(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Codes of fair competition as approved [June 16, 1933]-July 30, 1935 : with supplemental codes, amendments, executive and administrative orders issued between these dates."

'ES OF ¥Aill (.^uMlisHTH 




rt] 



.No Q^^^X \ f\MrC 



^ 




V- ^S 



t 



_^ 



NATIONAL RECOVERY ADMINISTRATION 

HUGH S. JOHNSON, Administrator for National Recovery 



CODES O^F^Am'cOMPETITION 

Nos. 497-508 



AS APPROVED 

AUGUST 5-AUGUST 25, 1934 

WITH SUPPLEMENTAL CODES, AMENDMENTS 

EXECUTIVE AND ADMINISTRATIVE 

ORDERS ISSUED BETWEEN 

THESE DATES 



VOLUME XV 




W£ DO OUR PART 



GOVERNMENT t'RlNTIl'JG OFriCE 
WASHINGTON : 1934 



MAY 26 1936 






C^rgei to credit acct 
with Supt. ot Documersb 



CONTENTS 



Code 

No. I 



Industry 



Date ap- 
proved, 1934 



497 
498 
499 
500 
501 
502 
503 
504 
505 
506 
507 
508 



CODES OF FAIR COMPETITION 

Textile Examining, Shrinking, and Refinishing 

Corn Cob Pipe 

Refrigerated Warehousing 

Processed or Refined Fish Oil 

Manufacturing and Wholesale Surgical 

Upward-Acting Door 

Pretzel 

Animal Glue 

Blackboard and Blackboard Eraser Manufacturing 

Electric and Neon Sign 

Surgical Distributors Trade 

Industry of Wholesale Plumbing Products, Heating Prod' 
ucts and/or Distributing Pipe, Fittings, and Valves 



Aug. 6 
Aug. 7 
Aug. 8 
Aug. 8 
Aug. 9 
Aug. 11 
Aug. 11 
Aug. 23 
Aug. 23 
Aug. 24 
Aug. 24 

Aug. 25 



1 

13 

25 

39 

57 

71 

87 

101 

117 

131 

147 

163 



Industry 



Date 



AMENDMENTS 

Textile Processing, No. 3 

Nottingham Lace Curtain, No. 1 

Stay Manufacturing, No. 1 

Light Sewing Industry Except Garments, No. 5 

Peanut Butter, No. 2. 

Power and Gang Lawn Mower Manufacturing, No. 1 (A 
Division of the Fabricated Metal Products Manufacturing 

and Metal Finishing and Metal Coating Industry) 

Boot and Shoe Manufacturing, No. 1 I 

Buffing and Polishing Composition, No. 1 

Mechanical Lubricator, No. 1 (A Division of the Machinery 

and Allied Products Industry) 

Open Paper Drinking Cup and Round Nesting Paper Food 

Container, No. 1 

Graphic Arts, No. 7 

Newspaper Printing Press, No. 1 

Print Roller and Print Block Manufacturing, No. 1 

Saw and Steel Products Manufacturing, No. 1 

Ornamental Moulding, Carving and Turning, No. 2 

Plumbing Contracting, No. 1 (A Division of the Construction 

Industry) 

Steel C?sting, No. 1 

Beater and Jordan and Allied Equipment, No. 1 (A Division 

of the Machinery and Allied Products Industry) 

Concrete Masonry, No. 1 

Cooking and Heating Appliance Manufacturing, No. 1 

Foundry Equipment, No. 1 

Industrial Furnace Manufacturing, No. 1 

Men's Clothing, No. 4 

Pipe Nipple Manufacturing, No. 1 

(I) 



8- 



6-34 
7-34 
7-34 
8-34 
8-34 



?- 8-34 
^- 9-34 
3- 9-34 



8- 9-34 
8-10-34 
8-10-34 
8-10-34 
8-10-34 
8-11-34 

8-11-34 
8-11-34 

8-13-34 
8-13-34 
8-13-34 
8-13-34 
8-13-34 
8-13-34 
8-13-34 



Page 



181 
189 
193 
197 
201 



205 
209 
213 



3- 9-34 I 219 



225 
229 
233 
237 
243 
249 

253 

257 

263 
265 
269 
273 
277 
283 
287 



CONTENTS— Continued 



Industry- 



Date 



AMENDMENTS— Continued 

Artificial Flower and Feather, No. 1 

Hosiery, No. 4 

Carbon Dioxide, No. 1 (A Division of the Chemical Manufac- 
turing Industry) ; 

Cotton Ciarnient, No. 5 

End Grain Strip ¥/ood Block, No. 1 

Graphic Arts, No. 8 

Conveyor and Material Preparation Equipment Manufactur- 
ing, No. 1 (A Division of the Machinery and Allied Products 

Industry) 

Hoisting Engine Manufacturing, No. 1 (A Division of the 

Machinery and Allied Products Industry) 

Coat and Suit, No. 1 

Fresh Water Pearl Button Manufacturing, No. 1 

Hardwood Distillation, No. 2 

Cotton Garment, No. 6 

Cotton Garment, No. 7 

Merchandise Warehousing Trade, No. 1 

Paper Distributing Trade, No. 1 

Photo-Engraving, No. 1 

Automotive Parts and Equipment Manufacturing, No. 2 

Electrotyping and Stereotyping, No. 2 

Picture Moulding and Picture Frame, No. 1 

Retail Trade, No. 3 

Crushed Stone, Sand and Gravel, and Slag, No. 1 

Feldspar, No. 1 

Foundry Supply, No. 1 

Novelty Curtains, Draperies, Bedspreads and Novelty Pillows, 

No. 2 

Savings, Building and Loan Associations, No. 1 

Saw and Steel Products Manufacturing, No. 2 

Steel Casting, No. 2 

Wall Paper Manufacturing, No. 2 

LABOR PROVISION 
Wine 

SUPPLEMENTS 

Wholesaling or Distributing Trade, No. 19, for Charcoal and 

Package Fuel Distributing Trade 

Construction, No. 17, for Marble Contracting 

Machinery and Allied Products, No. 42, for Pulp and Paper 

Machinery 

Wholesaling or Distributing Trade, No. 21, for CojDper, Brass, 

Bronze and Related Alloys Trade 

Wholesaling or Distributing Trade, No. 20, for Electrical Whole- 
sale Trade 

Construction, No. 18, for Building Granite 

Wood Turning and Shaping Industries, No. 1, for Dowel 

Chemical Manufacturing, No. 3, for Industrial Alcohol 

Wholesaling or Distributing Trade, No. 22, for Wholesale 

Jewelry Trade 

Fabricated Metal Products Manufacturing and Metal Finishing 
and Metal Coating, No. 46, for Electro Plating and Metal 

Polishing and Metal Finishing 

Fabricated Metal Products Manufacturing and Metal Finishing 

and Metal Coatmg, No. 47, for Pipe Tool Manufacturing 

Wholesaling or Distributing Trade, No. 23, for Wholesale 
Embroidery Trade 



8-14-34 
8-14-34 

8-16-34 
8-16-34 
8-16-34 
8-16-34 



8-18-34 

8-18-34 
8-20-34 
8-20-34 
8-20-34 
8-21-34 
8-21-34 
8-21-34 
8-21-34 
8-21-34 
8-23-34 
8-23-34 
8-23-34 
8-23-34 
8-24-34 
8-24-34 
8-24-34 

8-24-34 
8-24-34 
8-24-34 
8-24-34 
8-24-34 



8-18-34 



8- 7-34 
8-11-34 

8-11-34 

8-13-34 

8-13-34 
8-20-34 
8-20-34 
8-21-34 

8-21-34 

8-22-34 
8-23-34 
8-24-34 



(II) 



CONTENTS— Continued 



Industry 



Date 



EXECUTIVE ORDERS 

President's Reemployment Agreement, Extension to April 30, 
1934 

Federal Alcohol Control Administration, Delegating further 
functions and powers to the 



ADMINISTRATIVE ORDERS 

Atlantic Mackerel Fishing (A Division of the Fishery Industry), 
Production, Approval of plan of curtailment of 

Fresh Oyster (A Division of the Fishery Industry), Hours of 
labor, rates of pay, etc., Extending time to report on 

Fur Manufacturing, Code Authority, Increasing membership on 
the temporary 

President's Reemployment Agreement, Service Trades, Supple- 
mentary rules and regulations for employers in towns of less 
than 2,500 in population 

Structural Steel and Iron Fabricating, Effective date of code, 
Staying 

Fur Manufacturing, Special Commission, Appointment and 
allocation of certain powers to the 

Silverware Manufacturing, Cost accounting system, Approval 
of 



Asbestos, Brake Lining and Related Friction Products Division, 
Approving a Merchandising Plan for the 

Ice, Minimum prices. Declaration of an emergency and estab- 
lishment of 

Optical Retail Trade, Trade Practice Provisions, Stay of 

National Sheltered Workshop Committee, Appointing Mem- 
bers of 

Smoking Pipe Manufacturing, Cost Accounting System, Ap- 
proval of Standard 

Cigar Manufacturing, Wage Exemptions, Granting higher — 
for slow workers 

Lumber and Timber Products Industries, Prices, Granting 
Limited exemption from Rules and Regulations for applica- 
tion of minimum 

Needlework Industry in Puerto Rico, Homework, Staying ap- 
plication of code relevant to 

Graphic Arts, Steel and Copper Plate Engraving and Printing, 
Stay of minimum wage provisions for the 

Wholesale Confectioners', Sale, Approval of plan to govern — 
of "Distressed Candy" 

Asphalt and Mastic Tile, Costs, Staying code provisions rele- 
vant to prices covering installation 

Furniture Manufacturing, Cost Formula, Approving 

Household Goods Storage and Moving Trade, National Indus- 
trial Relations Board, Recognition of temporary members and 
authorization of the 

Packaging Machinery Industry and Trade, Hour tolerance. 
Granting temporary man 

Shipbuilding and Ship repairing, Industrial Relations Com- 
mittee, Membership and Expenses 

Cigar Container, Cost inclusion and application, Approving uni- 
form method of 

Cylinder Mould and Dandy Roll and Paper Making Machine 
Builders, Classification of members 

Gray Iron Foundry, Cost and Estimating System, Approval of 
Uniform 

Bottled Soft Drink, Deposit rules and schedule, Approving of. 

Wood Cased Lead Pencil Manufacturing, Simplification and 
Standardization Schedule, Approval of 



12-19-33 
8-21-34 

8- 6-34 
8- 6-34 
8- 6-34 

8- 6-34 

8- 6-34 

8- 7-34 

8- 7-34 

8- 8-34 

8- 8-34 
8- 8-34 

8- 9-34 

8- 9-34 

8-10-34 

8-10-34 

8-10-34 

8-11-34 

8-11-34 

8-13-34 
8-13-34 



8-13-34 663 

8-14-34 665 

8-15-34 667 

8-16-34 669 

8-17-34 1 671 

8-17-34 
8-18-34 

8-18-34 



(III) 



CONTENTS— Continued 



Industry 



Date 



ADMINISTRATIVE ORDERS— Continued 

Government contracts and contracts involving the use of gov- 
ernment funds, Gas to the Superintendent of Lighthouses from 
the Pintsch Compressing Company 

Government contracts and contracts involving the use of gov- 
ernment funds, Globe Wireless, Ltd., for furnishing telegraphic 
service to the Weather Bureau 

Government Contracts and contracts involving the use of gov- 
ernment funds. New Central Garage, Inc., with the Bureau of 
Internal Revenue 

Government Contracts and contracts involving the use of gov- 
ernment funds, Street car tickets from the Nueces Transpor- 
tation Company to the postmaster at Corpus Christi, Texas. _ 

Code Administration, Collection of expenses of 

Ice, Production Control, Continuing code provision relevant to- 

Waste Paper Trade, Prices, Establishing and publishing mini- 
mum net 

Machinery and Allied Products, Code Authority, Increasing 
time to elect a permanent 

Retail Rubber Tire and Battery Trade, Cost, Declaration of 
emergency and revised determination of lowest reasonable. _ 

Underwear and Allied Products Manufacturing, Price Pro- 
visions, Stay of code 

Electrotyping and Stereotyping, Standard Scale, Amendment to. 

Automatic Sprinkler, Cost accounting system, approving 
basis of 

Bottled Soft Drink, Sale, Approval of regulations to govern 
terms and conditions of 

Candy Manufacturing, Wage adjustments above the minimum 
Staying time limit for equitable 

Dress Manufacturing, Wage differentials. Extending time to 
report on 

Government contracts and contracts involving the use of 
government funds, Transportation of freight for the Govern- 
ment on the Pacific Coast 

Retail Rubber Tire and Battery Trade, Quotations and sales to 
governmental agencies 

Index 



8-20-34 1 675 



8-20-34 676 



8-20-34 677 



-20-34 
-21-34 
-21-34 

-21-34 

-22-34 

-22-34 

-22-34 
-23-34 

-24-34 

-24-34 

-24-34 

-24-34 

-24-34 
-24-34 



678 
679 
680 

682 

684 

685 

720 
721 

722 

723 

724 

725 

726 

727 
729 



(IV) 



CODES OF FAIR COMPETITION 



Approved Code No. 497 

CODE OF FAIR COMPETITION 

FOR THE 

TEXTILE EXAMINING, SHRINKING AND 
REFINISHING INDUSTRY 

As Approved on August 6, 1934 



ORDER 



Code of Fair Competition for the Textile Examining, Shrinking 

AND RefINISHING INDUSTRY 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a Code of 
Fair Competition for the Textile Examining, Shrinking and Refin- 
ishing Industry, and hearings having been duly held thereon and 
the annexed report on said Code, containing findings with respect 
thereto having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated Decem- 
ber 30, 1933, and otherwise; do hereby incorporate by reference 
said annexed report and do find that said Code complies in all 
respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act; and do hereby order that 
said Code of Fair Competition be and it is hereby approved; pro- 
vided, however, that members of the Cotton Textile Industry oper- 
ating under the Code of Fair Competition for the Cotton Textile 
Industry and its provisions governing the shrinking, finishing, and 
similar processing of Cotton Textiles shall, for the purposes of this 
Code not be deemed members of this Industry ; and provided fur- 
ther, that the National Textile Finishers Association shall, within 
sixty (60) days from the date of this Order, amend that part of 
Article II, Section 2 of the By-Laws of said Association which pro- 
vides that an applicant for membership must receive an affirmative 
vote of the majority of the Board of Directors, so as to render it 
inapplicable to applicants for Code Membership, and also amend 
Article VIII, Sections 2 and 3 of the By-Laws of said Association to 
make conviction for a Code violation in a Court of competent juris- 

78664° 1041—34- 34 (i) 



diction or non-payments of dues, or the ceasing to be a member of 
the Industry the only grounds for suspension and/or expulsion of 
a Code Member. 

Hugh S, Johnson, 
Administrator for hulibstrial Recovery. 

Approval recommended : 

WiLIJAM P. FaRNSWORTH, 

Acting Division Administrator. 

Washington, D.C, 

August 6, 193 Jf. 



REPOKT TO THE PRESIDENT 

The President, 

The White House, 

Sm: The Public Hearing on the Code of Fair Competition for 
the Textile Examining, Shrinking, and Refinishing Industry was 
conducted in Washington, D.C., March 10, 1934. 

Every person who requested an appearance was fairly heard in 
accordance with the regulations of the National Recovery Admin- 
istration. 

The Industry as defined in the Code includes the services of ex- 
amining, sponging or shrinking, double sponging or shrinking, 
decating, london, or water shrinking and refinishing of woolen and 
other woven fabrics owned by others. 

FINDINGS 

The Deputy Administrator in his final report to me on sa'id 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 x\.ct, including 
removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of indus- 
try for the purpose of cooperative action among the trade groups, 
by inducing and maintaining united action of labor and manage- 
ment under adequate governmental sanctions and supervision, by 
eliminating unfair competitive practice, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be 
temporarily required), by increasing the consumption of industrial 
and agricultural products through increasing purchasing power, by 
reducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) Said industry normally employs not more than 50,000 em- 
ployees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the 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 Associ- 
ation is an industrial association truly representative of the afore- 
said industry, and that the said association imposes no inequitable 
restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(3) 



(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said Code. 

For these reasons the Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator, 
August 6, 1934. 



CODE OF FAIK COMPETITION FOR THE TEXTILE EX- 
AMINING, SHRINKING AND REFINISHING INDUSTRY 

Article I — Ptjrposes 

To eflPectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code 
of Fair Competition for the Textile Examining, Shrinking, and 
Refinishing 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 " Textile Examining, Shrinking, and Refinishing 
Industry " as used herein means and includes the services of exam- 
ining, sponging, or shrinking, double sponging or shrinking, de- 
cating, london, or water shrinking and refinishing of woolen and 
other woven fabrics owned by others, and such related branches 
or subdivisions as may from time to time be included under the 
provisions of this Code or specifically excluded therefrom by the 
Administrator. 

2. The term " member of the industry " includes, but without 
limitation, any individual, partnership, association, corporation, 
or other lorm of enterprise engaged in the Industry either as an 
employer or on his or its own behalf.^ 

3. The term " employee " as used herein means and includes any 
person engaged in any phase of the Industry, in any capacity, re- 
ceiving compensation for his services, irrespective of the nature 
or method of payment of such compensation, including members 
of the Industry who may do the same work as employees. 

4. The term " employer '' as used herein means and includes any- 
one by whom any such employee is compensated or employed. 

5. The term " President ", "Act ", and "Administrator ", as used 
herein shall mean respectively, President of the United States, Title 
I of the National Industrial Recovery Act, and the Administrator 
for Industrial Recovery. 

Article III — Hours 

1. No employee shall be permitted to work in excess of forty (40) 
hours per week, nor more than eight (8) hours in any twenty-four 
(24) hour period, except as herein otherwise provided. 

2. No employees engaged in emergency maintenance or emergency 
repair work or as watchmen shall be permitted to work in excess of 
f ortj^-four (44) hours in any one week. 

^ See paragraph 2 of order approving tliis Code. 

(5) 



3. The provisions of this Article shall not apply to outside sales- 
men or to persons employed in a managerial or executive capacity 
who earn not less than thirty-five ($35.00) dollars per week. 

4. No employer shall knowingly engage any employee for any time 
which, when totaled with that already performed with another em- 
ployer or employers, exceeds the maximum hours per week per- 
mitted herein. 

Article IV — Wages 

1. No manufacturing employee shall be paid at lees than a rate of 
forty-five cents (45^) per hour. 

2. No non-manufacturing employee shall be paid less than four- 
teen dollars ($14.00) for a week of forty (40) hours. 

3. Persons learning a manufacturing occupation shall be paid 
not less than at a rate of fortv and one-half cents (401/20) per hour, 
provided : that the number of such learners shall not exceed five per 
cent (6%) of the emploj^ees of any one employer and that learners 
shall not be employed as such for a period in excess of six (6) 
months, irrespective of whether they are employed by one or more 
employers. 

4. There shall be an equitable adjustment of wages above the mini- 
mum, unless such adjustments have heretofore been made under the 
N.R.A. Weekly compensation shall not be reduced because of any 
reduction in weekly hours resulting from the provisions of this 
Code. All adjustments made since June 16. 1933, shall be re- 
ported to the Code Authority within 90 days oi the effective date of 
this Code. 

5. Females employees performing substantially the same work as 
male employees shall receive the same rate of pay as male employees. 

6. This Article establishes the minimum rate of pay which shall 
apply irrespective of whether an employee is actually compensated 
on a time rate, piece work or other basis. 

Article V — General Labor Provisions 

1. No person under sixteen (16) years of age shall be employed in 
the Industry. No person under eighteen (18) years of age shall be 
employed in manufacturing operations. In the event of a claim of 
alleged violation of this section, an employer shall be deemed to 
have complied with the provisions of this section if he shall have on 
file and shall submit a certificate of age issued by the duly author- 
ized department of the State in which the employer operates^ show- 
ing the age of the employee to be no less than the age required by 
this section. 

2. Employees shall have the right to organize and bargain collec- 
tively, through representatives of their own choosing and shall be free 
from the interference, restraint or coercion of employers of labor or 
their agents, in the designation of such representatives or in self- 
organization or in other concerted activities for the purpose of 
collective bargaining or other mutual aid or protection. 

3. No employee and no one seeking employment shall be required 
as a condition of employment to join any company union or to 
refrain from joining, organizing, or assisting a labor organization 
of his own choosing. 



4. Emploj^ers shall complj^ with the maximum hours of labor, 
minimum rates of pay, and other conditions of employment approved 
or prescribed by the President. 

6. No employer shall reclassif}^ employees or duties of occupations 
performed or engage in any subterfuge so as to defeat the provisions 
of the Act or of this Code. 

6. No provision of this Code shall supersede any law within any 
state which imposes more stringent requirements on employers as 
to age of employees, wages, hours of work, or as to safety, health, 
or sanitary regulations, or insurance, or fire protection, or general 
working conditions, than are imposed by this Code. 

7. All employers shall post and keep posted copies of this Code 
in conspicuous places accessible to all emploj^ees. 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. 

8. No provisions of this Article shall modify established practices 
for privileges as to vacation periods, leaves of absence, or temporary 
absence from work heretofore guaranteed to office employees. 

9. Every employer shall provide for the safety and health of his 
employees during the hours and at tlie places of their employment. 

Article VI — Organization, Po^\t:rs, and Duties of the Code 

Authority ^ 

1. A Code Authority is hereby established consisting of — 

(a) Six members to represent the Industry, elected by a majority 
vote of the membership of the National Textile Refinishers Associa- 
tion. The said election shall be under the supervision of the Admin- 
istrator or his representative. 

(b) One member to represent the members of the Industry who 
are unaffiliated with the National Textile Refinishers Association, to 
be elected by such members by a method of election approved by the 
Administrator and conducted under the supervision of the Adminis- 
trator or his representative. 

(c) Such additional members without vote, not to exceed three 
as the Administrator may appoint to represent the Administrator 
for such periods as he may designate. 

2. Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall 
(1) impose no inequitable restrictions on membership, 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. 

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 Authoritj^ is not truly representative or does not in other 
respects comply with the provisions of the Act, may require an 



' See paragraph 2 of order approving this Code. 



8 

appropriate modification in the method of selection of the Code 
Authority. 

4. Nothing contained in this Code shall constitute the members of 
the Code Authority partners for any purpose. Nor shall any mem- 
ber of the Code Authority be liable in any manner to anyone for 
any act of any other member, officer, agent, or employee of the Code 
Authority, 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 malfeasance, or 
nonfeasance. 

5. If the Administrator shall at any time determine that any 
action of the Code Authority or any agency thereof may be unfair or 
unjust or contrary to the public interest or to the Act, the Adminis- 
trator may require that such action be suspended to afford an oppor- 
tunity for investigation of the merits or 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 days' notice to him 
of intention to proceed with such action in its original or modified 
form. 

POWERS AND DUTIES 

6. 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: Provided, however, that this shall not be construed to 
deprive duly authorized governmental agencies of their power to 
enforce the provisions of this Code or 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; 
and in addition to information required to be submitted to the Code 
Authority, members of the Industry, subject to this Code, 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 desig- 
nate ; provided that nothing in this Code shall relieve any member 
of the Industry of any existing obligations to furnish reports to 
any government agency. No individual reports shall be disclosed 
to any other member of the Industry or any other party 
except to such other govermental 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 i^rovisions 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) (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 obliga- 
tions 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 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. 

(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 the members 
of the Code Authority or to receive the benefits of any of its voluntary 
activities. 

(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. 

(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- 
bilization 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 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 amendments to 
this Code, and such other Codes. 

(i) There shall be established an Industrial Relations Committee 
for the Industry, which shall consist of an equal number of repre- 
sentatives of emploj^ers and employees and an impartial chairman. 



10 

The Aclministrator shall appoint such impartial chairman upon the 
failure of the Committee to select one by agreement. If no truly- 
representative labor organization exists, the employee members of 
such board may be nominated by the Labor Advisory Board of the 
NUA and appointed by the Administrator. The employer repre- 
sentatives shall be chosen by the Code Authority. Such committee 
shall deal with complaints and disputes relating to labor in accord- 
ance with rules and regulations issued by the Administrator. The 
Industrial Relations Committee may establish such divisional, re- 
gional, and local industrial adjustment agencies as it may deem 
desirable, each of which shall be constituted in like manner as the 
Industrial Relations Committee. 

(j) To appoint a committee to meet with Committees appointed 
by the Code Authorities of other industries to bring about uniform- 
ity in standards of employment and processing, wherever textile ex- 
amining, shrinking and refinishing is performed. 

(k) To appoint a committee on safety and health which will study 
the number and causes of accidents and health standards in the in- 
dustry and report within six (6) months after the effective date of 
this Code a comprehensive program to carry out the requirements of 
the Administrator in the administration of Article V, Section 9. 

(1) To appoint a committee to meet with committees of other 
Code Authorities to study and adjust any problems of overlapping 
jurisdiction of Codes and to determine specific procedures to be fol- 
lowed where certain processes in industries covered by other Codes 
are or may be the same as processes covered by this Code, provided 
that determinations of said committee or committees shall be subject 
to review by the Administrator. 

Abticlb VII 

The Code Authority shall cause to be formulated methods of cost 
finding and accounting capable of use by all members of the Indus- 
try, 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 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 uniform items of cost which are designed 
to bring about arbitrary uniformity of costs or prices. 

Article VIII — Trade-Practice Rules 

1. No member of the Industry shall publish advertising (whether 
printed, radio, display, or of any nature), which is misleading or 
inaccurate in any material particular, nor shall any member in any 
way misrepresent any services, credit terms, values, policies, or the 
nature or form of the business conducted. 

2. No member of the Industry shall knowingly withhold from or 
insert in any invoice any statement which makes it inaccurate in 
any material particular. 



11 

3. 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. 

4. No member of the Industry shall publish or circulate unjust 
or unwarranted threats of legal proceedings which tend to or have 
the effect of harassing competitors, or intimidating any of their 
customers. 

5. No member of the Industry shall secretly offer or make any 
payment or allowance of a rebate, refund, commission, credit, un- 
earned discoimt, or excess allowance, whether in the form of money 
or otherwise, nor shall a member of the Industry secretl}'- offer or 
extend to any customer any special service, privilege, or price not 
extended to all customers of the same class. 

6. 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 anv employee, agent, or representative of 
another in relation to the "business of the employer of such em- 
ployee, the principal of such agent of the represented party, with- 
out the knowledge of such emplo5'er, principal or party. This 
provision shall not be construed to prohibit a general distribution of 
articles commonly used for advertising, except so far as such articles 
are actually used for commercial bribery as hereinabove defined. 

7. No member of the Industry shall attempt to induce the breach 
of contract between a competitor and his customer or source of 
supply; nor shall any such member interfere with or obstruct the 
performance of such contractual duties or services. 

AeTICLE IX — MODEFICATION 

1. This Code and all the provisions thereof are expressly made 
subject to the right of the President, in accordance with the pro- 
visions of subsection (b) of Section 10 of the Act, from time to time 
to cancel or modify any order, approval, license, rule, or regulation 
issued under Title I of said Act. 

2. This Code, except as to provisions required by the Act, may 
be modified on the bagis of experience or changes in circumstances, 
such modifications to be based upon application to the Administrator 
and such notice of hearing as he shall specify, and to become effective 
on approval by the Administrator. 

Article X — Monopolies 

This Code shall not be construed or applied to promote or permit 
monopolies or monopolistic practices or to eliminate or oppress or 
discriminate against small enterprises. 

Article XI — Effective Date 

This Code shall become effective on the second Monday after 
approval by the Administrator. 



Approved Code No. 497. 
Registry No. 299-1-38. 



o 



Approved Code No. 498 
CODE OF FAIR COMPETITION 

FOR THE 

CORN COB PIPE INDUSTRY 

As Approved on August 7, 1934 



ORDER 



Code of Fair Competition for the Corn Cob Pipe Industry 

An application having been duly made pursuant to and in ful^l 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of a Code 
of Fair Competition for the Corn Cob Pipe Industry, and hearing 
having been duly held thereon and the annexed report on said Code, 
containing findmgs with respect thereto, having been made ana 
directed to the President: 

^ NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No, 6543-A, dated Decem- 
ber 30, 1933, and otherwise ; do hereby incorporate by reference said 
annexed report and do find that said Code complies in all respects 
with the pertinent provisions and will promote the policy and pur- 
poses of said Title of said Act: and do hereby order that said 
Code of Fair Competition be and it is hereby approved; provided, 
however, that a further study shall be made regarding the minimum 
rates of pay as provided in Article IV, Section 1 oi the Code and 
that a report covering same shall be made to the Administrator 
within sixty (60) days from the effective date hereof, for the pur- 
pose of determinmg the advisability of increasing the said minimum 
wage rates. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 
Geo. L. Berry, 

Division Administrator. 

Washington, D.C, 

August 7, 1934. 

78872° 1044-37 34 (13) 



REPOET TO THE PRESIDENT 

The President, 

The White House. 

Sib : The public hearing on the Code of Fair Competition for the 
Corn Cob Pipe Industry of the United States, submitted by a Code 
Committee of Corn Cob Pipe Manufacturers, was conducted in 
Washington, D.C., on the 17th of May, 1934, in accordance with the 
provisions of the National Industrial Recovery Act. The Code 
Committee claims to represent approximately 90 percent of the 
Industry, 

The maximum hours established under this Code are 40 per week, 
with the exception of one period, not to exceed four weeks, in each 
six months, during which time employees may be permitted to work 
48 hours per week provided they are paid at least time and one-half 
for all hours worked in excess of eight per day and forty per week. 

Exceptions are allowed for managers and executives who receive 
$35.00 or more per week, enginers, who may work 45 hours per week, 
and employees engaged in emergency maintenance and repair work, 
provided that such employees receive at least one and one-half times 
their normal rate of pay for all hours worked in excess of 40 per 
week. 

In 1929 this Industry operated approximately 51 hours per week 
and the same hours prevailed in 1931. 

The minimum wages established under this Code are 2Ti/^ cents 
per hour for males and 221.^ cents per hour for females. While this 
wage appears to be low, it is pointed out that when compared with 
the wages prior to this Code, which were 19 cents per hour for 
males and 13.8 cents per hour for females, the wages under this Code 
represent a substantial increase to the employees. Protection of 
employees on piecework performance is guaranteed. 

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 
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 the trade gi'oups, by induc- 
ing and maintaining united action of labor and management under 
adequate governmental sanctions and supervision, by eliminating 
unfair competitive practices, by promoting the fullest possible utili- 
zation of the present productive capacity of industries, by avoiding 
undue restrictions of production (except as may be temporarily 
required) by increasing the consumption of industrial and agricul- 

(14) 



15 

tural products through increasing purchasing power, by reducing and 
relieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 em- 
ployees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section T, and 
Subsection (b) of Section 10 Miereof ; and that the applicant Com- 
mittee is a trade group truly representative of the aforesaid Industry. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
Code. 

This Industry has cooperated in a most satisfactory manner with 
the Administration in the preparation of this Code. From the evi- 
dence adduced during tliis hearing and from recommendations and 
reports from 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 for these reasons has been 
approved. 

Kespectfully, 

Hugh S. Johnson, 

Administrator. 
August 7, 1934. 



CODE OF FAIR COJ^IPETITION FOR THE CORN COB PIPE 
MANUFACTURING INDUSTRY 

Article I — Purposes 

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 Corn Cob Pipe Manufacturing Industry, and, its provisions shall 
be the standards of fair competition for such industry and shall be 
binding upon everj^^ member thereof. 

Article II — Definitions 

Section 1. The term " Corn Cob Pipe Manufacturing Industry " 
or " Industry " as used herein includes the manufacture of pipes, 
the bowls of which are made from corn cobs, and such related 
branches or subdivisions as may from time to time be included under 
the provisions of this Code by the President of the United States, 
and after such notice and hearings as he may prescribe. 

Section 2. The term " Member of the Industry " or " Member " 
includes, but without limitation, any individual, partnership, associa- 
tion, corporation, or other form of enterprise engaged in the indus- 
try, either as em.ployer or on his or its 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 anyone 
by whom such employee is compensated or employed. 

Section 5. The terms " President," "Act " and "Administrator " 
as used herein mean respectivelj^ the President of the United States, 
Title I of the National Industrial Recovery Act and the Administra- 
tor for Industrial Recovery. 

Article III — Hours 

Section 1. No employee shall be permitted to work in excess of 
forty (40) hours in one week or eight (8) hours in any twenty-four 
(24) hour period (beginning at midnight) except as herein other- 
wise provided. A normal work day shall not exceed eight (8) 
hours; provided, however, in case of peak or seasonal demands, that 
employees may work forty-eight (48) hours per week for a period 
not to exceed four (4) weeks in any six m.onth's period; and pro- 
vided further that at least time and one-half is paid for all hours 
worked in excess of forty (40) per week and eight (8) per day. 
Section 2. The provisions of this Article shall not apply to : 
(a) Persons employed in a managerial or executive capacity who 
receive thirty-five dollars ($35.00) or more per week nor to outside 
salesmen. 

(16) 



17 

(b) Employees engaged in emergency maintenance or emergency 
repair work, provided that such employees shall receive one andf one- 
half times the normal rate of pa}'^ for all hours worked in excess of 
forty (40) per week. 

(c) Watchmen who may be permitted to work a maximum of 
fifty-six (5G) hours per week, provided, however, that they be given 
one day off in each seven day period. 

(d) Engineers who may be permitted to work a maximum of 
forty-five (45) hours per week. 

Section 3. No employer shall permit any employee to work for 
any time, which, when totaled with that already performed for an- 
other employer or employers in this industry exceeds the maximum 
permitted herein. 

Akticlb IV — Wages 

Section 1. No male employee shall be paid in any pay period less 
than at the rate of twenty-seven and one-half (2Ti^) cents per hour, 
and no female employee shall be paid at any pay period less than 
at the rate of twenty-two and one-half (22y2) cents per hour.^ 

Section 2. This article establishes a minimum rate of pay whichi 
shall apply, irrespective of whether an employee is actually com- 
pensated on a time rate, piece work or other basis. 

Section 3. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. 

Section 4. Equitable and reasonable adjustments of pay schedules 
of employees receiving above the minimum shall be made within 
thirty (30) days after the effective date of this Code by any em- 
ployer who has not heretofore made such adjustments. The first 
report of wages required to be filed under this Code shall contain, 
all wage increases made since May 1, 1933. 

Article V — General Labor PK0^^SI0NS 

Section 1. No person under sixteen (16) years of age shall be 
employed in the Com Cob Pipe Manufacturing Industry. No per- 
son under eighteen (18) years of age shall be employed at operations 
or occupations which are hazardous in nature or dangerous to health. 
The Code Authority shall submit to the Administrator before sixty 
(60) days after the effective date of this code, a list of such opera- 
tions or occupations. In any State an employer shall be deemed 
to have complied with this provision as to age if he shall have on 
file a certificate or permit duly signed by the Authority in such State 
empowered to issue employment or age certificates or permits show- 
ing that the employee is of the required age. 

Section 2. (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 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. 

* See paragraph 2 of order approving this Code. 



18 

(b) No employee and no one seeldng employment shall be required 
as a condition of employment to join any coanpany 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 for the 
purpose of defeating the purposes or provisions of the Act or of this 
Code. 

Section 4. Every employer shall provide for the safety and health 
of employees during the hours and place of their employment. 
Standards for safety and health shall be submitted by the Code 
Authority to the Administrator within three months after the 
effective date of this Code. 

Section 5. No provision in this Code shall supersede any State or 
Federal Law which imposes on employers more stringent require- 
ments as to age of employees, wages, hours of work, or as to safetj^, 
health, sanitary or general working conditions 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 stiall comply with all rules and regulations rel- 
ative to the posting of provisions of Codes of Fair Competition which 
may from time to time be prescribed by the Administrator. 

Section 7. An employer shall make payment of all wages due in 
lawful currency or by negotiable check, therefor, payable on de- 
mand. These wages shall be exempt from any paj^ments 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 at the end of every two weeks period, and salaries at 
least at the end of every month. No employer shall withhold v^^ages. 

Section 8. No employee sliall be dismissed by reason of making 
a complaint or giving evidence with respect to a violation of this 
code. 

Aettcle VI — Organization, Powers, and Duties of the Code 

Authority 

Section 1, A Code Authority is hereb}'^ established consisting of 
three (3) persons to be selected from the Corn Cob Pipe Manufac- 
turing industry by a fair method of selection approved by the 
Administrator. 

Section 2. In addition to membership as above provided ther© 
may be three (3) members without vote to be known as Adminis- 
tration Members to be appointed by the Administrator to serve for 
such terms as he may specify. 

Section 3. Each industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall 
(1) impose no inequitable restrictions on membership, and (2) sub- 
mit to the Administrator true copies of its articles of association, 
by-laws, regulations, and any amendments when made thereto, to- 



19 

gether with such other information as to membership, organization, 
and activities as the Administrator may deem necessary to effectuate 
the purpose 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 in the method of selection of the Code 
Authority. 

Section 5. Nothing contained in this Code shall constitute the 
members of the Code Authoritj^ partners for any purpose. Nor 
shall any member of the Code Authority be liable in any manner 
to an3^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 
hereunder, be liable to anj^one for any action or omission to act 
under this Code, except for his own willful malfeasance or 
nonfeasance. 

Section 6. If the Administrator shall detennine 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 investi- 
gation 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. Potoers and Duties. — Subject to such rules and regula- 
tions 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 rec[uired to be submitted to tlie Code Author- 
ity, members of the industry subject to this Code 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 he may designate; provided that nothing in this 
Code shall relieve any member of the industry of any existing obli- 
gations to furnish reports to any Government Agency. No indi- 
vidual report shall be disclosed to any other member of the indus- 
tiy 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 



201 

associations and agencies sliall 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 ) (1) It bein^ 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 obligations 
out of funds which may be raised as heremafter 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 
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 equit- 
able contributions as above set forth by all members of the 
industry, and to that end, if necessary to institut^i legal pro- 
ceedings therefor in its own name. 

(2) Each member of the industry shall pay his or its equitable 
contribution to the ex^jenses 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 hereinbefore 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 Administration. 

(3) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Admin- 
istrator ; 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- 
bilization 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 formulating 
fair trade practices to govern the relationships between employers 



21 

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. 

Article VII — Cost Accounting and Prices 

Section 1. The Code Authority shall cause to be formulated meth- 
ods 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 industiy shall utilize 
puch 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 2. (a) Wilfully destructive price cutting is an unfair 
method of competition and is forbidden. Any member of the in- 
dustry or of any other industry or the customers of either may at 
any time complain to the Code Authority that any 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 quoting 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 be- 
low the stated minimum price of such product, in violation of Sec- 
tion 2 hereof, is forbidden. 

Section 3. (a) If the Administrator, after investigation shall at 
anj'' time find both (1) that an emergency has arisen within the in- 
dustry adversely affecting small enterprises or wages or labor con- 
ditions, or tending toward monopoly or other acute conditions which 
tend to defeat the purposes of the Act; and (2) that the determina- 
tion of the stated minimum price for a specified product within the 
industi-y 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. 



22 

(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 Re- 
covery Act, he shall publish such price. Thereafter, during such 
stated period, no members 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. 

Aeticle VIII — Trade Practice Rules 

Section 1. No member of the industry shall publish advertising 
(whether printed, radio, display or of any other nature), which is 
misleading or inaccurate in any material particular, nor shall any 
member in any way misrepresent any goods (including but without 
limitation its use, trade mark, ^rade, quality, origin, size, substance, 
character, nature, finish, material, content or preparation) or credit 
terms, values, policies, services, or the nature or form of the busi- 
ness conducted. 

Section 2. No member of the industry shall knowingly withhold 
from or insert in any quotation or invoice any statement that makes 
it inaccurate in any material particular. 

Section 3. 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 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 repre- 
sentation, or by falsely disparaging the grade or quality of his goods. 

Section 5. 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 comi)etitors or intimidating their 
customers. 

Section 6. No member of the industry shall offer or make any 
payment or allowance of a rebate, refund, commission credit, un- 
earned discount or excess allowance, whether in the form of money 
or otherwise, nor shall a member oi 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 7. No members of the industry shall give, permit to be 
given, or offer to give, anything 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 of the represented party, 
without the knowledge oi such employer, principal or party. This 
provision shall not be construed to prohioit free and general distri- 
bution of articles commonly used for advertising except so far as 
such articles are actually used for commercial bribery as hereinabove 
defined. 



23 

Section 8. No member of the industry shall wilfully induce or 
attempt to induce the breach of existing contracts between com- 
petitors and their customers by any false or deceptive means, or 
interfere with or obstruct the performance of any such contractual 
duties, or service by any such means, with the purpose and effect 
of hampering, injuring or embarrassing competitors in their business. 

Section 9. No member of the industry shall require tliat the pur- 
chase or lease of any goods be a prerequisite to the purchase or lease 
of any other goods. 

Article IX — Export Trade 

Section 1. 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. 

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 
regulation issued under 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 to the Ad- 
ministrator and such notice and hearing as he shall specify, and to 
become effective on approval of the President. 

Article XI — Monopolies 

Section 1. No provision of this Code shall be so applied as to 
permit monopolistic practices, or to eliminate, oppress, or discrim- 
inate against small enterprises. 

Article XII — Price Increases 

Section 1. Whereas the policy of the Act to increase real pur- 
chasing power will be made more difficult of consummation if prices 
of gooas and services increase as rapidly as wagesj it is recognized 
that price increases except such as may be required to meet in- 
dividual 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 — Effective Date 

Section 1. This Code shall become effective on the second Monday 
after its approval by the President. 



Approved Code No. 498. 
Registry No. 1651-04. 



o 



Approved Code No. 499 
CODE OF FAIR COMPETITION 

FOR THE 

REFRIGERATED WAREHOUSING INDUSTRY 
As Approved on August 8, 1934 



ORDER 



Code of Fair Competition for the Refrigerated Warehousing 

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 Refrigerated Warehousing Industry, and 
hearing having been held thereon and the annexed report on said 
Code, containing findings with respect thereto, having been made 
and directed to the President : 

NOAV. THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vestecl 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, on condition that within 
ninety days from the effective date of said Code a public hearing 
shall be held on such of the provisions of said Code as I may desig- 
nate and any order v/hich I maj^ make subsequent to such hearing 
shall have the effect of a condition of the approval of said Code. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Geo. L. Berry, 

Division Adini7iistrator. 

Washington, D.C, 

August 8, J934. 

70270° 1044-44 34 (25) 



REPORT TO THE PRESIDENT 

The President, 

The White Hoivse. 
Sir : This is a report of the hearing on the Code of Fair Competi- 
tion for the Refrigerated Warehousing Industrj^, conducted in Wash- 
ington, on March 15, 1934, in accordance witli the provisions of the 
National Industrial Recovery Act. 

THE INDUST1?Y 

This Industry is vital to the health and well-being of the American 
public in that it must constantly safeguard at adequate temperatures 
much of the fruits, vegetables, fish, butter, eggs, fowl and meats, and 
other edibles of our daily consumption. 

There are 540 establishments in this Industry, and these firms have 
an approximate capacity of 325,000,000 cubic feet; approximately 
10,000 employees; with capital investment of over $250,000,000. 

Approximately 80% of the members of this Industry are also en- 
gaged in the ice business and of course use the same refrigerating 
engineering staff, and much of the other labor is interchangeable. 
Notwithstanding that fact, it is estimated that employment oi' labor 
will be increased approximately 25% and an increase in paja-olls of 
approximately 25%, an additional burden on indnstrv of some 
$210,000 annually. 

PROVISIONS OF THE CODE 

The Code provides for a basic work week of forty-eight (48) 
hours, and nine (9) hours per day and six (C) days per week, with 
over-time provision, which in itself is a tremendous contribution by 
industry in view of the exceedingly longer hours worked previoiivsly. 

The proposed minimum hourly wage rates vary from 27.5 to 37.5 
cents with differentials established on the basis of size of city and 
region. The minimum Aveekly wage rate proposed for clerical em- 
ployees is fifteen dollars ($15.00). The Code contains other highly 
beneficial labor clauses. 

Under Article VI, Administration, the Code provides for a Code 
Authority of five (5) members from the Industry and, at the discre- 
tion of the Administrator, tliree (3) additional members from the 
Government. 

The Trade Practice Sectimi of this Code is for the most part a 
codification of rules and regulations which have been well established 
by long practice within the 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 the proceed- 
ings in this matter; 

(26) 



27 

I find that : 

(a) Said Code is well designed to promote the policies and purposes 
of Title I of the National Industrial Recovery Act, including re- 
moval 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 the trade groups, by 
inducing and maintaining united action of labor and management 
under adequate Governmental sanctions and supervision, by elimi- 
nating unfair competitive practices, by promoting the fullest pos- 
sible utilization of the present productive capacity of industries, by 
avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment by improving stanclarcls of labor, 
and b}^ 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 
of members of said industry is a group truly representative of the 
aforesaid Industry; and that said group imposes no inequitable 
restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and wUl 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 de])rived of the right to be heard prior to approval of said Code. 

For these reasons, the Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 
August 8, 1934. 



CODE OF FAIR COMPETITION FOR THE REFRIGERATED 
WAREHOUSING INDUSTRY 

Article I — Purposes 

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 Refrigerated Warehousing Industry, and its provisions shall be 
the standards of fair competition for such Industry and be binding 
upon every member thereof. 

Article II — Definitions 

Section 1. The term " Refrigerated Warehousing Industry " or 
" Industry " as used herein includes the furnishing, for a considera- 
tion, of warehousing services and/or storage for goods, wares and/or 
merchandise in any building or structure, or any part thereof, which 
is artificially cooled, except products which are governed by another 
approved code oi' codes. 

Section 2. The term " Member of the Industry " or '" Member ", 
as used herein includes 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 3. The term '' employee " as used herein includes any 
and all persons engaged in the industry, however compensated, ex- 
cept a member of the industiy. 

Section 4. The term " employer •' as used herein includes anyone 
by whom such employee is compensated or employed. 

Section 5. The terms " President ", " Act ", and " Administrator " 
as used herein mean respectively the President of the United States, 
Title I of the National Industrial Recover}^ Act, and the Admin- 
istrator for Industrial Recovery. 

Sp:ction G. The term " South " as used herein means the states of 
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Missis- 
sippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, 
Virginia, and West Virginia. The term " North "' meaus all other 
states not listed above and the District of Columbia. 

Section 7. Population for the purposes of this Code shall be de- 
termined by reference to the latest Federal Census. 

Articli: III — Hours 

MAXIMUM HOURS 

Section 1. No employee, except as herein otherwise provided, 
shall be permitted to work in excess of forty-eight (48) hours in 
any one week, or nine hours in any 24 hour period. 

(28) 



29 

Section 2. No person emploj^ed in clerical or office work shall be 
permitted to work in excess of forty (40) hours in any one week or 
nine (9) hours in any twenty-four (24) hour period. 

EXCEPTIONS AS TO HOURS 

Section 3. The provisions of this Article shall not apply to per- 
sons engaged in a managerial or supervisory capacity who are paid 
thirty-five dollars ($35.00) or more per week. 

Section 4. Employees engaged in emergency work for the pro- 
tection of life or property shall be exempt from the maximum hours 
provided in this Article, provided, however, that each such employee 
shall be paid time and one third times his normal rate of pay for 
all hours worked in excess of the maximum established herein. 

STANDARD WEEK 

Section 5. No employee except those engaged in emergency work 
as defined in Section 4 of this Article shall be permitted to work 
more than six (6) days in any seven day ])eriod. 

EMPLOYMENT BY SE\TiRAL EMPLOYERS 

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 empio3'er or employers in this or any other Industiy exceeds 
the maximum permitted herein. 

Article IV — Wages 

MINIMUM wages 

Section 1. No employee, except as hereinafter provided, shall be 
paid le.-s than at the rates set forth below : 

(a) Employees in places in the North having a population of 
15,000 persons or more shall be paid not less than thirty-seven and 
one-half cents (37i/2^) per hour. 

(b) Employees in places in the North having a population of less 
than 15,000 persons shall be paid not less than thirty cents (30^,) 
per hour. 

(c) Employees in the South shall be paid not less than twenty- 
seven and one-half cents (27iA^;) per hour. 

Section 2. No office or clerical employee shall be paid less than 
at the rate of fifteen ($15.00) dollars per week. 

PART time COMPENSATION MINIMUM WAGES 

Section 3. This article establishes minimum rates of pay which 
shall apply irrespective of whether an employee is actually com- 
pensated on a time rate, piece-work, or other basis. 

WAGES ABOVE MINIMUM 

Section 4. No employer shall make any reduction in the full time 
weekly earnings of any employee whose normal full time weekly 
hours are reduced by 15 percent, or less, below those existing for 



30 

the four weeks ending June IG, 1933. Wlien the normal full time 
wceJcly hours of any employee are reduced by more than said per- 
cent, the full time weekly Avage of such employee shall not be re- 
duced by more than one half of the percentage of hour reduction 
above said percent. In no event shall hourly rates of pay be re- 
duced, 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. 

Within thirty (30) days of the effective date hereof, (unless spch 
adjustment has been made theretofore) each employer shall adjust 
the schedules of wages of his employees in such an equitable manner 
as will conform to the provisions hereinabove set forth. 

FEMALE EMPLOYEES 

Sec^tion 5. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. 

handicapped persons 

Section G. A person whose earning capacity is limited because of 
age or physical or mental handicap or other infirmities 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 auth- 
orizing his 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 employee. 

WAGE PAYMENTS 

Section 7. An employer shall make payment of all wages due 
at least every two weelcs and salaries at least monthly in lawful cur- 
rency or by negotiable demand check. The.se wages and salaries 
shall be exempt from any charges, fines or deductions or pa3Mnents 
for pensions, insurance or sick benefits other than those voluntarily 
paid by the wage earner or required by law. No employer shlill 
withhold wages other than monies actually due employers or due 
on legal order. The employer or his agent shall accept no rebates 
directly or indirectly on such wages or salaries. 

Article V 

Section 1. Cli'/Id Labor. — No person under eighteen (18) years 
of age shall be employed in the Industry except as office boys, office 
girls or messengers. No person under sixteen (16) years of age 
shall be employed in the Industry in any capacity. In any State 
any employer shall be deemed to have complied with the provisions 
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 re- 
quired age. 



ol 

Section 2. (a) Provisions from the Act. — Employees shall have 
the right to organize and bargain collectively through representa- 
tives of their own choosing, and shall be free from interference, re- 
straint, or coercion of employers of labor, or their agents, in the 
designation of such representatives or in self organization or in 
other concerted activities for the purpose of collective bargaining 
or other mutual aid or protection. 

(b) No employee and no one seeking employment shall be re- 
quired as a condition of employment to join any company union 
or to refrain from joining, organizing, or assisting a labor organi- 
zation of his own choosing, and 

(c) 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. Evasion Throxigli Suoterfur/e. — No employer shall re- 
classify 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 4. Standards for Safety and Health. — 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 Authority to the Administra- 
tor within six months after the effective date of the Code. 

Section 5. Sto.te Laws. — No provision in this Code shall supersede 
any State or Federal law which imposes on employers jnore stringent 
requirements as to age of employees, wages, hours of work, or as to 
safety, health, sanitary or general working conditions, or insurance, 
or fire protection, than are imposed by this Code. 

Section 6. Posting. — 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 regula- 
tions relative to the posting of provisions of Codes of Fair Competi- 
tion which may from time to time be prescribed by the Administrator. 

Section 7. Dismissal of Employees. — No member of the Industry 
shall dismiss or demote any employee for making a complaint or 
giving evidence with respect to an alleged violation of the provisions 
of this Code. 

Article VI — Organization, Powers and Dutip:s of the Code 

Authority 

organization and constitution 

Section 1. A Code Authority is hereby established consisting of 
five (5) meml^ers chosen by the industry through a fair method of 
selection approved by the Administrator. In addition to such in- 
dustry membership, there may be three members, without vote, to be 
known as Administration members, to be appointed by the Adminis- 
trator to serve for such terms as he may specify. 

Section 2. Hegions and Regional Sub-Code Authorities may l)e 
established from time to time by the Code Authority with the ap- 
proval of the Administrator. 



32 

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 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. 

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 Avith 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 or Eegional Sub-Code Authorities 
partners for any purpose. Nor shall any member of the Code Au- 
thority or Regional Sub-Code Authorities be liable in any manner 
to anyone for any act of any other member, officer, agent or emploj'ee 
of the Code Authority or Regional Sub-Code Authority. Nor shall 
any member of the Code Authority or Regional Sub-Code Authoritj^, 
exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any act or omission to act under this 
Code, except for his own wilful malfeasance or non-feasance. 

Section 6. If the Administrator shall at any time determine that 
nny action of a Code Authority or any agency thereof may be unfair 
.or unjust or contrary to the public interest, the Administrator may 
I'equire 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. 

POWERS AND duties 

Section 7. 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 ]Drovisions of this Code and 
to provide for the compliance of the industry with the provisions 
of the Act. 

(h) 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 adm.inistration of the Code. In 
addition to information required to be submitted to the Code Au- 
thority members of the industry shall furnish such statistical infor- 
mation as the Administrator may deem necessary for the purposes 
recited in Section 3 (a) of the Act to such Federal and State agencies 



33 

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 hidividual report shall ba 
disclosed by the Code Authority to any other member of the Indus- 
try or any other i^arty 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 heroin shall relieve the Code Authority 
of its duties or responsibilities under this Code and that such trade 
associations and agencies shall at all tiu.ies be subject to and comply 
with the provisions hereof. 

(e) To make recommendations to tlie 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 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 
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 con- 
tribution to the expenses of the maintenance of the Code Autiiority, 
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, shall be 
entitled to participate in the selection of membeis 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 Hecovery 
Administration. 

3. 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 con- 
tained in the approved budget, except upon approval of the Ad- 
ministrator; 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. 



34 

(g) To recommend to the Administrator any action or measures 
deemed advisable, includinf? 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 stabili- 
zation of employment; and including modifications of this Code 
whicli shall become effective as ]5art hereof upon approval by the 
Administrator after such notice and hearing as he may specify. 

(h) To ap]joint 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 maj^ be proposed to the Administrator as 
amendments to this code and such other codes. 

Article VII — Filing of Schediji.es or Tariffs 

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 agent desifrnated by the Administrator, identified 
tariffs or schedules of all of his rates and all other terms or charges, 
hereinafter in this article referred to as " rates ", which tariffs or 
schedules shall completely and accurately conform to and represent 
the individual rates and charges of said member. Said rates shall 
in the first instance be filed Avithin thirty (30) days after the date of 
approval of this Code. Rates and revisions thereof shall become 
effective immediately upon receipt thereof by said agent. Immedi- 
ately upon receipt thereof, said agent shall by telegraph or other 
equally prompt means notify said member of the time of such receipt. 
Such tariff's or schedules and revisions thereof 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 tariffs or schedules 
and revisions thereof or any part thereof shall not be made available 
to any person until released to members of the industry and their 
customers, as aforesaid; jirovided, that rates filed in the first instance 
shall not be released until the expiration of the aforesaid thirty-day 
period after the approval of this Code. The Code Authority shall 
maintain a permanent file of all rates filed as herein provided, and 
shall not destroy any part of such records except upon written con- 
sent of the Administrator. Upon request the Code Authority shall 
furnish to the Administrator or any duly designated agent of the 
Administrator copies of any such tariffs or schedules or revisions 
of rates. 

