not governed by any other approved Code of Fair
Competition, the above statistics referring only to importers who are
not now governed by other approved codes.
LABOR PROVISIONS
The Code provides for a work week of 40 hours with certain neces-
sary exceptions among which are : Porters, engineers, firemen, electri-
cians and outside installation and repair men are permitted to \>ork
44 hours per week and watchmen are permitted to work 54 hours per
week. Provision is made whereby an employer may work an em-
ployee as many as 8 hours in excess of the hours mentioned above,
if time and one-third is paid for such additional hours per week.
The rates of pay, with certain exceptions for learners and junior
employees, are $15.00 per week of 40 hours in cities of over 500,000
population, or in the immediate vicinity thereof, and $14.00 per week
of 40 hours in all other places, except in the South, which is defined to
read as prescribed, at $1.00 less than the rate otherwise applicable.
Part time employees and employees paid on piece rate basis shall
receive a minimum of 40^ per hour irrespective of their method of
compensation, this being a slightly higher hourly minimum than is
provided for full time employees.
TRADE PRACTICE PROVISIONS
The Trade Practices proposed in Article VII of the Code are not
in any respect objectionable. Most of these Trade Practice Pro-
visions are similar to the Trade Practice Provisions contained in the
Code of Fair Competition for the Wholesaling or Distributing
(174)
175
Trade. The provision prohibiting inaccurate labeling, branding and
packing of goods is designed particularly to protect both domestic
manufacturers and importers from any unfair advantage which
might be gained by the misleading appearance of imported goods.
CODE ADMINISTRATION
The General Importers Code Authority is authorized in Article
VI to take any necessary action on the request of any trade, group
or individual governed by this Code to represent them in the case
of actions filed against them under Title I, Section 3 (e) of the Act
by domestic manufacturers and others who desire protection from
allegedly lower prices of imported products. This seems to be a
very desirable provision in that it will afford importers representa-
tion by a body which will be best able to gather and present the
necessary facts in support of the importers' position and may make
it possible to handle such cases with greater dispatch.
The Administration of the Code is organized in accordance with
commodity divisions.
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
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 elimi-
nating unfair competitive practices, by promoting the fullest possible
use 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 inclustrial and agricul-
tural products through increasing purchasing power, by reducing
and relie^dng unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 employees
and it 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 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.
176
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to the approval of this
Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
Adtninistrator.
July 20, 1934.
CODE OF FAIK COMPETITION FOE THE IMPOKTING
TRADE
Article I — Purposes
Section 1. To effectuate the policies of Title I of the National In-
dustrial Recovery Act, tliis Code is established as a Code of Fair
Competition for the Importing Trade, and its provisions shall be
the standards of fair competition for such Trade and shall be binding
upon every member thereof.
Section 2. To afford the means of effective preparation and proper
presentation of all relevant import factors, with reference to the pos-
sible application of the special provisions governing imported prod-
ucts, contained in Title I, Section 3 (e) of the Act.
Article II — Definitions
Importer. — For the purposes of this Code, an " Importer " shall
be defined, but without limitation, as any individual, partnership,
corporation, association, or other form of enterprise, or any organized
division thereof, principally engaged in importing merchandise,
and/or principally engaged in the sale of imported merchandise to
manufacturers, wholesalers, retailers, and/or to institutional, com-
mercial, and/or industrial users; provided, however, that this Code
shall not govern the importation of merchandise which is solely for
the consumption of the Importer, and not for resale. Modifications
of, or extensions to this definition, or anj part thereof, may be made
for specific divisions when embodied in any appropriate Supple-
mental Code, or when recommended by the appropriate Divisional
Code Authority and approved by the Administrator.
The Trade. — The term " Trade " is defined to be the business in
which Importers, as above defined, are engaged.
Employer. — The term " mployer " 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.
Em.ployer. — The term " Employer " as used herein, includes any-
one by w^hom such employee is compensated or employed.
Ultimate Consumer. — The term " Ultimate Consumer " as used
herein is defined as a purchaser for home and/or personal use, ancl
not for use or consumption in trade or business or by institutions.
Porter. — The term " Porter " as used herein is defined as an em-
ployee who, in addition to other maintenance duties, is responsible
for opening and closing the establishment by which he is employed.
President^ Act., Administrator. — The terms "President ", "Act ",
and "Administrator ", as used herein shall mean, respectively, the
(177)
178
President of the United States, Title I of the National Industrial
Kecovery Act, and the Administrator for Industrial Recovery.
Population for the purposes of this Code shall be determined by
reference to the latest Federal Census.
Article III — Hotjrs
Section 1. Maximum Hours and Exceptions shall be as follows:
(A) No member of the Trade shall cause or permit any employee,
except an employee in an executive, supervisory, professional, or
personal secretarial capacity, who receives a salary or guaranteed
minimum of thirty-five dollars ($35.00) per week or more, and except
outside salesmen, to work more than forty (40) hours in any one
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 with the
approval of the Administrator), except as hereafter specified.
(B) No employee, except those exempted in paragraphs (A) and
(B) of this Section, shall be permitted to work more than eight (8)
hours in any one day, except that an extra hour's work may be
worked on any day if one hour be deducted from the normal working
hours of any other day of the same week.
(C) Porters, engineers, firemen, electricians, and outside installa-
tion and repair men, shall not be permitted to work in excess of
forty-four (44) hours nor more than six (6) days in any seven (7)
day period.
(D) Watchmen shall not be permitted to work more than nine (9)
hours in any one day, nor more than fifty-four (54) hours, nor more
than six (6) days in any seven (7) day period.
(E) An employer may work an employee such hours as may be
necessary in excess of the hours specified in (A), (B), (C), and (D),
of this Section, if time and one-third is paid for all such additional
hours per week, but in no case shall any employee, other than cable
clerks, shipping document clerks, and inside emergency repair men,
be permitted to work more than eight (8) hours per week in excess
of his regular hours specified above.
(F) Employers shall so arrange matters that the hours worked by
any employee in any one day shall be consecutive with the exception
of not more than one hour for lunch.
Section 2. Enifloyiiicnt hy Several Evi'ployers. — 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 Trade, or in any other trade or industry,
exceeds the maximum permitted herein.
Article IV — Wages
Section 1. No employee, irrespective of his method of compensa-
tion, shall be paid less than the following weekly wage :
(A) In cities of five hundred thousand (500,000) population or
over, or in the immediate trade area thereof, at the rate of fifteen
dollars ($15.00) per week of forty (40) hours.
(B) In places of less than five hundred thousand (500,000) popu-
lation, at the rate of fourteen dollars ($14.00) per week of forty
(40) hours.
179
Provided, however, that in the South the rate may be one dollar
($1.00) per week less than the rates specified above in this Section.
The term '' the South " means the following states : Virginia, West
Virginia, Kentucky, Maryland, District of Columbia, Tennessee,
North Carolina, South Carolina, Georgia, Florida, Alabama, Mis-
sissippi, Arkansas, Louisiana, Oklahoma, and Texas.
(C) A part-time employee or one paid on an hourly basis, shall
be paid not less than forty cents (400) per hour. Any employee
working less than the regular full time hours per week shall be con-
sidered a part-time employee. Employers may establish a regular
full time week of less than the hours specified herein for all or
part of their employees; provided, however, that the minimum
weekly wages established herein shall not be reduced, notwithstand-
ing such reduction of regular full time weekly hours. Employees
paid on a piece-rate basis shall receive not less than forty cents
(400) per hour for each hour during which they are at the service
of their employer, irrespective of the piece-rate basis of their
compensation.
(D) Junior employees between the ages of 16 and 18 years, in-
clusive, may for the first six months of their employment be paid
at the rate of two dollars ($2.00) less per week than the minimum
wage rate per week otlierwise applicable to them; and learners over
18 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 and compensated as juniors or
learners combined shall not exceed the ratio of one such employee to
every ten employees or fraction thereof.
(E) All wages due shall be paid not less than once per month in
lawful money or by negotiable check, payable on demand.
Section 2. No employee whose normal full time weekly hours as of
July 1, 1933, or the date of employment, whichever is later, are re-
duced by twenty per cent (20%) or less, shall have his or her full
time weekly earnings as of July 1, 1933, or the date of employment,
whichever is later, reduced. No employee whose normal full time
weekly hours as of July 1, 1933, or the date of employment, which-
ever is later, are reduced by more than twenty percent (20%), shall
have his or her full time weekly earnings as of July 1, 1933, or the
date of employment, whichever is later, reduced by more than ten
percent (10%).
Article V — General Labor Provisions
Section 1. Minivvum Age Requireinents. — No person under 16
years of age shall be employed in the Trade, nor anyone under 18
years of age, at operations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator a
list of such hazardous and unhealthful occupations not more than
thirty (30) days after such Code Authority is established and ap-
proved by the Administrator. 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 tliat the emploj^ee is of the required age.
75205°— 829-120 34 2
180
Section 2. Employee Rights and Einployers Duties. —
(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 pur-
pose 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 by the President.
Section 3. Precedence of Federal mid State Laws. — No provision
in this Code shall supersede any Federal or State Law which im-
poses on employers more stringent requirements as to age of em-
ployees, 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.
Section 4. Reclassification of Employees. — No employer shall
reclassify employees or duties of occupations performed or engage
in any other subterfuge, so as to defeat the purposes or provisions
of the Act or of this Code.
Section 5. Posting Code. — Each employer shall post in conspicu-
ous places accessible to all employees, full copies of the labor pro-
visions of this Code, together with such amendments and modifica-
tions as may hereafter be made. Every employer shall comply with
the rules and regulations relative to the posting of provisions of
Codes of Fair Competition which may from time to time be pre-
scribed by the Administrator.
Section 6. Protection of Gonnplainmvts. — No employee shall be
dismissed by reason of making a complaint or giving evidence in
respect to an alleged violation of this Code.
Section 7. Protection of Employees. — Every employer shall make
reasonable provisions for the safety and health of his employees at
the place and during the hours of their employment. Standards of
safety and health shall be submitted by the General Importers Code
Authority to tlie Administrator within three (3) months after the
effective date of this Code.
Article VI — Codes, and the Administration Thereof
Seciton 1. General and Supplemental Codes. —
(A) To provide an effective procedure for the administration of
this Code and all Codes supplemental thereto, the Trade shall be
divided into commodity divisions, as hereinafter provided.
(B) Provisions governing importers in all commodity divisions
are included in this General Importers Code.
(C) Provisions governing importers in one or more, but not in
all commodity divisions, may be embodied in a supplemental code
for each division, after hearing before the Administrator and
approval thereof.
181
Sections. General Importers Code Authority. —
(A) The creation of a General Importers Code Authority to
cooperate with the Administrator in tlie administration of the pro-
visions of this General Importer 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) The General Importers Code Authority shall be divided into,
but not limited to, three major Sections, representing 1. Crude and
semi-finished materials, 2. Food products, 3. Manufactured goods
ready for re-sale.
(1) Each of the major Sections shall consist of not less than three
members, not more than one of whom shall be selected from each
qualified trade in that Section. The Adaninistrator, in his discre-
tion, may appoint one or more additional members, without vote, to
represent the Administrator.
(2) Until such time as the General Importers Code Authority is
elected as herein provided, the Central N.E.A. Committee for Import
Trade Codes, which Committee has presented the Code on behalf of
the Trade, shall act as the General Importers Code Authority.
(C) The General Importers Code Authority sliall have the follow-
ing duties and powers subject to such rules and regulations as may
from time to time be issued by the Administrator, in addition to the
other powers herein granted :
(1) To supervise and coordinate the administration of Supple-
mental Codes by the Divisional Code Authorities; to administer the
Code directly to members not having Divisional Code Authorities;
and to coordinate the administration between such members and Di-
visional Code Authorities having jurisdiction over other commodity
groups, in order to prevent conflicts of authority and to minimize
overlapping of powers.
(2) To hear all matters pertaining to the provisions of the Gen-
eral Importers Code which may be submitted to it by any Importer
or Divisional Code Authority; and to attempt to adjust and/or to
report the same with recommendations to the Administrator.
(3) To adopt by-laws and rules and regulations for its procedure
and for the administration of this Code; to elect oiRcers, and to em-
ploy a staff as needed to exercise its functions.
(4) To require from Importers and from Divisional Code Au-
thorities such information and reports as are necessary to effectuate
the purposes of this Code, provided, however, except as otherwise
provided in the Act, or in this Code, all statistics, data, and infor-
mation filed or required in accordance with the provisions of this
Code shall be confidential, and handled by an impartial agency, and
the statistics, data, and information of one member shall not be re-
vealed to another member, including members of the General
Importers Code Authority; no such data or information shall be
published, except in combination with other similar data, and in
such manner as to avoid the disclosure of confidential information.
(5) To use such Trade Associations or 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
182
Trade Associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(6) To make investigations as to the functioning or observance
of any provisions of the General or Supplemental Codes; provided,
however, that the General Importers Code Authority shall not in-
vestigate, nor attempt to adjust complaints of violation of the labor
provisions of this Code, until so authorized by the Administrator.
(7) To appoint Trade Practice Committees which shall meet with
the Trade Practice Committees appointed under such other Codes
of Fair Competition as may be related to the import trades, for the
purpose of formulating fair trade practices to govern the relation-
ships between employers under this Code and such others, to the
end that such fair trade practices may be proposed to the Adminis-
trator as amendments to this Code and such other Codes.
(8) To elect a representative to serve on any Coordinating or Ad-
visory Committee which may subsequently be established for the
entire wholesale, retail, importing, exporting, and manufacturing
branches of any trade or industry, and to cooperate with such com-
mittee for the purpose of achieving uniform basic trade practice
provisions or with respect to any functions which may be delegated
to it by the Administrator.
(9) To take any necessary action on formal request of any trade,
group, or individual governed by this Code to protect them from
actions filed under Title I, Section 3 (e) of the Act, or to represent
them in any negotiations relevant to the Importing Trade, entered
into with any Department of the Government, or with domestic pro-
ducers, manufacturers or associations of the same, expenses incurred
thereby to be for account of the parties directly interested.
(10) To present to the Administrator reports and recommenda-
tions based on conditions in the Trade, which will tend to effectuate
the purposes of the Act, such recommiendations upon approval of
the Administrator to become operative as a part of this Code; pro-
vided, however, that any Importer affected thereby, shall have the
right to be heard by the General Importers Code Authority and the
Administrator.
(11) To recommend to the Administrator any modification of this
Code, either on its own initiative, or on request by any branch of
the Trade.
(12) To establish from time to time as necessary, coordinating
committees to investigate matters arising between various Divisions
of the Trade, which committees may make recommendations to the
General Impoi-ters Code Authority, as a result of such investiga-
tion.
(13) To submit to the Code Authority members representing a
particidar major Trade Section, as established in Sub-section (B)
of this Section, matters concerning Importers in such major Trade
Section, for investigation and recommendation to the General
Importers Code Authority as a whole.
(14) To exercise all general powers necessary to assist the Ad-
ministrator.
Section 3. Divisional Code Authorities. — Each Divisional Code
Authority shall consist of not less than three nor more than fifteen
members, selected by the members of the Division of the Trade for
183
which its Supplemental Code has been approved, in accordance
with a fair method to be provided in the Supplemental Code of
each Division,
(A) The Administrator, in his discretion, may appoint one or
more additional members, to aiiy Divisional Code Authority, without
vote, to represent the Administrator.
(B) Each Divisional Code Authority shall have the following
duties or powers :
1. To administer for its own Division of the Trade its Supple-
mental Code and the General Code, subject to the supervision of
the General Importers Code Authority and the Administrator.
Firsts with respect to the provisions of the General Code which
govern all Divisions of the Trade, each Divisional Code Authority
subject to the approval or request of the General Importers Code
Authority :
(1) Shall require from Importers in the Division which it repre-
sents such reports as are necessary to effectuate the purposes of the
General Importers Code; subject, however, to similar requirements
as to non-disclosure of confidential information as is provided in
Section 2 (C) (4) of this Article; and
(2) May upon its own initiative or complaint of any Importer
in such Division, make investigations as to the functioning and
observance of any provision of the General Importers Code and may
hear and attempt to adjust such complaints ; provided, however, that
Divisional Code Authorities shall not investigate, nor attempt to
adjust complaints of violation of the labor provisions of this Code
until so authorized by the Administrator ; and provided further, that
any Importer who may be affected by the action or handling of
matters pertaining to any provision of the General Importers Code
by his Divisional Code Authority, shall have the right to have such
matters submitted to and considered by the General Importers Code
Authority for its action as provided in Section 2 (C) 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 Importers in its Division such reports as
are necessary to effectuate the purposes of its Supplemental Code;
subject, however, to similar requirements as to non-disclosure of con-
fidential information as is provided in Section 2 (C) (4) of this
Article; and
(2) May, upon its own initiative or complaint of any Importer in
such Division, make investigation as to the functioning and observ-
ance of any provision of its Supplemental Code, and may hear and
attempt to adjust such complaints; provided, however, that Divi-
sional Code Authorities shall not investigate nor attempt to adjust
complaints of violation of the labor provisions of this Code until so
authorized by the Administrator, and provided further,
(a) In the event that a Divisional Code Authority should report
any matter referred to in the " Second " part of the above paragraph
to the Administrator which affected any provision of the General
Importers Code, the Administrator may if he desires, refer such
matters to the General Importers Code Authority for handling as
184
if such matters had been directly submitted to the General Importers
Code Authority by such Divisional Code Authority, as provided in
the " First " part of the above paragraph.
Section 4. Qualification. — Any trade or group of trades may qual-
ify to elect a representative on the General Importers Code Authority
by submitting evidence of compliance with such minimum require-
ments as to number of members, number of employees, volume of
turnover, invested capital, or otherwise, as may be determined by
the Administrator.
Section 5. Elections. — Members of the General Importers Code
Authority shall be elected with regard for the major Sections estab-
lished in Section 2 (B) of this Article, and all members of the Trade
in each Division who assent to the terms and agree to bear their share
of the cost of administration of the General Importers Code and any
applicable Supplemental Codes thereto, shall have the right to vote
for the Code Authority members representing their respective major
Trade Sections.
(A) The Central N.R.A. Committee for Import Trade Codes shall
submit to the Administrator for approval a fair and equitable method
for choosing nominees, and for conducting such election.
(B) The General Importers Code Authority shall establish in its
By-Laws provisions relating to the terms of office of its members,
and election of successors to the General Importei-s Code Authority
or of any individual member thereof, whether to fill an unexpired
term or for a new term of office; provided, however, that such pro-
visions may be disapproved by the Administrator upon review.
Section 6. Administrative Interpretations. — The Administrator
may from time to time, after consultation with the General Im-
porters Code Authority or with any Divisional Code Authority, or
on his own initiative, issue such administrative interpretations of the
various provisions of this Code, or of any of the Supplemental
Codes thereto, as are necessary to effectuate their purposes, and such
interpretations shall become operative as a part of this Code or
such Supplemental Codes.
Section 7. Non-Liability. — Notliing contained in this Code shall
constitute the members of the General Importers Code Authority or
Divisional Code Authorities partnei^s for any purpose nor shall any
member of any of such Code Authorities (General or Divisional)
be liable in any manner to anyone for any act of any other member,
officer, agent or employee of any such Code Authorities nor shall
any member of any such Code Authorities, 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 malfeasance or nonfeasance.
Section 8. Undue Hardshifs Imposed hy Codes. — Where the op-
eration of the provisions of this Code or any Supplemental Code
hereto, imposes an unusual or undue hardship, any Importer 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 this Code
or of any Supplemental Code hereto, as the case might be, as may
be consistent with the Act.
185
Section 9. Obligations of Trade Associations. —
(A) Each Trade Association directlj^ or indirectly participating
in the selection or activities of the General Importers Code Au-
thority and/or Divisional Code Authorities or their agencies, 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.
(B) In order that the General Importers Code Authority and
Divisional Code Authorities and their Agencies shall at all times be
truly representative of the Import Trade, and in other respects com-
ply 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 Importers Code Authority or any Divisional Code
Authority or any of their agencies 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 any
such Code Authority or Agency.
Section 10. Payment of Cost of Achninistration. —
(A) It being found necessary, in order to support the administra-
tion of this Code, and to maintain the standards of fair competition
established herein, and to effectuate the policy of the Act, the
General Importers Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and shall be
held in trust for the purposes of this Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by Importers ;
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all such Importers, and to that end, if
necessary, to institute legal proceedings therefor in its own name ;
(B) Each Importer shall pay his or its equitable contribution to
the expenses of the maintenance of the General Importers Code
Authority, as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only im-
porters complying with the Code and contributing to the expenses
of its administration as hereinabove provided, unless exempted by
Administrative Order from any obligation to pay such assessments,
shall be entitled to participate in the selection of members of the
General Importers Code Authority or to receive the benefits of any
of its voluntary activities or to make use of any emblem or insignia
of the National Recovery Administration.
(C) The General Importers Code Authority shall neither incur
nor pay any obligation in excess of the amount thereof as estimated
in its approved budget, except upon approval of the Administrator ;
and no subsequent budget shall contain any deficiency item for ex-
186
penditiires in excess of prior budget estimates except those wliich
the Administrator shall have so approved.
(D) Divisional Code Authorities when established under supple-
mental codes shall have the powers set forth in subsections (A),
(B) and (C) of this Section, subject to the limitations contained
therein, in order to support the administration of their particular
Supplemental Codes, the General Code as applied to their specific
division of the Trade, and to effectuate the policy of the Act.
Section 11. Information for Government Agencies. — In addition
to the information required to be submitted to the General Im-
porters Code Authority and the Divisional Code Authorities or their
agencies, all or any of the persons subject to this Code shall furnish
such statistical information and reports as the i^dministrator mav
deem necessary for the purposes recited in Title I, Sections 3 (a)
and 3 (e) of the Act, to such Federal and/or State Agencies as
the Administrator may designate; but nothing in this Code shall
relieve any person of any existing or future obligation to furnish
reports to Government Agencies. No individual report shall
be disclosed to any other Importer or any other party except to
such other governmental agencies as may be directed by the
Administrator.
Section 12. Review of Acts of Code Authorities. — If the Adminis-
trator shall determine tnat any action of a Code Authority (General
or Divisional) or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended 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 not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
Section 13. Expense of Administration Memhers. — Salaries and
expenses of Administration Members of the General Importers Code
Authority and the Divisional Code Authorities shall not be imposed
upon, but may be assumed by the Trade in unusual cases warranting
such action.
Section 14. Industrial Relations CommAttee. —
(A) There shall be created for the General Importing Trade a
National Industrial Relations Committee, and for each division
thereof which obtains an approved Supplemental Code, a Divisional
Industrial Relations Committee, each such committee to be composed
of three (3) persons who shall be selected as follows:
(1) A representative of the employers to be appointed, in the case
of the National Industrial Relations Committee, by the General
Importers' Code Authority, and, in the case of each Divisional Indus-
trial Relations Committee, by the appropriate Divisional Code
Authority, which bodies are hereby specifically empowered to make
such appointments.
(2) A representative of the employees to be nominated by the
Labor Advisory Board of the National Recovery Administration and
appointed by the Administrator.
(3) An impartial chairman to be selected by the two (2)_ members
already appointed, or, in case they disagree, by the Administrator.
187
(B) Members of these committees shall hold office for six (6)
months from the date of their appointments, and re-appointments
shall be made or vacancies shall be filled in the same manner as
provided in Sub-section (A) of this section.
(C) Each Industrial Eelations Committee shall have the duty
of dealing with complaints and disputes relating to labor, in ac-
cordance with rules and regulations issued by the Administrator.
They shall have all such general powers necessary to facilitate the
performance of said duty, as may be conferred upon them by and
under rules and regulations issued by the Administrator, and each
special powers as may be expressly conferred by the Administrator.
(D) Upon approval of the Administrator, loca-1 Industrial Rela-
tions Committees may be appointed under the General Importers
Code or any supplement thereof, in order to facilitate the mvesti-
gation and conciliation of complaints and disputes relating to labor.
Such local Industrial Relations Committees shall report all cases
handled by them to the appropriate National or Divisional Indus-
trial Relations Committees which may modify or reverse any action
taken by local Industrial Relations Committees so reporting to
them. Local Industrial Relations Committees shall each consist of
three (3) members to be appointed in the same manner as provided
in Sub-section (A) of this section.
Article VII — Unfair Trade Practices
Section 1. Inaocurate Labelling. — No Importer shall brand, 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; nor shall any
Importer sell or offer for sale any imported merchandise labeled,
marked, stamped or branded in any manner which misleads or tends
to mislead the purchaser; nor shall any Importer knowingly imi-
tate, or sell or offer for sale any imported merchandise bearing a
device which shall imitate, a trademark, trade name, slogan, or any
other mark of identification of a product of domestic manufacture,
when such domestic marks, names or slogans have been in actual
use prior to their use in the case of imported goods, if such device
has the capacity to mislead a purchaser or prospective purchaser.
Section 2. inaccurate Advertking. — No Importer 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, their use, trade mark, ^rade, 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.
Section 3. False Billing. — No Importer shall knowingly withhold
from or insert in any quotation or invoice, any statement which
makes it inaccurate in any material pa,rticular.
Section 4. Commercial Bribery. — No Importer shall directly or
indirectly give or permit to be given, or offer to give, money or any-
188
thing of value to agents, employees, or representatives of customers
or prospective customers, with or without knowledge of their em-
ployers or principals, as an inducement to influence their employers
or principals, to purchase or contract to purchase from the makers
of such gift or ofl'er, or to influence such employers or principals to
refrain from dealing or contracting to deal with competitors. This
Section shall not be construed to prohibit free and general distribu-
tion of articles commonly used for advertising except so far as such
articles are actually used for commercial bribery as herein defined.
Section 5. Interference %oith Another'' s Contracts. — No Importer
shall attempt to induce the breach of an existing contract between a
competitor and his customer or source of supply ; nor shall any such
Importer interfere with or obstruct the performance of such con-
tractual duties or services.
Section 6. Rebates and Concessions. — No Importer shall permit
the payment or allowance of rebates, refunds, commissions, credits,
unearned or special discounts, whetlier in the form of money or
otherwise, or the extension to certain purchasers of special services
or privileges, not extended to all purchasers of the same class on
like terms and conditions.
Section 7. Giving of Prizes.^ Preinimns^ or Gifts. — No Importer
shall offer or give prizes, premiums, or gifts in connection with the
sale of products, or as an inducement thereto, by any scheme which
involves lottery, misrej^resentation, or fraud.
Section 8. Defamation. — No Importer shall defame competitors
by falsely imputing to them dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false rep-
resentations, or by the false disparagement of the grade or quality
of their goods.
Section 9. Threats of Litigation. — No Importer shall publish or
circularize threats of suits for infringement of patents or trade marks
or any other legal proceedings not in good faith, with the tendency
or effect of harassing competitors or intimidating their customers.
Failure to prosecute in due course shall be evidence that such threat
is unwarranted or unjustified.
Section 10. Espionage of Competitors. — No Importer shall secure,
or attempt to secure, confidential information from any source con-
cerning the business of a competitor by a false or misleading state-
ment or representation, by a false impersonation of one in authority,
by bribery, or by any other unfair method.
Section 11. Subterfuge. — It shall be an unfair trade practice for
any Importer to employ subterfuge, to avoid or attempt to avoid the
provisions of this Code, or any Supplemental Code hereto, or the
purposes and intent of the National Industrial Recovery Act, which
are to increase employment, provide better wages, promote fair
competitive methods, better business conditions, and promote the
public welfare.
Section 12. Other Unfair Trade Practices. — Subject to admin-
istrative approval after hearing there may be established, in any
Supplemental Code, trade practice rules covering such other sub-
jects as conditions in such specific Division may require. Any vio-
lation of tliese provisions shall be an unfair trade practice.
189
Article VIII — Application or Code
Section 1. Any import trade, by majority vote of its members
may make application to the Administrator to operate under any
other approved Code of Fair Competition which covers its trade,
and upon approval of the Administrator shall become subject to
such other approved Code and shall no longer be governed by this
General Importers Code with respect to such of their activities as
shall be covered by the Code to which they shall be so transferred.
Section 2. Every Importer, except those who on the effective date
of this Code are governed, or hereafter become governed, as to all
or part of their activities, by any other Code of Fair Competition
under the administration of the National Recoveiy Adminis-
tration or the Agricultural Adjustment Administration, shall be
bound by all of the provisions of this General Importers Code
and by all of the provisions of each and every Supplemental Code
applicable to him, when such General Importers Code and/or such
Supplemental Code or Codes shall have been approved, with respect
to all of his activities which are not covered by another approved
code, except those Importers, who file with the Administrator appli-
cations for exemption to this Code or any portion thereof, which
after due consideration by the Administrator are sustained.
Article IX — Modification
Section 1. This General Importers Code and the Supplemental
Codes hereto, and all provisions thereof, are expressly made subject
to the right of the President, in accordance with the provisions 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 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.
Section 2. This General Importers Code and the Supplemental
Codes hereto, 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 by Importers, the Gen-
eral Importers Code Authority or by any Divisional Code Authority
to the Adminis-trator and such notice and hearing as he may pre-
scribe, and to become effective on approval of the Administrator.
Article X — Monopolies, Etc.
No provision of this Code, nor of any Supplemental Codes hereto,
shall be so applied as to permit monopolies or monopolistic practices,
or to eliminate, oppress, or discriminate against small enterprises.
Article XI — Effective Date
This Code shall become effective on the tenth day after approval.
Approved Code No. 487.
Registry No. 1713-53.
o
Approved Code No. 488
CODE OF FAIR COMPETITION
FOR THE
WELT MANUFACTURING INDUSTRY
As Approved on July 20, 1934
OEDEK
Code of Fair Competition for the Welt Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with Ihe provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Welt Alanufacturing Industry, and hearing
having been duly held thereon and the annc-xed 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, elated December
30, 1938, 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 the provision of Article III, Section 2, Subsection (c) be
and it is hereby deleted, and, in lieu thereof the following be, and
it is hereby substituted : " Watchmen, who shall not be permitted
to work more than fifty-six (56) hours in any one week, nor more
than thirteen (13) days in any two (2) weeks.^'
Hugh S. Johnson,
Advimistrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C,
July 20, 193^.
75247° 829-112 34 (191)
EEPOKT TO THE PEESIDENT
The Pkesident,
The White House.
Sir: This is a report on the approved Code of Fair Competition
for the Welt Manufacturing Industry, hearing on which was con-
ducted in Washington on May 9, 1934, in accordance with the pro-
visions of the National Industrial Recovery Act.
The minimum wage provided in this code is thirty-five cents (35^)
per hour for male and female employees, with the provision that
when female emjoloyees perform substantially the same work as male
employees they are to receive the same rate of pay.
The maximum hours provided in this code are forty (40) hours
per week with an allowance of five (5) hours per week during any
eight (8) weeks of a six (6) months' period, with the provision that
all time in excess of eight (8) hours in any twenty-four (24) hour
period, or forty (40) hours per week shall be paid on the basis of
one and one-half (11/2) times the normal rate of compensation.
No person under sixteen (16) years of age shall be employed or
engaged in this industry, and 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. No homework shall be
permitted in this industry.
The business of this industry is almost exclusively that of supply-
ing automobile manufacturers, automobile parts departments, and
automobile accessory jobbers with bindings and trimmings used in
the manufacture or repair of automobiles. It does not conflict with
the activities, nor could it be said to be in competition with any other
industry. Other industries utilize the same raw materials but do not
sell their products to the same class of trade or customers.
The welt and binding business is located in the central part of the
United States. The major portion of their jDroducts are sold in and
around Detroit although they are distributed throughout the entire
world.
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, inchuling
removal of obstructions to the free flow of interstate and foreign com-
merce 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 com-
petitive practices, by promoting the fullest possible utilization of the
(192)
193
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieWng un-
employment, 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 wdth 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 associa-
tion 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 this Code has been approved.
Respectfully,
Hugh S. Johnson,
Admhiistrator.
July 20, 1931.
CODE OF FAIR CO^IPETITION FOR THE WELT MANU-
FACTURING INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Re-
covery Act, this Code ig established as a Code of Fair Competition
for the Welt Manufacturing Industry, and its provisions shall be the
standards 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 is defined to mean
the manufacturing, processing, and/or sale bj^ manufacturer or proc-
essor of -welts and bindings of all kinds in continuous lengths or
othervv'ise, made either from leather, imitation leather, cloth or other
fabrics, used on automobiles or other articles of manufacture, and
includes dealing by manufacturers in such welts and bindings
whether of his own or of another member's manufacture.
Section 2. The term " member of the industry " includes, but
without limitation, all tho,se engaged in the industry either as an
employer or on his own behalf.
Section 3. The term " employee " as used herein includes any and
all persons engaged in the industry, however compensated, except
a member of the industry.
Section 4, The term " employer " as used herein includes anj^one
by whom such employee is compensated or employed.
Section 5. The term " Association " as u,sed herein means the
Association of Welt Manufacturers, a non-profit organization.
Section 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.
Article III — Hours
Section 1. No employee, including office and clerical employees,
shall be permitted to work in excess of forty hours in any one week
f)r eight liours in any twenty-four hour period, "provided, however,
that in special cases of emergency or where restriction of hours of
employees will delay urgent service to the trade served by the in-
dustiy, during any eight consecutive or non-consecutive weeks of a
six month jjeriod (the first i)eriod to begin on July 1, 1934), em-
ployees may work not more than forty-five hours in any one week.