(a) All such tariffs or schedules published by each member of the 
Industry shall plainly shoAv the rates and charges for each of the 
following separate and distinct warehousing services, and any mem- 
ber of the Industry who shall fail to publish and charge a se]3arate 
rate or charge for each of these services shall be deemed guilty of 
an unfair trade practice and in violation of this Code. 



35 

Handling Repacking 

Storing Service outside of usual business 

Insuring hours 

Recoopering Making collections or loans on 

Weighing request of customers 

Extra Sorting Extra labor or service and spe- 

Bonded Warehouse Service cial clerical work. 

(b) All tariffs or schedules of rates shall definitely state whether 
the rates quoted are applicable to carload or less-than-carload quan- 
tities. There shall be no discounts for quantity in excess of the 
customarily accepted carload unit quantity. 

Section 2. "When any member of the industry has filed a revised 
tariff or schedule, sucli member shall not file a higher rate within 
forty-eight (48) hours. 

Section 3. No member of the industry shall offer to perform any 
services of the industry, at rates or charges other than those set forth 
in his published tariff' or schedule of rates. 

Section 4. No member of the Industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 
rates, nor cause or attempt to cause any member of the industry to 
change his rates by the use of intimidation, coercion, 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 VIII — Capacity Contkol 

Based on conditions in this Industry and in this period of emer- 
gency and to effectuate the operatioji, provisions and policy of the 
National Industrial Recovery Act, the folloAving regulations are 
established : 

Section 1. No person engaged in this industry or for the purpose 
of engaging in this industry shall purchase, construct, lease or other- 
wise obtain or use storage capacity not owned, leased or otherwise 
held by such person prior to the effective date of this Code, except by 
applying to the Administrator through the Code Authority and ob- 
taining permission of the Administrator upon his finding that the 
granting of such permission is consistent v\"ith and tends to effectuate 
the policy of the National Industrial Recovery x\ct ; but nothing con- 
tained herein shall be construed to prevent the replacement by a 
member of this industr}^ of storage capacity of equal capacity exist- 
ing on the effective date of this Code or the transfer of storage ca- 
pacity from one member to another person provided same was in use 
prior to the effective date of this Code, and provided further that 
such transfer does not have the etiect of creating additional storage 
capacity within the Industiy. 

Section 2. The provisions of this Article shall cease to be effec- 
tive on the expiration of six months from the effective date of this 
Code, provided, however, that prior to that time the Code Authority 
may submit to the Administrator its recommendation that said 
period be extended based on such information as may be required 
and if the Administrator finds upon such informaticm and facts that 
a further extension of this period is consistent with and tends fur- 



36 

ther to effectuate the policj^ of the National Industrial Eecovery 
Act, he may declare the provisions of this Article to be operative for 
such lono:er period and under such conditions as he may find neces- 
sary further to effectuate the policy last herein mentioned. 

Article IX — Costs and Price Cutting 

Section 1. The standards of fair competition for the industry 
with reference to the charging of rates are declared to be as folloAvs: 

(a) Wilfiilly destructive rate cutting is an unfair method of com- 
petition and is forbidden. Any member of the industry or any 
other industry or the customers of either may at any time complain 
to the Code Authority that any filed rates constitute unfair compe- 
tition as destiTictive rate cutting, imperiling small enterprise or 
^^ending toward monopoly or the impairment of code wages and 
Trorki7?g conditions. The Code Authority shall within five (5) days 
afford an opportunity to the member filing such rate to answer such 
complaint and shall within fourteen (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 NRA Avhich shall render a report and 
recommendation thereon to the Administrator. 

(b) When no declared emergency exists as to destructive rate cut- 
ting there is to be no fixed minimum basis for rates. It is intended 
that sound cost estimating methods should be used and that consid- 
eration should be given to costs in the determination of rates. 

(c) When an emergency exists a^ to any destructive rate cutting- 
charges below the stated minimum rate of such service, in violation 
of Section 2 hereof, is forbidden. 

Section 2. Emergency Provmom. — (a) If the Administrator, 
after investigation shall at any time find both (1) tliat 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 rate for a specified 
service within the industry for a limited period is necessary to miti- 
gate the conditions constituting such emergency and to effectuate 
the purposes of the Act, the Code Autliority may cause an impartial 
agency to investigate costs and to recommend to the Administrator a 
determination of the stated minimum rate of the services affected by 
i\\Q emergency and thereupon the Administrator may proceed to 
determine such stated minimum rate. 

(b) When the Administrator shall have detennined such stated 
minimum rate for a specified .service for a stated period, which rate 
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 rate. Thereafter, during such 
stated period, no member of the industry shall charge for such 
specified services at a net realized rate below said stated minimum 
rate and any such charge shall be deemed destructive rate cutting. 
From time to time, the Code Authority may recommend review or 
reconsideration, or the Administrator may cause any determinations 
hereunder to be reviewed or reconsidered and appropriate action 
taken. 



37 

Section 3. 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 phall 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 in- 
dustry 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 industr}'^ to 
suggest uniform addition^, percentages or diiferentials or other uni- 
form items of cost which are designed to bring about arbitrary uni- 
formity of costs or rates. 

Article X — Tkade Practice E,ules 

Sectiox 1. No member of the industry shall directly offer or make 
any payment or allowance or 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 offer or extend to 
any customer any special service or privilege not extended to all 
customers of the same class. 

Section 2. No member of the industry shall Icnowingly withhold 
from or insert in any quotation or invoice any statement that makes 
it inaccurate in any material particular. 

Section 3. No member of the industr}^ shall publish advertising, 
whether printed, radio, display, or of any other nature, which is mis- 
leading or inaccurate in any material particular; nor shall any mem- 
ber in any way misrepresent any credit terms, values, policies, serv- 
ices, or the nature or volume of the business conducted. 

Section 4. No member of the industry shall give, permit to be 
given, or offer to give, anything of value for the purpose of influenc- 
ing or rewarding the action of any employee, agent, or representative 
of another in relation to the business of tiie employer of such 
employee, the principal of such agent or the represented party, with- 
out the knowledge of such employer, principal or party. This provi- 
sion shall not be construed to prohibit free and general distribution 
of articles commonly used for advertising exc^ept so far as such 
articles are actually used for commercial briber}^ as hereinabove 
defined. 

Section 5. No member of tlie industry shall fail to bill and make 
payable monthly, the monthly storage charges, interest, insurance 
and all other charges for services, irrespective of whether the mer- 
chandise has been reuK^ved from the warehouse or remains in storage. 

Section G. No member of the industry shall describe the refrig- 
erated warehousing business, the method used, facilities furnished 
or services rendered, or quote rates or charges, or state terms or 
conditions, in a manner that is misrepresentative or that has a tend- 
ency or capacity to deceive customers or prospective customers as to 
the true character thereof in any particular. 

Section 7. No member of the industry shall offer or make confi- 
dential or secret rates, charges, terms or conditions, or offer or make 
in any manner or by any device whatever, more advantageous rates, 
charges, terms or conditions, to certain favored customers or pro- 
spective customers than in accordance with such member's filed tariff 
or schedule. 



38 

Section 8. No member of the industry shall defame competitors 
by falsely impiitin<>; to them dishonorable conduct, inability to per- 
form contracts, questionable credit standing, or by other false repre- 
sentations or by the false disparagement of the grade or quality of 
their service. 

Section 9. No member of the industry shall issue fraudulently, 
or aid in fraudulently issuing, a warehouse receipt for stored prod- 
ucts which contains any false statement or which omits any pertinent 
information or facts relating to the ownership and/or to the mer- 
chandise described. 

Section 10. No member of the Industry shall use any subterfuge 
to evade any provisions of this Code, such as (but without limita- 
tion) renting or offering to I'ent warehouse space under such terms or 
conditions as would defeat the purposes of this Code. 

Article XI^ — Modification 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provisions of subsection (b) of Section 10 of the Act, from time to 
time to cancel or modify any order, approval, license, rule or 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 bj^ 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 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 XII — 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 XIII — Supplemental Codes 

The Code Authority may at any time submit and accept on behalf 
of the Industry supplemental codes for any branch of this industry 
or any related industiy. 

Article XIV — 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 delaj'^ed, and when made such increases should, so far as 
possible, be limited to actual additional increases in the seller's 
costs. 

Article XV — Effective Date 

This Code shall become effective on the second Monday after its 
approval by the President. 

Approved Code No. 499. 

lleiiistry No. 1710-15. 

o 



Approved Code No. 500 
CODE OF FAIR COMPETITION 

FOR THE 

PROCESSED OR REFINED FISH OIL INDUSTRY 

As Approved on August 8, 1934 



ORDER 



Approving Code of Fair Competition for the Processed or 
Refined Fish Oil Industry 

An application having been duly made pursuant to and in fiiil 
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 Processed or Refined Fish Oil 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. 654:3-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 Avith 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, 
Admiimstrator for Industncd Recovery, 

Approval recommended : 
Armin W. Riley, 

Diiiisio7i Adimnistrator, 

Washington, D.C, 

August 8, 193Jf. 

79269° 1044-45 34 1 (39) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir : Thi.s is a report on the Code of Fair Competition for the 
Processed or Refined Fish Oil Industry, as revised after the Public 
Hearing held in Washington, D.C., on March 17, 1934, in accordance 
with the provisions of the National Industrial Recovery Act. 

I. DESCRIPTION OF THK INDUSTRY 

The industiy covers the refining of fish oil ])y various processes 
as outlined in the code, and the selling of the resultant product as 
refined or processed fish oil. The improvement in the technical refin- 
ing methods during recent years has permitted the use of refined fish 
oils in a wider range of products than wa^ formerly the case. A 
large, but unknown, quantity of crude fish oil is refined by operators 
who use the refined oils in their own further manufacture. Such 
operators are not covered by the code as they do not sell the refined 
oils as such. 

Most of the refined oils produced by this industry are used by 
manufacturers of paints and floor coverings. The manufacture of 
vitamin tested oils solely for therapeutic purpo.ses is not included 
in this industry, but when such oils are sold in competition with 
ordinary refined or processed fish oils, the code provisions shall be 
applicable thereto. For paint and floor covering uses, the refined 
fish oils are in direct competition with linseed, perilla, and other 
vegetable drying oils, most of which are of foreign orig'in. 

The refineries are generally fairly large and are located either 
near the sources of .supply or near the points where their products 
are used. Tliere are a number of business organizations which are 
brought in part under the provisions of this code due to the fact 
that they do some refining or processing of fish oil at the same time 
they carry on other operations. In order to maintain fair competi- 
tive conditions, it is believed that both the refiners who refine as their 
principal business and those who refine incidentally to other opera- 
tions should work under the same conditions. 

There are about ten distinct business entities in the industry, oper- 
ating some tv/enty plants. The value of the refined or processed oil 
produced annually is approximately five million dollars, which 
roughly equals the invested capital. The employees in the industry 
number between 600 and TOO according to reliable estimates. 

II. LAPAIR PROVISIONS 

The code provisions will result in a considerable reduction in work- 
ing hours and should increase employment by some 20 or 25 percent. 
Wages in the industry have been high and tliere v»all be but little 

(40) 



41 

increase in the individual pay as a result of the code provisions. 
The wages proposed are up to or above those generally provided in 
codes. 

III. UNFAIR METHODS OF COMPETITION 

The code contains the usual unfair trade practices, including the 
new provisions relative to open prices. In addition, the code pro- 
vides for the elimination of future contracts containing a guarantee 
against price declines, and also makes a provision for the establish- 
ment of grades and standards. 

IV. ADMINISTRATION 

The code attempts to j^rovide for the protection of the large, 
medium and small size operators by establishing a code authority 
of four members made up in a designated manner to represent each 
of these groups, with a fifth member from outside the industry, to 
be elected by the four others. Reports of annual production are 
required from all members, and these are to be used in classifying 
members as large, medium and small size. Assessments for the 
expenses of code administration are based on the annual production 
of each member. 

V. 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 provide 
for the general welfare by promoting the organization of industry 
for the purpose of cooperative action among the trade groups, by 
inducing and maintaining united action of labor and management 
under adequate governmental sanctions and supervision, by 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 
requred), by increasing the consumption of industrial, fishery, and 
agricultural products through increasing purchasing power, by 
reducing and relieving unemployment, by improving standards of 
lalwr and by otherwise rehabilitating industry. 

(b) Said industry normally employs not more than 50.000 em- 
ploj-ees; and is not classified by me as a major industry. 

(c) The code as approved complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limita- 
tion. Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant asso- 
ciation is an industrial association truly representative of the afore- 
said industry; and that said association imposes no inequitable 
restrictions on admission to membershi]) tlierein. 



42 

(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 iDeen deprived of the right to be heard prior to approval of 
said code. 

For these reasons, therefore, I have approved this code. 
Eespectfully, 

Hugh S. Johnson, 

Adininistrator, 
August 8, 1934. 



CODE OF FAIR COMPETITION FOE THE PROCESSED OR 
REFINED FISH OIL INDUSTRY 

Article I — Purpose 

Section 1. To effectuate the policies of Title I of the National 
Industrial Recovery Act, the following provisions are established 
as a code of fair competition for the processed or refined fish oil 
industry, and shall be the standards of fair competition for such 
industry, and shall be binding upon every member thereof. 

Article II — Definitions 

Section 1, As used in this code : 

(a) The term "President" means the President of the United 
States. 

(b) The term "Act" and the term "Administrator" mean re- 
spectively Title I of the National Industrial Recovery Act, and the 
Administrator for Industrial Recovery. 

(c) The term "processed or refined fish oil industry" or "indus- 
try " means the business of processing or refining fish oil (either 
directly or through the emplojnnent of an independent contractor, 
an agent, or through any other instrumentality) for sale or delivery 
as processed or refined fish oil; and such related branches or subdi- 
visions as may from time to time be included under the provisions of 
this code. 

(1) The term "processing" means the blowing of air through or 
into fish oil to oxidize or polymerize it; treating such oil with heat 
or organic or inorganic chemicals; deodorizing such oil with steam, 
air, or chemicals; bleaching such oil with inert earths or chemicals; 
and/or destearinizing such oil by removing to any degree therefrom 
the fats contained therein which have a high melting point. 

(2) The term " refining " means the treatment of fish oils by alka- 
line substances or acids (organic or inorganic) or by inert earths. 

(d) The term " member of the industry " includes any individual, 
partnershij), association, corporation, or other form of enterprise en- 
gaged in the industry, either as an employer or on his or its own 
behalf. 

(e) The term "employee" means any individual engaged in the 
industry in any capacity, however compensated, except a member of 
the industry. 

(f ) The term " employer " means any member of the industry by 
whom any such employee is compensated or employed. 

(g) The term " State " includes the several states, the District of 
Columbia, the several Territories of the United States, and the in- 
sular possessions or other places under the jurisdiction of the United 
States. 

(43) 



44 

(h) The term '• subsidiary " means any member of the industry of 
or over whom a member of the industry has, either directly or in- 
directly, actual or leijal control, whether by stock ownership or in 
any other manner. 

(i) The term "affiliate" means any member of the industry who 
ha,s, either directly or indirectly, actual or lei^al control of or over 
a member of the industry, whether by stock ownership or in any 
other manner. 

(j) The term "outside salesman" means any salesman who per- 
forms exclusively sellina' functions outside the establishment of a 
member of tiie industry, and does not deliver. 

(k) The term " watchman " means an employee whose principal 
function is watching or ouardino- t]ie premises or property of his 
employer, 

(1) The term "Code Authority" means the processed or refined 
fish oil industry control authority created under Article VII hereof. 

(m) The term "price terms" means prices, discounts, rebates, 
allowances, and all otlier terms or conditions of sale. 

Ar.TICLE III HOTTIW OF La150K 

Sfxtion 1. No employee shall be permitted to work in excess of 
the normal hours stated below for the particular occupation.s speci- 
fied, except as provided in Section 6 of this Article. 

Section 2. The normal hours for chauffeurs, deliverymen, engi- 
neers, an.d firemen shall be forty-eight (48) hours per week. 

Section 3. The normal hours for employees engaged in the dual 
capacity of fireman or engineer and watchman shall be forty-eight 
(48) hours per week, and eight (8) hours per day; provided, that 
such employees are paid not less than $30.00 per week. 

Tlie normal hours for employees engaged solely as watchmen shall 
be fifty-six (56) hours per week, eight (8) hours per day, and seven 
(7) days per week. 

Section 4. The normal hours for clerical, accounting and other 
office employees shall be forty (40) hours per week and eight (8) 
hours per day. 

Section 5. The normal hours for all other employees shall be 
thirty-six (36) hours per week and eight (8) hours per day. 

Section 6. In cases of peak productions, inventory periods, 
financial closing periods, and unusual conditions beyond the control 
of the employer, employees may work in excess of the normal num- 
ber of working hours per day or per week provided in this code 
for the class of work performed by such employees. Such overtime 
shall not exceed six (6) hours in any week or eight (8) weeks in 
any year, except in cases of emergency repair work involving break- 
downs or ]3rotection of life and property, and shall be compensated 
by at least time and one-third the normal rate. Office employees 
receiving thirty -five dollars ($35.00) per. week or over are not en- 
titled to overtime payment. This Section shall not apply to em- 
]3lo3'ees engaged solely as watchmen, except in cases of emergency 
repair work involving break-downs or protection of life and 
property. 



45 

Sectiox 7. No employer shall knowingly permit any employee to 
■work for any time which when totaled with that already performed 
with another employer or emploj'ers in this industry (or otherwise) 
exceeds the maximnm permitted herein. 

Section 8. No employee, except watchmen, shall be permitted to 
work in excess of six (6) days in any seven (7). 

Section 9, The provisions of this Article shall not apply to persons 
employed as managers, executives, chemists or supervisors who earn 
thirty-five dollars ($35.00) per week or more, or to outside salesmen. 

Article IV — Wages 

Section 1. No clerical, accounting, or other office employee shall be 
paid at a rate less than sixteen dollars ($16.00) per week, except that 
office boys and messengers may be employed at a rate not less than 
fourteen dollars ($14.00) per week. Office boys and messengers shall 
not exceed five per cent (5%) of all office employees, but at least one 
office boy or messenger may be emploj'ed in each office. 

Section 2. No watchman shall be paid at a rate less than eighteen 
dollars ($18.00) per week. 

Section 3. No other employee shall be paid at a rate less than 
forty -five cents (450) per hour. 

Section 4. This Article establishes a minimum rate of pay, regard- 
less of whether an employee is compensated on a time-rate, piece- 
work, or other basis. 

Section 5. Female employees performing substantially the same 
work as male employees shall receive the same rates of pay as male 
employees. 

AR'ncLE V — General Labor PR0^^SI0NS 

Section 1. Employees shall have the right to organize and bargain 
collectively through representatives of their own choosing, and shall 
be free from the interference, restraint, or coercion of employers of 
labor, or their agents, in the designation of such representatives or 
in self-organization or in other concerted activities for the purpose 
of collective bargaining or other mutual aid or protection. 

Section 2. No employee and no one seeking employment shall be 
required as a condition of employment to join any company union 
or to refrain from joining, organizing, or assisting a labor organi- 
zation of his own choosing. 

Section 3. Employers shall comply with the maximum hours of 
labor, minimum rates of pay, and other conditions of employment, 
approved or prescribed by the President. 

Section 4. No individual under sixteen (16) years of age shall be 
employed in the industry, nor anyone under twenty-one (21) years 
of age at operations or occupations hazardous in nature or detri- 
mental to health. The Code Authority shall report a list of such 
operations or occupations to the Administrator within thirty (30) 
days after the effective date of this code. 

Section 5. Within each State this code shall not supersede any 
Federal laws or the laws of such State imposing more stringent 
requirements on employers as to the age of employees, wages, hours 

79269° 1044^5 34 2 



46 

of work, or health and general working conditions, or as to insurance 
and fire protection than are imposed under this code. 

Section 6. Employers shall not change the method of payment 
of employees' compensation or reclassify employees or duties so as 
to defeat the purposes of the Act or the provisions of tliis code. 

Section 7. Whenever the adoption of the minimum rates of pay 
of this code results in lessening the differential between unskilled 
labor and skilled occupations, equitable readjustments in the wages 
above the minimum shall be made, and in no case shall weekly wages 
be reduced as a result of the adoption of this code. The Code 
Authority shall make to the Administrator a report of all readjust- 
ments made pursuant to this Section. 

Section 8. Each employer shall post in conspicuous places full 
copies of this code or of Articles III to V inclusive of this code, in 
English or such other language as may be required, together with 
the name and address of the Chairman of the Code Authority to 
whom reports of alleged violations of the provisions of the code 
may be addressed. 

Section 9. Wages shall be exempt from fines; and from charges 
and deductions, except charges and deductions for employees' vol- 
untary contributions to insurance, pension or benefit funds, and 
except as required by State legislation enacted for the benefit of 
employees. Deductions for other purposes may be made only when 
an agreement covering the same is reduced to writing and kept on 
file by the emploj^er for a period of six months open to the inspec- 
tion of the Administrator. Wages shall be paid at least twice a 
month, in cash, or negotiable check payable on demand. 

Section 10. 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 Authorit}^ to the Administrator within three (3) months 
after the effective date of this code. Nothing in this section shall 
be construed so as to add to the civil liability of the employer to 
the employee. 

Article VI — Unfair Methods or Competition 

Section 1. The following practices constitute unfair methods of 
competition and it shall be a violation of this code for any member 
of the industry : 

(a) False Measures. — To use slack weights or slack measures, or 
overweights or overmeasures, or to fail to observe any standard of 
weight or of measure adopted by the Code Authority, with the 
approval of the Administrator, as a standard of weight or measure, 

(b) False Advertising. — To publish or disseminate in any manner 
any false advertising of any product of the industry, 

(c) Misbranding. — To brand or mark or pack any product of the 
industry in any maimer which is intended to or does deceive pur- 
chasers with respect to the brand, grade, quality, quantity, origin. 
size, substance, character, nature, material content, or preparation oi 
such product. 

(d) Seci'et Rehafes. — To secretly pay or allow rebates, refunds, 
credits, or unearned discounts, whether in the form of money or 



47 

otherwise; or to secretly extend to certain purchasers special services 
or privileges, not extended to all purchasers under like terms and 
conditions. 

(e) Unectomed Service Payments. — To pay a trade buyer for a 
special advertising or other distribution service by such buyer (1) 
except in pursuance of a written contract made in good faith and 
explicitly defining the service to be rendered and the payment for it ; 
and (2) unless such service is rendered and such payment is reason- 
able and not excessive in amount; and (3) unless such contract is 
separate and distinct from any sales contract, and such payment is 
separate and distinct from any sales price and is not designed or 
used to reduce a sales jorice; and (4) unless such payment is equally 
available for the same service to all competitive trade buyers in the 
same competitive market; and (5) unless a copy of each such con- 
tract is retained on file for a period of one year. In order to investi- 
gate alleged violations of this paragraph, the Administrator may 
require a member of the industry to report such contracts made by 
him and/or to produce a copy thereof for inspection. 

(f) Combination Sales. — To require that the purchase of any 
product be prerequisite to the purchase of any other product. 

(g) Conwieroial Bribery, — To give, permit to be given, or directly 
offer to give, anything of value for the purpose of influencing or 
rewarding the action of any employee, agent, or representative of 
another in relation to the business of the employer of such employee, 
the principal of such agent or the represented party, without the 
knowledge of such employer, principal or party. This paragraph 
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. 

(h) Free Deals. — To grant free deals, whether in the form of 
money, money's worth, or service. 

(i) False Statements. — To render false invoices, statements of 
account, orders, or acknowledgements; or to falsely report sales, 
whether or not the accounting concerning such sales is accurate. 

(j) Allowances for Claims. — To allow any claim or make an 
adjustment of an invoice price without obtaining a statement from 
the buyer certifying to the facts on which the claim is made and 
without reporting forthwith to the Code Authority a full statement 
of the details of the settlement. 

(k) Guarantees against Price Declines. — To make a contract for 
future delivery of products of the industry except on one of the 
two following bases : 

(1) On the filed price on the date of quotation or acceptance of 
the contract; or 

(2) On the filed price in effect on the date of shipment. 

(1) Storage Charges. — To carry oil without having received pay- 
ment therefor beyond the contract period without invoicing the 
buyer at the rate of six percent (6%) per amium (for the excess 
period of carriage) on the invoice price as compensation for storage 
and delay in payment. 

(m) Anniuil Sales Statement. — To fail to furnish a statement of 
the total annual sales to the accountants selected by the Code Au- 



48 

thority as provided for in Article VII, Title A, Section 3, paragraph 
(a), hereof. 

(n) Payment of Assessments. — To fail to j^ay the assessments for 
code administration as provided for in Article VII, Title C, hereof. 

(0) D'hsparagement of C&mpctitors. — To disparage competitors 
by falsely imputing to them dishonorable business conduct, inability 
to perform contracts, questionable credit standing; or to falsely 
represent the grade or quality of their products. 

(p) Compliance ivith Standards and Spcci-ficatiO'ns. — To fail to 
apply the standards and specifications which may be established by 
the Code Authority pursuant to the provisions in Article VII, Title 
B, Section 1, paragraph (k), hereof. 

(q) Filing P7nces. — To fail to file with a confidential and dis- 
interested agent of the Code Authority, or if none, then with such 
an agent designated by the Administrator, identified lists of all of 
his price terms, which lists shall completely and accurately conform 
to and represent the individual pricing practices of the member 
filing same. Said price terms shall m the first instance be filed 
within fifteen days after tlie approval of this code. Price terms 
and revised price terms shall become effective immediately upon 
receipt thereof by said agent. 

(r) Increased Prices. — To file a higher price within forty-eight 
(48) hours after having filed a revision in price term.s. 

(s) Adherence to Filed Prices. — To sell or offer to sell any prod- 
ucts of the industry except in accordance with such price terms 
as filed in accordance with the provisions of Article VI, Section 1, 
paragraph (q), hereof. 

(t) Agreement on Prices. — To enter into any agreement, under- 
standing, combination or conspiracy to fix or maintain price terms, 
or cause or attempt to cause any member of the industry to change 
his price terms b}^ the use of intimidation, coercion, or any other 
influence inconsistent with the maintenance of the free and open 
market which it is the purpose of this Article to create. 

(u) Destrtoctive Price Cidting. — To engage wilfully in destruc- 
tive price cutting. Any member of the industry or of any other 
industry or the customers of either may at any time complain 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, 

(v) Emergency Basis for Prices. — To sell below the stated mini- 
mum price for any given product when an emergency exists as to 
any such product in accordance with the following provisions: 

(1) If the Administrator, after investigation shall at any time 
find both (a) 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 purpose of the Act; and (b) that the determination of 
the stated minimum price for a specified product within the indus- 
try for a limited period is necessary to mitigate the conditions con- 
stituing such emergency and to etfectuate 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 



49 

stated minimum price of the product affected by the emergency 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 purposes of the Act, he shall publish 
such price. Thereafter, during such stated period, no member of 
the industry shall sell such specified products dt a net realized price 
belov/ said stated minimum price and any such sale shall be deemed 
destructive price cutting; and provided that 

(3) 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. 

(w) Cos/' Fiiidiru/. — To fail to utilize, to the extent found prac- 
ticable, the cost finding and accounting methods promulgated pur- 
suant to Article VII, Title B, Section 1, paragrapii (r), hereof. 
No member of the industry shall suggest uniform additions, per- 
centages or differentials or other uniform items of cost which are 
designed to bring about arbitrary uniformity of costs or prices. 

Article VII — Adjministiiation 

TITLE A. CODE AUTHORITY, SELECTION 

Section 1. A Code Authority consisting of five (5) voting mem- 
bers who are to be elected by the industry shall be established to 
administer this code, and to effectuate in the industry the purposes 
and policies of the Act. The Administrator may appoint from one 
to three nonvoting members of the Code Authority as his representa- 
tives, for such periods respectively as he shall designate, to attend 
ail meetings of the Code Authority without expense to the industry. 
The Code Authority shall be elected immediately upon the approval 
of this code at a meeting which may be attended by all members of 
the industry, of which meeting due notice shall be given, and at 
which each member of the industry shall be entitled to one vote 
which may be cast in person, by proxy duly appointed, or by mail. 

Section 2. The members of the Code Authority so chosen shall 
continue in ofRce until their successors are duly elected and qualified. 

Section 3. For the purposes of this Title, members of the industry 
shall be classified into three groups in the following manner : 

(a) Each member of the industry shall within sixty (60) days 
after the effective date of this code and during the first ninety (90) 
days of each year thereafter, beginning with January 1, 1935, report 
to such accountants (certified, chartered, or other lawful practitioners 
of accountancy) as may be selected by the Code Authority the num- 
ber of tons of processed or refined fish oil sold by him in the preced- 
ing year. Such reports shall be held by said accountants in strict 
confidence except as to the Administrator. On the receipt of such 
reports, or immediately upon the expiration of the stated period, 
said accountants shall determine from the reports received the aver- 



50 

age number of tons per member of such products sold during the 
preceding year and shall then determine the members who are to be 
classified in Group A, being such membei-s who have, as shown by 
their respectiA'e reports, sold during the preceding year one hundred 
fifty percent (150%) or more of such average number of tons; said 
accountants shall also determine the Group B members, being those 
who have, according to their respective reports, sold during the pre- 
ceding year more than scA'enty-five percent (T5%) but less than one 
hundred fifty percent (150%) of such average number of tons; and 
said accountants shall aho determine the Group C members, being 
those who have, as shown by their respective i-eports, sold during 
the preceding year seventy-five percent (75%) or less of such average 
number of tons. The determination of such groups by said account- 
ants shall be final and conclusive and no person shall have any right 
to investigate or check such determination except the Admmistra- 
tor, who may do so either on his own initiative or on the com- 
plaint of any member of the industry claiming to be injured thereby. 

Section 4. Yv^ien and as said classifications have been made by said 
accountants, they shall report to the members of the industry the 
personnel of the several groups. Within thirty (30) days after the 
making of each such report, a meeting of the members of the indus- 
try shall be held and notice thereof shall be given by the Code 
Authority specifying the time and place of each meeting. At such 
meeting Group A membei's shall as a class, be entitled, to elect two 
of the five (5) voting members of the Code Authority; Group B 
shall be entitled, as a class, to elect one (1) of the voting members 
of the Code Authorit}^; and Group C members sliall be entitled, as 
a class, to elect the remaining voting member of the Code Authority. 
The four members of the Code Authority so chosen shall select the 
fifth voting member, who shall not be a member of the industry or 
an employee, partner, or officer thereof. A voting member of the 
Code Authority may, but need not, be associated with a member of 
the industr3^ but no two (2) members of the Code Authority shall 
be directly associated with the same member of the industry or any 
of his subsidiaries or affiliates. 

Section 5. If any vacancy shall occur in the membership of the 
Code Authority by reason of rejection or disapproval of any member 
by the Administrator, or by resignation or death, or for any other 
reason, the remaining members of the Code Authorit3^ except those 
appointed by tlie Administrator, may, by a majority vote of their 
number, appoint a member to the Code Authority for the unexpired 
term, subject however to the approval of such appointment by the 
Administrator. In filling such vacancies, the representation of the 
respective groups; viz, A. B, and C, provided for in Section 4 of this 
Article shall be maintained. 

Section G. The vote in person, by proxy, or by mail of a majority 
of the members of the industry classified in any of said groups shall 
be necessary for the election of the members of the Code Authority 
to be chosen by that group. 

Section 7. If the business of any two or more members of the in- 
dustry is so combined, whether because of relationship as subsidiary, 
affiliate or otherwise, as to constitute, in the opinioji of the Code 
Authority, one unified enterprise for practical purposes; then, such 



51 

members so combined shall have one vote at meetino:s of the mem- 
bers of the industry and shall, in classifyin(>; such members into 
Groups A, B, and 0, be treated as though constituting one member 
of the industry. 

Section 8. 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 associa- 
tion, by-laws, regulations, and all amendments thereto as made, to- 
gether with such other information as to membership, organization, 
and activities as the Administrator may deem necessary to eil'ectuate 
the purposes of the x\ct. 

Section 9. In order that the Code Authority shall at ail 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 tliereafter if he shall find 
that the Code Authority is not truly repiesentative or does not in 
other respects compl}' with the provisions of the Act, may require 
an appropriate modification in the method of selection of the Code 
Authority. 

Section 10. 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, oiHcer, agent or 'employee 
of the Code Authority. Nor shall any mem.ber 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 ov>'n wilful malfeasance or non- 
feasance. 

title r,. CODE authokity, powers and duties 

Section 1. The Code Authority shall be charged with the admin- 
istration of the provisions of this code and shall have tiie following 
powers and duties in addition to those authorized by other provi- 
sions of this code, subject to such rules and regulations as may be 
prescribed by the Administrator : 

(a) To insure the observance of the provisions of this code, and 
the compliance of the industry with the provisions of the Act. Any 
charge of a specific alleged violation coming to the knowledge of a 
member of the industry shall be submitted to the Code Authority 
in a written statement, specifying such alleged violation and con- 
taining substantiating evidence thereof. If the member submitting 
such charge recjuests that his action in so doing be kept in confidence, 
the Code Authority shall make every effort to do so, provided that 
such action on its part shall not hinder or obstruct the ensuing 
investigation and the enforcement of this code against the member 
charged. 

(b) To investigate any charge aforesaid and any other specific 
charges or information relating to violations of the code which shall 
come to its knowledge from any source which it deems reliable. The 
Code Authority may investigate such matters by calling upon any 
member of the industry, including the one whose actions are under 



52 

investigation; and may secure from any member of the industry a 
statement with re^-pect to any alleged violation. 

(c) To receive complaints' from any member of the industry or of 
any other industry or the customers of either at any time that any 
filed price constitutes unfair competition as destructive price cutting, 
imperiling small enterprises or tending toward monopoly or the im- 
pairment of code wages and working conditions. 

(d) To adopt by-laws and rules and regulations for its procedure. 

(e) To obtain from members of the industry such information and 
reports as are required for the administration of this code. In addi- 
tion to information required to be submitted to the Code Authority, 
members of the industry shall furnish such statistical information as 
the Administrator may deem necessary for the purposes recited in 
Section 3 (a) of the Act to such Administrative and/or government 
agencies as the Administrator may designate: Provided h-owever, 
that nothing in this code shall relieve any member of the industry 
of any existing obligation to furnish reports to any government 
agency. No individual reports shall be disclosed to any other mem- 
ber of the industry or any other party, except to such government 
agencies as may be directed by the Administrator. 

(f ) To use s-uch other agencies as it deems proper for the cariying 
out of any of its activities provided for herein; but nothing herein 
shall relieve the Code Authority of its duties or responsibilities under 
this code; and such agencies shall at all times be subject to and com- 
ply with the provisions hereof. 

(g) 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. 

(hj To cooperate with the Administrator in regulating the use of 
any N.E.A. insignia solely by those members of the industry who are 
complying with this code. 

(i) To recommend to the Administrator such changes and modi- 
fications in this code as experience shall prove necessary and desirable. 

(j) To establish, subject to the approval of the Administrator, 
specifications and standards for the classification of various kinds of 
processed or refined fish oils into several grades. 

(k) To require that each member of the industr}'^, in selling or 
promoting the sale of such oil, processed or refined by him, shall 
classify the product in accordance with said specifications and stand- 
ards when and as the Code Authority shall so establish same; and 
shall comply with the requirements set forth in paragraph (1) of this 
Section and such other regulations as the Administrator may approve 
in this connection. 

(i) If any member of the industr}^ shall have established or shall 
desire to establish a special trade name for any particular type or 
grade of oil sold by him which has a peculiar quality or property, 
distinct in any wa}^ from any of the established grades, he may 
market such oil under said special trade name or as a separate or 
distinct grade, but, in so doing, shall not make any unfounded or 
misleading statements or claims concerning the properties, charac- 
teristics, or capabilities of such branded oil or special grade. Any 
member of the industry who now markets or hereafter proposes to 
market any such special type of oil shall i-eport the fact to the Code 



53 

Authority, tofjether with a statement of the peculiar properties 
claimed therefor, and if the Code Authority shall find that such 
special oil has no peculiar qualities or capabilities to distinguish it 
from one of the standard grades established by the Code Authority, 
such member shall not make any statements or claims to the contrary 
and shall in filing the schedules required of him under paragraph 
(q), Section 1 of Article VI, hereof, classify said oil in accordance 
witli the standard grade to which it belongs but may continue to sell 
the oil under the trade name or brand. 

(m) From and after the time that the Code Authority shall so 
establish specifications or standards for the classification of any kind 
of refined or processed oil in the various grades and shall announce 
such classification, each member of the industry proposing to sell any 
grade of such kind of oil shall include in the price terms at Avhich 
he proposes to sell any of the established grades, or any special grade, 
or any grade bearing a special trade name as above provided at least 
(1) theprice at which each grade will l)e offered in the various unit 
quantities, e.g., tank car, drum, ton, pound, carload lots, or less than 
carload lot; (2) whether or not such price includes any transporta- 
tion, handling, or similar charge to be paid by the seller; (3) any 
quantity or other discounts which will be permitted from any of the 
sales prices set forth in said schedule, and the amount or extent 
thereof; (4) the period or periods within which deliveries will be 
made at such prices; and (5) the terms of credit upon which the 
various grades of oil will be sold. Such report shall be made on such 
forms as the Code Authority may find necessar}^ in order that there 
may be a uniform and comparable system of reporting in the 
industry. 

(n) To designate a confidential and disinterested agent for the 
purpose of carrying out the provisions of Article VI, Section 1, para- 
graph (q), hereof. Said agent shall receive price terms filed by 
members of the industry in accordance with Article VI, Section 1, 
paragraph (q), hereof, and immediately upon receipt thereof, said 
agent shall by telegraph or other equally ])rompt means notify said 
member of the time of such receipt. Such lists and revisions, 
together with the effective time thereof, shall upon receipt be imme- 
diately and simultaneously distributed to all members of the industry 
and to all 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 avpiilable 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 aforesaid ; provided, that prices fi_led in the first instance 
shall not be released until the expiration of the fifteen (15) day 
period after the approval of this code provided for in Article VI, 
Section 1, paragraph (q), hereof. 

(o) 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 furnish to the Administrator 
or an}'^ duly designated agent of the Administrator, copies of any 
such lists or revisions of price terms. 



54 

(p) T^^pt>ri receipt of a complaint under Article YI, Section 1, 
parafrraph (u). hereof, the Code Authority shall within five days 
afford an opportunity- to the member of the indiistry filing; the price 
(alleged to constitute destructive price cuttin<r) to answer such com- 
plaint and shall within fourteen (14) 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 N.R.A. which shall render a report and 
reconunendation thereon to the Administrator. 

(q) To recommend from time to time the review or reconsidera- 
tion of any determinations effected under Article VI. Section 1, 
paragraph (v). subparagraph (2). hereof, or the Administrator maj' 
cause the same to be reviewed or reconsidered and appropriate action 
taken. 

(r) To cause to be formulated methods of cost finding and ac- 
counting capable of use by all members of the industry. AVhen such 
cost finding and accounting methods shall have been formulated 
same shall be submitted to the Administrator for review. If ap- 
jiroved by the Administrator, full information concerning such 
methods shall be made available to all members of the industry. 
Nothing herein contained shall be construed to permit the Code 
Authority to suggest uniform additions, percentages or differentials 
or other uniform items of cost which are designed to bring about 
arbitrary uniformity of costs or of prices, 

Sectiox 2. If the' Administrator shall at any time 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 investigation of the merits of such action and further considera- 
tion by the Code Authority or such agency pending final action 
Avliich shall not be effective unless the xVdministrator approves or 
unless he shall fail to disapprove after thirt}^ (30) days' notice to 
him of intention to proceed with such action in its original or 
modified form. 

TITLE C. EXPEXSES 

Section 1. The Code Authority shall, prior to the meeting of the 
members of the industry in each year, fix an estimate or budget of 
its probable financial needs for the administration of this code for 
the ensuing year, and shall submit the same to such meeting for 
approval. Unless the budget is revised by such meeting (and it 
shall have that power) the same as determined by the Ccxie Au- 
thority shall become effective immediately after its approval by the 
Administrator. When the budget has been so determined and ap- 
proved, the Code Authority shall empower the account^ants selected 
by the Code Authority imder the provisions of Title A, Section 3, 
paragraph (a) of this Article, to apportion the expenses therein set 
forth among the members of the industry, using for this purpose the 
ratio of the annual sales of each member of the industry to the total 
sales of the industry for the preceding year; and after the basis of 
contribution has been approved by the Administrator shall empower 
them to collect the same. Such apportionment and collection of 
expenses among the members of the industry shall be held by such 
accountants in strict confidence except as to the Administrator. 



55 

Such accountants may be subjected to adequate bond before assuming 
any function under tlie provisions of this Title. 

Section 2. If the Code Authority shall at any time deem that ex- 
traordinary expenses should be incurred by it in the performance of 
its function-s hereundei", it shall thereupon estimate the amount 
thereof and .submit the same to a meeting of the members of the in- 
dustry for approval, revision or rejection. The notice of tiny such, 
meeting shall specify the purpose thereof, and the nature and amount 
of the requested appropriation. If such meeting is so called and 
shall, either for a lack of quorum or otherwise, fail to revise or re- 
ject the request of the Code Authority, the acticm of the Code Au- 
thority shall then l)e final and conclusive as to memljers of the 
industry. Such proposed extraordinary budget shall be subject to 
the approval of the Administrator in any event. Assessments on the 
members of the industry shall then be apportioned by said account- 
ants on the same basis as specified in Section 1 of this Title, and, 
after the basis of contribution has been approved by the Adminis- 
trator, collected in like manner. 

Section 3. Any funds remaining on hand, upon tlie termination 
of this code or at the discretion of the Code Authority, shall, after 
the liabilities of the Code Authority have been paid, be prorate»d 
and returned to the members of the industry by said accountants 
in accordance with such recognized principles of accountancy as will 
allow due consideration to their respective contributions to such 
balance. 

Article VIII — INIoxopolies 

Section 1. Xo 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 IX — Modification 

Section 1. It is contemplated that from time to time amendments 
will be submitted for the api^roval of the President to effectuate the 
policies of the Act and to prevent unfair competition. After such 
notice and hearings as the Administrator shall specify, and with 
the approval of the President, the proposed amendments shall be- 
come parts of this code. 

Section 2. This code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provisions of Section 10, subsection (b) of the Act, from time to time 
to cancel or modify any order, approval, license, rule, or regula- 
tion issued under the Act; and specifically, but without limitation, 
to the right of the President to cancel or modify his approval of this 
code or any conditions iniposed by him upon his approval thereof. 

Article X — Effective Date 

Section 1. This code shall become effective on the second Monday 
following its approval by the President. 

Approved Code No. 500. 
Registi-y No. G12-01. 

o 



Approved Code No. 501 
CODE OF FAIR COMPETITION 

FOR THE 

MANUFACTURING AND WHOLESALE SURGICAL 

INDUSTRY 

As Approved on August 9, 1934 



ORDER 



Code of Fair Competition for the Mantjfacturing and Wholesale 

Surgical 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 Manufacturing and Wholesale Surgical 
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 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, and provided 
further that Section 3 of Article VIII be, and the same is, hereby 
deleted. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Geo. L. Berry, 

Division Administrator. 

Washington, D.C, 

August 9, 193J,.. 

79563° 1044-51 34 (57) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir : This is a report on the Code of Fair Competition for the 
Manufacturing and Wholesale Surgical Industry, the hearing hav- 
ing been conducted in Washington on the 27th day of November, 
1933, in accordance with the provisions of Title I of the National 
Industrial Recovery Act. 

INDUSTRY BACKGROUND 

The Manufacturing and "Wholesale Surgical Industry had a re- 
duction in employment between June, 1929 and October, 1933 of 
about twenty-one (21%) percent. Employment increased about 
sixteen (16%) percent between June, 1933 and October, 1933, while 
the average hours worked per week decreased about ten (10%) 
percent in that same period. Average hours worked per week in 
October, 1933 were 36.3. The minimum wage rates in this Industry 
were somewhat higher in October, 1933 than in June, 1929. The 
minimum rates as provided in this Code will provide weekly earnings 
higher than the lowest wage rate in 1929. 

The Office of the Surgeon General of the War Department has 
advised me that this Industry should receive sympathetic consider- 
ation, for the reason that this Industry is an important factor in 
their National Defense plans. 

HOURS AND WAGES 

The Code provides a standard work week of forty (40) hours, 
exceptions being made as follows : 

Skilled mechanical artisans are permitted to work more than 
forty (40) hours in any one week, provided that in cases where 
no such additional labor is available they shall be allowed to work 
forty-four (44) hours in any one week or nine (9) hours in any 
one day ; provided, however, that one and one-half times the normal 
rate or pay shall be paid each employee for all time worked in 
excess of the standard week. Emergency maintenance and emer- 
gency repair work employees may work in excess of the standard 
week providing they are paid time and one-half for their work in 
excess of forty (40) hours per week. Surgical appliance fitters 
may be permitted to work in excess of forty (40) hours in any one 
week provided that each employee is paid one and one-half times 
his normal rate of pay for work in excess of the standard week. 
Managerial, executive and supervisory employees who are paid more 
than Thirty-five ($35.00) Dollars per week are exempted from the 
maximum hour provisions. In the event of emergencies due to 
epidemics or catastrophes wherein the public health is threatened 

(58) 



\ 



59 

the provisions regarding maximum hours of employment shall be 
temporarily suspended during such emergency. 

The Code provides for a minimum wage rate of 37i/^0 per hour 
for males and 321/20 per hour for females with the following ex- 
ceptions being made : 

Office boys or messengers between the ages of 16 and 18 may be 
paid not less than $12.80 per week. This type of employee, how- 
ever, being restricted to 5% of the total number of employees in 
any one establishment. A person whose earning capacity is limited 
because of physical or mental handicap may be employed on light 
work at a wage below the minimum established by tlie Code. 

ECONOMIC EFFECT OF THE CODE 

In the Manufacturing and Wholesale Surgical Industry there 
is practically no unemployment and consequently the shorter hour 
provisions as established by this Code will not, in the final analysis, 
increase employment to any great extent. It is estimated, however, 
that with the standard forty (40) hour week there will be a slight 
increase in wage-earner employment. The Code establishes a mini- 
mum rate which is in excess of the average rate paid in June, 1929 
and, from this point of view, will tend to effectuate the purposes 
of Title I of the National Industrial Recovery Act. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 
having found as herein set forth and on the basis of all the 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, includ- 
ing removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of in- 
dustry for the purpose of cooperative action among the trade groups, 
by inducing and maintaining united action of labor and manage- 
ment under adequate governmental sanctions and supervision, by 
eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial 
and agricultural products through increasing purchasing power, by 
reducing 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 per- 
tinent provisions of said Title of said Act, includmg without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (c) 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 
restrictions on admission to membership therein. 



60 

(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. 

Members of this Industry have cooperated in a most satisfactory 
manner with the Administrator in the preparation of this Code. 

From evidence adduced during this hearing and from recom- 
mendations and reports of the various Advisory Boards it is be- 
lieved that this Code as now proposed and revised represents an 
effective, practical, equitable solution for this Industry and for 
these reasons this Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 
August 9, 1934. 



CODE OF FAIR COMPETITION FOR THE MANTIFACTUR- 
ING AND WHOLESALE SURGICAL INDUSTRY 

Article I — Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, this Code is established as a Code of Fair Competi- 
tion for the Manufacturing and Wholesale Surgical 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 " the Manufacturing and Wholesale Surgical 
Industry " or " the Industry " as used herein shall mean the manu- 
facture and/or wholesale distribution and/or the importation of 
articles or commodities used in, or in connection with, or in aid of, 
the practice of medicine and as particularly applied to surgery, 
such as surgical and diagnostic instruments, appliances and appara- 
tus for medical and surgical treatment, including sutures and liga- 
tures, and including electro-surgical instruments and trusses and like 
appliances, used, prescribed or recommended by physicians, hos- 
pitals and nurses; except such instruments, appliances and appara- 
tus, the manufacture and wholesale distribution of which are gov- 
erned by another Code or Codes. 

Section 2. The term " Member of the Industry " or " Member " 
as used herein shall mean any individual, partnership, association, 
corporation or other form of enterprise engaged in the Industry as 
defined above, either as an employer or on his or its 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 anyone 
by whom any such employee is compensated or employed. 

Section 5. 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. 

Article III — Hours 
maximum hours 

Section 1. No employee, except as herein otherwise specified, shall 
be permitted to work more than forty (40) hours in any one week 
or six (6) days in any one w^eek or eight (8) hours in any one day. 

exceptions as to hours 

Section 2. No skilled mechanical artisan shall be permitted to 
work more than forty (40) hours in any one week or six (6) days in 
any one week or eight (8) hours in any one day, provided however 

(01) 



62 

that in cases where no such additional labor is available as evidenced 
by reports from the U.S. Employment Service and a forty (40) hour 
week will unavoidably restrict production such employees may be 
permitted to work not more than forty-four (44) hours in any one 
;week nor more than nine (9) hours in any one day nor more than six 
(6) days in any one week, provided however that one and one-half 
times his normal rate of pay shall be paid each employee for all time 
worked in excess of forty (40) hours in any one week or six (6) days 
in any one week or eight (8) hours in any one day. 

Section 3. The provisions of this Article shall not apply to em- 
ployees engaged in emergency maintenance or emergency repair work, 
provided that each such employee is paid at the rate oi one and 
one-half times his normal rate of pay for all time worked in excess 
of forty (40) hours in any one week or six (6) days in any one week 
or eight (8) hours in any one day. 

Section 4. Surgical appliance fitters may be permitted to work in 
excess of forty (40) hours in any one week or six (6) days in any 
week or eight (8) hours in any one day provided each such employee 
is paid one and one-half times his normal rate of pay for all time 
worked in excess of hours specified in this Section. 

Section 5. The provisions of this Article shall not apply to per- 
sons employed in a managerial, executive or supervisory capacitj^ who 
are paid more than thirty-five ($35.00) dollars per week, nor to 
traveling salesmen. 

Section 6. In the event of emergencies due to epidemic or catas- 
trophies wherein the public health is threatened, the provisions re- 
garding maximum hours of employment shall be temporarily sus- 
pended during such emergency as to those employees whose work is 
affected thereby, but on condition that no employee shall be permitted 
to work more than fifty-four (54) hours in any one week during 
such emergency period ; in all such cases the members of the Industry 
affected thereby shall notify the Code Authority of the reason for 
the existency of the emergency, the hours worked by the Employees 
during the period of such emergency, and the termination thereof; 
and the Code Authority shall immediately report the same to the 
Administrator. In these emergencies each employee shall be paid 
one and one-half times his normal rate of pay for all time worked in 
excess of forty (40) hours in any one week or six (6) days in any 
one week or eight (8) hours in any one day. 

Section 7. Watchmen may be permitted to work a maximum of 
fifty-six (56) hours per week, but no watchmen shall be employed 
more than six (6) days in any seven (7) day period. 

employment by sever^vl employers 

Section 8. No employer shall Imowingly permit any employee to 
work for any time which Avhen totaled with that alread}^ worked for 
another employer or employers exceeds the maximum permitted 
herein. 

Article IV — Wages 

minimum wages 

Section 1. No male employee, except as hereinafter specified shall 
be paid less than at the rate of thirty-seven and one-half (371/2^) 



63 

cents per hour. No female employee, except as hereinafter speci- 
fied shall be paid less than at the rate of thirty-two and one-half 
(321/2^) cents per hour. 

Section 2. Office boys or messengers between the ages of sixteen 
(16) and eighteen (18) years may be paid at not less than the rate of 
Twelve Dollars and Eighty Cents ($12.80) per week, and the total 
number of such workers shall not in any case exceed one in number 
or 5% of the total number of the employees of an establishment, 
whichever is the higher. The names of such employees shall be 
made available to any employee and shall be filed with the Code 
Authority and the Administrator. 

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, piece work or other basis. 

Section 4. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees and when th§y displace male employees they shall receive 
the same rate of pay as the men they displace. 

Section 5. Equitable adjustments above the minimum in all pay 
schedules of employees shall be made within thirty (30) days after 
the effective date of this Code by any emploj^er who has not since 
June 16, 1933, made such adjustments under the Act. In no event, 
however, shall hourly rates be reduced. Within sixty (60) days after 
the effective date of this Code, each member of this Industry shall 
make a report of such adjustments (whether made prior to or subse- 
quent to date of approval of this Code) to the Code Authority. 

Section 6. A person whose earning capacity it limited because of 
age or physical or mental handicap or other infirmity may be em- 
ployed OH light work at a wage below the minimum established by 
this Code if the employer obtains from the State Authority desig- 
nated by the United States Department of Labor a certificate au- 
thorizing his employment at such wages 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, show- 
ing the wages paid to, and the maximum hours of work for such 
emplo3^ee. 

Section 7. Wages shall be paid weekly or semi-monthly in lawful 
money or by negotiable check payable on demand. Wages shall be 
exempt from fines, charges, rebates, deductions or any other form 
of withholding wages except for contributions voluntarily made by 
the employee or required by law. The employer or his agents shall 
accept no rebates directly or indirectly on such wages nor give any- 
thing of value or extend favors to any person for the purpose of 
influencing rates of wages, hours, or the working conditions of his 
employees. 

Article V — General Labor and Other Provisions 
child labor 

Section 1. No person under sixteen (16) years of age shall be 
employed in the Industry. No person under eighteen (18) years of 
age shall be employed at operations or occupations which are hazard- 
ous in nature or dangerous to health. The Code Authority shall 



64 

submit to the Administrator within sixty (60) days after the ap- 
proval of this Code a list of such operations or occupations. In any 
State an employer shall be deemed to have complied with this pro- 
vision as to age if he shall have on file a certificate or permit duly 
signed by the Authority in such State empowered to issue employ- 
ment or age certificates or permits showing that the employee is of 
the required age. 

PROVISIONS FROM THE ACT 

Section 2. (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 repre- 
sentatives or in self -organization or in other concerted activities for 
the purpose of collective bargaining or other mutual aid or pro- 
tection. 

(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. 

RECLASSIFICATIGN OF EMPLOYEES 

Section 3. 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. 

STANDARDS FOR SAFETY AND HEALTH 

Section 4. Every employer shall make reasonable provision for 
the safety and health of his employees at the place and during the 
hours of their employment. Standards of safety and health for 
each division of the industry shall be submitted to the Administrator 
by the Code Authority within three (3) months after approval of 
the Code. 

STATE LAWS 

Section 5. No provision in this Code shall supersede any State or 
Federal Law which imposes on employers more stringent require- 
ments as to age of employees, wages, hours of work, or as to safety, 
health, sanitary or general working conditions, or insurance or fire 
protection, than are imposed by this Code. 

POSTING 

Section 6. All employers shall post and keep posted copies of 
this Code or its labor provisions 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 pre- 
scribed by the Administrator. 



65 

DISMISSAL FOR CX)MPLAINT 

Section 7. No employee shall be dismissed, demoted or discrimi- 
nated against by reason of making a complaint or giving evidence 
with respect to an alleged violation of this Code. 