Time in excess of eight hours in any twenty-four hour period (start-
ing at midniglit), or forty hours per week shall be paid on a basis
of one and one-half times the normal rate of compensation.
(194)
195
Section 2. The foregoing provision of this article shall not
apply to:
(a) Persons who are employed in a managerial or executive ca-
pacity who earn thirty-five dollars ($35.00) or more per week, out-
side salesmen, or to employees engaged in emergency repair work;
provided that employees engaged in emergency repair work shall be
paid at least one and one-half times their normal rate for all hours
worked in excess of eight (8) hours in any twenty-four (24) hour
period or forty (40) hours per week.
Reports shall be made monthly to the Code Authority by every
employer stating the number of hours worked in excess of forty (40)
per week and eight (8) per day by employees engaged in emergency
repair work, special cases of emergency and during peak period
provided for in Section 1 hereof.
(b) Firemen and engineers who shall not be permitted to work in
excess of forty-five (45) hours per week or nine (9) hours per day
during normal periods and fifty (50) hours or ten (10) hours per day
during peak periods as described in Section 1 of this article.
(c) AVatchmen who shall not be permitted to work in excess of
sixty (60) hours in any one w^eek.^
Section 3. The provisions of Section 1 of this Article shall apply
to members of the industry (owners, partners, officers), engaged in
a productive capacity, but shall not apply to members of the indus-
try who are exclusively or wholly engaged in managerial or execu-
tive capacity.
Section 4. No employee shall be permitted to work more than
five (5) days in any calendar week, except employees specified in
Section 2 of this article.
Section 5. No employer shall knowingly permit an employee to
work for any time, which when totaled with that regularly per-
formed with another employer or employers, exceeds the maximum
hours permitted herein.
Article IV — Wages
Section 1. No employee shall be paid les,s than at the rate of
thirty-five cents (35^) per hour.
Section 2. This article establishes a minimum rate of pay which
shall apply, irrespective of wdiether an employee is actually com-
pensated on a time rate, piecework or other basis, such piecework or
other basic rate of compensation above the minimum, how^ever, is
to be determined by the average capacity of regular workers.
Section 3. Within .six months from the effective date of this Code
the Code Authority shall present for approval to the Administrator,
after notice and hearing, recommendations as to upward adjust-
ments in minimum wages generally or for specified localities or occu-
pations, in order to effectuate the purposes of the Act.
Section 4. There shall be an equitable adjustment of all wages
above minimum, and to that end, within gixty (60) days from the
approval of this Code, the Code Authority shall submit to the Ad-
ministrator a report of all adjustments by members of the industry
since June 16, 1933.
^Amended. See paragraph 2 of order approving this Code.
196
■• Section 5. Female employees who perform substantially the same
work as male employees shall receive the same rate of pay as male
employees.
Section 6. A person whose earning capacity is limited because
of age or physical or mental handicap or other incapacity may be
employed on light or unskilled 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, provided, however, that
the number of such employees shall not be in excess of five percent
(5%) of the total number of employees in any establishment, but
any establishment may have at least one such employee. Each
employer shall file with the Code Authority a list of all such persons
employed by him.
i 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 sliall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Code Authority shall
submit to the Administrator thirty (30) days after the effective date
«f the 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.
Section 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 clioosing, 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
apj)roved or prescribed by the President.
Section 3. No employer shall reclassify employees or duties or
occupations performed, or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code, and in
this connection, employees engaged in two or more occupations or
positions having different duties connected therewith, one or more
(jf which being limited by maximum hours, shall be classified under
the limited hours position which is limited to the fewer number of
liours per week, and shall not be ])ermitfed to work a total number of
hours in excess of those prescribed for such position.
197
Section 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be submitted by the
Code Authority to the Administrator within six months after the
effective date of the code.
Section 5. No provision in this Code shall supersede any State or
Federal law w^hich imposes on employers more stringent require-
ments as to age of employees, w^ages, hours of work, safety, health,
sanitary or general working conditions, insurance, or fire protection
than are imposed by this Code.
Section 6. No home work shall be permitted in this industry, ex-
cept in accordancce w^ith Executive Order of May 15, 1934.
Section 7. All employers shall post and keep posted copies of the
labor provisions of this Code in conspicuous places accessible to all
employees. Every member of the industry shall comply with all
rules and regulations relative to the posting of provisions of Codes
of Fair Competition which may from time to time be prescribed by
the Administrator.
Section 8. No employee of this industry shall be dismissed or
demoted or otherwise penalized for making complaint or giving
evidence wdth respect to an alleged violation of this or any other
Code.
Article VI — Organization, Powers, and Duties of the Code
Authority
Section 1. There shall forthwith be constituted a Code Authority
consisting of four members of the Board of Directors of the Welt
Manufacturers Association.
Section 2. In addition to membership as above provided, not
more than three members, without vote, may be appointed by the
Administrator.
Section 3. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator for his approval true copies of
its articles of association, by-laws, 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.
Section 4. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects further the
purposes of the Act and the provisions of the Code, the Administra-
tor may prescribe such hearings as he may deem proper; and there-
after if he shall find that the Code Authority is not truly repre-
sentative or does not in other respects further the purposes of the
Act and the provisions of the Code, may require an appropriate
modification in the composition and method of selection of the Code
Authority.
Section 5. It being found necessary, in order to support the ad-
ministration of this Code and to maintain the standards of fair
competition established by this Code and to effectuate the policy of
the Act, the Code Authority is authorized, subject to the approval of
the Administrator :
198
(a) To incur snch reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in its
own name;
(d) After approval of its budget and plan of assessment as pro-
vided in this article, to make collections in proportion to the volume
of sales made in the products of the industry as defined in Section 1
of Article II of this Code, from any person or persons as defined in
Section 2 of Article II engaged in the manufacture of any products
coming within the jurisdiction of the Code.
(e) Each member of the industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, (unless duly exempted from making such contribution) shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities.
(f ) The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator first obtained; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Section G. 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,
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 malfeasance or nonfeasance.
Section 7. The Code Authority shall have the following further
powers and duties, and if the Administrator shall determine that
any action of the Code Authority or any agency thereof is without
the scope of its delegated or implied powers or is unfair or unjust
or contrary to the public interest, tlie 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
action and further consideration by such Code Authority or agency
pending final action, which shall be taken only upon approval by the
Administrator.
199
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry therewitli.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration of the Code.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code, which
reports shall be furnished promptly by members, and, in addition
to information required to be submitted to the Code Authority, mem-
bers 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 Federal and State agencies as the
Administrator may designate; nor shall anything in any code, agree-
ment, or license relieve any person of any existing obligation to fur-
nish reports to Government agencies.
(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.
(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 or affect members of this;
industry,
(f ) To cooperate with the Administrator in regulating the use of.
any N.R.A. insignia solely by those members of the industry who 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, and other modifications hereof.
Article VII — Trade Practice Rules
The following practices constitute unfair methods of competition
of the industiy and are prohibited.
Section 1. huiccnirate Adverfuing. — 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, qual-
ity, quantity, origin, size, substance, character, nature, finish, mate-
rial content or preparation) or credit terms, values, policies, services,'
or the nature or form of the business conducted. 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.
Section 2. Fahe Billing. — No member of the industry shall with-
hold from or insert in any quotation or invoice any statement that
makes it inaccurate in any material particular.
Section 3. Inaecwrate Laheling. — 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.
200
Section 4. Threats of Law Suits. — No member of the industry
shall publish or circulate unjustified or unwarranted threats of legal
proceedings which tend to or have the effect of harassing competi-
tors or intimidating their customers.
Section 5. Secret Rebates. — No member of the industry shall
secretly or otherwise offer or make any payment or allowance of a
rebate, refund, commission, credit, or give any discount or excess
allowance, whether in the form of money or otherwise, 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,
for the purpose of influencing a sale.
Section C. Selling on Consujnment. — No member of the industry
shall sell or ship goods on consignment.
Section 7. Bribing Employees. — No member of the industry shall
give, permit to be given, or 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. 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
hereinbefore defined.
Section 8. Interference ivith Another'^s Contracts. — No member of
the industry shall wilfully induce or attempt to induce the breach of
existing contracts betAveen competitors and their customers by any
false or deceptive means, or interfere or obstruct the performance of
any such contractual duties or services by any such means, with the
purpose and effect of hampering, injuring or embarrassing com-
petitors in their business.
Section 9. Coercion. — No member of the industry shall require
that the purchase or lease of any goods be a prerequisite to the pur-
chase or lease of any other goods.
Section 10. Defamation. — No member of the industry shall de-
fame a competitor by falsely imputing to him dishonorable conduct,
inability to perform contracts, questionable credit standing, or by
other false representation, or by falsely disparaging the grade or
quality of his goods,
Seciton 11. Discounts. — A discount not to exceed two percent
(2%) may be allowed on accounts paid before the end of the month
following shipment. No post datings shall be permitted.
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 Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under Title I of said Act.
Section 2. Such of the provisions of this Code as are not required
to be included herein by the Act may, with the approval of the
Administrator, be modified or eliminated in such manner as may be
indicated by the needs of the industry or of the public by changes
201
in circumstances, or by experience. All the provisions of this Code,
unless so modified or eliminated shall remain in effect until June 16,
1935, or as long thereafter as the NIRA by Amendment may remain
in effect.
Article IX — IMonopolies, 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
"Whereas the policy of the Act to increase purchasing power will
be made more difficult of consummation if prices of goods and serv-
ices 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, as 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 tenth day after its
approval.
ApproA-ed Code No. 48S.
Registry No. 934-01.
O
Approved Code No. 489
CODE OF FAIR COMPETITION
FOR THE
SAFETY RAZOR AND SAFETY RAZOR BLADE
MANUFACTURING INDUSTRY
As Approved on July 21, 1934
OEDER
Approving Code or Fair Competition for the Safety Razor and
Safety Razor Blade Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I oi the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Safety Razor and Safety Razor Blade
Manufacturing Industry, and hearing h-a^dng been duly held thereon
and the annexed report on said Code, containing findings with re-
spect 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; provided that the continued
participation of the National Association of Safety Razor and Blade
Manufacturers, Inc. in the Code Authority after thirty (30) days
from the effective date of this Code shall be contingent upon its
amending its Constitution and By-Laws to the satisfaction of the
Administrator; provided further, that the provisions of Section 5,
and Section 16 of Article VIII, be and they are hereby stayed until
such time as the Administrator may, by further order, otherwise
direct.
Hugh S. Johnson,
Administrator for Industnal Recovery.
Approval recommended :
Barton W. Murray,
Diiylsion Administrator.
Washington, D.C,
July 21, 192 J^.
75356° 829-121 34 (203)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sm: This is a report on the Code of Fair Competition for the
Safety Razor and Safety Razor Blade Manufacturing Industry, the
hearing having been conducted thereon in Washington, D. C, April
2, 1934, in accordance with the provisions of the National Industrial
Recovery Act.
RESUME or CODE AS TO WAGES AND HOURS
The Code provides that eight (8) hours shall constitute the nor-
mal number of working hours per day and forty (40) hours the
normal number of working hours per week, except that employees
may work not exceeding forty-eight (48) hours for six (6) weeks
in any twenty-six (26) weelis period. These provisions are appli-
cable to all employees except outside salesmen, watchmen who shall
be employed not more than fifty -six (56) hours per week, employees
engaged m executive, managerial or supervisory capacity who receive
thirty-five dollars ($35.00) per week, or more, and employees on
emergency maintenance or emergency repair work involving break-
down or protection of life and property.
The rates of pay provided for production labor are forty (40)
cents per hour for males and thirty-five (35) cents per hour for
females. For a period of not more than sixty (60) days beginners
may be paid not less than eighty (80) per cent of the minimum
wage provided that the total number of beginners shall not exceed
five (5) per cent of the total number of factory workers employed by
any such employer in any calendar month. Persons whose earning
capacity is limited because of age, physical or mental handicap or
other infirmities may be employed on light work at a wage below the
minimum, if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate author-
izing such employment at such wages and for such hours as shall be
stated in the c-ertificate. Each employer shall file monthly with the
Code Authority a list of all such persons employed by him showing
the wages paid to and the maximum hours of work for such em-
ployees. Time and one-half will be paid production labor for hours
worked in excess of eight (8) hours per day and forty (40) hours
per week.
Employees engaged in office or clerical work shall be paid not less
than fifteen dollars ($15.00) per week provided however, that office
boys and girls may be paid not less than eighty (80) per cent of the
said minimum wa<^e, but the number of such office boys and girls
employed at any time shall not exceed five (5) per cent of the total
(204)
205
number of office and clerical employees, and provided further, that
any employer may employ at least one office boy or girl.
Equitable adjustments shall be made of all wage rates above said
minimum.
Child labor is prohibited and no persons under eighteen (18) years
of age shall be employed in a hazardous occupation.
GENERAL STATEMENT
The Safety Razor and Safety Razor Blade Manufacturing Indus-
try is one of the few which have enjoyed an increase in unit sales
during the past four years, but because of drastic price revisions this
condition is not reflected in dollar volume.
The Industry is unique in that the safety razor or safety razor
blade holder is a by-product of the safety razor blade. The holder
is a non-profit item of the Industry and it is a general practice
within the Industry to give these holders away as premiums or sell
them below cost in order to stimulate the use of safety razors and
safety razor blades.
The growth of this Industry has been exceedingly great. From
an insignificant beginning in 1904 the Industry has grown so thai
in 1931 fifty -three (53) cents of every dollar spent for cutlery went
for the purchase of safety razors and safety razor blades, and of that
fifty-three (53) cents, forty-six (46) cents or eighty-six (86) per
cent went for the purchase of saftey razor blades alone.
The investment in the Industry is approximately $62,500,000, and
the number of wage earners in normal times is about five thousand
(5,000), with an estimated annual pay roll of $5,150,000.
In 1929 the number of blades produced was approximately 690,-
226,115, and in 1933 approximately 889,074,075, an increase in unit
production of twenty -three (23) per cent. In 1929 the dollar sales
volume was approximately $36,139,322 while in 1933 approximately
$19,856j020, or a decrease of forty six (46) per cent.
I believe that the Code is fair to the Industry, to labor and to the
Sublic and is in accordance with the intent and purpose of the
ational 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 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 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,
206
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 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 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 thejn.
(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,
AdTninistrator.
July 21, 1934.
CODE OF FAIR COMPETITION FOR THE SAFETY RAZOR
AND SAFETY RAZOR BLADE MANUFACTURING
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 Safety Razor and Safety Razor Blade
Manufacturing Industry and shall be the standards of fair com-
petition for such industry and shall be binding upon every member
thereof.
Article II — Definitions
Section 1. The term " safety razor and safety razor blade manu-
facturing industry ", hereinafter referred to as the " industry ",
means the manufacture of safety razor blade holders and/or safety
razor blades for sale.
Section 2. The term " employee ", as used herein, includes any
and all persons engaged in the industry, however compensated, ex-
cept a member of the industry.
Section 3. The term " employer ", as used herein, includes anyone
by whom such employee is compensated or employed.
Section 4. The term " member of the industry ", as used herein,
includes but without limitation any individual, partnership, associa-
tion, corporation or other form of enterprise engaged in the industry
either as an employer or on his or its own behalf.
Section 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
Administrator for Industrial Recovery.
Section 6. The term " Code Committee ", as used herein, shall
mean the committee duly elected by the association to formulate
and present a Code of Fair Competition on behalf of the Industry.
Section 7. The term " Code Authority ", as used herein, shall
mean the Administrative body of this code as set forth in Article VI.
Section 8. The term "Association ", as used herein, is defined to
mean the National Association of Safety Razor and Blade Manu-
facturers, Inc., or its successor.
Article III — Hours
Section 1. 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, nor more than six (6) days in any seven (7)
day period, except as herein otherwise expressly provided.
Section 2. The maximum hours fixed in Section 1 shall not apply
to employees engaged in an executive, managerial, or supervisory
capacity, who receive thirty-five ($35.00) dollars per week or more,
and outside salesmen.
(207)
208
Section 3. The maximum hours fixed in Section 1 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-half (II/2) times their regular
rate shall be paid for hours worked in excess of eight (8) hours in
any twenty-four (24) hour period or forty (40) hours in any one
week.
Section 4. The maximum hours fixed in Section 1 shall not apply
to employees for six (6) weeks in any twenty-six (26) weeks period
during which time overtime shall not exceed eight (8) hours in any
one week; provided that at least one and one-half (1^/^) times the
regular rate shall be paid for hours worked in excess of eight (8)
hours in any twenty-four (24) hour period or forty (40) hours in
any seven day period.
* Section 6. No employer shall permit any employee to work for
any time which when totaled with that already performed for an-
other employer, or employers, exceeds the maximum permitted herein.
' Section 6. Watchmen shall be permitted to work not in excess of
fifty-six (56) hours per week, provided, that they shall be given one
day of rest in every fourteen (14) day period.
Section 7. Employers who personally perform manual work or
who are engaged in mechanical operations in connection with the
manufacture of products of the Industry shall not exceed the pre-
ecribed maximum hours.
Article IV — ^AVages
Section 1. No male employee shall be paid less than at the rate of
forty (40) cents per hour, and no female employee shall be paid less
than at the rate of thirty-five (35) cents per hour, except as herein
otherwise expressly provided.
Section 2. For a period of not more than sixty days after the
commencement of employment in the Industry, beginners without
experience shall be paid not less than 80% of the minimum wages,
provided that the total number of such beginners shall not exceed
5% of the total number of factoiy workers employed by any such
employer in any calendar month.
Section 3. No employee engaged in ofRce or clerical work shall
be paid less than at the rate of fifteen ($15.00) dollars per week;
provided, however, that office boys and girls may be paid not less
than eighty (80%) percent of such minimum wage, but the number
of such office boys and girls employed at any time shall not exceed
five (5%) percent of the total number of office and clerical em-
ployees; and provided, further, that any employer may employ at
least one (1) office boy or girl.
Section 4. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, 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 such person's employment at such wages and for such hours
as shall be stated in the certificate. Such authority shall be guided
by instructions of the United States Department of Labor in issuing
certificates to such persons. Each employer shall file monthly with
209
the Code Authority a list of all such persons employed by him, show-
ing the wages paid to, and the maximum hours of work for such
employee.
Section 5. Equitable adjustment of compensation of all employees
receiving more than the minimum rates of pay shall be made by all
employers who have not heretofore made such adjustments, and all
employers shall within thirty days after approval of this Code, re-
port in full to the Code Authority concerning such adjustments
whether made prior to or subsequent to such approval, provided,
however, that in no event shall hourly rates of pay be recluced, irre-
spective of whether compensation is actually paid on an hourly,
weekly, or other basis, nor shall any wages be at less than the mini-
mum rates herein provided.
Section 6. This article establishes a minimum rate of pay which
ehall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piece-work, or other basis.
Section 7. 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 samo
rate of earnings as the men they displace. The Code Authority shall
within ninety (90) days after the effective date of this Code filo
with the Administrator a description of ail occupations in the Indus-:
try in which both men and women are employed.
Section 8. This article establishes rates of pay which shall be
exempt from any charge, fine and/or deduction by the employer,
except such charges or deductions required by State Law.
Section 9. The employer shall make payments of all wages due
in lawful currency or by negotiable check therefor, payable on de-
mand. These wages shall be exempt from any payments for pen-
sions, insurance or sick benefits other than those voluntarily paid
by the wage earners, or required by State Laws. Wages shall be
paid at least by the end of every two week period, and salaries shall
be paid at least at the end of eveiy month. No employer shall
withhold wages. The employer or his agents shall accept no rebates
directly or indirectly on such wages, nor give anytliing of value or
extend favors to any person for the purpose of influencing rates
of wages or the working conditions of his employees.
Article V — General Labor Provisions
Section 1. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, r&straint, or coercion of em-
ployers of labor, or their agents, in the designation of such repre-
sentatives 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 laoor 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.
210
Section 2. No persons under sixteen (16) years of age shall be
employed in the Industry. No persons 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 for approval before September 1,
1934, a list of such operations or occupations. 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 valid certificate or permit duly signed
by the Authority in such State empowered to issue emplo3^ment or
age certificates or permits, showing that the employee is of the
required age.
Section 3. No provision in this Code shall supersede any State or
Federal Law which imposes on employers more stringent require-
ments as to the age of employees, wages, hours of work, or as to the
eafetj^, health, sanitary or general working conditions or insurance
or fire protection, than are imposed by this Code.
Section 4. Employers shall not re-classify employees, or duties, of
occupations performed, or engage in any other subterfuge so as to
defeat the purposes of the Act or of this Code.
Section 5. Within ten (10) days after the effective date of this
Code, each employer shall post, and keep posted, in conspicuous
places accessible to employees full copies of this Code and any amend-
ments or modifications which may later be approved in accordance
with Executive Orders and/or regulations thereof. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Administrator.
Section 6. Every employer shall make 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 within three (3) months
after the effective date of the Code.
Sectton 7. No employee shall be dismissed by reason of making a
complaint or giving evidence with respect to an alleged violation of
this Code.
Article VI — Organization and Administration ^
Section 1. During the period not to exceed sixty (60) days follow-
ing the effective date of this Code, the Code Committee of the Indus-
try shall constitute a temporary Code Authority until the Code
Authority is elected. There shall be constituted within the sixty-
day period a Code Authority consisting of nine members to be elected
by the members of the Industry, at a meeting called by the tem-
porary Code Authority, upon ten days' notice sent by registered
mail to all members of tlie Industry whose names shall have been
obtained after a reasonable investigation, who may vote either in
person or by proxy. The members of the Code Authority shall be
elected in the following manner :
(a) Seven members who shall be members of the Association by
a majority vote of all members of the Industry who are members of
the Association present in person or by proxy, each member to have
one vote.
1 Bee paragraph 2 of order approving this Code.
211
(b) Two members who are not members of the Association by
majority vote of all members of the Industry who are non-members
of the Association, present in person or by proxy, each member to
have one vote.
(c) In addition thereto, the Administrator may appoint not more
than three members without vote to serve on the Code Authority
and together with the Administrator shall receive notice of and may
sit at all meetings of the Code Authority.
Section 2. If the members of the Industry who are non-members
of the Association fail to elect two members on the Code Authority,
as provided, three such non-members shall be selected by the Asso-
ciation and submitted to the Administrator, who may appoint from
them the two members to serve on the Code Authority.
Section 3. The members of the Code Authority first elected shall
serve until the following annual meeting of the Association and
thereafter members of the Code Autiiority shall be elected at a meet-
ing of the members of the Industry to be held at the time and place
of the annual meeting of the Association to serve until the following
annual meeting or until the election of their successors.
Section 4. A vacancy in the membership of the Code Authority
may be filled by a majority vote of the remaining members of the
Code Authority. If a vacancy occurs in the case of an association
member, the new member to be elected shall likewise be an associa-
tion member, and if a vacancy occurs in the case of a non-member
of the association, such vacancy shall be filled with a non-member.
Section 5. Each trade association directly or indirectly partici-
pating 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, Kegulations 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.
Section 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
removal of any or all of the members thereof and may make an
appropriate modification or modifications in the method of selection
of the Code Authority.
Section 7. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
212
to support such budget shall be contributed by members of the
industry.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, arid
to that end, if necessary, to institute legal proceedings therefor in
its own name.
(b) Each member of the industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Failure on the part of the member of the Industry to
make such contribution shall be a violation of this Code. Only
members of the industry complying with the Code, and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled to
participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Adminis-
tration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator first obtained;
and no subsequent budget shall contain any deficiency item for
expenditures in excess of prior budget estimate except those which
the Administrator shall have so approved.
Section 8. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. No mem-
ber of the Code Authority shall 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 be
liable to anyone for any act or omission to act in connection with
the performance of the duties of such member except for his own
wilful malfeasance or non-feasance.
Section 9. The Code Authority shall have the following further
powers and duties :
(a) Subject to such rules and regulations as may be prescribed
by the Administrator to administer and insure the execution of the
Provisions of this Code and provide for the compliance of the In-
ustry with the provisions of the Act.
(b) To adopt such Bylaws, rules and regulations as are necessary
for its procedure and for the administration of this Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority members of the Industry subject to this Code shall furnish
such statistical information as the Achninistrator may deem necessary
for the purposes recited in Section 3a of said Act to such Federal
and State agencies as he may designate; provided that nothing in this
Code shall relieve any person from any existing obligations to fur-
nisli 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 government agencies as may be directed by the
Administrator.
213
(d) 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 or affect the members of the Industry.
(e) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Code and under such others to the
end that such fair trade practices may be proposed to the Adminis-
trator as amendments to this Code and such other codes.
Section 10. If the Administrator shall determine that any action
of a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require that
such action be suspended 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 not be effective
unless the Administrator approves or unless he shall fail to disap-
j)rove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
Article VII — Accounting and Costing
Section 1. "With respect to that portion of a member's product
which is within the Industry, the Code Authority shall cause to be
formulated an accounting system and methods of cost finding and/or
estimating capable of use oy all members of the Industry. After
such system and methods are formulated and approved by the Ad-
ministrator, full details concerning them shall be made available
to all members of the Industry, and thereafter all members shall
determine and/or estimate their costs in accordance with the prin-
ciples of such methods.
Section 2. If the Administrator, after investigation shall at any
time find both (1) that an emergency has arisen within the industry
adversely affecting small enterprises or wages or labor conditions, or
tending toward monopoly or other acute conditions which tend to
defeat the purposes of the Act; and (2) that the determination of
the stated minimum price for a specified product within the industry
for a limited period is necessan^ to mitigate the conditions constitut-
ing such emergency and to effectuate the purposes of the Act, the
Code Authority may cause an impartial agency to investigate costs
and to recommend to the Administrator a determination of the stated
minimum price of the product affected by the emergency and there-
upon the Administrator may proceed to determine such stated
minimum price.
When the Administrator shall have determined such stated mini-
mum price for a specified product for a stated period, which price
shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industrial
Recovery Act, he shall publish such price. Thereafter, during such
stated period, no member of the industry shall sell such specified
products at a net realized price below said stated minimum price
and any such sale shall be deemed destructive price cutting. From
time to time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.
214
Article VIII — Unfair Trade Practices
The following described acts shall constitute unfair trade prac-
tices and any member of the Industry who shall directly, indirectly
or through any officer, employee, agent, or representative use or em-
ploy any such unfair trade practices, shall be guilty of a violation of
this Code:
Section 1. (a) No member of the Industry shall offer to sell or
exchange or sell or exchange any product oi the Industry, except
ssafety razor blade holders, in whole or in part below the cost of
Buch product to such individual member. For this purpose, the cost
of such product is to be arrived at upon the principies of a standard
uniform accounting and costing system as provided for under Article
yil of this Code.
(b) Provided that selling below cost to meet competition from a
member of the Industry who is not selling below his own costs, on
products of equivalent design, character, quality, or specifications
shall not be deemed a violation of this Article.
(c) Provided further, that the selling below cost of distress mer-
chandise or inventories which must be converted into cash to meet
emergency need shall not be deemed a violation of this Article. All
such sales or other dispositions of such products shall be reported by
the member to the Code Authority within forty -eight (48) hours
after such sale.
(d) Provided further, that tlie foregoing provisions of this Article
Vlli shall not be deemed to apply to or affect the sale of any product
for direct shiimient in export trade by any member of the Industry.
Section 2. No member of the Industry shall knowingly withhold
from or insert in any statement or invoice, any statement that makes
it inaccurate in any material particular.
Section 3. 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 or
money or otherwise; nor shall any 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 under like conditions and
circumstances for the purpose of influencing a sale.
Section 4. No member of .the Industry shall defame a competitor
by falsely imputing to him dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false rep-
resentations or by the false disparagement of the grade or quality of
his goods.
Section 5. No member of the Industry shall imitate, or simulate the
trade name, or the trade mark, or the package, or the wrapper, or
the label, used or employed by another member of the Industry in
connection with the sale, marketing, or distribution of the products
of the Industry.^
SEcnoN G. 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
or such employee, the princi{)al of such agent, or the represented
party, without the knowledge of such employer, principal, or party.
■ See paragraph 2 of order approving this Code.
215
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 herein-
above defined.
Section 7. No member of the Industry shall brand or mark or
pack any goods in any manner which is intended to, or which has
a tendency to, or which does deceive or mislead purchasers with
respect to tlie brand, grade, quality, quantity, origin, size, substance,
character, nature, finish, mat-erial, content or preparation of such
goods.
Section 8. 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.
Section 9. No member of the Industry shall obtain or endeavor
to obtain from an employee of a competitor information relating to
patented or secret processes and/or methods.
Section 10. (a) No member of the Industry shall market blades
unless the blades or blade backs bear either (1) the name of the
member, or (2) the name of the brand, or (3) an adequate mark
identifying the source of origin.
(b) Every member of the Industry shall imprint upon packages,
tucks, envelopes and blade wrappings either the name of the member
of the Industry or its subsidiary distributing company or the name
of the distributor and the name of the brand if the blades are mar-
keted under a brand name. The provisions of this sub-section shall
not apply to wax or other like paper intended to protect and not to
advertise the blade.
(c) Every member of the Industry shall pack razor blades for
sale in envelopes or other wrappings and enclosed in individual
tucks and packed by the member on the member's premises, except
when such blades are sold in combination with razor blade holders.
Section 11. No member of the Industry shall make any allowances
to a customer for alleged defective merchandise, or replace the same
unless such defective merchandise be first returned to the member,
nor shall a member of the Industry make allowances for shortage in
excess of the actual shortage.
Section 12. No member of the Industry shall market or distribute
goods on consignment or guarantee to any distributor the sale of any
of the products of the Industry.
Section 13. No member of the Industry shall guarantee any ac-
counts receivable of any of his distributors.
Section 14. No member of the Industry shall offer or grant to a
customer terms in excess of sixty days from the date of shipment,
or allow a cash discount in excess of 2% 10 days, E.O.M.
Section 15. No member of the Industry shall purchase, barter, sell
or otherwise trade in safety razor blade holders and/or blades man-
ufactured or produced by a competing member, except that nothing
in this paragraph shall prevent a member from contracting to pro-
cure the manufacture by another member or the purchase from
216
another member, the whole or any part of his requirements for safety
razor blade holders and/or blades for the purpose of disposing of
them in the ordinary course of business under his own name or
under a brand name.
Section 16. The members of the Industry recognize that the stand-
ards of the Industiy and the distribution of the products of the In-
dustry may be best served and promoted by the sale and other distri-
bution of the i^roducts of the Industry only by and through recog-
nized and customary whcjlesale and retail dealers and traders m
the products of the Industry and other allied and associated products
having an established place of business.^
Section 17. No member of the Industry shall sell blades " seconds "
or resharpened used blades unless they are clearly marked as such on
the packages, merchandise cards, and advertising material in con-
nection with which they are to be sold.
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 tlie 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 costs
should be delayed, and when made, such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Article XI — Modifications
Section 1. This Code and all provisions thereof are expressly
made subject to the right of the President, in accordance with 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 regu-
lation issued under Title I of said Act.
Section 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 by the Code
Authority to the Administrator and such Notice and Hearing as he
shall specify and to become effective and be a part of tliis Code on
approval by the President.
Article XII — Effective Date
This Code shall become effective at 12 :01 A.M. o'clock on the tenth
day after it is approved by the President.
Ai)prove(l Code No. 489.
liegistry No. 1108-1-03.
i
' See paragraph 2 of order approving this Code.
o
Approved Code No. 490
CODE OF FAIR COMPETITION
FOR THE
IMPORTED DATE PACKING INDUSTRY
As Approved on July 22, 1934
(NOTE. — This Code was originally Code No. 1 of the Agricultural
Adjustment Administration)
ORDER
Approving Modification and Amendment to Code of Fair Compe-
tition FOR THE Imported Date Packing 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 modifica-
tion and amendment of the Code of Fair Competition for the Im-
ported Date Packing Industry; hearings having been duly held
thereon and the annexed report on said modification and amendment,
containing findings with respect thereto, having been made and di-
rGctjGcl to tiiG PrGsiciGiit •
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; amendment of Executive Order No. 6182 (as supplemented
by Executive Order No. 6207 and Executive Order No. 6345), dated
January 8, 1934; letter of the Secretary of Agriculture, dat^d Feb-
ruary 13, 1934, designating me as agent, pursuant to Article X of
the Code aforesaid, and otherwise; do hereby incori^orate, by refer-
ence, said annexed report and do find that said modification and
amendment and the Code as constituted, after such modification and
amendment, 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 and amendment be, and the
same 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 and amended. Such approval and such amend-
ment and modification to take effect ten (10) days from the date
hereof, unless good cause to the contrary is shown to the Adminis-
trator before that time and the Administrator issues a subsequent
75360° 829-126 34 1 (217)
218
order to that effect : provided, however, that the provisions of Sub-
section (b). Section 1, Article VII, insofar as they prescribe a wait-
ing period between the filing with the Code Authority of the effective
date of revised schedules of prices, be and they are hereby stayed
pending ni}^ further order either within sixty (60) days from the
effective date of the Code as modified and amended or after the com-
pletion of a study of the open price associations now being conducted
by the National Recovery Administration.
Hugh S. Johnson,
Ad'tninist7'ator for Industrial Recovery.
Approval recommended :
Armin W. Riley,
Division A dmi'mstrator.
Washington, D.C,
Jidy 22, 19SIt,
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Imported Date Packing Industry as modified and amended, and on
the hearing conducted thereon in Washington, D.C., May 23, 1934, in
accordance with the provisions of Title I of the National Industrial
Recovery Act.