Article VI — Organization, Powers and Duties or the Code 

Authority 

organization 

Section 1. A Code Authority is hereby established to cooperate 
with the Administrator in the administration of this Code, and 
shall consist of seven (7) members of the Industry, five (5) of 
whom shall be selected from the Wholesale Surgical Trade Associa- 
tion, and two (2) members from the Industry who are not members 
of the Wholesale Surgical Trade Association. The method of elec- 
tion of the Code Authority shall be subject to the approval of the 
Administrator. 

Section 2. In addition to the members of the Code Authority above 
mentioned, the Administrator may appoint not more than three (3) 
members without vote and without compensation from the Industry. 

Section 3. 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 manner 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, ex- 
cept for his own wilful malfeasance or nonfeasance. 

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 in the method of selection and composi- 
tion of the Code Authority. 

Section 5. 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 an investi- 
gation 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. 

POWERS AND duties 

Section 6. 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 provi- 
sions of this Code. 



66 

(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 retjuired 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 noth- 
ing in tliis Code shall relieve any member of the Industry of any 
existing obligations to furnish reports to any Government agency. 
No mdividual report shall be disclosed to any other member of the 
Industry or to 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 sliall 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 and such other Codes, 
if any, as may be related to or ailect 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 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 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 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 Administrator. 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 
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. 



67 

8. 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 
stabilization of employment; and including modifications of this 
Code which shall become efi^ective 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 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 consider and refer to an executive Committer of the Divi- 
sion concerned, for investigation and report back to the Code Au- 
thority, all charges of any breaches of the Code and/or any schedules 
or amendments thereto. 

Section 7. Each trade or industrial association directly or indi- 
rectly 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 necessary 
to effectuate the purposes of the Act. 

Section 8. Each product divisional group of the industry shall 
have its own separate and distinct planning committee, known as the 
Division Executive Committee, and such executive committee shall 
place in writing all of its decisions and recommendations to the Code 
Authority for approval at least fifteen (15) days before such cL-?- 
cisions and recommendations are to become effective. If the Code 
Authority disapproves or fails either to approve or disapprove such 
decisions or recommendations within fifteen (15) days after their 
receipt by the Code Authority, the Division Executive Committee 
shall be entitled to present its recommendations to the Adminis- 
trator for his approval, if the approval of the Administrator is 
required. 

Article VII — Trade Practices 

Section 1. 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 tho 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. 
Commercial bribery provisions shall not be construed to prohibit free 
and general distrioution of articles commonly used for advertising 



68 

except so far as such articles are actually used for commercial 
bribery as hereinabove defined. 

Section 2. No member of the Industry shall allow secret rebates, 
refunds, commissions, credits, or unearned discounts, whether in 
the form of money or otherwise or extend to certain purchasers 
special services, prices, nor shall a member extend special privileges 
not extended to all purchasers of the same class, on like terms and 
conditions, nor withhold from, or insert in an invoice or contract 
any statements which make the invoice or contract a false record, 
wholly or in part, of the transaction covered thereby. 

Section 3. No member of the Industry shall use advertising which 
is inaccurate in any material particular, nor shall a member directly, 
by ambiguity or by inference misrepresent merchandise or any sub- 
stance used in connection therewith (including, but not limited to, 
its use, trademark, grade, quality, quantity, size, origin, material 
content, preparation or curative or therapeutic effect) or credit 
(terms, values, policies, or services; and no member of the Industry 
shall use advertising and/or selling methods which tend to deceive 
or mislead the customer. Advertising includes all representations of 
fact or opinion disseminated in any manner or by any means, in- 
cluding the labeling of j)roducts. 

Section 4. No member of the Industry shall disseminate, publish, 
circulate or cause to be disseminated, published or circulated any 
false or misleading statement relative to the following: 

(a) Any product or price thereof of any member of the Industry; 

(b) The credit standing or ability of any member of the Industry 
to perform any work or manufacture, or to produce any products. 

Section 5. No member of the Industry shall imitate or simulate 
any design, style, brand, trademark, slogan, or other means of iden- 
tification owned by any other member of the Industry in such a 
manner as has the tendency or capacity to mislead or deceive 
purchasers. In order to make this provision effective the Code Au- 
thority may provide for the establishment of an agency for the 
registration of surgical instruments of original and useful design. 
No provision of this Section shall supersede any State or Federal 
Law. 

Section 6. No member of the Industry shall induce or attempt to 
induce by any means, the breach of an existing contract between a 
competitor and his customer or source of supply ; nor shall any such 
member interfere with or obstruct the performance of such con- 
tractual duties or services. 

Section 7. The following additional trade practices shall apply 
to the Surgical Appliance Manufacturing Division : 

(a) No member of the Division shall sliip goods on consignment 
except under circumstances to be defined by the Code Authority 
where peculiar circumstances of the Industry require the practice 
and the Code Authority shall report the same to the Administrator. 

(b) No member of this Division shall require that the purchase 
or lease of any goods be a prerequisite of the purchase or lease of 
any other goods. 

(c) No member of this Division shall accept returned merchan- 
dise except for defects in manufacture, delay in delivery, errors in 
shipment, reconditioning at a price previously agreed upon, or the 
buyer's inability to pay for the merchandise. 



69 

Article VIII — MoDincATioisr 

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 effective on approval of 
the Administrator. 

Section 3. By presenting this Code, those who have assented 
hereto do not thereby consent to any modification thereof except as 
each shall thereto subsequently agree, or to the waiver of any of their 
constitutional rights.^ 

Article IX — IMonopolpes 

No provision of this Code shall be so applied as to permit monop- 
olies or monopolistic practices, or to eliminate, oppress, or discrimi- 
nate against small enterprises. 

Article X — Price Increases 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult of consummation if prices of goods and 
services increase as rapidly as wages, it is recognized that price 
increases except such as may be required to meet individual cost 
should be delayed, but when made such increases should, so far as 
possible, be limited to actual additional increases in the seller's cost. 

Article XI — Effective Date 

This Code shall become effective the second Monday after its 
approval by the President. 

Approved Code 501. 
Registry No. 1628-09. 



1 Deleted — See paragraph, 2 of order approving this Code. 

o 



Approved Code No. 502 
CODE OF FAIR COMPETITION 

FOR THE 

UPWARD-ACTING DOOR INDUSTRY 

As Approved on August 11, 1934 



ORDER 



Approving Code of Fair Competition for the Upward- AcmNo 

Door 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 Upward-Acting Door 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 Iso. 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 respect^ 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 on condition that 
the Association of Manufacturers of Upward-Acting Doors shall 
amend its Constitution to the satisfaction of the Administrator 
within sixty days from the date hereof. 

Hugh S. Johnson, 
Adminhtmtor for Industrial Recovery. 

Approval recommended: 
Barton W. Murray, 

Division Aatninistrator. 

Washington, D.C, 

August 11, 1934. 

79940° 1044-58 34 1 (71) 



EEPOKT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Code of Fair Competition for the 
ITpward-Actino; Door Industry, as revised after a public hearing 
conducted in Washington, D.C., on August 1, 1934, in accordance 
with the provisions of Title I of the National Industrial Recovery 
Act. 

PROVISIONS AS TO HOURS AND V^AGES 

Employees are not permitted to work more than thirty-six hours 
per week or eight hours per day, except as otherwise provided. Em- 
ployees are not permitted to work more than five days out of any 
seven, except as otherwise provided. 

Hourly limitations do not apply to traveling salesmen ; or to man- 
agers, executives or supervisors who receive thirty-five dollars or 
more per week. Hourly limitations do not apply to employees en- 
gaged 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 thirty-six per week or eight 
per day. 

To meet peak production periods, plant and factory employees are 
permitted to work forty-eight hours per week during twelve weeks 
in each calendar year, provided one and one-half times the normal 
rate is paid for hours worked in excess of forty per week or eight 
per day. Watchmen are not permitted to work more than fifty-six 
hours per week. 

The minimum hourly rate of pay for male employees, except office 
and sales employees, shall be forty cents per hour. Female em- 
ployees performing substantially the same work as male employees 
shall receive the same pay as male employees. Office, ser^dce or sales 
employees shall receive a minimum rate of fifteen dollars per week. 

A minimum rate of pay is established, regardless of whether an 
employee is compensated 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 occupations or those detrimental 
to health. 

ECONOMIC EFFECTS OF THE CODE 

This is a new Industry. In 1928 there were only three firms in 
this field ; there are now twenty concerns. Employment has dropped 
from the high point of 1929 and 1930, when there were 3,000 em- 
l^loyees, to 2,000 in 1933. Decreased volume of construction for the 
past four years has been felt by this Industry, even though sales 
reached a high point in 1933. Sales per company showed a very 
considerable decrease. 

(72) 



73 

Practically all the members of this Industry and its several divi- 
sions accepted the President's Reemployment Agreement. This 
Agre<?ment actually affected only a small increase in employment 
because of decreased volume of business. Wages generally in the 
Industry were above thoee prescribed by the President's Reemploy- 
ment Agreement. 

Under the Code some small increase in employment is expected 
as a result of the thirty-six hour week. This increase will be marked 
as the volume of construction increases. 

It is expected that Price and Trade Practice Provisions of the 
Code will go far to correct many of the disturbing elements of the 
Industi-y and will react favorably to stabilization of employment. 

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 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 a^icul- 
tural products through increasing purchasing power, by reducing 
and relieving unemplo5"ment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 em- 
ployees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion of Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant associa- 
tion is an industrial association truly representative of the aforesaid 
Industry; and that said association imposes no inequitable restric- 
tions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said Code. 

For these reasons, therefore, the Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

Adinmistrator. 
August 11, 1934. 



CODE OF FAIR COMPETITION FOE THE UPWARD- 
ACTING DOOR INDUSTRY 

Article I — Purposes 

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 Upward-Acting Door 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 " Upward-Acting Door Industry " or " In- 
dustry " as used herein is defined to mean and include the (1) fabri- 
cation and/or assembly (for sale) and/or (2) distribution and/or 
(3) erection or installation and/or (4) repair of industry products 
by the manufacturer or distributor. 

Section 2. The term " Products of this Industry " or " Products " 
as used herein is defined to mean and include doors of whatever ma- 
terial constructed, (including operating mechanisms and/or equip- 
ment) which are fabricated and/or assembled and/or installed in 
conjunction with such operating mechanism and/or equipment con- 
trolling the operation and/or function of the completed installation, 
and which are more specifically defined hereinafter, and such other 
related branches, sub-division and/or functions as may from time to 
time be included under the provisions of this code by the Adminis- 
trator after such notice and hearing as he may prescribe : 

(a) Single section doors moving radially upward to a horizontal 
position above the opening; 

(b) Multiple section doors with all sections hinged together, 
lower section or sections folding upwardly to a position where all 
sections are disposed horizontally above the opening; 

(c) Multiple section doors with all sections hinged together acting 
upwardly and rear-wardly to a horizontal position above the 
opening ; 

(d) Devices, appliances, operating mechanism and equipment used 
in connection with above mentioned products ; and/or 

(e) Operating hardware made for and used in connection with 
the above mentioned products ; 

Section 3. The term " member of the industry " includes but 
without limitation any individual, partnership, association, corpo- 
ration, or other form of enterprise engaged in the industry, either 
as an employer or on his or its own behalf. 

Section 4. The term " division of the industry " or " division " as 
used herein shall mean one of the following branches of the industry ; 
(1) Fabrication and/or assembly (for sale), (2) distribution, (3) 

(74) 



75 

erection or installation, (4) repair of industry products; and such 
other divisions as may hereafter be established. 

Section 5. The Term "Association " as used herein shall mean 
"Association of Manufacturers of Upward-Acting Doors." ^ 

Section 6. The term " member of the division " as used herein in- 
cludes any member of tlie industry engaged in one of the divisions 
which are hereby or may hereafter be established. 

Section 7. The term " Employee " as used herein includes any 
and all persons engaged in the industry, however compensated, except 
a member of the industry. 

Section 8. The term " Employer " as used herein includes any- 
one in the Industry by whom such employee is compensated or 
employed. 

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 — Regulation or Hours of Work 

Section 1. MaximuTn Hours. — No employee shall be permitted to 
work in excess of thirty-six (36) hours in any seven-day period or 
eight (8) hours in any day, nor more than five (5) days in any 
seven-day period, except that for six (6) weeks in^ a six (6) months 
period employees may be permitted to work not in excess of eight 
(8) hours per day or forty-eight (48) hours in any one (1) seven 
(7) day period or six (6) days in any one (1) seven (7) day period. 
At least time and one-half shall be paid for hours worked in excess 
of eight (8) hours in any day or thirty -six (36) hours in any seven 
(7) day period. 

Section 2. Exceptions. — (a) No person employed in clerical 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 (5i^) days 
in any seven (7) day period. A normal w^ork day shall consist of 
eight (8) hours. 

(b) Employees engaged as watchmen shall not be permitted to 
work in excess of fift3^-six (56) hours or six (6) days in one (1) seven 
(7) day period. 

Section 3. Exemptions. — (a) The provisions of this Article in 
respect to the limitations of hours shall not apply to employees en- 
gaged in an executive or managerial capacity who receive not les3 
than thirty-fiA^e dollars ($35.00) per week, or to traveling salesmen. 

(b) The provisions of this Article in respect to the limitation of 
hours shall not apply to employees engaged in emergency mainte- 
nance or emergency repair work involving break-downs or pro- 
tection of life or property, provided, however, that at least one and 
one-half (l^/^) times the normal rate shall be paid for hours worked 
in excess of the maximum hour^ herein provided by this Article. 

Section 4. Eniploynient hy several Employers. — No member of 
the Industry shall knowingly permit any employee to work for any 



* See paragraph 2 of order approving this Code. 



76 

time which, when totaled with that already performed with another 
employer, exceeds the maximum permitted herein. 

Articue IV — Wages 

Section 1. Minirnuiri Wage. — No employee shall be paid in any 
pay period less than at the rate of forty cents ($0.40) per hour, ex- 
cept as herein otherwise provided. 

Section 2. Minmiu7}i Wage for Clerical and Office Einployees. — 
No person emploj^ed in clerical or office work shall be paid in any 
pay period less than at the rate of fifteen dollars ($15.00) per week. 

Section 3. This Article establishes a minimum rate of pay which 
shall apply, irrespective of whether an employee is actually com- 
f)ensated on a time rate, piecework, or other basis. 

Section 4. No employee now emploj^ed at a rate in excess of the 
minimum shall be discharged and reemployed or replaced by an- 
other at a lower rate for the purpose of evading the provisions of 
this Code. 

Section 5. Handicap'ped Employees. — A person whose earning 
capacity is limited because of age, physical or mental handicap, may 
be employed on light work at a wage below the minimum established 
by this (Jode, 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. 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 employed 
by him, showing the wages paid to, and the maximum hours of work 
for such employee. 

Section 6. Female Employees. — Female employees performing 
substantially the same work as male employees shall receive the same 
rate of pay as male employees. 

Section 7. Wages Above the Miniviimi. — Every employer shall 
make an equitable adjustment of all wage rates above the minimum. 
In no case shall hourly wage rates be reduced. No change shall be 
made in piece-work rates which will reduce the hourly earnings of 
piece workers. The action taken by each member of the Industry in 
accordance with this provision shall be reported to the Code Au- 
thority within thirty (30) days after the effective date of this Code 
and to the Administrator on his request. 

Article V — General Labor Provisions 

Section 1. No person under sixteen (16) years of age shall be em- 
ployed in the IndustrJ^ 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 the 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 



77 

issue employment or ap:e certificates or permits showing that the 
employee is of the required age. 

Section 2. (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 em- 
ployers of labor, or their agents, in the designation of such represent- 
atives or in self -organization or in other concerted activities for 
the purpose of collective bargaining or other mutual aid or protec- 
tion, 

(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 oAvn 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 the duties 
of occupations performed or engage in any subterfuge for the pur- 
pose or with the intent or effect of defeating the provisions of the 
Act or of this Code. 

Section 4. Every employer shall make reasonable provision for 
the safety and health of his employees at the place and during the 
hours of their employment. 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 5. No provisions in this Code shall supersede any State 
or Federal law wdiich imposes on employers more stringent require- 
ments as to age of employees, w^ages, 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. Posting. — 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 regu- 
lations relative to the posting of provisions of Codes of Fair Com- 
petition which may from time to time be prescribed by the 
Administrator. 

Section 7. Payment of Wages. — All members of the Industry 
shall make payment of all wages due in lawful currency or by nego- 
tiable check therefor, payable on demand. Wages shall be paid at 
least as often as semi-monthly. These wages shall be exempt from 
any payment for pensions, insurance or sick benefits other than those 
voluntarily paid by employees or required by law. Members of the 
Industry or their agents shall not accept, directly or indirectly, 
rebates on such w^ages 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 shall 
not apply to persons employed in a managerial or executive capacity 
who earn not less than thirty-five ($35.00) dollars per week, nor to 
persons employed in clerical or office work. Employers shall agree 
that the w^^ges for persons employed in clerical or office work shall 
be paid at the end of pay periods not to exceed semi-monthly periods. 

79940° 1044-58 .34 2 



78 

Section 8. Industnal Relations Board. — A Joint Industrial Re- 
lations Board may be constituted and established, to which shall be 
referred and which shall deal with all matters relating to labor 
complaints, in accordance with such rules and regulations as may 
from time to time be prescribed by the Administrator. 

Section 9. Disniksal. — No employee shall be dismissed, demoted 
or otherwise discriminated against by reason of making a complaint 
or giving evidence with respect to an alleged violation of this 
Code. 

Article VI — Okganization, Powers and Duties of Code Authority 

Section 1. Organization and C onstitution.—A Code Authority is 
hereby constituted to cooperate with the Administrator in the ad- 
ministration of this Code. 

Section 2. The Code Authority shall consist of five (5) members 
wdio are members of the fabricating and assembly division of the 
Industry to bo selected as follows: Members of the Industry shall 
elect the Industry members of the Code Authority by a majority vote 
of the members participating in any election conducted as herein 
provided. Three nominations shall be made for the election of each 
Code Authority member, 

(a) One member of the Code Authority shall be elected from those 
members of the Industry Avho are not members of the Association 
by a majority vote of the members of the fabricating and assembly 
division of the Industry who are not members of the Association, and 

(b) One member of the Code Authority shall be elected by the 
members of the distribution and erection division of the Industry 
from those members of the Industry who are membBrs of the Asso- 
ciation by a majority vote of the members of the distribution and 
erection division participating therein, and 

(c) Three members of the Code Authority shall be elected by mem- 
bers of the Industry who are members of the Association by a ma- 
jority vote of the members of the Association, and 

(d) Upon failure by members to elect industry members of the 
Code Authority as provided in Section 2 (a) and Section 2 (b) of 
this Article, then such members of the Code Authority shall be 
nominated and elected by a majority vote of the members of the 
Association participating therein, and 

(e) The members of the industry participating and voting at the 
election and the members of the Code Authority nominated from 
members of the Industry shall be eligible and qualified as provided 
by Section 10 1 (2) of this Article, and 

(f) At no time shall the Code Authority consist of more than 
one (1) member affiliated or associated with or employed by the same 
member of the Industry and at no time shall the Code Authority 
consist of more than one (1) member selected from members of the 
industry which have a financial interest in or otherwise exercise 
control over each other. 

Section 3. The Association is hereby designated as the Agency to 
conduct an election of the members of the Code Authority within 
ten (10) days after the effective date of this Code, and the succeed- 
ing annual elections of members of the Code Authority. Members 



79 

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 meet- 
ing 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 division of the industry, eligible to vote as provided 
in this Article VI, for an election to fill the incomplete terms of 
such members shall be called by the Association. Notice of the 
time and place of each election shall be sent to each member of 
the division of the industry_, eligible to vote at his address on file 
with the Code Authority in accordance with Article IX, Rule 13, 
at least fifteen (15) 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 Division of the industry eligible to vote shall have 
one (1) vote at each election. 

Section 4. In addition to membership as above provided, there 
may be not more than three (3) members, without vote, to be ap- 
pointed b}^ the Administrator to serve for such terms as he may 
specif}' and who are known as administration members. 

Sectiox 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 its duly 
appointed committees. 

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 inerjuitable 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 
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 7. In order that the Code Authority shall at all times 
be truly representative of the industry and in other respects comply 
with the provisions of the Act, the Administrator may prescribe 
such hearings as he may deem proper; and thereafter, if he shall find 
that the Code Authority is not truly representative or does not in 
other respects comply with provisions of the Act, may require an 
appropriate modification in the method of selection 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 member of the Code Authority be liable in any manner 
to anj'one for any act of aii}^ 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 under the Code, except for his own wilful malfeasance or non- 
feasance. 

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 



80 

not be effective unless the Administrator approves or unless he shall 
fail to disapprove after thirty (30) days' notice to him of intention 
to ])rocecd with such action in its original or modified form. 

Section 10. Foicers and Duties. — Subject to such rules and regu- 
lations as may be prescribed by the Administrator the Code Author- 
ity shall have the following further 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 
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 
and for administrating and facilitating the enforcement of the Code. 

(c) To obtain from members of the Industry such information and 
reports as are required for the administration of the Code and to 
provide for submission b}'' 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 government agency. No individual reports shall be 
disclosed to any other member of the industry or any other party 
except to such governmental agencies as may be directed by the 
Administrator. 

(d) To appoint such agencies or committees as it deems proper for 
the Administration of the Code in each regional division or sub- 
division as designated subsequently, and to delegate to said agencies 
all necessary power and authority for the administration of this 
Code within the regional divisions or sub-divisions, but shall reserve 
and retain the power to administer the provisions of this Code, and 
shall be responsible for all actions taken by its appointed committees. 

(e) It may, on the basis of experience, with the approval of the 
Administrator, change the regional divisions to better effectuate the 
administration of this Code. 

(f) To make recommendations to the Administrator for the co- 
ordination of the administration of this Code with such other codes, 
if any, as may be related to the industry. 

(g) To 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 between production and 
distribution employers under this Code, any Division, or under any 
other code to the end that such fair trade practices may be proposed 
to the Administrator as amendments to this Code, any Division, or 
any other codes. 

(h) To provide for the study of further trade practice provisions 
and measures for industrial control and stabilization of employment 
and to recommend to the Administrator any changes and/or modi- 
fications of the Code or any Division thereof M'hich shall become 
effective as part hereof u})on approval by the Administrator after 
such notice and hearing as he may prescribe. 

(i) To ])rovide for the study of minimum standards, grades, quali- 
ties, workmanship, specifications and for the study of the distribution 
and installation of products of this Industry. 



81 

(j) The Code Authority shall cause to be formulated methods of 
cost findin*^ and accounting capable of use by all members of the 
industry, and shall submit a summary of such methods to the Admin- 
istrator for review. If approved by the Administrator, full infor- 
mation 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 uniform items of cost 
which are designed to bring about arbitrary uniformity of costs or 
prices. 

(k) To cooperate with the Joint Industrial Relations Board (pro- 
vided under Article V of this Code), the Administrator and such 
other agencies as he may designate in respect to the administration 
of this Code. 

(1) 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 
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 xidministrator. 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 Administration. 

(3) The Code Authority shall neither incur nor pay any obliga- 
tion 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 Ad- 
ministrator 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. 



82 

Article VII — Open Price 

Section 1. Each member of the Industry shall file with a confiden- 
tial 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 con- 
form to and represent the individual pricing practices of said mem- 
ber. Such lists shall contain the price terms of all such standard 
products of the Industry as are sold or offered for sale by said 
niember and for such non-standard products of said member as shall 
be designated by the Code Authority. Said price terms shall in the 
fi-rst instance be filed within thirty (30) days after the date of ap- 
proval 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 tlie time of such 
receipt. Such lists and revisions, together with the effective time 
thereof, shall upon receipt be immediately and simultaneously dis- 
tributed to all members of the Industry and to all of their cus- 
tomers 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 
releasee! to all members of the Industry and their customers, as 
aforesaid ; provided, that prices filed in the first instance shall not 
be released until the expiration of the aforesaid thirty (30) 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 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/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 free and 
open market which it is the j)iirpose of this Article to create. 

Article VIII — Cost and Price Cutting 

Section 1. The standards of fair competition for the Industry 
with reference to pricing practices are declared to be as follows : — 



83 

(a) Wilfully destructive price cutting is an unfair method of com- 
petition and is forbidden. Any member of the industry or of any 
other industry or the customers of either may at any time complain 
to the Code Authority that any filed price constitutes unfair compe- 
tition as destructive price cutting, imperiling small enterprise or 
tending toward monopol}^ or the impairment of code wages and 
working conditions. The Code Authority shall within five (5) days 
afford an opportunity to the member filing the price to answer such 
complaint and shall within fourteen (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.K.A. who 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 2 
hereof, is forbidden. 

Section 2. Emergency Provisions. — (a) 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 the conditions constituting such emergency and to effectu- 
ate the purposes of the Act, the Code Authority may cause an im- 
partial agency to investigate costs and to recommend to the Admin- 
istrator a determination of the stated minimum price of the product 
affected by the emergency and thereupon the Administrator may pro- 
ceed 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 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 reconsider- 
ation or the Administrator may cause any determinations hereunder 
to be reviewed or reconsidered and appropriate action taken. 

Article IX — Trade Practice Ruies 

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 ojQficer, 
employee, agent, or representative, knowingly use, employ, or permit 
to be employed, any of such unfair practices shall be guilty of viola- 
tion of the Code. 



84 

Rule 1. Misleading Advertising. — No member of the Industry 
shall use or publish advertising (whether printed, radio, display, or 
of any other nature) which is misleading or inaccurate in 2ii\y mate- 
rial 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. 

Rule 2. Disparagevierit of CoTiipetitoTS. — No member of the In- 
dustr^^ shall make false or disparaging statements with respect to a 
competitor's business, methods, practices, or products. 

Rule 3. Threats of Legal Proceedings. — No member of the In- 
dustry 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. 

Rule 4. Secret Rebates. — No member of the Industry shall secretly 
offer or make any payment or allowance or a rebate, refund, commis- 
sion, credit, unearned discount, or excess allowance, whether in the 
form of money or otherwise, nor shall a member of the Industry 
secretly offer or extend to any customer any special service or privi- 
lege not extended to all customers of the same class for the purpose 
of influencing a sale. 

Rule 5. Gommercidl Bribery. — No member of the Industry shall 
give, permit to be given, or directly offer to give anything of value 
for the purpose of influencing or rewarding the action of any em- 
ployee, agent, or representative of another in relation to the business 
of the employer of such emploj^ee, the principal of such agent, or 
the represented partj'^, without the knowledge of such employer, prin- 
cipal or party. This provision shall not be construed to prohibit 
free and general distribution of articles commonly used for advertis- 
ing except so far as such articles are actually used for commercial 
bribery as hereinabove defined. 

Rule 6. Inducing Breach of Contract. — No member of the Indus- 
try shall attempt to induce the breach of an existing contract between 
a competitor and his customer, or source of supply; nor shall any 
such member interfere with or obstruct the performance of such con- 
tractual duties or servfces. 

Rule 7. Substitution of Parts. — No member of the Industry shall, 
directly or indirectlj^^, substitute his own or different parts in the 
repair or alteration of a competitor's product or parts thereof with- 
out the express authority of the owner. 

Rule 8. Trade Mark Removal. — No member of the Industry shall, 
directly or indirectly, remove or destroy any trade mark or other 
identification of any product or part of a product of the Industry 
supplied by a competitor with the intent or effect of deceiving a pur- 
chaser or a prospective purcliaser. 

Rule 9. C ombination Quotations. — No member of the Industry 
shall combine quotations or contracts for any product of this Indus- 
try with any quotation or contract for any other material, labor, or 
service, ior the purpose and with the intent of concealing the true 
selling price of the product of this Industry. 



85 

Rule 10. Oral Quotations. — No member of the Industry shall 
make oral quotations without confirming them in writing. 

Rule 11. Terms of Sale. — No member of the Industry shall allow 
more favorable terms of payment for products sold f.o.b. member's 
factory or delivered to destination than "Net Cash thirty (30) days 
from date of shipment ". The terms of payment of products sold 
erected shall not be more favorable than to provide that " eighty-five 
(85) per cent of the proportionate value of the work done shall be 
due monthly. The final payment shall be due and payable thirty 
(30) days after completion of the contract ". Nothing herein con- 
tained shall prevent the selling of products of the Industry on an 
installment plan, providing that interest on deferred payments is 
charged at the rate of six (6) per cent per annum, or the legal rate 
of interest, whichever is lower. 

Rule 12. Replacenwrit of Matenal. — No member of the Industry 
shall replace material without making a charge therefor, said charges 
to conform with filed prices, except in the case of material found to 
be defective within a period of one (1) year after installation. 

Rule 13. Distributor and Sales Lists. — Each member of the In- 
dustry shall file w^ith the Code Authority a list of his distributors 
and/or sales representatives, which list shall be available to the other 
members. Such list shall at all times be kept up to date by notifying 
the secretary of any changes, within ten (10) days after being made. 

Rule 14. Changed Contract Dates. — No member of the Industry 
shall post-date or pre-date any contract, invoice, quotation or receipt. 

Rule 15. Contingent Quotations. — No member of the Industry 
shall make the acceptance of any separately-priced non-industry 
material in a quotation for industry products or make another quo- 
tation for a non-industry material contingent upon the acceptance 
of a quotation for industry products, where the purpose or effect 
thereof is to secure to a buyer a special price. 

Article X — Appeals 

Sectiox 1. Any interested party shall have the right to appeal to 
the Administrator, under such rules and regulations as he may pre- 
scribe, in respect to any decision, rule, regulation, order, or finding 
made by tlie Code Authority. 

Article XI — Modifications 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provisions of sub-section (b) of Section 10 of the National In- 
dustrial Recovery Act, from time to time to cancel or modify any 
order, approval, license, rule or regulation issued under Title I of 
said Act and specifically, but without limitation, to the right of the 
President to cancel or modify his approval of this Code or any con- 
ditions imposed by him upon his approval thereof. 

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 Admin- 
istrator and such notice and hearing as he shall specify, and to be- 
come effective on approval of the President. 



86 
Article XII — Monopolies 

Section 1. No provision of this Code shall be so applied as to 
permit monopolies or monopolistic practices, or to eliminate, oppress, 
or discriminate against small enterprises. 

Article XIII 

Section 1. Members of the Industry shall conform to the appli- 
cable provisions of such appropriate code or codes of the construc- 
tion industry respecting the installation and/or repair of the prod- 
ucts of this Industr3\ 

Article XIV — Effecti^te Date 

This Code shall become effective .on the second Monday after its 
approval by the President. 



Approved Gode No. 502. 
Registry No. 1139-04. 



O 



Approved Code No. 503 

CODE OF FAIR COMPETITION 

FOR THE 

PRETZEL INDUSTRY 

As Approved on August 11, 1934 



ORDER 



Code of Fair Competition for the Pretzel 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 Pretzel Industry, and hearings having been 
duly held thereon and the annexed report on said Code, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOAV, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive 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, subject to the 
following conditions : 

That the Code Authority shall within sixty (60) days after the 
effective date of the Code investigate and report to me regarding 
the operation and effect of Sections 2 and 4 of Article IV and such 
provisions shall be subject to such modifications as I may find neces- 
sary in the light of the facts presented to me, in order to effectuate 
the purposes of the Act. 

HuCxH S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D.C, 

August 11, 193 If. 

79941° 1044-59 34 ^1 (§7) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the Hearing of the Code of Fair Com- 
petition for the Pretzel Industry. 

This hearing was held in the Ambassador Hotel, Washington, 
D.C., on February 20, 1934, under the jurisdiction of the National 
Recovery Administration. 

GENERAL 

The Pretzel Industry includes about 150 manufacturers which 
taken together total less than 1% (0.54%) of the value of all bakery 
products. The product is not a necessity, but is classed as an inex- 
])ensive semi-luxury, and does not replace any other food. The 
Pretzel Industry grew up from a family enterprise with low wages, 
long hours, and no problem of unemployment even during the de- 
pression. It is difficult to forecast the spread of employment. If 
the vohime of business is maintained as of June, 1933, there would 
be an increase of about 487 employees, or 12.9%. Wages have been 
very low in this Industry. Under the present code about 50% of 
the employees will benefit ; in the case of women alone approximately 
84% will receive increased wages. The average increase in the 
hourly rate for these employees will be about 36% and in weekly 
wages about 14.3%. The resulting additional volume of wages are 
estimated at $369,594.00 or about 12.9% of an estimated total volume, 
in June, 1933, of $2,861,200.68. The increase in the volume of wage 
payments resulting from the spread of emplovment is estimated at 
$358,283.00, or about 12.5%, of an estimated total volume in 1933 of 
$2,861,200.68. The additional volume of wages from both increased 
wages and spreading of employment is estimated at $727,877.00, or 
about 25.4%. The Industry claims 5,000 employees, but a later 
estimate would place employment at about 4,000. 

There are two methods of manufacture, the small units which 
twist the pretzel by hand and the larger mechanized units cutting 
pretzels by machinery. 

The Pretzel Industry claims, because of increased cost of brrsic 
materials, which includes a processing tax on flour of $1.38 per 
barrel, and certain restrictions and prohibition of the free distri- 
bution of food, any material increase in overhead at this time will be 
a serious menace, possibly putting the small manufacturer out of 
business. 

The National Pretzel Manufacturers' Association sponsor of this 
Code, is a trade association, truly representative of the Industry, 
and imposes no inequitable restrictions on membership. 

(88) 



89 

HOUR AND WAGE PROVISIONS 

The Code of the Pretzel Industry proposes a maximum work week 
of 40 hours with a limitation of 8 hours per day and 6 days in any 7 
day period. There are the usual exemptions, complete or partial, in 
the case of executive, managerial, and solicitors. Delivery salesmen 
are exempted from hours if paid a salarv of $22.00 per week aver- 
aged over a four weeks' period. Truck drivers may work 48 hours 
per week and watchmen may work 56 hours per week. In case of 
peak periods not to aggregate more than 10 Aveeks in any one year 
emploj^ees may be permitted to work 48 hours per week. In case of 
emergency repair or maintenance work employees may work un- 
limited hours, provided they are paid at least one and one-third for 
overtime. The minimum wages are set at 400 per hour for machine 
operators and oven men, 321/0^ per hour for all other male employees, 
and 300 per hour for female employees. Inexperienced twisters may 
be paid 831/^ of the minimum rate provided for females, not to ex- 
ceed 10% of total employed for this type of work and not to exceed 
160 Avorking hours. Office employees are under a minimum of 
population, starting at $16.00 per week for cities of over 500,000 
population. 

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 floAV of interstate and foreign 
commerce which t-end 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 gOA'ernmental sanctions and supervision, by eliminat- 
ing unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity oi industries, by avoid- 
ing undue restriction of production (except as may be temporarily 
required), and by increasing the consumption of industrial and agri- 
cultural products through increasing purchasing power, by reducing 
and relieAdng 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 National Pretzel 
Manufacturers' Association is an industrial association truly repre- 
sentati\^e of the aforesaid Industry; and that said association im- 
poses no inequitable restrictions on admission to membership therein. 

"(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 



90 

"(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 
"(f) Those engaged in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
Code." 
For the above reasons, this Code has been approved. 
Respectfully, 

HiTGH S. Johnson, 

A dministrator. 
August 11, 1934. 



CODE OF FAIR COMPETITION FOR THE PRETZEL 

INDUSTRY 

Article I — Purpose 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the provisions of this Code are established as a Code 
of Fair Competition for the Pretzel Industry and shall be the stand- 
ards of fair competition for such industry and sliall be binding upon 
every member thereof. 

Article II — Definitions 

Section 1. President. — The term " President " as used herein 
means the President of the United States. 

Section 2. Act and Adinimstrator. — The terms "Act" and "Ad- 
ministrator " as used herein mean, respectively, Title I of the Na- 
tional Industrial Recovery Act and the Administrator for Industrial 
Recovery. 

Section 3. Industin/. — The term " Industry " as used herein means 
the manufacture and/or sale at wholesale of pretzels and/or products 
made from pretzel dough, (but not including wholesalers of pretzels 
and/or products made from pretzel dough other than an independent 
distributor as defined in Section 14 of Article II hereof) and such 
related branches or subdivisions as may from time to time be in- 
cluded under the provisions of this Code by the President after such 
notice and hearing as he may prescribe. 

Section 4. Me-mber of the Industry. — The term " Member of the 
Industry " includes, but without limitation, any individual, partner- 
ship, association, corporation, or other form of enterprise, engaged 
in the Industry, either as an employer or on his or its own behalf. 

Section 5. Em'ployee. — The term " Employee " as used herein 
means any and all persons engaged in the Industry, however compen- 
sated, except a member of the Industry. 

Section 6. Employer. — The term " Employer " as used herein 
means any person by whom any such employee is compensated or 
employed. 

Section 7. Soli-citor. — The term " Solicitor " as used herein means 
any employee whose principal duties are to solicit accounts and/or 
make adjustments. 

Section 8. Outside Delivery Salesmen. — The term " Outside De- 
livery Salesmen " as used herein means only employees whose prin- 
cipal duties are selling and delivering merchandise sold by them. 

Section 9. Watchman. — The term " Watchman " as used herein 
means an employee whose primary function is guarding the premises 
of the establishment of a member of the Industry. 

Section 10. Oven Men. — The term " Oven Men " means only those 
employees whose principal function is attending the operation of 
baking in baking ovens. 

(91) 



92 

Section 11. Trade Buyer. — The term " Trade Buyer " means and 
includes any commercial buyer as distinguished from an ultimate 
consumer buyer. 

Section 12. Population. — Population for the purpose of this Code 
shall be determined by reference to the latest Federal Census. 

Section 13. Pretzel Code Authority. — The term "Pretzel Code 
Authority " as used herein means the Code Authority provided for 
in Article VII of this Code. 

Section 14. Independent Distributor. — The term " Independent 
Distributor " as usecl herein shall mean any person commonly known 
in the Industry as a " bobtailer " who bm^s pretzels and/or products 
made from pretzel dough from other members of the Industry for 
the purpose of resale and delivery from privately owned or hired 
vehicles to the wholesale or retail trade or to the consumer. 

Article III — Hours 

Section 1. Basic Hoivrs. — No employee shall be permitted to work 
in excess of forty (40) hours in any week or eight (8) hours in any 
day, with the following exceptions : 

(a) Provisions of this Section shall not apply to executive, tech- 
nical or managerial employees or solicitors, provided that they 
regularly receive not less than thirty-five dollars ($35.00) weekly. 

(b) Provisions of this Section shall not apply to outside delivery 
salesmen, provided that they regularly receive not less than twenty- 
two dollars ($22.00) per week averaged over a four-week period. 

(c) Provisions of this Section shall not apply to watchmen, pro- 
vided tlmt no watchman shall be permitted to work more than fifty- 
six (56) hours in any week. 

(d) Provisions of this Section shall not apply to truck drivers, 
provided that no truck driver shall be permitted to w^ork more than 
forty-eight (48) hours in any week and provided further that no 
truck driver shall be permitted to work longer than eight (8) hours 
in any one shift and there shall be rest periods of at least eight 
(8) hours between shifts. Whenever a truck driver is required in 
the course of his employment to be away overnight from his cus- 
tomary habitation, he shall be reimbursed for his reasonable expendi- 
tures for food ancl lodging. 

(e) In case of peak production during an aggregate of not more 
than ten (10) weeks in any one year, said year to commence on the 
eti'ective date of this Code, employees may be permitted to w^ork 
not to exceed forty-eight (48) hours in any one week. 

(f ) In case of emergency repair or emergency maintenance work 
involving break-downs or protection of life and property, employees 
immediately necessary thereto may be permitted to work in excess 
of the prescribed maximum working hours, provided that such 
employees shall be compensated for such overtime by at least one 
and one-third times the normal rate of i:)ay. 

Section 2, Monthly Reports of Excess Hours. — Reports shall be 
made monthly to the Code Authority of employees working in excess 
of the maximum hours per week as permitted in Section 1, Subsec- 
tions (e) and (f) hereof and of the number of hours so worked by 
the employees. 



93 

Section 3. Maxvmwni Nwriber of Days. — No employee shall bo 
permitted to work more than six (6) days in any seven (7) day 
period ; except those employees as specified in Section 1 (a) Article 
III may work on the seventh (7) day. 

Section 4. Ein-ployment 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 emplo3^ers, exceeds the maximum hours j)ermitted herein. 

Article IV ^ — AYages 

Section 1. 0-ffice Employees. — No clerical, accounting^ or office 
employee shall be paid less than at the rate of sixteen dollars 
($16.00) weekly in cities of over 500,000 population or in the im- 
mediate trade area thereof ; or less than fifteen dollars ($15.00) 
weekly in cities of between 250,000 and 500.000 population, or in 
the immediate trade area thereof; or less than fourteen dollars 
($14.00) weekly in other places; except that messengers and office 
boys may be paid at a rate of not less than two clollars ($2.00) 
weekly below the above minima, provided, however, that where 
more than one employee is classified and compensated as a mes- 
senger or office boy, not more than five per cent (5%) of the total 
number of office employees shall be so classified or compensated. 

Section 2. Application of the Minimimi. — No male employee, 
other than those covered in Sections 1, 3 and 5, shall be paid at 
a rate of less than thirty -two and one-half cents (32^0) per hour; 
and no female employee other than those covered in Sections 1 and 
3, shall be paid at a rate less than thirty cents (300) per hour. 

Section 3. Inexperienced Twisters. — Inexperienced twisters (with- 
out previous experience) shall be paid at a rate of not less than 
eightj'-three and one-third per cent (831/3%) of the minimum rate 
provided in Section 2 of this Article, provided that inexperienced 
twisters shall not be continued at said rate for a period longer than 
one hundred and sixty (160) working hours, ancl provided further 
that the total number of inexperienced twisters emplo^-ed at any 
one time in any establishment and paid less than the minimum pro- 
vided in Section 2 of this Article, shall not exceed ten per cent 
(10%) of the total number of twisters then employed in said estab- 
lishment, except that each establishment may have at least one (1) 
inexperienced twister. 

Section 4. Machine and Oven Operators. — Machine operators and 
oven men ghall be paid at a rate of not less than forty cents (400) 
per hour. 

Section 5. Watchmen. — Watchmen shall be paid at a rat-e of not 
less than eighteen dollars ($18.00) weekly. 

Section 6. Legal Holidays. — Employees, (excepting executive, 
technical, or managerial employees, or solicitors, who regularly re- 
ceive not less than thirty-five dollars ($35.00) per week, and 
watchmen), when working on national legal holidays shall be com- 
pensated at a rate of at least one and one-third times the normal 
rate. " National Legal Holidaj^s " .shall mean New Year's Day, 
George Washington's Birthday, Independence Day, Labor Day, 



* See paragraph 2 of order approving this Code. 



k 



94 

Thanksgiving Day and Christmas Day, and such other holidays as 
may be i^roclaimed by the President. 

Section 7. Work Pei^forTned hy Feiiiale and Male Employees. — 
Female employees performing substantially the same work as male 
employees shall be paid at the same rate of pay as male employees; 
Ijrovided, that, when male employees perform work customarily done 
by female employees only during hours when female labor is pro- 
hibited by applicable law, it shall not be required that female em- 
ployees doing such work at other times be paid at the same rate as 
such male emjDloyees. 

Section 8. Deductions. — ^^Vages of employees shall be exempt from 
any fines; and from charges or deductions except charges or deduc- 
tions for employees' voluntary contributions for pension, insurance 
or benefit funds, and charges or deductions required by mandatory 
provisions of law; and contracts of hire shall provide that the em- 
ployer shall not withhold wages except ujDon service of legal process 
lawfully requiring such withholding. Deductions for other purposes 
not heretofore stated may be made only when so authorized by the 
employee in writing, Avhich authorization shall be kept on file by the 
employer for six (U) months after its expiration and shall be open 
to the inspection of the Administrator or his representative. 

Section 9. Payment of Wages and Salaries. — Employers shall 
make payment of all wages due in lawful currency, or negotiable 
checks pa3'able on demand. Contracts of hire shall provide that 
wages shall be paid at least as often as bi-weekly and salaries at 
least as often as monthW. 

Section 10. Wages ahove Miiiiinum. — No employee whose normal 
full-time weekly hours averaged over the eight (8) weeks ending 
June 30, 1933, are as a result of the adoption of this code reduced by 
sixteen and two-thirds per cent (16%%) or less shall have his or her 
full-time weekly earnings reduced; and any emploj^ee whose said 
normal full-time weekly hours are so reduced by more than sixteen 
and two-thirds percent (16%%) shall have his or her hourly rate of 
pay increased by at least twenty per cent (20%). In no case shall 
hourly rates of pay be reduced. 

AVhere necessary to maintain fair differentials between employees, 
hourly wage rates above the minimum shall be further equitably 
adjusted uj:) wards. 

Section 11. Time Rate oi' Piece Work. — This Article establishes 
mininunu rates of pay which shall apply irrespective of whether an 
employee is actually compensated on a time rate, piece work, or other 
basis. 

Article V — General Labor Provisions 

Section 1. Child Lahor. — 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 
hazardous in nature, or detrimental to health. The Code Authority 
for the Industry shall submit to the Administrator before the ex- 
piration of ninety (90) days after the efl'ective date of this Code, a 
list of such operations or occupations. In an}'' jurisdiction an em- 
ployer shall be deemed to have complied with this provision if he 
shall have on file a certificate or permit duly issued by the authority 



95 

empowered to issue employment or age certificates or permits, show- 
ing that the employee is of the required age. 

(a) Mandatory Provisions. — Employees shall have the right to 
organize and bargain collectively through representatives of their 
own choosing, and shall be free from the interference, restraint, or 
coercion of employers of labor, or their agents, in the designation 
of such representatives or in self-organization or in other concerted 
activities for the purpose of collective bargaining or other mutual 
aid or protection. 

(b) No employee and no one seeking employment shall be re- 
quired as a condition of employment to join any company union 
or to refrain from joining, organizing, or assisting a labor organi- 
zation 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. 

Section 2. State Laws. — No provision in this Code shall super- 
sede any State or Federal law which imposes on employers more 
stringent requirements as to age of employees, wages, hours of work, 
or health, sanitary, or general working conditions, or insurance, or 
fire protection, than are imposed by this Code. 

Section 3. Standards of Health and Safety. — Every employer 
shall provide for the safety and health of his employees during the 
hours and at the places of their employment. Standards for safety 
and health shall be submitted by the Code Authority to the Admin- 
istrator for approval within two (2) months after the effective date 
of this Code. 

Section 4. Postvng. — Each member of the Industry shall post com- 
plete copies of the portions of this Code relating to wages, hours, 
and general labor conditions in conspicuous places, accessible to em- 
ployees ; and shall comply with all rules and regulations as to posting 
which may be prescribed from time to time by the Administrator. 

Section 5. Reclassi'fication of Employees. — No employer shall 
reclassify employees, or reclassify ih^ duties or occupations per- 
formed by them, or change the method of compensation of em- 
ployees, or engage in any subterfuge which tends to or will defeat 
the purpose or provisions of the Act or of this Code. 

Section 6. Employment of Relatives. — Any person working in 
the Industry for a member of the Industry, other than the wife or 
husband of said member, shall be considered an " employee " as 
herein defined. Partners and stockholders of members of the In- 
dustry and others having proprietary interests in members of the 
Industry shall not, if employed thereby, be exempt from the hours, 
wage, and general labor provisions of this Code. 

Article VI — Unfair Trade Practices 

Section 1. False Advertising. — No member of the Industry shall 
publish advertising (whether printed, radio, display, or any other 
natirre) which is misleading or inaccurate in any material particu- 
lar, nor shall any member in any way misrepresent any goods (in- 
cluding, but without limitation, its use, trademark, grade, quality, 
quantity, origin, size, substance, character, nature, finish, material, 



96 

content, or preparation) or credit terms, values, policies, services, 
or the nature or form of the business conducted. 

Section 2. False Marking or Branding. — No member of the In- 
dustry 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 3. Samples. — No member of the Industry shall give free 
samples except when packed in bags or boxes plainly marked " Free 
Samples not to be Sold." 

Section 4. Independent Distributors. — No member of the Industry 
shall sell pretzels and/or products made from pretzel dough to an 
independent distributor or other member of the Industry, if such 
distributor or other member of the Industry, to the knowledge of 
the seller, is not complying with the provisions of this Code. Every 
member so refusing to sell shall forthwith notify the Code Authority 
of the refusal, and of all facts necessary to a complete understanding 
thereof. 

Section 5. Selling on Consignment. — No member of the Industry 
shall ship goods on consignment except where circumstances of the 
Industry require the practice under methods to be prescribed by the 
Code Authority subject to the approval of the Administrator. 

Section G. Piching up Containers and Covers. — No member of the 
Industry shall appropriate containers and/or covers of other mem- 
bers of the Industry. 

Section T. Furnishing Containers and Covers. — No member of the 
Industry shall furnish returnable metal pretzel containers and/or 
display covers without requiring a uniform deposit of at least 
twenty-five (25) cents on each, from each buyer to whom such metal 
pretzel containers and/or display covers are furnished. In all cases 
where a deposit is paid it shall be agreed that the same be refunded 
to the buyer making said deposit upon the return of the container 
and/or display cover in substantially good condition. 

Section 8. Selling Below Reasonable Cost during Emergency. — 
When the Code Authority determines that an emergency 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 Indus- 
try, such determination to be subject to such notice and hearing as 
the Administrator may require. The Administrator may approve, 
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 anj^ products of the 
Industry for which the lowest reasonable cost has been determined 
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. 

When it appears that conditions have changed, the Code Au- 
thority, upon its own initiative or upon the request of any interested 
party shall cause the determination to be reviewed. 

Section 9. Secret Rehatcs, Discounts., Etc. — No member of the 
Industry shall secretly offer or make any payment or allowance of 



97 

a rebate, refund, commission, credit, unearned discount or allowance, 
■'vhether in the form of money or otherwise. 

Section 10. Coordination with Other Codes. — The Industry, recog- 
nizing the value of uniform basic trade practice provisions for all 
food and grocerj^ manufacturing Codes, pledges cooperation in secur- 
ing the amendment of any trade practice provisions in this Code 
which may be in conflict with trade practice provisions approved by 
the President for the entire food and grocery manufacturing 
Industry. 

Section 11. Commercial 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 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 Imowledge of such 
employer, principal or party. This Section 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 defined. 

Article VII — Administration 

Section 1. A Pretzel Code Authority, consisting of seven (7) 
members, shall be selected forthwith from the members of the Indus- 
try for the purpose of administering, supervising, and promoting 
the operation of the provisions of this Code. 

The members thereof shall be selected as follows: five (5) mem- 
bers shall be elected by the members of the National Pretzel Manu- 
facturers Association and two (2) members shall be elected by and 
be a member of the Industry who is not a member of the National 
Pretzel Manufacturers Association to represent the members of the 
Industry that are not members of the said Association. 

The members of the Pretzel Code Authority shall hold office for 
a period of one year, or until their successors are elected and qualified. 
In the event of a vacancy caused by death or resignation of a member, 
the vacancy shall be filled in the same manner as the original member 
was selected. 

Section 2. In addition to membership as above provided, there 
may be one (1) to three (3) members, without vote, to be appointed 
by the Administrator, to serve for such time as he may designate, 
without expense to the Industry. 

Section 3. In order that the Pretzel 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 pre- 
scribe such hearings as he may deem proper; and thereafter if he 
shall find that the Pretzel Code Authority is not truly representa- 
tive or does not in other respects comply with the provisions of the 
Act, ma}^ require an appropriate modification in the method of selec- 
tion of the Pretzel Code Authority. 

Section 4. Nothing contained in this Code shall constitute the 
members of the Pretzel Code Authority partners for any purpose. 
Nor shall any member of the Pretzel Code Authority be liable in 
any manner to anyone for any act of any other member, officer, 



98 

agent or employee of the Pretzel Code Authority. Nor shall any 
member of the Pretzel Code Authority, exercising reasonable dili- 
gence 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. 

Section 5. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Pretzel Code 
Authority shall (1) impose no inequitable restrictions on member- 
ship, 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 member- 
ship, organization and activities as the Administrator may deem 
necessary to effectuate the purposes of the Act. 

Section 6. The Pretzel Code Authority shall have the following 
further powers and duties, subject to rules and regulations issued by 
the Administrator. 

(a) To insure the execution of the provisions of this Code and 
provide for the compliance of the Industry with the provisions of the 
Act. 

(b) To adopt 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. In 
addition to information required to be submitted to the Code Au- 
thority, members of the Industry shall furnish such statistical infor- 
mation as the Administrator may deem necessary for the purposes 
recited in Section 3 (a) of the Act, to such Federal and State agen- 
cies as he may designate; provided, that nothing in this Code shall 
relieve any member of the Industry of any existing obligation to 
furnish reports to any Government agency. No individual reports 
shall be disclosed to any other member of the Industry or any other 
party except to such governmental agencies as may be directed by 
the Administrator. 

(d) To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities proA'ided 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 agents or 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 and such other codes, if 
any, as may be related to or affect members of the Industr3^ 

(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 



99 

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 
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 contribution, shall 
be entitled to participate in the selection of members of the Cod© 
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. 

(g) The Code Authority shall maintain accurate book records 
of all receipts, disbursements, assets and liabilities, which shall be 
open at all times during the usual hours of business, to the inspec- 
tion of the Administrator or his duly authorized agent. 

(h) To recommend to the Administrator further fair trade prac- 
tice provisions to govern members of the Industry in their relations 
with each other or with other industries and to recommend to the 
Administrator measures for industrial planning, including stabili- 
zation of employment. 

(i) To appoint a trade practice committee which shall meet and 
confer with like committees to be appointed by Code Authorities 
of codes of related industries with a view to formulating fair trade 
practices to govern the relationship between production and distri- 
bution employers of such industries to the end that such fair trade 
practices may be proposed to the Administrator as amendments to 
this Code and to such other codes of related trades/industries. 

Section 7. 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. After such system and methods have been 
formulated full details concerning them shall be mailed to all 
members of the Industry. Thereafter all members of the Industry 
shall determine and/or estimate costs in accordance with the 
principles of such methods. 

SEcnoN 8. To recommend to the Administrator amendments or 
modifications to this Code, which upon approval by the Adminis- 
trator after such notice and hearing as he shall prescribe, shall be- 
come a part of this Code. 

Section 9. If the Administrator shall determine that any action 
of the Pretzel Code Authority or any agency thereof is unfair or 



100 

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 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 (30) days' notice to him 
of intention to proceed with such action in its original or modified 
form. 

Article VIII — IMiscellaneous Provisions 

Section 1. Modification. — 

(a) This Code and all the provisions thereof are expressly made 
subject to the right of the President, in accordance with the pro- 
visions of Section 10 (b) of the Act, to cancel or modify from 
time to time any order, approval, license, rule or regulation issued 
under Title I of the Act, and specifically but without limitation 
to the right of the President to cancel or modify his approval 
of any provision of this Code or any condition imposed by him 
upon his approval thereof. 

(b) This Code, except as to provisions required by the Act, may 
be modified on the basis of experience or changes in circumstances, 
such modifications to be based upon application to the Administra- 
tor and such notice and hearing as he shall specify, and to be- 
come effective on approval of the Administrator. 

(c) The Administrator, or the Pretzel Code Authority with the 
approval of the Administrator, may issue such interpretations of 
tliis Code as may be necessary for the effectuation or clarification 
of its purposes. ' ' 

Section 2. Monopolies. — The provisions of this Code shall not be 
interpreted or applied so as to permit monopolies or monopolistic 
practices or to eliminate or oppress small enterprises or to dis- 
criminate against them. 

Section 3. Subterfuge. — No member of the Industry shall use 
any subterfuge to frustrate the spirit and intent of this Code, which 
is, among other things, to increase employment by universal cove- 
nant, to remove obstructions to commerce, to shorten hours of work, 
and to raise wages to a living basis. 

Section 4. Effective Date. — This Code shall become effective on 
the third Monday after it shall have been approved. 



Approved Code No. 503. 
Registry No. 101-29. 



o 



Approved Code No. 504 
CODE OF FAIR COMPETITION 

FOR THE 

ANIMAL GLUE INDUSTRY 

As Approved on August 23, 1934 



ORDER 



Approving Code of Fair CoMPEiTnoN for jiir Animal Glue 

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 10, 1933, for approval of a Code of 
Fair Competition for the Animal Glue Industry, and hearing having 
been duly held thereon and the annexed report on said Code, con- 
taining findings witli respect thereto, having been made and directed 
to the President i 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
80, 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 III, Sections 1, 2 (e), (f) and 
(g) shall remain in force and effect for a period of sixty days be- 
ginning with the effective date of this Code and at the termination 
of said period shall be superseded respectively by the following 
provisions, unless on or before the termination of such sixty day 
period, the Code Authority shall amend, or modify the present 
Sections 1, 2 (e), (f) and (g), or justify the continuation of the 
same, whereupon, said provisions in their present form or as amended 
or modified shall become effective upon my approval: 

1. No employee shall be permitted to work in excess of forty (40) 
hours per week or eight (8) hours in any one day, except that em- 
ployees may be permitted to work forty-eight (48) hours in any 
calendar week, provided that not less than one and one-third times 
the normal wage rate shall be paid to employees for all hours worked 

81814°— — 1044-103 34 (101) 



102 

ill excess of forty (40) in any one calendar week or eight (8) in 
any one day. 

2 (e). Accounting, clerical, office, store, shipping service or inside 
sales employees, who shall not, however, be permitted to work in 
excess of forty (40) hours per week, except that in any one week's 
period in any one month not in excess of forty-eight (48) hours in 
any calendar week nor in excess of eight (8) hours in any one daj' to 
permit billings to be made and inventories to be taken. 

2 (f). Emploj'ees on automotive or horse-drawn passenger, ex- 
press, delivery, or freight service, who shall not, however, be per- 
mitted to work in excess of forty-five (45) hours per week, nor in 
excess of nine (9) hours in any one day, except upon receiving com- 
pensation of time and one-third for all hours worked in excess of 
those prescribed. 

2 (g). Engineers, and firemen, who shall not, however, be per- 
mittee! to work in excess of fortv-nve (45) hours in any one calendar 
Aveek, nor in excess of nine (9) hours in any one day, unless com- 
pensated by payment of time and one-third for all hours worked in 
excess of those prescribed. 

Hugh S. Johnson, 
Adniinidrator for Industrial Recovery. 

Approval recommended. 
Geo. L. Beery, 

Division Admin istrator. 

Washington, D.C, 

August 9.S, 193k. 



REPOKT TO THE PRESIDENT 

Tlie PUESIDENT, 

The White House. 
Sir: A Public Hearing on the Code of Fair Competition for the 
Animal Glue Industry, submitted by the National Association of 
Glue Manufacturers, Inc., was conducted in Washington on the 4th 
of April, 1934, in accordance with the provisions of the National 
Industrial Recovery Act. This Association claims to represent 
ninety-nine (99%) per cent of the Industry by volume of business. 

THE INDUSTRY 

The Animal Glue Industry includes the manufacture of glues 
made from materials of animal origin other than casein. The In- 
dustry is divided into the Hide Glue and Bone Glue Divisions, each 
using a different manufacturing process and competing in market- 
ing problems in few instances. There are about twenty-five concerns 
in the Industry. Some of the concerns are independent, some are 
connected with the meat packing or the leather industries. It is 
estimated that approximately three thousand persons, including sales 
and office employees, were engaged in the Animal Glue Industry dur- 
ing its busy season of 1929. Annual sales were estimated as about 
$20,000,000 in 1928. Sales decreased sharply between 1928 and 1932, 
but began to improve during early 1933 and increased in the second 
half of 1933 to nearly 80% of the 1929 dollar volume. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

The Code specifies, with certain exceptions, that no employee 
shall be permitted to work in excess of an average of forty hours 
per week in any six months' period, nor in excess of forty-eight hours 
in any one calendar week. Provision is made for payment of time 
and one-third for all hours worked in excess of eight in any one day 
or in excess of forty in any one calendar week. 

There are excepted from the basic work week employees who re- 
ceive thirty-five dollars or more per week and who are employed in a 
technical or professional capacity but not including skilled operating 
personnel; employees in a managerial, supervisory or executive 
capacity; supervisors or highly skilled workers in continuous proc- 
esses where restriction of hours would unavoidably reduce produc- 
tion; outside salesmen. Employees engaged in emergency mainte- 
nance and emergency repair work shall receive payment of time and 
one-third for all hours worked in excess of forty in any one week or 
eight hours in any day. Watchmen have a maximum work week of 
fifty-six hours, however, they are not permitted to work more than 
six days in any seven day period. 

(103) 



104 

Accounting; clerical, office, store, shipping service or inside sales 
employees are not permitted to work in excess of an average of forty 
hours per week in any three months' period nor in excess of eight 
hours per day nor forty-eight hours in any one calendar week. Em- 
ployees on automotive or horse drawn passenger service shall not be 
permitted to work in excess of an average of forty-six hours per 
week in any three months' period, nor in excess of nine hours in any 
one day nor forty-eight hours in any calendar week. 

The Code provides for a minimum wage of forty (40^) cents per 
hour ; except emploj'^ees engaged in light or nonhazardous work, such 
as wrapping, packaging and labeling who shall not be paid less than 
at the rate of thirty-five (35^) cents per hour; employees on account- 
ing, clerical, office, store, shipping service or inside employees and 
employees on automotive or horse-drawn passenger express, delivery 
or freight service who shall not be paid less than fifteen ($15.00) 
dollars per week in any city of over 500,000 population or in the 
immediate trade area thereof or fourteen ($14.00) dollars per week 
in any other part of the United States; messengers, junior clerks 
and others doing a junior grade of office or clerical work, who shall 
not exceed five (5%) per cent of total number of employees, who 
shall receive not less than twelve ($12.00) dollars per Aveek. 

The Code provides that a minimum rate of pay shall apply irre- 
spective of whether an employee is actually compensated on a time 
rate, piece work or other basis. 

The Code further provides that no i^erson under sixteen (16) years 
of age shall be employed in the Industry, and that no person under 
eighteen (18) years of age shall be employed in a hazardous occupation. 

ECONOMIC EFFECTS OF THE CODE 

It has been reported that in 1929 the Industry employed 3000 per- 
sons, and had annual sales of about $20,000,000 in 1928. In 1933 the 
Industry reported but 1500 employees, however, in April 1934 it is 
estimated that 3000 persons were employed and in the last half of 
1933 the sales volume was 80% of that in 1929. 

The minimum wage of forty cents per hour is about equal to that 
of 1929 and considerably above that paid in the Industry before the 
adoption of the President's Keemployment Agreement. 

The Code provisions will reduce the average hours per week by 
twenty-eight per cent from the 1929 peak. 

Since most of the firms are now operating under the Code provi- 
sions only a relatively small further increase in employment can be 
exi>ected,^ but it is estimated that an increase in ])ayrolls will amount 
to about ten per cent above the figure for April 1934. 

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 of 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 



105 

removal of obstructions to the free flow of inter-state and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of indus- 
try for the purpose of cooperative action among the trade groups, 
by inducing and maintaining united action of labor and manage- 
ment under adequate governmental sanctions and supervision, by 
eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by 
reducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating Industry. 

(b) Said Industry normally employs not more than 50,000 em- 
ployees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant associa- 
tion is an industrial association truly representative of the aforesaid 
Industry; and that said association imposes no inequitable restric- 
tions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said Code. 

For these reasons, this Code of Fair Competition for the Animal 
Glue Industry has been approved. 
Respectfully, 

Hugh S. Johnson, 

Administrator, 
August 23, 1934. 



CODE OF FAIR COMPETITION FOR THE ANIMAL GLUE 

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 
Competition for the Animal Glue Industry, and shall be the stand- 
ard of fair competition for such Industry and shall be binding 
upon every member thereof. 

Article II — Definitions 

Section 1. The term "Animal Glue Industry " as used herein 
means and includes the manufacture and sale by the manufacturer 
of glue made from materials of animal origin. There shall be 
excepted herefrom casein. 

Section 2. The term " Member of the Industry " includes 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, either directly or indirectly or through a sub- 
sidiary or subsidiaries. 

Section 3. The term " Hide Glue Division " as used herein, means 
that division of the Industry engaged in the manufacture of glue 
made from tissues and skins of animal origin, not including, how- 
ever, glue made from bones. 

Section 4. The term " Bone Glue Division " as used herein, means 
that Division of the Industry engaged in the manufacture of glue 
made from bones. 

Section 5. The term " Member of the Hide Glue Division " in- 
cludes any member of the Industry engaged in the Hide Glue Divi- 
sion as hereinabove defined. 

Section G. The term " Member of the Bone Glue Division " in- 
cludes any member of the Industry engaged in the Bone Glue Divi- 
sion as hereinabove defined. 

Section 7. The term " employer " as used herein includes anyone 
by whom such employee is compensated or employed. 

Section 8. The term " employee " as used herein includes any 
and all persons engaged in the Industry, however compensated, 
except a member of the Industry. 

Section 9. The term " 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. 

(IOC) 



107 
Ahticle III ^ — Hours 

MAXIMUM HOURS 

Sectiox 1. No C'lnploj'ee shall be permitted to work in excess of 
an average of forty (40) hours per week in any six (6) months' 
period, nor in excess of forty-eight (48) hours in any one calendar 
week, except as hereinafter providecL Not less than one and one- 
third (iVs) times the normal wage rate shall be paid to employees 
for hours worked in excess of forty (40) hours in any one calendar 
week or in excess of eight (S) hours in any one day. 

EXCEPTION AS TO HOURS 

Section '1. The foregoing provisions regarding maximum liours 
^iiall noL apply to the foUoAving: 

(a) Employees who receive thirty-five ($35.00) dollars or more 
per week and wdio are employed in a technical or professional 
cai)acity (not including .skilled operating personnel), employees in 
a managerial, supervisory, or executive capacity, or higlily skilled 
workers in continuous processes where restriction of iiours would 
unavoidabh" reduce production. 

(b) Outside salesmen. 

(c) Emploj'ees engaged in emergency maintenance and/or emer- 
gency repair work, involving breakdown or protection of life or 
property, who shall, however, be paid not less than one and one- 
third (IVs) times the normal w^age rate for hours w^orkecl in ex- 
cess of forty (40) houi's in any one week or in excess of eight (8) 
hours in any one day. 

(d) ^^■atcllmen, who shall not, however, be permitted to work in 
excess of fifty-six (5G) hours in any seven (7) day period, nor more 
than six (6) days in any such x^eriod. 

(e) Accounting, clerical, office, store, shipping service or inside 
sales emploj'ees, who shall not, however, be permitted to work in 
excess of an average of forty (40) hours per week in any three 
(3) months' period, nor in excess of forty-eight (48) hours in any 
calendar week, nor in excess of eight (8) hours in any one day. 

(f) Employees on automotive or horse-drawn passenger, express, 
delivery, or freight service, who shall not, how^ever, be permitted to 
work in excess of an average of forty-six (46) hours per week in any 
three (3) months' period, nor in excess of forty-eight (48) hours in 
any calendar week, nor in excess of nine (9) hours in any one day. 

(g) Engineers, and firemen, who shall not, however, be permitted 
to work in excess of forty-eight (48) hours in any one calendar 
week, nor in excess of eight (8) hours in any one day. 

E31PL0YMENT BY SEVERAL EMPLOYERS 

Section 3. No employer shall knowingly permit any employee to 
work for any time which, when totaled with that already performed 
with another employer or employers exceeds the maximum per- 
mitted herein. 



1 See paragraph 2 of onler approving this Code. 
81814° 1044-103 34 2 



108 

STANDARD WEEK 



Section 4. No employee shall be permitted to work more than, 
six (G) days in any seven (7) day period. 



Article IV — Wages 

MINIiVIU^M AVAGE3 

Section 1. Except as hereinafter provided, no employee shall be 
paid less than at the rate of forty (40^') cents per hour. 

exceptions as to :\riNi:\iuM wages 

Section 2. The foregoing- provisions regarding minimiun wage 
rates shall not apply to the following : 

(a) Employees engaged in light and nonhazardous work, such 
as wrapping, packaging and labelling, who shall be paid not less 
than at the rate of thirty-five (35^0 cents per hour. 

(b) Employees of the classes mentioned in Subsections (e) and 
(f) of Section 1 of Article III, who shall be'.po^d not less than at 
the rate of ' * 

$15.00 ])er week in any city of over 500,000 population, or in 
the immediate trade area of such city, and 
$14.00 per week in an}' other place. 

(c) Messengers, junior clerks, or others doing a junior grade of 
office or clerical work, who shall be paid not less than at the rate 
of twelve ($12.00) dollars per week, but the number of such em- 
ployees shall not exceed five (5%) per cent of the total number of 
office employees in any establishment. 

piecework co:m pensatton — :mtni :\iu?.i wages 

Section 3. This Article establishes a minimum rate of pay wliich 
shall aj^ply, irrespective of whether an employee is actually com[)en- 
sated on a time rate, piecework or other basis. 

WAGES ABOVE MINIMU:M 

Section 4. Tliere shall be an equitable adjustment of all wages 
above the minimum, and to that end. within thirty (30) daj's from 
the approval of this Code, the Code Authority shall submit for the 
approval of the Administrator a proposal for adjustment in wages 
above the minimum. Upon approval by the Administrator, after 
such hearing as he may prescribe, such proposal shall become binding 
as a part of this Code, ])rovided, however, that in no event shall 
hourly rates of paj^ be reduced. 

FE:\rAEE e:mployees 

Section 5. Female employees jjerforming substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. 



109 

HANDICAPPED PERSONS 

Section G. A person whose earning capacity is limited because of 
age or phj-sical or mental handicap may be employed on light work 
at a wage below^ the minimum established by this Code if the em- 
])loyer obtains from the State Authority designated by the United 
States Department of Labor a certificate authorizing his employment 
at such wages and for such hours as shall be stated in the certificate. 
Each employer shall file 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. 

Article V — General Labor and Other Provisions 

CHILD LABOR 

Section 1. No person under sixteen (IC) years of age shall be 
employed in the Industry. No person under eighteen (18) years of 
age shall be employed at operations or occupations wdiich are haz- 
ardous in nature or dangerous to health. The Code Authority shall 
submit to the Administrator within thirty (30) days from the ap- 
]n-oval of this Code a list of such operations or occupations. In any 
State an emploj^er shall be deemed to have complied wath this pro- 
vision as to age if he shall have on file a certificate or permit duly 
signed by the Authority in such State empowered to issue employ- 
ment or age certificates or permits showing that the employee is of 
the required age. 

PROVISIONS FROM THE ACT 

Section 2. (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 cm- 
ploj'ers 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 emploj'ment shall he re- 
quired as a condition of employment to join any compan}^ union or 
to refrain from joining, organizing, or assisting a labor organization 
of his own choosing, and 

(c) Employers shall comply with tlie maximum hours of labor, 
minimum rates of pay, and other conditions of employment approved 
or prescribed by the President. 

evasion through subterfuge 

Section 3. No emploA'er .shall reclassify employees or duties of 
occupations ])erformed or engage in any other subterfuge for the 
purpose of defeating the purposes or provisions of the Act or of 
this Code. 

standards for safety and health 

Section 4. Every employer shall provide for the safety and health 
of employees during the hours and at the places of their employ- 



110 

nient. Standards for safety and health shall be submitted by the 
Code xVnthority to the Administrator within six (6) months after 
the effective date of the Code. 

Sl'ATi: I.AA\'S 

Sectiox 5. No provision in this Code shall supersede any State 
or Federal law which imposes on employers more stringent require- 
ments as to age of employees, wages, hours of work, or as to safety, 
health, sanitary or general working conditions, or insurance, or fire 
protection, than ai'e imposed b}' this Code. 

rOSTING 

Section G. All employers shall post and keep posted copies of 
this Code in conspicuou.s 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 froiii time to time be prescribed by the Administrator. 

niSMISSAL FOR COAll'LAINT 

Section T. No employee shall be dismissed by reason of making st 
ro]nphiint or giving evidence w^ith respect to a violation of this 
Code. 

Ar.TICLE VI OltOANIZATION, PoWERS AND DuTIE.S OF THE 

Code Authority 
or(ianizatk)n ano constitution 

Section 1. To further effectuate the policies of the Act, a Code 
Authority is hereby established and known as the Code Authority 
of the Animal Glue Industry. In addition the Industry .shall be 
classified into two Divisions, known as (1) Hide Glue Division, 
(2) Bone Glue Division, and each such Division shall have its own 
Divisional Code Authority, composed of the members of the Code 
Authority representing their respective Divisions, as hereinafter 
provided. 

Section 2. The Code Authority shall consist of seven (7) mem- 
bers to be selected as follows: Three (3) members shall be selected 
from the Hide Glue Division, by the vote of members thereof repre- 
senting three-fourths in number of the members of the Hide Glue 
Division and representing three-fourths of the dollar sales volume 
for the preceding calendar year of the members of the Hide Glue 
Division entitled to vote. Three (3) members shall be selected from 
the members of the Bone Glue Division by the vote of members 
representing three-fourths in number of the members of the Bone 
Glue Division, and members representing three-fourths of the dollar 
sales volume for the preceding calendar year of the members of the 
Bone Glue Division entitled to vote. The seventh member of the 
Code Authority shall be without vote and shall be a person of their 
own choosini^ and shall be chosen bv tlic vote of members of the 



Ill 

Industry representing three-fourths in number of the members of 
the Industry, and members representing three-fourths in dollar sales 
volume for the preceding calendar year of the members of the 
Industry entitled to vote. 

Section 3. In addition to membership of the Code Authority, a3 
above provided, there may be three (3) members, without vote and 
without compensation from the Industry, to be appointed by the 
Administrator and to serve such terms as he may specify. 

Section 4. Each trade or industrial association directly or in- 
directly participating in the selection or activities of the Code Au- 
thority shall: (a) Impose no inequitable restrictions on membership, 
and (ij) 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 5. In order that the Code Authority shall at all times be 
truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Administrator may provide such 
hearings as he may deem proper, and thereafter if he shall find that 
the Code Authority i^s not truly representative or does not in other 
respects comply with the provisions of the Act, may require an ap- 
propriate modification in the method of selection of the Code 
Authority. 

Section 6. If the Administrator shall at any time determine that 
any action of the Code Authority or any agency thereof may be un- 
fair 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 consid- 
eration by 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 moditiecl form. 

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 any- 
one for any act of any other member, officer, agent or emplo^^ee of 
the Code Authorit}^ Nor shall any member of the Code Authority 
exercising reasonable diligence in the conduct of his duties hereunder 
be liable to anyone for any action or omission to act under this Code, 
except for his own wilful malfeasance or nonfeasance. 

powers and duties 

Section 8. 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 provi- 
sions of this Code. 

(a) To insure 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 and enforcement of the Code. 



112 

(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 necessary 
for the purposes recited in Section 3(a) of the Act to such Fed- 
eral 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 indi- 
vidual 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 recommendations to the Administrator for the co- 
ordination of the administration of this Code with such other codes, 
if any, as may be related to the Industry. 

(f) 1. It being found necessary to support the Administration of 
this Code, in order to effectuate the policy of the Act and to main- 
tain 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 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 necessar3^ 

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 therefore 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 
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 obligation 
substantially in excess of the amount thereof as estimated in its ap- 
I)roved budget; and shall in no event exceed the total amount 



113 

contained in the approved budget except upon approval of the Ad- 
ministrator ; 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 reconnnend 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 
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 ho may specify. 

(h) To appoint a Trade Practice Committee which shall meet Avith 
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 amendments to 
this Code and such other Codes. 

Section 9. The members of each Division of the Industry, namely, 
(a) Hide and (b) Bone, shall constitute a separate and distinct 
Divisional Planning and Fair Practice Agency for the respective 
Division; and each such Agency shall adopt rules and regidations 
for the procedure and conduct of its members and representatives, 
subject to the approval of the Administrator. 

The Hide Glue Division, and the Bone Glue Division, shall be 
independent and self-governing in all problems relating exclusively 
to their respective Division. To this end each Agency shall : 

(a) Consider all cases of alleged violations of the trade practice 
provisions of this Code by a member or members of the particular 
Division and make such recommendations thereon to the Code Au- 
thority as it maj^ deem advisable; and thereupon the Code Authority 
shall be required to take such action as may be necessary in the 
interest of the Division affected. 

(b) To recommend to the Administrator aft<'r such notice and 
hearing as he may prescribe such other or further provisions con- 
cerning unfair methods of competition with respect to its own Di- 
vision of the Industry; upon the approval thereof by the Adminis- 
trator, the same shall become part of this Code and binding upon 
all members of the Division concerned. 

(c) With the a])proval of the Administrator thereto, after such 
notice and hearing as he may ])rescribe, to make such amendments, 
modifications and/or additions to this Code as shall apply to its own 
particular Division of the Industry and as shall not lessen or im- 
pair the rights, powers or duties conferred by this Code upon the 
Code Authority and/or other Divisions of the Industry. 

(d) To propose to the Code Authority amendments and/or modifi- 
cations of this Code, but no such amendments and/or modiiications 
shall be presented by such Code Authority for consideration by or 
approval of the proper authority without first having been approved 
by three-fourths of the members of each of the respective Divisions 
of the Industry, and without having been concurred in by members 



k 



114 

of such respective Division representing three-fourths of the dollar 
sales volume of such respective Divisions for the preceding calendar 
year. . 

Article ^^II — Unfair Methods of Competition 1 

Section 1. The following practices constitute unfair methods of 
competition and shall constitute a violation of this Code : 

(a) To procure, by fraud, misrepresentation or other unfair 
means, any information concerning the business of such member 
which is properly regarded by it as a trade secret or confidential 
Avithin its organization other than information relating to a violation 
of any provision of the Code. 

(b) To 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. 

(c) To promise or arrange reciprocity of any kind for the pur- 
pose of influencing a sale. 

(d) To imitate, or simulate any design, style, mark or brand used 
by any other member of the Industry in a manner which is intended 
to or does deceive or mislead purchasers or prospective purchasers. 

(e) To disseminate, publish, or circulate any false or misleading 
information relative to any product or price for any product of 
any member of the Industry, or the credit standing of ability of 
any member thereof, or the performance of any work or manufac- 
ture or production of any product, or the conditions of employment 
among the employees of any member thereof. 

(f) Wilfully to induce or attempt to induce the breach of exist- 
ing contracts between competitors and their customers by any false 
or deceptive means, or interfere with or obstruct the performance of 
any such contractual duties or services by any such means, with the 
purpose and effect of hampering, injuring or embarrassing com- 
petitors in their business. 

(g) To make or give to any purchaser of any product any guar- 
tee or protection in any form against decline in the market price 
of such product. 

(h) To give free samples in excess of five (5) pounds of any one 
gi-ade. 

(i) To deliver the products thereof on consignment except to an 
affiliated company of such member. An ajEfiliated company shall 
mean a company in which a member of the Industry has a voting 
control through the record or equitable title of the voting stock 
thereof, or has control of such company in any other manner. 

(j) To make false statements or reports, written or oral, required j 
pursuant to any of the provisions of this Code or required by the 
Administrator. 



115 

(k) Knowingly to withhold from or insert in any quotation or 
invoice any statement that makes it inaccurate in any material 
particular. 

TRADE TERMS 

Section 2. (a) All invoices covering domestic sales by members of 
the Industry shall be due and payable within thirty (30) days from 
the date of invoice, provided, however, that there shall be twenty 
(20) days free time for shipments from the Atlantic ports to Pacific 
ports or vice versa made by a member directly to a bona fide pur- 
chaser, and five (5) days free time for shipments made from Eastern 
territory to the Mississippi Valle}' Section or vice versa. 

(b) The discount which may be allowed for cash shall not exceed 
two (2%) per cent for payment within ten (10) days from date of 
invoice, or for payment in cash or invoices dated from the first to 
the fifteenth of any month, inclusive, and paid on or before the 
2oth of each month, or for invoices dated from the sixteenth to 
the end of any month, inclusive, and which are paid on or before the 
tenth of the succeeding month. 

Article VIII — ^VIgdification 

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 Hie Act, from time to 
time to cancel or modify any order, approval, license, rule or regula- 
tion issued under said Act. 

Section 2. Any member of the Industry may propose an amend- 
ment to this Code to the Code Authority or to the Administrator. 
Each amendment proposed to the Code Authority shall be submitted 
to a meeting of the Code Authority, and if the Code xluthority shall 
approve thereof the amendment so proposed shall be submitted to 
the members of the Division or Divisions of the Industry' affected 
thereby and eligible to vote. If at such meeting, the members of the 
Industry representing three-fourths of the members of such Divi- 
sion or Divisions and concurred in by members of such respective 
Division or Divisions representing three-fourths of the dollar sales 
volume of such respective Division or Divisions for the preceding 
calendar year, shall vote in favor of the adoption of such amend- 
ments, such amendments shall be submitted by the Code Authority 
to the Administrator for approval. 

Article IX — ]Monopolies 

No provision of this Code shall be so applied as to permit monop- 
olies or monopolistic practices, or to eliminate, oppress, or discrimi- 
nate against small enterprises. 

Article X — ErFECTi\'E Date 

This Code shall become effective on the second Monday after its 
approval by the President. 



Approved Code No. 504. 
Registry No. GOl-01. 



O 



Approved Code No. 505 
CODE OF FAIR COMPETITION 

FOR THE 

BLACKBOARD AND BLACKBOARD ERASER 
MANUFACTURING INDUSTRY 

As Approved on August 23, 1934 



ORDER 



Code of Fair Competition for the Blackboard and Blackboard 
Eraser 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 Blackboard and Blackboard Eraser Manu- 
facturing 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 Executive Order No. 6543-A, dated December 
30, 1933, and otherwise: do hereby incorporate by reference said 
annexed report and do find that said Code complies in all respects 
with the pertinent provisions and will promote the policy and 
purposes of said Title of said Act; and do hereby order that said 
Code of Fair Competition be and it is hereby approved. 

Hugh S. Johnson, 
Administrator for Indicstrial Recovery. 

Approval recommended. 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

August 23, 1934. 

82064° 1044-104 34 (117) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The public hearing on the Code of Fair Competition for 
the Blackboard and Blackboard Eraser Manufacturing Industry of 
the United States, submitted by the National School Supply Asso- 
ciation, 176 West Adams Street, Chicago, Illinois, was conducted 
in Washington, D.C. on the 25th day of April, 1934, in accordance 
with the provisions of the National Industrial Recovery Act. The 
Association claims to represent 90 percent, by volume, of the 
Industry. 

The hours established under the Code are 40 per week, with the 
exception of one period, not to exceed 12 weeks in any calendar year, 
during which period employees may be permitted to work 48 hours 
per week, provided they are paid at least one and one-half times 
the normal rate of pay for all hours worked in excess of 40 per 
week. 

Exceptions are allowed for watclimen, who may be employed 56 
hours per week, and for traveling salesmen, executives, administra- 
tive and/or supervisory employees who receive $35.00 or more per 
week. 

The minimum wages established under this Code are 40 cents per 
hour for males and 35 cents per hour for females. Office employees 
shall receive a minimum of $15.00 per week. Protection of emploj^ees 
on piecework performance is guaranteed. 

Exceptions to the minimum wages are allowed to office boys and 
office girls under eighteen years of age, who shall receive at least 
80% of the minimum wage. The number of such employees is lim- 
ited to five percent of the total number of office employees. Excep- 
tions are also allowed to handicapped persons whose earning capacity 
is limited, provided the employer obtains a certificate authorizing 
such employment from the State authority designated by the United 
States Department of Labor. 

The Deputy Administrator in his final report to me on said Code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter: 

I find that : 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of in- 
dustry for the purpose of cooperative action among 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 possi- 

(118) 



119 

ble utilization of the present productive capacity of industries, by 
avoiding undue restriction of production (except as ma}'' be tem- 
porarily required) , by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 em- 
ployees; and is not clasified by me as a major industry. 

(c) The Code as approved complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof ; and that the applicant asso- 
ciation is a trade association truly representative of the aforesaid 
Industi*y; and that said association imposes no inequitable restric- 
tions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said Code. 

This Industry has cooperated in a most satisfactory manner with 
the Administration in the preparation of this Code. From the evi- 
dence adduced during this hearing and from recommendations and 
reports from 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 for these reasons has been 
approved. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 23, 1934. 



CODE OF FAIK COMPETITION FOR THE BLACKBOAED 
AND BLACKBOARD ERASER MANUFACTURING IN- 
DUSTRY 

Article I — Purposes 

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 Blackboard and Blackboard Eraser Manufacturing Industry, 
and its provisions shall be the standards of fair competition for such 
Industry and be binding upon every member thereof. 

Article II — Definitions 

1. The term " Industry " as used herein includes the manufacture 
and sale by the manufacturer of manufactured blackboard and black- 
board erasers (except slate blackboards) and such related branches 
or subdivisions as may from time to time be included under the pro- 
visions of this Code. 

2. The term " member of the Industry " or " member " 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. 

3. The term " emplo3'^ee " as used herein includes any and all 
persons engaged in the Industry, however, compensated, except a 
member of the Industry. 

4. The term " employer " as used herein means anyone by whom 
such employee is compensated or employed. 

5. 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. 

Article III — Hours 

Section 1. No employee, except as hereinafter provided, shall be 
permitted to Avork in excess of forty (40) hours in any one week or 
eight (8) hours in any one day; except that in case of seasonal demand 
periods employees may be permitted to work forty-eight (48) hours 
in any one week, but not more than eight (8) hours in any one day; 
provided, however, that at least time and one-half the normal rate 
of pay shall be paid for all hours in excess of forty (40) per week. 
The peak period shall not exceed twelve (12) weeks in any calendar 
year. 

Section 2. The provisions of Section 1 of this Article shall not 
apply to watchmen, who may be employed not to exceed fifty-six 
(56) hours per week, traveling salesmen or to employees engaged in 

(120) 



121 

an executive, administrative and/or supervisory capacity who receive 
thirty-five dollars ($35.00) or more per week. Foremen engaged 
in mechanical operations or manual labor are not included in the 
above exemption. 

Section 3. Employers or members of the Industry who personally 
erform manual work or are engaged in mechanical operations shall 
e subject to the same maximum hours provided in this Article 
for employees. 

Section 4. No employees shall be permitted to work more than 
six (6) days in any seven (7) day period. 

Section 5. 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 exceeds the 
maximum permitted herein. 

Article IV — Wages 

Section 1. (a) No male employee shall be paid in any pay period 
less than at the rate of forty cents (40^) per hour, except as herein- 
after provided, 

(b) No female employee shall be paid in any pay period less than 
at the rate of thirty-five cents (35^) per hour, except as hereinafter 
provided. 

Section 2. No accounting, clerical, office, service, or sales employee 
(including outside salesmen) shall be paid less than at the rate 
of fifteen dollars ($15.00) per week. Office boj's and office girls 
under eighteen years of age shall be paid not less than at the rate 
of eighty percent (80%) of the above minimum, provided that the 
number of such employees shall not exceed five percent (5%) of the 
total number of office employees. Members of the industry employ- 
ing less than twenty office employees may employ one such person. 

Section 3. 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 
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 employed 
by him, showing the wages paid to, and the maximum hours of 
work for such employees. 

Section 4. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. Female employees engaged to replace male employees 
shall be paid at least the rates of the men whom 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 are 
employed and in which women are employed exclusively. 

Section 5. This Article establishes minimum rates of pay which 
shall apply, irrespective of whether an employee is actually compen- 
sated on a time rate, piece-work, or other basis. 



122 

Section 6. Employers shall not reduce the rates of wages for em- 
ployees whose rates are now in excess of the minimum rate of wages 
herein provided (notwithstanding that the number of hours worked 
in such employment may be hereby decreased), and where in any case 
an employer has not increased the rates of wages for such employees 
since July 1, 1933, by an equitable adjustment of all such wage rates, 
such employer shall adjust all such wage rat^s. Within thirty days 
after the enective date of this code each member of the industry shall 
submit to the Code Authority a detailed report concerning such 
adjustment, and the Code Authority shall report such adjustments to 
the Administrator. This provision shall be interpreted in the same 
manner that paragraph seven of the President's Reemployment 
Agreement has been interpreted by the Administrator in Interpre- 
tations, Numbers One and Twenty. 

Section 7. Homework in this Industry is hereby prohibited, 
except in accordance with the Executive Order of the President 
No. 6711-A, dated May 15, 1934. 

Section 8. Wages shall be paid only in cash or negotiable check 
payable on demand. 

Article V — General Labor Provisions 

Section 1. No persons under eight-een (18) years of age shall be 
employed in the Industry except as office boys or office girls. No 
person under sixteen (16) years of age shall be employed in the 
Industry in any capacity. In any State any employer shall be deem- 
ed 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, (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 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 re- 
quired as a condition of employment to to join any company union 
or to refrain from joining, organizing, or assisting a labor organiza- 
tion of his own choosing, and 

(c) Employers shall comply with the maximum hours of labor, 
minimum rates of pay, and other conditions of employment approved 
or prescribed by the President. 

Section 3. 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 4. Every employer shall provide for the safety and 
health of employees during the hours and at the places ot their 
employment. Standards for safety and health shall be submitted 
by the Code Authority to the Administrator for approval within 
three months after the effective date of the Code. 

Section 5. No provision in this Code shall supersede any State 
or Federal law which imposes on employers more stringent require- 



123 

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 
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 b}?^ the Administrator. 

Section 7. No employee now employed at a wage 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 8, 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 Code. 

Article VI — Organization, Powers and Duties of the Code 

Authority 

organization and constitution 

Section 1. A Code Authority is hereby established to cooperate 
with the Administrator in the administration of this Code and shall 
consist of four (4) persons to be chosen by the Industry through 
a fair method of selection, approved by the Administrator. 

Section 2. In addition to membership as above provided, there 
may be not more than three members, without vote, to be known as 
Administration 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 in- 
directly participating in the selection or activities of the Code 
Authority shall (1) impose no inequitable restrictions on member- 
ship, 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 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 tinily 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 wilful malfeasance or nonfeasance. 

Section 6. If the Administrator shall at any time determine that 
any action of a Code Authority or any agency thereof may be unfair 



124 

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. 

POWERS AND DUTIES 

Section 7. 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 
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 he may designate; provided that nothing in this 
Code shall relieve any member of the industry of any existing obliga- 
tions to furnish reports to any Government agency. No individual 
report shall be disclosed to any other member oi 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 
porper for the foregoing purposes and to meet such obligations out 
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 or affect members of the Industry. 

(f ) 1. It being found necessaiy in order to support the Adminis- 
tration of this Code, 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 mav 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 ; 



125 

(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 Industiy comphang 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 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. 

3. 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 an}^ 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 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 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 amendments 
to this code and such other codes. 

(i) To provide appropriate facilities for arbitration, except labor 
disputes and subject to the approval of the Adm.inistrator, to pre- 
scribe rules of procedure and rules to effect compliance with awards 
and determinations. 

(j) To recommend and submit to the Administrator a merchan- 
dising plan for the Industry that shall become effective on his 
approval. 

(k) To cause to be formulated methods of cost finding and ac- 
counting 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 contained shall be construed to permit 
the Code Authority, any agent thereof, or any member of the indus- 
try to suggest uniform additions, percentages or differentials or 



126 

other uniform items of cost which are designed to bring about arbi- 
trary uniformity of costs or prices. 

Article VII — 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 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 desig- 
nated by the Code Authority. Said price terms shall in the first 
instance be filed within thirty days after the date of approval of this 
provision. Price terms and revised price terms shall become effec- 
tive immediately upon receipt thereof by said agent. Immediately 
upon receipt thereof, said agent shall by telegraph or other equally 

Brompt means notify said niember of the time of such receipt. Such 
sts and revisions, together with the effective time thereof, snail upon 
receipt be immediately and simultaneously distributed to all members 
of the industry and to all of their customers who hav^e 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 list 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 aforesaid ; provided, that prices filed 
in the first instance shall not be released until tlie expiration of the 
aforesaid thirty 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 of the Cod© Authority shall furnish to tlie Administrator or 
any duly designated agent of the Administrator copies of any such 
lists or revisions of price terms. 

Section 2. AVlien 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 mdustry 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 sliall 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 industry 
to change his price terms by the use of intimidation, coercion, or 
any other influence inconsistent with the maintenance of the free and 
open market w^hich it is the purpose of this Article to create. 



127 
Article VIII — Trade Practice Rul^s 

1. No member of the Indiistry shall is^ue advertising (whether 
printed, radio, display or of any other nature) which is misleading 
(?r inaccurate in an}- material particular, nor shall any member in 
any way misrepresent any goods (including but without limiting 
its use, trade mark, ^-ade, quality, origin, size, substance, character, 
nature, finish, material content or preparation) or credit terms, val- 
ues, policies, services, or the nature or form of the business conducted. 

2. No member of the Industry shall withhold from or insert in 
any quotation or invoice any statement that makes it inaccurate in any 
material particular. 

3. No member of the Industry shall brand or mark or pack any 
goods in any manner which is intended to or does deceive or mis- 
lead purchasers with respect to the brand, grade, quality, quantity, 
origin, size, substance, character, nature, finish, material content, or 
preparation of such goods. 

4. No member of the Industry shall publish advertising which re- 
fers inaccurately in any material particular to any competitors or 
their goods, prices, values, credits, terms, policies, or services. 

5. No member of the industry shall publish or circulate unjus- 
tified or unwarranted threats of legal proceedings which tend to or 
have the effect of harassing competitors or intimidating their cus- 
tomers. Failure to prosecute in reasonable time shall be evidence 
that any such threat is unwarranted or unjustified. 

6. No member of the Industry shall secretly offer or make any pay- 
ment or allowance, or a rebate, refund, commission, credit, unearned 
discount, or excess allowance, whether in the form of money or 
otherwise, nor shall a member of the industry secretly offer or extend 
to any customer any special service or privilege not extended to all 
customers of the same class, for the purpose of influencing a sale. 

T. No member of the Industry shall ship goods on consignment ex- 
cept under regulations prescribed by the Code Authority and ap- 
proved by the Administrator. 

8. 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 employees, 
the principal of such agent or the represented party, without the 
knowledge of such emploj^er, 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. 

9. No member of the Industry shall wilfully induce or attempt to 
induce the breach of existing contracts between competitors and their 
customers by any false or deceptive means, or interfere with or ob- 
struct the performance of any such contractual duties or services by 
any such means, with the purpose and effect of hampering, injur- 
ing or embarrasing competitors in their business. 

iO. No member of the Industry shall require that the purchase or 
lease of any goods be a prerequisite to the purchase or lease of any 
other goods. Nor shall any member of the industry deliver prod- 
ucts in quantities in excess of that actually ordered and for which 



128 

the buyer has contracted to pay, nor send unordered products either 
to regular or prospective customers. 

11. No member of the Industry shall offer employment to or en- 
tice away employees of another member of the Industry for the 
purpose of securing thereby confidential information concerning 
trade secrets, or other confidential data of a member of the Indus- 
try's business, the possession of which would unduly hamper, injure 
or embarrass members of the Industry in their business ; but nothing 
in this paragraph shall prevent an employee from offering his serv- 
ices to a competitor or prevent any employer from employing the 
emjjloyee of another member of the Industry, if the initiative is 
taken by the employee. 

12. No member of the Industi-y shall imitate trade marks, trade 
names, slogans or other marks of identification of competitors prod- 
ucts for the purpose of unduly hampering or embarrassing a com- 
petitor and/or for the purpose of deceiving the prospective pur- 
chasers of such products; nor shall any member of the Industry 
catalogue a manufacturer's product which is not sold by that member 
of the Industry. 

13. No member of the Industry shall ship or deliver products 
which do not conform to the samples submitted or representation 
made prior to the order, nor shall any member of the Industry recom- 
mend specifications which are known to be faulty or hazardous from 
a construction viewpoint, or secretly change specifications in figur- 
ing estimates for the purpose and effect of misleading competitors 
and customers or execute any contract other than in strict accordance 
with the construction specifications on which the contract was esti- 
mated and secured. 

14. No member of the Industry shall accept the return of goods 
for credit unless permission therefor is granted prior to the return 
and unless the same are returned within thirty days from the date 
of shipment and in no case shall the manufacturer defray any of 
the transportation charges or other expenses incurred in handling 
or reconditioning such goods. This snail not apply to products 
returned on account of defects in manufacture, or error or delay 
in shipment, non-conformity with sample, or breach of warranty. 

15. No member of the Industry accepting products for recondi- 
tioning and reshipment to same purchaser shall defray or absorb 
any transportation or other expense incidental to handling or recon- 
ditioning of such products, except in cases of reconditioning neces- 
sitated by such member's breach of warranty or defects in manu- 
facture. 

16. No member of the Industry shall make fictitious or blind bids 
for the purpose of deceiving competitors or purchasers, or any 
attempt through connivance to have all bids rejected to the end 
that a more advantageous position may be secured in new bidding. 

(a) Nor shall any member of the Industry bid a lump sum for 
a group of items. In all competitive bids the price of each class of 
units shall be stated for eacli item. 

17. No member of the Industry shall discriminate between custo- 
mers of the same class and prices to all customers shall be the price 
filed by the individual member of the Industry in his current list 
price and/or discount sheets. They shall apx)ly on all orders for the 



129 

same quantity of a given item taken at the one time and shipped 
to the same destination. Such prices shall be established inde- 
pendently by each member of the Industry. 

18. No member of the Industiy shall make false or misleading 
statements as with respect to reports, written or oral, required by 
the provisions of this Code, or any resolution duly adopted by the 
Code Authority and approved by the Administrator. 

19. No member of the Industry shall aid or abet any person, firm, 
association, or corporation in any unfair practice prohibited in 
this Code or engage in any subterfuge to defeat the purposes of 
and provisions of this Code and the Act. 

Article IX — Modification 

Section 1. This Code and all the provisions thereof are ex- 
pressly made subject to the right of the President, in accordance 
with the provisions of subsection (b) of Section 10 of the Act, from 
time to time to cancel or modify any order, approval, license, rule, 
or regulation issued under 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 public, by changes in circumstances 
or by experience. All the provisions of this Code, unless so modi- 
fied or eliminated, shall remain in effect until June 16, 1935. 

Article X — JMgnopolies 

No provision of this Code shall be so applied as to permit mo- 
nopolies or monoplistic practices, or to eliminate, oppress or discrim- 
inate 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 prices of goods and 
services increase as rapidly as wages, it is recognized that price 
increases except such as may be required to meet individual cost 
should be delayed, but when made such increases should, so far as 
possible, be limited to actual additional increases in the seller's costs. 

Article XII — Effective Date 

This Code shall become effective on the second Monday after its 
approval by the President. 

Approved Code No. 505. 
Registry No. 1G98-07. 

O 



Approved Code No, 50G 

CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC AND NEON SIGN INDUSTRY 
As Approved on August 24, 1934 



ORDER 



AlTROVIXG CODK OF FaIK Co:M PETITION JOK THE EeeCTRIC AM) XeON 

Sign Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the Xational Industrial 
Recover}' Act. approved June 16, 1033, for approval of a Code of 
Fair Competition for the Electric and Neon Sign 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 b}' Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise; do hereb}^ incorporate bj' 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, 
Admhmtmtor for Industrial Recovery. 

Approval recommended : 
Barton W. Mui{ray, 

Division A dministrator. 

AVashington, D.C, 

August 2Jt, 193 It. 

82307° 1044-112 34 (13I) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Code of Fair Competition for the 
Electric and Neon Sign Industry, the hearing having been conducted 
thereon in Washington, D.C., April 23, 1934, in accordance with the 
provisions of Title I of the National Industrial Recovery Act. 

PROVISIONS OF THIS CODE AS TO AVAGES AND HOURS 

Maximum hours for employees are established as folloAvs: All em- 
ployees, except outside salesmen or empIo3^ees engaged in emergency 
maintenance or emergency repair work or persons employed in a 
managerial or executive capacity who are paid at the rate of $35.00 
or more per week, — forty hours in any one week, or eight hours in 
any twenty four hour period beginning at midnight; Avatchman — 
fifty four hours per week; all employees — six days in any seven day 
period. Employees engaged in emergency maintenance and emer- 
gency repair work shall be paid at not less than one and one-half 
times their normal hourly rate for all hours in excess of eight hours 
per day and forty hours per week. 

Minimum wages for employees are established as follows : All em- 
ployees, except skilled employees — $16.00 per week of forty hours, 
and part time emploj^ees working less than forty hours per week — 
45 cents per hour ; skilled employees — 75 cents per hour. No hourly, 
daily or full time weekly compensation for employees who are paid 
less than $50.00 per week shall be less than such compensation exist- 
ing as of June IG, 1933, and no employee shall be paid a wage rate 
which will yield a less wage to the shorter full time week "herein 
established than he could have earned for the same class of work 
for the full time week existing as of June 16, 1933. Wage increases 
established under the President's Reemployment Agreement shall 
at least be maintained. Female employees performing substantially 
the same work as male employees shall receive the same rates as 
male employees. 

Employment of any person under IG years of age and anyone under 
18 years of age at occupations hazardous in nature or dangerous to 
health is prohibited. 

No reclassification of employees for the purpose of defeating the 
purpose of the Act is permitted, and no employee is permitted to 
Avork more than the specified maximum hours whether for one or 
more employers. 

The right of employees to organize and bargain collectivelv 
\hrough representatives of their own choosing is recognized. No eni- 
ployee shall be required as a condition of employment to join any 
company union, or refrain from joining, organizing, or assisting a 
labor organization of his own choosing. 

(132) 



133 

No employee who has been reguhirly emph)yed in any one estab- 
lishment of this In(histry for eight weeks or more shall be discharged 
on less than one week's notice, and no employee shall be dismissed or 
demoted by reason of making a complaint or giving evidence with 
respect to an alleged violation of this Code. 

EC0N03IIC EFFECTS OF THE CODE 

The Electric and Xeon Sign Industry ranks among those indus- 
tries expei'icncing the greatest loss of business due to the depression, 
the annual sales of the Industry falling from an estimated eighty 
million dollars in 1928 to an estimated thirty-eight million dollars 
in 1932, a decline of 53'" .t from the 1928-1929 peak; and employment 
declining from 18,000 in 1928 to 13,000 in 1932, a decrease of 29%. 
The total estimated number of concerns, however, increased from 
1,000 in 1928 to 1,500 in 1932 and 1933, an increase of 50% while 
the invested capital decreased during the same period from thirty 
million dollars to twenty-five million dollars, a decrease of 17%. 

It is believed that the provisions of the Code permit adequate 
control and at the same time insure development and sound 
expansion. 

FINDINGS 

The Acting 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 inatter : 

I find that: 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
removal of obstructions to the free flow of interstate and foreign com- 
merce which tend to diminish the amount thereof and will provide 
for the general welfare by promoting the organization of industry 
for the purpose of cooperative action among the_ trade groups, by 
inducing and maintaining united action of labor and management 
under adequate governmental sanctions and supervision, by elim- 
inating unfair competitive practices, by promoting the fullest pos- 
sible utilization of the present productive capacity of industries, by 
avoiding imdue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 
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, inclucling without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant asso- 
ciation is an industrial association truly representative of the afore- 
said Industiy; 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. 



134 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against tnem. 

(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. 
August 24. 1934. 



CODE OF FAIR COMPETITION FOR THE ELECTRIC AND 
NEON SIGN 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 Electric and Neon Sign Industry, and the 
provisions of this Code shall be the standards of Fair Competition of 
such Industry and shall be binding upon every member thereof. 

Article II — Definitions 

Section 1. The term '' Electric and Neon Sign Industry "' or 
" Industry " as used herein shall mean and include the manufacture, 
lease and sale of electric and neon signs; the installation, mainte- 
nance and servicing of such signs upon premises not owned or con- 
trolled by a member of this Industry ; and the manufacture, installa- 
tion, maintenance, lease and sale of luminescent tube products and 
neon tube electrodes designed for use only in electric and neon signs 
and advertising displays. 

Section 2. The t^rm " employee " as used herein includes any and 
all persons, except a member of the Industry, engaged in the indus- 
try in any capacity receiving compensation for his services, irrespec- 
tive of the nature or method of payment of such compensation. 

Section 3. The term "' employer " as used herein includes anyone 
by whom any such employee is compensated or employed. 

Section 4. The t^rm " member of the Industry " includes, but 
without limitation, any individual, partnership, association, corpora- 
tion, or other form of enterprise engaged in the Industry as above 
defined, either as an employer or on his or its own behalf. 

Section 5. The terms " President ", "Act ", "Administrator ", and 
" Code Authority "', as used herein shall mean respectively the Presi- 
dent of the United States, Title I of the National Industrial Recov- 
ery Act, the Administrator for Industrial Recovery, and the agency 
herein created to administer this Code for the Industry. 

Section 6. The term "Association " as used herein shall mean the 
National Electric Sign Association or its successor. 

Section T. The term " Confidential Agent " as used herein shall 
mean the person or persons designated by the Code Authority to per- 
form certain duties hereinafter set forth. Such person or persons 
shall be impartial and in no way connected with any member of the 
Industry. 

Section 8. The term " service " as used herein is defined to mean 
leasing, contracting at the time of a lease or sale for the servicing of 
the products of the Industry for a specified leng-th of time, and also 
contracting for the servicing of the products of the Industry for a 
specified length of time. 

(135) 



136 
Article III^ — Hours 

Section 1. No employee shall be permitted to work in excess of 40 
hours in any one week, or 8 hours in any 24 hour period beginning 
at midnight, except as herein otherwise provided. 

Section 2. No watchman shall be permitted to work in excess of 
54 hours per week. The term " watchman " as used herein is defined 
to mean any employee who devotes not less than ninety percent of 
his time watching and/or guarding the premises and/or property of 
the employer and Avho does not engage in production or repair work. 

Section 3. The provisions of this Article shall not apply to out- 
side salesmen or to employees engaged in emergency maintenance or 
emergency repair work or to persons employed in a managerial or 
executive capacity who earn regularly thirty-five ($35.00) dollars 
per week or more; provided, however, that employees engaged in 
emergency maintenance and emergency repair work shall be paid not 
less t:han one and one-half (l^/o) times their normal hovirly rate for 
all hours worked in excess of 8 hours per day and 40 hours per week. 

Section 4. No employee shall be permitted to work more than six 
(6) days in any seven (7) day period. 

Section 5. No employer sImII knowingly permit any employee to 
vrork for any time which, when totaled with that already performed 
with another employer or employers, exceeds the maximum permitted 
herein. 

Article IV — Wages 

Seciton 1. No employee shall be paid in any pay period less than 
sixteen ($16.00) dollars per w^^ek of forty (40) hours; provided, 
nowever, that part time employees working less than the forty (40) 
hour week shall be paid not less than forty-five (45) cents per hour. 

Section 2. (a) The term "skilled employee" as used in this Sec- 
tion shall mean sign painters, iron workers, sheet metal workers, 
maintenance men, electricians, glass blowers and pumpers, expressly 
excepting therefrom helpers as hereinafter defined. 

(b) No member of the Industry shall employ more than one helper 
for each three journeymen. The term '' jielper " as used herein shall 
mean all employees other than journeymen engaged in the skilled 
trades defined in paragraph (a) of this Section. 

Section 3. This Article establishes a minimum rate of pay, re- 
gardless of whether an employee is compensated on a time-rate, 
piecework, or other basis. 

Section 4. Female employees performing substantially the same 
work as male employees shall receive the same rates of pay as male 
employees. 

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 emplo^^ment 
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 employee. 



137 

Section 6. No hourly, daily, or full time weekly compensation for 
employees who are paid less than fifty ($50.00) dollars per week 
shall be less than such compensation existing as of June 16, 1933, 
and no employee shall be paid a wage rate which will yield a less 
Avage to the shorter full time week herein established than ho could 
have earned for the same class of work for the full time week exist- 
ing as of June 16, 1933. Wage increases established under the Presi- 
dent's Reemplo^'ment Agreement shall at least be maintained. 

Article V — Gexe]{Ai. Lahor Provisioxs 

Section 1. No person under sixteen (16) years of age shall be em- 
ployed in this 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 ninety (90) days after the effective date of this Code a list 
of such occupations. In any State, an emploj^er shall be deemed to 
have complied with this provision if he shall have on file a certifi- 
cate or permit, duly issued by the authority in such State empowered 
to issue employment or age certificates or permits, showing that the 
employee is of the required age. 

Section 2. (a) Employees shall have tlie 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. 

(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 paj, and other conditions of employment approved 
or prescribed hj the President. 

Section 3. Every employer shall provide for the safety and liealth 
of his employees at the place and during the hours of their employ- 
ment and shall comply w4th the standards of safety and health ap- 
proved by the Administrator. Such standards shall be recommended 
by the Code Authority to the Administrator within three (3) months 
after the effective date of this Code. 

Section 1. Within each State this Code shall not supersede any 
laws of such State or Federal law\s imposing more stringent require- 
ments on emploj-ers regulating the age of employees, wages, hours of 
work, or health, fire or general working conditions than under this 
Code. 

Section 5. No employer shall reclassify employees or duties of oc- 
cupations performed by employees or engage in any other subterfuge 
so as to defeat the purposes of the Act or the provisions of this Code. 

Section 6. If any emploj^er of labor in this Industry is also an 
employer of labor in any other Industry, the provisions of this Code 
shall apply to and affect only that part of the busine;-s Avhich is a 
part of the '' Electric and Neon Sign Industry." 

82307° 1044-112 :'A 2 



138 

Section 7. No employee shall be dismissed or demoted by reason 
of makino- a complaint or giving evidence with respect to an alleged 
violation of this Code. 

Section 8. No employee who has been regularly employed in any 
one establishment of this Industry for eight (8) weclcs or more shall 
be discharged on less than one week's notice. 

Section 9. Each employer shall post and keep posted in conspicu- 
ous places accessible to employees, full copies of Articles III, lY, 
and V, of this Code and any amendments thereto. 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 bo prescribed by the Administrator. 

Article VI— Administration 

To further etl'ectuate the policies of the Act, a Code Authority is 
hereby constituted to administer this Code. 