GENERAL STATEMENT
The Imported Date Packing Industry, through the Date Industries
Committee, its Code Authority, has offered modifications and amend-
ments to Code of Fair Competition No. 1-AAA for the Imported
Date Packing Industry.
This Code Avas approved by you on November 11, 1933, but did not
become effective until November 20, at which date the packing season
for this Industry had been practically completed. The Code carried
a provision making the hours and wages provisions of said Code
efi'ective until January 1, 1934, at the end of which period the Date
Industries Committee was required to submit a complete report on
hours and wages, with the view of modifying such provisions on the
basis of more accurate labor statistics to be compiled.
Between the date of your approval of this Code and the effective
date thereof, January 1, 1934, the last day upon which such labor
report was due, little or no progress could be made bj' the Date In-
dustries Committee as the packing season was virtually over, and in
addition considerable confusion existed in view of the transfer of the
jurisdiction of this Code from the Agricultural Adjustment Admin-
istration to the National Recovery Administration. The packing
season for packaged dates normally is at its peak in September,
October, November and December, and while the Industry was ready
to amend the Code on the basis of code provisions, the National
Recovery Administration postponed the hearing for such modifica-
tions and amendments until the present time, in order that several
studies being conducted by the Administration on various code pro-
visions could be completed and the results thereof be incorporated
into this Code as modified and amended.
RESUME OF MODIFICATIONS AND AMENDMENTS
The Code as originally approved by you placed the jurisdiction
of other than the hours and wages provisions in the hands of the
Secretary of Agriculture. Subsequently such jurisdiction was re-
transferred to the Administrator for Industrial Recovery. It was
necessary, therefore, to practically modify and amend the entire
(219)
220
Code, not only for the purposes of having the Code conform to pres-
ent N.R.A. policies in its entirety, but also to place full jurisdiction
over the entire Code in the hands of the Administrator for Industrial
Recovery.
As a practical matter the resulting code, as modified and amended,
while carrying some changes in substance, is mainly a matter of
rewording in the light of the Administration's experience in draft-
ing code provisions. Except for some few changes the hours and
wages provisions remain substantially the same. Weekly wages for
watchmen, however, have been raised from sixteen dollars ($16.00)
to eighteen dollars ($18.00) per week. Perniissive overtime has been
reduced, and such overtime as is permitted is controlled through the
payment of time and one-third for all such permissive hours over
the basic forty hour week and nine hour day. lii addition, the In-
dustry's operations are required to be placed on a schedule which
normally Avill not permit any employee to work more than eight
(8) hours in any day.
The articles on administration have been completely redrafted in
order to reflect N.R.A. policy and uniformity of Code Authority
administration. The manner of selection of the Code Authority has
been found satisfactory and has accordingly been retained in this
modification and amendment.
Article VIII, having to do with unfair trade practices, has been
entirely revised, and the substituted provisions reflect present policy
of the Administration in the light of practically nine (9) month's
operation under codes.
No radical change appeared possible in the matter of decreasing
hours or increasing wages generally, inasmuch as the Industry have
never operated, except for a small portion of the peak season, under
these provisions, and it was felt necessary to leave the hours and
wages generally as in the original code, particularly in view of the
fact that evidence was submitted by the Date Industries Committee
actually indicating increasing employment and a considerable in-
crease in the minimum wages paid under this Code as compared to
pre-code hours and wages.
By a spirit of fine cooperation between the Code Authority for
the Industry, members of the Industry and the Administration, one
hundred percent (100%) compliance with the hours and wages pro-
visions of the Code have been obtained. Operation for a full year
under the existing hours and wages provision, together with exhaus-
tive reports on their effect, should be continued when a further
revision may bo possible after such full year's operation.
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 jnatter :
I find that:
(a) 'l]w Code as modified and amended is well designed to pro-
mote 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 pro-
moting the organization of industry for the purpose of cooperative
action among trade groups, by inducing and maintaining united
221
action of labor and management under adequate governmental sanc-
tion and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the }n-esent produc-
tive capacity of the industries, by avoiding undue restrictions 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 uneniploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as modified and amended 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.
(c) The Code as modified and amended is not designed to and
will not permit monopolies or monopolistic practices.
(d) The Code as modified and amended 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
amendments.
For these reasons the Code as modified and amended has been
approved.
Respectfully,
Hugh S. Johnson,
A diivinistrator.
July 22, 1934.
CODE OF FAIR COMPETITION FOR THE IMPORTED
DATE PACKING INDUSTRY
Article I — ^Purposes
To effect the policies of Title I of the National Industrial Recovery
Act, the following provisions of this Code are established as a Code
of Fair ConiiDetition for the Imported Date Packing Industry, and
shall be the standards of fair competition for such Industry and
ehall be binding upon every member thereof.
Article II — Definitions
Section 1, As used in this Code:
(a) The terms "President", "Act" and "Administrator" mean
respectively the President of the United States, Title I of the Na-
tional Industrial Recovery Act, and the Administrator for Industrial
Recovery.
(b) The term "Imported Date Packing Industry" or the term
" Industry " mean the processing and/or packing of imported dates
and sales thereof in packages containing not more than four and
one-half (414) pounds by the processor and/or packer, and such
related branches or subdivisions as may from time to time be included
under the provisions of this Code.
(c) The term "Member of the Industry" includes, but without
limitation, any individual, partnership, association, corporation, or
other form of enterprise and their affiliates and/or subsidiaries en-
gaged in the Imported Date Packing Industry, either as an employer
or on his or its own behalf.
(d) " Imported Dates " means dates imported into the United
State, pitted or unpitted, and processed and/or packed with or
without tlie addition of syrup by the processors.
(e) The term " employee " means any and all persons engaged
in the Industry, however compensated, except a member of the
Industry.
(f) The term "employer" means any person by whom any such
employee is compensated or employed.
(g) The term " watcliman " means any emi)loyee whose principal
function is watching and guaitling the ])remises and property of
any establishment of a member of the Industry.
(h) The term " outside salesman " means any salesman who spends
at least sixty (00) percent of his woi-lcing lioiirs outside of the estab-
lishment or any branch thereof of his employer, and who does not
regularly deliver merchandise.
(i) The term "buyer" means any commercial Imyer as dis-
tinguished from an ultimate consumer.
223
(j) The term "Code Authority" means the Code Authority pro-
vided for in Article VI of this Code.
(k) " Pack " means a quantity of dates processed and/or packed
over any given period for distribution and sale.
Article III — Houks
Section 1. No employee shall be permitted to work in excess of
forty (40) hours in any week or nine (9) hours in any day, with
the following exceptions :
(a) The provisions of this Section shall not apply to employees
engaged in managerial, executive, or supervisory capacities, regu-
larly receiving not less than thirty-five ($35.00) dollars per week,
and outside salesmen.
(b) Watchmen shall not be permitted to work in excess of fifty-
six (56) Iiours in any week.
(c) Engineers, firemen, foremen, foreladies, shipping and receiv-
ing clerks shall not bo permitted to work in excess of forty-four
(44) hours in any week or nine (9) hours in any day.
(d) The provisions of this Section shall not apply to employees
engaged in emergency maintenance and emergency repair work in-
volving breakdowns or protection of life and property, provided
that in every such special case such employees shall be compensated
not less than at a rate of one and one-third (l^/s) their normal hourly
rate for all hours worked in excess of forty (40) hours in any week
and nine (9) hours in any day,
(e) During the months of September, October, November and
December, employees may be permitted to work forty-four (44)
hours per week; proA'ided that such employees shall be compensated
not less than at a rate of one and one-third (IVs) their normal
hourly rate for ail hours worked in excess of forty {4:0) hours in any
week and nine (9) hours per day.
Section 2. Employers shall adjust their operations to the end
that a normal work day for anj'^ employee shall not exceed eight (8)
hours.
Section 3. No emploj^ee shall be permitted to work more than
six (G) days in any seven (7) day period.
Section 4. All employees, except those enumerated in subsection
(a). Section 1 of this Article, shall be compensated not less than
at a rate of time and one-third (IVs) their normal hourly rate for
all hours worked on Sundays and legal holidays.
Article IV — Wages
Section 1. No employee engaged in clerical, accounting or other
office work shall be paid less than at a rate of sixteen ($16.00) dollars
per week.
Section 2. No watchman shall be paid less than at a rate of
eighteen ($18.00) dollars per week.
Section 3. No male employee other than those provided for in
Sections 1 and 2 of this Article shall be paid less than at a rate
of forty cents (400) per hour, and no female employee other than
75360° 829-126 34 2
224
those provided for in Section 1 of this Article shall be paid less
than at a rate of thirty cents (30^) per hour.
Section 4. Female employees performing substantially the same
work as male employees shall be paid not less than at the rate of pay
for such male employees.
SrxTioN 5. This Code 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.
Section 6. In order to maintain diilerentiais existing between
employees prior to the effective date of this Code, (unless such
adjustments have been made theretofore) equitable adjustments of
wage rates will be made in the case of such employees receiving more
than the minimum rates provided for herein.
Section 7. Wages shall be exempt from fines and rebates; and
from charges and deductions, except charges and deductions for
employees' contributions, voluntarily made by employees, or re-
quired by law, for pension, insurance or benefit funds. No em-
ployer shall withholcl wages except upon service of legal process or
other papers lawfully requiring such withholding. Deductions for
other purposes not heretofore stated may be made only when the
contract is in writing and is kept on file by the employer for six
(6) months after the termination of the contract.
Section 8. Employers shall make payment of all wages in lavy'fiil
currency or by negotiable checks payable on demand.
Section 9. A person whose earning capacity is limited because
of age, physical, mental handicap, or other infirmit}', 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 au-
thorizing such person's employment at such wages and for such hours
as shall be stated in the certificate. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by him, shovv-ing the wages paid to, and the maximum hours of
work for such employee.
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 eniploj^ed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within ninety (90) days after the effec-
tive date of tliis provision a list of such o})erations or occupations.
In any jurisdiction an employer sludl be deemed to have comjdied
with this provision as to age if he shall have on file a certificate
or permit duly signed by the Authority in such jurisdiction em-
powered to issue enipk)yment oi- age certificates or permits showing
tl)at the eiiij)lf)yee is of the required age.
Section 2. Employees shall have the right to organize and bar-
gain c(j]Iectively through representatives of their own choosing, and
shall be free f I'om the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives or
225
in self -organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
Section 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.
Section 4. Employ<?rs shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
Section 5. No employee now employed at a rate in excess of the
minimum shall be discharged and reemployed at a lower rate for
the purpose of evading the provisions of this Code.
Section 6. No provision in this Code shall supersede any 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 lire protection, than
are imposed by this Code.
Section 7. If any employer of labor in the Date Packing Industry
is also an employer of labor in any other Industry the provisions of
this Code shall apply to and affect all labor employed by said em-
ployer, in the plant in which dates are packed, until such time as
Codes of Fair Competition have been approved for the other Indus-
try or Industries operating in the same plant as the packaging of
dates; provided, however, that labor operating under substituted
provisions of the President's Reemployment Agreement in the same
plant in v/hich dates are processed and /or packed may continue to
operate under such substituted provisions as long as said substituted
provisions are ell'ective.
Section 8. No employer shall knowingly permit any employee to
work for a total number of hours in excess of the number of hours
prescribed for his occupation for each week and day whether
employed by one or more employers.
Section 9. No employer shall reclassify employees, or reclassify
the duties or occupations performed by them, or change the method
of compensation of employees, or engage in any subterfuge Avhich
tends to or will defeat the purpose or provisions of the Act or of this
Code.
Section 10. No increase in the amount of production or work shall
be required of employees for the purpose of avoiding the benefit to
employees prescribed by this Code with respect to wages and hours
of employment*
Section 11. Every employer shall provide for the safety and health
of employees during the hours and at the j^laces of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator within six (6) months after the
effective date of this provision.
Section 12. All employers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. Every
member of the Industry shall comply Avith all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed by the Administrator.
226
AlIilCLE VI OUGAXTZATION. PoWERS AND DuTTES OF THE CoDE
Authority
PART A ()R(iA NIZATIOX
Section 1. A Code Authority to consist of five (5) members shall
be elected each year between the dates of June 1 and June 15 for the
purpose of administering, sui^ervising, and promoting the perform-
ance of the provisions of this Code from July 1 of such year to
June 30tli of the succeeding year.
Said Code Authority shall be selected in accordance with the
following rules :
(a) Each member of the Industry shall be entitled to one vote for
each 5.000 cases, each containing approximately 68 pounds of dates,
packed and/or processed in the preceding calendar year, provided,
however, that each member of the Industry shall in any case be
entitled to at least one vote in the selection of the Code Authority.
(b) At least one member of the Code Authority shall be affiliated
wnth a member of the Industry who in the preceding calendar year
packed and/or processed less than 10.000 cases, each containing
approximately G8 pounds of dates.
(c) In addition to membership of the Code Authority as provided
in Section 1 of this Article, there may be one (1) to three (3) mem-
bers of the Code Authority, without vote, and without expense to
the Industry, appointed by the Administrator to serve for such terms
as he may designate. Such members, together Avith the Adminis-
trator, shall be given notice of. and shall be permitted to sit at all
meetings of the Code Authority.
(d) In the selection of the Code Authority a vote cast by mail
or by proxy shall have the same force and effect as a vote cast in
meeting.
(e) Nothing herein sliall be construed to pi-event the reelection of
a Code Authority member to serve for more than one term.
(f ) Any vacancies occurring in the membership of the Code Au-
thority shall be filled for the unexpired term by vote of the Code
Authority, subject, however, to the provisions of subsection (b)
hereof.
(g) The Code Authority shall have as its chairman one of its
members duly elected b}^ said Code Authority.
(h) The ('ode Authority shall have a Managing Agent duly
elected and appointed by said Code Authority. Said Managing
Agent shall perform such duties as may be designated by the Code
Autliority.
Section 2. Each trade or industrial association directly or indi-
rectly ])articipating in the selection or activities of the Code Author-
ity shall (1) im])ose no inequitable I'cstrictions on membership, and
(2) submit to the Administratoi- true copies of its articles of asso-
ciation, 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 effectuate the ])ur|)oses of tlie Act.
Section 3. In order tliat the Code Authority sliall at all times be
truly representative of the Industry and in other respects comply
227
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.
Section 4. 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 Au-
thority, 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 non-
feasance.
PART B — POWERS AND DtJTiES
Section 1. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code.
(a) To in^sure the execution of the provisions of this Code and pro-
vide for the compliance of the industry with the provisions of the
Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration of the Code.
(c) To obtain from members of the Industry such information
arid reports as are required for the administration of the Code and to
provide for submission by members of the Industry of such informa-
tion and rejDorts as the Administrator may deem necessary for the
purposes recited in Section 3 (a) of the Act, Avhich information and
reports shall be submitted by members to such administrative and/or
government agencies a,s the Administrator may designate; jjrovided
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 directed by the Administrator.
(d) To investigate, upon complaint of any interested party (if in
the opinion of the Code Authority, the complaint warrants such
action) and subject to such rules and regulations as the Adminis-
trator may establish, any alleged specific violation or violations of
any provision or provisions of this Code and, if it deems advisable,
to require a report based upon records of transactions in the indus-
try kej)t in accordance with the requirements of any of the provisions
of this Code in such form as the Code Authority shall prescribe,
from any member or memljers of the Industry against whom such
complaint shall have been made, setting forth the facts pertaining to
the alleged violation or violations.
(e) In the event any member or members of the Industry ghall
fail to file a report or reports when requested by the C'Ode Authority
so to do, in accordance with the preceding paragraph, or in the event
228
the Code Authority shall be of the opinion that any such report or
reports when filed would not truly reflect the facts, or, in the case
of any such report, that the details requested by the Code Authority
shall not have l)een furnislied, the Administrator, u]ion the reciuest
of the Code Authority, during reasonable business hours, nuiy cause
any of such books and records required to be kept, in accordance with
the requirements of any of the provisions of this Code, to be exam-
ined by disinterested certified public accountants or other account-
ants having equal qualifications, in order to determine whether the
alleged violation has occurred. After making such examination,
said accountants shall make a report of their findings to the Admin-
istrator, who shall take such action as he deems advisable.
(f ) If, after examining -diij reports filed in accordance with either
of the preceding two paragraphs, and after making any other in-
vestigations, and after such hearings as it shall deem advisable, the
Code Authority shall determine that any violation of this Code has
been committed, it shall, at its option, (1) notify the member or
members of the Industry so violating the Code and request that such
violation be discontinued, and if the party continues in such viola-
tion, the Code Authority shall then notify the Administrator; or (2)
report its findings of fact and reconnnendations to the Administrator,
who may take such action under applicable law as he deems necessary.
(g) To use such trade associations, other agents or agencies or to
create and use regional or sub-code authorities as it deems proper for
t^ie carrying out of any of its activities provided for herein, pro-
vided that nothing herein shall relieve the Code Authority of its
duties or responsibilities under this Code and that such trade asso-
ciations and agents or agencies shall at all times be subject to and
comply with the provisions "hereof.
(h) 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.
(i) To appoint a trade practice committee who shall meet and
confer with like committees to be appointed by code authorities of
codes of related trades and/or industries, with a view to formulating
fair trade practices to govern the relationship between production
and distribution employers of such trades and/or industries; to the
end that such fair trade practices may be proposed to the Admin-
istrator as amendments to this Code, and to such other codes or
related trades and/or industries.
(j) To reconnnend to the Administrator measures for industrial
planning, including stabilizaticm of employment.
(k) To elect a represent^itive to serve on any conference or ad-
visory connuittee which may be established by the Administrator for
the entire grocery and food manufacturing industry; and to con-
sider recommendations fornuilated by such committee and approved
by the Administrator, for the modification of this Code.
(1) (1) It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proi)er for the foregoing i)urposes, and to meet such obligations
229
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated expenses for
the foregoing- purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Industry;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided (unless duly exempted from making such contributions), shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activi-
ties or to make use of any emblem or insignia of the National
Recovery Administration.
(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
(rti) To initiate, if necessary, and, recommend modifications or
amendments of this Code, which upon approval by the Adminis-
trator, after such notice and hearing as he may require, shall become
a part of this Code.
(n) To make, in cooperation with such governmental agency as
the' Administrator may designate, an investigation of (1) standard-
ization of package sizes and (2) grades and standards for package
dates,' and report its findings and recommendations to the Admin-
istrator on or before May 1, 1935.
Section 2. If the Administrator shall determine that any action
of a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of such action and further consideration by such
Code Authority or agency pending final action, which shall not be
effective unless the Administrator aj^proves or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
Article VII — Prices akd Discounts
Section 1. Price Schedules. — (a) Each member of the Industry-
shall, within ten (10) days after the effective date of the Code, file
230
with the Code Authority a scli^dule of prices for all packages of
dates offered for sale by him, including allowances, discounts and
terms and conditions of sale, and from and after the expiration of
such ten (10) days such processor shall at all times maintain on file
with the Code Authority such price schedule for all such package
dates; and shall not sell at other than such prices then on file as
effective, except as otherwise provided in Section 5 hereof.
(b) An}^ member of the Industry desiring to change such prices
shall file a revised price scliedule with the Code Authority, and such
revised schedule of prices shall become effective not less than five
(6) days after and exclusive of the date of filing thereof, Sundays
and holidays excluded.^
(c) Price schedules filed as provided for in Section 1 of this Article
shall be available to all members of the Industry, the Administrator
and to buyers.
Section 2. Price Discrnninati-on. — No member of the Industry
shall discriminate in price among buyers. The term " discriminate
in price " as used in this Section means directly or indirectly charg-
ing a different price to buyers in the same quantity and/or distribu-
tion class Avho are located in the same competitive market or any
action taken by any member of the Industry pursuant to the provi-
sions of subsection (b) Section 1 of this Article which tends to or
results in such discrimination in price.
Section 3. Cash Disco\mts. — No member of the Industry shall
allow a cash discount which is not duly earned in accordance with
the terms of cash discount as filed under the provisions in Section 1
of this Article.
Section 4. Quantity Price. — No member of the Industry shall
offer or make a quantity price unless it is a genuine quantity price,
and unless it is equally available to all buyers in the same quantity
class. The term " genuine quantity price " as used in this Section
means a price differential which is based upon and reasonably
measured by a saving in cost to the seller.
Section 5. Destructive price cutting is declared an unfair method
of competition and is forbidden.
(a) When no emergency exists and when no lowest reasonable
cost is in effect, as hereinafter provided, for any given product or
products, it is intended in order to foster fair price competition that
pricing practices should give due consideration to sound cost esti-
mating methods, but that when no emergency exists no minimum
basis lor prices should be fixed. In order to facilitate the estimating
of costs hereunder and to encourage the use of proper accounting
methods for purposes of internal management, the Code Authority
shall cause to be formulated an accounting system and methods of
cost finding and/or estimating capable of use by a).l members of
the Inchistry and shall submit snich system and methods to the Ad-
ministrator for review and possible disapproval. Full details and
instructions concerning such methods sliall be nuide available to all
members of the Industry and to the Administrator and thereafter
all such members sliould utilize the principles of such methods in
determining and/or estimating costs. No member of the Industry
shall be deemed to have engaged in destructive price cutting, at a
* Bee piir;if,'riii)li 2 of order npprdviiig Hiis Code. *
231
time when the lowest reasonable cost for such product or products
determined pursuant to subsection (b) of this Section is not in effect,
if an impartial agency, desig-nated or approved by the Administra-
tor, shall find (1) that proper use has been made of and due con-
sideration given to the cost estimating methods above referred to or
(2) that the price at which sale or oft'er of sale has been made is
justified by existing competition, evidence of which has been reported
to the Code Authority, or (3) that such price is justified as a method
of disposal of distressed stocks on hand which must be for fiufficient
reasons disposed of immediately.
(b) When the Administrator and/or Code Authority determines
that an emergency exists in the Inthistry such as to render ineffective
or seriously to endanger the mainteinance of the provisions of this
Code the Code Authority may cause to be determined the lowest
reasonable cost of the product (s) of this Industry, such determina-
tion to be subject to such notice and a hearing as the Administrator
may require. Due notice of such determination, when approved,
shall be given to all members of the Industry. The Code Authority
or the Administrator may, upon its or his own initiative or upon
the request of any interested party, from time to time, cause such
determinations to be reviewed or reconsidered and appropriate
action taken. During any such einergency, any sale below the lowest
reasonable cost of the particiilar product (s) as determined pur-
suant to this subsection shall be deemed destructive price cutting,
unless justified by notification to the Code Authority as a necessary
means of disposal of distressed stocks on hand which must be for
sufficient reasons disposed of immediately.
Article VIII — Unfair Trade Practices
Section 1. Inaccurate AdvertMlng. — 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 pub-
lication and/or other products (including, but without limitations,
their use, trade-mark, grade, quality, origin, size, substance, charac-
ter, nature, finish, material, content, or preparation) or credit terms,
values, policies, services, or the nature or form of the business.
Section 2. False BiUing. — 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 particular.
Section 3. /Secret Rebates. — No member of the Industry shall
secretly, directly, or indirectly offer or make any payment or allow-
ance of a rebate, refund, commission, credit, of 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 cus-
tomers of the same class, for the purpose of influencing a sale.
Section 4. Threats of Lairsnits^ etc. — No member of the Industry
shall make, publish, or circulate unjustified or unwarranted threats
of the exercise of influence directed particularly at the security of
office or position, or of legal proceedings which tend to or have the
effect of liarassing compedtors or intiniidatiKg customers.
232
Section 5. 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 emplo3^ee, 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. This provision shall not be
construed to prohibit free and general distribution of articles com-
me>nly used for advertising except so far as such articles are actu-
ally used for commercial bribery as hereinabove defined.
Section 6. Misbranding. — No member of the Industry shall brand
or mark or pack any goods in any manner which is intended to or
does mislead purchasers with respect to the brand, quality, quantity,
origin, size, character, nature, finish, material content, or preparation
of such goods.
Section 7. Coercion: — No member of the Industry shall require
the purchase of any packaged dates as a prerequisite to the purchase
of any other products.
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-
lations issued under Title I of said Act.
Section 2. This Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in cir-
cumstances, 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 discrimi-
nate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation of 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
This Code shall become effective on the ninth day after its
approval by the President.
A[)pr()ve(l CtKlo No. 400.
Registry No. 121-03.
O
AMENDMENTS
78805—34 2
Approved Code No. 1 — Amendment No. 6
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON TEXTILE INDUSTRY
As Approved on July 6, 1934
ORDER
Modification of 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
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Cotton Textile Industry,
and opportunity to file objections thereon having been duly afforded
to all interested parties and the annexed report on said amendment,
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 amendment 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 amendment
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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Divimon Administrator.
Washington, D.C,
July 6, 193Jf.
(233)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: I have the honor to submit herewith an amendment to the
Code of Fair Competition for the Cotton Textile Industry. The
amendment, which is attached, was presented by the Code Authority.
Notice of opportunity to file objections to this amendment was
given and no objections were received.
The amendment provides that that portion of Section 2, relative
to employees in the Industry who are partially incapacitated by
reason of age and who shall receive not less than a stipulated amount
of the minimum Avage in the Code, and further that such number of
employees shall not exceed a stijDulated percentage of the total of
the number of employees in the plant, shall be stricken out, and that
the Executive Order of February 17, 1934 be inserted.
FINDINGS
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 proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
Avell 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 wel-
fare 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, hy 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 consump-
tion of industrial and agi-icultural i)roducts tln'oiigh increasing pur-
chasing power, by reducing and relieving unemployment, by im-
pi-oving standards of labor, and by otherwise rehabilitating industry.
(b) The Code as amended com})lies 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 Subsecti(m (b) of Section 10 thereof.
(c) The Code Authority is empowered to present the aforesaid
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.
(234)
235
(e) The amendment and the Code as amended are not designed
to and Avill 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 the above reasons this amendment has been approved by me.
Eespectfiilly,
Hugh S. Johnson,
' Administrator.
July 6, 1934.
AMENDMENT TO CODE OF FAIE COMPETITION FOR THE
COTTON TEXTILE INDUSTRY
That the portion of Section II of the Code reading as follows:
" In the case of employees in the Industry who are partially
incapacitated by reason of age, injury, incompetency or infirmity
the minimum wage shall not be less than 80 7o of the standard
minimum wage hereinabove set forth, provided that such em-
ployees employed by any one employer ghall not exceed 4% of
the total number of his employees, and further that as a condi-
tion to the employment of such employees the Cotton Textile
National Industrial Relations Board may require such certificate
as it may find advisable with relation thereto,"
shall be stricken out and that the following be substituted in lieu
thereof :
"An employee whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage below the standard minimum
hereinabove set forth, if the employer obtains from the state
authority, designated by the United States Department of Labor,
a certificate authorizing such employee's employment at such
wages and for such hours as shall be stated in the certificate.
Each employer shall file monthly with The Cotton-Textile In-
stitute, Inc., as agent of the Cotton Textile Industry Committee
to receive the same, a list of all such employees eniiDloyed by him,
showing the wages paid to, and the maximum hours of work for
such employee."
Approved Code No. 1 — Amendment No. 6.
Registry No. 299-25.
(236)
Approved Code No. 305 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FIBRE CAN AND TUBE INDUSTRY
As Approved on July 6, 1934
OKDEE
Approving Amendment to Code of Fair Competition for the Fibre
Can and Tube Industry
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Industrial Re-
covery Act, approved June 16, 1933, for approval of an amendment
to a Code of Fair Competition for the Fibre Can and Tube Industry,
and notice of opportunity to file objections having been published,
and the annexed report on said amendment 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 amendment and the Code as consti-
tuted 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 amendment 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
amended,
Hugh S. Johnson,
Ad^ninistrator for Industrial Recovery.
Approval recommended :
Geo, L. Berry,
Division Administi'ator.
Washington, D.C,
July e, 1934.
(237)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an amendment to the Code of Fair Competition for the
Fibre Can and Tube Industry, submitted by the Code Authority for
the Fibre Can and Tube Industry.
The purpose and effect of the amendment are to increase the num-
ber of members on the Code Authority for the Industry from six to
nine, as provided for in Article II, Section 1 of the Code.
FINDINGS
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 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 maintaining
united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoiding undue restrictions
of production (except as may be temporarily required), by increas-
ing the consumption of industrial and agricultural products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) Tlie Code as amended complies in all respects with the perti-
nent pi-ovisions of said Title of said Act, including without limita-
tion sub-section (a) of Secti(m 3, sub-section (a) of Section 7, and
sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate 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
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
July 6, 1934.
(2.38)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FIBRE CAN AND TUBE INDUSTRY
Amend Article II by eliminating therefrom Section 1 and substi-
tuting therefor a new Section 1 as follows :
" Section 1. Tlie Code Authority of the Fibre Can and Tube In-
dustry shall consist of nine (9) persons. Eight (8) of such persons
shall be selected by the Board of Directors of the Fibre Can and
Tube Association, and a ninth person shall be elected by the eight so
selected. At least three (3) of the eight (8) persons elected by the
said Board of Directors shall be engaged in the manufacture of tubes
and cones for winding textile yarns. In addition to the nine (9) per-
sons selected as above, the Administrator may designate from one (1)
to three (3) persons to serve on the Code Authority without vote and
without compensation from the Industry; provided, however, that
the inclusion of this provision in this Code shall not invalidate the
selection of any member of the Code Authority selected in accordance
with Section 1 of Article II of the Code as approved on February
24, 1934, nor any of the acts of the Code Authority adopted subse-
quent to the approval of the Code prior to the approval of this
Section."
Approved Code No. .305 — Amendment No. 1.
Registry No. 311-03.
(239)
Approved Code No. 247 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FOOD DISH AND PULP AND PAPER PLATE
INDUSTRY
As Approved on July 6, 1934
ORDER
Approving Amendments of Code of fair Competition for the Food
DiisH AND Pulp and Paper Plate 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 Food Dish and Pulp and
Paper Plate Industry, and notice of opportunity to file objections
having been published, and the annexed report on said amendments
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 Decem-
ber 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 pur-
poses of said Title of said Act, and do hereby order that said amend-
ments 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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Ad^ninistrator.
Washington, D.C,
Jidy 6, 1934.
(241)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for amendments to the Code of Fair Competition for the Food
Dish and Pulp and Paper Plate Industry, submitted by the Code
Authority for the Food Dish and Pulp and Paper Plate Industry.
The purpose and effect of the amendments are
(a) To authorize the Code Authoritj^^ to submit a budget and
method of assessment upon which funds shall be contributed by
members of the Industry and
(b) To add a standard partnership clause.
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 obstruc-
tions to the free flow of interstate and foreign commerce whicli
tend to diminish the amount thereof, and will provide for the gen-
eral 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 com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue
restrictions 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 reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects witli the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (b) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amendments and the Code as amend(Ml are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(242)
243
(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
amendments.
For these reasons, therefore, I have approved these amendments.
Respectfully,
Hugh S. Johnson,
Administrator.
July 6, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FOOD DISH AND PULP AND PAPER PLATE
INDUSTRY
Amend Article II
I. By eliminating therefrom Section 5 and substituting therefor
a new Section 5 as follows :
'• 5. It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
"(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
""(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
"(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tributions as above set forth, bj^ all members of the Industrv, and to
that end, if necessary, to institute legal proceedings thereior in its
own name.
"(d) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided (un-
less duly exempted from making such contribution), shall be entitled
to ])articipate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Administra-
tion.
"(e) The Code Authority shall neither incur nor pay any obliga-
tion in excess of tho amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditure in
excess of prior budget estimates except those which the Administra-
tor shall have so approved."
II. By inserting a new section to be known as Section 8 as follows:
"8. Nothing contained in this Code shall constitute the members
of the Code Authority })artners foi- nny jiui-pose; nor shall any
(244)
245
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 exer-
cising 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 malfeasance or non-feasance."
Approved Code No. 247 — Amendment No. 1.
Registry No. 407-1-04.
Approved Code No. 187 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON CLOTH GLOVE MANUFACTURING
INDUSTRY
As Approved on July 9, 1934
ORDER
\.ppro\t;ng Amendment to Code of Fair Competition for the Cot-
ton Cloth Glove Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
[lecovery Act, approved June 16, 1933, for approval of an amend-
nent to a Code of Fair Competition for the Cotton Cloth Glove
ylanufacturing Industry, and notice of opportunity to file objec-
ions having been published thereon and the annexed report on said
imendment, containing findings with respect thereto, having been
nade and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
5tates, I, Hugh S. Johnson, Administrator for Industrial Recovery,
)ursuant to authority vested in me by Executive Orders of the
!*resident, including Executive Order No. 6543-A, dated December
10, 1933, and otherwise; do hereby incorporate, by reference, said
nnexed report and do find that said amendment and the Code as
onstituted after being amended comply in all respects with the
)ertinent provisions and will promote the policy and purposes of
aid Title of said Act, and do hereby order that said amendment be
nd it is hereby approved, and that the previous approval of said
"ode is hereby modified to include an approval of said Code in its
ntirety as amended.
Hugh S. Johnson,
Administrator for Iiidustrial Recovery.
Approval recommended:
Sol a. Rosenblatt,
Division Administrator.
Washington, D.C.
July ,9, WSIf.
78805—34 3 (247)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: Notice of opportunity to file objections to the proposed as-
sessment amendment to the Code of Fair Competition for the Cotton
Cloth Glove Manufacturing Industry, as submitted by the Code
Authority, was published on May 15, 1934. During the period for
the filing of objections, one objection to the proposed amendment was
received, but upon inA^estigation it was found that this objection was
without suiRcient foundation to warrant withholding approval of
the amendment.
The proposed amendment was submitted by the Code Authority in
accordance with your Order of April 14, 1934.
The proposed amendment was revised pursuant to instructions
issued by the Legal Division.
In final form this amendment has been approved by the Industrial
Advisory Board, the Labor Advisory, the Consumers" Advisory
Board, the Research and Planning Division and the Legal Division
of the National Recovery Administration.
The Deputy Administrator in his final report to me on the 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 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 tlie purpose of
cooperative action among trade groups, by inducing and maintaining
united action of labor and management under adequate govern-
mental 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 in-
creasing purchasing power, by reducing and relieving unemployment,
by improving standards of laljor, and by otherwise rehabilitating
inchistry.
(b) The Code as amended complies in all respects with the perti-
nent inovisi(ms of said Title of said Act, including witliout limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 tliereof.
(c) The Code empowers the Cfxk' Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(248)
I
249
(d) The amendment and the Code as amended are not designed
to and will not permit monojjolies 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
oj^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
amendment.
For these reasons, this amendment has been approved.
Kespectfully,
Hugh S. Johnson,
Adminis tra tor.
July 9, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON CLOTH GLOVE MANUFACTURING IN-
DUSTRY
Section 4 of Article VI shall be deleted and the following inserted
as Sections 4, 5, and 6 under said Article VL
4. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition estab-
lished by this Code and to effectuate the policy of the Act, the Code
Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the Industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
5. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as provided in Section 5 hereof
shall be entitled to participate in the selection of the members of the
Code Authority or to receive the benefit of its voluntary activities.
6. The Code Authority shall neither incur nor pay any obligations
in excess of the amount thereof as estimated in its approved budget,
except upon approval by the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
ApprovtMi ('ode No. 187 — Amendment No. 3.
Ke^i.stry No. 235-1-01.
(250)
Approved Code No. 219 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
BEDDING MANUFACTURING INDUSTRY
As Approved on July 10, 1934
ORDEPt
Approving Amendjient to 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 Industrial
Recovery Act, approved June 16, 1933, for a])proval of amendments
to a Code of Fair Competition for the Bedcling Manufacturing In-
dustry, 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. Gr)43-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed 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.
Hugh S. Johnson,
AclTninistrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Admin istrator.
Washington, D.C,
July 10, 1931^.
(251)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on amendments of the Code of Fair Com-
petition for the Bedding Manufacturing Industry as approved by
me on January 23, 1934. Application was made under date of
April 7, 1934 by the Code Authority for the Bedding Manufac-
turing Industry for amendment of certain of the provisions of Arti-
cles II and VII of the said Code. All interested parties were given
opportunity to present their views at a Public Hearing held on these
proposed fourteen amendments on May 4, 1934.
Six of these fourteen amendments have been approved by me.
They relate to the Code's definition of " Bedding Industry ", to the
status of certain States with resi^ect to the North-South wage differ-
ential, to the labelling regulations of the Code, to the wording of
commercial bribery prohibition, and to export trade.
The principal effects of these amendments will be to place West
Virginia, Maryland and the District of Columbia in the North rather
than in the South, to prescribe regulations for the labelling of bed-
ding containing bulk feathers, and down and to exem^jt shipments
for export trade from the terms of sale provisions of the Code.
The Assistant 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 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive ])ractices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consum])tion of industrial and agricultural j^roducts
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) ^J'lie CV)de as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the industry as a whole.
(252)
253
(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
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.
I believe the amendments to be fair to labor, to the consumer and
to the industry, and for these reasons, therefore, I have approved
these amendments.
Eespectfully,
Hugh S. Johnson,
A dministrator,
July 10, 1934.
AMENDMENT TO CODE OF FAIK COMPETITION FOR
THE BEDDING MANUFACTURING INDUSTRY
Amendment No. 1
Article II, Section 1, of the Bedding Code shall be and hereby is
amended, by inserting in parentheses aft^r the word " pillows " the
words, " including the preparation and processing of feathers and
down ", the section to read as follows :
" 1. The term ' industry ' as used herein, includes the manufac-
ture, remaking, repairing, or renovating of mattresses, pillows (in-
cluding the preparation and processing of feathers and down), 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,
remakes, or renovates for customers a bedding product previously
sold by such store to such customer; provided, further, that organ-
izations 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,"
Amendment No. 2
Article II, Section 6, of the Bedding Code shall be and hereby
is amended, by deleting the words, " West Virginia ", " Maryland ",
and " District of Columbia '", the Section to read as follows:
" 6. The ' South ' as used herein includes the following States :
"Virginia, North Carolina, South Carolina, Georgia, Florida, Ken-
tucky, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, Texas,
and Oklahoma. The ' North ' includes the remaining States of the
United States."
Amendment No. 6
Article VII, Part I, Section 4, subsection (c), of the Bedding Code
shall be and hereby is amended, by inserting at the beginning there-
of, and again, in quotation marks just before the word " curled ",
the word '' cruslied ", the subsection to read as follows :
" Crushed, curled or chopped feathers shall be designated by the
name of the fowl from wliich they came, preceded by the words,
' crushed ', ' curled ', or ' chopped '."
Amendment No. 7
Article VII, I*art I, Section 4, of the Bedding Code shall be and
hereby is amended, by striking out the words " feathers and down "
(254)
255
at the end of the first paragraph thereof, and by inserting after
paragraph (g) thereof a new paragraph as follows:
"(h) Bulk Feather and Doion Lahelling Rules. — No commodity
shall be sold, offered for sale, labelled, advertised or described as
down other than the under-coating of a water-fowl, consisting of
the light, flulTy filaments grown from one quill point but without
any quill shaft, except that a 10% tolerance by weight of small
water-fowl feathers only shall be allowed. Feathers and/or down
shall not be labelled with percentages or propositions of ingredients
unless such feathers and/or down do in fact contain the percentages
or proportions named, except that a tolerance of 10% by weight
shall be allowed."
Amendment No. 10
Article VII, Part I, Section 15, of the Bedding Code shall be
and hereby is amended, by deleting the word " spiffs " in the head-
ing and removing parentheses around " commercial bribery ", also
in the heading, and by deleting the words " loan ", " or loaned ",
" directly ", and " loan or "' in the first sentence, the section to read
as follows :
" 15. Gommeix-iaJ 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 rewarding the action of any emplo3'ee, agent, or
representative of another in relation to the business of the employer
of such employee, the }n-incipal of such agent or the represented
party, without the kn(jwledge of such employer, principal or party.
This provision shall not be construed to prohibit free and general
distribution of articles corhmonly used for advertising except so
far as such articles are actually used for commercial bribery as
hereinabove defined."
Amendment No. 13
Article VII, Part I, of the Bedding Code shall be and hereby is
amended, by adding after Section 32 a new Section numbered 33,
as follows :
" 33. Export Trade. — No provision of this Code relating to prices
or terms of selling, shipping or marketing, shall apply to export
trade or sales or shipments for export trade. ' Export Trade ' shall
be as defined in the Export Trade Act adopted April 10, 1918."
Approved Code No. 219 — Amendmeu!: No. 2.
Registry No. 1607-1-01.
Approved Code No. 18 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CAST IRON SOIL PIPE INDUSTRY
As Approved on July 10, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Cast Iron Soil Pipe Industry
An apiDlication 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 Cast Iron Soil Pipe
Industry, and opportunity to be heard thereon having been duly
Noticed to all interested parties, and the annexed report on said
amendment, 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 amendment 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 amendment
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 amended, such approval and such amendment to
take effect July 16, 1934, 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,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Ad^ninistrafor.
Washington, D.C.
July 10, 193 J^.
(257)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an Amendment to the Code of Fair Com-
petition for the Cast Iron Soil Pipe Industry, the Code having been
approved by your order dated September 7, 1933.
Notice of opportunity to be heard on this amendment was duly
posted to all interested parties providing an opportunity to file
objections to this amendment within a fourteen (14) day period,
and unless due cause to the contrary is shown within this period,
this amendment will become effective on July 16, 1934.
The Code is amended to provide that willful destructive price
cutting is an unfair method of competition and is forbidden and
the amendment further provides for the establisliment of minimum
prices during the period of emergency.
FINDINGS
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 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 gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the jjresent productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily
retjuired), by increasing the consumption of industrial and agri-
cultural products tlirough increasing purchasing power, by reducing
and relieving unemployment, by improving standards of lab«n-, and
by otlierwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act. including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies oi- monopolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppreas small enterprises and wiU not
operate to discriminate against them.
(258)
259
(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
amendment.
For these reasons therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
A dminis tra tor.
July 10. 1934. ,
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CAST IRON SOIL PIPE INDUSTRY
Section 17. The standards of fair competition for the industry
with reference to pricing practices are declared to be as follows :
(a) Wilfully destructive price .cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enter-
prise or tending toward monopoly or the impairment of code wages
and working conditions. The Code Authority shall within 5 days
afford an opportunity to the member filing the price to answer such
complaint and shall within 14 days make a ruling or adjustment
thereon. If such ruling is not concurred in by either party to the
complaint, all papers shall be referred to the Research and Planning
Division of N.R.A. which shall render a report and recommendation
thereon to the Administrator.
(b) When no declared emergency exists as to any given product,'
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and. that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of
Section 18 hereof, is forbidden.
Sectiox is. Emergency Provisions. — If the Administrator, after
investigation shall at any time find both (1) that an emergency has
arisen within the industry adversely affecting small enterprises or
wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum price for a speci-
fied product within the industry for a limited period is necessary to
mitigate tlie conditions constituting such emergency and to effectuate
the purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the Administrator
a determination of the stated minimum price of the .product affected
by the emergency and thereupon the Administrator may proceed to
determine such stated minimum price.
(b) When the Administrator shall have determined such stated
minimum i)rice for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National Indus-
trial Recovery" Act, he shall publish such price. Thereafter, during
such stated period, no member of the industry shall sell such specified
products at a net realized price below said stated minimum price
and any such sale shall be deemed destructive price cutting. From
time to" time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and a])propriate action taken.
Ai»pr(»vffl Ccxle No. 18 — Amendment No. 2.
Registry No. 1128-01. ]
(260) ;
i
Approved Code No. 1 — Amendment No. 7
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON TEXTILE INDUSTRY
As Approved on July 10, 1934
ORDER
Amending Code of Fair Competition for the Cotton Textile
Industry
An amendment to the Code of Fair Competition for the Cotton
Textile Industry having been approved on August 8, 1933, and an
application having been duly made pursuant to and in full com-
pliance with provisions of Title I of the National Industrial Re-
covery Act, approved June 16, 1933, for approval of the amend-
ment of certain provisions of said amendment, and it appearing
desirable that certain other provisions of said amendment be
amended, and annexed report on said amendments containing find-
ings 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 Code as constituted
after being amended, comply with all respects to the pertinent pro-
visions and will promote the policy and purposes of said Title of said
Act, and do hereby order that said amendments be and they hereby
are approved, and that the previous approval of the amended por-
tions of the Code are hereby modified to include an approval of said
portions of the Code in their entirety as amended.
Hugh S. Johnson,
AdTninistrator for Industrial Recovery,
Approval recommended :
Robert L. Houston,
Division Admin iMrat or.
Washington, D.C,
Juli/ 10, 193^.
(261)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON TEXTILE INDUSTRY
^ Section XVII of the Code of Fair Competition for the Cotton
Textile Industry shall be amended to read as follows:
To make proper provision with regard to any problem of working
conditions in the Cotton Textile Industry, including but without
limitation all claims and complaints of discrimination, representa-
tion, incorrect entries on pay envelopes, unwarranted reductions in
classification, increased stretch-out, alleged violations of Section
T(a) of the Industrial Recovery Act, and all other alleged violations
of Code provisions affecting relations between employers and em-
ployees, it is provided:
1. There shall be constituted by appointment of the Administra-
tor a Cotton Textile National Industrial Relations Board, to be
composed of five members, two to be nominated by the Cotton
Textile Industry Committee to represent the employers, two, at
least one of whom shall be from the employees of the Cotton Tex-
tile Industry, to be nominated by the Labor Advisory Board of the
NTational Recovery Administration to represent the employees, and
H fifth to be selected by the Administrator. This National Board
shall be provided by the National Recovery Administration with a
per diem for actual days engaged in its work and with such secre-
tarial and expert technical assistance as it may require in the per-
formance of its duties,
2. The Administrator, upon the nomination of the Cotton Tex-
tile National Industrial Relations Board, shall appoint in each state
m which the cotton textile industry operates a State Cotton Textile
Industrial Relations Board composed of three members, one of
whom shall be selected from the emploj^ers of the cotton textile
industry, one from the employees of the cotton textile industry, and
a third to represent the public.
3. Whenever, in any cotton textile mill a controversy shall arise
between emplo3'er and employees involving any problem of work-
ing conditions, including but without limitation" all claims and com-
plaints of discrimination, representation, incorrect entries on pay
envelopes, unwarranted reductions in classification, increased stretch-
out, alleged violations of Section 7 (a) of the Industrial Recovery
Act, and all other alleged violations of Code provisions affecting
relations between employers and employees, the employer and em-
ployees may establish an industrial relations committee chosen by
the management and by the employees of the mill and on which the
employer and employees shall have equal representation of not more
than three representatives each. If such a committee is not other-
wise established, the em])loyer or the employee, or both, may apply
to the State Industrial Relations Board for assistance and coopera-
tion in the establishment of such industrial relations committee.
(L'(i2)
263
The term of service of each such committee shall be limited to the
adjustment of such controversy or problem of working conditions
for the adjustment of which the committee Avas created.
If the representatives of the employers and of the employees in
such industrial relations committee are unable to arrive at an agree-
ment and united action with respect to such differences of opinion,
the representatives of the employers or of the employees, or both,
may appeal to the State Indu.-^trial Relations Board for cooperation
and assistance in arriving at an agreement and united action.
It shall be the duty of such Industrial Relations Committee to en-
deavor to adjust such controvers3\ In cases where such committee
reaches agreement with respect to any such controversy, such agree-
ment shall be final except that it shall be submitted to the Cotton
Textile National Industrial Relations Board for review and approval
under such regulations as such National Board may establish.
This provision for such industrial relations committee shall be so
construed as to permit the employees freely to choose their own rep-
resentatives in full compliance with the provisions of Section 7 (a) of
the Industrial Recovery Act.
4. It shall be the duty of the State Industrial Relations Board,
where their assistance is requested, as provided in subsection 3, to
cooperate with employers and employees in organizing such indus-
trial relations committees and to cooperate with such committees in
the development of conference procedures and in the adjustment of
differences of opinion with respect to the operation or introduction
of the stretch-out system and other problems of working conditions.
In the event that the State Industrial Relations Board is unable to
bring about agreement and united action of labor and management in
a controversy so appealed to it. such State Industrial Relations
Board shall present the controversy to the National Industrial Rela-
tions Board for hearing and final adjustment.
5. The National Industrial Relations Board shall hear and finally
determine all such questions brought before it on appeal by the State
Industrial Relations Boards and certify its decisions to the Admin-
istrator and shall have authority to codify the experience of the
industrial relations committees of the various mills and state boards
with a view to establishing standards of general practice with respect
to the stretch-out (or specialization) system or other problems of
working conditions.
Approved Code No. 1 — Amendment 7.
Registry 299-25.
78S0.-)— ."^4-
Approved Code No. 244B — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
• FOR THE
PAINTING, PAPERHANGING AND DECORATING
INDUSTRY
As Approved on July 10, 1934
ORDER
Approving Modification of Supplementary Code of Fair Com-
petition FOR the Painting, Paperhanging and Decorating
Industry
A di\t:sion of 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
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion to a Supplementary Code of Fair Competition for the Painting,
Paperhanging and Decorating Division of the Construction Industry,
and due notice and opportunity to be heard having been given 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
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 modification and the Code as
constituted after being modified comply in all respects with the perti-
nent 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,
Adminisfrafor for' Industrial Recovery.
Approval recommended :
Geo. L. Berry,
D ) vision A dininistrator.
Washington, D.G ..,
July 10, 1934.
(265)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on a modification of the Supplementary Code
of Fair Competition for the Painting, Paperhanging and Decorat-
ing Division of the Construction Industry which was approved by
you on February 17, 19^4.
The effect of this amendment will enable the Code Authority to
submit a budget and basis of assessment and give it the pow'er to
institute legal proceedings, if necessary, for the collection of said
assessments.
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 obstruc-
tions to the free fiow^ 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 cooperatiA^e 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
j)resent productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, 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 sub-section (a) of Section 3, sub-section (a) of Section T and
sub-section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed to
and will not permit monopolies or monopolistic practices.
(d) 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.
(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
modification.
For these I'easons this modification has been approved.
Respectfully,
Hugh S. Johnson,
A dministrafor.
July 10. 1934.
(26G)
MODIFICATION OF SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE PAINTING, PAPERHANGING
AND DECORATING INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
Modify Article III by deleting paragraph (b) of Section 2; add
the following as " Section 3 " : —
"te
Article III — Administration
Section 3. It being found necessary, in order to support the Ad-
ministration of this Chapter and to maintain the standards of fair
competition established by this Code and to effectuate the policy of
the Act, the Divisional Code Authority is authorized, subject to the
approval of the Administrator :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds v^'hich maj^ be raised as hereinafter provided and which
shall be held in trust for the purposes of the Chapter.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of this
Division.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tributions as above set forth by all such members of this Division,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
Each Member of this Division shall pay his or its equitable contri-
bution to the expenses of the maintenance of the Divisional Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Onl}^ members of this Division complying with the Code and con-
tributing to the expenses of its administration as provided in Section
3 of this Article (unless duly exempted from making such contribu-
tion), shall be entitled to participate in the selection of the Members
of the Divisional Code Authority or to receive the benefits of its
activities or to use any emblem or insignia of the National Recovery
Administration.
The Divisional Code Authority shall neither incur nor pay any
obligation in excess of the amount thereof as estimated in its ap-
proved budget, except upon approval of the Administrator; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimate except those which the Adminis-
trator shall have so approved.
Approved Code No. 244B — Amendment No. 1.
Registry No. 618-05.
(267)
Approved Code No. 311 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
READY MIXED CONCRETE INDUSTRY
As Approved on July 11, 1934
ORDEK
Approving Amendment to Code of Fair Competition for the Readt
Mixed Concrete Industry
An application having been duly made by the Code Authority for
the Ready Mixed Concrete Industry under the provisions of Section 2
of Article VIII of the Code of Fair Competition for the Ready
Mixed Concrete Industry for approval of amendment to said Code
and annexed report on said amendment, 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 Pres-
ident, 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 amendment and the Code as con-
stituted 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 amendment 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
amended, such approval and such amendment 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,
AdTninistrator for IndustHal Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 11, 193^.
(269)
EEPOKT TO THE PRESIDENT
The President,
The White House.
Sir: An application lias been duh^ made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an amendment to the Code of Fair Competition for the
Ready Mixed Concrete Industry, submitted by the Code Authority
for the Ready Mixed Concrete Industry.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by member of the Industry.
FINDINGS
The 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:
(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 obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
w^eifare by jDromoting the organization of industry for the purpose
of cooperative 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
present productive capacity of the industries, by avoiding undue
restrictions 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 respects with the perti-
nent provision 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.
(c) The Amendment and thte Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(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
Amendment.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
July 11, 1934.
(270)
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE READY MIXED CONCRETE INDUSTRY
Amend Aticle VI b}' eliminating Section 7 and substituting the
following in lieu thereof:
Section 7. (a) It being found necessary in order to support the
administration of this code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authoritj' is authorized :
1. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
2. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(a) an itemized budget of its estimated expenses for the foregoing
purposes, and (b) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of
the industry;
3. After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
(b) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, shall be entitled to participate in the selection of members
of the Code Authority or to receive the benefits of any of its volun-
tary activities or to make use of any emblem or insignia of the
National Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no sub-
sequent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Administra-
tor shall have so approved.
Approved Code No. 311 — Amendment No. 1.
Registry No. 1011-05.
(271)
Approved Code No. 224 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FURNITURE AND FLOOR WAX AND POLISH
INDUSTRY
As Approved on July 12, 1934
ORDER
Approving Amendment of 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
Recovery Act, approved June 16, 1933, for approval of amendments
to 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 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. 6513-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.
Hugh S. Johnson,
Adininist rotor for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C,
July 12, 19S4.
(273)
KEPORT TO THE PRESIDENT
The President,
The 'White House.
Sir : A Code of Fair Competition for the Furniture and Floor Wax
and Polish Industry was approved by me on January 23rd and
bacame effective on February 2nd, 1934.
Since that time, it has been deemed advisable to bring under this
Code three groups which are closely allied with the above Industry.
These groups are the Household Lubricants and Penetrants, Silver
and Metal Polish and Sweeping Compound Industries.
The Code Authority for the Furniture and Floor Wax and Polish
Industry and the National Association of Chemical Specialty Manu-
facturers, Inc., claiming to represent seventy-eight (787o) percent of
the Industry, submitted an application to include the three above
mentioned groups under the approved Code. A Public Hearing on
the proposed amendments was conducted in Washington, April 30th.
1934, in accordance with the provisions of the National Industrial
Recovery Act.
By amending the definition of the Industry, the three groups have
been included under the provisions of the Furniture and Floor Wax
and Polish Code. The Code Authority has been enlarged to eight
members in order that it may be truly representative of the Industry.
Supplemental Code Authorities have been provided for the Silver
and Metal Polish and the Sweeping Compound Divisions. Provision
has also been iiiade for the establishment of individual subordinate
Code Authorities if at any time in the future additional related
Industries or divisions are included under the provisions of the Fur-
niture and Floor Wax and Polish Code. It has also been provided
that the Administrator, after such hearings as he may deem proper,
may require an appropriate modification of the composition and
selection of the Code Authority or the subordinate Code Authorities.
The Code has also been amended to allow the Code Authority and
the several subordinate Code Authorities to collect expenses for the
proper administration of the Code. The provision for Free Goods
and Allowances has been amended so that the provision will not pro-
hibit the gift of a product of the Industry or premiums to the
ultimate consumer.
The Open Price Provision for the Furniture and Floor Wax and
Polish Industry has been deleted, and in place thereof there has been
inserted the Emergency Provision for the Sweeping Compound and
Silver and Metal Polish Divisions. Standard Terms of Cash Dis-
counts have been amended in order to avoid conflict with the various
outlets through which the Industry sells its products. A new pro-
vision " Substitut^ion of Goods", which applies to the Silver and
Metal Polish Division, has been added.
(274)
275
THE INDUSTRY
A number of the Furniture and Floor Wax and Polish Industry
members also manufacture one or more of the products of the
Industries which are provided for in the amendments. The amend-
ments will assure proper administration and tend to avoid conflict
and overlapping of code provisions which might result under other
circumstances. The hour and wage conditions of labor are also
quite similar in all the groups.
There are about 150 establishments listed for the Household
Lubricants and Penetrants Industry, only 20 of which are important
in sales volume. Annual sales amounted to about $1,000,000.
There are about 200 establishments in the Silver and Metal Polish
Industry, 15 of which have a substantial sales volume and employ
ten or more workers. Annual sales were about $2,000,000 in 1929
and $1,400,000 in 1933.
There are about 150 establishments included in the Sweeping
Compound Industry, approximately 20 of which are important from
the viewpoint of sales. Aggregate annual sales have been about
$2,000,000 in recent years.
ECONOMIC EFFECT OF THE AMENDMENTS
A considerable proportion of the employees engaged in the House-
hold Lubricants and Penetrants Industry are engaged in such tasks as
filling, labeling and packaging. Working hours ranged up to 48
per week prior to the President's Reemployment Agreement but have
since been generally reduced to 40 per week with some small increase
in employment. Minimum wage rates have generally been rather
low, 30 cents per hour quite general at present. It is believed that
the Code labor provisions will provide minimum wages at least
equal to those of 1929, and payrolls will be increased an additional
ten percent.
The number of employees in the Silver and Metal Polish Industry
decreased from 1,150 in 1929 to 900 in 1932 but increased to about
1,000 in late 1933. Working hours formerly varied between 40 and
48 and were generally reduced to 40 under the President's Reemploy-
ment Agreement. Minimum wage rates, which, in some cases, form-
erly were as low as 20 cents per hour, now range from 30 to 40 cents.
It is estimated that operations under the Code will lead to an increase
of approximately ten percent in the Industry's payrolls.
The number of employees in the Sweeping Compound Industry
remained about 300 during 1928-1933. It is estimated that payrolls
will be increased about 20 percent with complete compliance with
the Code's provisions.
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
276
National Industrial Recovery Act including the removal of obstruc-
tions 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 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
present productive capacity of industries, by avoiding undue restric-
tion 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 otherAvise
rehabilitating Industrv.
(b) The Code as amended complies in all respects wath 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 National Association of Chemical Specialty Manufactur-
ers, Inc., Avas and is an industrial association, which, together with
the Code Authority are trulj^ representative of the aforesaid Indus-
try and that said association and said Code Authority imposed and
imposes no inequitable restrictions on admission to membership
therein and has applied for these amendments.
(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
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 have been approved.
Respectfully,
Hugh S. Johnson,
Ad??iimstrator.
Jui.Y 12, 1934.
AMENDMENT TO CODE OF FAIK COMPETITION FOK
THE FURNITURE AND FLOOR WAX AND POLISH
INDUSTRY
Arti-cle II, the term " Industry " shall be amended to read as
follows :
" The term ' Industry ' as used herein includes the manufacture
and/or packaging of products containing wax and/or oil compounds,
as essential constituents, for use in the treatment of floors and ftirni-
ture; lubricants, penetrants and the like commonly used for house-
hold or equivalent purposes and sold under trade names in small
containers; compounds used for the purpose of cleaning and/or
polishing metal surfaces, and such related industries as may from
time to time be included inider the provisions of this Code."
" The term ' Silver and Metal Polish Division ' means that portion
of the industry engaged in the manufacture and/or packaging of
products used for cleaning or polishing fine or base metal surfaces."
'' The term ' Sweeping Compound Division ' as used herein means
that portion of the Industry engaged in the manufacture of com-
pounds used in sweeping floors."
ArticJe TV, Section 1 (a), shall be amended to read as follows:
"(a) The Code Authority shall consist of eight (8) members of
the Industry, or such other number as may be approved from time
to time by the Administrator, to be elected by the Industry. The
Administrator may appoint not more than three (3) additional
members without vote to represent the Administrator, withotit com-
pensation from the Industry."
ArticJe VI, /Section 1 (c) shall be deleted and the following shall
be inserted in place thereof:
" Related industries or divisions which may from time to time
be included under the provisions of this Code, with the approval
of the Administrator, 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 ex-
clusively to said related industries. The subordinate Code Authority
of such related industries shall be entirely responsible for the ad-
ministration of this Code in their respective Divisions."
*■ 1. The following subordinate Code Authorities are hereby
constituted :
"(a) The Silver and Metal Polish Subordinate Code Authority
which shall consist of three (3) members to be selected by the mem-
bers of tliat Division by a fair method of election approved by the
Administrator.
"(b) The Sweeping Compound Subordinate Code Authority which
shall consist of three (3) members of that Division by a fair method
of election approved by the Administrator."
(277)
278
Article VI, Section 1 {e) shall be amended to read as follows:
" (e) In order that the Code Authority and the Subordinate Code
Authorities shall at all times be truly representative of the Industry
and in other respects comply with the provisions of the Code, the
Administrator may prescribe such hearings as he may deem proper;
and thereafter, if he shall find that the Code Authority and/or the
subordinate Code Authorities are not truly representative or do not
in other respects comply with the provisions of the Code, may require
an appropriate modification of the composition and selection of the
Code Authority or subordinate Code Authorities."
Artile VI, Section 2 Subsection {d) i^hall be deleted and the follow-
ing substituted therefor :
"(1) It being found necessary in order to support the administra-
tion of this ("ode and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority and the several subordinate Code Authorities are
authorized :
"(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
"(b) To submit to the Administrator for his approval subject to
such notice and opportunity to be heard as he may deem necessary
"(1) An itemized budget of its estimated expenses for the
foregoing purposes, and
"(2) An equitable basis upon which the funds necessary to
support such budget shall be contributed by members of the
Industry under its jurisuiction;
"(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equitable
contributions as above set foi'th by all members of the Industry
under its jurisdiction, and to that end, if necessary, to institute legal
proceedings therefor in its own name.
"(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, ancl/or his Subordinate Code Authority, determined as here-
inabove provided, and subject to rules and regulations pertaining
thereto issued by the Administrator. Only members of the Industry
complying with the Code and contributing to the expenses of its
administration as hereinabove provided, shall be entitled to partici-
pate in the selection of members of the Code Authority and the
appropriate Subordinate Code Autlioi'ity or to receive the bciu^fits
of any of thcii- vohmtary activities or to make use of any emblem
or insignia of the National Recovery Administration.
"(8) The Code Authority and the Subordinate Code Authorities
shall neither incur nor pay any obligation in excess of the amount
thereof as estimated in its a{)proved budget, except upon approval
of the Administrator; and no subsequent budget shall contain any
deficiency item for expenditures in excess of prior budget estimates
exc<>i)t those wliich the Administrator sliall liave so ap])r()ved."
Article VIII, first paragraj)h shall bi; amended to read as follows:
"The following practices c(mstitute imfair methods of competi-
tion for members of the Industry and are prohibited, excejjt for
279
products of the Silver and Metal Polish and Sweeping Compound
Divisions of the Industry sold for export trade as defined in the
Export Trade Act adopted April 10, 1918."
Article VIII ^ Section 6, shall be amended to read as follows :
" 6. Free Goods and Allovmnces. — The offering or giving of free
goods. This provision shall not apply to the gift of a product of
the Industry or premiums to the ultimate consumer; materials
marked 'sample', 'not for sale', or similarly designated. This
provision shall not be construed to prohibit any advertising allow-
ance which is made for a definite service rendered and for which
there is a proper auditable accounting as a direct charge for coopera-
tive advertising."
Article VIII ^ Section 11, shall be deleted and the following in-
serted therefore:
"11. Emergency Provimons — Sxt)eeping C OTnpound and Silver
and Metal Polish Divisions. — (a) If the Administrator, after inves-
tigation shall at any time find both (1) that an emergency has arisen
within the Industry adversely affecting small enterprises or wages
or labor conditions, or tending toward monopoly or other acute
conditions which tend to defeat the purposes of the Act; and (2)
that the determination of the stated minimum price for a specified
product within the Industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectuate
the purposes of the Act, the Subordinate Code Authority of the
Division affected may cause an impartial agency to investigate
costs and to recommend to the Administrator a determination of
the stated minimum price of the product affected by the emergency
and thereupon the Administrator may proceed to determine such
stated minimum price.
" (b) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act, he shall publish such price. Thereafter,
during such stated period, no memjaer of the Industry shall sell
such specified products at a net realized price below said stated
minimum price and any such sale shall be deemed destructive price
cutting. From time to time, the Subordinate Code Authority of
the Division affected may recommend review or reconsideration
or the Administrator may cause any determinations hereunder to
be reviewed or reconsidered and appropriate action taken. The
provisions of this Section shall not apply to the Furniture and
Floor AVax and Polish Division of the Industry."
Article VIII, Section l.!f shall be amended to read as follows :
" 14. Standard Terms of Cash Discounts. — No member of the
Industry shall allow a discount for early payment greater than 2%
of the amount of the invoice after deduction of quantity discounts
and transportation charges.
" 1. On invoices dated before the 25th of the month, for
payment on or before the 10th of the month following; net
thereafter.
7SS05 — 34 5
280
" 2. On invoices dated on or after the 25th of any month
for payment on or before the 10th of the second month follow-
ing; net thereafter.
" Provided that for products of the Sweeping Compound Divi-
sion shipped in solid or pooled carloads, or truckloads in excess
of seven (7) tons, there may be permitted split datings of 30, 60,
and 90 days allowing payment of the amount of the invoice for such
shipment in three equal installments."
There shall be a new section known as Section 16 of Article VIII.
" 16. Substitution of Goods — Silver and Metal Polish Industry. —
No member of that Division shall take in exchange for his or its
own goods, similar products of another manufacturer, distributor
or dealer."
Approved Code No. 224 — Amendment No. 1.
Registry No. 625-02.
Approved Code No. 145 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FURNITURE MANUFACTURING INDUSTRY
As Approved on July 12, 1934
OKDER
Approving Amendment of Code of Fair Competition for the
Furniture 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 Furniture Manufactur-
ing Industry, and notice of opportunity to be heard thereon having
been issued, and the annexed report on said amendment, 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 amendment 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 herby order that said amendment 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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 12, 1931^.
(281)
liEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the amendment of the Code of Fair Com-
petition for the Furniture Manufacturing Industry as approved by
me December 7, 1933. Application was made under date of May 31,
1934, by the Code Authority for the Furniture Manufacturing Indus-
try, for amendment of the provisions of Article VI of the Code.
Fair notice of opportunity to be heard on this proposed amendment
Was given to all interested parties.
This amendment was proposed in accordance with office memoran-
dum, dated February 3, 1934, and has since been revised, with the
assent of the Code Authority, in accordance with suggestions made
by the Legal Division. It is intended to govern the collection
of assessments for code administration by the Furniture Code
Authority,
This amendment does not in any way affect the labor provisions
of the Code, nor anything other than assessment for the expenses of
code administration.