Section 1. A Code Authority is hereby established consisting of 
twelve (12) persons to be elected in the following manner: 

During the period of sixty days from the eft'ective date of this 
Code, the Code Committee .shall act as a temporary Code Authority 
and shall cause a meeting of the members of the Industry to be held 
for the jDurpose of electing a Code Autllorit3^ Twenty days' advance 
notice of such meeting shall be sent to all members of the Industry 
whose names and addresses can be ascertained after diligent search. 
Tlie members of the Code Authority shall be elected in the following 
manner : 

(a) Nine (9) members who shall be members of the Industry and 
memlDcrs of the Association shall bo elected by a majority vote of all 
members of the Industry present in person or by proxy or letter 
ballot, each member to have one vote. 

(b) Three (3) members of the Industiy who shall be non-members 
of the Association shall be elected by a majority vote of all non- 
members of the Association present in person or bv prox}' or by letter 
ijallot, each member to have one vote. 

The members of the Code Authority so elected shall serve for a 
period of one year or until their successors are elected and qualified. 
Thereafter, members of the Code Authority shall ])e elected at a 
meeting of the members of the Industry to be held at the time and 
place of the annual meeting of the Association, in the manner lierein- 
above set forth. 

Any vacancy occurring in the membership of the Code -Vuthority 
shall be filled by a majority vote of the remaining members of the 
Code Autliority, subject, however, to the classilications of member- 
ship hereinabo\e set forth. 

In addition to meniberahi]) as above provided, thore may be three 
(3) members without vote to be known as Administration Members 
to be appointed by the Administrator to serve for such term as he 
may specify. The Administration Members so appointed shall 
receive notice of, and may sit at, all meetings of the Code Authority. 

Section 2. Each trade or industrial association directl}- or in- 
directly participating in the selection or activities of the Code Au- 
tliority, shall (1) impose no inequitable restrictions on membership, 



139 

and (2) submit to the Administrator true copies of its Articles of 
Association, By-Laws, refjiilations, and any amendments when made 
thereto, together with such other information as to membership, 
organization, and activities as the Administrator may deem necessary 
to efl'ectnate the purposes of the Act. 

Sectiox 3. In order that the Code Authority shall at all times lie 
truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Administrator may ])rescribe 
such hearings as he may deem proper; and thereafter if he shall lind 
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 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 Authorit3\ Nor shall any member of the Code Authority, 
exercising reasonable diligence in the conduct of his duties hereunder, 
be liable to anyone for any action or omission to act under this Code, 
except for his own wilful malfeasance or non-feasance. 

Section 5. Powers and Duties. — The Code Authority shall have 
the following powers and duties to tlie extent permitted by the Act : 

(a) To adopt by-laws and rules and regulations for its procedure 
and for the administration of this Code in accordance with the 
powers herein granted; the same shall be submitted to the Adminis- 
trator for his approval, together with true copies of any amendments 
or additions when made thereto, minutes of meetings when held, and 
such other information as to its activities as the Administrator may 
deem necessary to effect the purposes of the Act. 

(b) To insure the execution of the provisions of this Code and 
to provide, subject to rules and regulations established from time 
to time by the Administrator, for th(> compliance of the Industry 
with the provisions of the Act. 

(c) To make recommendations to the Administrator for the co- 
ordination of tlie administration of this Code Avith such other Codes, 
if any, as may be related to the Industry or to any subdivisions 
thereof. 

(d) 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 tlie 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 subn.iit to the Administrator for his approval, subject 
to such notice and oj^port unity to be heard as he may deem nec- 
essary (1) an itemized Jiudget of its estimated expenses for the 
foregoing purposes, and (2) an equitable basis upon which the 
funds necessary to support sucli budget sliall be contributed by 
the members of the Industry; 

c. After such budget and basis of contribution have been 
approved by the Administrator, to determine and obtain equita- 



140 

ble contribution as above set forth by all members of the In- 
dustry and to that end, if necessary, to institute legal proceed- 
ings 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 activities 
or to make use of any emblem or insignia of the National RecoA'ery 
Administration. 

3. 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 defi- 
ciency item for expenditures in excess of prior budget estimates 
except those which the Administrator shall have so approved. 

(e) To recommend to the Administrator further trade practice 
provisions to govern the members of the Industry in their relations 
with each other or with other industries and to recommend to the 
Administrator measures for industrial planning and stabilization of 
employment; and to consider and recommend to the Administrator 
proposals for modification or amendment of this Code which shall 
become effective as part hereof upon approval by the Administrator 
after such notice and hearing as he n.iay specify. 

(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 the Industry for the purpose of formulating fair 
trade practices to govern the relationships between employers under 
tliis 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. 

(g) To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities provided for 
herein, 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 
Avith the provisions hereof. 

(h) To provide for local administration of the code through the 
selection of district Code Committees for various districts as may 
from time to time be set up by the Code Authority, each such dis- 
trict Code Committee to be selected from the members of the Indu'^try 
residing within the district in a manner truly representative of the 
members of the Industry within that district. The set up of the 
district or districts and Ihe method of selection shall be subject to 
review by the Administrator. 

(i) The District Code Committees shall have such power as may 
be delegated to them by the Code Authority, provided that nothing 
herein shall relieve the Code Authority of its duties or responsibili- 



141 

ties under this Code ; and that such district Code Committees shall at 
all times be subject to and comply with the provisions of this Code. 

(j) 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 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 indi- 
vidual 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. 

(k) To authorize and empower Regional Code Connnittees, or 
other such Agencies as it may designate, to install a method of 
checking competitive bids after the opening and after the award of 
the contract of such bids and when such authorization is granted to 
require such Regional Code Committees or Agencies to designate a 
depository, or to use such other method as may be approved by the 
Code Authority. 

(1) To present to the Administrator, from time to time, recom- 
mendations based on conditions in the Industry, which will tend to 
effectuate the operation of the provisions of this Code. Such rec- 
ommendations, when approved b}^ the Administrator, shall have the 
same force and effect as the other provisions of this Code. 

Section 6. The Code Authority may with the approval of the 
Administrator maintain a representative in each major trade area 
and in such minor trade areas as may be designated, who shall be 
nominated by the Industry in said trade area, and who shall keep in 
touch with all members of the Industry, explain the provisions and 
applications of the Code and rulings made thereon by the Code 
Authority, investigate complaints, instruct members in the keeping 
of data required, and perform such other duties as shall be desig- 
nated by the Code Authority to create and maintain harmony in 
the Industry, and to provide members of the Industry with a direct 
personal channel for securing the full benefit of the operation of this 
Code. This representative shall exercise only such authority as may 
be specifically invested in him by the Code Authority with the ap- 
proval of the Administrator. 

Secttox 7. In each division or subdivision of the Electric and 
Neon Sign Industry, truly representative associations or groups of 
employers and employees respectively concerned, after proper notice 
and hearing and as a result of bona fide collective bargaining, may 
establish by mutual agreement (when approved by the President as 
provided in Section 7 (b) of the Act), for a specifically defined 
region or locality the standards of hours of labor, rates of pay, 
and such other conditions of employment, relating to occupations 
or types of operations in such region and locality, as may be neces- 
sary to effectuate the policy of Title I of the Act. For the purposes 
of this Section, the entire United States may be defined as a region. 

Section 8. All statistics, data, and information filed or required 
in accordance with the provisions of this Code shall be confidential 



142 

and the statistics, data, and information of one member shall not 
be revealed to an.y other memljer. No such data or information shall 
be published except in combination with other similar data and only 
in such a manner as to avoid the disclosure of confidential informa- 
tion, or except upon the written consent of a particular member of 
the Industry supplying such statistics, data and information. The 
Code Authority shall arrange in such manner as it may determine 
for the current publication of Industry statistics to members. 

Section 9. 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 investi- 
gation 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. 

Article VII — Costs and Pijice Cutting — Cost Finding and 

Accounting 

Section 1. (a) Wilfully destructive price cutting is an unfair 
method of competition and is forbidden. Any member of the Indus- 
try or of any other industry or the customers of either may at any 
time complain to the Code Authority that any filed price consti- 
tutes 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 
6 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 refeiTed to the Research 
and Planning Division of NKA which shall render a report and 
recommendation thereon to the Administrator. 

(b) When no declared emergency exists as to any given product 
or service, 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 or service, 
sale below the stated minimum price of such product or service, in 
violation of Section 2 hereof, is forbidden. 

Section 2. (a) If the Administrator, after investigation shall at 
any time find both (1) that an emergency has arisen within the In- 
dustry adversely affecting small enterprises or wages or labor con- 
ditions, or tending toward monopoly or other acute conditions which 
tend to defeat the purposes of the Act; and (2) that the determina- 
tion of the stated minimum price for a specified product or service 
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 determina- 
tion of the stated minimum price of the product or service affected 



143 

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 or service 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 j^eriod, no member of the Industry shall sell such 
specified products or services 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 reconsideration or the Administrator may cause any deter- 
minations hereunder to be reviewed or reconsidered and appropriate 
action taken. 

Section 3. 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 sucli methods to the Administrator 
for review. If approved by the iVdministrator, full information con- 
cerning such methods shall be made available to all members of the 
Industry. Thereafter, such 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 addi- 
tions, percentages or differentials or other uniform items of cost 
which are designed to bring about arbitrary uniformity of costs or 
l^rices. 

Article VIII — Open Price Provisions 

Section 1. Each member of the Industry shall file with a confi- 
dential and disinterested agent of the Code Authorit3% or, if none, 
then w^ith 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 products 
or services of the Industry as are sold or offered for sale by said 
member and for such non-standard products of said member and for 
such non-standard services of said member as shall be designated by 
the Code Authority. Said price terms shall in the first instance be 
filed within thirty (30) days after the date of approval of this pro- 
vision. Price terms and revised price terms shall become effective im- 
mediatel}^ upon receipt thereof by said agent. Immediately upon 
receipt thereof, said agent shall b}^ 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 simultaneously 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 tlie Code Au- 
thority 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 



144 

cnsioniers as aforesaid; provided, that prices filed in the first instance 
shall not be released until the expiration of the aforesaid thirty (30) 
da}' period after the approval of this Code. The Code Authority 
shall maintain a permanent file of all price terms filed as herein pro- 
vided, and shall not destroy any part of such records except upon 
written consent of the Administrator. Upon request the Code Au- 
tliority shall furnish to the Administrator or any duly designated 
agent of the Administrator copies of any such lists or revisions of 
price terms. 

SEcnoN 2. When any member of the Industry has filed any revi- 
sions, 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 or services of the Industry, for which price terms have 
been filed pursuant to the provisions of this Ai-ticle. 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 free 
and open market which it is the purpose of this Article to create. 

Article IX — Trade Practices 

A. The Following Practices Constitute Unfair Methods of Com- 
petition for Members of the Industrj^, and are Prohibited : 

EuLE 1. No member of the Industry shall publish advertising 
(whether printed, radio, display, or of any other nature) as to his 
own business which is misleading or inaccurate in any material par- 
ticular, nor shall any member in any way misrepresent any credit 
terms, values, policies, services, or the nature or form of tlie business 
conducted. 

Rule 2. No member of the Industry shall knowingly withhold 
from or insert in any quotation or invoice anj'^ stat^ement that malces 
it inaccurate in any material particular. 

Rule 3. No member of the Industry shall publish advertising as 
to his own business which refers inaccurately in any material par- 
ticular to any competitors or their prices, values, credit terms, 
policies, or services. 

Rule 4. No member of the Industry shall publish or circulate 
vmjustified or imwarranted threats of legal proceedings which tend 
to or have the effect of harassing competitors or intimidating their 
customers. 

Rule 5. 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 
inoney or otherwise, nor shall a member of the Industry secretly offer 
or extend to any customer any special service or privilege not ex- 
tended to all customers of the same class, for the purpose of influenc- 
ing a sale. 

Rule 6. No member of the Industry shall give, permit to be given, 
or directly offer to give, anything of value for the purpose of in- 



145 

fluencing or rewarding the action of any employee, agent or re]">re- 
sentative of another in relation to the business of the employe!- of 
such employee, the principal of such agent or the represented party, 
without the Imowledge of such employer, principal, or party. This 
provision shall not he 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. 

Rule 7. No member of the Industry shall induce or attempc to 
induce the breach of an existing contract between a competitor and 
his customer or source of supply; nor shall any such member inter- 
fere with or obstruct the performance of such contractual duties or 
services. 

Rule 8. No member of the Industry shall brarid or make or pack 
any goods in any manner which is intended to or does deceive or 
mislead purchasers with respect to the brajicl, grade, quality, quan- 
tit}^, origin, size, substance, character, nature, finish, material, con- 
tent, or preparation of such goods. 

Rule 9. No member of the Industry shall knowingly convert or 
adapt to his own use the Avhole or any essential part of any designs, 
drawings, sketches, models, or copy of any products which have been 
submitted to a prospective customer by a competitor; nor shall any 
member of the Industry knowingly consummate a sale on a design, 
sketch, or plan originally furnished by a competitor to a prospective 
customer unless the purchaser or seller has made arrangements for 
compensation to the competitor for the use of such design, sketch, 
or plan. 

Rule 10. No member of the Industry shall conceal or remove from 
any electric sign the name of the manufacturer thereof, or any 
Insignia required by this Code. 

Rule 11. No member of the Industry shall furnish any sample 
sign especially built for a prospective purchaser having a prime cost 
in excess of $10.00, except on a definite purchase contract. 

Rule 12. No member of the Industry shall lease or sell or offer to 
lease or sell unj product of the Industry through an outside sales- 
man known to be employed solely by a competitor without first 
obtaining the consent of the competitor, nor shall any member of the 
Industry employ or contract with any sales agent employed solely by 
or representing a competitor for the purpose of obtaining business 
developed by a competitor through such salesmen or sales agent (s). 

Rule 13. No member of the Industry shall mislead or deceive 
customers with respect to the quality and/or quantity of material or 
workmanship, the size of letters, dimension of signs and amount and 
kind of service given with a sale. 

Rule 14. No member of the Industry shall make any unauthorized 
use of any insignia, trade marks, designs, or brands established to 
identify persons who have entered into an agreement with the N.R.A. 
to observe and conform to the provisions of this Code and appro vecl 
rules issued thereunder, nor shall any member of the Industry make 
any false statement that he has entered into any such agreement. 

Rule 15. 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 repre- 



146 

sentations or by false (.lisprtiaireiiKMit of tho irrndo or quality of the 
competitor's ^oocls. 

Rule 16. No member of the Industry" yhall reduce a bid without 
chancres in the specifications anrl or plans justifyintr the same. 

Arti cli: X — Modification 

Section 1. This Code and all the provisions thereof are expressly 
made subject to tlic right of the President, in accordance Avith the 
provisions of subsection (b) of Section 10 of the National Industrial 
Recovery Act, from time to time to cancel or modify any order, 
approval, license, rule, or regulation issued under Title I of said Act. 

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 public, by changes in circumstances, 
or by experience. All the ])rovisions of this Code, unless so modified 
or eliminated, shall remain in eifect until June 16, 1935. 

^VuTicLi: XI — Monopolies 

No provision of this Code shall be so applied as to permit monop- 
olies or monopolistic practices, or to eliminate, oppress, or discrimi- 
nate against small enterj)i'ises. 

AinicLE XII — Price Increases 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult of consummation if prices of services 
increase as rapidly as wages, it is recognized that price increases 
should be delayed and that, when made, the same should, so far as 
possible, be limited to actual increases in the seller's costs. 

Article XIII — Effectia'e Date 

This Code shall become effective on the tenth day after its 
approval. 

Approved Code No. 506. 
Registry No. 1310~0t). 

o 



Approved Code No. 507 
CODE OF FAIR COMPETITION 

FOR THE 

SURGICAL DISTRIBUTORS TRADE 

As Approved on August 24, 1934 



ORDER 



AppROAaNG Code of Fair Competition for the Surgical Distrib- 
utors Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Tile I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a Code of 
Fair Competition for the Surgical Distributors Trade, 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. 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 
at such time as I may direct there shall 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 con- 
dition on the approval of said Code; provided, further that the 
following changes be, and the same hereby are, made : 

(1) That Section 9 of Article II be, and the same hereby is 
amended to read as follows : 

" Outside Salesvien. — The term ' outside salesmen ' as used herein 
shall mean a salesman who is engaged less than sixteen (16) hours 
per week inside the establishment, or any branch thereof, by which 
he is employed." 

(2) That Section 10 of Article II b, and the same hereby is 
amended to read as follows : 

" Outside Collectors. — The term ' outside collectors ' as used herein 
shall mean a collector of accounts who is engaged less than sixteen 

82308° 14)44-109 34 (147) 



148 

(16) hours per week inside the establishment, or any branch thereof, 
by which he is employed." 

(3) That the last two paragraphs of Section 1 of Article III be, 
and the same hereby are amended, to read as follows ; 

"■ No employee shall be permitted to work for two or more estab- 
lishments a greater number of hours, in the aggregate, than he would 
be permitted to work for that one of such establishments which 
operates upon the lowest schedule of working hours." 

" No employee not included in the foregoing paragraphs, and not 
specifically excepted hereinafter, shall be permitted to work more 
than forty (40) hours in any one week, nor more than eight (8) 
hours in any one day, nor more than six (6) days in any one week." 

(4) That Section 4(a) of Article III be, and the same hereby is 
amended, to read as follows : 

" The maximum periods of labor prescribed in Section 1 of this 
Article shall not apply to professional persons receiving more than 
$35.00 per week, who are employed and working at their profession, 
or to outside salesmen and outside collectors and watchmen. Watch- 
men may be permitted to work a maximum of fifty-six (56) hours 
per week but no watchmen shall be employed for more than six (6) 
days in any seven (7) day period." 

(5) That Section 4(b) of Article III be, and the same hereby is 
amended, to read as follows : 

" Maintenance and outside service employees may be permitted to 
work a tolerance of ten (10%) percent in excess of the maximum 
hours hereinabove set forth, provided they are paid one and one-half 
times their normal rate of pay for all hours worked in excess of the 
maximum hereinabove set forth." 

(6) That Section 6 of Article IV be, and the same hereby is 
amended, to read as follows : 

" Handicapped persons. — A person whose earning capacity is 
limited because of age or physical or mental handicap or other in- 
firmities may be employed on light work at a wage below the mini- 
mum established by this Code if the employer obtains from the States 
authority designated by the United States Department of Labor a 
certificate authorizing his employment at such wages and for such 
hours as shall be stated in the certificate. Each employer shall file 
monthly with the Code Authority a list of all such persons employed 
by him, showing the wages paid to, and the actual hours of work for 
such employee." 

(7) That Section 10 of Article IV be, and the same hereby is 
inserted : 

'" Weekly wages above tninimuin not to he reduced. — The weekly 
wages of all classes of employees receiving more than the minimum 
wages prescribed in this Article shall not be reduced from the rates 
existing upon July 15, 1933, notwithstanding any reduction in the 
number of working hours of such employee." 

(8) That Section 4 of Article V be, and the same hereby is 
amended, to read as follows : 

" Every employer shall provide for the safety and health of em- 
ployees during the hours and at the places of their employment. 
Standards for safety and health shall be submitted by the Code 



149 

Authority to the Administrator within three (3) months after the 
effective date of the Code." 

(9) That Section 6(c) of Article VI be, and tlie same hereby is 
amended, to read as follows: 

" To obtain from members of the trade 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 trade subject to this Code 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 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 Government 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 bo 
directed by the Administrator." 

(10) Tliat Section 6 of Article VIII be, and the same hereby is 
amended, to read as follows : 

" No member of the trade shall imitate or simulate any design, 
style, brand, trade-mark, slogan, or other means of identification 
owned by any other member of the trade in such a manner as has 
the tendency or capacity to mislead or deceive purchasers. In order 
to make this provision effective, the Association may provide for the 
establishment of an Agency for the registration of surgical instru- 
ments of original and useful design. The provision of this Section 
shall not supersede any State or Federal Laws, but shall be supple- 
mentary thereto." 

(11) That Section 7 of Article VIII be, and the same hereby is 
deleted. 

Hugh S. Johnson, 
Administrator for Industnal Recovery. 

Approval recommended : 
Geo. L. Berry, 

Division A dminisPrator. 

Washington, D.C. 

August £4, 193Jf. 



EEPORT TO THE PEESIDENT 

The President, 

The White House. 
Sir : This is a report on the Code of Fair Competition for the Sur- 
gical Distributors Trade, the hearing having been conducted in 
Washington on the 27th day of November, 1933, in accordance with 
the provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Surgical Distributing Trade is a widespread Trade with 
retail establishments or agencies in most of even the relatively small 
cities. In 1929, there were five hundred and seventy-four (574) 
retail establishments which had net sales of over thirty-one million 
($31,000,000,00) dollars. The number of distribution wage earners 
was the same in the first half of 1932 as in 1929, which was approxi- 
mately three thousand. Since June, 1932, reduction in net sales have 
been accompanied by reduction in distribution employment so that 
in the first half of 1933 net sales per distribution wage earner was 
about forty per cent below those of 1929. 

HOURS AND WAGES 

The Wage Hour provisions of this Code are the same elective pro- 
visions regarding wages, work hours and store hours, that are in- 
cluded in the Approved Code for the General Retail Trade. 

ECONOMIC EFFECT OF THE CODE 

There will probably be very little increase in employment in this 
trade as a result of the Code because the majority of the establish- 
ments now covered by this Code were operating under the General 
Retail Trade Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of 
Trades for the purpose of cooperative action among trade groups, 
by inducing and maintaining united action of labor and manage- 

(150) 



151 

ment under adequate governmental sanctions and supervision, by 
eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restrictions of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) Said Trade normally employs not more than fifty thousand 
employees; and is not classified by me as a major Trade. 

(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 (c) of Section 10 thereof; and that the applicant 
association is a trade association truly representative of the afore- 
said Trade; and that said association imposes no inequitable restric- 
tions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
Code. 

For these reasons this Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

AdTninistrator, 
August 24, 1934. 



CODE OF FAIR COMPETITION FOR SURGICAL 
DISTRIBUTORS 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 Surgical Distributors Trade, and its provi- 
sions shall be the standards of fair competition for such trade, and 
shall be binding upon every member thereof. 

Article II — Definitions 

Wherever used in this code or in any schedule or amendment 
hereto, the terms hereinafter defined in this Article, shall, unless the 
context shall otherwise clearly indicate, have the respective meanings 
in this Article set forth. 

Section 1. Surgical Distrihviors Trade. — The term " Surgical Dis- 
tributors Trade ", as used herein shall mean the distribution except 
wholesale distribution of instruments, appliances, apparatus, and 
articles used or prescribed by physicians, surgeons, hospitals and 
nurses, in the diagnosis of disease and the care, treatment and relief 
of the sick, lame, ruptured and injured, except such articles the 
distribution of which are governed by another approved code or 
codes. 

Section 2. Member of the Trade. — The term " member of the 
trade " or " member ", as used herein, shall mean any individual, 
partnership, association, corporation or other form of enterprise 
engaged in the surgical trade as defined above, either as an employer 
or on his or its own behalf. 

Section 3. President., Act and Administrator. — The terms " Presi- 
dent ", '"Act -', and "Administrator " as used herein mean, respec- 
tively, the President of the United States, Title I of the National 
Industrial Recovery Act, and the Administrator for Industrial 
Recovery. 

Section 4. Estahlishment. — The term " establishment ", as used 
herein, shall mean any store or department of a store, shop, stand or 
other place of business where such trade, as defined in Section 1 of 
this Article, is carried on. 

Section 5. Envployee. — The term " employee ", as used herein, in- 
cludes Si\\y and all persons engaged in the trade, however compen- 
sated, except a member of the trade. 

Section 6. Employer. — The term " employer ", as used herein, in- 
cludes anyone by whom any such employee is compensated or 
employed. 

Secjtion T. South. — The term " South " as used herein shall mean 
Virginia, West Virginia, Maryland, North Carolina, South Carolina, 
Georgia, Florida, Kentucky, Tennessee, Alabama, Mississippi, Ar- 

(152) 



153 

kansas, Louisiana, Oklahoma, New Mexico, Texas, and the District 
of Cohimbia. 

Section 8. Population. — The term "population", as used herein, 
shall be determined by reference to the latest P'ederal Census. 

Section 9. Outside salesnwn. — The term '' outside salesmen " as 
used herein shall mean a salesman who is engaged not less than sixty 
(CO) jjercent of his working hours outside the establishment, or any 
branch thereof, b}^ which he is employed/ 

Section 10. Outside collector. — The term " outside collector " as 
used herein shall mean a collector of accounts who is engaged not 
less than sixty (60) percent of his working hours outside the estab- 
lishment, or any branch thereof, by wliich he is employed.^ 

Article III — Hours 

Section 1. Basic store and 'Lcvrking hours. — On and after the 
effective date of this Code establishments in the Surgical Distribut- 
ing Trade shall elect to operate upon one of the following schedules 
of hours of business and hours of labor. 

Group A. Any establishment may elect to remain open for business 
less than fifty-six (56) hours but not less than fifty -two (52) hours 
per week, unless its hours of business were less than fifty-two (52) 
hours prior to June 1st, 1933, in wdiich case such establishment shall 
not reduce its hours of business ; no employee of these establishments 
shall work more than forty (40) hours per week, nor more than eight 
(8) hours per da}^, nor more than six (6) days per week. 

Group B. Any establishment may elect to remain open for business 
fifty -six (56) hours or more per week but less than sixty -three (63) 
hours per week; no employee of such establishment shall work more 
than forty-four (44) hours per w-eek, nor more than nine (9) hours 
per day, nor more than six (6) days per week. 

Group C. Any establishment may elect to remain open for business 
sixty-three (63) hours or more per week; no employee of such estab- 
lishment shall work more than forty-eight (48) hours per week, nor 
more than ten (10) hours per daj^, nor more than six (6) clays per 
week. 

No employee shall work for tw^o or more establishments a greater 
number of hours, in the aggregate, than he would be permitted to 
work for that one of such establishments which operates upon the 
lowest schedule of working hours.^ 

No employee not included in the foregoing paragraphs, and not 
specifically excepted hereinafter, shall work more than forty (40) 
hours in any one week, nor more than eight (8) hours in any one 
day, nor more than six (6) days in any one week.^ 

Section 2. Schedule of hours to he posted. — On or within one 
week after the effective date of this Code every member of this Trade 
shall designate under which of the Groups set forth in the preceding 
Section it elects to operate and shall post and maintain in a con- 
spicuous place in the establishment a copy of such election showing 
its hours of business and employee working hours. 



1 Amended — See paragraph 2 (1) oi" order approvin;; tliis Code. 
= Amended — See paragrapli 2 (2) of order approving,' this Code. 

2 Amended — See Paragraph 2 (3) of order approving this Code. 

82308-^ 1044-109 34 2 



154 

Section 3. Changes in store hours and employee workhif/ hours. — 
(a) No establishment may change from the Group in which it has 
elected to operate except upon December 31 of eveiy year. 

(b) Any establishment, however, may at any time increase its 
hours of business, provided it maintains the basic employee work 
week of tlie Group in which it originally elected to operate. 

(c) Any establishment may, for a period not to exceed three (3) 
months during the Summer, temporarily reduce its hours of busi- 
ness, but the weekly wages of its employees shall not on that account 
be reduced. 

Section 1. Execpfwn to /na.rhnuui peiloch of lahor. — (a) Profes- 
sional persons, outside salesmen, outside eolleetors, and ira.tchmcn. 
The maximum periods of labor prescribed in Section 1 of this Ar- 
ticle shall not apply to professional persons employed and working 
at their profession, or to outside salesmen, outside collectors and 
watclinien. Watchmen may be permitted to vrork a maximum of 
fifty-six (50) hours per week but no watchman, shall be employed 
fo/more than six (6) days in any seven (7) day period.'* 

(b) Maintenance and outside service employees may be permitted 
to work in excess of the maximum hours hereinabove set forth, pro- 
vided they are paid one and one-half tiiues their normal rate of pay 
for all hours worked in excess of the maximum hereinabove set forth.^ 

(c) The provisions of this Article shall not apply to persons en- 
gaged in a managerial, executive, or supervisory capacity, or sur- 
gical appliance fitters, provided all such persons herein enumerated 
are paid at least $35.00 per week. 

(d) Any employee may be worked in excess of the maximum daily 
and vreekly hours specified in this Article and applicable to him, pro- 
vided that one and one-half times his normal hourly rate shall be 
paid for all time worked in excess of the maximum ciaih^ and weekly 
hours as hereinabove set forth. In no case, however, shall any em- 
ployee be permitted to work more than eight (8) hours in any one 
week in excess of the maximum weekly hours specified in this Article 
and applicable to him. 

Section 5. Hours of u>orh to he consecutive. — The hours worked by 
any employee during each day shall be consecutive, provided that an 
interval not longer than one hour may be allowed for each regular 
meal period, and such interval 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. 

Section 6. Extra luorJdng hour on one day a week. — On one day 
each week employees may work one extra hour, but such hour is to 
be included within the maximum hours permitted each week. 

Section 7. Emergencies and epidemics. — In the event of emergen- 
cies due to epidemics or catastrophes wherein the public health is 
threatened, the stij)ulations regarding maximum hours of employ- 
ment shall be temporarily suspended during such emergency as to 
those employees whose work is affected thereby, but on condition that 
no employee shall be permitted to work more than 20% in excess 
of the maximum hours j)rovided for the Group in which such em- 
ployee is regularly classified in any one week during such emergency 

* Amencled — See paragraph 2 (4) of oidpr approving lliis Code. 
"Amended — See paragraph 2 (5) of order approving this Code. 



155 

period. Paj'iiieiit for all such •work by an employee in excess of the 
hours per week provided in Section 1 above, shall be at the rate of 
time and one-half his normal rate of pa3\ In all such eases the mem- 
bers of the trade affected thereb.y shall notify the Code Authority 
of the reason for the existence of the emergency. The member may 
operate under this Section upon his own determination of the exist- 
tence of an emergency unless and until the Code Authority denies 
the existence of such emergency. The determination by the Code 
Authoritj' is subject to review, approval and disapproval of the Ad- 
ministrator in each case. During the existence of such emergency the 
member or members of the Trade affected thereby shall notify the 
Code Authority of the hours worked by employees during the period 
of such emergenc}', and the termination thereof. 

Article IV — Wages 

Section 1. Basic schedules of ivages. — On and after the effective 
date of this Code, the minimum weeldy rates of wages which shall 
be paid for a work week as specified in Article III, — v/hether such 
wages are calculated upon an hourly, weekly, monthly, commission 
or an}^ other basis, — shall, except as hereinafter provided, be as 
follows : 

(a) "Within cities of over 500,000 population, no employee shall 
be paid less than at the rate of $14.00 per week for a forty (40) 
hour work week, or less than at the rate of $14.50 per week for a 
forty-four (44) hour work week, or less than at the rate of $15.00 
per week for a forty-eight (48) hour work week. 

(b) Within cities of from 100,000 to 500,000 population, no em- 
ployee shall be paid less than at the rate of $13.00 per week for a forty 
(40) hour work week, or less than at the rate of $13.50 per week for 
a forty-four (44) hour work week, or less than at the rate of $14.00 
per week for a forty-eight (48) hour work week. 

(c) Within cities of less than 100,000 population, no employee 
shall be paid less than at the rate of $12.00 per week for a forty 
(40) hour work week, or less than at the rate of $12.50 per week 
for a forty-four (44) hour work week, or less than at the rate of 
$13.00 per week for a forty-eight (48) hour work week. 

Section 2. The minimum wage paid to outside salesmen and out- 
side collectors, except those emj)loyed solely on a commission basis, 
shall be not less than $15.00 per week, plus traveling expenses. 

Section 3. Souflieni wage differenfial. — In the South, within cities 
of over 25,000 population, the minimum wages prescribed in the 
foregoing sections may be at the rate of $1.00 less per week. 

Section 4. No office boy, or messenger, shall be paid less than 80 
per cent of the minimum wage herein set forth for the maximum 
v\'eekly hours specified in Article III, and applicable to him, pro- 
vided, however, that where more than one emploj-ee is classified and 
compensated as an office boy or messenger, not more than five per 
cent (5%) of the total number of office emploj^ees shall be so classi- 
fied and compensated in each establishment. 

Section 5. Part-time employees. — Part-time employees shall be 
paid not less than at the hourly rate proportionate to "the rates pre- 
scribed in the foregoing sections of this Article. 



156 

Section 6. Handicapped persons. — A person wliose earning capac- 
ity is limited because of age or physical or mental handicap may be 
em])loyed on light work at a wage below the minimnm established 
by this Code if the employer obtains from the States authority desig- 
nated by the United States Department of Labor a certificate author- 
izing his employment at such wages and for such hours as shall be 
stated in the certificate. Each employer shall file monthly with the 
Code Authority a list of all such persons employed by him, showing 
the wages paid to, and the actual hours of work for such employee." 

Section 7. An employer shall make payment of all wages due 
at least every two weeks and salaries at least monthly in lawful cur- 
ency or by negotiable demand checks. These wages and salaries 
shall be exempt from any charges, fines or deductions, or payments 
for pensions, insurance or sick benefits other than those voluntarily 
paid by the wage earners or required by State law. No employer 
shall withhold wages. The employer or his agents shall accept no 
rebates directly or indirectly on such wages or salaries. 

Section 8. Female employees doing substantially the same work 
as male employees shall receive tlie same rate of pay as male 
employees. 

Section 9. This Article establishes a minimum compensation 
which shall apply, irrespective of whether an employee is actually 
compensated on a time rate, piece-work, or other basis.'^ 

Article V — General Labor and Other Provisions 

Section 1. Child Lahor. — No person under eighteen (18) years 
of age shall be employed in the Trade except in clerical, office, sales, 
or service departments, and no person under sixteen (16) years of 
age shall be employed in any capacity. 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 author- 
ity in such State empowered to issue employment 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 
bargain collectively through representatives of their own choosing, 
and shall be free from the interference, restraint, 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 
tlie purpose of collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeldng employment shall be required 
as a condition of employment to join any company union or to re- 
frain from joining, organizing, or assisting a labor organization of 
his own choosing, and 

(c) Employers shall comply with the maximum hours of labor, 
minimum rates of pay, and other conditions of employment approved 
or prescribed by the President. 

Section 3. No employer shall reclassify employees or duties of 
occupations performed or eno-age in any other subterfuge so as to 
defeat the purposes of provisions of the Act or of this Code. 

" Ampiuled — Sec paragraph 2 ((>) 

^Section 10 added to Article IV — See paragraph 2 (7) of order approving this Code. 



157 

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 
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 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 w^orking conditions, or insurance, or fire 
protection, than are imposed by this Code. 

Section 6. All employers shall post and keep posted full copies 
of this Code in conspicuous places readily accessible to all employees. 
Every member of the trade shall comply with all rules and regula- 
tions relative to the posting of provisions of Codes of Fair Com- 
petition which may from time to time be prescribed by the 
Administrator. 

Article VI — Administration, Organization and Constitution 

Section 1. A Code Authority is hereby established for the Sur- 
gical Distributing Trade to cooperate with the Administrator in 
the administration of this Code, and shall consist of nine (9) per- 
sons, seven (7) of whom shall be selected by the American Surgical 
Trade Association and two (2) by non-members of the Association. 
Members of the Association and non-members elected to the Code 
Authority shall be elected thereto, either prior to and in contempla- 
tion of the approval of this Code, or subsequent to its approval, by 
a method of selection approved or prescribed by the Administrator. 
The Administrator may appoint not more than three (3) addi- 
tional members, without vote and without expense to the trade, to 
serve for such period of time, and to represent the Administrator or 
such group or groups, as he maj^ designate. 

Section 2. Each trade or industrial association directly or in- 
directly j)articipating 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, or- 
ganization, and activities as the Administrator may deem necessary 
to effectuate the purposes of the Act. 

Section 3. 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 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 appro- 
priate modification 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 any 
one for any act of any other member, officer, agent or employee of 

^Amended — See paragraph 2 (8) of ordei- approving this Code. 



158 

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 any one for any action or omission to act under 
this Code, except for his own wilful malfeasance or non-feasance. 

Section 5. 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 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 (30) days' notice to him of intention to proceed 
with such action in its original or modified form. 

POWERS AND DUTIES 

Section 6. 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, pro- 
vide for the compliance of the trade with the provisions of the Act, 
and to propose and submit to the Administrator modifications and/or 
amendments to this Code which shall become a part hereof upon 
approval by the Administrator after such notice and hearing as he 
shall specify. 

(b) To adopt by-laws and rules and regulations for its procedure 
and administration of the Code. 

(c) Through the Secretary of the Code Authority to obtain from 
members of the trade such information and reports as are required 
for the administration of the Code, and to provide for submission 
by members of such information and reports as the Administrator 
may deem necessary for the purposes recited in Section 3 (a) of the 
Act, w^hich information and reports shall be submitted by members 
to such administrative and/or government agencies as the Admin- 
istrator may designate; provided that nothing in this Code shall 
relieve any member of the trade of any existing obligations to furnish 
reports to any government agency. All such data shall be compiled 
by the Secretary in a form which will not reveal the data of an 
individual member of the trade, and in this form may be made 
available to the members of the trade as directed by the Code Au- 
thority unless otherwise directed by the Administrator.^ 

(d) To use the American Surgical Trade Association and other 
agencies as it deems proper for the carrying out of any of its activi- 
ties 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 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 and industry for the purpose of formu- 
lating fair trade practices to govern the relationships between pro- 



' Amended — See paragraph 2 (9) of order approving this Code. 



159 

duction 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. 

(f ) To establish an Industrial Relations Committee for the trade 
which shall consist of an equal number of representatives of em- 
ployers and employees and an impartial chairman. The Adminis- 
trator shall appoint such impartial chairman upon the failure of the 
committee to select one by agreement. If no truly representative 
labor organization exists, the employee members of such board may 
be nominated by the Labor Advisory Board of the N. R. A. and 
appointed by the Administrator. The employer representatives 
shall be chosen by the Code Authority. Such committee shall deal 
with complaints and disputes relating to labor, in accordance with 
rules and regulations issued by the Administrator. The Industrial 
Relations Committee may establish such divisional, regional, and 
local industrial adjustment agencies as it may deem desirable, each 
of which shall be constituted in like manner as the Industrial Rela- 
tions Committee. 

(g) To recommend to the Administrator further fair trade prac- 
tice provisions to govern members of the trade in their relations with 
each other, or with other trades, and to recommend to the Admin- 
istrator measures for industrial planning, including stabilization of 
employment. 

(h) To consider all charges of any breaches of the Code and/or 
any schedules or amendments thereto. 

Section 7. 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 policies 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 Cocte ; 

(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 therefore in its 
own name. 

Section 8. Each member of the trade 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 trade complying with the Code and contributing 
to tlie 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 



160 

or to make use of an^^ emblem or insignia of the National Recovery 
Administration. 

Section 9. 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 expenditures 
in excess of prior budget estimates except those which the Admin- 
istrator shall have so approved. 

Section 10. The Surgical Distributors Trade Code Authority may 
incorporate under the laws of any State of the United States or of 
the District of Columbia, or may assume or adopt such existing 
corporate form under any of such laws as it may deem appropriate 
for the proper performance, as and from the effective date, of its 
activities, powers and duties hereunder, such corporation or corporate 
form to be not for profit and to be known as the Surgical Distributors 
Trade Code Authority, Incorporated; provided that the powers, 
duties, objects and purposes of the said corporation shall, to the 
satisfaction of the Administrator, be limited to the powers, duties, 
objects and purposes of the Surgical Distributors Trade Code Au- 
thority as provided in this Code ; provided, further, that the existence 
of the said corporation shall be during the term of the Code; and 
provided, further, that the certificate of incorporation and by-laws 
shall be subject to the disapproval of the Administrator. 

Article VII — Prices, Terms, Sales, Etc. 

Section 1. All installment sales shall be covered by a written 
agreement retaining title or a lien until full payment is made, and 
shipment of goods shall not be made until agreement and notes for 
unpaid part of purchase price are signed and delivered and initial 
payment made. A first or down payment of not less than twenty 
(20) per cent of the total amount of the sale shall be required on 
installment sales. This provision is understood to prevent the ship- 
ping of merchandise on approval for a period in excess of ten (10) 
days. Immediately upon approval the initial payment shall be made. 
Deferred installments of installment sales shall not be more in 
number than as follows : 

Sales up to $300, not more than 10 monthly installments. 

Sales $300 to $500. not more than 12 monthly installments. 

Sales $500 to $1,000, not more than 18 monthly installments. 

Sales over $1,000, not more than 24 monthly installments. 

Section 2. A cash discount not exceeding five (5) per cent may be 
allowed for cash payment of purchase price of goods with order. A 
cash discount, not exceeding two (2) per cent, may be allowed for 
payment of an account by the 10th of the month following the date 
of purchase. Accounts shall be due and payable at the end of the 
month following the month in which the purchase is made. 

Article VIII — Trade Practices 

Section 1. No member of the trade shall give, permit to be given, 
or offer to give, anything of value for the purpose of influencing or 
rewarding the action of any employee, agent or representative of 



161 

another in relation to the business of the employer of such employee, 
the principal of such agent, or the represented party, without the 
knowledge of such employer, principal or party. Commercial 
bribery provisions shall not be construed to prohibit free and general 
distribution of articles commonly used for advertising except so far 
as such articles are actually used for commercial bribery as herein- 
above defined. 

(a) For the purposes of this Section, physicians, surgeons, and 
other professional men and women shall be considered agents or 
rej^resentatives of their patients and/or clients when they offer or 
recommend the purchase of products of this trade. 

Section 2. No member of the trade shall allow secret rebates, re- 
funds, commissions, credits, or unearned discounts, whether in the 
form of money or otherwise, or extend to certain purchasers special 
services or prices, nor shall a member extend special privileges not 
extended to all purchasers of the same class, on like terms and condi- 
tions, nor withhold from, or insert in an invoice or contract any 
statements which make the invoice or contract a false record, wholly 
or in part, of the transaction covered therel^y. 

Section 3. No member of the trade shall use advertising which is 
inaccurate in any material particular, nor shall a member directly, 
by ambiguity or by inference misrepresent merchandise or any sub- 
stance used in connection therewith (including, but not limited to 
its use, trade-mark, grade, quality, quantity, size, origin, material con- 
tent, preparation or curative or therapeutic effect) or credit terms, 
values, policies, or services; and no member of the trade shall use 
advertising and/or selling methods which tend to deceive or mislead 
the customer. Advertising includes all representations of fact or 
opinion disseminated in any manner or by any means, including the 
labeling of products. 

Section 4. No member of the trade shall disseminate, publish, cir- 
culate or cause to be disseminated, published or circulated any false 
or misleading statement relative to the following : 

(a) Any product or price thereof of any member of the trade; 

(b) The credit standing or ability of any member of the trade 
to perform any work or manufacture, or to produce any products. 

Section 5. No member of the trade shall secure or use or cause 
to be secured any information concerning the business of any other 
member of the trade which is properly regarded by him as a trade 
secret or as confidential within his organization, without first obtain- 
ing such member's consent. Nothing in this Section shall be con- 
strued to include information relating to a violation of any provision 
of this Code. 

Section 6. No member of the trade shall imitate or simulate any 
design, style, brand, trade-mark, slogan, or other means of identifi- 
cation owned by any other member of the trade in such a manner as 
has the tendency or capacity to mislead or deceive purchasers. In 
order to make this provision effective, the Association may provide 
for the establishment of an Agency for the registration of surgical 
instruments of original and useful design. ^'^ 

Section 7. No member of the trade shall sell the merchandise of a 
manufacturer or wholesaler to another distributor or other purchaser 



"Amended — See paragraph 2,(10) of order approving this Code. 



162 

for resale in a manner to interfere with the regular channels of dis- 
tribution, or with approved trade practices of any code governing the 
manufacturer or wholesaler thereof, except with the knowledge and 
consent of such manufacturer or wholesaler.^^ 

Section 8. No member of the trade shall induce or attempt to 
induce by any means, the breach of an existing contract between a 
competitor and his customer or source of supply; nor shall any such 
member interfere with or obstruct the performance of such con- 
tractual duties or services. 

Section 9. No member of the trade shall refuse to sell any of the 
products of this trade to another member of the trade or any other 
purchaser on the ground, or for the reason that said member of the 
trade or such other customer, is not a member of any trade association. 

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 modifv any order, approval, license, rule or regula- 
tion 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 effective on approval of the Adminis- 
trator unless otherwise provided and so long as such approval may 
be by law required. 

Article X — Monopolies 

No provision of this Code shall be so applied as to permit monopo- 
lies or monopolistic practices, or to eliminate, oppress, or discriminate 
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 prices of goods and 
services increase as rapidly as wages, it is recognized that price 
increases, except such as may be required to meet individual cost, 
should be delayed, but when made such increases should, so far as 
possible, be limited to actual additional increases in the seller's cost. 

Article XII — Effective Date 

This Code shall become effective on the second Monday after its 
approval by the President. 

Approved Code No. 507. 
Registry No. 1628-01. 



"Deleted — See paragraph 2 (11) of order approving this Code. 

o 



Approved Code No. 508 
CODE OF FAIR COMPETITION 

FOR THE 

INDUSTRY OF WHOLESALING PLUMBING PROD- 
UCTS, HEATING PRODUCTS AND /OR DISTRIB- 
UTING PIPE, FITTINGS AND VALVES 

As Approved on August 25, 1934 



OEDER 



Approving Code of Fair Competition for the Industry of Whole- 
saling Plumbing Products, Heating Products and/or Distribut- 
ing Pipe, Fittings and Valves 

An application having been duly made pursuant to and in full 
compliance with the provisions of the Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of a Code 
of Fair Competition for the Industry of Wholesaling Plumbing 
Products, Heating Products and/or Distributing Pipe, Fittings and 
Valves, and hearings having been duly held thereon and the annexed 
report on said Code, containing findings with respect thereto, having 
been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
80, 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 
exemption to the provisions of this Code be and is hereby granted to 
those members of the Wholesale Hardware Trade who are complying 
with the provisions of the Code of Fair Competition for the Whole- 
saling and Distributing Trade and the Supplemental Code of Fair 
Competition for the Wholesale Hardware Trade pending my further 
order; and provided further, that the provisions of Article VIII, 
insofar as they prescribe as waiting period of ten days between the 
filing with the Code Authority (or such agency as may be desig- 
nated in the Code) and the effective date of price lists as originally 

82608° 1044-121 34 

(103) 



164 

filed and/or revised price lists or revised terms and conditions of 
sale, be and they hereb}^ are stayed pending my further order. 

Hugh S. Johnson, 
Adininistrator for iTidustrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

August 25, 1934,. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Code of Fair Competition for the 
Industry of Wholesaling Plumbing Products, Heating Products, 
and/or Distributing Pipe, Fittings and Valves, a public hearing hav- 
ing been conducted thereon in Washington, D.C., October 3, 1933, in 
accordance with the provisions of Title I of the National Industrial 
Recovery Act. 

GENERAL STATEMENT 

The proponents of the Code show representation for 1,011 firms 
in ten (10) regional associations out of approximately 1,350 firms in 
the Industry. In 1932 the volume of business amounted to approxi- 
mately $324,000,000 of which the sponsoring members handled about 
$259,000,000, or 83 percent of the volume of sales. 

HOURS AND WAGES 

The Code for this Industry provides for a maximum work week of 
forty (40 ) hours with a limitation of eight (8) hours per day and 
six (6) days in each seven (7) day period. Exceptions are allowed 
in the cases of executives, and to persons in a managerial capacity 
who regularly receive not less than thirty-five (35) dollars per week 
and to outside Salesmen. Employees engaged as Watchmen may be 
permitted to work fifty-six (56) hours per week. The minimum rates 
of pay per week of forty (40) hours shall be in the North not less 
than $15.00 per week in cities over 500,000 population. $14.50 per 
week in Cities of 250,000 to 500,000 and $14.00 per week in any other 
place. In the South the rates shall be $1.00 per week lower than the 
minimum rates set for the North. 

ECONOMIC EFFECT OF THE CODE 

Prior to June 16, 1933, this industry worked on an average of 
fifty-five (55) hours per week. The adoption of a forty (40) hour 
standard work week in this industry represents a reduction in 
weekly hours of thirty-four (34) percent of the man hours in this 
industry. This reduction in basic hours will provide re-employ- 
ment for 6,375 workers or about sixty-one (61) percent of the unem- 
ployed workers in this industry. The minimum rates of wages 
established in the Code represent the same weekly pay envelopes for 
employees for a forty (40) hour week as they formerly received for 
a fifty-five (55) hour week in 1933. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter ; 

(1C5) 



166 

I find that : 

(a) Said Code is well designed to promote tlie policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
removal of obstructions to the free flow of inter-state and foreign 
commerce Avhich 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 practice, by promoting the fullest possible 
utilization of the present production 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 joroducts 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 v^^ith the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant group 
is an industrial group truly representative of the aforesaid Indus- 
try; and that said group imj)oses no inequitable restrictions on ad- 
mission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 
or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 
small enterprises and will not operate to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
Code. 

For these reasons, this Code of Fair Competition for the Industry 
of Wholesaling Plumbing Products, Heating Products, and/or Dis- 
tributing Pipe, Fittings and Valves has been approved. 

Hugh S. Johnson, 

A dininistrator. 
August 25, 1934. 



CODE OF FAIR COMPETITION FOR THE INDUSTRY OF 
WHOLESALING PLUMBING PRODUCTS, HEATING 
PRODUCTS AND/OR DISTRIBUTING PIPE, FITTINGS 
AND VALVES 

Article I — Purpose 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code 
of Fair Competition for the Industry of Wholesaling Plumbing 
Products, Heating Products and/or Distributing Pipe, Fittings and 
Valves, and shall be the standard of fair competition for such Indus- 
try and shall be binding upon every member thereof. 

Article II — Definitions 

Section 1. The term " Industry of Wholesaling Plumbing Prod- 
ucts, Heating Products and/or Distributing Pipe, Fittings and 
Valves " or " Industry ", as used herein, includes the performance of 
wholesale functions, such as assembling, warehousing and buying 
from manufacturers the products defined in Sections 2 and 3 hereof, 
and the selling, transferring or distributing of such products, either 
directly or indirectly, to retailers, institutional, commercial and/or 
industrial users, or to retail divisions, branches or stores for resale 
and/or the selling and distributing of pipe, fittings and valves, as 
defined in Section 4 hereof, but not including sales of pipe, fittings 
and valves by Manufacturers. 

Section 2. The term " Plumbing Products ", as used herein, in- 
cludes Bath tubs. Lavatories, Sinks, Water Closets, Urinals, Showers, 
Drinking Fountains, and all other plumbing fixtures with accessory 
and complementary products. 

Section 3. The term ' " Heating Products ", as used herein, in- 
cludes Heating Boilers, Radiators, with accessory and complementary 
products. 

Section 4. The term " Pipe "', " Fittings and Valves ", as used 
herein, includes Steel, Wrought Iron, Copper, Brass and other metal 
pipes with fittings and valves of like materials for the conveyance 
and control of water, steam, gas, air and other liquids, but does not 
include oil well tubular pipe. 

Section 5. The term '' Member of the Industry ", as used herein, 
includes any individual, partnership, corporation, or other form of 
enterprise engaged in the Industry, either as an employer or on his 
or its own behalf. 

Section 6. 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 7. The terms " President ", "Act " and "Administrator ", 
as used herein, mean respectively the President of the United States, 

(167) 



168 

Title I of the National Industrial Recovery Act and the Adminis- 
trator for Industrial Recovery. 

Section 8. The term " Joint National Committee ", as used herein, 
includes the thirty (30) representatives of the Associations present- 
ing this Code and the individual members thereof, or as such Com- 
mittee may be augmented by the inclusion of representatives of other 
Associations and/or members of this Industry. 

Section 9. The term " Wholesaler ", as used herein, includes any 
Member of the Industry who performs wholesale functions such as 
assembling, warehousing and buying from manufacturers, Plumbing 
and/or Heating Products as defined in Article II, Sections 2 and 3, 
and who maintains at his or its place of business a stock of such 
products in such variety and volume as to meet the installation re- 
quirements, in conformity with the building codes and health regu- 
lations of the trading areas in V7hich he or it operates and whose 
major sales are to Plumbing and Heating Contractors or to Insti- 
tutional, Commercial and Industrial Users. 

Section 10. The term " Jobber "' and/or " Distributor ", as used 
herein, includes any Member of the Industry who buys pipe, fittings 
and valves from manufacturers thereof for resale and who maintains 
a stock of such products in sufficient quantity and variety to render 
normal service. 

Section 11. The term " Wholesaler-Retailer ", as used herein, 
includes any Member of the Industry who performs wholesale func- 
tions such as assembling, warehousing and buying from manufac- 
turers of Plumbing Products and/or Heating Products, and who 
assigns or sells such products to retail divisions, branches or stores 
which thereafter make their major sales to the ultimate consumer. 

Section 12. The term " Plumbing Contractor " or " Master 
Plumber ", as used herein, is defined as : Any individual who has 
passed a satisfactory examination, where required hj law, covering 
his technical training and experience in the engineering and manual 
aspects of his trade, has a license wdiere required, in conformity 
with the requirements of the area in which he operates, or, in areas 
where no license is required, is capable of malring a satisfactory 
installation under either the " United States Bureau of Standards' 
Recommended Minimum Requirements for Plumbing as revised to 
Ma}^, 1931 ", or the " Plmnbing Code " approved by the National 
Association of Master Plumbers of the United States, Inc., in con- 
vention June, 1933, or a firm, corporation or other entity organized 
for the purpose of selling and installing plumbing products, any 
member, oiRcer, or regular employee of which is qualified as above 
provided. 

Section 13. The term " Heating Contractor ", as used herein, is 
defined as : Any individual, firm or corporation or other form of en- 
terprise which conducts a business as such and who holds itself or 
himself out as qualified b^ training and experience to install heating, 
piping and/or air conditioning equipment, either in connection with 
the sale of such equipment or independently thereof. 

Section 14. The t^rm " Institutional, Commerciar'and/or InduS' 
trial Users " of Plumbing Products, as used herein, is defined as : 
The United States Government and the agencies thereof, St»te Gov- 
ernments and their political subdivisions, railroads, shipbuilders, 



I 



169 



ship repair yards, and steamship companies or anj-one who pur- 
chases PlumJbing Products, on a wholesale quantity basis and who 
employs regularly on full time, a properly qualified IMastcr Plumber, 
as defined in Section 12 of this Article. 

Sectiox 15. (a) The term "Institutional, Commercial and/or 
Industrial Users " of Heating Products, as used herein, is defined as: 
The United Siates Government and the agencies thereof, State Gov- 
ernments, and their political subdivisions, railroads, shipbuilders, 
ship repair yards, and steamship companies or anj'one who purchases 
heating products on a wholesale quantity basis. 

(b) Other classes of purchasers of Heating Products may be so 
classified by the Code Authority, subject to approval by the 
Administrator. 

Section 16. The t'Crm " Consumer ", as used herein, is defined as 
one who purchases plumbing and/or heating products for its or his 
own ase and not for the purpose of resale, except institutional, 
commercial and/or industrial users, as defined in Sections 14 and 15. 

Section 17. The term " Manufacturer ", as used herein, includes 
anyone engaged in the manufacture of the products of the Industry. 