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 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 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible untilization of the
present productive capacity of industries, by avoiding undue restric-
tion of pi'oduction (except as may be tem])orarily 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) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7, and sub-
section (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 j^ractices.
(282)
283
(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.
I believe the amendment to be fair to labor, to the consumer, and
to the industry, and for theae reasons, therefore, I have approved
this amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
July 12, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FURNITURE MANUFACTURING INDUSTRY
Article VI, Section 1, Subsection (b) of the Code of Fair Compe-
tition for the Furniture Manufacturing Industry, approved Decem-
ber 7, 1933, shall be and hereby is deleted and three new subsections,
5, 6, and 7, are hereby inserted, as follows :
" 5. It being found necessary in order to support the Administra-
tion of this code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authortiy is authorized :
"(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
"(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
sary (1) an itemized budget of its estimated expenses for the forego-
ing purposes, and (2) an equitable basis upon which the funds nec-
essary to support such budget shall be contributed by members of
the industry;
"(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
" 6. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinbefore provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, shall be entitled to participate in the selection of members
of the Code Authority or to receive the benefits of any of its volun-
tary activities or to make use of any emblem or insignia of the
National Recovery Administration.
" 7. The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no sub-
sequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Adminis-
trator shall have so approved."
Ar)provod Code No. 145 — Ameudnient No. 2.
Registry No. 312 — 10.
(284)
Approved Code No. 70 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
GAS COCK INDUSTRY
As Approved on July 12, 1934
ORDER
Amendment to Code of Faik Competition for the Gas Cock
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 Gas Cock Inclustry, and
as contained in a published Notice of Opportunity to File Objections,
Administrative Order No. 70-9, dated June 19, 1934, and no objec-
tions having been filed as provided in said published Notice, and the
annexed report on said amendment, 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 1 re^si-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise"; do herebv 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 pertinent pro-
visions and will promote the policy and purposes of said Title ot said
Act, and do hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code m its entirety as
amended, such approval and such amendment 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,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Admninistrator.
Washington, D.C,
July 12, 1934.
(285)
EEPORT TO THE PRESIDENT
The President,
The 'White House.
Sir : An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovei-y
Act, for an Amendment to the Code of Fair Competition for the
Gas Cock Industry, submitted by the Code Authority for the said
Industry.
The existing provision of Article XVIII, Section 1 of the Code
for said Industry, is entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident
that the proposed amendment to Article XVIII of said Code, the
provisions of which follow closely the text of the above mentioned
Orders, will overcome the existing inadequate provisions.
Findings
The 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 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 maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoiding undue restrictions
of production (except as may be temporarily required), by increas-
ing the consumption of industrial and agricultural products through
increasing 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 limitation
Subsection (a) of Section 8, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not })('imit moiioj^olies or monopolistic practices.
(d) The amoiulniont and the Code as amended are not designed
to and will not oJiniinate or oppress small enterprises and will not
operate to discriminate against them.
(286)
287
(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 amendment.
For these reasons, therefore, I have approved this amendment,
such approval and such amendment to take effect in ten (10) days,
unless good cause to the contrary is shown to me before that time
and I issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Administrator.
July 12, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE GAS COCK INDUSTRY
Purpose
Pursuant to Article XXI of the Code of Fair Competion for
the Gas Cock Industry, duly approved by the President on Octo-
ber 31, 1933, and further to effectuate the policies of Title I of
the National Industrial Act, the following modification is estab-
lished as a part of said Code of Fair Competition and shall be
binding ui)on every member of the Gas Cock Industry.
Modification
Modify Article XVIII by deleting Section 1 and substituting
in lieu thereof the following:
Section 1. It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized, subject to the a^jproval of the
Administrator :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purpose of the Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry.
(c) After such budget and basis of contribution have been
approved by the Administrator, to detremine and obtain equitable
contribution as above set forth by all such members of the Industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
Section 2. Each member of the Industry shall pay his or its
equitable contribution to the expenses of the maintenance of the Code
Authority as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator, Only members
of the Industry complying with the Code and contributing to the
expenses of its administration as hereinabove provided shall be
entitled to participate in the selection of the members of the Code
Authority or to receive the benefit of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
(288)
289
Section 3. The Code Authority shall neither incur nor pay any
obligation in excess of the amount thereof as estimated in its
approved budget, except upon approval of the Administrator; and
no subsequent budget shall contain any deficiency item for expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approved.
Approved Code No. 70 — Amendment No. 1,
Registry No. 1335-05.
Approved Code No. 276 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PLEATING, STITCHING, AND BONNAZ AND
HAND EMBROIDERY INDUSTRY
As Approved on July 12, 1934
ORDER
AprRoviNG Amendment to Code of F.air Competition for the Pleat-
ing, Stitching, and Bonnaz and Hand Embroidery 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 Conipetition for the Pleating, Stitching, and
Bonnaz and Hand Embroidery Industry, and notice of opportunity
to file objections having been published thereon, and the annexed
report on said amendment, 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 ExecutiA'e 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 amendment 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 amendment
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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Sol a. Rosenblatt,
Division Ad7ninisfrator.
Washington, D.C,
July 12, 193 Ji.
(291)
REPOKT TO THE PEESIDENT
The President,
The White House.
Sir: The notice of opportunity to file objections to the proposed
assessment amendment to the Code of Fair Competition for the
Pleatino;, Stitching, and Bonnaz and Hand Embroidery Industry,
as submitted by the Code Authority, was published on May 10,
1934. During the period designated for the filing of objections, no
objections were received.
The proposed amendment was submitted by the Code Authority
in accordance with your Order of April 14, 1934.
The proposed amendment was revised pursuant to instructions is-
sued by the Legal Division.
In final form this amendment has been approved by the Industrial
Advisory Board, the Labor Advisory Board, the Consumers' Ad-
visory Board, the Research and Planning Division and the Legal
Division of the National Recovery Administration.
The Deputy Administrator iii his final report to me on the
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 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 restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, 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 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.
(292)
293
(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, this amendment has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator,
July 12, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PLEATING, STITCHING, AND BONNAZ AND HAND
EMBROIDERY INDUSTRY
The following sections shall be added to Article VI of the Code
and shall be designated as Sections 7, 8, and 9 under said Article VI.
7. It being found necessary, in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established by this Code and to effectuate the policy of the Act, the
Code Authority is authorized, subject to the approval of the
Administrator:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
8. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as provided in Section
7 hereof shall be entitled to participate in the selection of the mem-
bers of the Code Authority to receive the benefit of its voluntary
activities.
9. The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of ])rior budget estimates except those which the Adminis-
trator shall have so approved.
Approved Code No. l?7(i — Ameiidir.ciit X". 1.
Registry No. 231-1-06.
(294)
^ppioved Code No. 365 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SAND-LIME BRICK INDUSTRY
As Approved on July 12, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Sand-Lime Brick Industry
An application having been diil}^ made by the Code Authority
for the Sand-Lime Brick Industry under the provisions of Section
(b) of Article XI of the Code of Fair Competition for the Sand-
Lime Brick Industry for approval of amendment to said Code and
annexed report on said amendment, 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 amendment 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 amendment
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 amended, such approval and such amendment 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,
Adtnimstrator for Indwtrial Recovery .,
Approval recommended :
Barton W. Murray,
Division. Administrator.
Washington, D.C,
July 12, 1931^.
78805— .'54 6 (295)
KEPOET TO THE PRESIDENT
The President,
The 'White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Kecovery
Act, for an amendment to the Code of Fair Competition for the
Sand-Lime Brick Industry, submitted by the Code Authority for
the Sand-Lime Brick Industry.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Industry.
FINDINGS
The 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
utilization of the present productive capacity of the industries, by
avoiding undue restrictions 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) 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 Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices,
(d) 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.
(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
Amendment.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
A dministrator.
July 12, 1934.
(296)
MODIFICATION OF CODE OF FAIK COMPETITION FOR
THE SAND-LIME BRICK INDUSTRY
Modify Article VIII, Section 5, by eliminating sub- Sections (h)
and (k) and by substituting in lieu thereof the following; and by
changing (i) to (j) and (j) to (k).
(h) 1. It being found necessary in order to support the admin-
istration of this code and to maintain the standards of fair competi-
tion established hereunder and to eft'ectuate the policy of the Act,
the Code Authority is authorized:
(a) To incur siich reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of the
industry;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor m
its own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, shall be entitled to participate in the selection of members
of the Code Authority or to receive the benefits of any of its vol-
untary activities or to make use of any emblem or insignia of the
National Recovery Administration.
(i) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budo-et, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Administra-
tor shall have so approved.
Approved Code No. 365— Amendment No. 1.
Registry 1007-13.
(297)
Approved Code No. 244E — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
TILE CONTRACTING INDUSTRY
As Approved on July 12, 1934
ORDER
Approving Modification of Supplementary Code of Fair Com-
petition FOR THE Tile Contracting Industry
A DIVISION OF 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
Recovery Act, approved June 16, 19?>3, for approval of a modifica-
tion of a Supplementary Code of Fair Competition for the Tile
Contracting Division of the Construction Industry, and due notice
and opportunity to be heard having been given 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 Supplemen-
tary Code as constituted after being modified comply 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 modi-
fication be and it is hereby approved, and that the previous approval
■of said Supplementary Code is hereby modified to include an ap-
proval of said Supplementary Code in its entirety as modified.
Hugh S. Johnson,
Adviinistrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C,
July m, 1934.
(299)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on a modification of the Supplementary Code
of Fair Competition for the Tile Contracting Division of the Con-
struction Industry, which was approved by you on April 2, 1934.
These changes in Section 4 of Article III of the Code of Fair Com-
petition for the Tile Contracting Division will enable the Code
Authority to collect the expenses of code administration, as set forth
in the Executive Order of April 14, 1934, " Making Provision for a
Clause in Codes of Fair Competition Relating to Collection of
Expenses of Code Administration."
FINDINGS
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 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest utilization of the present pro-
ductive capacity of industries, 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 rehabili-
tating 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 modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(300)
301
(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
modification.
For these reasons, therefore, I have approved said modification of
the Tile Contracting Chapter of the Code of Fair Competition of the
Construction Industry.
Respectfully,
Hugh S. Johnson,
A dniinis trator.
July 12, 1934.
MODIFICATION OF SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE TILE CONTRACTING INDUS-
IRi
A DIVISION OF THE CONSITJUCTION INDUSTRY
Article III, Section 4—
Delete the present Section and, in lieu thereof, insert the following :
4^\u^ ^^^^ found necessary, in order to support the administration
ot this Code and to maintain the standards of fair competition
established by this Code and to effectuate the policy of the Act, the
Code Authority is authorized, subject to the approval of the Admin-
istrator :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
ot funds which may be raised as hereinafter provided and which
shall be held m trust for the purpose of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of this Division shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as provided in Sub-section 1 here-
of (unless duly exempted from making such contribution) shall be
entitled to participate in the selection of the members of the Code
Authority or to receive the benefit of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator and no subsequent bud-
get shall contain any deficiency item for expenditures in excess of
prior budget estimates except those which the Administrator shall
have so approved.
Approvpd Code No. 244E— Amendment No. 1.
Registry No. 1043-01.
(302)
Approved Code No. 280 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL SOLID FUEL INDUSTRY
As Approved on July 13, 1934
ORDER
Modification of Code of Fair Competition for the Retail Solid
Fuel 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 modification
of a Code of Fair Competition for the Retail Solid Fuel Industry,
and hearings have baen 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
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 modification and the Code as
constituted after being modified comply in all respects with the perti-
nent 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,
Administrator for Industi'ial Recovery.
Approval recommended :
C. E. Adams,
Division Administrator.
Washington, D.C.
July 13, 1931^.
(303)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : Pursuant to Executive Order No. 6678, dated April 14, 1934,
a modification of the Code of Fair Competition for the Retail Solid
Fuel Industry has been submitted by the Retail Solid Fuel Industry,
through its National Code Authority, and a Public Hearing in con-
nection therewith was held on June 18, 1934.
The Deputy Administrator in his final report to me on the modi-
fication of the Code of Fair Competition for the Retail Solid Fuel
Industry 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 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 including and
maintaining united action of labor and management under adequate
governmental practices, by promoting the fullest possible utiliza-
tion 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 modified 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 (a) 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.
(d) 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.
Said modification is accordingly approved.
Respectfully,
Hugh S. Johnson,
Administrator.
July 13, 1934.
(304)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL SOLID FUEL INDUSTRY
Article III is amended by adding the following Sections:
Section 23. It being found necessary, in order to support the
administration of this Code and te maintain the standards of fair
competition established by this Code and to effectuate the policy
of the Act, the National Code Authority and the several Divisional
Code Authorities are authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ; ,
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the industry, and
to that end, if necessary, to. institute legal proceedings therefor in
their own several names.
Section 24. Only members of the industry complying with the
Code and contributing to the expenses of its administration as pro-
vided in Section 23 hereof shall be entitled to participate in the se-
lection of the members of their respective Divisional Code Author-
ities or to receive the benefit of their voluntary activities and the ac-
tivities of the National Code Authority or to make use of any em-
blem or insignia of the National Recovery Administration, designed
especially for the use of members of the Retail Solid Fuel Industry.
Section 25. Continued nonpayment, by any member of the in-
dustry, of assessments or contributions required by the administra-
tion of this Code, for thirty days after the receipt of notice that
such assessments or contributions are due, is a violation of this Code.
The operations of the provisions of this Section 25 shall be subject
to such rules and regulations pertaining thereto as may be issued
by the Administrator.
Section 26. The Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as estimated
in its approved budget, and shall in no event, exceed the total
amount contained in the approved budget, except upon approval of
the Administrator; and no subsequent budget shall contain any de-
ficiency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 280 — Amendment No. 1.
Registry No. 701-11.
(305)
Approved Cofte l^o. 23 — Amendment No. 4
.AMENDMENT TO CODE OF FAIR COMPETITION
POR THE
UNDERWEAR AND ALLIED PRODUCTS
MAmJFACTURING INDUSTRY
As Approved on July 13, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Underwear and Aulied Products 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 Underwear and Allied
Products Manufacturing Industrj', and hearings having been duly
held thereon and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
IPrpsinPTit *
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. 6o43-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment 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 amended.
Hugh S. Johnson,
Ad'rninistrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Divisi&n Administrator.
Washington, D.C,
July 13^ 1934.
(307)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Hearing covering an Amendment tO'
the Code of Fair Competition for the Underwear and Allied Prod-
ucts Manufacturing Industry held in the Chinese Room, Mayflower
Hotel, Washington, D.C, Monday, May 21, 1934. The Amendment
which is attached was presented by a duly qualified and authorized
representative of the Code Authority for the Underwear and Allied
Products Manufacturing Industry, complying with statutory require-
ments and being the agency that is administering the code.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public and all
statutory and regulatory requirements were complied with.
PROVISIONS OF THE AMENDMENT
The Amendment grants all branches of the Industry, excepting
manufacturers of knitted underwear, the privilege of using N.R.A.
labels under regulations to be issued by the Code Authority in ac-
cordance with regulations approved by the Administrator.
FINDINGS
The 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 is
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
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fidlest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required),
by increasing the consniuj^tion of industrial and agricultural prod-
ucts througli increasing purchasing power, by reducing and reliev-
ing unemployment, by improving the standards of labor, and by
otherwise reliabilitating industry.
(b) The Code as amended comj)Iies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
(308)
309
lion 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 this amendment has been approved.
Eespectfully,
Hugh S. Johnson,
A dministratov,.
July 15, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE UNDERWEAR AND ALLIED PRODUCTS MANU-
FACTURING INDUSTRY
Add a new Part to the Code to read as follows :
Part VIII — Labels
1. All products excepting knitted underwear manufactured or
. distributed under the provisions of this Code may bear a NRA label,
which when used shall be firmly attached to such products. The
only knitted outerwear garments that may bear the label are fleece-
lined garments, cotton ribbed garments and cotton garments made
of fabric produced on the Tompkins machine. Such label shall be
in such form as may be prescribed by the Code Authority. The Code
Authority shall have the exclusive right in this Industry to issue
and furnish said labels to the members thereof who may voluntarily
apply for said labels for the purpose set forth above. The privilege
of using such labels may be granted and such labels may be issued
to any employer from time to time engaged in the manufacture of
said products, upon application therefor to the Code Authority ac-
companied by a statement of compliance with the provisions of this
Code. The privilege of using such labels and the issuance thereof
may be withdrawn and cease or may be suspended in respect to any
such manufacturer whose operations, after appropriate hearing by
the Code Authority and review by the Administrator, shall be found
to be in substantial violation of the provisions of this Code. Em-
ployers shall be entitled to obtain and use such labels if they comply
with the provisions of this Code. The Code Authority may establish
appropriate machinery and regulations for the issuance of such
labels, inspe<:;tion, examination, and supervision of employers en-
gaged in this branch of the Industry, in accordance with all provi-
sions of this Code and in accordance with regulations approved by
the Administrator.
Approved Code No. 23 — Amendment No. 4.
Registry No. 275-1-03.
(310)
Approved Code No. 46 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MOTOR VEHICLE RETAILING TRADE
As Approved on July 14, 1934
OKDER
Approving ]\Iodification or Code or Fair Competition for the
Motor Vehicle Ketailing Trade
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 modi-
fication to the Code of Fair Competition for the Motor Vehicle Re-
tailino; Trade, and due consideration having been given 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 Order No. 6543-A,
dated December 30. 1933, and otherwise, do hereby incor]:)orate, by
reference, said annexed report and do find that said modification and
the Code as constituted after being modified comply 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 modi-
fication be and it is hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of saicl Code
in its entirety as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
C. E. Adams,
Division Administrator.
Washington, D.C,
July U. 193k.
7SS05— 34 7 (311)
REPORT TO THE PRESIDENT
The President,
The White House.
Sm : An application has been duly made pursuant to and in full
compliance with the provisions of the National Recovery Act, for a
modification of the Code of Fair Competition for the Motor Vehicle
Retailing Trade, submitted by the National Control Committee on
behalf of the Emergency National Committee.
The purpose and effect of the modification are to have the Code
conform to the provisions of Administrative Order No. X-36, ap-
proved on May 26, 1934, to authorize the Code Authority to submit
a budget and method of assessment upon which funds shall be con-
tributed by members of the Trade.
FINDINGS
The Deputy Administrator in his final report to me on said modifi-
cation 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 obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare 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 comi)etitive prac-
tices, by promoting the fullest possible utilization of the present pro-
ductive cai)acity of the industries, by avoiding undue restrictions of
production (except as may be temporarily required) by increasing
the consumption of industrial and agricultural products tlu'ough
increasing purchasing power, by reducing and relieving un-
em})loynient, 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 limi-
tation Sul)section (a) of Section 3, Subsection (a) of Section 7 and
Subsection {h) of Section 10 thereof.
(c) The Code empowers the Code Authority to ])resent the afore-
said modification on behalf of the industry as a whole.
(d) The modification and the Code as modified are not designed
to and will not |)erinit monopolies or inonoijolistie practices.
(312)
313
(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, I have approved this modification.
Respectfully,
Hugh S. Johnson,
A dniin is t rat or.
July 14, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE MOTOR VEHICLE RETAILING TRADE
To include and add to Article VI, Title B, the following, to be
knoAvn as Sections 4, 5 and 6 :
Section 4. It being found necessary in order to support the ad-
ministration of this Code and to maintain the standards of fair com-
petition established by this Code and to effectuate the policy of the
Act, the Code Authority is authorized, subject to the approval of the
Administrator :
a. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
b. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Trade.
c. After such budget and basis of contribution have been approved
by the Administrator, to determine and secure equitable contribu-
tion as above set forth by all such members of the Trade, and to that
end, if necessary to institute legal proceedings therefor in its own
name.
Section 5. Only members of the Trade complying with the code
and contributing to the expenses of its administration as provided
above shall be entitled to participate in the selection of the members
of the Code Authority or to receive the benefits of its voluntary ac-
tivities or to nuike use of an}^ emblem or insignia of the National
Recovery Administration. Each member of the trade shall pay his
or its equitable contribution to the expenses of the maintenance of
the Code Authority', determined as hereinabove provided, and
subject to rules and regulations pertaining thereto issued by tli!'
Administrator.
Section G. The Code Authority shall neither incur nor pay any
obligation in excess of the amount thereof as estimated in its ap-
pro^'ed budget, except upon ai)i)roval of the Administrator; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of pi-ior budget estimates except those which the Adminis-
trator shall have so ajjproved.
Approved Tode No. 4(5 — AiiiciKlinciit No. 2.
llo.uistry No. 140:5-32.
(314)
Approved Code No. 257 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PRINTING EQUIPMENT INDUSTRY AND TRADE
As Approved on July 14, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Printing Equipment Industry and 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 amendment
to the Code of Fair Competition for the Printing Equipment Indus-
try and Trade, and due consideration having been given thereon
and the annexed report on said amendment, 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 Recov-
ery, pursuant to authority vested in me by Executive Order No.
654-3-A, dated December 30, 1933, and otherwise; do hereby incor-
porate, by reference, said annexed report and do find that said
amendment and the Code as constituted after being amended com-
ply 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 amendment 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 amended, such approval
and such amendment to take effect fifteen (15) days from the date
hereof, unless good cause to the contrary is shown to the iVdminis-
trator before that time and the Administrator issues a subsequent
Order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July H, lOSIf.
(315)
EEPORT TO THE PRESIDENT
The President,
The 'White House.
Sir : This is a report on the amendment to Section 2 of Article V
of the Code of Fair Competition for the Printing Equipment Indus-
try and Trade, submitted by the Code Authority of this Industry in
accordance with the provisions of Article X of said Code approved
February 2, 1933.
GENERAL STATEMENT
This Amendment is submitted by the Code Authority of the
Industry in order that the Code may conform to the provisions of
Administrative Order No. X-36, approved on May 26, 1934, govern-
ing the collection of expenses of code administration.
FINDINGS
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) Said 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 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 wel-
fare by promoting the organization of industry for the purposes of
cooperative action of labor and management under adequate gov-
ernmental sanctions and supervision, by eliminating unfair com-
petitive practices, by promoting tlie 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 ])urchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all res])ects 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 Amendment and the Code as amended are not designed
to and will not i)ennit monopolies or monopolistic practices.
(d) Tlie Amenchnent 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.
(316)
317
(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
Amendment.
For these reasons, therefore, I have approved this Amendment,
such approval and such amendment to take effect in fifteen (15)
days, unless good cause to the contrary is shown to me before that
time and I issue a subsequent order to that effect.
Kespectfully,
Hugh S. Johnson,
Administrator.
July 11, 1931.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PRINTING EQUIPMENT INDUSTRY AND TRADE
The following provisions to be substituted in lieu of Section 2 of
Article V.
SECTio>r 2. (1) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the In-
dustry and Trade, figured u})on the number of employees of each
member of the Industry and Trade, or upon such other fair and
equitable basis as the Code Authority may specify, subject to review
by the Administrator;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by ail members of the Industry and
Trade, and to that end, if necessary, to institute legal proceedings
therefor in its own name.
(2) Each member of the Industry and Trade shall pay his or its
equitable contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry and Trade complying with the Code
shall be entitled to participate in the selection of members of the
Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof, as estimated in its apj)roved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Approved (Unh' No. 2.^7 — Amfiidiiiont No. 1.
Registry No. 59{)-18.
(318)
Approved Code No. 163 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WHOLESALE AUTOMOTIVE TRADE
As Approved on July 14, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Wholesale Automotive 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 an amend-
ment to a Code of Fair Competition for the Wholesale Automotive
Trade, and as contained in a Published Notice of Opportunity to be
heard. Administrative Order No, 163-6, dated June 22, 1934, and no
objections having been tiled as provided in said Published Notice,
and the annexed report on said amendment, 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 amendment 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 amendment 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 amended.
Hugh S. Johnson,
Administrator for Industrial Becovonf.
Approval recommended :
C. E. Adams,
Division Administrator.
Washington, D.C,
July IJf, 193If.
(319)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for an amendment to the Code of Fair Competition for the
Wholesale Automotive Trade, submitted by the Code Authority for
the Wholesale Automotive Trade.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Trade.
The 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 obstruc-
tions to the free flow of interstate and foreign commerce which tend
to dimish the amount thereof, and will provide for the general wel-
fare 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 govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoiding undue restrictions
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 unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The Code as amended 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.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the trade 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.
(320)
321
(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, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
July 14, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOK
THE WHOLESALE AUTOMOTIVE TRADE
The following shall be substituted for Section H of Article VIII :
1. It being found necessary to support the Administration of this
Code, in order to effectuate the policy of the Act and to maintain
the standards of fair competition established hereunder, the Code
Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary.
(1) An itemized budget of its estimated expenses for the fore-
going purposes, and
(2) An equitable basis upon which the funds necessary to sup-
port such Budget shall be contributed by all Members of the Trade
entitled to the benefits accruing fi-om the maintenance of such
standards, and the Administration thereof.
(c) After such Budget and basis of assessment have been ap-
proved by the Administrator, to determine and collect equitable
assessments as above set forth and to that end, if necessary, institute
legal proceedings therefor in its own name.
2. Each Member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only
members of the trade complying with the Code and contributing
to the expenses of its administration as hereinabove provided, shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its vohmtary activities
or to make use of any emblem or insignia of the National Recovery
Athninistration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
a})])i'oved budget, and shall in no event exceed the total amount
coMtaiiied in tlie a})proved budget, except upon approval of the
Administrator: and no subsequent budget shall contain any de-
ficiency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Ai»])rov('(l Code No. 1(5;> — AiiioiKlnicnt No. 1.
Kegisti-y N(J. 1404-3-14.
(322)
Approved Code No. 9 — Amendment No. 15
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LUMBER AND TIMBER PRODUCTS INDUSTRY
As Approved on July 16, 1934
ORDER
Appeoving Amexdmext of Code of Fair Competition FOii the
Lumber and Timber 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 an amend-
ment to the Code of Fair Competition for the Lumber and Timber
Products Industries, and an opportunity to be heard thereon bavin";
been duly afforded to all interested parties and the annexed report
on said amendment, coiftaining findings with respect thereto, having
been made and dii'ecte<l to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Adiuinistrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed re-
port and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent provi-
sions and will promote the i:)olicy and purposes of said Title of said
Act, and do hereby order that said amendment 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
amended, such approval and such amendment to take effect on the
date hereof, provided that such approval and such amendment may
be suspended or modified by the Administrator upon good cause
shown to the Administrator by any interested party within fifteen
(15) days from the date hereof.
Hugh S. Johnson,
Administrator for Industrial Recover^/.
Approval recommended :
Barton W. Murray,
Division A dministrator.
Washington, D.C.
July 16, 19SJt.
(323)
EEPOET TO THE PRESIDENT
The President,
The White House.
Sir : Under the Code of Fair Competition for the Lumber and
Timber Products Industries, as approved by you on August 19, 1933,
the Lumber Code Authority has submitted their amendment No. 79,
which is inckided and attached.
This amendment makes certain changes in Article IX of the Code
whereby wlien the Code Authority determines, or when the Admin-
istrator so determines on liis ovrn initiative that an emergency exists
in the industry, which endangers the maintenance of the purposes
and provisions of the Code or of the Act, the Administrator may
thereupon declare such an emergency to exist, and may determine
the reasonable cost of items classified under the Code,
While a Public Hearing has not been held, due to the fact that an
emergency exists and time does not permit, it should be noted that
the provisions of this amendment do not depart from the policies
established and published by the National Recovery Administration,
nor is the general purpose of Article IX changed. The public gen-
erally is informed of the conditions existing in the lumber and timber
products industries through releases of the N.R.A. and the Lumber
Code Authority and its Divisional Administrative Agencies. Al-
though the Order is effective immediately upon approval, an ade-
quate safeguard has been provided through publishing a fifteen (15)
day Notice of Opportunity to be Heard in connection therewith by
any interested persons who object to the provisions of the amend-
ment. The amendment may remain effective either in its present
form or may be modified as a result of objections or suggestions
submitted with supporting facts.
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 jjolicies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free fiow of interstate and foreign commeri e 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-
faining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive j)ra(tices, by promoting the fullest possil^le utilization of the
present productive capacity of industries, by avoiding undue restric-
tions of ])r(>duction (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
(324)
325
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 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 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.
For these reasons, therefore, I have approved this amendment to
the Code.
Respectfully,
Hugh S. Johnson,
A dminis trator,
July 16, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LUMBER AND TIMBER PRODUCTS INDUSTRY
Amendment No, 79
Amend Article IX by striking therefrom Sections (a), (b), (c),
(d), (g), (i) and (j), and substitute therefor the following:
"Section (a). (1). Whenever the Code Authority determines
that an emergency exists in the Industries or in any division or
subdivision of the Industries, such as to render ineffective or to
seriously endanger the maintenance of the purposes and provisions
of this Code or of the Act, and the Code Authority certifies its con-
clusions based on such determinations to the Administrator, or the
Administrator determines on his own initiative, that an emergency
exists as herein set forth, the Administrator may thereupon declare
such an emergency to exist.
"(2). Thereupon, upon application of the Code Authority, and
if he shall find that it is necessary to the maintenance of the pur-
poses and provisions of this Code or of the Act that reasonable
costs of items and classifications of lumber and timber products
and rules and regulations for the application thereof, be deter-
mined and established by him during the period of that emergency,
the Administrator may determine or cause to be determined in ac-
cordance with such rules and regulations as he may prescribe, the
f.o.b. mill and/or delivered reasonable cost of any or all items and
classifications of lumber and timber products and rules and regula-
tions for the application thereof. Notice of such reasonable cost
and such rules and regulations, when determined as aforesaid, shall
be given to the industries in such reasonable manner as the Admin-
istrator may direct, provided that for any species such costs for the
respective grades and items shall be in reasonable proportion to
the market prices of such grades and items during a representative
period, provided further, that the reasonal:)le cost of any item or
classification of said j^roducts shall not be established unless and
until reasonable costs are at the same time established for such
other items or classifications of lumber and timber products as are
sold or offered foi- sale, in competition thei'ewith : Provided, fur-
ther, that in deter-mining said reasonable costs, the Administrator
sliall make provision for equitable differentials within specified
limitations foi' products below accepted standards of quality, such
as the pT-oducts of some small mills oi" for the purj^ose of securing
the equitiihk' apj)lication of such reasonable costs, and provided
further, that said reasonable costs shall l)e established with due
regai-d to the maintenance of free competition among species, divi-
sions and sul)di visions, and with the pi'oducts of other industries
and other countries.
"(H) Therertfter, duriuL' the period of the emergency and until
the i\dministrator shall have declared that said emergency has
(326)
327
ceased to exist, such reasonable costs and such rules and regulations
for the application thereof shall constitute the minimum prices for
such items and classifications of lumber and timber products for
which such costs and rules and regulations have been determined
and no person subject to the jurisdiction of this Code shall sell or
offer to sell or otherwise dispose of any product of the industries for
which such reasonable costs and rules and regulations for the appli-
cation thereof have been determined as hereinabove set forth, at a
price less than such reasonable cost so established, or otherwise than
in accordance with such rules and regulations.
""(4). During the period of the emergency, any determination of
reasonable cost and any rules and regulations for the application
thereof, may upon application of the Code Authority or upon the
Administrator's own initiative, be revised from time to time at rea-
sonable intervals or suspended as changes in circumstances or experi-
ence may indicate; and, if the Code Authority shall determine and
so certify to the Administrator that the application of reasonable
costs and rules and regulations applicable thereto result in injustice,
inequality, unjust discrimination, or unfair competition within the
lumber and timber products industries, thereupon unless such de-
termination shall have been arbitrary, capricious, or based upon no
substantial evidence, the said reasonable costs and rules and regula-
tions applicable thereto shall be forthwith suspended by the Admin-
istrator, said suspension to be effective five (5) days after the filing
of said certificate by the Code Authority.
''(5). Not later than December 1, 1934, the Code Authority shall
submit to the Administrator its recommendations for such amend-
ments of the provisions of this Article as it deems necessary to
effectuate the purposes of the Act, and the Administrator shall, after
due notice and public hearing, review and reconsider the provisions
of this Article and the recommendations of the Code Authority."
Eenumber Sections (e), (f), and (h) to become sections (b), (c),
and (d), respectively, and delete the first sentence of section (e).
Approved Code No. 9 — Amendment No. 15.
Registry No. 313-1-06.
78?05— 34-
Approved Code No. 335 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ART NEEDLEWORK INDUSTRY
As Approved on July 17, 1934
ORDER
Approving Amendment to Code of Fair Competition for the Art
Needlework 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 amendment
to a Code of Fair Competition for the Art Needlework Industry, and
an opportunity to be heard having been afforded all members of the
Industry and the annexed report on said amendment, 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 amendment and the Code as con-
stituted 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 amendment be and it is
hereby approved, and that the previous approval of said Code is
hereb}^ modified to include an approval of said Code in its entirety
as amended, such approval and such amendment to take effect ten
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,
Administrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D.C,
JuUj 17, 1934.
(329)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an amendment to the Code of Fair Com-
i:)etition for the Art Needlework Industry, notice to file objection
to this has been sent out on May 17, 1934, no objections were
received within the given fifteen (15) day period ending June 1,
1934. The amendment, which is attached, was presented by duly
qualified and' authorized representatives of the Industry, complied
with the statutory requirements and being the same agency that
originally submitted the Code.
PROVISION OF THE AMENDMENT
This amendment provides that a mandatory assessment is set forth
in the Executive Order No. 6678, Dated April 14, 1934.
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 ])urposes 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating imfair competi-
tive practices, b}^ promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial ancl agricultural i^roducts
thi-()Ugh increasing ]iurchasing power, by reducing and relieving
Linemjiloyment. by improving standards of labor, and b}^ otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7, and sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on Ix'lialf of the Industry as a wliole.
(d) The amendment and tlie Code as amencknl are not designed to
and will not pei-mit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and Avill not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(330)
331
(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 the amendment has been approved.
Respectfully,
Hugh S. Johxson,
Administrator.
July 17, 1934.
AMENDMENT TO CODE OF FAIE COMPETITION FOR THE
ART NEEDLEWORK INDUSTRY
Article VI, Section 3 shall be amended to read as follows :
''3(a) It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
"(1) To incur such reasonable obligations as are necessary and
proi^er for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code :
"(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses ior the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of
the Industry ;
"(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
"(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expense of its administration as hereinabove provided, unless
duly excepted from so contributing, shall be entitled to participate
in the selection of members of the Code Authority or to receive the
benefits of any of its voluntary activities or to make use of any em-
blem or insignia of the National Recovery Administration. Failure
to contribute to the expenses of the administration of this Code as
provided herein shall constitute a violation of the Code.
"(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of tlie amount tliereof as estimated in its approval
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior l)udget estimates except those which the Adminis-
trator shall have so approved."
Article VI, Section 5, sub-sections (e) and (f), shall be deleted
from the Code and sub-sections (g) through (m) shall be renum-
bered so that they will become subsections (e) through (k)
respectively.
Approved Code No. 335 — Amendment No. 1.
Registry No. 231-08.
(332)
Approved Code No. 389 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CLAY AND SHALE ROOFING TILE INDUSTRY
As Approved on July 17, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Clay and Shale Roofing Tile Industry
An application having been dulj^ made pursuant to and in full
compliance v\'ith the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for the approval of a modi-
fication to a Code of Fair Competition for the Clay and Shale
Roofing Tile Industry, an opportunity to be heard having been duly
afforded all interested parties and the annexed report on said modi-
fication, 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
President, including JExecutive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference, said
annexed report and do find that said modification and the Code as
constituted 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,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
Jidy 17, 1934.
(333)
KEPOKT TO THE PRESIDENT
The President,
The White House.
Sir : Under the Code of Fair Competition for the Clay and Shale
Roofing Tile Industry, as approved on April 6. 1934, the Code Au-
thority has submitted a modification to Article VI, Sections 8, 8-A,
and 8-B, designed to empower the Code Authority to collect assess-
ments from all members of the Industry to provide for the expenses
of administering the Code. Under this modification, payment of
such assessments will not be mandatory until the Code Authority has
submitted and has had approved by the Administrator, a budget and
plan of assessment. A provision of the modification forbids the
Code Authority from making expenditures in excess of their ap-
proved budget. These provisions replace the former provisions for
supporting the Code Authority through voluntaiy payments.
FINDINGS
The Deputy Administrator in his final report to me on said
modification 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 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 genera] welfare by promoting the organization of industry for
the purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating un-
fair competitive practices, by promoting the fullest utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agriciiltural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
The Code as modified complies in all respects with the pertinent
provisions of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub-
section (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.
(d) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(334)
335
(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, I have approved this modification.
Respectfully,
Hugh S. Johnson,
A dminis tra tor.
July 17, 1934.
MODIFICATION TO CODE OF FAIK COMPETITION FOR
THE CLAY AND SHALE ROOFING TILE INDUSTRY
MODIFICATION
Modify Article VI, by deleting Section 8 and substituting in lieu
thereof the following:
Section 8. It being found necessary in order to support the ad-
ministration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
a. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
b. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of
the industry.
c. After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
Section 8-A. Each member of the industry shall pay his or its
e({uitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the industry complying with the Code
and contributing to the expenses of its administration as herein-
above provided, unless duly exempted from making such contribu-
tions, shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
Section 8-B. The Code Authority shall neither incur nor pay
any obligation in excess of the ainoniit thereof as estimated in its
approved budget, except upon approval of the Administrator; and
no subsequent budget shall contain any deficiency item for expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approved.
Approved Code No. 389 — Aniendiiient No. 1.
Ilegistry Nu. 1036-1-02.
(336)
Approved Code No. 228 — Amendment No, 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COIN-OPERATED MACHINE MANUFACTURING
INDUSTRY
As Approved on July 17, 1934
ORDER
Approving Amendment to 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 an amendment
to a Code of Fair Competition for the Coin-Operated Machine Man-
ufacturing Industry, and as contained in a Published Notice of Op-
portunity to File Objections, Administrative Order No. 228-6, dated
June 18, 1934, and no objections having been filed as provided in
said Published Notice, and the annexed report on said amendment,
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 Pres-
ident, including Executive Order 6543-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 pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act. and do hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby amended to include an approval of said Code in its entirety
as amended, such approval and such amendment 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,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Mui^rat,
Division Administrator.
Washington, D.C,
July 17, 1931^.
(337)
EEPOET TO THE PEESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an Amendment to the Code of Fair Competition for the
Coin-Operated Machine Manufacturing Industry, and submitted by
the Code Authority for the said Industry.
The existing provisions of Article IV, Section 6 (d) and Section
8 of the Code for said Industry, are entirely inadequate in view of
Executive Order 6678 and Administrative Order X-36, and it is
therefore evident that the proposed amendment to Article IV of
said Code, the provisions of which follow closely the text of the
above mentioned Orders, authorizing the Code Authority to submit
an itemized budget and a basis of contribution for my approval, and
thereafter to determine and obtain equitable contributions there-
under from all members of the Industry for the support of its
activities will overcome the existing inadequate provisions.
FINDINGS
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 Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action of labor and management under adequate
governmental sanction and su])ervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of the industries, by avoiding
undue restrictions of production (except as may be tem])orarily re-
quired), 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 in(histry.
(b) The Code as amended complies in all respects with the j)erti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 8, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(338)
339
(d) 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. .
(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 amendment.
For these reasons, therefore, I have approved this amendment,
such approval and such amendment to take effect in ten (10) days,
unless good cause to the contrary is shown to me before that time
and I issue a subsequent order to that effect.
EespectfuUy,
Hugh S. Johxsox,
Adymnistrator.
July 17, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE COIN-OPERATED MACHINE MANUFACTURING
INDUSTRY
Purpose
Pursuant to Article VII of the Code of Fair Competition for the
Coin-Operated Machine Manufacturing Industry, duly approved by
the Administrator on January 23, 1934, and further to effectuate
the policies of Title I of the National Industrial Recovery Act, the
following modification is established as a part of said Code of Fair
Competition and shall be binding upon every member of the Coin-
Operated Machine Manufacturing Industry.
Modification
Modify Article IV by deleting Section 6 (d), changing the desig-
nation of the present Section 6 (e) to Section 6 (d), deleting Section
8 and substituting in lieu thereof a new Sectvion 8 as follows :
Section 8. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized, subject to the approval of
the Administrator :
To incur such reasonable obligations as are necessary and proper
for the foregoing purposes and to meet such obligations out of
funds Avhich may be raised as hereinafter provided and which shall
be held in trust for the purpose of the Code.
To submit to the Administrator for his approval, subject to such
notice and opportunity to be heard as he may deem necessary, (1)
an itemized budget of its estimated expenses for the foregoing
pui'poses, and (2) an equitable basis Uj^on which the funds necessary
to sup})ort such budget shall be contributed by members of the
Industry.
After such budget and basis of contribution have been approved by
the Administrator, to determine and ol)tain e<|uitable contribution
as above set foilh by all sucli members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
(I)) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity as hereinabove provided, and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the In(histry coniijlying with the (\>de and contributing to the ex-
penses of its a(huinisti-ation as provided above shall be entitled to
participate in the selection of the members of the Code Authority or
(340)
341
to receive the benefits of its voluntary activities or to make use of
any emblem or insignia of the National Recovery Administration,
(c) The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator
shall have so approved.
Approved Code 228 — Amendment No 1.
Registry No. 1334-01.
Approved Code No. 1 — Amendment No. 8
AMENDMENT TO CODE OF FAIR COMPETmON
FOR THE
COTTON TEXTILE INDUSTRY
As Approved on July 17, 1934
ORDER
Modification of 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
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Trade Practices for the Cotton Thread Manufacturing Branch
of the Cotton Textile Industry, and hearing 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 JExecutive Order No. 651:3-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 purposes of said Title of said Act, and do hereby
order that said Code of Fair Trade Practices be and it is hereby
approved, and that the previous approval of the Code of Fair Com-
petition for the Cotton Textile Industry is hereby modified to in-
clude an approval of said Code in its entirety as modified ; provided,
however, that the provisions of Section 3 and Section 4 of said
Code of Fair Practices in their entirety be and they are hereby
stayed pending my further order.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D.C,
July 17, 1931^.
78805—34 9 (343)
REPORT TO THE PRESIDENT
The President,
The ^Ylute House.
Sir : This is a report on the Code of Fair Trade Practices gov-
erning- the merchandising of the products of the Cotton Thread
Manufacturing Branch of the Cotton Textile Industry, conducted
in Washington, D.C., on February 2, 1934.
In accordance with the customary procedure every person who
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
The Code which is attached was presented by the duly qualified
and authorized representatives of the Industry, tlie Cotton Textile
Industry Committee, which is the Code Authority for the Cotton
Textile Industry.
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 proceedings
in this matter:
I find that :
(a) The Fair Trade Practices of the Cotton Thread Branch of the
Cotton Textile Industry and the Cotton Textile Code as amended
are well designed to promote the policies and purposes of Title I
of the National Industrial Recoverv 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 ])rod-
ucts through increasing purchasing power, by reducing and relieA^-
ing unemployment by improving standards of labor, and by other-
wise reliabilitating industry.
(b) The (^otton Textile Code as so amended complies in all re-
spects witli the pertinent provisions of said Title of said Act, includ-
ing without limitation Subsection (a) of Section 3, Subsection (a)
of Section T and Subsection (b) of Section 10 thereof.
(c) The Cotton Textile Industry Connnittee is empowered to pre-
sent the aforesaitl Code of Fair Practices on behalf of the Industry
as a whole.
(344)
345
(d) The Code of Fair Practices and the Cotton Textile Code as
so amended are not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) The Code of Fair Practices and the Cotton Textile Code as
so amended are not designed to and will not permit monopolies
or monopolistic practices.
(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 of Fair Practices has been ap-
proved by me.
Respectfully,
Hugh S. Johnson,
Administrator for Industrial Recovery.
July IT, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON TEXTILE INDUSTRY
TAIK TRADE PRACTICES GOVERNING THE MERCHAInDISING OF THE PRODUCTS
OF THE COTTON THREAD MANUFACTURING BRANCH
1. National Industrial Recovery Act. — Each member of the In-
dustry who is entitled to display the Blue Eagle of the National
Recovery Administration shall affix to all invoices, in accordance
with regulations of the Code Authority, a stamp stating that the
mill where the goods were made is operating under the Cotton
Textile Code, which regulations and stamp shall be subject to the
approval of the Administrator.
2. Definitions. — The following definitions shall apply to this Code
of Fair Trade Practices hereinafter set forth.
(a) The term " industry " means the cotton thread manufactur-
ing branch of the Cotton Textile Industry, which is defined as the
manufacture of sewing, crocheting, embroidery, and/or darning
cotton thread.
(b) Whenever the term " thread " or " threads " is used, it shall
refer to cotton thread, which is defined to include all products com-
posed of one or more cotton yarns, single or braided or twisted
together, and sold for use in any sewing, crocheting, embroidering,
or darning operations, in the natural, white or colored state, with
the exception of :
(1) Cotton articles usually defined in the trade as " twine ", " sew-
ing twine ", " bag twine ", " bag closing twine ", " broom twine ",
and " tufting twine ", which are made of carded yarns of a yarn
count of 20s or coarser.
(2) Cotton looping and seaming yarns used in the hosieiy trade.
For the purposes of this Code of Fair Trade Practices certain
cotton yarns, commonly and variously known as " schiffli ", " schiffli
yarn " and " embroidery yarns ", as made and sold for use only on
Schiffli and Swiss hand einbroidery machines shall be considered as
coming within the foregoing definition of thread.
(c) The term " manufacturers' threads " refers to those threads
generally used in the manufacturing or industrial trades, and the
term " household threads " refers to those threads generally used in
the home or for domestic purposes.
(d) The term "Sub-Committee on Thread" shall mean the Sub-
Committee on Thread of the Code Authority of the Cotton Textile
Industry.
(e) ITnless otherwise specified, all provisions of this Code of Fair
Trade Practices shall apply both to manufacturers' or industrial
threads and household or domestic threads.
(346)
347
3. PubUshing Prices and Terms of Sale. — (a) Each member of
the industry shall furnish to and file with The Thread Institute
copies of iDrice lists showing all current prices and quantity discounts
to all classes of trade on branded goods. This information shall be
kept up to date in the future by furnishing The Thread Institute
with all changes in prices and quantity discounts on branded goods
on the same day on which they go into effect. All such information
filed with The Thread Institute shall be available to all members of
the Industry.
(b) Each member of the Industry shall have the right individually
to file new prices from time to time not inconsistent with the pro-
visions of the Cotton Textile Code as amended or this Code of Fair
Trade Practices.
(c) Members of the Industry shall report to the Cotton-Textile
Institute every four weeks, the total of all sales of nonbranded goods
made by them during said four weeks" period. The units in which
such sales shall be reported, the detail of said reports, and the dis-
position of same, shall be as designated from time to time by the
Sub-Committee on Thread.
(d) The Sub-Committee on Thread shall have power to establish
rules and regulations for the orderly administration of the provisions
of this Section 3. Such rules and regulations shall be subject to
review by the Cotton Textile Industry Committee.
4. Selling Below Cost. — (a) The selling of goods by any member
of the Industry below cost of production is an unfair trade practice
except where the sale is. made to meet bona fide coni];)etition.
(b) The provisions of paragraph 4 (a) shall not become effective
until the definition of cost of production and a method of uniform
cost accounting have been approved by the Administratoi-, and such
further period thereafter, not less than three months, as may be
fixed by the Sub-Committee on Thread with the approval of the
Cotton Textile Industry Committee and of the Administrator.
(c) Nothing herein contained shall prevent the sale of damaged
goods, job lots, and discontinued lines below cost of production,
provided, such merchandise is clearly invoiced as such, and that a
complete record thereof is kept by the seller, open to inspection by
The Thread Institute or its authorized agents.
(d) The Thread Institute, through a disinterested agency ap-
pointed by its Board of Directors, is designated as an agency to
gather all necessary information as to a method of uniform cost
accounting. Such agency shall report the results of such investiga-
tion to the said Board in statistical form, and said Board is desig-
nated as an agency to determine the appropriate method for uniform
cost accounting, and to recommend such method and a definition of
cost of production through the Sub-Committee on Thread for the
action of the Cotton Textile Industry Committee and recommenda-
tion to the Administrator. Such recommendation, after such notice
and hearing as the Administrator may specify, shall become effective
subject to the provisions of paragraph 4 (b) on approval by the
Administrator or the President.
348
5. Credit Terms. — (a) Except either as otherwise provided in
paragraph (b) of this section, or under emergency conditions ^ found
to exist in any particular case, no more favorable credit terms shall
be extended by any member of the Industry, in connection with any
sale or transactions completed within the continental limits of the
United States than the following:
Net 60 days.
2% 10 days E.O.M. (End of Month).
(b) The provisions of paragraph 5 (a) shall not apply to sales
of thread for use on Schiffli and Swiss hand embroidery machines,
on which sales no more favorable terms shall be extended than —
Net 60 days.
2% 30 days.
3% 10 days.
(c) No extra dating shall be allowed, except that goods shipped
from the 25th to the end of the month may be regarded for dis-
count purposes as having been shipped as of the 1st of the following
month, and except also that an additional dating of thirty days on
the invoice may be allowed for discount purposes on shipments
from points east of the Mississippi River to points west of the
longitude of Denver, Colorado.
(d) No shipment shall be made on consignment to any person,
firm or corporation other than to a bona fide sales agent.
6. Secret Rebates . — (a) The payment or allowance of secret
rebates, refunds, or unearned discounts, whether in the form of
money or otherwise, resulting in discriminations between customers
of the same class, is an unfair trade practice.
(b) Nothing in this paragraph shall preclude the payment of a
reasonable commission to any jobber for bona fide services in dis-
tribution of goods.
7. Mutuality of Contracts. — (a) All contracts not for immediate
delivery made by members of the Industry for the sale of their prod-
ucts shall be in writing for definite quantities, and duly executed
by the respective parties thereto. Forms for such contracts shall
be filed with The Thread Institute as soon as effective and shall be
available to all members.
(b) All coiiti-acts for manufacturers' threads shall stipulate that
the delivery specifications calling for the shipments against the
contracts shall be distributed fairly and equitably throughout the
term of said contract.
(c) All contracts should be performed according to their t^rms by
all the parties thereto, in the absence of a legal or equitable excuse
for nonperformance. The willful failure of a member of the Indus-
try to enforce the same is an unfaii- trade practice. Nothing herein
contained shall prevent the use of usual clauses in contracts as to the
effect of force majeure, acts of God, and similar events beyond the
control of either party.
(d) Predating an order or contract witli the intent or effect of
giving either buyer or seller any advantage or benefit which would
not accrue if sucli order or contract were correctly dated, is an
unfair trade practice.
1 Any such emergency condition shnll he n-portcd at once to Tlie Tliread Institute
togetlier with tlie terms allowed to meet i^^aid emergency.
349
(e) " Make and hold " orders for manufacturers' threads shall
only be accepted as contracts. Under such contracts the terms must
provide that the buj^er must accept delivery of the full quantity
specified within the contract period.
(f) Wilfully inducing or attempting to induce the breach of
any contract between a competitor and his customer or wilfully in-
terfering with or obstructing the performance of the same is an
unfair trade practice.
(g) Contracts for manufacturers' threads not for immediate de-
livery shall be for periods not to exceed three months.
8. Sani'ples. — Whereas, the giving of free samples to customers
for the purpose of obtaining business is not in itself a trade abuse,
it is an unfair trade practice if samples are given as an integral
part of a sale or as a means of making a specific sale.
9. Advertising AUovmnce. — No advertising allowance shall be of-
fered or given to mduce or consummate a sale. This paragraph
shall not be construed so as to prevent proper expenditures or al-
lowan6es for advertising or displays actually made or furnished.
10. Group Buying. — No member of the Industry shall accept
orders or contracts from any person, firm, corporation, or associa-
tion who has combined to pool orders or purchases of sewing threads
for the purpose of obtaining the benefit of any discount or other
concession allowed on the quantity purchased or agreed to be pur-
chased unless the person, firm, corporation, or association in whose
name the sale or contract shall be made actually establishes a sound
financial basis for an}^ credit involved and assumes sole financial
responsibility. The failure of any member of the Industry to con-
form to the requirements of this paragraph shall be an unfair trade
practice.
11. False atid Misleading Advertising. — The making or causing
or permitting to be made or published any false or deceptive state-
ment by way of advertisement (whether printed, radio, display, or
of any other nature) or otherwise concerning the grade, quality,
quantity, substance, character, nature, origin, size, or preparation of
any product of the Industry which is misleading or inaccurate in
any material particular or which may mislead or deceive purchasers
or prospectiA^e purchasers, or which may injuriously affect the
business of competitors, is an unfair trade practice.
12. Marking Thread. — (a) No member of the Industry shall sell
or offer for sale any thread, put up on spools, tubes, cones, bobbins,
or in balls, skeins, or other similar packages, unless there is affixed to
or impressed upon a conspicuous part of each such spool, tube, cone,
bobbin, ball, skein, or other similar package of such thread a label or
stamp which shall be plain and conspicuous, and which shall plainly
indicate either its net weight in avoirdupois pounds and ounces or
its length in yards ; Provided, That when any such spool, tube, cone,
bobbin, ball, skein, or other similar package of such thread contain-
ing a net weight of less than two avoirdupois ounces is sold or offered
for sale, then such label or stamp shall indicate its length in yards;
provided further. That where from the shape, size, or character of
the spool, tube, cone, bobbin, ball, skein, or other similar package it
is impossible so to affix or impress such label or stamp, a label or
stamp shall be affixed to the box or other container in which such
350
packages are put up, stating the number of units contained therein
and the net weight or yardage of each, as hereinbefore prescribed.
(b) It shall be an unfair trade practice if any member of the
industry shall sell or offer for sale such thread on any such spool,
tube, cone, bobbin, or in any such ball, skein or other similar package
or box, without a label or stamp specifying the net weight or num-
ber of yards of thread contained thereon, as provided in the first
paragraph of this section, or if any such member of the industry
shall sell or offer for sale such thread on any such spool, tube, cone,
bobbin, or in any such ball, skein, or other similar package or box,
weighing or measuring more than five per centum less or more
than the net weight or number of yards that the label or stamp
thereon specifies.
Each member of the industry shall file with The Thread Institute
a list of all brands and trade marks used on cotton threads pro-
duced by or for him for his own distribution and sale, and also
shall keep The Thread Institute informed of all changes and
additions.
It shall be an unfair trade practice if any member of the industry
shall sell or offer for sale any thread which, in addition to being
labeled or stamped with a statement of contents as provided in the
first paragraph of this section, does not bear a firm name, brand,
or trade mark by which it may be clearly identified by The Thread
Institute.
The provisions of the foregoing paragraphs of this section shall
not apply to thread sold for use on Schiffli and Swiss hand embroid-
ery machines.
13. Misbranding and Mislabeling. — The false marking or false
branding of products with the effect of misleading or deceiving
purchasers with respect to the quantity, quality, grade, or substance
of the products purchased is an unfair trade practice.
14. False Invoicing. — Withholding from or inserting in the invoice
statements which make the invoice a false record wholly or in part,
of the transaction represented on the face thereof, is an unfair trade
practice.
15. Commercial Brihcry. — 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
employers of such employee, the principal of such agent or the
represented party. This provision shall not be construed to prohibit
free and general distribution of articles commonly used for advertis-
ing except so far as such articles are actually used for commercial
bribery as hereinabove defined.
IG. Substitution of Merchandise. — (a) Shipping or delivering
products which do not conform to the samples submitted, or represen-
tations made prior to securing an order and with the effect of
deceiving or misleading the purchaser, is an unfair trade practice.
(b) The sale of an inferior quality of product in this industry
at a price appropriate for such product, with the understanding
that a product of superior (|Uiility selling at a higher price will be
delivered, is an unfaii- trade practice. A seller acting in good faith
351
and because of an actual unforeseen shortage of the product sold,
may, in order to service the customer, deliver a product of a quality
superior to the product sold.
17. Imitation of Trade Marks, etc. — The imitation or simulation
by a member of the Industry, of another's trade marks, trade names,
slogans, and other marks of identification, including labels and the
dress of the goods, so as to deceive purchasers or prospective pur-
chasers, or result in commercial disadvantage to the owner of an
already established put-up is an unfair trade practice.
18. False Disparagement of Competitors. — The defamation of
competitors by falsely imputing to them dishonorable conduct, in-
ability to perform contracts, questionable credit standing, or other
false representations, or the false disparagement of the grade or
quality of their goods, is an unfair trade practice.
19. Use of Competitors Merchandise. — Xo member of the indus-
try shall by purchase or exchange acquire another manufacturer's
merchandise from any customer or prospective customer for the
purpose of substituting his own merchandise or influencing the sale
of merchandise to such customer or prospective customer. Provided
however, it shall not be an unfair trade practice to acquire a sample
of a competitor's merchandise for the purpose of comparison or
analysis.
20. Aiding or Ahetfmg Another in, the Use of Unfair Trade
Practices. — The wilful aiding or abetting of another in the use of
unfair trade practices is an unfair trade ])ractice.
21. Modification. — (a) The Board of Directors of the Sub-Com-
mittee on Thread shall give consideration to any proposed change
or changes in this Code of Fair Trade Practices which may be pro-
posed to it either by any member or members of The Thread Institute
having collectively not less than twenty-five votes therein, provided,
however, that where such proposed change or changes would affect
manufacturers supplying thread for use on Schiffli and Swiss hand
embroidery machines, such change or changes may be proposed by
any member or members of The Thread Institute whose principal
business is supplying such thread, having collectively not less than
five votes therein.
(b) The provisions of this Code of Fair Trade Practices shall
govern all members of the Industry. Any provision of this Code
of Fair Trade Practices may be revoked or modified by the Board
of Directors or the Sub-Committee on Thread, subject to the ap-
proval of the Cotton Textile Industry Committee and the Adminis-
trator. This Code of Fair Trade Practices is subject to the right
of the President, in accordance with subsection (b) of Section 10
of the National Industrial Recovery Act from time to time to
cancel or modify any order, approval, rule, or regulation issued
under said act.
22. Nothing in this Code of Fair Trade Practices shall be deemed
to constitute any of the members of the Industry partners for any
purpose. No member shall be liable in any manner to anyone for
any act of any member or agent of the Code Authority lawfully
and properly performed pursuant to the provisions of this Code
of Fair Trade Practices, nor shall any member or agent be liable
352
to anyone or in any manner other than as provided in tlie National
Industrial Recovery Act or in the Cotton Textile Code or this Code
of Fair Trade Practices for any act performed in accordance with,
or for any failure to act required by, the provisions of said Code
and Code of Fair Trade Practices.
Approved Code No. 1 — Amendment No. 8.
Registry No. 299-25.
Approved Code No. 212 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
DRAPERY AND UPHOLSTERY TRIMMING
INDUSTRY
As Approved on July 17, 1934
ORDER
Approving Modification of the 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 modifica-
tion of a Code of Fair Competition for the Drapery and Upholstery
Trimming Industry, and an opportunity to file objections thereon
having been given 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 No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report and do find that said modification and the Code as
constituted 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,
Administrator for Industrial Recovery.
Approval recommended :
R. L. Houston,
Division Administrator.
Washington, D.C,
July 17, 193If.
(353)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: I have the honor to submit herewith an amendment to the
Code of Fair Competition for the Drapery and Upholster}' Trimming
Industry. The amendment, which is attached, was presented by the
Code Authority.
Notice of opportunity to file objections to this amendment was
given and no objections were received.
The amendment provides that subsection (c), Section 2, of Article
VI shall be omitted and the provision contained in the Executive
Order dated April 14, 1934, making the payment of the costs of
administering a Code of Fair Competition mandatory upon all
members of the Industrv, is included.
FINDINGS
The 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 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 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
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, bv 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 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.
(354)
355
(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 the above reasons this amendment has been approved by me.
Eespectfully,
Hugh S. Johnson,
Administrator.
July 17, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE DRAPERY AND UPHOLSTERY TRIMMING IN-
DUSTRY
Subsection (c), Section 2 of Article VI shall be amended to read
as follows:
"(c) (1) It being found necessary in order to support the ad-
ministration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
"(I) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
"(II) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
"(A) An itemized budget of its estimated expenses for the fore-
going purposes, and
"(B) An equitable basis upon which the funds necessary to sup-
port such budget shall be contributed by members of the Industry;
"(III) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industr}^, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
"(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided and subjee-t to the rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration. Failure to contribute to the expenses of the admin-
istration of this Code, as provided herein, shall constitute a violation
of the Code.
"(3) The Code Authority sliall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of ])rior budget estimates except those which the Administrator
shall so ap]jrove."
Approved Code No. 212 — Amendment No. 1.
Registry No. 280-1-02.
(356)
Approved Code No. 226 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
As Approved on July 17, 1934
ORDER
Approving Modification of the 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 16, 1933, for approval of a modifica-
tion of a Code of Fair Competition for the Light Sewing Industry
Except Garments, and an opportunity to file objections thereon
having been given 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
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 modification and the Code as
constituted after being modified comply in all respects with the per-
tinent i^rovisions and will promote the policy and purposes of said
Title of said i^ct, 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,
Administrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
D w is/on A dmin istrator.
Washington, D.C,
July 17, 103 'i.
(357)
KEPOKT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Hearing on an Amendment to the Code
of Fair Competition for the Light Sewing Industry Except Gar-
ments, held in Room 2062 of the Department of Commerce Building,
on June 1, 1934. The Amendment which is attached was presented
by the Divisional Committee for the Comfortable Division.
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 Amendment permits seasonable datings in the Comfortable
Division of the Industry.
Notice of Opportunity to file objections to this Amendment was
given on May 2 but so many objections were received that a Hearing
was called for June 1. The objections were based on the fact that
although seasonable datings were allowed, no anticipation could be
granted, and, further it was claimed that granting seasonable dat-
ings would work to the disadvantage of the smaller units in the
Industry which are not in a position to finance the manufacture of
the product some time prior to receiving payment therefor. No
objections were presented at the Hearing itself.
The first objection was answered by permitting anticipation at the
rate of not more than six percent per year.
In connection with the second objection, it was brought out at the
Hearing that the smaller manufacturers produced the novelty items
which are sold the year round and which are not sold with season-
able datings. According to the testimony, it is only the larger manu-
facturers in the Industry who produce the staple items which require
that seasonable datings be granted and who sell through wholesalers.
FINDINGS
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on
the ba,sis of all 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 fiow 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 purj)ose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
(358)
359
unfair competitive practices, by promoting the fullest possible utili-
zation 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 otherwige 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 Code empowers the Divisional Committee to present the
aforesaid Amendment on behalf of the Division 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 the above reasons this amendment has been approved by me.
Hugh S. Johnson,
A dininistrator.
July 17, 1934.
78805 — 34 10
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LIGHT SEWING INDUSTRY EXCEPT GARMENTS
Subsection (f), Section 3, Article II of the Supplemental Provi-
sions for the Comfortable Division, Division No. 1, of the Code of
Fair Competition for the Light Sewing Industry Except Garments,
shall be amended by including the following :
"All goods shipped to retailers after May 1, may be billed as
2/10/60 or 3/10 E.O.M., as of August 1. Anticipation at the rate
of six percent (6%) per year may be allowed. After January 1,
business may be solicited from wholesalers on a basis of August 1
datings with usual terms."
Approved Code No. 226-Amendment No. 4.
Registry No. 299^50.
(360)
Approved Code No. 234 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MACARONI INDUSTRY
As Approved on July 17, 1934
ORDER
APPROVING AME^"DMENT OF CODE OF FAIR COMPETITION FOR THE MACARONI
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, for approval of an amend-
ment to the Code of Fair Competition for the Macaroni Industry,
and opportunity to be heard having been afforded all members of
said Industry and any objections filed having been duly considered,
and the annexed report on said amendment, 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, in-
cluding Executive Order No. 6543-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 pertinent provisions
and will promote the policy and purposes of said Title of said Act,
and do hereby order that said amendment be, and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
amended.
Hugh S. Jopinson,
AdTninistrator for Industrial Recovery.
Approval recommended :
Armin W. Riley,
Div ision A dminis trator.
Washington, D.C,
Juhj 17, 193Jf.
(361)
REPOET TO THE PRESIDENT
Tlie President,
The White House.
Sir : This is a report on an amendment of Section 5 of Article VI
of the approved Code of Fair Competition for the Macaroni Indus-
try, number 234. This Code was approved by me on January 29,
1934.
Pursuant to Executive Order No. 6678, dated April 14, 1934, the
Code Authority for the Macaroni Industry, in accordance with Sec-
tion 2 of Article IX of said Code, having found it necessary in order
to support the administration of this Code and to maintain stand-
ards of fair competition, established by this Code, and to etiectuate
the policies of the Act, has made application for an amendment of
said Code in order to provide for a method of assessment and to
support the expense of the administration of this Code.
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 de3igned 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 the industry
for the purpose of cooperative action of labor and management
under adequate governmental sanction 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 tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemplojmient, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) The Code as amended complies in all re,spects with the
pertinent provision of said Title of said Act, including without
limitation sub-section (a) of Section 3, sub-section (a) of Section
7 and sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) 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.
(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 amendment.
In accordance with Executive Order No. 6678, dated April 14,
1934, the amendment of this Code has been approved by me.
Respectfully,
Hugh S. Johnson,
A dminutrator.
July 17, 1934.
(362)
AMENDMENT TO CODE OF FAIK COMPETITION FOE
THE MACARONI INDUSTRY
Delete Section 5 of Article VI and insert in lieu thereof the
following :
1. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the industry complying with the code and contributing to the
expenses of its administration as hereinabove provided, unless duly
exempted from making such contribution, shall be entitled to par-
ticipate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
Approved Code No. 2.34 — Amendment No. 1.
Registry No. 129-1-02.
(3&3)
Approved Code No. 72 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PACKAGING MACHINERY INDUSTRY AND TRADE
As Approved on July 17, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Packaging Machinery Industry and 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 modification
to the Code of Fair Competition for the Packaging Machinery
Industry and Trade, and notice to file objections having been given
and the annexed rej^ort 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 annexed
report and do find that said modification and the Code as modified
comply in all respects with the pertinent 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
previous approval of said Code is hereby modified to include an
approval of said Code in its entirety as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 17, 193 If.
(365)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Modification of the Code of Fair Com-
petition for the Packaging Machinery Industry and Trade to include
Executive Order No. 6678 of April 14, 1934 relating to collection of
expenses of code administration.