Article III — Houes 

Section 1. No employee except as hereinafter provided, shall bo 
])ermitted to work more than eight (8) hours in an}^ one day or more 
than forty (40) hours in any one week. 

Section 2. No Watchman shall be permitted to work in excess of 
fifty-six (56) hours in any one week nor more than six (6) days in 
any one week. 

Section 3. The provisions of this Article shall not apply to per- 
sons in a managerial or executive capacity who regularly receive 
a salary or guaranteed minimum of $35.00 per week or more, or to 
outside salesmen. 

Section 4. In case of necessity any emploj^ee may be permitted to 
work in excess of his maximum daily and/or weekly hours as speci- 
fied in Section 1 of this Article provided that one and one-third 
(1%) times his normal rate per hour shall be paid for each hour 
worked in excess of said maximum daily and/or weekly hours. In 
no case, however, shall any employee be permitted to work more than 
eight (8) hours per week in excess of his maximum weekly hours 
as specified in Section 1 of this Article, provided, however, that this 
exception shall be limited to not more than twelve (12) weeks in 
any year. 

Section 5. Each Employer shall, as far as practicable, so admin- 
ister work in his charge as to provide the maximum continuity of 
employment for his personnel. 

Section 6. No employer shall knowingly permit any employee to 
work for any time which, when added to the time spent at v>^ork for 
another employer or emj^loyers exceeds the maximum permitted 
herein. 

Section T. No employee shall be permitted to work more than six 
(6) days in any geven (7) day period. 

82(iU8° 1044-121 34—2 



170 

Article IV — Wages 

Section 1. The minimum rates of pay per week of forty (40) 
hours shall be as follows in cities or the population listed below and 
their immediate trade areas: 

(a) Over 500,000 population — not less than $15.00 per week. 

(b) 250,000 to 500,000 population— not less than $14.50 per week. 

(c) Less than 250,000 population — not les3 than $14.00 per week. 

(d) In the South at the rate of $1.00 per week less than the rates 
specified above in Paragraphs (a), (b), and (c). Population for the 
purposes of this Code shall be determined by reference to the 1930 
Census of the United States. The South shall include the states of 
Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Loui- 
siana, Mississippi, New Mexico, North Carolina, South Carolina. 
Virginia, Texas, Tennessee and West Virginia. 

Section 2. No part-time employee, and no employee paid on an 
hourly basis shall be paid less than ±00 per hour. Any employee who 
works less than the regular full time weekly hours of labor estab- 
lished by his employer shall be considered a part-time employee. 

Section 3. (a) Employees with less than three (3) months' ex- 
perience in the trade may be paid at the rate of $1.00 less than the 
minimum rates prescribed in Section 1 of this Article IV. 

(b) Office boys, delivery boys and messengers between the ages of 
sixteen (16) and eighteen (18) years inclusive, may be paid at the 
rate of $2.00 less per week tlian the minimum rate prescribed, in 
Section 1 of this Article. 

(c) Junior employees between the ages of sixteen (16) and eight- 
een (18) years, and not included in the categories .specified in para- 
graph (b) of this section 3, shall be governed by the provisions of 
paragraph (a) of this Section 3. 

(d) The total number of learners and junior employees as defined 
in paragraphs (a), (b) and (c) of this section shall not exceed in 
number more than 5% of the total number of employees of guch em- 
ployer, provided that each employer may employ at least one (1) 
learner or junior employee. 

Section 4. The hourly wage rate or salary of all Employees re- 
ceiving more than the mininuun rate or salary herein prescribed 
shall be equitably adjusted, if such adjustments have not already 
been made. No employee now receiving compensation at a rate in 
excess of the minimum herein prescribed shall have his weekly 
compensation reduced on account of any reduction in weekly hours 
of emplo3'ment to conform to requirements of Article III. 

Section 5. Each employer shall make payment of all wages due 
not otherwise than in lawful currency or by negotiable check there- 
for, payable on demand. Ther:e wages shall be exempt from any 
payments for pensions, insurance or sick benefits, or any other 
deductions by the employer, other than those voluntarily paid by the 
wage earner, or required by law. Wages shall be paid at least semi- 
monthly, and salaries shall be paid at least monthly. No employer 
shall accept any rebate directly or indirectly on such wages or 
salaries. 

Section 6. A person whose earning capacity is limited because of 
age or physical or mental handicap may be employed in light work 



171 

at a wage below the minimum established by this Code if the em- 
ployer obtains from the State Authority designated by the United 
States Department of Labor a certificate authorizing his employ- 
ment at such wages and for such hours as shall be stated in the 
certificate. 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 employed b}^ him showing the wages paid to, and 
the maximum hours of work for such emplo3'ee. 

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 
cf age shall be emploj^ed at operations or occupations which are 
hazardous in nature or dangerous to health. The Code Authority 
shall submit to the Administrator within 30 days after the effective 
date of this Code a list of siicli operations or occupations. In any 
State an Employer shall be deemed to have complied %vith this pro- 
vision if he shall have on file a certificate or permit duly issued by 
the authority in such State empowered to issue emjjloyment or age 
certificates or permits showing that the Employee is one of the 
required age. 

Section 2. (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 Em- 
ployers of labor or their agents in the designation of such repre- 
sentatives or in self-organization or in otlier concerted activities for 
the purpose of collective bargaining or other mutual aid or pro- 
tection. 

(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 organi- 
zation 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. 

Section 3. Every Member of the Industry shall comply with all 
rules and regulations relative to the posting of provisions of this 
Code which may from time to time be prescribed by the Adminis- 
trator. 

Section 4. Employers shall not reclassify Employees or duties or 
occupations performed by Employees or engage in any other subter- 
fuge so as to defeat the purpose of the Act or the provisions of this 
Code. 

Section 5. Every Employer shall provide for the safety and health 
of his Employees at the place and during the hours of their employ- 
ment. Standards for safety and health shall be submitted by the 
Code Authority to the Administrator for approval within six (6) 
months after the effective date of tliis Code. 

Section 6. No employee shall be dismissed or demoted by reason 
of making a complaint or giving evidence with respect to an alleged 
violation of this Code. 



172 

Section 7. No provisions in this Code sliall supersede any law 
within any State which imposes more stringent requirements on 
Employers as to age of Employees, wages, hours of work, or as to 
safet}', health, sanitary or general working conditions, or insui'ance. 
or fire protection, than are imposed by this Code. 

Section 8. There may be established by the Administrator an In- 
dustrial Relations Board for the Industry consisting of an equal 
number of representatives of emploj^ers and emploj^ees to deal with 
all matters in the Code relating to labor. Where a majority agree- 
ment cannot be reached, the Board shall elect an impartial chairman 
to render a decision. If no truly representative labor organization 
exists, the employee members of such Board shall be chosen by the 
Labor Advisory Board of the National Recovery Administration. 
The employer representatives shall be chosen by the Code Authority. 
The Industrial Relations Board may establish such subsidiary agen- 
cies constituted in like manner as it finds necessary. 

Article VI — Administration 

ORGANIZATION, POWERS AND DUTIES OF THE CODE AUTHORITY 

Section 1. A Code Authority is hereby constituted to administer 
this Code and shall consist of thirteen (IB) members, which number 
may be enlarged or decreased with the approval of the Adminis- 
trator, to be elected as hereinafter provided and in addition thereto 
there may be three (3) members, without vote, to be known as Ad- 
ministrative Members, to be appointed by the Administrator to serve 
for such terms as he may specify. 

Section 2. (a) Until the election of the Code Authority, as here- 
inafter provided, there shall be a temporary Code Authority, con- 
sisting of ten (10) members, who shall be elected by the Joint Na- 
tional Committee within ten (10) days aft«r the effective date of this 
Code and in addition thereto there may be appointed by the Admin- 
istrator four (4) members who shall be Members of the Industry 
and who shall not be members of any association represented on the 
Joint National Committee, provided however that two (2) of such 
appointed members shall be Wholesaler-Retailers and (1) shall be a 
Jobber and/or Distributor and one (1) shall be a Wholesaler, and 
there may be appointed thereto the Administrative Members as pro- 
vided for the Code Authority in Section 1. 

(b) Within sixty (60) days after the effective date of this Code, 
the Code Authority shall be elected by the Members of the Industry 
at an election conducted pursuant to a plan to be submitted by the 
temporary Code Authority to the Administrator for his approval. 
The plan and method of this election shall be submitted to the Ad- 
ministrator by the temporary Code authority within thirty (30) 
days after the approval of this Code. Such plan shall provide for 
equitable representation of Wholesalers, Wholesaler-Retailers, and 
Jobbers and/or Distributors. 

Section 3. The Code Authority, subject to the approval of the 
Administrator, shall have power to divide and, if necessary, to sub- 
divide, the United States into such zones, districts and/or local areas 
as, in its judgment, will best facilitate the administration of this 
Code and, further, shall have povs'cr to establish and appoint subordi- 



173 

nate Regional Code Committees for each zone, district or local area 
and to delegate to such subordinate Regional Code Committees any 
of the powers, duties, and/or functions reposed in the Code Author- 
it}^ by this Code. Such Regional Code Committees shall render their 
minutes and reports of each of their activities to the Code Authority 
for its review and any action of a Regional Code Committee shall be 
subject to the approval of the Code Authority. All records and 
minutes submitted by such Regional Code Committee shall become 
a part of the permanent records of the Code Authority. Each 
Regional Code Committee may establish uniform credit terms, sub- 
ject to the approval of the Code Authority and the Administrator. 

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 provide such 
hearings as he may deem proper ; and thereafter, if he shall find that 
the Code Authority is not truly representative or does not in other 
respects comply with the provisions of the Act, may require an ap- 
propriate modification in the method of selection of the Code 
Autliority. 

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 emplo5'^ee 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 wilful malfeasance or non-feasance. 

Section 6. 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 Au- 
thority, Members of the Industry subject to this Code shall furnish 
such statistical information as the Administrator may deem necessary 
for the purposes recited in Section 3 (a) of the Act to su-ch Federal 
and State agencies as he ma;/ designate; provided that nothing in 
this Code shall relieve an}^ Member of the Industry of any existing 
obligations to furnish reports to any Government agency. No indi- 
vidual 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. Nothing herein shall be con- 
strued to prohibit the publication of general summaries compiled 
from such reports. 

(d) To use such trade associations and other agencies including 
the Regional Code Committees as it deems proper for the carrying 
out of any of its activities provided for herein, provided that noth- 
ing herein shall relieve the Code Authority of its duties or respon- 



174 

sibilities under this Code and that such trade associations and 
agencies shall at all times be subject to and comply with the provi- 
sions 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) It being found necessary 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; 
(a) an itemized budget of its estimated expenses for the foregoing 
purposes, and (b) 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 be-en ap- 
proved by the Administrator, to determine and obtain equitable con- 
tributions 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. 

(4) (a) Each member of the Industry shall pay his or its equi- 
table 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 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

(4) (b) The Code Authority shall neither incur nor pay any obli- 
gation 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 ex- 
penditures 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- 
bilization 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 formu- 
lating fair trade practices to govern the relationships between em- 



175 

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 eifect compliance with av/ards and determinations. 

Section 7. If the xlclministrator shall determine that any action of 
the Code Authority or of any Regional Code Committee or any 
agency thereof may be unfair or unjust or contrary to the public 
interest, the Administrator may require that such action be sus- 
pended to afford an opportunity for investigation of the merits of 
such action and further consideration by the Code Authority or 
agency pending final action, which shall 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. 

SectiojS- 8. Employment Reports. — (a) Each Employer in this 
Industry shall furnish, to a Confidential agent of the Code Author- 
ity, when required by the Code Authority, on forms to be furnished 
by said Code Authority, a sworn report of the number of persons 
employed, wage rates in effect, and hours worked in his plant or 
plants, classified by occupations, together with such other sworn 
employment reports as the Code Authority may require from time 
to time. 

(b) Individual reports shall not be available to anyone except 
the Administrator and the representatives of the Code Authority 
(who shall not be in the employ of any Member of this Industry) ; 
provided, however, that in the event of a complaint, the Code 
Authority may require all information pertinent to such complaint. 
Total figures compiled from such reports shall be available to 
Members of the Industry. 

Article VII — Trade Practices 

The following practices constitute unfair methods of competition 
for Members of the Industry and are prohibited : 

Sectiok 1 (Discrimination). ^Discriminating in prices, terms, dis- 
counts, allowances, guarantees, or in any other way, betvv^een 
purchasers of the same class, who purchase in like quantity. 

Section 2 (Split Shipments). — Except for a specific building 
operation, delivering only portions of orders taken at a quantity 
price with the intent, or having the effect of violating published 
prices. 

Section 3 (Delivery Charges). — Where the published price pro- 
vides for an extra charge for parcelpost, cartage, or other transpor- 
tation, failing to make such charge. 

Section 4 (Rebates). — Paying or allowing rebates, refunds, com- 
missions, credits, unearned discounts, whether in the form of money 
or otherwise, or extending to certain purchasers special prices, serv- 
ices, or privileges not extended to all purchasers of the same class 
on like terms and conditions. 

Section 5 (Fictitious Dating or Invoicing). — -Post-dating or pre- 
dating of quotations, orders, invoices, statements or other sales 



176 

documents; making fictitious quotations or invoices, or the entering 
of fictitious orders. 

Section 6 (Inducing Breach of Contract). — Inducing or attempt- 
ing to induce the breach of a contract between a competitor and his 
customer during the terms of such contract; provided, however, that 
nothing in this rule shall prevent a Member of the Industry who 
has quoted on the material involved from calling to the attention 
of the purchaser, even though the order has been placed and 
accepted, that the list of materials for which the order has been 
placed does not conform in size, quantity or quality to the mate- 
rials on which the quotations were solicited. 

Section 7 (Repudiation of Contracts). — Repudiating or attempt- 
ing to cancel accepted orders, except for legal cause or by mutual 
consent for the purpose or with the effect of avoiding the provisions 
of Article VIII, Section 2. 

Section 8 (Lump Sum Bidding). — Quoting a total price on any 
schedule of plumbing products, heating products and/or pipe, fittings 
and valves, which does not show unit prices, or adding to or deduct- 
ing from any such schedule on any other basis than the unit price 
shown. This shall not be consti'ued to prohibit quantity discounts 
applying to units. 

Section 9 (False Marking or Branding). — The false marking or 
branding of any products of the Industry which has the tendency 
to mislead or deceive customers or prospective customers, whether 
as to nature, origin, size, finish, grade, quality, quantity, substance, 
character or preparation of any product of the Industry, or 
otherwise. 

Section 10 (Misrepresentation or False or Misleading Advertis- 
ing). — Making, causing or knowingly permitting to be made or pub- 
lished, any false, materially inaccurate or deceptive statement by 
way of advertisement or otherAvise, whether concerning grade, 
quality, quantity, substance, character, nature, origin, size, finish, or 
preparation of any product of the Industry or credit terms, values, 
policies, or services of any Member of the Industry, or otherwise, 
having the tendency or capacity to mislead or deceive customer or 
prospective customers. 

Section 11 (Substitution.) Furnishing without the consent of the 
purchaser articles of more or less expense, of better or inferior 
quality, or of larger or smaller size than specified and without mak- 
ing the proper adjustment in the quoted price and clearly indicating 
the nature of the substitution. 

Section 12 (Defamation). — Defaming competitors, customers or 
prospective customers by falsely imputing to them dishonorable 
conduct, inability to perform contracts, questionable credit standing, 
or by other false representations or by the false disparagement of 
the grade or quality of their goods. 

Section 13 (Commercial Bribery). — Giving, permitting to give, 
or directly offering to give anything of value, for the purpose of 
influencing or rewarding the action of any employee, agent, or rep- 
resentative 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. 



i 



177 

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 l-l (Protection). — Selling or offering to sell products of 
the Industry under any form of guaranty to a purchaser or prospec- 
tive purchaser against either advance or decline in the price of said 
products, except for a specific project, or when a contract of sale 
for future delivery is made for a definite quantity of such products, 
at a definite delivery date. 

Section 15 (Threats of Litigation). — Publishing or circulating 
threats of suits for infringement of patents or trade marks, or of any 
other legal proceedings not in good faith, with the tendency or effect 
of harassing competitors or intimidating their customers. 

Section 1G (Espionage of Competitors). — Securing confidential 
information concerning the business of a competitor by a false or 
misleading statement or representation by a false impersonation of 
one in authority, by bribery, or by any other unfair method. 

Section 17 (Sales at Wholesale Price). — Selling, or offering to sell, 
plumbing products or heating products at Wholesale Prices to other 
than Plumbing ContractorSj Heating Contractors, Ketail Divisions, 
Branches or Stores; or Institutional, Commercial and/or Industrial 
users as hereinbefore defined. 

Section 18 (Quotations). — Allowing a quotation for a specific 
building operation which provides for the acceptance within a speci- 
fied time to remain in effect after the time allowed for the acceptance 
has expired. 

Section 19 (Plans, Specifications, Estimating). — Rendering engi- 
neering services (which shall not include estimating), without 
remuneration to cover the actual cost of such service; or estimating 
quantities, types, sizes, or quality of products of the Industry inac- 
curately with the intent and effect of misleading or deceiving cus- 
tomers or i^rospective customers. 

Section 20 (Second Hand Material). — Selling used or damaged 
plumbing products, heating products, and/or pipe., fittings and valves 
in the same place of business where new products are sold without 
segregating such used and damaged products and clearly identifying 
same as such. 

Abticle VIII — Marketing Policies and Distribution ^ 

Section 1 (Invoices). — All sales shall be invoiced at the tirae of 
shipment, and such invoices t<3gether with credit memoranda and all 
other documents relating to the sale shall clearly and accurately 
state all of the essential elements of the sale, including types and 
sizes of products, quantities, prices, credit terms, discounts, allow- 
ances, date of order, date of acceptance, date of shipment and other 
pertinent information. Copies of invoices together with credit mem- 
oranda and all other sales documents, shall be available to representa- 
tives of the Code Authority who shall not be insthe employ of any 
Member of the Industry as and when directed by the Code Authority, 



^Sea paragraph 2 of order approving this Code. 



178 

and in the event of a complaint true copies of invoices, credit memo- 
randa and all other sales documents shall be sent immediately to the 
Code Authority upon its request. 

Section 2 {Publislied Prices). — (a) Each Member of the Industry 
shall file with a confidential and disinterested agent of the Code 
Authority, identified lists of all of his prices, discounts, rebates, 
allowance^ and all other terms or conditions of sale or transfer, 
hereinafter in this Article referred to as " price terms ", which lists 
shall completely and accurately conform to and represent the indi- 
vidual pricing practices of said Member. Said price terms shall in 
the first instance be filed within thirty (30) days after the effective 
date of this Code. Price terms and revised price terms shall become 
effective ten (10) days after receipt thereof by said agent. Im- 
mediately upon receipt thereof said agent shall by telegraph or by 
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 simultaneously dis- 
tributed to all Members of the Industry and to all of their customers 
who have applied therefor and have offered to defray the cost actu- 
ally incurred by the Code Authority in preparation and distribution 
thereof and be available for inspection by any such customers at 
the office of such agent. Such lists shall contain the price terms for 
all Plumbing Products, Heating Products and Pipe, Fittings and 
Valves as are sold or offered for sale by said Member. 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 thirty (30) 
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 record^ except upon 
written consent of the Administrator. Upon request the Code Au- 
thority shall furnish to the Administrator or any duly designated 
agent of the Administrator copies of any such lists of revisions of 
price terms. 

(b) When any Member of the Industry has filed any revision, 
such member shall not file a higher price within forty-eight (48) 
hours. 

(c) No Member of the Industry shall sell or offer to sell any 
products of the Industry except in accordance with such filed price 
terms. 

(d) No Member of the Industry shall enter into any agreement, 
understanding, combination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any Member of the Industry 
to change his price terms by the use of intimidation, coercion, or 
any other influence inconsistent with the maintenance of the free and 
open market which it is the purpose of this Article to create. 

Section 3. The following practices specifically are violations of 
Section 2 of Article VIII : 

^a) Publishing false or fictitious price lists. 

(b) Issuing price bulletins to customers, salesmen, price clerks, 
or to branches, divisions, or affiliates of any Member of the Industry 
performing retail functions containing other than the pricos cover- 



179 

in^ such sales, transfers or deliveries, which shall have been pub- 
lished as price lists under the preceding section. 

Section 4. Subject to the approval of the Code Authority and 
the disapproval of the Administrator, the Regional Code Committee 
of a trading area may classify certain products as obsolete. In 
such instances the published prices shall carry the notation and 
invoices for such products shall plainly show the following word- 
ing: " Special prices on account of close-out.'^ 

_ Section 5 (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 to 
the Administrator for reyiev/. 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, 
but if any Member of the Industry fails to utilize such methods, such 
Member shall make a full disclosure to the Code Authority of the 
methods actually employed. If no method of cost finding or "account- 
ing is used by a Member of the Industry he shall so advise the Code 
Authority. Nothing herein contained shall be construed to permit 
the Code Authority, or any agent thereof, or any Member of the 
Industry to suggest uniform additions, percentages or differentials, 
or other uniform items of costs which -are desigTied to bring about 
arbitrary uniformity of costs or prices. 

Section 6. (Plumbing and Heating Products.) — Any Member 
of the Industry who is also a Member of any other Industry shall 
conduct his business in this Industry separately from his busi- 
ness in any other Industry by means of separate accounting there- 
for. It sh-all constitute unfair competition for any Member of 
this Industry, who is also a member of either the retail division of 
the Plumbing Industry or of the retail division of the Heating 
Industry, to sell, assign or transfer plumbing products and/or heat- 
ing products from his business in this Industry to his business in the 
retail division of the Plumbing Industry or to his business in the 
retail division of the Heating Industry at prices other than as pub- 
lished in accordance with Section 2 of this Article. 

Section 7 (Costs and Price Cutting). — The standards of fair com- 
petition for the Industry v/ith reference to pricing practices are 
declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of com- 
petition and is forbidden. Anj^ member of the Industry or of any 
other industry or the customers of either may at any time complain 
to the Code Authority that any filed price constitutes unfair compe- 
tition as destructive price cutting, imperiling small enterprises or 
tending toward monopoly or the impairment of code wages and 
working conditions. The Code Authority shall within five (5) days 
afford an opportunity to the member filing the price to answer such 
complaint and shall within fourteen (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 National Recovery Administration which 
shall render a report and recommendation thereon to the Ad- 
ministrator. 



180 

(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 considera- 
tion should be given to costs in the determination of pricing policies. 

(c) When an emergency exists as to any given products, sale below 
the stated minimum price of such product, in violation of Section 8 
hereof, is forbidden. 

Section 8 (Emergency Provisions). — (a) If the Administrator, 
after investigation, shall at any time find both (1) that an emer- 
gency has arisen within the Industry adversely affecting small en- 
terprises 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 nec- 
essary 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 Ad- 
ministrator a determination of the stated minimum price of the prod- 
uct 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 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 reconsideration 
or the Administrator may cause any determinations hereunder to be 
reviewed or reconsidered and appropriate action taken. 

Article IX — Modification 

This Code and all the provisions thereof are expressly made sub- 
ject to the right of the President, in accordance with the provisions 
of sub-section (b) of Section 10 of the National Industrial Recovery 
Act, from time to time to cancel or modify any order, approval, 
license, rule or regulation issued under Title I of said Act and 
specifically, but without limitation, to the right of the President to 
cancel or modify his approval hereof. 

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. 

Article XI — Effective Date 

This Code shall become effective on the tenth day after its ap- 
proval by the President. 



Approved Cocie No. 508. 
Registry No. 1129—3-12. 



o 



ri. 



AMENDMENTS 



86360- 



Approved Code No. 235 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TEXTILE PROCESSING INDUSTRY 

As Approved on August 6, 1934 



ORDER 



Modification of Code of Fair Competition for the Textiie 
Processing Industry 

An application having been duly made pursuant to and in full 
•compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a modification 
of a Code of Fair Competition for the Textile Processing Industry, 
and hearings having been duly held thereon and the annexed report 
on said modification, containing findings with respect thereto; hav- 
ing been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise; do hereby incorporate, by reference, said an- 
nexed report and do find that said modification and the Code as 
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, 
Ad77hinistrator for Industrial Recovery. 

Approval recommended: 
Robert L. Houston, 

Division Administrator. 

Washington, D.C, 

August 6, 193^. 

(181) 



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 Textile Processing Industry, 
held in Room A at the Washington Hotel, Washington, D. C, April 
20. The Amendments, which are attached, were presented by duly 
qualified and authorized representatives of the Industry, complying 
with statutory requirements and being the same Agency that origi- 
nally submitted 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 AMENDMENTS 

There are four groups of Amendments as follows : 

1. The addition to Article I of new Sections as follows: 
Section 9 which defines the term " Division." 

Section 10 which defines the term " Member of the Industry." 
Section 11 which defines the term "" Member of the Division." 
Section 12 which defines the term " Service Charge." 
Section 13 which defines the term " Selling Price." 

2. Additions to Article III of new Sections as follows: 
Section 4 regarding the liability of members of the Code 

Authority. 

Section 5 which provides for certain further powers and duties 
for the Code Authority. 

Section 6 which provides for the establishment of the various 
divisions of the Industry, and also sets up the machinery whereby 
the divisions ma}^ make recommendations to the Code Authority 
and the method of voting on these recommendations by the divisions. 

3. The addition of a new Article, number VII, as follows: 
Section 1 which provides for the registration of productive 

machinery. 

Section 2 Avhich provides that any division in the Industrj^ may 
recommend to the Code Authority a plan for restricting or pro- 
hibiting the installation of productive machinery and equipment and 
also that the Code Authority shall submit such a plan to the 
Administrator. 

4. The addition of a new Article, number VIII. 
This Article provides certain trade practice rules for the Industr3^ 

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 thfe 

(182) 



183 

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 i^romoting 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 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 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 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, 

Administrator. 
August 6, 1934. 



MODIFICATION OF CODE OF FAIR COMPETITION FOK 
THE TEXTILE PROCESSING INDUSTRY 

Article I is hereby amended by the addition of new sections, to- 
read as follows: 

" 9. The term " division " as used herein means a group of mem- 
bers of the Industry engaged in the same part or parts of the Indus- 
try, which groups are set up in Article III, Section 6 of this Code, or 
which may hereafter be set up pursuant to the provisions of such, 
section. 

" 10. The term " member of the Industry " includes, but with- 
out limitation, any individual, partnership, association, corporation 
or other form of enterprise engaged in the Industry, either as an 
emploj'^er or on his or its behalf, including enterprises operating, 
under receivership. 

" 11. The term " member of the division " means any member of 
the Industry engaged in operations included within the scope of a 
particular division herein named or hereafter organized. 

" 12. The term " service charge " as used herein means the amount 
paid or to be paid to any member of the Industry for any of the 
services performed by members of the Industry as defined in Article 
I, Section 1, including the actual cost of incidental supplies and 
materials furnished by members of the Industry in connection with 
such services. 

" 13. The term " selling price " as used herein means the amount 
paid or to be paid to any member of the Industry for the sale of any 
products made and/or distributed by the Industry, as defined in 
Article I, Section 1." 

Article III is hereby amended by the addition of new sections, to 
read as follows : 

" 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 Authority exer- 
cising reasonable diligence in the conduct of the duties hereunder, be 
liable to anyone for any act or omission to act under this Code, ex- 
cept for his own wilful malfeasance or nonfeasance. 

" 5. The Code Authority shall have the following further powers 
and duties : 

(a) To insure the execution of the provisions of this Code and to 
provide, subject to rules and regulations established by the Admin- 
istrator, for the compliance of the Industry with the provisions of 
the Act; provided, however, that this shall not be construed to de- 
prive duly authorized governmental agencies of their power to- 
enforce the provisions of this Code or of the Act. 

(b) To adopt by-laws, rules and regulations for its procedure and 
for the administration and enforcement of the Code. 

(184) 



185 

(c) To use such agencies and to establish such committees 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 agencies and committees shall at all times be subject to and com- 
ply with the provisions hereof, and provided that representatives 
designated by the Administrator shall be given full opportunity to 
attend all hearings of such agencies and committees. 

(d) To co-operate with the Administrator in regulating the use 
of any National Recovery Administration Code Insignia solely by 
those members of the Industry who are complying with this Code. 

(e) To appoint, within six weeks after the effective date, a com- 
mittee so constituted as to give consumer and governmental repre- 
sentation satisfactory to the Administrator, to make a study with a 
view to the establishment of classifications, nomenclature and stand- 
ards of quality (grades) of staple products and services of the Indus- 
try wherever such standards are deemed feasible. The findings and 
recommendations of this committee shall be submitted to the Admin- 
istrator, within six months after such hearings 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 Industry. 

" 6. (a) The following divisions of the industry are hereby estab- 
lished and set up : 

Cotton Yarn Dyers and Bleachers 

Cotton Yarn Glazers 

Cotton Yarn ^lercerizers 

Cotton and Wool Yarn Winders, Warpers and Slashers 

Ra^'on Yarn Dyers 

Rayon Yarn General Converters 

Raj^on Yarn Straight Twisters 

Novelty Yarn Twisters 

Rayon Yarn Winders, Warpers, Slashers and Beamers 

Woolen and Worsted Yarn Dyers 

Woolen and Worsted Woven Piece Goods Dyers and Finishers 

Woolen and Worsted Knitted Piece Goods Dyers and Finishers 

Cotton and Rayon Tubular Knit Goods Dyers and Finishers 

Raw Stock and Top Dyers 

Hosiery Dyers 

Hosiery Finishers. 

(b) Every member of the Industry who manufactures or sells any 
product of the Industry or performs any of the services included in 
the Industry'-, shall, as to each product or service, operate under the 
rules formulated for the division and/or divisions set up in subdivi- 
sion (a) of this section into which such product or service falls, and 
shall be a member of that division and/or divisions. 

" The Code Authority may, from time to time, with the approval 
of the members of the divisions concerned, create new divisions, or 
subdivide, combine and/or discontinue divisions, or add new prod- 
ucts or services to any division. 

"(c) Members of each division of the Industr^^ inay, subject to the 
approval of the Code Authority and of the Administrator after such 
notice and/or hearing as he may specify, adopt for such division, 
and binding upon all members of such division, rules of fair practice 



186 

and methods of procedure not inconsistent with the provisions of 
this Code or of the Act, inchiding, but without limitation, measures 
for industrial planning, stabilization of employment, standard sales 
contracts, open price provisions, rules for determining costs, and pro- 
hibiting the furnishing of services or the selling of products below 
prices filed and/or costs. 

"(d) Members of each division of the Industry may cause to be 
formulated, for such division, an accounting system and/or methods 
of cost finding and/or estimating capable of use by all members of 
the division. After such system ancl/or methods have been formu- 
lated, and when approved by the members of the division pursuant 
to subdivision (f) of this section and approved by the Code Au- 
thority and the Administrator, full details concerning them shall be 
made available to all members of the division and thereafter all 
members of the division shall determine and/or estimate costs in 
accordance with the principles of such system and/or methods. 

"(e) Members of each division of the Industry or part thereof 
may determine closing hours for plant operations for such division 
or part thereof between the hours of midnight Friday and 6 A.M. 
Monday, and after such determination has been approved by the 
members of the division pursuant to subdivision (f ) of this section 
and approved by the Code Authority, such determination, upon the 
approval of the Administrator, shall have the same force and effect 
as any other jjrovision of this Code. 

"(f) For the purposes of this section each division shall take 
action by either : 

(1) The affirmative vote of a majority of those attending a meet- 
ing of members of such division duly held after adequate prior 
notice mailed to all members in such division, provided that no 
action shall be taken at such meeting unless at least one-third of 
the members of such division are present either in person or by 
proxy, or 

(2) The affirmative vote of a majority of those voting on ballots 
mailed to all members of the division at least ten days prior to the 
day on which such ballots are to be counted. No action by mailed 
ballot shall be binding unless affirmative ballots are received from 
at least one-third of those to whom ballots are mailed." 

This Code of Fair Competition is hereby amended by the addi- [ 
tion of a new Article, number VII, to read as follows : 

Article VII 

" 1. Within 90 days from the effective date, each member of the [ 
Industry shall file with such agency as the Code Authority may 
designate complete inventory of its productive machinery and equip- 
ment in place or otherwise ; owned or on order as of April 1, 1934, 
or thereafter installed, in such form as the Code Authority may de- I 
termine and only certified to as to its completeness and correctness. 
Productive machinery and equipment for this purpose shall be de- 
fined by each division and when approved by the Code Authority, 
said definitions of productive machinery or equipment for the re- 
spective divisions shall be transmitted to each member of the re- 
spective divisions to facilitate proper compliance w^ith this provision. 



187 

"Any changes in inventory filed shall be duly reported and certi- 
fied within thirty days of such change. 

" 2. Any division in the Industry may recommend to the Code 
Authority a plan for restricting or prohibiting the installation of 
productive machinery or equipment. After approval of said plan 
by a majority of such division, in accordance with the requirements 
of the Administrator, the Code Authority shall submit said plan to 
the Administrator. If the Administrator, after investigation and 
such notice and hearing as he may req^uire, shall find both (1) that 
an emergency has arisen within the division 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 proposed plan for restricting or prohibiting 
the installation of productive machinery and equipment is neces- 
sary to mitigate the conditions constituting such emergency and to 
effectuate the purposes of the Act, he may approve said plan. Such 
a plan ina.y include limitations on the replacement of productive ma- 
chinery where the new machinery will have greater productive ca- 
pacity than the machinery replaced, and may include recommenda- 
tions regarding the disposal of old machinery. After such a plan 
has been approved, no member of such division shall install produc- 
tive machinery or equipment, except in accordance with the require- 
ments thereof." 

This Code of Fair Competition is hereby amended by the addi- 
tion of an Article, number VIII, to read as follows : 

Article VIII — Trade Practice Rules 

" The following rules shall govern all members of the Industry, 
notwithstanding that divisions of the Industry may hereafter adopt 
fair trade practice rules to govern said divisions : 

"1. False Billing. — No member of the Industry shall knowingly 
withhold from or insert in any quotation, contract, or invoice any 
statement which makes it inaccurate in any material particular. 

" 2. Dating. — No invoice shall be dated later than the actual date 
of shipment. 

" 3. Guarantee of Service Charge or Selling Price. — No member 
of the Industry shall guarantee any service charge or selling price 
against either advance or decline or give a customer an option for 
services to be performed or goods to be sold which would have the 
same effect. 

" 4. Commercial Bribery. — No member of the Industry shall give, 
permit to be given, or directly offer to give anything of value for 
the purpose of influencing or 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 express consent of such employer, principal, 
or party. Commercial bribery provisions shall not be construed to 
prohibit free and general distribution of articles commonly used for 
advertising except so far as such articles are actually used for com- 
mercial bribery as hereinabove defined. 

" 5. Rebates and Allowances. — No member of the Industry shall 
secretly offer or make any payment or allowance of a rebate, refund, 



188 

commission, credit, unearned discount or excess allowance, whether 
in the form of money or otherwise, nor secretly offer or extend to 
any customer any special service or privilege not extended to all 
customers of the same class. 

" 6. Inaccurate reference to coTn/petitors. — No member of the 
Industry shall make any statements, whether published or otherwise^ 
which refer inaccurately in any material particular to any competi- 
tors or their goods, prices, values, credit, terms, policies, or service. 

" 7. Inducing breach of contract. — No member of the Industry 
shall attemjDt to induce the breach of a contract between a competitor 
and his customer, or source of supply; nor shall any member inter- 
fere with or obstruct the performance of such contractual duties or 
services. 

" 8. Misrepresentation. — No member of the Industry shall publisL 
advertising (whether printed, radio, display, or of any other nature) J 
which is misleading or inaccurate in any material particular, nor " 
shall any member in any way misrepresent any service or product 
(including but without limitation its use, trade mark, grade, quality, 
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. 

" 9. Inducing violation of the code. — No member of the Industry 
shall induce or participate in inducing any member of the Industry 
to violate any provisions of this Code." 

Approved Code No. 235 — Amendment No. 3. 
Registry No. 29^1-13. 



Approved Code No. 78 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

NOTTINGHAM LACE CURTAIN INDUSTRY 

As Approved on August 7, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Nottingham Lace Curtain 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 Nottingham Lace Cur-^ 
tain Industry, and an opportunity to file objections thereon having 
oeen given and the annexed report on said modification, containing 
findings with respect thereto, having been made and directed to the 

-Pl*GSlClGIlt * 

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 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 date hereof, unless good cause to the 
contrar}'- is shown to the Administrator before that time and the 
Administrator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Achninistrator for Industrial Recovery. 

Approval recommended: 
Robert L. Houston, 

Division Adrninistrator. 

Washington, D.C, 

August 7, 193Jf. 

(189) 



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 Nottingham Lace Curtain In- 
dustry. 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 Article XIII shall be -added to the 
Code, making the payment of the expenses of code administration 
mandatory upon all members of the Industry in accordance with the 
rules and regulations of the Administrator. 

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 
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 
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 as not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(190) 



191 

(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. 
Respectfully, 

Hugh S. Johnson, 

Adrrdnistrator. 
August 7, 1934. 



» 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE NOTTINGHAM LACE CURTAIN INDUSTRY 

The Code shall be amended by adding Article XIII : 

" 1. 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- 
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 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 contribut- 
ing to the expenses of its administration as hereinabove provided, 
unless duly exempted from making such contributions, 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. 

" 3. The Code Authority shall neither incur nor pay any obliga- 
tion 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 defi- 
ciency item for expenditures in excess of prior budget estimates 
except those which the Administrator shall have so approved." 

Approved Code No. 78 — Amendment No. 1. 
Registry No. 226-1-04. 

(192) 



Approved Code No. 307 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STAY MANUFACTURING INDUSTRY 

As Approved on August 7, 1934 



OKDER 



Approving Amendment of Code of Fabr Competition for the 
Stay 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 Stay Manufacturing 
Industry, and 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 tho 
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 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 jrder that said amendment be and it is here- 
by 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 Administrator. 

Washington, D.C, 

August 7, 19S4. 

(193) 



REPORT TO THE PRESIDENT 

The President, 

The White Bouse. 

Sir : This is a report on the amendments to the Code of Fair Com- 
petition for the Stay Manufacturing Industry, which has been sub- 
mitted in accordance with Executive Order No. 6678. 

This amendment enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of the 
code and to maintain the standards of fair competition established 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 members of the 
industry. Such contributions are made mandatory by this amend- 
ment. 

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 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 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 competitive prac- 
tices, 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 in- 
creasing 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 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 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. 

(194) 



195 

(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. 
KespectfuUy, 

Hugh S. Johnson, 

Administrator. 
August T, 1934. 






86360—34- 



MODIFICATION OF CODE OF FAIE COMPETITION FOE 
THE STAY MANUFACTURING INDUSTRY 

The following shall be substituted for Article VI, Section 5 : 

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 meat 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 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 assessment have been approved 
by the Administrator, to determine and collect equitable assessments 
as set forth, and to that end, if necessary, to institute legal proceed- 
ings therefor in its own name. 

(d) Each member of the Industry shall be liable for his or its 
equitable assessment to the expense of the maintenance of the Code 
Authority as hereinabove provided. 

(e) Only members of the Industry complying with the Code and 
contributing to the expenses of its administration as provided in 
Section 3 hereof (unless duly exempted from making such contribu- 
tion) shall be entitled to participate in the selection of members of 
the Code Authority or to make use of any emblem or insignia of the 
National Recovery Administration. 

(f) The Code Authority shall neither incur nor pay any obliga- 
tion 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 Ad- 
ministrator; 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. 307 — Amendment No. 1. 
Registry No. 1655-01. 

(196) 



Approved Code No. 226 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LIGHT SEWING INDUSTRY EXCEPT GARMENTS 

As Approved on August 8, 1934 



ORDER 



Modification of 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 hav- 
ing been given and the annexed report on said modification, con- 
taining findings with respect thereto, having been made and directed 
i"o ^fip x^rpsirlGiit ' 

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 the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as modified. 

Hugh S. Johnson, 
Ad/ministratoT for Industrial Recovery. 

Approval recommended: 
Robert L. Houston, 

Division Administrator. 

Washington, D.C, 

August 8, 1934. 

(197) 



KEPOKT TO THE PKESIDENT 

The President, 

The 'White House. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Light Sewing Industry Except Garments. The 
amendment which is attached, was presented by tne Divisional Com- 
mittee for the Quilting Division. 

Notice of opportunity to be heard was given, and all objections 
received were given consideration. 

The amendment defines " dropped lines " and " seconds ", and pro- 
hibits their sale except during the months of January and August. 

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 
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 
purpose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
govermental 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 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 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. 

(198) 



199 

(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. 
KespectfuUy, 

Hugh S. Johnson, 

A dminis trator. 
August 8, 1934. 



k 



AMENDMENT TO CODE OF FAIK COMPETITION FOE THE 
LIGHT SEWING INDUSTRY EXCEPT GARMENTS 

The third paragraph, Section 2, Article 11, of the Supplemental 
Provisions for the Quilting Division, Division No. 4, of the Light 
Sewing Industry Except Garments shall be amended to read as 
follows : 

" ' Dropper lines ' and/or ' seconds ' shall be sold and/or shipped 
only during the months of January and August of any calendar year 
and ' dropped lines ' and/or ' seconds ' cannot be sold or shipped at 
any other time. 

" For the purpose of this Section ' seconds ' are finished products 
which have been danlaged during the process of manufacturing 
quilts and quilting products, including misprints ; and ' dropped 
lines ' are merchandise where the color assortment is not complete or 
where the merchandise has proved unsalable." 

Approved Code No. 226 — ^Amendment No. 5. 
Registry No. 299-50. 

(200) 



Approved Code No. 378 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PEANUT BUTTER INDUSTRY 

As Approved on August 8, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Peanut Butter 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 Peanut Butter In- 
dustry, and opportunity to be heard having been afforded all mem- 
bers 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 

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 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 amended to include an approval of said Code in its entirety 
as amended. 

Hugh S. Johnson, 
Administrator for Indxistrial Recovery. 

Approval recommended. 
Aemin W. Riley, 

Division Administrator. 

Washington, D.C, 

August 8, 1934. 

(201) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on an amendment of Section 5, Part A of 
Article VI of the approved Code of Fair Competition for the Peanut 
Butter Industry, number 378. This Code was approved by me on 
April 4, 1934. 

Pursuant to Executive Order No. 66T8, dated April 14, 1934, the 
Code Authority for the Peanut Butter Industry, in accordance with 
Section 2 of Article IX of said Code, having found it necessary in 
order to support the administration of this Code and to maintain 
standards of fair competition, established by this Code, and to 
effectuate the policies of the Act, has made application for an amend- 
ment 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 
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 the industry for the pur- 
pose 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 per- 
tinent provision 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. 

(202) 



203 

(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. 

In accordance with Executive Order No. 6678, dated April 14, 1934, 
the amendment of this Code has been approved by me. 
Kespectfully, 

Hugh S. Johnson, 

Administrator. 
August 8, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PEANUT BUTTER INDUSTRY 

Delete Section 5, Part A 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 rust 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 fore- 
going 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 
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 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 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 substantially 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. 378 — Amendment No. 2. 
Registry No. 13&-02. 

(204) 



Approved Code No. 84L — ^Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

POWER AND GANG LAWN MOWER MANUFACTUR- 
ING INDUSTRY 

As Approved on August 8, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Power and Gang Lawn Mower 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 Supplementary Code of Fair Competition for the Power 
and Gang Lawn Mower Manufacturing Industry, and opportunity 
to be heard having been noticed 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 ilecovery, 
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 Supple- 
mentar}^ 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 Supplementary Code is hereby modified to include 
an approval of said Supplementary Code in its entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator, 

Washington, D.C, 

August 8, 1934. 

(205) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Amendment to Section 7 (f) of Ar- 
ticle III of the Code of Fair Competition for the Power and Gang 
Lawn Mower Manufacturing Industry, submitted by the Supple- 
mentary Code Authority of this Industry in accordance with the 
provisions of Article VII of said Supplementary Code approved 
March 26, 1934. 

GENERAL STATEMENT 

This Amendment is submitted by the Supplementary Code Au- 
thority of the Industry in order that the Supplementary Code may 
conform to the provisions of Administrative Order No. X-36, ap- 
proved on May 26, 1934, governing the collection of expenses of Code 
Administration. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 
said Amendment to said Supplementary Code having found as herein 
set forth and on the basis of all the proceedings in this matter : 

I find that : 

(a) Said Amendment to said Supplementary Code and the Sup- 
plementary Code as amended are well designed to promote the poli- 
cies and purposes of Title I of the National Industrial Recovery Act, 
including removal of obstructions to the free flow of interstate and 
foreign commerce which tend to diminish the amount thereof and 
will provide for the general welfare by promoting the organization 
of industry for the purposes of cooperative action of labor and man- 
agement under adequate governmental sanctions and supervision, by 
eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by improving standards of 
labor, and bv otherwise rehabilitating industry. 

(b) The Supplementary 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) oi 
Section 7, and Subsection (b) of Section 10 thereof. 

(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid Amendment on behalf of the 
Industry as a whole. 

(206) 



207 

(d) The Amendment and the Supplementary Code as amended 
are not designed to and will not permit monopolies or monopolistic 
practices. 

(e) The Amendment and the Supplementary Code as amended 
are not designed to and will not eliminate or oppress small enter- 
prises 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, 

Administrator. 
AUGTTST 8, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE POWER AND GANG LAWN 
MOWER MANUFACTURING INDUSTRY 

The following provisions to be substituted in lieu of Section T (f ) 
of Article III : 

7 (f) 1. It being found necessary in order to support the admin- 
istration of this Supplementary Code and to maintain the standards 
of fair competition established hereunder and to effectuate the 
policy of the Act, the Supplementary Code Authority is authorized : 

(a) To incur such reasonable obligations as are necessary 
and proper for the foregoing purposes, and to meet such obli- 
gations out of funds which may be raised as hereinafter pro- 
vided and which shall be held in trust for the purposes of the 
Supplementary 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 has been ap- 
proved by the Administrator, to determine and obtain equitable 
contributions 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 Supplementary 
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 Supple- 
mentary 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 Supplementary 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 Supplementary Code Authority shall neither incur nor pay 
any obligations substantially 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 defi- 
ciency item for expenditures in excess of prior budget estimates 
except those which the Administrator shall have so approved. 

Approved Code No. 84L — Amendment No. 1. 
Registry No. 1399^05. 

(208) 



Approved Code No. 44 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BOOT AND SHOE MANUFACTURING INDUSTRY 

As Approved on August 9, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Boot 
AND Shoe Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the previsions 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 Boot and Shoe Manu- 
facturing Industry, and notice of opportunity to be heard having 
been duly given thereon and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made and 
(i 1 7'Ppi"'Prl i"o i" n p T^T*pmrlpTir * 

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 
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 : 
Geo. L. Berry, 

Division Administrator. 

Washington, D.C, 

August 9, 1934. 

(209) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

SiE : This is a report on the amendment to the Code of Fair Compe- 
tition for the Boot and Shoe Manufacturing Industry, which has 
been submitted in accordance with Executive Order No. 6678. 

This amendment 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 established 
by this code. It also enables the Code Authority to submit an 
itemized budget, and an equitable basis upon which the funds neces- 
sary to support such budget shall be contributed by the members of 
the industry. Such contributions are made mandatory by this 
amendment. 

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 amendments to said code and the code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and main- 
taining united action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
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 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 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 \f> 
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. 

(210) 



211 

(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. 
KespectfuUy, 

Htjgh S. Johnson, 

Adrrdnistratc/r. 
August 9, 1934. 



86360—34 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
BOOT AND SHOE MANUFACTURING INDUSTRY 

The following shall be substituted for Article VII, Section 1: 

1. It being found necessary to support the administration of this 

Code, in order to effectuate the policy of the National Industrial 

Recovery 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 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 assessment have been ap- 
proved by the Administrator, to determine and collect equitable 
assessments as set forth, and to that end, if necessary to institute 
legal proceedings therefor in its own name. 

(d) Each member of the Industry shall be liable for his or its 
equitable assessment to the expense of the maintenance of the Code 
Authority as hereinabove j^rovided. 

(e) Only members of the Industry complying with the Code and 
contributing to the expenses of its administration as provided in 
Section 1 hereof (unless duly exempted from making such contri- 
bution) shall be entitled to participate in the selection of members 
of the Code Authority or to make use of any emblem or insignia of 
the National Recovery Administration. 

(f ) 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 con- 
tained in the approved budget except upon approval of the Adminis- 
trator; 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. 44 — Amendment No. 1 
Registry No. 904-1-05. 

(212) 



Approved Code No. 97 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BUFFING AND POLISHING COMPOSITION 
INDUSTRY 

As Approved on August 9, 1934 



ORDER 



Apppo^TNG Modification of Code of Fair Competition for the 
Buffing and Polishing Composition 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 Buffing and Polishing 
Composition Industry, and opportunity to be heard thereon having 
been duly noticed, and the annexed report on said modification, 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 
President, 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 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 
ten (10) days from the date hereof, unless good cause to the contrary 
is shown to the Administrator before that time and the Adminis- 
trator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

August 9, 193^. 

(213) 



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 Buffing and Polishing Composition Industry to 
include Executive Order of April 14, 1934, relating to collection of 
expenses of Code Administration. This Modification was proposed 
in accordance with Article IX of the Code as approved November 
4, 1933 and Notice of Opportunity to be Heard was given from 
July 19 to August 2, 1934. 

FINDINGS 

The Deputy Administrator in his final report to me on said Modi- 
fication 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 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 
govermental sanction and supervision by eliminating competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restrictions 
of production (except as may be temporarily required), by 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 modified 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 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. 

(214) 



215 

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. 
Kespectfully, 

Hugh S. Johnson, 

Adininistrator. 
August 9, 1934. 



MODIFICATION OF CODE OF FAIR COMPETITION 
FOR THE BUFFING AND POLISHING COMPOSITION 
INDUSTRY 

Purpose 

Pursuant to Article IX of the Code of Fair Competition for 
the Buffing and Polishing Composition Industry, duly approved 
by the Administrator on November 4, 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 
Competition and shall be binding upon every member of the Buffing 
and Polishing Composition Industry. 

MODIFIOATION 

Modify Article VI by deleting Section 1 (b), and substituting 
in lieu thereof the following: 

Section 1 (b) (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 neces- 
sary 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. 

(216) 



217 



(3) The Code Authority shall neither incur nor pay any obliga- 
tion 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. 



Approved Code No. 97 — Amendment No. 1. 
Registry No. 10CM)1. 



Approved Code No. 347J — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

MECHANICAL LUBRICATOR INDUSTRY 

As Approved on August 8, 1934 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR the Mechanical Lubricator 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 Me- 
chanical Lubricator Subdivision of Machinery and Allied Products 
Industry, and the annexed report on said amendment, containing 
findings with respect thereto, having been made and directed to 

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 re- 
port and do find that the said amendment and the Supplemental 
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 
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 Admin- 
istrator 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, 

August 9, 1921^. 

(219) 



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 of Article V of the Supplemental Code of 
Fair Competition for the Mechanical Lubricator Subdivision of 
Machinery and Allied Products Industry, by the temporary 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 constituted 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 by 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 call 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 Subdi- 
vision). 

" Each such Code Authority may adopt such rules for the conduct 
of the Code Activities of the Subdivision as are not inconsistent with 
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 employers 
in such Subdivision who are entitled to vote thereat as provided in 
Section (d) hereof and are present in person or by proxy duly 

(220) 



221 

executed and filed with Code Authority of such Subdivision, cast and 
computed in the manner provided in Section (d) hereof for \^oting 
in the Industry, except that employers in any Subdivision may pre- 
scribe such other method of voting as they may determine upon with 
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 Supple- 
mental Code for such Subdivision approved by the Administrator 
in the event that such approved Supplemental Code shall fail to 
contain provisions for the creation and operation of a permanent 
Code Authority." 

A Code Authority for the Mechanical Lubricator 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 June 4, 1934, does not contain provisions for recognizing 
the Code Authority elected in accordance with the provisions of the 
Basic Code, an application has been made by the temporary Code 
Authority for this Subdivision for an amendment to said Supplemen- 
tal Code, which, when approved, will legalize the first permanent 
Code Authority elected as shown above. For elections 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 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) 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 Mechanical Lubricator Association was and is a trade 
association truly representative of the aforesaid Subdivision and 
that said association imposed and imposes no inequitable restrictions 
on admission to membership therein and has applied for or consents 
to this amendment. 



222 

(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, 

Administrator, 
August 9, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE MECHANICAL LUBRICATOR 
INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

c. 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 Author- 
ity so elected shall constitute the first permanent Code Authority 
for this Subdivision, if this election meets with the approval of the 
Administrator. 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. 347J — Amendment No. 1. 
Registry 1318-04. 

(223) 



Approved Code No. 370 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

OPEN PAPER DRINKING CUP AND ROUND NEST- 
ING PAPER FOOD CONTAINER INDUSTRY 

As Approved on August 9, 1934 



ORDEE 



Approving Modification of Code of Fair Competition for the 
Open Paper Drinking Cup and Round Nesting Paper Food Con- 
tainer Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I, of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of a modi- 
fication to a Code of Fair Competition for the Open Paper Drink- 
ing Cup and Round Nesting Paper Food Container 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 Re- 
covery, pursuant to authority vested in me by Executive Orders 
of the President, including Executive Order No. 6543-A, dated De- 
cember 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. Provided, however, that Section 11 of Article 
II be and it is hereby deleted. 

Hugh S. Johnson, 
Administrator for Industrial Recovery, 

Approval recommended: 
Geo. L. Berry, 

Division Administrator. 

Washington, D.C. 

August 9, 1934. 

(225) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on a modification of the Code of Fair Com- 
petition for the Open Paper Drinking Cup and Round Nesting 
Paper Food Container Industry which was approved by you on 
March 26, 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 compet- 
itive 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 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. 

(f ) The Code empowers the Code Authority to present the amend- 
ment on behalf of the Industry as a whole. 

For these reasons this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 9, 1934. 

(226) 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE OPEN PAPER DRINKING CUP AND ROUND NEST- 
ING PAPER FOOD CONTAINER INDUSTRY 

Assessment modification to be substituted for Article II, Section 9 : 
9 (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 
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 
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 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 contribution, shall be 
entitled 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 iLse of any emblem or insignia of the National Recovery 
Administration. 

(c) 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 con- 
tained in the approved budget, except upon approval by the Admin- 
istrator ; 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. 370 — Amendment No. 1. 
Registry No. 406-12. 

86360—34 — —5 (227) 



Approved Code No. 287 — Amendment No. 7 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GRAPHIC ARTS INDUSTRIES 

As Approved on August 10, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 
Graphic Arts Industries 

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 Graphic Arts Industries, 
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 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 the previous ap- 
proval of said Code is hereby modified to include an approval of 
said Code in its entirety as amended. 

Hugh S. Johnson, 
Ad/niinistrator for Industrial Recovery. 

Approval recommended : 
George Buckley, 

Division Administrator. 

Washington, D.C, 

August 10, 193 Ji. 