This Modification was proposed in accordance with Article XIV
of the Code approved October 31, 1933. Notice of Opportunity to
File Objections was given from June 2, 1934 to June 15, 1934. No
objection has been filed against the proposed Modification of the Code.
FINDINGS
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 constituted 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 purposes
of cooperative action among the 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
present productive capacity of industries, by avoiding undue restric-
tion 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) The Code as modified complies in all respects with the perti-
nent ])rovisions 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.
(c) The Code empowers the Code Authoi-ity to present the afore-
said Modification on behalf of the Industry as a whole.
(d) The Modification and tlic 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.
(366)
367
(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, I have approved this Modification.
Hugh S. Johnson,
A dTninistrator.
July 17, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION
FOR THE PACKAGING MACHINERY INDUSTRY AND
TRADE
PURPOSE
Pursuant to Article XV of the Code of Fair Competition for the
Packaging Machinery Industry and Trade, duly approved by the
President on October 31, 1933 and further to effectuate the policies
of Title I of the National Industrial Recovery Act, the following
Modification is established as a part of said Code of Fair Competi-
tion and shall be binding upon every member of the Packaging
Machinery Industry and Trade.
AMENDMENT NO. 1
Article X — Administration
Article X, Section 3 amended to read as follows :
" Section (3) 1. It being found necessary in order to support the
administration of this Code and to maintain the standard of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized :
"(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in tru^t for the purposes of the Code ;
"(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
sary :
"(1) An itemized budget of its estimated expenses for the
foregoing purposes, and
"(2) An equitable basis upon which the funds necessary to
support such budget shall be contributed by members of the
Industry and Trade.
"(c) After such budget and basis of contribution have l)een ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry and
Trade, and to that and, if necessary, to institute legal proceedings
therefor in its own name.
" 2. Each member of the Industry and Trade shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thei'oto issued by the Admin-
istrator, Only members of the Industry comjjlying with the Code
and contributing to the expenses of its administration as hereinabove
provided, shall be entitled to partici])ate in the selection of members
(3G8)
369
of the Code Authority or to receive the benefits of aixy of its vol-
untary activities or to make use of any emblem or insignia of the
National Recovery Administration.
" 3. The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget except upon approval of Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved."
Approved Code No. 72 — Amendment No. 1.
Registry No. 1399-30.
Approved Code No. 48 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SILK TEXTILE INDUSTRY
As Approved on July 17, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Silk
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 an amendment
to a Code of Fair Competition for the Silk Textile Industry, and
hearings having been duly held thereon and the annexed report on
said amendment, 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 Order No. 6543-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 pertinent provisions and will promote the policy and pur-
poses of said Title I of said Act, and do hereby order that said
amendment 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 amended ; provided that Article I, Section
5, as amended, be stayed in so far as it affects winders, warpers,
coppers and quillers until such date as the Code of Fair Competition
for the Textile Processing Industry shall contain a similar provision,
subject to my further order; and provided further that Article VI,
Section 4(C) shall read as follows:
"(C) No employer failing to pay assessments as above required,
unless duly excepted from paying such assessment, shall participate
in the selection of the Members of the Code Authority or receive
the benefits of its voluntary activities or make any use of any N.R.A.
insignia."
Hugh S. Johnson,
Achimiisti'ator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Division Ad/niinistrator.
Washington. D.C,
July 17, 193^.
(371)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Hearing covering the Amendments to
the Code of Fair Competition for the Silk Textile Industry, held
in Room A at the Washington Hotel, Washington, D.C., April 18,
1934. The Amendments, which are attached, were presented by
duly qualified and authorized representatives of the Industry, com-
plying with statutory requirements and being the Code Authority
for the Silk Textile Industry.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
PROVISIONS OF THE AMENDMENTS
There are 16 Amendments as follows:
1. An Amendment providing for a change in the definition of
productive machinery.
2. An Amendment defining the term " Outside Crews."
3. An Amendment providing for an increase in the number of
members of the Code Authority.
4. An Amendment providing for the collection of assessments
from members of the Industry.
5. An Amendment providing for the establishment of a committee
to act on a joint committee with representatives of any other Code
Authority of a related industry.
G. An Amendment providing for the submission to the Code
Authority of reports and other statistical information required.
7. An Amendment providing for the establishment of an account-
ing system or method of cost finding and the determining of the
lowest reasonable cost of any product when an emergency exists in
the Industry.
8. An Amendment regarding goods shipped on memorandum,
9. An Amendment regarding the allowances permitted on re-
turned goods.
10. An amendment providing for the use of confirmatory signed
contracts.
11. An Amendment regarding the established terms for employers
engaged in the selling of Broad Goods, Hat Bands, Special Fabrics,
Ribbons and Tie Fabrics.
12. An Amendment regarding false advertising.
13. An Amendment providing for the registration and installation
of productive machinery.
14. An Amendment regarding the terms of sale of Tie Fabrics.
(372)
373
15. An Amendment regarding the terms of sale on thrown yarns.
16. An Amendment regarding terms of sale on linings to retail
and wholesale furriers.
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 Kecovery 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
present productive capacity of industries, by avoiding undue restric-
tion 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 the standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended 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
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said Amendments on behalf of the Industry as a whole.
(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
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 these amendments have been approved.
Respectfully,
Hugh S. Johnson,
A dminis trator.
July 17, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE SILK TEXTILE INDUSTRY
Article I, Section 5, is hereby amended to read as follows :
5. The term " productive machinery " as used herein means all
looms, winders, warpers, coppers, or quillers, dressing frames for
the spun silk industry, spooling, coning, balling, tubing and skein-
ing for the sewing thread and floss industry.^
Article III is hereby amended by adding a new section, number
6, to read as follows :
(3. " Outside Crews " is understood to mean yard-men, gate-men
and men doing work on mill premises in the capacity of laborers.
This classification shall not include truck drivers. The hours for
outside crews shall be limited to forty (40) hours per week, with
a tolerance of 10%. Overtime above forty (40) hours shall be
paid at the rate of time and one-third. Any emergency time in
any establishment shall be reported monthly through the National
Federation of Textiles, Inc., to the Code Authority on the forms
prescribed by it.
Article VI, Section 1, is hereby amended to read as follows :
1. To effectuate further the policies of the Act, a General Plan-
ning Committee, to be known as the Code Authority, is hereby
designated to cooperate with the Administrator as a Planning and
Fair Practice Agency for the Industry. The Code Authority shall
consist of fifteen representatives of the Industry (or such other
number as may be subsequently recommended by the Code Authority
and approved by the Administrator), elected by the members of the
Association and such other employers as bear their proportionate
cost of the administration of this Code. This Code Authority shall
be chosen by a fair method of selection, approved by the Administra-
tor, and shall have in addition not more than three members without
vote appointed by the Administrator. Such agency 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 operations of the provisions of this Code and the
policy of the Act. Such recommendations, when approved by the
Administrator, shall have the same force and effect as any other
provi3ions of this Code.
Article YI, Section 4, is hereby amended to read as follows:
4. (A) In order to effectuate the })olicy of the Act and to main-
tain the standards of fair competition established hereunder, the
Code Authority is authorized :
(1) To incur siicli reasonable obligations out of funds which shall
be held in trust for the purposes of the Code and raised as herein-
after provided;
1 See paragraph 2 of order apiiroving tliis Ameiidiuc lit.
(374)
375
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary ;
(a) An itemized budget of its estimated expenses for the foregoing
purpose, and together with an itemized account of disbursements
to date, covering the formulation and administration of the Code.
(b) Upon approval of such budget and disbursements the Code
Authority is authorized, subject to the approval of the Administra-
tion, to collect from each employer an assessment based on the per-
centage of the net volume of business done by each such employer
during such annual or semi-annual period as it may determine and
during the operation of this Code to make such further assessments
or reductions in assessments as may be found necessary upon ap-
proval by the Administrator.
(3) To institute legal proceedings to collect such assessments in
its own name or in such name as may be necessaiy to comply with
the practice of the court in which such proceedings are instituted.
(B) Each employer shall pay such assessments as hereinabove
provided.
(C) No employer failing to pay assessments as above required
shall participate in the selection of the Members of the Code Au-
thority or receive the benefits of its voluntary activities or make
any use of any N. K, A. insignia.-
Article VI is hereby amended by the addition of a new section,
number 5, to read as follows :
5. It shall be the duty of the Code Authority for this Industry
to designate representatives to act on a joint committee with repre-
sentatives of any other Code Authority of a related industry, having
reciprocal provisions in its Code of Fair Competition to consider
questions regarded by either Code Authority as of conmion concern
with reference to the eli'ectuation of the policies of the Act including
questions as to whether the operation of a given concern comes
within the jurisdiction of one or more of the respective Codes of Fair
Competition and to take such action as they may jointly agree to
be appropriate subject to the approval of the Administrator.
Article VII is hereby amended to read as follows :
To obtain from members of the Industry such information and
reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Author-
ity, members of the Industry subject to this Code shall furnish such
statistical information as the Administrator may deem necessary for
the purpose recited in Section 3 (a) of the Act to such Federal
and State agencies as he 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 report shall be disclosed to any other member of the Indus-
try or any other party except to such 'otlier Governmental agencies
as may be directed by the Administrator.
Each employer shall afford to an impartial agency approved by the
Code Authority and such employer access to the books, records and
contracts relative to compliance with the terms of this Code to the
extent permitted by the Act and such rules and regulations as may be
approved by the Code Authority.
2 See paragraph 2 of order approving this Amendment.
78805 — 34 11
376
Article VIII, Section 2, is hereby amended to read as follows :
Section 2 (a). The standards of fair competition for the Indus-
try with reference to pricing practices are declared to be as follows :
(1) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages
and working conditions. The Code Authority shall within 5 days
afford an opportunity to the member filing the price to answer such
complaint and shall within 14 days make a ruling or adjustment
thereon. If such ruling is not concurred in by either party to the
complaint, all papers shall be referred to the Research and Planning
Division of N.R.A. which shall render a report and recommendation
thereon to the Administrator.
(2) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended
that sound cost estimating methods should be used and that con-
sideration should be given to costs in the determination of pricing
policies.
(3) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of
Section 2(b) hereof, is forbidden.
Section 2(b). Emergency Provisions. —
(1) If the Administrator, after investigation shall at any time
find both (1) that an emergency has arisen within the industry
adversely affecting small enterprises or wages or labor conditions,
or tending toward monopoly or other acute conditions which tenet
to defeat the purposes of the Act; and (2) that the determination
of the stated minimum price for a specified product within the in-
dustry for a limited period is necessary to mitigate the conditions
constituting such emergency and to effectuate the purposes of the
Act, the Code Authority may cause an impartial agency to investi-
gate costs and to recommend to the Administrator a determination
of the stated minimum price of the product affected by the emer-
gency and thereupon the Administrator may proceed to determine
such stated minimum price.
(2) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purpose of the National Indus-
trial Recovery Act, he shall publish such price. Thereafter, during
such stated period, no member of the Industiy shall sell such speci-
fied products at a net realized ])rice below said stated minimum price
and any such sale shall be deemed destructive price cutting. From
time to time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.
Section 2(c). Cost Finding. — The Code Authority shall cause to
be formulated methods of cost finding and accounting capable of
use by all members of the Industry, and shall submit such methods
377
to the Administrator for review. If approved by the Administrator,
full information concerning such methods shall be made available
to all members of the Industry. Thereafter, each member of the
Industry shall utilize such methods to the extent found practicable.
Nothing herein contained shall be construed to permit the Code
Authority, any agent thereof, or any member of the Industry to
suggest uniform additions, percentages or differentials or other uni-
form items of cost which are designed to bring about arbitrary uni-
formity of costs or prices.
Article VIII. Section 3, is hereby amended to read as follows :
3. Where goods are shipped on memorandum, every person en-
gaged in the Industry shall bill them as of the date of shipment^
unless the goods are returned within ten days after their receipt.
Article VIII, Section 4, is hereby amended to read as follows :
4. All allowances of claims or returns of goods shall conform to
the provisions of this section, except as otherwise expressly pro-
vided by Article XI in respect to any specific branch of the Industry,
No allowances on or returns of finished goods shall be permitted
by any employer unless the claim has been made in writing within
ten days after receipt thereof, provided, however, that claims based
on defects not discernible b}'^ reasonable inspection at time of delivery
shall be made immediately on discovery, but, in no event, more than
60 days after receipt.
No allowances shall be made after such goods have been cut.
Article VIII, Section 6, is hereby amended to read as follows :
6. Every employer shall require confirmatory signed contracts, iru
the form prescribed by the Code Authority, with the approval of
the Administrator, for all sales and processing transactions, except
in the case of spun silk, sewing silk and thrown silk transactions^
where such contracts shall be required only for transactions in excess
of $300.00. In any case which requires that goods must be shipped
prior to the receipt of a confirmatory signed contract, persons en-
gaged in the Industry must, on shipment of such merchandise, mail
to the main office of the purchaser, a notice in the form :
XOTICE TO BE MAILED WITH INVOICE FOR ALL GOODS WHERE NO CONTRACT
HAS BEEN SIGNED PRIOR TO SHIPMENT
These goods are shipped subject to the Code of Fair Competition of the Silk
Textile Industry, and they are delivered to you in response to your telegraphic,
telephonic, or mall oi'der, subject to the terms and conditions prescribed in the-
Uniform Sales Contract, a copy of which is printed on the back of this notice.
If you do not agree to abide by these conditions do not accept these goods, as
your acceptance and retention for a period of twenty-four hours is an agree-
ment on your part to be bound by the terms of the Uniform Sales Contract.
Article VIII is hereby amended by adding a new section, number
8, to read as follows :
8. Every employer engaged in selling Broad Goods, Hat Bands^
Special Fabrics, Ribbons and Tie Fabrics shall observe the follow-
ing shipment terms :
(a) All shipments of dyed and finished merchandise shall be
f.o.b. point of shipment except that deliveries in the City of New
York may be free of charges for trucking, freight or express. On:
deliveries from sales offices and stock rooms outside of New York
City, standard freight charges from the mill to sales office and stock
room, shall be added to the invoice.
378
(b) All shipments of Raw Goods shall be shipped f.o.b. mill.
All reference to shipping points contained in the terms of the
various divisions shall be deleted.
Article VIII is hereby amended by the addition of a new section,
number 9, to read as follows :
9. No employer shall use advertising, whether printed, radio or
display, or of any other kind, and/or labeling and/or selling meth-
ods, which tend to deceive or mislead the purchaser or consumer.
The Code Authority may, subject to the approval of the Ad-
ministrator, issue definitions and standards for accurate advertising
and labeling of the various products of the Industry,- which upon
approval of the Administrator, shall be used by all employers.
Article VIII is hereby amended by the addition of a new section,
number 10, to read as follows :
10. Every employer shall register with the Code Authority on
its request, an inventory of his productive machinery in operation,
in place, in storage, or under contract, in such form as to detail and
certification as may be required by said Committee.
Two weeks after the effective date of this amendment, no em-
ployer now engaged in the Industry shall install or operate any
productive machinery not operated in the Industry, or in operating
condition at that time, except for the replacement of productive
machinery of substantially the same capacity, without first secur-
ing from the Administrator a certificate that such installation will
be consistent with effectuating the policy of the Industrial Recov-
ery Act, and no application shall be made or granted for any such
certificate without first submitting it to the Code Authority for its
recommendation.
Nothing contained in this paragraph shall be construed to prevent
the sale of existing machinery heretofore in operation by one em-
ployer to another, all such sales to be reported to the Code Authority.
Article XI, Tie Fabrics, is hereby amended to read as follows :
TIE FABRICS
6/10/60 e.o.m. on all goods sold to the men's neckwear trade.
Anticipation at the rate of 6% per annum. Interest shall be paid
on deferred deliveries at the rate of 6% per annum. Not more than
sixty days shall elapse between delivery of samples and delivery of
merchandise. No order for sample lengths shall be taken nor sample
lengths delivered or loaned without orders for goods for later de-
livery. No extra dating shall be given on samples. No member of the
Tie silk Industry shall ship merchandise on consignment or memo-
randum except to his duly accredited agent.
Article XI, Thrown Yarns, is hereby amended to read as follows :
THROWN YARNS
All transactions between buyer and seller shall be confirmed by
signed contracts and subject to the following terms, only on thrown
silk yarns and combination yarns containing silk; To Hosiery Manu-
facturers, 1/10 e.o.m., net 60 days' trade acceptance from date of
shipment; to Weavers, 10 days, 1% net 60 days' trade acceptance
379
from date of shipment. Interest shall be paid on deferred deliveries
at the rate of 6% per annum.
The terms of sale on dyed and/or converted and/or novelty twist
yarns made of rayon and/or other synthetic fibres shall be those
provided in the Code of Fair Competition for the Textile Processing
Industry.
Article XI is hereby amended by the addition of a new provision
to read as follows:
LININGS TO FURRIERS
Shipments to retail furriers in February, March, April, May, June
and July shall bear maximum terms of either 6/10 October 1st or 5/10
November 1st. No optional terms to be given. Goods shipped in
August and September shall bear maximum terms of 6/10 December
1st. Goods shipped in October, November, December and January
shall bear maximum terms of 6/10/60.
Shipments to wholesale furriers or fur coat lining jobbers in Feb-
ruary, March, April, May, June, July, August and September shall
bear maximum terms of 6/10/4 months. Goods shipped in October,
November, December and January shall bear maximum terms of
6/10/60.
E.o.m. terms may be given on above shipments to wholesalers or
fur coat lining jobbers.
Shipments on memorandum, which are subsequently invoiced
regularly, shall be billed as of the date of shipment on memorandum.
No tender of return shall be accepted after thirty days of receipt of
merchandise. No anticipation is to be allowed that will bring the
total discount above 8 per cent.
Terms and dating must appear on all invoices.
Approved Code No. 48 — Amendment No. 1.
Registry No. 263-01.
Approved Code No. 458 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WHOLESALE CONFECTIONERS' INDUSTRY
As Approved on July 17, 1934
ORDER
MoDinOATION OF CoDE OF FaIR COMPETITION FOR THE WHOLESALE
Confectioners' Industry
WHEREAS, in the Order elated June 6, 1934 approving Code of
Fair Competition for the Wholesale Confectioners Industry the fol-
lowing stay as to the provisions of Article VII, Section 1 was set
forth :
" Provided, however, that the provisions of Article VII, Section 1,
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 pending my further order."
AND WHEREAS, it was intended that said stay should apply to
the waiting period between the filing with the Code Authority (i.e.,
actual receipt by the Code Authority) and the effective date of
price lists and revised price lists, and revised terms and conditions
of sale in both Sections 1 and 2 of Article VII.
NOW, THEREFORE, pursuant to authority vested in me, it is
hereby ordered that the Order approving the Code of Fair Compe-
tition for the Wholesale Confectioners Industry dated June 6, 1934,
be modified and amended to read as follows :
"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 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 the provisions of Article VII, Section 1 insofar as they
prescribe a waiting period between the filing with the Code Author-
ity (i.e., actual receipt b}^ the Code Authority) and the effective date
of price list be and they are hereby stayed pending my further
(381)
382
order, and provided further that the provisions of Article VII,
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 pending
my further order and provide that the provisions of Article VIII,
Rule 17 which prohibit premiums, be and they are hereby stayed
pending my further order, and provided further that the provi-
sions of Article VIII, Rule 21 shall not become effective and they
are hereby stayed for a period of ten (10) days in order to afford
consideration of the objections of any interested parties, and at
the expiration of which period the provisions of said Article VIII,
Fule 21, shall become effective unless I shall by my further order
otherwise determine or extend such stay; and, provided further,
that the provisions of Article III, Section 2, are hereby stayed
pending my further order."
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Armin W. Riley,
Division Administrator.
Washington, D,C.,
July 17, 193^.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the modification and amendment of the
Order of Approval of the Code of Fair Competition for the Whole-
sale Confectioners' Industry approved June 6, 1934.
It was intended in the Order of Approval to stay the provisions of
Article VII which prescribe a five day waiting period between the
original filing of price lists with the Code Authority, and the effective
date; and a five day waiting period between the filing of revised
price lists and the effective date.
Inadvertently the stay wqs not applied to Section 2 of Article VII
which prescribes a waiting period in the filing of revised price lists.
To correct this error and thus properly fulfill the original intention
in the Order of Approval, I have approved this Order modifying
and amending the Order of Approval.
Respectfully,
Hugh S. Johnson,
AdmArdstrator.
July 17, 1934.
Approved Code No. 458 — Amendment No. 1.
Registry No. 114-04.
(383)
Approved Code No. 96 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
BUFF AND POLISHING WHEEL INDUSTRY
As Approved on July 18, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Buff and Polishing Wheel 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 modifica-
tion to a Code of Fair Competition for the Buff and Polishing Wheel
Industry, and Notice of Opportunity to Be Heard having been given
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 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed
report and do find that said modification and the Code as constituted
after being modified comply in all respects with the pertinent pro-
visions ancl 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, such approval and such modification to take effect ten
(10) days from the elate 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,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
D ivis ion A dminis trator.
Washington, D.C,
Jidy 18, 1934.
(385)
REPOET TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Modification of the Code of Fair
Competition for the Buff and Polishing Wheel Industry to include
Executive Order 6678 of April 14, 1934, relating to collection of
expenses of code administration. This Modification was proposed
in accordance with Article X of the Code, approved November 4,
1933 and Notice of Opportunity to File Objections was given from
May 9 to May 23, 1934.
FINDINGS
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 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest j^ossible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion 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 un-
employment, 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 sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(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
modification.
For these reasons, these Modifications have been approved by me,
subject, however, to a ten day waiting period as provided in the
Order of approval.
Respectfully,
Hugh S. Johnson,
Adminhtratof.
July 18, 1934.
(386)
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE BUFF AND POLISHING WHEEL INDUSTRY
PURPOSE
Pursuant to Article X of the Code of Fair Competition for the
Buff and Polishing Wheel Industry, duly approved by the Admin-
istrator on November 3, 1933, and further to effectuate the policies
of Title I of the National Industrial Recovery Act, the following-
modification is established as a part of said Code of Fair Competi-
tion and shall be binding upon every member of the Buff and Polish-
ing Wheel Industry.
MODIFICATION
Modify Article VI by deleting Section 1 (b), and substituting in
lieu thereof the following:
"(b) (1) It being found necessary in order to support the admin-
istration of this code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
" a. To incur such reasonable obligations as are necessar}' and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code :
'• b. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, (2) an equitable basis upon which the funds necessary to
support such budget shall be contributed by members of the Industry :
'' c. After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by ail members of the Industry, and to
that end. if necessary, to institute legal proceedings therefor in its
own name.
"(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
''(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no sub-
sequent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved."
Approved Code No. 96 — Amendment No. 1.
Registry No. 1399-18.
(387)
Approved Code No. 75 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CANNING AND PACKING MACHINERY AND
EQUIPMENT INDUSTRY
As Approved on July 18, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Canning and Packing Machinery and Equipment 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 modifica-
tion to the Code of Fair Competition for the Canning and Packing
Machinery and Equipment Industry, and notice of opportunity to
file objections having been given and the annexed report on said
modification, containing findings with respect thereto, having been
made and directed to tlie 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
constituted 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 previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 18, 193Ip.
(389)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: This is a report on the Modification of the Code of Fair
Competition for the Canning and Packing Machinery and Equip-
ment Industry to include Executive Order No. 6678 of April 14, 1934
relating to collection of expenses of code administration.
This Modification was proposed in accordance with Article XIV
of the Code approved October 31, 1933. Opportunity to File Ob-
jections was given from May 26, 1934 to June 12, 1934, by notice
duly published. No objection has been filed against the proposed
Modification of the Code.
FINDINGS
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 obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
mental 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), h^ increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, and improving standards of labor, and b}'' otherwise rehabili-
tating industry.
(b) The Code as modified 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 Code empowers the Code Authority to present the afore-
said Modification on behalf of the Industry as a whole.
(d) The Modification and the Code as modified are not designed
to and will not eliminate or oi)i)ress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been dei)rived of the right to be heard prior to approval of said
Modification.
For these reasons, this Modification has been approved by me.
Respectfully,
Hugh S. Johnson,
July 18, 1934.
A clminis trator.
(390)
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE CANNING AND PACKING MACHINERY AND
EQUIPMENT INDUSTRY
Purpose
Pursuant to Article XIV of the Code of Fair Competition for
the Canning and Packing Machinery and Equipment Industry, duly
approved by the President on October 31, 1933. and further to effec-
tuate the policies of Title I of the National Industrial Recovery Act,
the following Modification is established as a part of said Code of
Fair Competition and shall be binding upon every member of the
Canning and Packing Machinery and Equipment Industry.
Amendment No. 2
Article VII — Administration
Article VII, Section (f) modified to read as follows:
"(f) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary:
(1) An itemized budget of its estimated expenses for the foregoing
purposes, and
(2) An equitable basis upon which the funds necessary to support
such budget shall be contributed by members of the Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Achiiinistrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided, shall be
entitled to participate in the selection of members of the Code Au-
thority or to receive the benefits of anj'' of its voluntary activities
78805—34 12 (391)
392
or to make use of any emblem or insignia of tlie National Recovery-
Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget
which shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved."
Approved Code No. 75 — Amendment No. 2.
Registry No. 1399-35.
Approved Code No. 347 I — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
DIAMOND CORE DRILL MANUFACTURING
INDUSTRY
As Approved on July 18, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Competi-
tion FOR the Diamond Core Drill Manutacturing Industry
A division of the machinery 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 an amend-
ment to the Supplemental Code of Fair Competition for the Dia-
mond Core Drill Manufacturing Subdivision of Machinery and
Allied Products Industry, and the annexed report on said amend-
ment, 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, pursiumt to authority vested in me by Executive Orders
of the President, including Executive Order 6543-A, dated Decem-
ber 30, 1933, and otherwise, do hereby incorporate by reference said
annexed report and do find that the said amendment and the Supple-
mental Code as constituted after being amended comply in all re-
spects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and do hereby order that
said amendment be and it is hereby approved, and that the previous
approval of said Supplemental Code is hereby modified to include
an approval of said Supplemental Code in its entirety as amended,
such approval and such amendment to take effect fifteen (15) 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,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 18, 193 Jt.
(393)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
complijince with the provisions of the National Industrial Recovery
Act for an amendment of Article V of the Supplemental Code of
Fair Competition for the Diamond Core Drill Manufacturing Sub-
division of Machinery and Allied Products Industry, by the tem-
porary Code Authority of that Subdivision.
The Code of Fair Competition for the Machinery and Allied
Products Industry provides in Article VI, Section (g) as follows:
''A Code Authority is hereby constitutecl for each Subdivision to
administer, supervise and facilitate the enforcement of this Basic
Code in the manner and to the extent hereinafter provided in this
Article, and of such Supplemental Code as may be submitted here-
after b}^ a Subdivision and approved by the Administrator.
" During the period not to exceed sixty (60) days following the
effective date of this Code, the governing body of the trade associa-
tion (member of the applicant) representing the employers within
the Subdivision, shall constitute a temporary Code Authority. The
Administrator, in his discretion, may appoint one additional mem-
ber (without vote and without expense to the industry).
"Within said sixty (60) day period each such temporary Code
Authority shall ciiU a meeting, to which all known members in the
particular Subdivision concerned shall be invited, at which meeting
the following action shall be taken :
"(1) Adoption of procedural rules and regulations for the
election, organization and operation of a permanent Code
Authority.
"(2) Election of permanent Code Authority.
" Each permanent Code Authority shall consist of not less than
three (3) nor more than nine (9) representatives of employers in the
Subdivision. The Administrator in his discretion may appoint one
additional member (without vote and without expense to the
Subdivision),
'' Each such Code Authority may adopt such rules for the con-
duct of the Code activities of the Subdivision as are not inconsistent
Avith the provisions of this Code.
" Action by employers in any Subdivision meeting for the election
of Code Authority shall be by vote of the employers entitled to vote
as provided in Section (d) hereof, each such employer to have one
vote only. Action by employers in any Subdivision meeting for the
adoption of procedural rules, submission of a Supplemental Code
or revisions or additions thereto, or the transaction of other business
in such Subdivision under this Code, shall be by vote of the employ-
ers in such Subdivision who are entitled to vote thereat as provided
(394)
395
in Section (d) hereof and are present in person or by proxy duly
executed and filed with Code Authority of such Subdivision, cast
and computed in the manner provided in Section (d) hereof for
voting in the Industry, except that employers in any Subdivision may
prescribe such other method of voting as they may determine upon
Avith the approval of the Administrator.
" The foregoing provisions of this Section (g) shall apply to any
Subdivision only in the event and so long as there shall be no Sup-
l^lemental Code for such Subdivision approved by the Administrator
or in the event that such approved Supplementiil Code shall fail to
contain provisions for the creation and operation of a permanent
Code Authority."
A Code Authority for the Diamond Core Drill Manufacturing-
Subdivision of Machinery and Allied Products Industry was elected
in accordance with the Basic Code of Machinery and Allied Products
Industry as outlined above, before the Supplemental Code for this
Subdivision was approved. Since the Supplemental Code for this
Subdivision, approved May 31, 1934, does not contain provisions for
recognizing the Code Authority elected in accordance with the pro-
visions of the Basic Code, an application has been made by the tem-
porary Code Authority for this Subdivision for an amendment to
said Supplemental Code, which, when approved, will legalize the
first permanent Code Authority elected as shown above. For elec-
tions after the first, the provisions of this Supplemental Code for
the election of a permanent Code Authority shall apply.
The Assistant Deputy Administrator in his final report to me
on said amendment to said Supplemental 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 Supplemental Code and the Supple-
mental 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 organi-
zation 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 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 industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) The Supplemental Code as amended 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.
(c) The Diamond Core Drill Manufacturers Association was and
is a trade association truly representative of the aforesaid Subdivi-
sion and that said association imposed and imposes no inequitable
396
restrictions on admission to membership therein and has applied for
or consents to this amendment.
(d) The amendment and the Supplemental Code as amended are
not designed to and will not permit monopolies or monopolistic
practices.
(e) The amendment and the Supplemental 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, therefore, I have approved this amendment to
become effective fifteen (15) days from the date of the Order unless
good cause to the contrary is shown to me before that time and I
issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Achnimstrator.
July 18, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE DIAMOND CORE DRILL MAN-
UFACTURING INDUSTRY
A DIVISION OF MACHINERY AND ALLIED PRODUCTS INDUSTRY
(a) Change caption of Article V, Section (c) to read Article V,
Section (c) 1, and insert the following as subsection 1 :
" This Subdivision having held an election for a permanent Code
Authority under the provisions of the Code of Fair Competition for
the Machinery and Allied Products Industry, the Code Authority so
elected shall constitute the first permanent Code Authority for this
Subdivision, if this election meets with the approval of the Admin-
istrator. If this election does not meet with the approval of the
Administrator, then the provisions hereinbelow provided, shall
apply for the election of the first permanent Code Authority. For
elections after the first, the provisions of this Supplemental Code for
election of a permanent Code Authority shall apply."
(b) The present Article V, Section (c), to become Article V,
Section (c), Subsection 2.
Approved Code No. 347 I — Amendment No. 1.
Registry No. 1321-01.
(397)
Approved Code No. 161 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FUR DRESSING AND FUR DYEING INDUSTRY
As Approved on July 18, 1934
ORDER
Approving Modification to Code of Fair Competition for the Fur
Dressing and Fur Dyeing 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 modifications
to the Code of Fair Competition for the Fur Dressing and Fur
Dyeing Industry, and hearing 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 further pursuant to the provisions of Administrative
Order No. 161-16, dated June 30, 1934, and otherwise; do hereby
incorporate, by reference, said annexed report and do find that said
modification and the Code as constituted 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,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C,
Juhj 18, 1934.
(399)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the modification to the Code of Fair
Competition for the Fur Dressing and Fur Dyeing Industry, on
which a public hearing was held on April 27, 1934.
This modification provides that no member of this industry will
perform services for a member of another industry or trade unless
such member displays the Blue Eagle. This is a distinct aid to the
Administration and enforcement of both this code and other related
codes.
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 ob-
structions 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 trade for the purpose
of cooperative 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
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 re-
lieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) The code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(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 modification.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
A chninistrator.
July 18, 1934.
(400)
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE FUR DRESSING AND FUR DYEING INDUSTRY
A new section to be known as Section 2, of Article IX :
(a) No member of this industry shall dress, dye or otherwise
process fur skins for any member of another industry or trade
operating under a code of fair competition which requires such
member to operate under or stamp his goods with an N.R.A. insignia,
label, or registry number unless the member of such other industry
or trade represents that he is in full compliance with the approved
code of fair competition, agreement, or license applicable to the
member of such other industry or trade and unless the member of
such other industry or trade is duly authorized to use the N.R.A.
insignia, or label, or registry number provided for in such code of
fair competition.
(b) Delivery of a certificate by the member of such other industry
or trade that he, or it, is complying with the code, agreement, or
license applicable to such member; the display by such member of
the N.R.A. insignia, label, or registry number; the publication in a
newspaper or periodical of general circulation of such certificate of
compliance or N.R.A. insignia, label, or registry number, shall consti-
tute a good and sufficient representation that such member is com-
j)lying with the Code of Fair Competition for such other industry
or trade.
(c) Upon application, or upon his own motion, the Administrator
may grant exceptions or exemptions from the provisions hereof if it
shall appear:
(1) That the member of such industry or trade is not subject to a
code of fair competition, agreement, or license approved under the
Act; or
{'2) That compliance herewith would create undue hardship or
would not tend to effectuate the purposes of this Code or the policy
of the Act.