(229) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the proposed amendment to the Code of 
Fair Competition for the Graphic Arts Industries as approved by 
you on February 17, 1934, The proposed amendment is to be added 
to Article I, Section 3 (e) of the Code. It was noticed for oppor- 
tunity to be heard on June 30, 1934. No criticisms of, objections to 
or su<>oestions concerning;: this modification were submitted to the 
Administration within the time limit allowed by the notice of oppor- 
tunity to be heard, which expired on July 13, 1934. 

The amendment <2:ives the Code Authorities under the Graphic 
Arts Code the power to collect assessments, and makes it a violation 
of the Code for an establishment to fail to pay such assessments when 
the budget and basis of contribution of a Code Authority has been 
approved by the Administrator. 

The proposed amendment does not in any way affect the labor 
provisions of the Graphic Arts 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 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- 
tiye 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 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 Nation^il Graphic Arts Coordinating Committee was and 
is the highest governing body of the Graphic Arts Code and truly 
representative of the aforesaid industry, and has applied for this 
amendment. 

(230) 



231 

(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. 

I believe the amendment to be fair to labor, to the consumer, and 
to the industry, and for these reasons, therefore, I approve this 
amendment. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 10, 1934. 



AMENDMENT TO CODE OF FAIK COMPETITION FOK THE 
GRAPHIC ARTS INDUSTRIES 

Amendment to be added to Article I, Section 3, Paragraph (e) : 

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, each National 
Code Authority is authorized : 

(a) To incur, as to matters within its jurisdiction, 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 pur- 
poses 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 pur- 
poses, and (2) an equitable basis upon which the funds necessary to 
support such budget shall be contributed by establishments within its 
jurisdiction ; 

(c) After such budget and basis of contribution have b?en ap- 
proved by the Administrator, to determine and obtain equitable con- 
tribution as above set forth by all establishments within its juris- 
diction, and to that end, if necessary, to institute legal proceedings 
therefor in its own name. 

2. Each establishment shall pay its equitable contribution to the 
expenses of the maintenance of the National Code Authority, deter- 
mined as hereinabove provided, and subject to rules and regulations 
pertaining thereto issued by the Administrator, Only establish- 
ments 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 National 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 Recover}^ Administration. 

3. No National Code Authority shall either incur or pay any 
obligation substantiallj' in excess of the amount thereof as estimated 
in its approved budget ; and no National Code Authority shall in 
any 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. 

ADproved Code No. 287 — Ameiidmeiit No. 7. 
Registry No. 599-P..S. 

(232) 



Approved Code No. 319 — ^Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

NEWSPAPER PRINTING PRESS INDUSTRY 

As Approved on August 10, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Newspaper Printing Press 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 Newspaper Printing 
Press Industry, and as contained in a Published Notice of Oppor- 
tunity to Be Heard, Administrative Order No. 319-4, dated July 5, 
1934, and no objections having been filed as provided in said Pub- 
lished Notice, and the annexed report on said modifications, 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 
President, including Executive Order 6543-A, dated December 30, 
1933, and otherwise; do hereby incorporate, by reference, said an- 
nexed report and do find that said modification and the Code as 
constituted after being modified comply in all respects with the 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 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, 
Adfninistrafor for Indiistrial Recovery. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

August 10, 193^. 

(233) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the modifications to the Code of Fair 
Competition for the Newspaper Printing Press Industry, in accord- 
ance with Article IX of said Code as approved on March 5, 1934. 

These Modifications include an addition of a new Section, num- 
bered as 7, to Article V, and a change in wording of Section 2, 
Article VII. 

FINDINGS 

The Deputy Administrator in his final report to me on said modi- 
fications 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 modifications to 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 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 industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as modified complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The modifications and the Code as modified are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The modifications 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 
modifications. 

For these reasons, these modifications have been approved by me, 
subject to a ten (10) day stay and opportunity to be heard by all 
affected persons. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 10, 1934. 

(234) 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE NEWSPAPER PRINTING PRESS INDUSTRY 

PURPOSE 

Pursuant to Article IX of the Code of Fair Competition for the 
Newspaper Printing Press Industry, duly approved by the Presi- 
dent on March 5, 1934 and further to effectuate the policies of Title 
I of the National Industrial Recovery Act, the following modifica- 
tion is established as a part of said Code of Fair Competition and 
shall be binding upon every member of the Newspaper Printing 
Press Industry. 

MODinCATION 

Modify Article V by adding a new Section to be numbered 7 and 
reading as follows : 

Article V — General Labor Provisions 

" 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 any code of fair competition approved 
under Title I of the National Industrial Recovery Act." 

Modify Article VII, Section 2, by deleting after the words "pro- 
vided, however, that where any member of the Industry desires to 
sell ", the words " any presses, units or folders, new or used, already 
on hand, below cost " and substituting in lieu thereof the following : 
" below cost machinery of dropped design or any presses, units or 
folders, new or used, which have been on hand more than one-half 
completed for two years or more " ; 

Modified Article VII, Section 2, will then read as follows : 

Article VII — Trade Practices 

" Section 2. Selling Below Cost. — Selling or exchanging any prod- 
uct of the Industry at a price, or upon terms and conditions which 
will result in the purchaser paying for the goods received less than 
the allowable cost thereof to the seller, determined in accordance 
with the method of costing described in Section 1 of this Article; 
provided, however, that where any member of the Industry desires 
to sell below cost machinery of dropped design or any presses, units 
or folders, new or used, which have been »on hand more than one- 
half completed for two j^ears or more, he shall notify the Code 
Authority of such fact, together with the reasons therefor, coinci- 
dent with making such proposal; and provided, further, that when 
a member of the Industry wishes to sell below his own allowable 

(235) 



236 



cost to meet the competition of a lower cost product or to meet the 
competition from products of equivalent design, character, or speci- 
fications manufactured outside of the United States, he shall so re- 
port to the Code Authority and shall cite the competition which 
causes him to take this action." 



Approved Code No. 319- 
Registry No. lo25-05. 



-Amendment No. 1„ 



Approved Code No. 368 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PRINT ROLLER AND PRINT BLOCK 
MANUFACTURING INDUSTRY 

As Approved on August 10, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Print Roller and Print Block 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 modification 
of a Code of Fair Competition for the Print Roller and Print Block 
Manufacturing Industry, and as contained in a Published Notice of 
Opportunity to be Heard, Administrative Order No. 368-4, dated 
July 20, 1934, and no objections having been filed as provided in said 
Published Notice, and the annexed report on said modification, con- 
taining findings v^ith respect thereto, having been made and directed 
TO 1"np rppm (iPTii" 

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 re.- 
port and do find that said modification and the Code as constituted 
after being modified 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 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 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, 

August 10, 1934. 

(237) 



REPORT TO THE PRESIDENT 

The President, 

The WMfe House. 

Sir : An application has been duly made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act for a modification of the Code of Fair Competition for the 
Print Roller and Print Block Manufacturing Industry, submitted by 
the Code Authority for the said Industry. 

The existing provisions of Article VI, Section 7 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 modification of 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 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 wdiich tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization oi 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 productve 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 unemplojanent, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as modified 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 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. 

(238) 



239 » 

(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 this modification, 
such approval and such modification 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 dministrator. 
August 10, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE PRINT ROLLER AND PRINT BLOCK MANUFAC- 
TURING INDUSTRY 

Purpose 

Pursuant to Article IX of the Code of Fair Competition for the 
Print Roller and Print Block Manufacturing Industry, duly ap- 
proved by the President on March 26, 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 Print 
Roller and Print Block Manufacturing Industry. 

Modification 

Modify Article VI, by deleting Section 7 and substituting in lieu 
thereof the following: 

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 by this Code and to effectuate the 
policy of the Act, the Code Authority is authorized, subject to the 
aj^proval 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 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 b}^ members of the 
Industry. 

(3) After such budget and basis of contribution have been ap- 
proved by the Administrator, to determine and secure 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 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 
or to receive the benefits of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

(240) 



241 



(c) The Code Authority shall neither incur nor pay any obliga- 
tion 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 defi- 
ciency item for expenditures in excess of prior budget estimates 
.except those which the Administrator shall have so approved. 



Approved Code No. 368 — Amendment No. 1, 
JRegistry No. 410-10. 



Approved Code No. 274 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SAW AND STEEL PRODUCTS MANUFACTURING 

INDUSTRY 

As Approved on August 10, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the Saw 
AND Steel Products Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of a mod- 
ification to a Code of Fair Competition for the Saw and Steel Prod- 
ucts Manufacturing Industry, and opportunity to be heard thereon 
having been duly noticed and the annexed report on said modifica- 
tion, containing findings with respect thereto, having been made and 

(lirGCtCQ to ijll6 X 1*681(16111; ' 

NOW, THEREFORE,' on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order 6543-A, dated December 30, 
1933, and otherwise, do hereby incorporate by reference, said an- 
nexed report and do find that said modification and the Code as 
constituted after being modified comply in all respects with the 
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 hereb}^ 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 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, 

August 10, 192 k. 

8G3G0— 34 C (243) 



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 Saw and Steel Products Manufacturing Industry. 
This Modification was proposed and Notice of Opportunity to be 
Heard was given from July 19 to August 1, 1934. 

This Modification is designed to correct the inadequate price 
filing provisions as contained in Article VI, Sections 1, 2, and 3 of 
said Code by substituting therefor provisions as determined and set 
forth by the National Recovery Administration under Office Memo- 
randum #228. 

FINDINGS 

The Deputy Administrator in his final report to me on said Modi- 
fication 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 to 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 gen- 
eral welfare by promoting the organization of industry for the 
purpose of cooperative 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 
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 un- 
employment, 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 lim- 
itation 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. 

(244) 



245 

(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, 

AdTninistrator. 
August 10, 1934. 



MODIFICATION TO CODE OF FAIK COMPETITION FOR 
THE SAW AND STEEL PRODUCTS MANUFACTURING 
INDUSTRY 

PURPOSE 

Pursuant to Article IX of the Code of Fair Competition for the 
Saw and Steel Products Manufacturing Industry, duly approved 
by the Administrator on February 10, 1934, 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 Saw and Steel Products Manufacturing Industry. 

MODIFICATION 

Delete Article VI, Sections 1, 2, 3 and substitute therefor as 
follows : 

"Section 1. Open Price. — (a) Each member of the industry 
shall file with the Coordinator of the Code Authority identified list 
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 fifteen (15) days after the date of approval 
of this provision. Price terms and revised price terms shall become 
effective immediately upon receipt thereof by the Coordinator. Im- 
mediately upon receipt thereof, the Coordinator shall by telegraph 
or other equally prompt means notify said member of the time of 
such receipt. Such lists and revisions together wnth the effective 
time thereof, shall upon receipt be immediately and simultaneously 
distributed to all members of the industry and to all of their cus- 
tomers 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 the Coordinator. 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 
aforesaid; provided, that prices filed in the first instance shall not 
be released until the expiration of the aforesaid fifteen (15) day 
period after the approval of this provision. 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 

(24G) 



247 

written consent of the Administrator. Upon request the code au- 
thority shall furnish to the Administrator or any duly designated 
agent of the Administrator copies of any such lists or revisions of 
price terms. 

"(b) When any member of the industry has filed any revision, 
such member shall not file a higher price within forty-eight (48) 
hours. 

''(c) 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. 

"(d) No member of the industry shall enter into any agreement, 
understanding, c mibination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any member of the industry 
to change his price terms by the use of intimidation, coercion, or 
any other influence inconsistent with the maintenance of the free 
and open market which it is the purpose of this article to create. 

" Section 2. Cost Findhig. — 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 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 
uniformity of costs or prices. 

" Section 3. Costs and Price Cutting. — (a) The standards of fair 
competition for the industry 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 com- 
plaint 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 NRA which shall render a report and recommendation thereon 
to the Administrator. 

"(2) "\^'hen 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. 

"(3) When an emergency exists as to any given product, sale 
below the stated minimum price of such product, in violation of Sec- 
tion 2 hereof, is forbidden. 



248 

"(b) Emergency Provisions: 

"(1) If the Administrator, after investigation shall at any time 
find both (1) that an emergency has arisen within the industry ad- 
versely 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 consti- 
tuting 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 mini- 
mum price. 

"(2) When the Administrator shall have determined such stated 
minimum price for a specified product for a stated period, which 
price shall oe 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 reconsidera- 
tion or the Administrator may cause any determinations hereunder 
to be reviewed or reconsidered and appropriate action taken." 

Approved Code No. 274 — Amendment No. 1. 
Registry No. 1108-1-02. 



Approved Code No. 260 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ORNAMENTAL MOULDING, CARVING AND 
TURNING INDUSTRY 

As Approved on August 11, 1934 



OKDER 



Approving Modification of Code of Fair Competition for the 
Ornamental Moulding, Carving and Turning 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 the Code of Fair Competition for the Ornamental Moulding, 
Carving and Turning Industry, and due consideration having been 
given thereon and the annexed report on said modification, contain- 
ing findings v^'ith 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 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 modifi- 
cation 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: 
C. E. Adams, 

Division Administrator. 



\ 



Washington, D.C, 

August 11, 193Ji. 

(249) 



KEPORT TO THE PRESIDENT 

The President, 

The White Uome.. 

Sir : This is a report on the modification to the Code of Fair Com- 
petition for the Ornamental Moulding, Carving and Turning Indus- 
try, which has been submitted in accordance with Executive Order 
No. 6678. 

This modification enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of the 
code ancl to maintain the standards of fair competition established 
by this code. It also enables the Code Authority to submit an item- 
ized budget, and an equitable basis upon which the funds necessary 
to support such budget shall be contributed by the members of the 
industry. Such contributions are made mandatory by this modi- 
fication. 

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 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 industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise 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 limita- 
tion subsection (a) of Section 3, subsection (a) of Section 7 and 
subsection (b) of Section 10 thereof. 

(c) The code empowers the Code Authority to present the afore- 
said modification on behalf of the industry as a whole. 

(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. 

(250) 



251 

(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 this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 11, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE ORNAMENTAL MOULDING, CARVING AND TURN- 
ING INDUSTRY 

The Code of Fair Competition for the Ornamental Moulding, 
Carving and Turning Industry shall be amended by omitting Sec- 
tion 8 of Article VI and inserting the following : 

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 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. 

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. Failure to 
make payment thereof, after proper notice, will render a member of 
the industry liable to appropriate legal proceedings. Only members 
of the industry complying with the code and contributing to the ex- 
penses of its administration as hereinabove provided, unless duly 
exempted from making such contributions, shall be entitled to partic- 
ipate in the selection of members of the Code Authoritj^ 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 
substantially in excess of the amount thereof as estimated in its ap- 
proved budget and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Ad- 
ministrator; 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. 260 — Amendment No. 2. 
Kesistry No. 315-02. 

(252) 



Approved Code No. 2441 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

PLUMBING CONTRACTING INDUSTRY 

As Approved on August 11, 1934 



ORDER 



Approving Modification of Supplementary Code of Fair Compe- 
tition FOR the Plumbing 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, 1934, for approval of a modifica- 
tion to Article IV by adding a new section to be known as Section 
4 of Article IV, of the Supplementary Code of Fair Competition for 
the Plumbing 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 

X*r6SlQ6Ilt ' 

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 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, 

August 11, 1934.. 

(253) 



REPORT TO THE PRESIDENT 

The President, 

The White Hoicse. 

Sir : This is a report on a modification of Article IV, by adding 
a new section to be known as Section 4 of Article IV, of the Supple- 
mentary Code of Fair Competition of the Plumbing Contractors' 
Division of the Construction Industry, approved by you on May 
15, 1934. 

The purpose of this amendment is to authorize the Divisional 
Code Authority to submit a budget and establish a basis of assess- 
ment upon which members of this Division will be required to 
contribute to the expense of maintaining the Divisional Code 
Authority. 

The Deputy Administrator in his final report to me on said mod- 
ification 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 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 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 reliev- 
ing unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

(b) 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 Divisional Code Authority to present 
the aforesaid modification on behalf of the industry as a whole. 

(d) The modification and the Code as modified are not designed 
to and w411 not permit monopolies or monopolistic practices. 

(e) The modification and the Code as modified are not designed to 
and Avill not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(254) 



255 

(f) Those eng^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 this modification has been approved. 
Kespectfully, 

Hugh S. Johnson, 

A dministrator. 
August 11, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PLUMBING CONTRACTING INDUSTRY . 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

Amend Article IV by adding a new section to be known as Section 
4, and to read as follows: 

Section 4. 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 Divisional 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 this 
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 this Division, 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 
contribution to the expenses of the maintenance of the Code Author- 
it}'-, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of this Division 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 Divisional 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. 

3. The Divisional 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 Ad- 
ministrator; and no subsequent budget shall contain any deficiency 
item for expenditures in excess of prior budget estimates except 
those which the Administrator has so approved. 

Approved Code No. 2441 — Aineiuliiient No. 1. 
Registry No. llSO-Of). 

(256) 



Approved Code No. 82 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

As Approved on August 11, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Steel 

Casting Industry 

An application havino; 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 Steel Casting 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 Orders of the Presi- 
dent, including Execut.ve 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 modified to include an approval of said Code in its entirety 
as amended, such approval and sucli amendment to take effect 
fifteen (15) days from the date hereof, unless good cause to the 
contrary is shown to tlie xVdministrator before that time and the Ad- 
ministrator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 
Barton W. Murray, 

Division A dministrator. 

Washington, D.C, 

August 11,] 93 Jf. ' 

(257) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on Amendments to the Code of Fair Com- 
petition for the Steel Casting Industry, the public hearing having 
been conducted thereon in Washington, D.C., on June 14, 1934, in 
accordance with the provisions of the National Industrial Recovery 
Act. 

Amendment I affects only Schedule D of the Code which relates 
only to Unfair Trade Practices for Miscellaneous Castings. 

Amendment II affects only Schedule E of the Code which relates 
only to Unfair Trade Practices for Specialties. 

Amendment III provides for the addition of a new Schedule of 
Unfair Trade Practices relating only to Draft Gears, to be known 
as Schedule F. 

FINDINGS 

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 
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 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 possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
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 limi- 
tation sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The amendments and the Code as amended are not designed 
to and will not permit mono])olies or monopolistic jiractices. 

(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. 

(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 
amendments. 

For these reasons, therefore, I have approved these amendments, 
provided that such approval and such amendments take effect fifteen 
(15) days from the date hereof, unless good cause to the contrary 
is shown before that time, and I issue a subsequent order to that 
effect. 

Kespectfully, 

Hugh S. Johnson, 

A dminis trat or. 
August 11, 1934. 



86360—34- 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE STEEL CASTING INDUSTRY 

Amendment I 

Delete Sections 6 and 7 of Schedule D of said Code and substitute 
in lieu thereof the following: 

" Section 6. Date a sales invoice later than the date of mailing of 
such invoice or later than the third day f ollowmg date of shipment of 
the castings included in such invoice." 

" Section 7. Allow terms of payment more favorable to the cus- 
tomer than net payment within 30 days after the month in which 
the castings are shipped, subject to discounts for prompt payment as 
follows: In the case of castings shipped by water from the plant 
of a member of the Industry from or through any Atlantic Coast 
or Gulf Port to any Pacific Coast Port, or through a Pacific Coast 
Port to a place of delivery in the State of California or the State 
of Oregon or the State of Washington, or to a place of delivery in 
the Canal Zone or to an Alaskan Port, or to any of the Insular Pos- 
sessions of the United States, the maximum rates of discount for 
early payment shall be i/^ of 1% of the invoiced value of such cast- 
ings, if the invoice of such castings shall be paid within 30 days 
from the date of such invoice; in all other cases, 1/2 of 1% on such 
invoiced value, if the invoice of such castings shall be paid within 
10 days from the dat^ of such invoice ; provided, however, in the lat- 
ter cases that any member of the Industry may allow such discount 
of 1/2 of 1% for payment within 10 days on the basis of settlements 
twice in each month, as follows: (a) On invoices dated from the 
1st to the 15th, inclusive, of any month, such discount may be al- 
lowed on payment of such invoices on or before the 25th of such 
month; (b) On invoices dated from the 16th to the end of any 
month, such discount may be allowed on payment of such invoices 
on or before the 10th of the next following month. 

" Nothing in this Section however, shall be deemed to apply to any 
sale or contract for the sale of any castings to the Government of 
the United States of America or to any agency thereof in any case 
in which such Government or Agency shall, pursuant to law, impose 
terms of payment other than those prescribed in this Section; pro- 
vided, however, that in any such case none of the members of the 
Industry shall allow to such Government or any Agency thereof 
terms of payment more favorable than those which shall be pre- 
scribed by such Government or Agency pursuant to law ". 

Amendment II 

Delete Section I of Schedule E of said Code and substitute the 
following : 

" Section 1. To make tenns of payment in connection with sale 
for domestic use more favorable to the customer than thirty (30) 

(260) 



261 

clays net cash from date of invoice ; provided, however, that dis- 
counts for prompt payment of invoices on cast steel wheels may be 
allowed at not to exceed the following rates : In the case of cast- 
ings shipped bj^ water from the plant of a member of the Industry 
from or through any Atlantic Coast or Gulf Port to any Pacific 
Coast Port, or through a Pacific Coast Port to a plac3 of delivery 
in the State of California or the State of Oregon or the State of 
Washington, or to a place of delivery in the Canal Zone or to an 
Alaskan Port, or to any of the Insular Possessions of the United 
States, the maximum rates of discount for early payment shall be 
1/^ of 1% of the invoiced value of such castings, if the invoice of 
such castings shall be paid within 30 daj^s from the date of such 
invoice; in all other cases, i/o of 1% on such invoiced value, if the 
invoice of such castings shall be paid within 10 days from the date 
of such invoice; provided, however, in the latter cases that an}' 
member of the Industry may ajlow such discount of i/^ of 1% for 
payment within 10 days on the basis of settlements twdce in each 
month, as follows: (a) On invoices dated from the 1st to the 15th, 
inclusive, of any month, such discount may be allowed on payment 
of such invoices on or before the 25th of such month; (b) On in- 
voices dated from the 16th to the end of any month, such discount 
may be allowed on paj^ment of such invoices on or before the 10th 
of the next following month. 

" Nothing in this Section, however, shall be deemed to apply to 
any sale or contract for the sale of any castings to the Government 
of the United States of America or to any agency thereof in any 
case in which such Government or Agency shall, pursuant to law, 
impose terms of payment other than those prescribed in this Sec- 
tion ; provided, however, that in an}^ such case none of the members 
of the Industry shall allow to such Government or any Agency 
thereof terms of payment more favorable than those wdiich shall he 
prescribed by such Government or Agency pursuant to law." 

Amendment III 

Add the following new Schedule to said Code, which will be 
known as Schedule F : 

"Z/s^ of Unfair Trade Practices Relating to Draft Gears. — With- 
out in any way limiting the application of Schedule E to ail manu- 
facturers of Draft Gears. Schedule F relates solely to the produc- 
tion and/or sale of Draft Gears and has no application to 
Miscellaneous Castings, Manganese Steel Castings, or to any other 
Specialties. 

" For all purposes of this Code, it shall be an unfair trade practice 
for any member engaged in the Draft Gear subdivision of the 
Specialties branch of the Industry to do any of the following acts : 

" 1. To pay secretly or allow rebates, refunds, credits, or un- 
earned discounts, or commissions to customers or their employees, 
whether in the form of money or otherwise, or to extend services 
or privileges to any purchaser not extended to all purchasers upon 
like terms and conditions. 

" 2. To sell, in connection with draft gear sales, equipment not 
part of the equipment covered by this product ' Classification or sub- 



262 

agency ', to any customer, directly or indirectly, at a net price which 
will result in a reduction in the price of draft gears sold to such 
customer. 

" 3. To misappropriate a competitor's business by inducing breach 
of contracts, espionage, piracy of styles or designs or imitation of 
trade names. 

" 4. To defame competitors or to disparage competitors' products 
falsely. 

" 5. To give any gratuity, reward or other form of bribe to pur- 
chasers of draft gears, or the use of premiums in ways which involve 
commercial bribery in any form. 

" 6. To giiarantee any draft gears, or part thereof, against defec- 
tive material or workmanship for any period exceeding one year 
from the date of delivery thereof to the purchaser. 

" 7. To use the traffic of any person, firm or corporation other than 
the traffic of the member of the Inc|ustry or permit the use of same, 
in any way to influence draft gear orders from any railroad for any 
such member." 

Approved Code No. 82- — Amendment No. 1. 
Registry No. 1106-1-01. 



Approved Code No. 347G — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

BEATER AND JORDAN AND ALLIED EQUIPMENT 

INDUSTRY 

As Approved on August 13, 1934 



ORDER 



Modifying the Order or Approval of the Supplementary Code of 
Fair Competition for Beater and Jordan and Allied Equipment 
L Industry 

A division of the machinery and allied products industry 

Whereas, by Administrative Order dated May 14, 1934, the Sup- 
plemental Code of Fair Competition for the Beater and Jordan and 
Allied Equipment Subdivision of Machinery and Allied Products 
Industry was approved on certain conditions as stated in the Order ; 
and 

Whereas, condition No. 3 specified that the provisions of Article 
VIII, Section (e) of the said Supplemental Code were thereby stayed 
pending the submission of satisfactory evidence concerning distribu- 
tion of the products of the Subdivision to the Administrator ; and 

Whereas, the evidence submitted by the Subdivision is satisfactory 
to the Administrator: 

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 Executive Order No. 659a-A, dated February 8, 1934 and 
otherwise; do hereby order that condition No. 3 in the Order dated 
May 14, 1934, approving the Supplemental Code of Fair Competi- 
tion for the Beater and Jordan and Allied Equipment Subdivision 
of Machinery and Allied Products Industry, be and is hereby re- 
moved and that the provisions of Article VIII, Section (e) of the 
Supplemental Code be in full force and effect from the date hereof. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 
Washington, D.C, 

August 13, 193Jf. 

(263) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : Provision #3 in the Order approving the Code of Fair Com- 
petition for the Beater and Jordan and Allied Equipment Subdivi- 
sion of Machinery and Allied Products Industry approved by me on 
May 14, 1934 provides that the provisions of Article VIII, Section 
(e) be and they hereby are stayed pending the submission of satis- 
factory evidence concerning distribution of the products of the Sub- 
division to the Administrator. This Section (e) of Article VIII 
reads as follows: 

" No employer shall sell to or through any distributor who shall 
fail to agree to resell in accordance with Articles VII, VIII and IX 
of this Supplemental Code." 

Satisfactory evidence concerning distribution of the products of 
the Subdivision has been submitted to me. 

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 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 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 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. 

(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 this Modification. 
Respectfully, 

Hugh S. Johnson, 

Adrninistrator. 
August 13, 1934. 

Approved Code No. 347G — Amendment No. 1. 
Registry No. 1399-54. 

(264) 



Approved Code No. 133 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY INDUSTRY 

As Approved on August 13, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 
Concrete Masonry 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 Concrete Masonry 
Industry, and annexed report on said amendment, containing find- 
ings 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 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 
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, 
Administrator for Industrial Recovery. 

Approval recommended: 
C. E. Adams, 

Division Administrator. 

Washington, D.C, 

August 13, 193^. 

(265) 



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 Title I of the National Industrial 
Recovery Act, for an amendment to the Code of Fair Competition 
for the Concrete Masonry Industry, submitted by the Code Authority 
for the Concrete Masonry 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 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 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 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, 

Administrator. 
August 13, 1934. 

(266) 



MODIFICATIO:^ OF CODE OF FAIR COMPETITION FOR 
THE CONCRETE MASONRY INDUSTRY 

Amend Article VI by eliminating Section 14 and substituting the 
following in lieu thereof : 

Section 14. (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 
(a) an itemized budget of its equitable expenses for the foregoing 
purposes, and (b) 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. 

(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 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 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 Ad- 
ministrator; 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. 133 — Amendment No. 1. 
Registry No. 1011-1-02. 

(267) 



Approved Code No. 236 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COOKING AND HEATING APPLIANCE 
MANUFACTURING INDUSTRY 

As Approved on August 13, 1934 



OKDER 



Approving Amendment of Code of Fair Competition for the 
Cooking and Heating Appliance Manufacturing Industry 

An application having been duly made puisuant 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 Cooking and Heating 
Appliance Manufacturing 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 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, 
Admrnistrator for Industrial Recovery. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

August 13, 19.34. 

(269) 



REPORT 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 Cooking and Heating Appliance Manufacturing 
Industry. A Notice of Opportunity to be Heard was sent to all 
members of the Industry on June 18, 1934, and no objections were 
filed with the Administration. The amendment which is attached 
was presented by the Code Authority, and endorsed by the Trustees 
of the Institute of Cooking and Heating Appliance Manufacturers. 

The Code of Fair Competition for the Cooking and Heating 
Manufacturing Industry provides in Article XI, Section 2, as 
follows : 

" 2. This code, except as to provisions required by the Act, may be 
modified on the basis of experience or changes in circumstances, 
such modifications to be based upon application to the Adminis- 
trator, and such notice and hearing as he shall specify, and to 
become effective on approval by the President." 

This amendment provides that Section 5 of Article VII be de- 
leted, and that certain provisions be inserted in accordance with your 
Executive Order of April 14 to facilitate the collection from each 
member of the Industry of his or its equitable contribution of the 
expenses of the maintenance of the Code Authority, subject to such 
rules and regulations pertaining thereto that may be issued by the 
Administrator. 

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 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 inctucing and maintain- 
ing 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 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. 

(270) 



271 

(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 Institute of Cooking and Heating Appliance Manufac- 
turers was and is an industrial group truly representative of the 
aforesaid Industry, and that said Institute imposed and imposes no 
inequitable restrictions on admission to membership therein and has 
endorsed this amendment, which was submitted by the Code Au- 
thority. 

(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 enterprise 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 dm inis trat or. 
August 13, 1934. 



MODIFICATION TO CODE OF FxVIR COMPETITION FOR 
THE COOKING AND HEATING APPLIANCE MANUFAC- 
TURING INDUSTRY 

In accordance with Article XI of the Code of Fair Competition for 
the Cooking and Heating Appliance Manufacturing Industry, it is 
proposed to amend said Code by deleting Section 5 of Article VII 
and inserting the following Provision in lieu thereof : 

1. It being found necessary in order to support the administration 
of this Code and to maintain the standards of fair competition es- 
tablished 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 
Cooking and Heating Appliance Manufacturing 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 Cooking and 
Heating Appliance Manufacturing Industry, and to that end, if nec- 
essary, to institute legal proceedings therefor in its own name. 

2. Each member of the Cooking and Heating Appliance Manu- 
facturing 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 pertain- 
ing thereto issued by the Administrator. Only members of the Cook- 
ing and Heating Appliance Manufacturing Industry complying with 
the Code and contributing to the expenses of its administration as 
hereinabove provided, unless duly exempted from making such con- 
tribution, shall be entitled to participate in the selection of mem- 
bers 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 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. 

Approved Code No. 2.36 — Amendment No. 1. 
Registry No. 1629^1-02. 

(272) 



Approved Code No. 264 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FOUNDRY EQUIPMENT INDUSTRY 

As Approved on August 13, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Foundry 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 the approval of a modi- 
fication to a Code of Fair Competition for the Foundry Equipment 
Industry, and opportunity to be heard thereon having been duly 
noticed 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 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 en- 
tirety as modified, such approval and such modification to take effect 
ten (10) days from the date hereof, unless good cause to the con- 
trary 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, 

August IS, WSJf. 

(273) 

I 



KEPORT 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 Foundry Equipment Industry to incorporate the 
principles contained in Executive Order of April 14, 1934 relating 
to collection of expenses of Code Administration. This Modifica- 
tion was proposed in accordance with Article IX of the Code as 
approved February 6, 1934, and Notice of Opportunity to be Heard 
was given from July 10 to July 25, 1934. 

FINDINGS 

The Deputy Administrator in his final report to me on said Modi- 
fication 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 to 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 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 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 i^ro visions 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 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, 

Admhiistrator. 
August 13, 1934. 

(274) 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE FOUNDRY EQUIPMENT INDUSTRY 

Purpose 

Pursuant to Article IX of the Code of Fair Competition for the 
Foundry Equipment Industry, duly approved by the Administrator 
on February 6, 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 Foundry Equipment 
Industry. 

Modification 

Delete Paragraph (b) of Article VI, Section 2 and substitute in 
lieu thereof the following: 

(b) 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 Administrator. Only members 
of the industry complying with the code and contributing to the ex- 
penses of its administration as hereinabove provided, unless duly ex- 
empted from making such contributions, shall be entitled to partici- 
pate 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 
substantially in excess of the amoimt thereof as estimated in its 

863C0— 34 8 (275) 



276 

approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Admin- 
istrator ; 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. 264 — Amendment No. 1. 
Registry No. 1112-02. 



Approved Code No. 357 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

INDUSTRIAL FURNACE MANUFACTURING 
INDUSTRY 

As Approved on August 13, 1934 



ORDER 



Approving Amendment of Code of Fait? Competition for the 
Industrial Furnace 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 Industrial Furnace 
Manufacturing 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 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 
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 : 
Barton W. Murray, 

Division Adininistrator. 

Washington, D.C, 

August 13, 193Jf. 

(277) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment of Section 3 of Article VI 
of the approved Code of Fair Competition for the Industrial Fur- 
nace Manufacturing Industry, This Code was approved by me on 
March 23, 1934. 

Pursuant to Executive Order No. 6678, dated April 14, 1934, the 
Code Authority for the Industrial Furnace Manufacturing Industry, 
in accordance with Section 3 of Article VI of said Code, having 
found it necessary in order to support the administration of this 
Code 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 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 
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 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 j)r()ducts 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. 

(278) 



279 

(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, 

AdmiinistratoT. 
August 13, 1934. 



MODIFICATION TO CODE OF FAIE COMPETITION FOR 
THE INDUSTRIAL FURNACE MANUFACTURING IN- 
DUSTRY 

Purpose 

Pursuant to Article VIII, Section 2 of the Code of Fair Com- 
petition for the Industrial Furnace Manufacturing Industry, duly 
approved by the President on March 23, 1934 and further to effec- 
tuate the policies of Title I of the National Industrial Recovery 
Act, the follow^ing modification is established as a part of said 
Code of Fair Competition and shall be binding upon every member 
of the Industrial Furnace Manufacturing Industry. 

Modification 

Modify Article VI, by deleting Section 3 and substituting in lieu 
thereof the following: 

" Section 3. 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 neces- 
sary (1) an itemized budget of its estimated expenses for the fore- 
going 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 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. 

" 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 
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. 

(280) 



281 

" 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 con- 
tained in the approved budget except upon approval of the Admin- 
istrator ; 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. 357 — Amendment No. 1. 
Registry No. 1103-09. 



Approved Code No. 15 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MEN'S CLOTHING INDUSTRY 
As Approved on August 13, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the Men's 

Clothing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Men's Clothing In- 
dustry, an opportunity to be heard having been duly afforded all 
members of said Industry and the annexed report on said amend- 
ments, containing findings with respect thereto, have been made 
and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent including Executive Order No. 6543-A, dated December 30, 1933, 
and otherwise ; do hereby incorporate, by reference, said annexed re- 
port and do find that said amendments 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 amendments be and they are 
hereby approved, and that the prcAdous approval of said Code is 
hereby modified to include an approval of said Code in its entirety 
as amended. 

Hugh S. Johnson, 
Administrator for IndustHal Recovery. 

Approval recommended: 

William P. Farnsworth, 

Acting Division Adininistrator. 

Washington, D.C, 

August 13, 19S4. 

(283) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: The Code Authority for the Men's Clothing Industry sub- jj 
mitted on March 14, 1934 and May 18, 1934 proposed amendments " 
to the Code of Fair Competition for the Men's Clothing Industry. 
These amendments when submitted were presented to the Legal i 
Division of the National Recovery Administration and received its | 
approval. 

As these amendments were short and simple and consistent with 
the policies of the Administration, a Public Hearing was considered 
not necessary and in lieu of the Public Hearing, notices of Oppor- 
tunity to be Heard were printed and distributed in the same manner 
as the Notice of Public Hearing. A specified date was set forth in j 
such notices by which time objections and criticisms were to be re- 
ceived relative to these amendments. Up to and including the dates 
specified in such notices, no objections or criticisms were received. 

In their final form these amendments received the approval of the ; 
Industrial Advisory Board, the Labor Advisory Board, the Con- 
sumers' Advisory Board, and the Legal and Research and Planning 
Divisions of the National Recovery Administration. 

The first amendment provides that no member of the Men's 
Clothing Code Authority shall be liable in any manner to anyone 
for any act of any other member, officer, agent, or employee of the 
Code Authority. The second amendment provides that the Code 
Authority may incorporate and be known as the Men's Clothing 
Code Authority, Incorporated. 

The Deputy Administrator in his final report to me on said 
amendments to said Code having found as herein set forth and on 
the basis of all the proceedings in this matter : 

I find that : 

(a) The amendments to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of 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 production 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 

(284) 



285 

unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all resjiects 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 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. Jopinson, 

Administrator. 
August 13, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
MEN'S CLOTHING INDUSTRY 

Article XIII is amended by adding the following to be known as 
Sections (f) and (g) : 

(f) 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, 
txercising 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 malfeasance or nonfeasance. 

(g) The men's Clothing Code Authority may, upon submission to 
and approval b}?^ the Administrator of its proposed Certificate of 
Incorporation and Bylaws, incorporate under the laws of any State 
of the United States, or of the District of Columbia; such corpora- 
tion to be known as the Men's Clothing Code Authority, Inc. The 
powers, objects and purposes of the said Corporation shall in all 
respects be limited to the powers, objects and purposes of the Men's 
Clothing Code Authority, as provided in this Code and the existence 
of the Corporation shall be during the term of the Code. 

Approved Code No. 15 — Amendment No. 4. 
Registry No. 216-1-06. 

(286) 



Approved Code No. 131 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PIPE NIPPLE MANUFACTURING INDUSTRY 

As Approved on August 13, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Pipe Nipple 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 modifica- 
tion of a Code of Fair Competition for the Pipe Nipple Manufac- 
turing Industry, and as contained in a Published Notice of Oppor- 
tunity to Be Heard, Administrative Order No. 131--7, dated July 3, 
1934, and no objections having been filed as provided in said Pub- 
lished Notice, and the annexed report on said modification, con- 
taining findings with respect thereto, having been made and di- 
rected to the President. 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order 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 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 ten 
(10) days from the date hereof, unless good cause to the contrary 
is shown to the Administrator before that time and the Adminis- 
trator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

August 13, 193Ji. 

(287) 



KEPORT 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 a modification of the Code of Fair Competition for the 
Pipe Nipple Manufacturing Industry, submitted by the Code 
Authority for the said Industry. 

The existing provisions of Article VI, 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 modification of Article VI of said Code, the 
provisions of which follow closely the text of the above mentioned 
Orders, will overcome the existing ihadequate provisions. 

FINDINGS 

The Deputy Administrator in his final report to me on said mod- 
ification 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 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 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 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 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 sm.all enterprises and will not 
operate to discriminate against them. 

(288) 



289 

(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 this modification, 
such approval and such modification 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, 
August 13,. 1934. 



I 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE PIPE NIPPLE MANUFACTURING INDUSTRY 

PURPOSE 

Pursuant to Article X of the Code of Fair Competition for the 
Pipe Nipple Manufacturing Industry, duly approved by the Presi- 
dent on November 27, 1933 and further to effectuate the policies oJ 
Title I of the National Industrial Recovery 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 Pipe Nipple Manu- 
facturing Industry. 

MODinCATION 

Modify Article VI, by deleting Section 8 and substituting in liei 
thereof the following : 

Section 8. (a) It being found necessary in order to support thf 
administration of this Code and to maintain the standards of fail 
competition established by this Code and to effectuate the policy o; 
the Act, the Code Authority is authorized, subject to the approval o: 
the Administrator : 

(1) To incur such reasonable obligations as are necessary anc 
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 neces- 
sary. (1) An itemized budget of its estimated expenses for the fore- 
going 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 
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. 

(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 from 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 to 
make use of any emblem or insignia of the National Recovery 
Administration. 

(290) 



291 

(c) The Code Authority shall neither incur nor pay any obliga- 
tion substantially 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 estimates except those which 
the Administrator shall have so approved. 

Approved Code No. 131 — Amendment No. 1. 
Registry No. 112S-02. 



S6360- 



Approved Code No. 29 — ^Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ARTIFICIAL FLOWER AND FEATHER INDUSTRY 

As Approved on August 14, 1934 



OKDER 



Approving Amendments to and Amended Code of Fair Competition 
For the Artificial Flower and Feather 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 and an amended Code of Fair Competition for the Artificial 
Flower and Feather 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 
x^rGsiQGnt * 

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 
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 subject to the following 
condition : 

THAT, the Administrator shall forthwith appoint a commission 
of three consisting of one representative of employers and one rep- 
resentative of employees, with an impartial Chairman, which com- 
mission shall undertake a study of conditions within the Industry 
with respect to the hours and wages of employees, and particularly 
with respect to the provisions of the Code which regulate the employ- 
ment of learners in the Industry, in order to make recommendations 
for such modifications of the amended Code as are necessary for the 
effective control of learners, the learning period, and the percentage 
of learners necessary for the Industry, in order to effectuate the pol- 

(293) 



294 

icies of the xVct. The Labor member of this commission shall be 
nominated by the Labor Advisory Board of the National Kecovery 
Administration, and the Industry member of this commission shall 
be nominated by the Code Authority ; the impartial Chairman shall 
be nominated by the Labor member and the Industry member of this 
commission ; provided, however, that upon failure of these two mem- 
bers to agree upon an impartial Chairman within ten (10) days 
following their appointment, the Administrator shall appoint an 
impartial Chairman of his own choosing. 

The recommendations of this commission shall be made prior to 
December 31, 1934, and upon approval by the Administrator, either 
in their original or modified form, after such hearing and notice 
as he may specify, such recommendations either in their original 
or modified form shall become a part of this amended Code. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval Recommended : 

William P. Faensw^orth, 

Acting Division Administrator. 

Washington, D.C, 

August IJf.^ 193 Jf. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Public Hearing for tlie purpose of amending and mod- 
ifying the Code of Fair Competition for the Artificial Flower and 
Feather Industry as proposed by the Code Authority, was conducted 
in the Ambassador Hotel, Washington, D. C, on March 24, 1934. 

Every person who requested an appearance was fairly heard in 
accordance with the regulations of the National Recovery Adminis- 
tration. The amended Code has the approval of the Industrial and 
Labor Advisory Boards, the Legal Division and the Division of Re- 
search and Planning of the National Recovery Administration. The 
Consumers' Advisory Board has withdrawn its advisory service with 
respect to this Code in order to give it more time and energy for 
the consideration of Codes and Code provisions which are, from its 
standpoint, more important to the consumers of the country. The 
Code Authority, on behalf of the Industry, has also given its 
approval to the final draft of the Code. 

The Industry as defined in the amended Code, includes the manu- 
facture in whole or in part, assembling, importing, wholesale dis- 
tributing, and sale of '"Artificial Flower and Feather products ", to 
be used for decorative, ornamental, and/or trimming purposes. 

RESUME OF THE AMENDED CODE 

Article I gives the purpose of the Code. 

Article II sets forth certain definitions. 

Article III contains tl>e maximum hour provisions of the Code. 

Article IV establishes the minimum wage for employees in the 
Industry. 

Article V sets forth general labor provisions. 

Article VI provides for the organization and constitution of the 
Code Authority and defines is powers and duties. 

Article VII sets forth trade practice rules. 

Article VIII provides for a free and open market and prohibits 
conspiracies to maintain prices. 

Article IX regulates price cutting. 

Article X provides for modification of the Code. 

Article XI prohibits monopolies. 

Article XII is on price increases. 

Article XIII specifies the effective date. 

FINDINGS 

" The Deputy Administrator in his final report to me on said 
amended Code having found as herein set forth and on the basis of 
all the proceedings in this matter ; 

(295) 



296 

"I find that: 

"(a) Said amended Code is well designed to promote the policies 
and purposes of Title I of the National Industrial Recovery Act, 
Including removel 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 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 i 
reducing and relieving unemployment, by improving standards of i 
labor, and by otherwise rehabilitating industry. 

"(b) The amended 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 Code Author- 
ity is truly representative of the aforesaid Industry. 

"(c) The amended Code is not designed to and will not permit 
monopolies or monopolistic practices. 

"(d) The amended Code is not designed to and will not eliminate 
or oppress small enterprises and will not operate to discriminate 
against them. 

"(e) Those engaged in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
amended Code." 

For these reasons the amended Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

Administj'ator. 

August 14, 1934. 



AMENDED CODE OF FAIR COMPETITION FOR THE 
ARTIFICIAL FLOWER AND FEATHER INDUSTRY 

The Code of Fair Competition for the Artificial Flower and 
Feather Industry, as approved on September 7, 1933, is hereby 
amended to read as follows : 

Article I — Purpose 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code 
of Fair Competition for the Artificial Flower and Feather Industry, 
and shall be binding upon every member thereof. 

Article II — Definitions 

1. The term " Industry " as used herein includes the manufacture 
in whole or in part, assembling, importing, wholesale distributing, 
and sale of " artificial flower and feather products ", as defined herein, 
to be used for decorative, ornamental, and/or trimming purposes, and 
such other branches and subdivisions of the said Industry which 
may from time to time be included by the Administrator under the 
provisions of this Code. 

2. The term "Artificial Flower and Feather Products" as used 
herein means and includes artificial flowers, leaves, and parts thereof; 
artificial fruits ; artificial plants, and parts thereof ; prepared plants 
and other botanical products, and parts thereof ; and feathers, crude 
and/or manufactured. 

3. The term " employee " as used herein means and includes any 
person engaged in any phase of the Industry in any capacity receiv- 
ing compensation for his services, irrespective of the nature or method 
of payment of such compensation, including members of a co-part- 
nership or a firm, or an officer, director or stockholder of a corporation 
doing the work of an employee. 

4. The term " employer " as used herein means and includes anyone 
by whom any such employee is compensated or employed. 

5. The term " member of the Industry " as used herein means and 
includes any person, firm, co-partnership or corporation or other 
form of enterprise exclusively or in part engaged in the Industry, 
either as an employer or on his, their or its own behalf, as a manu- 
facturer, jobber, importer, or contractor, and including, but without 
limitation, any selling organization wholly or partially owned or 
directly or indirectly controlled by any member of the Industry as 
above defined. 

6. The term " contractor " as used herein means and includes any 
person, firm, or corporation or other form of enterprise, employing 
manufacturing labor, who manufactures or produces in whole or in 
part for the account of another, any of the products enumerated 

(297) 



298 

above and/or any part thereof that may be necessary to finish or 
complete any of said products. 

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. " Prepared plants " and " botanical products " as used herein 
mean and include natural plants and/or parts thereof used in 
their natural state and/or which have been treated, preserved, 
colored, fashioned and/or put into form for decorative uses and 
purposes. 

Article III — HorRS of Labor 

1. Except as hereinafter provided, no employee shall be per- 
mitted to work in excess of forty (40) hours in any one week nor 
in excess of eight (8) hours in any one day period, nor in excess 
of five (5) days in any seven (7) day period. 

a. In the " prepared plants " and other " botanical products " 
branches of the Industry, employees may be permitted to work six 
(6) days in any seven (7) day period and/or ten (10) hours in any 
twenty-four (24) hour period, provided, however, that in no event 
shall employees be permitted to work in excess of forty (40) hours 
in any one week as provided for above; and provided further that 
if an emergency exists in which the product may deteriorate or be 
destroyed while in a perishable condition, such employee may be 
permitted to work in excess of ten (10) hours in any one day for 
the purpose of processing said perishable product into a non-perish- 
able condition, provided that they are paid at the rate of not less 
than time and one-third of the normal rate of pay for all hours 
worked in excess of ten (10) hours in any one day. 

b. Watchmen, guards, engineers, firemen and employees engaged 
in maintenance or repair work, clerical or office work, and members 
of shipping crews shall not be permitted to work in excess of forty- 
four (44) hours in any one week nor in excess of nine (9) hours in 
any twenty-four (24) hour period, nor in excess of six (6) days in 
any seven (7) day period. 

2. The Code Authority, with the approval of the Administrator, 
may establish such shorter maximum work week than the foregoing 
as may be required to further effectuate the purposes of the Act. 

3. Except as hereinbefore and hereinafter provided, no overtime 
whatsoever shall be permitted in the manufacture, production, as- 
sembling or finishing of products manufactured by the Industry. 
Any member of the Industry may apply to the Industrial Relations 
Committee of the Code Authority for certification of compliance 
with all rules and regulations governing the need of employment of 
emergency or overtime workers due to shortage of workers. Upon 
such certification of compliance and upon favorable recommendation 
of such Industrial Relations Committee, the Code Authority may, 
subject to the disapproval of the Administrator, permit employment 
for overtime work. In no event, however, shall any employee be 
permitted to work in excess of five hours per week overtime, nor shall 
any overtime be permitted during more than fourteen (14) weeks 
in any twelve months period, nor in any market or locality in which 
there does not exist an actual shortage of available workers. Rates 



299 

of pay for such overtime work as may be permitted shall be not less 
than 1 and % times the normal rate of pay. Subject to review by 
the Administrator, the Code Authority may prescribe additional 
rules and regulations concerning overtime employment consistent 
herewith. 

4. No member of the Industry shall knowingly permit any em- 
ployee to work for any time which, when added to the time spent 
at work for another member or members of the Industry, exceeds 
the maximum permitted herein. 

5. The provisions of this Article shall also apply to all employers 
insofar as they themselves perform the work of craftsmen. 

6. The provisions of this Article shall not apply to outside 
salesmen. 

7. Each member of the Industry shall administer work in his 
charge so as to provide the maximum continuity of employment 
practicable for his personnel. The Code Authority shall submit to 
the Administrator, as hereinafter provided, a plan for the regula- 
tion and stabilization of employment in this Industry. 

Article IV — Rates of Pat 

1. Except as hereinafter provided, no employee shall be paid less 
than a minimum rate of fifteen ($15.00) dollars per week of forty 
(40) hours; provided, however, that each employee who is permitted 
to work in excess of forty (40) hours per week in accordance with 
the provisions of Section 1(b) of Article III shall not be paid less 
than the normal rate of pay for such hours worked in excess of forty 
(40) in any one week. 

2. Learners may be paid not less than $9.00 per week of 40 hours 
for the first three months of employment, and not less than $13.00 
for the next nine months of employment, after which period of 
twelve months employees shall be paid not less than the minimum 
of $15.00 per week of 40 hours. 

a. If the operation at which any Learner is engaged during the 
first three (3) months of his employment has a piecework rate and 
the amount earned at such rate is in excess of the rate of nine ($9.00) 
dollars per week of forty hours, such Learner shall be paid at such 
piecework rates; and if the operation at which any Learner is en- 
gaged during the succeeding nine (9) months of his employment has 
a piecework rate and the amount earned at such rate is in excess of 
the rate of thirteen ($13.00) dollars per week of forty (40) hours, 
such Learner shall be paid at such piecework rate. 

b. Any time worked by a learner in the Industry shall be deemed a 
part of such apprenticeship period, whether such time is worked 
continuously, or in more than one shop, or for more than one em- 
ployer, or at more than one kind of operation in the same subdivision 
of the Industry. 

c. The number of Learners engaged by any one employer shall at 
no time exceed twenty -five (25%) percent of the total number of 
employees engaged by such employer, except that for a period 
beginning July 1st and ending December 31, 1934, an additional 
twenty-five (25%) percent of the total number of employees may 
be employed. 



300 

3. A person whose earning capacity is limited because of age, phys- 
ical or mental handicap, or other infirmity, 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 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 employed by him, 
showing the wages paid to, and the maximum hours of work for 
such employee. 

4. This Article establishes minimum rates of pay which shall apply 
irrespective of whether or not an employee is compensated on a time 
rate or other basis, and the Code Authority shall at times specified 
by the Administrator, investigate and report on the effect of such 
rates of pay on fair competition in the Industry, and the contin- 
uance of such rates of pay, as minimum rates of pay only. 

5. No employer shall make any reduction in the full time weekly 
earnings of any employee whose normal full time weekly hours are 
reduced by twenty percent (20%), or less, below those existing for 
the four weeks ending July 1, 1933. When the normal full time 
weekly hours of an employee are reduced by more than said per- 
cent, the full time weekly wage of such employee shall not be re- 
duced by more than one-half of the percentage of hour reductions 
above said percent. In no event shall hourly rates of pay be re- 
duced, irrespective of whether compensation is actually paid on an 
hourl3^ weekly, or other basis, nor shall any wages be at less than 
the minimum rates herein provided. 

Within thirty (30) days of the effective date hereof, (unless such 
adjustment has been made theretofore) each employer shall adjust 
the schedule of wages of his employees in such an equitable manner 
as will conform to the provisions hereinabove set forth, and still 
preserve wage differentials reasonably proportionate to those in 
effect prior to the effective date of this Code. 

6. Female employees performing substantially the same work as 
male employees shall receive the same rate of pay as male 
employees. 

7. No employer shall reclassify employees or duties of occupa- 
tions performed or engage in any subterfuge so as to defeat the 
provisions of the Act or of this Code. 

Article V — General Labor Provisions 

1. No person under sixteen (16) years of age shall be employed 
in the Industry in any capacitj^ 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 employment or age certificates or 
permits showing that the employee is of the required age. 

(a) No person under eighteen (18) years of age shall be employed 
at operations or occupations, if any, which are hazardous in nature 
or detrimental to health. The Code Authority shall submit to the 



301 

Administrator -within ninety (90) days of the effective date of this 
amendment a list of all such operations or occupations. 

2. Employees shall have the right to organize and bargain col- 
lectively through representatives of their own choosing, and shall 
be free from the interference, restraint, or coercion of emjDloyers of 
labor, or their agents, in the designation of such representatives or 
in self-organization or in other concerted activities for the purpose 
of collective bargaining or other mutual aid or protection. 

3. Xo employee and no one seekuig employment shall be required 
as a condition of employment to join any company union or to re- 
frain from joining, organizing, or assisting a labor organization of 
his own choosing; and 

4. Employers shall comply with the maximum hours of labor, 
minimum rates of pay, and other conditions of employment, ap- 
proved or prescribed by the President. 

5. Every emploj^er shall provide for the safety and health of his 
employees during the hours and at the places of their employment. 
Standards for safety and health shall be submitted by the Code 
Authority to the Administrator within six (6) months of the effec- 
tive date of this amendment. 

6. No manufacturing, assembling, or production work shall be 
performed nor be contracted for performance in any home, nor in 
any part of the living quarters of any employee or other person, 
except in accordance with the provisions of the Executive Order 
of the President, dated May 15, 1934. 

7. No provisions of this Code shall supersede any law within any 
state which imposes more stringent requirements on employers as to 
age of employees, wages, hours of work, or as to safety, health, or 
sanitary regulations, or insurance, or fire protection, or general 
working conditions, than are imposed by this code. 

8. All employers shall post and keep posted, copies of the labor 
provisions of this Code in conspicuous places, accessible to all em- 
ployees. Every member of the Industry shall comply with all rules 
and regulations relative to the posting of the provisions of Codes 
of Fair Competition which may, from time to time, be prescribed 
by the Administrator. 