(d) No member of the industry shall make or cause to be pre-
sented or published any such representation which shall be false in
any material particular.
Approved Code No. 161 — ^Amendment No. 2.
Registry No. 911-28.
(401)
Approved Code No. 33 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL LUMBER, LUMBER PRODUCTS, BUILDING
MATERIALS AND BUILDING SPECIALTIES
TRADE
As Approved on July 18, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Retail Lumber, Lumber Products, Building Materials and
Building Specialties 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 an amend-
ment to the Code of Fair Competition for the Retail Lumber, Lum-
ber Products, Building Materials and Building Specialties Trade, an
opportunity to be heard thereon having been duly afforded to all
interested parties, and any objections filed having been duly consid-
ered, and the annexed report on said amendment, 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 number 6543-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 pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment 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
amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division A driiinis tra tor.
Washington, D.C.
JuUj IS, 1934.
(403)
EEPOET TO THE PEESIDENT
The President,
The White Home.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Kecovery
Act, for an amendment to the Code of Fair Competition for the
Retail Lumber, Lumber Products, Building Materials and Building
Specialties Trade, submitted by the Code Authority of the Code of
Fair Competition for the Retail Lumber, Lumber Products, Building
Materials and Building Specialties Trade.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Trade.
FINDINGS
The 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 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 maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoiding undue restrictions
of production (except as may be temporarily required), by increas-
ing the consumption of industrial and agricultural products through
increasing ])urchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as amended C()mi)lies 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) Tlie amendment and the Code as amended are not designed
to and will not })ermit monopolies or monopolistic practices.
(d) 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.
(404)
405
(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
Amendment.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
Admi7iistrator.
.Tui.T 18, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL LUMBER, LUMBER PRODUCTS, BUILD-
ING MATERIALS AND BUILDING SPECIALTIES TRADE
Strike out paragraphs 4 and 5 of Section 7 of Article VII, and
^substitute therefor the following :
1. It being found necessary, in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established by this Code and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Trade ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Trade, and
to that end, if necessary, to institute legal proceedings therefor in
its own name ;
(d) Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and reg-
ulations pertaining thereto issued by the Administrator. Only
members of the Trade complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled
to participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
2. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
Approved Code No. 33 — Amendment No. 2.
Registry No. 313-04.
(406)
Approved Code No. 321 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ROCK AND SLAG WOOL MANUFACTURING
INDUSTRY
As Approved on July 18, 1934
OrvDER
Approving Amendment to Code of Fair Competition for the Rock
AND Slag Wool 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 Rock and Slag Wool
Manufacturing Industry, and hearings having been duly held
thereon and the annexed report on said amendment, containing find-
ings 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 Pres-
ident, 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 amendment and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment 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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division A dministrator.
Washington, D.C,
July 18, 193^.
78805—34 13 (407)
REPORT TO THE PRESIDENT
The President,
The 'White Rouse.
Sir: This is a report on an amendment of Section 2 (c) of Article
VI of the approved Code of Fair Competition for the Rock and
Slag Wool Manufacturing Industry. This Code was approved
by me on March 6, 1934.
Pursuant to Executive Order No. 6678, dated April 14, 1934, the
Code Authority for the Rock and Slag Wool Manufacturing In-
dustry, in accordance with Section 2 (f) of Article VI of said Code,
having found it necessary in order to support the administration of
this Cx)de and to maintain standards of fair competition, established
by this Code, and to effectuate the policies of the Act, has made
application for an amendment of said Code in order to provide for
a method of assessment and a budget to support the expense of
the administration of this Code.
FINDINGS
The 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 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 com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of jDroduction (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) 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 Code emj^wers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(408)
409
(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, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
A dministrator.
July 18. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
ROCK AND SLAG WOOL MANUFACTURING INDUSTRY
Amendment I
Amend Article VI by striking out Section 2 (c) and inserting in
lieu thereof the following:
It being found necessary in order to support the administration
of this code and to maintain the. standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary (1)
an itemized budget of its estimated expenses for the foregoing pur-
poses, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry; and
to that end, if necessary, to institute legal proceedings therefor in its
own name.
Each member of the industry shall pay his or its equitable contri-
bution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only members
of the industry complying with the Code and contributing to the
expenses of its administration as hereinabove provided, shall be en-
titled to participate in the selection of members of the Code Au-
thority or to receive the benefits of any of its voluntary activities or
to make use of any emblem or insignia of the National Recovery
Administration.
The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator first obtained; and no
subse(juent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Adminis-
trator shxill have so approved.
Approved Code No. 321 — Amendment No. 1.
Registry No. 1030-07.
(410)
Approved Code No. 397 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SPRAY PAINTING AND FINISHING EQUIPMENT
MANUFACTURING INDUSTRY
As Approved on July 18, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Spray Painting and Finishing Equipment 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 IG, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Spray Painting and
Finishing Equipment Manufacturing Industry, and as contained in
a published Notice of Opportunity to File Objections, Administra-
tive Order No. 397-2, dated June 20, 1934, and no objections having
been filed as provided in said Published Notice, and the annexed
report on said amendment, 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 amendment 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 amendment
be and it is hereby approved, and the previous approval of said
Code is hereby amended to include an approval of said Code in its
entirety as amended, such approval and such amendment to take
effect ten (10) days from the date hereof, unless good cause to the
contrary is shown to me before that time and I issue a subsequent
order to that effect.
Hugh S. Johnson,
Ad7mnistrator for Indud/rial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 18, 1934.
\ (411)
EEPOKT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an Amendment to the Code of Fair Competition for the
Spray Painting and Finishing Equipment Manufacturing Industry,
and submitted by the Code Authority for the said Industry.
The existing provisions of Article VI, Section 1 (b) of the Code
for said Industry, are entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident
that the proposed amendment to Article VI of said Code, the pro-
visions of which follow closely the text of the above mentioned
Orders, authorizing the Code Authority to submit an itemized
hudget and a basis of contribution for my approval, and there-
after to determine and obtain equitable contributions thereunder
from all members of the Industry for the support of its activities
will overcome the existing inadequate provisions.
FINDINGS
The 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 of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible util-
ization of the ])reseut ])roductive capacity of industries, by avoiding
undue restrictions of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agri-
cultural products through increasing })urchasing 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 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,
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(412) . ..
413
(d) 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.
(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
amendment.
For these reasons, therefore, I have approved this amendment,
such approval and such amendment to take effect in ten (10) days,
unless good cause to the contrary is shown to me before that time
and I issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Administrator.
July 18, 1934.
MODIFICATION TO CODE OF FAIK COMPETITION FOR
THE SPRAY PAINTING AND FINISHING EQUIPMENT
MANUFACTURING INDUSTRY
Purpose
Pursuant to Article VI of the Code of Fair Competition for the
Spray Painting and Finishing Equipment Manufacturing Industry,
duly approved by the Administrator on April 19, 1934, and further to
effectuate the policies of Title I of the National Industrial Recovery
Act, the following modification is established as a part of said Code
of Fair Competition and shall be binding upon every member of the
Spray Painting and Finishing Equipment Manufacturing Industry.
Modification
Modify Article VI by deleting Section 1 (b), and substituting in
lieu thereof the follovt^ing:
(b) 1. It being found necessary in order to support the Admin-
istration of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized, subject to the approval of the
Administrator :
2. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
3. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry.
4. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribution
as above set forth by all such members of the Industry, and to that
end, if necessary, to institute legal proceedings therefor in its own
name.
5. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity as hereinabove provided, and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the Industry complying with the Code and contributing to the ex-
penses of its administration as provided above shall be entitled to
participate in the selection of the members of the Code Authority
or to receive the benefits of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(414)
415
6. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
Approved Code No. 397 — Amendment No. 1,
Registry No. 1341-02.
Approved Code No. 244D — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF
FAIR COMPETITION
FOR THE
CEMENT GUN CONTRACTORS' INDUSTRY
As Approved on July 19, 1934
ORDER
Approving MoDincATioisr of Supplementary Code of Fair Competi-
tion FOR THE Cement Gun Contractors' Industry
A DIWSION OF 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
Recovery Act, approved June 16, 1933, for approval of a modification
to a Supplementary Code of Fair Competition for the Cement Gun
Contractors' Division of the Construction Industry, and due notice
and opportunity to be heard having been given 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
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 modification and the Code as
constituted after being modified comply in all respects with the perti-
nent 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,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C.
July 19, 1931^.
(417)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: This is a report on a modification of the Supplementary Code
of Fair Competition for the Cement Gun Contractors' Division of
the Construction Industry which was approved by you on March 21,
1934.
The effect of this amendment will enable the Code Authority to
submit a budget and basis of assessment and give it the power to
institute legal proceedings, if necessary, for the collection of said
assessments.
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 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 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
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by othei'Avise
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 sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed to
and will not permit monopolies or monopolistic practices.
(d) 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.
(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
modification.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnsox,
Administrator.
July 19, 1934.
(418)
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE CEMENT GUN CONTRACTORS'
INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
Modify Article III, Section 1, by deleting sub-section (h) and
substituting in lieu thereof the following :
Article III — Administration
Section 2. It being found necessary, in order to support the
Administration of this Chapter and to maintain the standards of
fair competition established by this Code and to effectuate the policy
of the Act, the Divisional Code Authority is authorized, subject to
the approval of the Administrator :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Chapter.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of this
Division.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tributions as above set forth by all such members of this Division,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
Section 3. Each member of this Division shall pay his or its equit-
able contribution to the expenses of the maintenance of the Divisional
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Onb/ members of the Division complying with the Code and con-
tributing to the expenses of its administration as provided in Section
2 of this Article (unless duly exempted from making such contribu-
tion), shall be entitled to participate in the selection of the Members
of the Divisional Code Authority or to receive the benefits of its
activities or to use any emblem or insignia of the National Recovery
Administration.
Section 4. The Divisional Code Authority shall neither incur nor
pay any obligation in excess of the amount thereof as estimated in
its approved budget, except upon approval of the Administrator;
and no subsequent budget shall contain any deficiency item for ex-
penditures in excess of prior budget estimate except those which the
Administrator shall have so approved.
Approved Code No. 244D — Amendment No. 1.
Registry No. 1616-2-22.
(419)
Approved Code No. 150 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ASPHALT AND MASTIC TILE INDUSTRY
As Approved on July 20, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Asphalt and Mastic Tile 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 modifi-
cation to a Code of Fair Competition for the Asphalt and Mastic
Tile Industry, an opportunity to be heard having been duly afforded
all interested parties and the annexed report on said modification,
containing findings with respect thereto, having been made and di-
^ 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 modification and the Code as
constituted 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,
Administrator for IndAistriai Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 20, 1931^.
(421)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : Under the Code of Fair Competion for the Asphalt and
Mastic Tile Industry, as approved on December 7, 1933, the Code
Authority has submitted a modification to Article VI, Section 1,
paragraph g, designed to empower the Code Authority to collect
assessments from all members of the Industry to provide for the
expenses of administering the Code. Under this modification, pay-
ment of such assessments will rot be mandatory until the Code
Authority has submitted and has had approved by the Adminis-
trator, a budget and plan of assessment. A provision of the modi-
fication forbids the Code Authority from making expenditures in
excess of their approved budget. These provisions replace the for-
mer provisions for supporting the Code Authority through voluntary
payments.
FINDINGS
The Deputy Administrator in his final report to me on said modifi-
cation 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 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 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest 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 unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said modification on behalf of the Industry upon approval by a
two-thirds vote of the Industry.
(d) The modification and the Code as modified are not designed
to and wnll not permit mono]:)olies or monopolistic practices.
(422)
423
(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, I have approved this modification.
Respectfully,
Hugh S. Johnson,
A dministrator.
July 20, 1934.
78805—34 14
MODIFICATION TO CODE OF FAIR COMPETITION FOIt
THE ASPHALT AND MASTIC TILE INDUSTRY
Modify Article VI, Section 1, by deleting paragraph (g) and
substituting in lieu thereof the following :
" g. (1) It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
" a. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
" b. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry.
" c. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribution
as above set forth by all members of the industry, and to that end,
if necessary, to institute legal proceedings therefor in its own name.
"(2) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
"(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Approved Code No. ino — Amendmont No. 1.
Registry N<j. 1003—03.
(424)
Approved Code No. 50 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
AUTOMATIC SPRINKLER INDUSTRY
As Approved on July 20, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Automatic Sprinkler 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 Automatic Sprinkler
Industry, and a Notice of Opportunity to be Heard having been
duly given thereon and the annexed report on said amendment,
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 amendment 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 amendment 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 amended.
Hugh S. Johnson,
Ad7m7iistrator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 20, 193J^.
(425)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report of an amendment to the Code of Fair Compe-
tition for the Automatic Sprinkler Industry, in acsordance with
Administrative Order X-36, of May 26, 1934, relative to collection of
Expenses of Code Administration,
This amendment is proposed as a substitution for Article VIII,
of the Automatic Sprinkler Code, approved October 9, 1933, as it
now reads. An opportunity to be heard has been accorded to all
interested parties.
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 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 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 restric-
tion of production (except as may be temporarily required), by in-
creasing 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) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (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.
Said amendment is accordingly approved.
Respectfully,
Hugh S. Johnson,
Administrator.
July 20, 1934.
(426)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE AUTOMATIC SPRINKLER INDUSTRY
Strike out Article VIII as it now reads and substitute the
following :
Article VIII
1. It being found necessary in order to support the administration
of this code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by manufacturers;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all manufacturers, and to that end,
if necessary, to institute legal proceedings therefor in its own name.
2. Each manufacturer shall pay his or its equitable contribution
to the expenses of the maintenance of the Code Authority, determined
as hereinabove provided, and subject to rules and regulations per-
taining thereto issued by the Administrator. Only the manufac-
turers complying with the code and contributing to the expenses of
its administration as hereinabove provided, unless duly exempted
from making such contributions, shall be entitled to participate in the
selection of ^he members of the Code Authority or to receive the
benefits of any of its voluntary activities or to make use of any
emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess of
prior budget estimates except those which the Administrator shall
have so approved.
Approved Code No. 50 — Amendment No. 1.
Registry No. 1118-01.
(427)
Approved Code No. 358 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CYLINDER MOULD AND DANDY ROLL INDUSTRY
As Approved on July 20, 1934
OEDER
Approving Amendment to Code of Fair Competition for the
Cylinder Mould and Dandy Roll Industry
An ajoplication 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 Cylinder Mould and
Dandy Roll Industry, and as contained in a Published Notice of
Opportunity to be Heard, Administrative Order No. 358-4, dated
June 13, 1934, and no objections having been filed as provided in said
Published Notice, and the annexed report on said amendment, 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 Orders of the Presi-
dent, including Executive Order 6543-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 pertinent provi-
sions and will promote the policy and purposes of said Title of said
Act, and do hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety as
amended, such approval and such amendment 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,
Administrator for Industrial Recovery-
Approval recommended.
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 20, 193J^.
(429)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sik: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an Amendment to the Code of Fair Competition for the
Cylinder Mould and Dandy Roll Industry, submitted by the Code
Authority for the said Industry.
The existing provisions of Article VI, Section 2 of the Code for
said Industry, are entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident that
the proposed amendment to Article VI of said Code, the provisions
of which follow closely the text of the above mentioned Orders, will
overcome the existing inadequate provisions.
FINDINGS
The 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 includiug the removal of
obstructions to the free flow of interstate and foreign commerce
wliich 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 com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of the industries, by avoiding undue
restrictions 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 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 amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(430)
431
(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
amendment.
For these reasons, therefore, I have approved this amendment, such
approval and such amendment to take effect in ten (10) days unless
good cause to the contrary is shown to me before that time and I
issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Ad7mnistrator.
July 20, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION
FOR THE CYLINDER MOULD AND DANDY ROLL
INDUSTRY
Purpose
Pursuant to Article VI of the Code of Fair Competition for the
Cylinder Mould and Dandy Roll Industry, duly approved by the
Administrator on March 23, 1934, and further to effectuate the
policies of Title I of the National Industrial Act, the following modi-
fication is established as a part of said Code of Fair Competition
and shall be binding upon every member of the Cylinder Mould and
Dandy Roll Industry.
Modification
Modify Article VI, by deleting Section 2 and substituting in lieu
thereof the following:
Section 2. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established by this Code and to effectuate the policy of
the Act, the Code Authority is authorized, subject to the approval
of the Administrator :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and Avhich
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the Industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted fi-om making such contributions, shall
be entitled to participate in the selection of the members of the Code
Authority or to receive the benefits of its voluntary activities or
(432)
433
to make use of any emblem or insignia of the National Recovery
Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Approved Code No. 358, Amendment No. 1.
Registry No. 1399-44.
Approved Code No. 381 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FUR DEALING TRADE
As Approved on July 20, 1934
ORDER
Approving Modification of the Code of Fair Competition for the
Fur Dealing 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 modifications
to the Code of Fair Competition for the Fur Dealing Trade, and
notice of opportunity to be heard having been afforded to all mem-
bers of said Trade and the annexed report on said modification,
containing findings with respect thereto, having been made and
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 modification and the Code as
constituted 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 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 modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Geo. L. Berry,
Division Administrator.
Washington, D.C,
July 20, 193Jf.
(435)
KEPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: This is a report on the modification to the Code of Fair
Competition for the Fur Dealing Trade, which has been submitted
in accordance with Executive Order No. 6678.
This modification enables the Code Authority to incur such rea-
sonable obligations as are necessary to support the administration of
the code and to maintain the standards of fair competition estab-
lished by this code. It also enables the Code Authority to submit
an itemized budget, and an equitable basis upon which the funds
necessary to support such budget shall be contributed by the mem-
bers of the trade. Such contributions are made mandatory by this
modification.
The Deputy Administrator in his final report to me on said modifi-
cation 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 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 trade for the purpose of
cooperative action of labor and management under adequate govern-
mental 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
i:)roduction (except as may be temporarily required), by increasing
the consumption of industrial and agriculturial products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing 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 sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the code as modified are not designed to
and will not permit monopolies or monopolistic practices.
(d) 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.
(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
modification.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
July 20, 1934. Administrator.
(436)
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE FUR DEALING TRADE
The following shall be substituted for Section 9, Article VI, of
the Code of Fair Competition for the Fur Dealing Trade.
1. It being found necessary to support the Administration of this
Code, in order to effectuate the policy of the Act and to maintain
the standards of fair competition established hereunder, the Code
Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided :
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary —
(1) An itemized budget of its estimated expenses for the
foregoing purposes, and
(2) An equitable basis upon which tlie funds necessary to
support such budget shall be contributed by all members of the
Trade entitled to the benefits accruing from the maintenance of
such standards, and the administration thereof;
(c) After such budget and basis of assessment have been approved
by the Administrator, to determine and collect equitable assessments
as above set forth, and to that end, if necessary, to institute legal
proceedings therefor in its own name.
(d) Each member of the trade shall pay his or its equitable con-
tribution to the expense of the maintenance of the Code Authority
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator.
2. Only members of the trade complying with the code and con-
tributing to the expense of this administration as hereinabove
provided (unless duly exempted from making such contribution)
shall be entitled to participate in the selection of the members of
the Code Authority Board, or to receive the benefits of its activities
or to make use of any registry number or emblem or N.R.A. insignia
issued pursuant to the provisions of this code. Such registry number,
emblem or N.R.A. insignia may be withheld, removed or revoked
only in accordance with the rules and regulations promulgated from
time to time by the Administrator.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
The following provisions of the Code are hereby deleted :
Sub-section (f) and (g). Section 11, of Article VI.
Approved Code No. 381 — Amendment No. 1.
Registry No. 917-10.
(437)
Approved Code No. 145 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FURNITURE MANUFACTURING INDUSTRY
As Approved on July 20, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Furniture 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 amendment
to a Code of Fair Competition for the Furniture Manufacturing In-
dustry, and notice of opportunity to be heard thereon having been
issued, and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
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 Erecutive 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 amendment and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment 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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Adnninistrator.
Washington, D.C,
July 20, 1934.
78805—34—15 (439)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the amendment of the Code of Fair Com-
petition for the Furniture Manufacturing Industry as approved by
me December 7, 1933. Application was made under date of April
20, 1934, by the Code Authority for the Furniture Manufacturing
Industry, for amendment of the provisions of Article VIII, Section
7 of the Code. Fair notice of opportunity to be heard on this pro-
posed amendment was given to all interested parties.
By the insertion of the phrase, " or ten days after arrival at desti-
nation ", this amendment would permit the same terms of sale for
shipments taking more than thirty days in transit as are now per-
mitted all other shipments, namely, " net sixty days or two per cent
cash discount within thirty days ".
This amendment does not in any way affect the labor provisions of
the Code.
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 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 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 of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
jDroductive 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 unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision 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.
(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.
(440)
441
(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.
I believe the amendment to be fair to labor, to the consumer, and
to the industry, and for these reasons, therefore, I have approved
this amendment.
Respectfully,
Hugh S. Johnson,
A dministrator.
July 20, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FURNITURE MANUFACTURING INDUSTRY
Article VIII, Section 7, first paragraph of the Code of Fair Com-
petition for the Furniture Manufacturing Industry, shall be and
hereby is amended to read as follows :
" Terms of Sale. — Selling on more favorable terms than net 60
days or 2% cash discount within 30 days from date of shipment, or
10 days after arrival at destination; provided, that where it is the
practice of the buyer to make monthly settlement of all invoices, the
manufacturer may allow the deduction of the cash discount if pay-
ment is made not later than the 15th of the calendar month following
the date of shipment."
Approval Code No. 145 — Amendment No. 3.
Registry No. 312-1-10.
(442)
Approved Code No. 363 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MEN'S NECKWEAR INDUSTRY
As Approved on July 20, 1934
ORDER
Amendment to Code of Fair Competition for the Men's Neckwear
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 March 24, 1934, for approval of an amend-
ment to a Code of Fair Competition for the Men's Neckwear In-
dustry, and Notice of Opportunity to Be Heard having been pub-
lished thereon and the annexed report on said amendment, containing
fiindings with respect thereto, having been made and directed to the
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 amendment 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 amendment 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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Sol a. Rosenblatt,
Division Administrator.
Washington, D.C,
July 20, lOSIf..
(443)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the procedure followed by the National
Recovei-y Administration in approving an amendment to the Code
of Fair Competition for the Men's Neckwear Industry, as approved
on March 24. 1934, which empowers the Code Authority to assess
members of the Industry in order to obtain funds for purposes of
Code Administration. This amendment carries out the terms of
your Order of April 14, 1934.
The amendment was submitted by the Men's Neckwear Code Au-
thority on behalf of the Men's Neckwear Industry on June 20, 1934.
A Notice of Opportunity to Be Heard to the Amendment, as pro-
posed by the Code Authority, was subsequently issued, and an ade-
quate opportunity was given all interested parties to voice their
objections to the approval of this amendment. No objections,
however, were filed with the Deputy Administrator.
The Deputy Administrator in his final report to me on this 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 jn-omote 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 gen-
eral welfare by promoting the organization of industry for the pur-
pose 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 urfdue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing ])ower, 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 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 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.
(444)
445
(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, this amendment has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
July 20, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MEN'S NECKWEAR INDUSTRY
Section 6 of Article V of the Code and subsections (f ) and (g)
of Section 8 of Article V shall be deleted.
The following shall be added to Article V to become Section 10
thereof : .
10. (a) It being found necessary in order to support the adminis-
tration of this code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code ;
(2) To submit to the Administrator for his approval, sub-
ject to such notice and opportunity to be heard as he may
deem necessary (1) an itemized budget of its estimated ex-
penses for the foregoing purposes, and (2) an equitable basis
upon which the funds necessary to support such budget shall
be contributed by members of the industry ;
(3) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the in-
dustry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
(b) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
membere of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, un-
less duly exempted from making such contributions, shall be entitled
to participate in the selection of members of the Code Authority
or to receive the benefits of any of its voluntary activities.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Approved Code No. 3G.3 — Amendment No. 4.
Registry No. 248-1-02.
(446)
Approved Code No. 474 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
NEEDLEWORK INDUSTRY IN PUERTO RICO
As Approved on July 20, 1934
ORDER
Modification of Code of Fair Competition for the Needlework
Industry in Puerto Rico
amending and correcting section 2, article vii of the code of fair
competition for the NEEDLEWORK INDUSTRY IN PUERTO RICO
In order to correct an inadvertence and error and to render Sec-
tion 2 of Article VII consistent with Section 1 of said Article, which
is correct, approving the accompanying report of the Deputy Ad-
ministrator, I now ORDER, pursuant to authority vested in me
under Title I of the National Industrial Recovery Act, that :
Section 2 of Article VII shall be amended to read in part as fol-
lows : " three members from those whose chief products are women's
and children's dresses ; " instead of " two " members as inadvertently
provided.
Hugh S. Johnson,
AdTrdnistrator for Industrial Recovery.
Approval recommended :
Linton M. Collins,
Acting Division Administrator.
Washington, D.C,
Juhj 20, 193^.
Approved Code No. 474 — Amendment No. 1.
Registry No. 231-16.
(447)
Approved Code No. 106 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PRINTERS' ROLLERS INDUSTRY
As Approved on July 20, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Printers' Rollers 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 Printers' Rollers Indus-
try, and as contained in a Published Notice of Opportunity to Be
Heard, Administrative Order No. 106-5, dated June 22, 1934, and
no objections having been filed as provided in said Published Notice,
and the annexed report on said amendment, 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 6543-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 pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby amended to include an approval of said Code in its entirety
as amended, such approval and such amendment 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 Administra-
tor issues a subsequent order to that effect.
Hugh S. Johnson,
AdTninistrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
July 20, 193If.
(449)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : An aijplication has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for an Amendment to the Code of Fair Competition for the
Printers' Rollers Industry, submitted by the Code Authority for the
said Industry.
The existing provisions of Article VI, paragraph 6 of the Code for
said Industry, are entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident that
the proposed amendment to Article VI of said Code, the provisions
of which follow closely the text of the above mentioned Orders, will
overcome the existing inadequate provisions.
FINDINGS
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 a^s 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 ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest po,ssible utilization
of the present productive capacity of the industries, by avoiding
undue restrictions of production (except as may be temporarily
required), by increasing the consuinjition 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 a,s 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 amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) 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.
(450)
451
(e) Those en cf aged 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, therefore, I have approved this amendment,
such approval and such amendment to take effect in ten (10) days
unless good cause to the contrary is shown to me before that time
and I issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
A d^ninis trator.
July 20, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE PRINTERS' ROLLERS INDUSTRY
Purpose
Pursuant to Article VI of the Code of Fair Competition for the
Printers Rollers Industry, duly approved by the President on
November 8, 1933 and further to effectuate the policies of Title I
of the National Industrial Act, the following modification is estab-
lished as a part of said Code of Fair Competition and shall be bind-
ing upon every member of the Printers Rollers Industry.
Modification
Modify Article VI, by deleting Paragraph 6 and substituting in
lieu thereof the following :
6. (a) It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair compe-
tition established by this Code and to effectuate the policy of the
Act, the Code Authority is authorized, subject to the approval of
the Administrator :
(1) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes and to meet such obliga-
tions out of funds which may be raised as hereinafter provided
and which shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, sub-
ject to such notice and opportunity to be heard as he may deem
necessary, (1) an itemized budget of its estimated expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Industry.
(3) After such budget and basis of contribution have been
approved by the Administrator, to determine and secure equi-
table contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled
to participate in the selection of the members of the Code Authority
(452)
453
or to receive the benefits of its voluntary activities or to make use of
any emblem or insignia of the National Recovery Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no sub-
sequent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Administrator
^hall have so approved.
Approved Code No. 106 — Amendment No. 1.
Registry No. 1325-03.
Approved Code No. 142 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL JEWELRY TRADE
As Approved on July 20, 1934
ORDER
Approving Amendments of Code of Fair Competition for the
Retail Jewelry Trade
An ajDplication 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 the Code of Fair Competition for the Retail Jewelry Trade,
and hearings having been duly held thereon and the annexed report
on said amendments, containing findings with respect thereto, hav-
ing 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, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment 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 amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Robert L. Houston, ,
Division Administrator.
Washington, D.C,
Juhj 20, 193 Jt.
78805—34 16 (455)
KEPOET TO THE PRESIDENT
The President,
The White House.
Sir : This is a report of the Hearing on certain amendments to the
Code of Fair Competition for the Retail Jewelry Trade, conducted
in Room 128 of the Willard Hotel, Washington, D.C., on May 5;
1934. The amendments which are attached were presented by the
National Retail Jewelry Trade Council, which is the national retail
jewelry code authority, and as such the duly qualified and authorized
representative of the Trade.
The first of the annexed amendments enlarges upon the definition
of " professional person " as originally set forth in the Code, in order
to avoid any misunderstanding as to the meaning of that term in this
Code. In the several months during which this Code has been effec-
tive, the question has frequently arisen as to the scope of the term
" professional person ", particularly as applied to skilled craftsmen
such as watchmakers, watch repairers, engravers, etc., and it was
thus felt to be advisable to set forth this more detailed definition of
the term.
The second of the amendments annexed hereto permits employers
to allow employees as much as one and one-half hours for lunch in
communities where a lunch period longer than one hour has custo-
marily been allowed, provided the approval of the appropriate Local
Retail Jewelry Trade Committee, or if there be no such local commit-
tee, the National Retail Jewelry Trade Council, is first secured. In
communities where such a custom has prevailed, it is sometimes de-
sirable, both from the point of view of the employees and the ein-
ployers, to establish the longer lunch period permitted under this
proposed amendment, in order that employees may go to their homes
for lunch, etc.
The third amendment provides that no retail jeweler shall adver-
tise or offer to repair, clean, regulate or adjust watches or clocks or
any part or parts thereof, at a minimum, maximum or uniform price.
In the several months of operation of this Code, it has been found
that a number of jewelers, comprising only a small part of the trade,
have engaged in an unfair trade practice which has been harmful to
consumers by misleading them, and to other retail jewelers by gain-
ing the business of their customers through other than fair com-
petitive methods. This practice has consisted of advertising to re-
pair watches at a uniform price, which price was often set at a very
low amount. Different repairs to watches cost varying amounts,
depending on the necessary labor involved and materials which must
be used. However, consumers through this advertising have been
led to believe that at such sliops they can have any repairs made at
a low price, regardless of the serious nature of the defect to be cor-
rected. Retail jewelers who have not indulged in this method of
(456)
457
advertising have found it difficult to compete with jewelers who so
advertise. Therefore, inasmuch as such advertising misleads the
public and is not a fair competitive practice, it is felt that this
amendment is a worthy addition.
Tlie fourth amendment modifies this Code by eliminating there-
from Secion 3 of Article VIII, relating to " prison-made goods."
The nature of the merchandise handled by the Retail Jewelry Trade
is such, due to its high intrinsic value, that it is not the subject of
manufacture by inmates of penal institutions. It is felt, therefore,
that this provision is an unnecessary one in this Code and it has
accordingly been eliminated.
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 ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereofj and will provide for the gen-
eral welfare by promoting the organization of industry for the pur-
pose 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 com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction 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 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.
(c) The Code empowers the National Retail Jewelry Trade Coun
cil to present the aforesaid amendments on behalf of the industry as
a whole.
(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
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 the amendments have been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
July 20, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL JEWELRY TRADE
Subsection (b) of Article I, Section 6 of the Code of Fair Com-
petition for the Retail Jewelry Trade shall be amended to read as
follows : " The term ' professional person ' as used herein shall mean
lawyers, doctors, nurseg, research technicians, advertising specialists
and other persons engaged in occupations requiring a special dis-
cipline and special attainment, but shall not be applied to skilled
craftsmen in the retail jewelry trade, such as watchmakers, watch
repairers and engravers."
Article IV, Section 6, shall be amended by adding thereto the fol-
lowing provisions : " However, in communities where there has been
an established custom to allow employees an interval of longer than
one hour for the midday meal such custom may be continued on the
same basis, provided that in no case shall the interval be longer than
one and one-half hours; and provided further that the approval of
the Local Retail Jewelry Trade Committee within the local area is
first secured, or in the event that no such Local Retail Jewelry Trade
Committee has been authorized within the local area, that the ap-
proval of the National Retail Jewelry Trade Council is first secured,"
Article VIII, Section 1, Subsection (o) shall be amended to read
as follows : " No retail jeweler shall advertise to repair, clean, regu-
late or adjust watches or clocks or any part or parts thereof at a
minimum, maximum or uniform price, irrespective of the cost of
such repairs and/or services."
Article VIII shall be amended by eliminating therefrom Section
3, entitled " Prison-made Goods ", and indicating as Section 3 the
present Section 4, entitled " Company Scrip."
Approved Code No. 142 — Amendment No. 1.
Registry No. 1631-11.
(458)
Approved Code No. 114 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SCIENTIFIC APPARATUS INDUSTRY
As Approved on July 20, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Scientific Apparatus 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 modifica-
tion to a Code of Fair Competition for the Scientific Apparatus
Industry, and notice of opportunity to file objections having been
given and the annexed report on said modification, containing find-
ings with respect thereto, having been made and directed to the
x^rGsiciGnt' *
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. John'son, 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
constituted after being modified comply in all respects with the perti-
nent 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, such approval and such modification to take effect fifteen
(15) days from date hereof, unless good cause to the contrar 
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