9. No provisions in this Article shall modify established practices 
granting privileges as to vacation periods, leaves of absence, or tem- 
porary absence from work heretofore granted to office employees. 

10. Every employer shall file with the Code Authority a full and 
accurate list of all employees, hired, or employed as " Learners ", as 
defined above, and shall comply with all rules and regulations pre- 
scribed by the Code Authority, with the approval of the Admin- 
istrator, governing the employment of Learners in this Industry. 

11. The Code Authority, subject to the approval of the Adminis- 
trator, shall, within thirty (30) days of the effective date of this 
Code, and, if necessary, from time to time thereafter, issue rules 
and regulations concerning the manufacture and production of Arti- 
ficial Flower and Feather Products and/or any part thereof that 
may be necessary or required to finish or complete any Artificial 
Flower and Feather Products under conditions known as '' contract- 
ing ", and after such approval by the Administrator no member 
of the Industry shall manufacture and/or produce or cause to be 



302 

manufactured and/or produced any Artificial Flower and Feather 
Products and/or any part thereof that may be necessary or required 
to finish or complete any Artificial Flower and Feather Products 
under such conditions of " contracting " unless the " contractor " 
shall comply in all respects with all such rules and regulations. 

Without limitation, such rules and regulations shall include rules 
and regulations concerning (a) registration of contractors and those 
employing contractors; (b) uniform written contracts which shall 
be used in all relationships between contractors and those employing 
contractors; (c) the filing of all such written contracts with the 
Code Authority; (d) reports by contractors and those employing 
contractors for full compliance with the provisions of this Code 
and all amendments when made thereto. 

Article VI — Organization, Powers and Duties or the Code 

Authority 

organization and constitution 

1. A Code Authority is hereby established consisting of nine (9) 
representatives of the Industry who shall be selected by the Admin- 
istrator upon recommendations from members of the Industiy. The 
Industry shall be entitled to representation upon the Code Authority 
as follows: Decorative Flower Manufacturers, two (2) members, 
Flower Manufacturers for the Millinery Trade, one (1) member, 
Flower Manufacturers for other apparel trades, one (1) member. The 
Feather Industry, two (2) members, Importers and Jobbers, one (1) 
member, and two (2) members at large. Members of the Code 
Authority shall be appointed to hold office for one year, subject, 
however, to the provisions of Section 3, 

2. In addition to membership as above provided, there may be 
three (3) members, without vote, to be known as Administration 
members, to be appointed by the Administrator to serve for such 
terms as he may specify. 

a. One such member as provided for in Section 2 above shall be 
appointed upon nomination by the Labor Advisory Board of the 
National Recovery Administration. 

3. Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall 
(1) impose no inequitable restrictions on membership, and (2) sub- 
mit to the Administrator true copies of its articles of Association, 
bylaws, regulations, and any amendments when made thereto, to- 
gether with such other information as to membership, organization, 
and activities as the Administrator may deem necessary to effectuate 
the purposes of the Act. ' 

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. 

5. Nothing contained in this Code shall constitute the members 
of the Code Authority partners for any purpose. Nor shall any 



303 

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 wilful malfeasance or nonfeasance. 

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 re- 
quire that such action be suspended to afford an opportunity for in- 
vestigation 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. 

7. 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, and 
to establish a confidential agency to which such information and 
reports are to be delivered by members of the Industry, and to set 
up rules and regulations governing the making of returns and reports 
by members of the Industry as to: (1) Production, (2) Machine 
hours, (3) Labor hours and pay-roll account. The aforesaid reports 
shall be made not less than every three months, and at such other 
times as the Artificial Flower and Feather Code Authority may de- 
termine; provided, that no member of the Industry shall have access 
to the confidential returns and data reported by the individual mem- 
bers, but all such data shall be correlated, or otherwise presented in 
such manner as to avoid disclosure of individual plant operations, 
except when its use is necessary to prove or disapprove a complaint 
or violation of this Code. In addition to information required to 
be submitted to the Code Authority, members of the Industry sub- 
ject to this Code 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 he 
may designate ; provided, that nothing in this Code shall relieve any 
member of the Industry of any existing obligations to furnish re- 
ports 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 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. 



304: 

(e) To make reconuiiendations to the Administrator for the co- 
ordination of the administration of this Code and 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 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 : 

(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 nec- 
essary (1) an itemized budget of its estimated expenses for the 
foregoing purposes, and (2) an equitable basis upon which the 
funds necessary to support sucli 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 proceed- 
ings 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 reg- 
ulations 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, shall 
be entitled to participate in the selection of members of the Code 
Authorit}^ or to receive the benefits of any of its activities. 

3. 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 defi- 
ciency 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- 
bilization of employment; and including modifications of this Code 
which shall become effective as part hereof upon aj^proval 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 formulating 
fair trade })ractices 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 other codes. 

8. Cost Finding. — The Code Authority shall cause to be formu- 
lated methods of cost finding and accounting capable of use by all 



I 



305 

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 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 uniform items of cost 
which are designed to bring about arbitrary uniformity of costs or 
prices. 

Article VII — Trade Practice Eules 

1. No member of the Industry shall publish advertising (whether 
printed, radio, display or of any other nature), which is misleading 
or inaccurate in any material particular, nor shall any member in 
any way misrepresent any goods (including, but without limitation, 
its\ise, trademark, grade, quality, quantity, origin, size, substance, 
character, nature, finish, material, content or preparation) or credit 
terms, values, policies, services, or the nature or form of the business 

conducted. , • , , 1 1 p 

2. No member of the Industry shall knowingly withhold from or 
insert in any quotation or invoice any statement that makes it inac- 
curate in anv material particular. 

3. No member of the Industry shall brand or mark or pack anj 
woods 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 prepara- 
tion of such goods. , „ -, - ^-^ u -c 1 1 

4. No member of the Industry shall defame a competitor by falsely 
imputing to him dishonorable conduct, inability to perform con- 
tracts, questionable credit standing, or by other false representation, 
or by falsely disparaging the grade or quality of his goods. 

5. Threats of Law Suits. No member of the Industry shall pub- 
lish or circulate unjustified or unwarranted threats of legal proceed- 
ings which tend to or have the effect of harrassing competitors or 
intimidating their customers. 

6. No member of the Industry shall secretly offer or make any 
payment or allowance of a rebate, refund, commission credit, un- 
earned discount or excess allowance, whether in the form of money 
or otherwise, nor shall a member of the Industry for the purpose 
of influencing a sale, offer or extend to any customer any special 
service or privilege not extended to all customers of the same class. 

7. 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 any employee, agent, or representative of another in rela- 
tion to the business of the employer of such employee, the principal 
of such agent or the represented party, without the knowledge of 
such employer, principal or party. This provision shall not be con- 
strued to prohibit free and general distribution of articles commonly 
used for advertising except so far as such articles are actually used 
for commercial bribery as hereinabove defined. 

6. No member of the Industry shall wilfully induce or attempt to 
induce the breach of existing contracts between competitors and 



306 

their customers by any false or deceptive means, or interfere with 
or obstruct the performance of any such contractual duties or serv- 
ices by any such means, with the purpose and effect of hampermg, 
injuring or embarrassing competitors in their business. 

9. No member of the Industry shall require that the purchase or 
lease of any goods be a prerequisite to the purchase or lease of any 
other goods. 

10. No member of the Industry shall grant any cash discount in 
excess of two (2%) percent, ten (10) days, E.O.M. to any pur- 
chaser of decorative flowers, prepared plants, botanical products, or 
raw fancy feathers, nor to any manufacturer of dresses, coats and 
suits, garters, handbags, shoes, slippers, or undergarments; and no 
member of the Industry shall grant a cash discount in excess of 
eight (8%) percent, ten (10) days, E.O.M. to any purchaser of any 
other article not covered by the above provisions. 

11. No member of the Industry shall accept returned merchandise 
for credit under any circumstances except in accordance with the 
following : 

(a) Members of the Industry may accept merchandise for 
credit which has been shipped by a customer within five (5) work- 
ing days from the date of receipt by the customer in his store, 
only for the following reasons : errors in shipment, delay in 
delivery, defective material or w^orkmanship or any breach of 
contract. Members of the Industry shall not accept merchan- 
dise for credit unless accompanied by a letter or regular return 
form mailed by the customer to the manufacturer stating the 
contents of the i^ickage, reason for the return and the date on 
which the merchandise was received. 

(b) Members of the Industry may accept merchandise for 
credit which has been shipped by the customer after five (5) 
working days from the date of receipt by the customer in his 
store, only for the following reasons : defective material or 
workmanship or breach of contract which cannot be detected by 
a reasonable inspection within the stated five (5) w^orking days, 
arid under circumstances defined by the Code Authority subject 
to the disapproval of the Administrator. 

12. All shipments to customers shall be made f.o.b., point of 
shipment. 

Article VIII — Price Fixing 

1. No member of the Industry shall enter into any agreement, 
understanding, combination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any member of the Industry to 
change his price terms by the use of intimidation, coercion, 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 IX — Cost and Price Cutting 

1. The standards of fair competition for the Industry with refer- 
ence 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* 



307 

or of any other Industry, or the customers of either, may at any 
time complain to the Code Authority that any price quoted 
and/or charged constitutes unfair competition as destructive 
price cutting, imperiling small enterprises or tending toward 
monopoly or the impairment of code wages and working condi- 
tions. The Code Authority shall within five (5) days afford an 
opportunity to the member quoting and/or charging the price 
to answer such complaint and shall within fourteen (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 NRA 
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 sourid 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 2 hereof, is forbidden. 

2. Emergency Provisions : 

(a) If the Administrator, after investigation shall at any 
time find both (1) that an emergency has arisen within the In- 
dustry 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 jDrice for a specified prod- 
uct within the Industry for a limited period is necessary to 
mitigate the conditions constituting such emergency and to effec- 
tuate 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 Ad- 
ministrator 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 condi- 
tions 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 Indus- 
try, shall sell such specified proclucts 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 Author- 
ity may recommend review or reconsideration or the Adminis- 
trator may cause any determinations hereunder to be reviewed 
or reconsidered and appropriate action taken. 

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- 

86360—34 10 



308 

visions of subsection (b) of Section 10 of the Act, from time to time to 
cancel or modify any order, approval, license, rule, or regulation 
issued under Title I of said Act. 

2, Such of the provisions of this Code as are not required to be in- 
cluded herein by the Act may, with the approval of the Administra- 
tor, be modified or eliminated 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 XI — 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 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 
increases except such as may be required to meet individual cost 
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 XIII — Effective Date 

This amended Code shall become affective on and after the second 
Monday after its approval, and shall thereupon supersede the Code 
of Fair Competition for the Artificial Flower and Feather Industry, 
approved on September 7, 1933. 

Approved Code No. 29 — Amendment No. 1. 
Registry No. 1603-02. 



Approved Code No. 16 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HOSIERY INDUSTRY 

As Approved on August 14, 1934 



ORDEE 



MoDiriCATION OF CODE OF FaIK COMPETITION FOR THE HoSIERY 

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 Hosiery Industry, and 
hearings having been duly held thereon and the annexed report on 
said modification, containing findings with respect thereto; having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543^A, dated December 30, 
1933, and othei*wise; 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 the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as modified. 

Hugh S. Johnson, 
Adininistrator for Industrial Recovery. 

Approval recommended : 
Robert L. Houston, 

Division Administrator. 

Washington, D. C, 

August llf., IQSJ).. 

(309) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : This is a report on the Hearing covering the Amendment to 
the Code of Fair Competition for the Hosiery Industry, held in 
Room 3204, Department of Commerce Building, Washington, D.C., 
Fridaj'^, March 9, 1934. The Amendment, which is attached, was 
presented by duly qualified and authorized representatives of the 
Industry, complying with statutory requirements and being the same 
Agency that originally submitted 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 

This is one amendment which defines the conditions under which 
all sales will be made in the Industry, and under which sales con- 
tracts should be entered into. 

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 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 competitive practices, 
by promoting the fullest possible utilization of the present produc- 
tive capacity of industries, by avoiding undue restriction of produc- 
tion (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 the 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. 

(310) 



311 

(c) The National Association of Hosiery Manufacturers was and 
is an industrial associaton truly representative of the aforesaid 
industry and that said association imposed and imposes no inequi- 
table restrictions on admission to membership therein and has applied 
for or consents to this amendment. 

(d) The 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. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 14. 1934. 



MODIFICATION OF CODE OF FAIE COMPETITION FOR 
THE HOSIERY INDUSTRY 

Amend Article VIII — Fair Trade Practice, Section 1. GontractSy 
by removing therefrom subsection (b) and renumbering and entitling 
it " Section 6 — Listing ". 

Also remember Sections 6 to 15 to be Sections 7 to 16 respectively. 

Cancel subsections (a) and (c) of Section 1. Contracts^ and sub- 
stitute therefor an entire new section to read as follows : 

1. Uniform Conditions of Sale. — The following Conditions of Sale 
will be binding on all members of the Hosiery Industry : 

(a) All orders are subject to acceptance by the mill. 

(b) All orders are accepted subject to delays, partial deliver}- and 
non-delivery caused by labor difficulties, or conditions beyond control 
of the seller. In such cases, the seller shall promptly notify the 
buyer, and the buyer shall have the right to cancel any undelivered 
or unfinished portion of the order. Failure of the buyer to either 
cancel or confirm within ten days after receipt of notice shall be 
construed as cancellation. 

(c) (1) Anticpation of payment, if allowed, shall not be at a rate 
in excess of 6% per annum. 

(2) Any invoices not paid on due date shall be subject to interest 
at the rate of 6% per annum. 

(3) Dating in excess of seller's established terms shall be subject 
to interest at the rate of 6% per annum. 

(4) A discount becomes " unearned discount " and is forfeited 
upon failure of payment of invoices on due dates, according to terras. 

(d) Cancellation may be effected only: 

(1) By the buyer, because of failure of the seller to make deliver- 
ies on the specified delivery dates, provided the buyer has furnished 
details in keeping with contract commitments, and provided the 
buyer has given the seller at least 10 days written notice, (either 
before or after the date) of his intention to cancel past due deliv- 
eries. Until or unless a past due delivery is cancelled in the manner 
provided herein, the commitment of the buyer therefor remains in 
force. 

'2) By the seller, because of impairment of customer's credit. 

^3) In accordance with sub-section (b) of this section. 

(e) Any controversy or claim arising out of or relating to this 
contract or the breach thereof, shall be settled by arbitration, in 
accordance with the Rules, then obtaining, of the American Arbitra- 
tion Association, and judginent upon the award rendered may be 
entered in the highest court of tlie forum, state or federal, having 
jurisdiction; provided this provision for arbitration shall not have 
been deleted by the purchaser upon, or prior to, the execution of this 
contract. 

Approved Code No. 16 — Amendment No. 4. 
Registry No. 241-02. 

(312) 



Approved Code No. 275B — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

CARBON DIOXIDE INDUSTRY 

As Approved on August 16, 1934 



ORDER 



Approving Amendments of Supplementary Code of Fair Compe- 
tition FOR the Carbon Dioxide Industry 

A division of the chemical 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 amendments 
to a Supf)lementary Code of Fair Competition for the Carbon Diox- 
ide Industry, a Division of the Chemical Manufacturing Industry, 
and an oiDportunity to be heard having been given and the annexed 
report on said amendments containing findings with respect thereto 
having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise, do hereby incorporate by reference, said 
annexed report and do find that said amendments and the Code as 
constituted after being amended comply in all respects with the per- 
tinent provisions and will promote the policy and purposes of said 
Title of said Act, and do hereby order that said amendments be and 
they are hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as amended, provided that the provisions of Article IV, 
Section 9, Contractual Relationship with Jobbers and/or Distribu- 
tors, as amended shall remain in force only for the remainder of 
the six month period beginning May 14, 1934, that is the effective 
date of the Code approved on May 4, 1934, as was provided in the 

(313) 



314 

Order of approval of the Code unless such period shall be extended 
by the Administrator and provided that said amendments and this 
Order shall become effective on the tenth day after the date hereof. 

Hugh S. Johnson, 
Administrator for Industridi Recovery. 
Approval recommended: 
Geo. L. Beery, 

Division Administrator. 
Washington, D.C, 

Augitst 16, 193Jf. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the proposed amendments to the Supple- 
mentary Code of Fair Competition for the Carbon Dioxide Industry, 
a division of the Chemical Manufacturing Industry, as approved 
by me on May 4, 1934. A notice of opportunity to be heard on these 
amendments was published on June 22, 1934. Full opportunit}'^ to 
be heard was given to all interested parties. 

The purposes and effects of the amendments are as follows : 

Amendment No. 1 enables the Code Authority to incur such reason- 
able obligations as are necessary for the administration of the Code. 
It requires that the Code Authority submit for approval of the 
Administrator an itemized budget and an equitable basis of pro- 
rating the assessments to be collected from the members of the In- 
dustry. Payment of an equitable contribution to the expenses of the 
Code Authority by members of the Industry is made mandatory by 
this amendment if their principal line of business is covered by 
this Code. 

Amendment No. 2 deletes Section 1, Price Lists, Section 2, Revised 
Price Lists, and Section 3, Adherence to Price Lists, of Article IV 
of the approved Code and substitutes therefor Sections 1, 2 and 3 
of Exhibit A in Office Memorandum No. 228, with certain minor 
modifications, these being the open price filing provisions proposed 
by the Administration. 

The Code Authority proposed that the Chairman of the Code 
Authority shall act as the confidential and disinterested agent of 
the Code Authority with whom members of the Industry shall file 
price lists. This, however, has been changed back to the Admin- 
istration's more general proposal, leaving it to the Code Authority 
to designate a " confidential and disinterested agent " because the 
designation of a particular individual or agency in a Federal statute 
is not considered advisable, owing to the possibility of change. 

Amendment No. 3 deletes Section 4 of Article IV and substitutes 
therefor Section 4 of Exhibit A of Office Memorandum No. 228. 

Amendment No. 4 inserts a new Section 9 in Article IV which is 
merely a revision of the old Section 4 (deleted by Amendment No. 3) 
in order that it shall refer to the equivalent provisions as renum- 
bered by these amendments. 

Amendment No. 5 establishes a new article to be known as Article 
IV-A, Trade Practice Provisions — Price Cutting, which is Sec- 
tion 1 (a) of Exhibit B of Office Memorandum No. 228 with a minor 
modification. 

Amendment No. 6 deletes Section 2 of Article V and substitutes 
therefor a new Section 2, the purpose of which is to clarify the 
existing provision because of complaints made in regard to same. 

(315) 



316 

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) 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 
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, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Carbon Dioxide Institute was and is an industrial asso- 
ciation truly representative of the aforesaid Industry and that said 
association imposed and imposes no inequitable restrictions on 
admission to membership therein and has applied for these 
amendments. 

(d) These amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) These 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, 

Admvinistrator. 
August 16, 1934. 



AMENDMENT TO SUPPLEMENTAKY CODE OF FAIR COM- 
PETITION FOR THE CARBON DIOXIDE INDUSTRY 

A DIVISION OF THE CHEMICAL MANUFACTTJKING INDUSTRY 

Amendment 1. Delete Section 4 of Article III and substitute 
therefor the following: 

" Section 4 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 : 

"(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. 

" 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 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." 

Amendment 2. Delete Sections 1, 2 and 3 of Article IV, and 
substitute therefor the following : Sections 1, 2 and 3. 

" Section 1. Each member of the Industry shall file with a con- 
fidential and disinterested agent of the Code Authority, identified 
lists of all of his prices, discounts, rebates, allowances, and all other 

(317) 



318 

terms or condition 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 products 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. The provisions of Section 1 of Article IV of 
the Supplementary Code approved May 4, 1934 which obligated 
members of the Industry to file initial price lists with the Code 
Authority within 15 days after the effective date of this Code is not 
changed insofar as the time for filing the initial price lists is con- 
cerned. 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 simultaneously distributed to all mem- 
bers 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 aforesaid; provided, that prices filed in the 
first instance shall be released in accordance with Section 1 of Article 
IV of the Supplementary Code approved May 4, 1934. 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 ex- 
cept upon written consent of the Administrator. Upon request the 
Code Authority shall furnish to the Administrator or any duly desig- 
nated 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 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 and/or services of the Industry, for which price terms 
have been filed pursuant to the provisions of this article, except in 
accordance Avith such price terms." 

Amendment 3. Delete Section 4 of Article IV and substitute there- 
for a new Section as follows : 

" 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 free 
and open market which is the purpose of this article to create." 

Amendment 4. Substitute for Section 4 of Article IV which has 
been deleted by Amendment 3 the following revision of old Section 4, 
to be designated as Section 9 of Article IV : 

" Section 9. Contractual Relationship with Jobbers and/or Dis- 
tributors : Every member of the Industry shall enter into a written 
agreement with his jobbers and/or distributors within the Metropoli- 



319 

tan areas of plant and/or warehouse cities whereby such jobbers 
and/or distributors a^ree to file price schedules in accordance with 
Section 1 of Article IV of this Code (as amended) and to abide by 
Sections 2, 3, 4, 5, 7, 8 and 9 of Article IV (as amended) and Article 
IV-A and Sections 2 (a) and 2 (b) of Article V (as amended) and 
Section 2 of Article VI. The Code Authority shall require each 
member of the Industry to file a copy of each agreement which he 
may make with a jobber and/or distributor." ^ 

Amendment 5. Insert a new article to be Article IV-A, Trade 
Practice Provisions — ^Price Cutting, to read as follows: 

" Wilfully destructive price cutting is an unfair method of com- 
petition and is forbidden. Any member of the Industry or of any 
other industr}^ or the customers of either may at any time complain 
to the Code Authority that any filed price constitutes unfair competi- 
tion as destructive price cutting, imperiling small enterprise or tend- 
ing 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 answ^er 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 
National Recovery Administration which shall render a report and 
recommendation thereon to the Administrator. 

Amendment 6. Delete Section 2 of Article V, Misuse of Containers, 
and substitute therefor the following : 

" Section 2. Misuse of Containers. 

"(a) To fill with, or use in the transportation of. Solid Carbon 
Dioxide any container without permission of the owner of said 
container, shall be an unfair trade practice. 

"(b) To fill with Solid Carbon Dioxide any apparatus which does 
not have the official approval that is or may be required by any 
Federal, State, Municipal and other Governmental agencies or 
departments, shall be an unfair trade practice." 

Approved Code No. 275B — Amendment No. 1. 
Registry No. 69&-20. 



■ See paragraph 2 of Order approving this Amendment. 



Approved Code No. 118 — Amendment No, 5 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON GARMENT INDUSTRY 

As Approved on August 16, 1934 



ORDER 



Amendment to the Code of Fair Competition for the Cotton 

Garment Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of amend- 
ments to a Code of Fair Competition for the Cotton Garment In- 
dustry, and hearings having been duly held thereon, and the an- 
nexed report on said amendments, containing findings with respect 
thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise, do hereby incorporate, by reference, said 
annexed report, and do find that 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 except as hereinafter pro- 
vided said amendments be and they are hereby approved, and that 
the previous approval of said Code is hereby modified to include 
an approval of said Code in its entirety as amended; 

PROVIDED, HOWEVER, that the approval of the amendment 
granted hereby does not extend to Section 32 of Schedule E cover- 
ing the Washable Service Apparel Industry; it is 

FURTHER ORDERED that said amendments shall become effec- 
tive as part of the Code ten (10) days after the date hereof. 

Hugh S. Johnson, 
Administrator for Indibstrial Recovery. 

Approval recommended: 

William P. Farnswoeth, 

Acting Division Administrator. 

Washington, D.C, 

August 16, 19S4. 

(321) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Public Hearing on amendments to the Code of Fair Com- 
petition for the Cotton Garment Industry as proposed by the Code 
Authority for this Industry was conducted on Tuesday, May 22, 1934, 
in the Sun Parlor, Washington Hotel, Washington, D.C. 

Every person who requested an appearance was fairly heard in 
accordance with the requirements of the National Recoverj'^ Admin- 
istration. Present were authorized representatives of the Code Au- 
thority for this Industry, representatives of each of the Sub-Divi- 
sional Trade Associations, representatives of the National Retail Dry 
Goods Association and representative members of the Industry. 

The Amendments are drafted as a new Article XIX of the Code 
of Fair Competition and completes the Code inasmuch as up to this 
time the Cotton Garment Code has had no Fair Trade Practices. 

The Deputy Administrator in his final report to me on said amend- 
ment to said Code having found has 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 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 un- 
employment, by improving standards of labor, and by otherwise re- 
habilitating 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 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. 

(322) 



323 

(e) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
amendment. 

For these reasons these trade practice provisions have been ap- 
proved. 

Respectfully, 

Hugh S. Johnson, 

AdTTiinistrator. 
August 16, 1934. 



HiVMw — ;:4 1 1 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COTTON GARMENT INDUSTRY 

The Code of Fair Competition for the Cotton Garment Industry- 
approved November 17, 1933, as amended, is hereby further amended 
by adding thereto a new article to be known as Article XIX, to read 
as follows: 

Article XIX 

Section 1. To further remove obstruction to the free flow in 
industry and commerce in the Cotton Garment Industry and the 
subdivisional industries thereof, to eliminate unfair competitive 
practices, to improve standards of labor, to rehabilitate the industry 
and more fully effectuate the policy of Title I of the National 
Industrial Recovery Act, the following shall constitute fair trade 
practices under the Code : 

Section 2. Nothing in this Article with respect to fair trade prac- 
tices shall be construed for any purpose or under any circumstance 
as superseding the provisions of this Code as amended, but it shall 
be construed as supplemental to this Code as amended and any pro- 
vision of this Article made a part hereof, found to be in conflict with 
any of the provisions of this Code as amended shall be null and void. 

Section 3. The respective trade associations for the industry shall 
be the agencies to cooperate with the Code Authority and the Ad- 
ministrator in the administration of this Article, provided, however, 
that: 

(a) The Code Authority under such Rules and Regulations as 
may be approved by the Administrator may assign to the trade 
associations the general supervision, subject to review by the Code 
Authority, of the administration of this Article, or any part thereof. 

(b) The Code Authority immediately upon the approval of this 
Article shall notify the respective trade associations of the sub- 
divisional industries affected and each such association may file with 
the Code Authority an application that such subdivisional trade 
association be set up as the administrative agency with respect to the 
administration of this Article, or any part thereof. 

(c) Any trade association approved both by the Code Authority 
and the Administrator under the Code is an agency in the admin- 
istration of the provisions of this Article and at all times shall be 
bound by the Rules and Regulations of the Code Authority, or the 
Administrator. No act of any association in the conduct of its duties 
shall violate any of the provisions of this Code. 

(d) Any act of any trade association to Avhich there shall have 
been assigned by the Code Authority any power, duty, or function 
under the provisions of this Article, shall be at all times subject to 
review and disapproval by the Code Authority and the Admin- 
istrator, and nothing herein shall be construed as granting to any 
trade association any power or authority except that specifically 

(324) 



325 

assigned by the Code Authority, nor shall any provision herein be 
construed to relieve the Code Authority of its ultimate responsibility 
for the proper administration of the Code. 

Section 4. The Code Authority may disburse to any trade associa- 
tion, approved as an aid in the administration of this Article, from 
its funds such amounts as from time to time inay be necessary and 
proper to defray the expenses of such association in the administra- 
tion of, and compliance with this Article. 

Section 5. Inaccurate Advertising. — No member of the industry 
shall publish advertising (whether printed, radio, display or of any 
other nature), which is misleading or inaccurate in any material 
particular, nor shall any member in any way misrepresoit any goods 
(including but without limitation its use, trade-mark, grade, quality, 
quantity, origin, size, substance, character, nature, finish, niaterial 
content or preparation), or credit terms, values, policies, services, or 
the nature or form of the business conducted. 

Section 6. 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. 

Section. 7. Inaccurate Labeling. — No member of the industry shall 
sell, brand, mark or pack any goods in any manner which is in- 
tended to or does deceive or mislead purchasers with respect to the 
prices, brand, grade, quality, quantity, origin, size, substance, char- 
acter, nature, hnish, material content or preparation of such goods. 

Seci^ion 8. Defamation. — No member of the industry shall defame 
a competitor by falsely imputing to him dishonorable conduct, in- 
ability to perform contracts, questionable credit standing, or by 
other false representation, or by falsely disparaging the grade or 
quality of his goods. 

Section 9. 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 competitors 
or intimidating their customers. 

Section 10. Bribing Ein'ployees. — 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, princi- 
pal 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 brib- 
ery as hereinabove defined. 

Section 11. Inducing Breach of Existing Contracts. — No member 
of the industry shall wilfully induce or attempt to induce the breach 
of existing contracts between competitors and their customers by any 
means, or interfere with or obstruct the performance of any"^ such 
contractual duties or services by any means, with the purpose and 
effect of hampering, injuring or embarrassing competitors in their 
business. 

Section 12. Consignment. — No member of the industry shall ship 
or sell goods on open order subject to consignment, or by sales 
agencies, or by any other method which has the effect of selling on 



326 

consignment or memorandum guaranteeing retail or wholesale turn- 
over. 

Section 13. Keeping of Records. — All members of the industry 
and all agencies thereof shall be required to keep a substantial 
record of all transactions. 

Section 14. Arl)it7'ation. — Any question or dispute which may 
arise between or among any persons, or between or among any of 
them and other persons, firms, or corporations, for the settlement 
of which provision has not or shall not have been made in this Code 
may be submitted to arbitration to or under the auspices of any 
institution of recognized standing having adequate facilities for the 
conduct of such arbitration; provided all parties involved agree to 
such method of arbitration, and the decisions of such arbitration 
shall be final and binding upon all parties. 

Section 15. Coimnission on Contractors. — The Administrator shall 
forthwith appoint a commission of three persons, one of whom shall 
represent labor and shall be nominated by the Labor Advisory 
Board of NE-A, one of whom shall represent the manufacturers and 
one the contractors, to investigate all industries engaged in the dis- 
tribution of work to contractors. The commission shall study and 
investigate the conditions within the industry in order to determine 
what shall be a fair compensation to be paid by the manufacturers to 
contractors, and the entire question of the relationship between man- 
ufacturer and contractor. The commission shall study the above 
pientioned subject and report thereon to the Administrator within 
three months after the approval of x4.rticle XIX of this Code. Upon 
receipt of the report, the Administrator may hold hearings to con- 
sider such report. The decision rendered by the Administrator as 
a result of the said hearing shall be effective as of the date approved 
by the Administrator. The expenses of the said commission shall be 
paid by the Code Authority, pro rated among such subdivisional 
industries as affected by this Section. 

Section 16. Standards. — The Fair Trade Practice Complaints 
Committee hereafter to be set up in accordance with NRA Bulletin 
No. 7 entitled " Manual for the Adjustment of Complaints " may set 
up an agency to work in conjunction with the Bureau of Standards 
of the United States Government to promulgate regulations to pre- 
vent misrepresentation and submit to the Code Authority for sub- 
mission to the Administrator for his approval a set of standards, 
which, upon their approval, shall become part of this Code and vio- 
lations will be subject to the penalties of the Act. 

Section 17. Returned Goods. — No merchandise purchased and 
shipped in good faith and in accordance with the buyer's specifica- 
tions within the specified time shall be permitted to be returned to 
the seller after ten days after its receipt by the purchaser, except on 
account of clerical or delivery error or faulty merchandise. This 
Section shall be construed as supplementary to special provisions 
in the schedule for subdivisional industries hereinafter set forth. 

Section 18. Advertising Allowances. — No member of the industry 
shall giA''e any advertising allowance to a customer in excess of fifty 
per cent of the cost of said advertising for the purpose of promoting 
the resale of products of said member. Nor shall any member of the 
industry give any advertising allowance to any customer for the pur- 



327 

pose of promoting the resale of said member's products below the 
price at which said member has sold his products to the customer. 
This shall not be construed to prohibit the giving of display matter. 
No member of the industry shall give any advertising allowance to 
a customer for any advertising which is intended to promote the 
resale of any products of any person other than that of said member 
of the industry. 

This provision shall not apply to the Oiled Cotton Garment 
Industry. 

Section 19. Rebates. — No rebate, bonus, excess discount, freight, 
or other allowance shall be allowed unless the same are made avail- 
able to all customers under like terms and conditions. 

This provision shall not apply to the Nurses', Maids' and Women's 
Apron and Uniform Manufacturing Industry. 

Section 20. Eliinination of Gut., Make and THm. — No manufac- 
turer or contractor shall make products of his subdivisional industry 
from fabrics and/or other materials owned or supplied by a jobber, a 
retail distributor, or the agent, representative, or corporate sub- 
sidiary or affiliate of any such retail distributor ; nor shall he manu- 
facture such products from fabrics and/or other materials, the pur- 
chase of which is made upon the credit of, or payment for which 
is guaranteed by, such retail distributor or agent, representative 
or corporate subsidiary or affiliate of such retail distributor. 

The provisions of this Section shall apply only to : 

The Men's and Boys' Shirt and Blouse Industry except work 
shirts with the exception of shirt makers making shirts to measure 
for retailers' custom shirt departments. 

The Men's and Boys' Pajama and Night Shirt Industry. 

The Sheep Lined and Leather Garment Industry. 

The Cotton Undergarment and Sleeping Garment Industry. 

The Work Shirt Manufacturing Industry. 

The Work Clothes Manufacturing Industry. 

Section 21. Ship^neiit of Prison Made Goods. — No memlier of the 
industry shall ship any merchandise or goods manufactured by 
prison labor into any State where the sale of said goods is prohibited 
or restricted by State law, and in the event that State laws shall 
require other conditions such as branding, then the same member of 
the industry shall conform with all of the local requirements of .he 
particular State. 

The violation of any of the provisions of schedules hereinafter 
set forth by any member of the subdivisional industry affected shall 
constitute an unfair trade practice, and shall be deemed to be a vio- 
lation of this code. It shall also be an unfair trade practice and a 
violation of this code to enter into any agreemenf, arrangement or 
understanding, the result of which shall be to avoid or violate any 
provisions of this code, or to employ any subterfuge whatsoever to 
avoid, evade or circumvent any provisions hereof. 

Schedule A 

men's and boys' shirt and blotise industry except work shirts 

Section 22. Terms. — No terms of sale shall be in excess of 3/lQ 
days E.O.M., or 2/10-60 extra. No extra dating shall be allowed, 



328 

nor shall any other subterfuge or change in these terms be used, 
except that merchandise shipped on or after the 25th of any month 
may be dated as of the first of the following month. In no case 
shall anticipation of payment exceed 6 per cent per annum. 

Section 23. Misrepresentation and Irregulars. — (a) Manufactur- 
ers shall not designate material on any shirts unless it represents 
a major portion of the fabric of such shirt. 

(b) Manufacturers shall place on shirts not of first quality such 
marking as may be directed by the Code Authority under general 
rules and regulations applicable to all manufacturers, indicating 
such shirts as " irregulars " in indelible ink on the center of the 
neckband of the shirts where it may be seen by purchaser. Sucli 
stamping shall be plainly legible. 

Schedule B 
men's and boys' pa jam a and night shirt industry 

Section 24. Terms. — No member of this subdivisional industry 
shall give terms of sale in excess of 2/10-60 extra, or 3/10 E.O.M., 
in which latter case delivery made after the 25th of any month may 
be dated as of the first of the following month. 

Sec. 25. No member of this subdivisional industry shall affix to 
any of his products inaccurate, fictitious or misleading resale prices. 

Schedule C 
oiled cotton garment industry 

Sec. 26. Terms. — No member of this subdivisional industry shall 
grant terms in excess of 2/10 E.O.M. 

Sec. 27. No member of this subdivisional industry shall give 
customers' labels of any kind free of charge. 

Schedule D 
the union-made garment industry 

Sec. 28. Terms. — (a) No member of this subdivisional industry 
shall grant terms in excess of net 30 days, or 10 prox. from date of 
shipment; no extra dating. 

(b) Orders for seasonal merchandise may be shipped prior to 
shipping date and invoice may be dated as of the shipping date speci- 
fied on the order. Seasonal merchandise consists of light garments 
for Spring and heavy garments for the Fall. In no case shall ship- 
ment be made prior to 30 days in advance of shipping date. 

Section 29. All " seconds " and imperfect garments shall be identi- 
fied as such by stamping legibly and indelibly the word " second " 
on the ticket and the white pocket, or if the garment has no white 
pocket, stamping shall be done on some other conspicuous place. 

Section 30. Returned Goods, (a). No member of this subdivisional 
industry shall accept returned goods of any stock in exchange for 
new stock. 

(b) The return of used merchandise because of weak fabrics and 
materials and/or faulty construction will be permissible, but no gar- 



329 

ment shall be accepted in return if it has been destroyed or mutilated 
maliciously or damaged by acids, chemicals, oils and grease, or dam- 
aged through tears, snags, or rips, result of carelessness or damaged 
by rotting or mildew or damaged by improper washing, or if the 
garments have been worn, or if the garments are alleged to have 
shrunk, except where sold as pre-shrunk, and except for latent 
defects. 

Schedule E 

washable service apparel industry 

Section 31. Terms. — No member of this subdivisional industry 
shall grant cash discounts in excess of 2/10 e.o.m., net 60 days, or 
2/30 days, net 60 daj^s, irrespective of quantity purchases, distribu- 
tion, or extension of delivery dates. Shipments on or after the 
25th of any month of e.o.m. terms may be dated as of the first of 
the following month. 

Section 32. ForxDard Contracts. — No member of this subdivisional 
industiy shall make contracts, other than with hospitals, Federal, 
State, or municipal institutions where the delivery period exceeds 
four months from the date of such contracts. No member shall 
post-date or falsely date contracts or invoices to frustrate the pro- 
visions of this Section.^ 

Section 33. Property Marking and Labeling. — No member of this 
subdivisional industry shall mark or stamp with ink any goods for 
a linen supply customer. No member of this subdivisional industry 
shall pay for labels of any kind, for any customer. 

Schedule F 

sheep lined and leather garment industry 

Section 34. Terms. — The following are the maximum terms to 
apply to sales for men's and boys' garments in this industry : 

(a) Johhers., Mail Order Houses and Chain Store Terms. — All 
sales of merchandise in January, February and up to March 10th 
may have dating as of March 10th net 30 days. From March 11th 
to May 31st net 30 days. June 1st to August 10th may have dating 
as of August 10th net 30 days. After August 11th net thirty days: 
no dating. 

(b) Retailers Terins. — All sales of merchandise from October 1st 
of current year to May 31st of the following year not to exceed 
2% ten days e.o.m. After June 1st the terms granted may be 
2% ten days e.o.m. as of September 1st. Merchandise shipped after 
the twenty-fifth (25) day of any month may be dated as of the first 
day of the following month. 

On sales of ladies' leather garments in this subdivisional industry, 
it shall be unfair trade practice to sell at a cash discount in excess 
of eight (8%) per cent ten days e.o.m., except that merchandise 
shipped after the twenty-fifth (25th) day of any month may be 
dated as of the first day of the following month. 

No order shall be accepted without stipulating the sale price, 
terms and date of shipment. No sale shall be made by any member 



^ See paragraph 3 of order approving this Amendment. 



330 

on any other terms except those expressly set forth in the order, con- 
tract of sales, or the invoice pertaining to such sale. 

All orders for jobbers on drop shipments comprising fifty gar- 
ments or less shall bear an additional charge of five (50) cents per 
garment. 

The following sizes shall be the standard sizes of garments in 
this subdivisional industry: 

(a) Men^s and Boys'' Garments: 

1 Juvenile. Sizes 3-8 

2 Boys, Sizes 6-18 

Men's Suede Garments, Sizes 34^6 

Men's Horsehide and Sheep Lined Garments, Sizes 3i-48 

(b) Ladies'' Gartnents: 

1 Juvenile, Sizes 2-6 

2 Girls, Sizes 8-14 

3 Misses, Sizes 14-20 

4 Ladies, Sizes 34-42 

It shall be an unfair trade practice to sell garments of sizes larger 
than the standard sizes hereinabove set forth at less than the addi- 
tional cost for such larger sizes. * 

Section 35, All manufacturers who let out or cause their garments 
to be made by contractors shall file with the Cotton Garment Code 
Authority the names and addresses of all such contractors. 

Section 36, All sales must be f.o,b. factory except for shipments 
within metropolitan districts from factories located within that area. 

Section 37. No member of this subdivisional industry shall give 
customers' labels of any kind free of charge. 

Schedule G 
cotton wash dress industry 

Section 38. Terms. — All members of this subdivisional industry 
shall sell merchandise on the shipping terms of f.o.b, city of manu- 
facture, or one central shipping point, whichever the manufacturer 
elects and which election shall apply to all transactions but shall 
include free delivery to any shipping or forwarding point or one 
central shipping point or store within the city in which the manu- 
facturer is located or in which the one central shipping point is 
located. In case of disputed claims on return merchandise transpor- 
tation charges shall be paid by whichever disputant loses the decision. 

Section 39, Tei^is and Discounts. — It shall be unfair trade prac- 
tice to sell merchandise at a cash discount in excess of 8 jDcrcent 10 
days e,o,m,, except that merchandise shipped after the 25th day of 
any month may be dated as of the first day of the following month. 
Anticijiation shall not be allowed at a rate in excess of 6 percent 
per annum. 

Section 40. Returned Goods. — No member of this subdivisional 
industry shall accept returned merchandise for credit under any cir- 
cumstances except in accordance with the following : 

(a) Members of this subdivisional industry may accept mer- 
chandise for credit which has been shipped by a customer within 
five working days from the date of receipt by the customer in his 
store, only for the following reasons: Errors in shipment, delay in 



331 

delivery, defective material or workmanship or any breach of con- 
tract. Members of this subdivisional industry shall not accept mer- 
chandise for credit unless accompanied by a letter or regular return 
form mailed by the customer to the manufacturer and received by 
the manufacturer prior to the arrival of the merchandise, stating 
the contents of the package, reason for the return and the date on 
which the merchandise was received. Any dispute may be subject 
to arbitration in accordance with procedure agreed upon by the 
Cotton Garment Code Authority and the National Retail Code 
Authority. 

(b) Members of this subdivisional industry shall not accept mer- 
chandise for credit shipped after the stated five working days un- 
less accompanied by a letter or regular return form mailed by the 
customer to the manufacturer wherein he states that a duplicate 
has been mailed to the Cotton Garment Code Authority, at 40 Worth 
Street, New York, N.Y., and received by the manufacturer prior to 
the arrival of the merchandise, stating the contents of the package, 
the reason for the return and the date the merchandise was received, 
and no such return shall be accepted except for breach of contract, 
or defect not discoverable on reasonable inspection. 

(c) Merchandise returned after the stated five days' period in 
areas designated by the Code Authority shall be held intact or un- 
opened by the manufacturer, subject to examination by an impartial 
representative of the Cotton Garment Code Authority, who shall 
direct the acceptance by the manufacturer or the return of the mer- 
chandise to the customer. Any appeal from the decision of the 
impartial representative shall be subject to arbitration in accordance 
with procedure agreed upon by the Code Authority of the Cotton 
Garment Industry and the National Retail Code Authority. This 
provision shall not become effective until the Code Authority shall 
have completed organization to administer the same. 

Section 41. Exchanged Merchandise. — It shall be an unfair trade 
practice for any member of this subdivisional industry to accept 
returned merchandise for the purpose of exchange. 

Section 42. Cancellations. — No member of this subdivisional in- 
dustry shall sell merchandise except under contract which shall 
provide : 

(a) That no purchase order for merchandise shall be subject to 
cancellation before the specified and agreed upon shipping date 
written on said order; 

(b) That no purchase order shall be subject to cancellation 
after the agreed upon shipping date unless cancellation is in writ- 
ing, and it permits the manufacturer three additional working days 
from the date of receipt of such cancellation to complete and ship 
any and all merchandise in work at that time ; 

(c) That if no notice of cancellation is received by the manufac- 
turer from the customer, all merchandise remaining on order shall 
be cancelled by the manufacturer two (2) weeks after the expiration 
date of order. 

Section 43. Retail Selling. — It shall be an unfair trade practice 
for those members of the Cotton Wash Dress Industry, normally 
selling to the trade for resale, to sell merchandise to anyone except 
to established and recognized wholesale or retail distributors. This 



332 

shall not prevent, however, bona fide sales by members to their own 
employees of merchandise which is for the personal use of such em- 
ployees, or to retail buyers for their own personal use at not less 
than the regular wholesale prices, provided the buyers are employed 
in the department in which the merchandise of the members of the 
industry is usually sold. 

Section 44. Payment of Labels. — No member of this subdivisional 
industry shall give customers' private labels of any kind free of 
charge. 

Schedule H 

cotton undergarment and sleeping garment manufacturing 

industry 

Section 45. Terms. — No member of this subdivisional industry 
shall grant cash discounts in excess of 8/10 e.o.m. All merchandise 
shipped from the first of the month to the 24th of the month inclu- 
sive shall be due and payable on the tenth (10th) of the following 
month. Bills for merchandise shipped on or after the twenty-fifth 
(25th) of the month will carry dating as of the first (1st) of the 
following month. There shall be no additional dating nor shall it 
be permitted to build up terms in excess of 8/10 e.o.m. 

Manufacturers of flannelettes, manufacturing goods for Fall de- 
livery, may have the privilege of granting terms for flannelette wear 
as of August 1st, 8% — 10 days e.o.m., making said invoice payable 
September 10th. 

No member of this subdivisional industry shall ship goods on terms 
other than f.o.b. point of origin or central shipping point. Mem- 
bers of this subdivisional industry may, however, make free deliveries 
within the confines of the city limits of the point of origin or central 
shipping point. 

Section 46. No bonus or other consideration other than quantity 
discount at time of invoice may be granted in consideration of a 
specific volume of business. No allowance of free goods or consid- 
eration of any other nature whatsoever other than the quantity dis- 
count referred to above may be granted in exchange for volume of 
business. 

Section 47. No member of this subdivisional industry shall ac- 
cept the return of any stock in exchange for new stock. 

Section 48. No member of this subdivisional industry shall give 
customers' labels of any kind free of charge. 

Schedule I 

WORK SHIRT MANUFACTURING INDUSTRY 

Section 49. — All merchandise shall be sold and billed f.o.b. ship- 
ping point. The term " shipping point " is defined to mean the place 
where manufacturing plant or stock room is maintained for the 
actual distribution of merchandise. In any city where a manu- 
facturer has a shipping point, it shall be optional with the manu- 
facturer whether or not there shall be charges for delivery within 
that metropolitan district. 



333 

Section 50. Termfi. — No member of this siibdivisional industry 
shall grant cash discounts in excess of 1/10 net 60 days to the 
recognized jobbing trade, mail order houses, and chain stores oper- 
ating ten or more stores, nor in excess of 2/10 net 30 days to retail- 
ers, other than those mentioned above. Anticipation for prepayment 
shall not exceed six (6%) per cent per annum. 

Section 51. No member of this subdivisional industry shall give 
or accept listings. 

Section 52. No member of this subdivisional industry shall give 
or accept options. 

Schedule J 

nurses', maids', and women's apron and uniform manufacturing 

industry 

Section 53. Terms. — No member of this subdivisional industry 
shall grant cash discounts in excess of 8/10 e.o.m. 

Shipments made on or after the twenty-fifth (25th) day of anj^ 
month may be dated as of the first day of the following month. 

Section 54. No member of this subdivisional industry shall falsely 
designate as job lots merchandise which does not consist of dis- 
continued styles or seconds. 

Section 55. No member of this subdivisional industry shall pay 
to any purchaser of merchandise or purchaser's agent any commis- 
sion unless it be a regular salesman or sales organization employed 
by the manufacturer. 

Section 56. No member of this subdivisional industry shall give 
customers' labels of any kind free of charge. 

Section 57. Rebates. — No rebate, bonus, or excess discount shall be 
allowed. 

Schedule K 

WORK clothes manufacturing industry 

Section 58. Terms. — No member of this subdivisional industry 
shall grant cash discounts in excess of net 30 days. 

Section 59. All merchandise shall be shipped f.o.b. factory. 

Section 60. Standard sizes on open stock for this subdivision 
shall be as follows: 

1. Youths' sizes shall not exceed age 16 (or size 34) on all gar- 
ments except shirts. Shirt sizes shall not exceed size 141/2- 

2. Men's extra sizes shall begin Avith : Waist 44 for overalls, pants, 
and breeches. Size 48 for coats, combination suits, blazers, wind- 
breakers, vests and other similar garments. Size 171/2 for shirts. 

3. It shall be an unfair trade practice to sell garments of sizes 
larger than the standard sizes hereinabove set forth at less than 
cost for such larger sizes. 

Approved Code No. 118— Amendment No. 5. 
Registry No. 217-1-06. 



Approved Code No. 186 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

END GRAIN STRIP WOOD BLOCK INDUSTRY 

As Approved on August 16, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
End Grain Strip Wood Block Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a modification 
to the Code of Fair Competition for the End Grain Strip Wood 
Block Industry, 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 incorporate, by 
reference, said annexed report and do find that said modification 
and the Code as constituted after being modified comply in ail 
respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and do hereby order that 
said moclification 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: 
C. E. Adams, 

Division Administrator. 

Washington, D.C, 

August 16, 1931t. 

(335) 



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 End Grain Strip Wood Block Industry, which 
has been submitted in accordance with Executive Order No. 6678. 

This modification enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of the 
code and to maintain the standards of fair competition established 
by this code. It also enables the Code Authority to submit an item- 
ized budget, and an equitable basis upon which the funds necessary 
to support such budget shall be contributed by the members of the 
industry. Such contributions are made mandatory by this 
modification. 

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 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 industries, by avoiding undue restriction of production 
(except as may be temporarily required), by increasing the consump- 
tion of industrial and agricultural products through increasing pur- 
chasing power, by inducing and relieving unemployment, by improv- 
ing 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 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 amendment 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. 

(336) 



337 

■ (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 this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 16, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE END GRAIN STRIP WOOD BLOCK INDUSTRY 

Article VI, Section 10, Subsection (f) is modified to read as 
follows : 

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 members of the 
industry ; 

(c) After such budget and basis of contribution has 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 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 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 an}^ obligation 
substantially in excess of the amount thereof as estimated in its ap- 
proved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Admin- 
istrator; 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. 186 — Amendment No. 1. 
Registry No. 320-1-01. 

(338) 



Approved Code No. 287 — Amendment No. 8 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GRAPHIC ARTS INDUSTRIES 

As Approved on August 16, 1934 



ORDER 



Approving Modifications of Code of Fair Competition for the 
Graphic Arts Industries 

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 a Code of Fair Competition for the Graphic Arts Industries, and 
hearings having been duly held thereon and the annexed report on 
said modifications, 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 modifications and the Code as con- 
stituted after being modified comply in all respects with the pertinent 
provisions and will promote the policy and purposes of said Title 
of said Act, and do hereby order that said modifications be and 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 : 
George Buckley, 

Division Administrator. 

Washington, D.C, 

August 16. 19SL 

86360—34 12 (339) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the jDroposed modifications of the Code 
of Fair Competition for the Graphic Arts Industries as approved 
by you on February 17, 1934. A public hearing was held on these 
proposed modifications on Ai)ril 5, 1934, and full opportunity was 
given to all interested parties to appear. 

The proposed modifications consist of Administrative provisions, 
fair trade practice provisions, wage and hour provisions, and provi- 
sions relating to apprentices. The Administrative provisions and 
fair trade practice provisions are in the form of an Appendix to the 
Code. 

The Deputy Administrator in his final report to me on said modi- 
fications 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 modifications to said Code and the Code as modified are 
well designed to promote the policies and purjDOses 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 governmental 
sanction and supervision, by eliminating unfair competitive prac- 
tices, 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' unemploy- 
ment, by improving standards of labor, and by 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; that the group submitting this 
amendment is truly representative of the aforesaid Industry, and 
that the Association of Bank Note Companies imposes no inequitable 
restrictions on admission to membership therein. 

(c) The modifications and the Code as modified are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The modifications 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. 

(340) 



341 

(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 
modifications. 

I believe the modifications to be fair to labor, to the consumer, 
and to the industry, and for these reasons, therefore, I approve this 
amendment. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 16, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE GRAPHIC ARTS INDUSTRIES 

Amending Section 23 by adding Sub-section C, as follows. 

MECHANICAL EMPLOYEES (CONTINUED) 

C. Engaged in the Securities and Bank Note Engraving and 
Printing Industry (C-3). 

The provisions of this Sub-section 23-C shall govern all establish- 
ments engaged in the Securities and Bank Note Engraving and 
Printing Industry and shall be applicable to all of the mechanical 
employees of such establishments engaged in any of the processes or 
partial processes of that type of engraving known as bank note steel 
engraving. 

(a) Unskilled mechanical employees — minimum wages. Estab- 
lishments covered by this Sub-section 23-C shall pay unskilled me- 
chanical employees not less than 40 cents per hour, unless, on July 15, 
1929, the hourly rate for the same class of work was less than 40 
cents per hour, in which latter case establishments shall pay not 
less than such hourly rate on July 15, 1929, but in no event less than 
30 cents per hour. 

(b) Skilled mechanical employees — minimum wages. 

1. Each establishment, with the exception of (a) establishments 
which are operating under wage agreements arrived at by collective 
bargaining; and (b) establishments which are paying not less than 
the hourly wage rates which they were paying on July 15, 1929, shall, 
within thirty (30) days after this Sub-section 23-C becomes ett'ective, 
make increases in its average hourly compensation for each class of 
skilled labor on the following basis : 

Each such establishment shall increase the hourly or piecework 
rates for each class of skilled labor to a point where (including 
increases made since July 1, 1933) they are ten per cent (10%) higher 
than the rates in the. same establishment in effect on July 1, 1933 
for the same classes of skilled labor, provided, however, that no 
establishment need increase rates above those paid on July 15, 1929 
for the same class of skilled labor in the same establishment or in 
establishments producing similar work coming within the above 
clauses (a) or (b) ; and provided, further, that no establishment 
which, on July 1, 1933, was paying an average hourly wage at least 
10% higher than the average wage for the same class of skilled labor 
prevailing in other establishments in the industry need make the 
increase in rates specified in this paragraph. 

The " average wage for the same class of skilled labor prevailing 
in other establishments in the industry " shall be the average of the 
rates paid to all the employees performing any given class of skilled 
labor in such other establishments ascertained by adding the hourly 

(342) 



343 

compensation paid to all the employees performing any given class 
of skilled labor in such other establishments and dividing the total 
by the number of employees performing such class of skilled labor 
in such other establishments. 

2. Within thirty (30) days after the effective date of this Sub- 
Section 23-C any rate increases under paragraph 1 must be further 
augmented by such amounts as may be necessary to bring the average 
hourly compensation paid for each class of skilled labor in each estab- 
lishment up to ninety per cent (90%) of the average rates prevailing 
on July 1, 1933 in the industry for each class of skilled labor, pro- 
vided, however, that no establishment need increase rates above those 
j)aid on July 15, 1929 for the same class of skilled labor in the same 
establishment. 

" Prevailing " rates as used above shall mean the average of the 
rates paid to all employees in the industry performing any given 
class of skilled labor, ascertained by adding the hourly compensation 
paid to all the employees in the industry performing any given class 
of skilled labor and dividing the total by the number of employees 
performing such class of skilled labor in the industry. 

The increases provided for in this paragraph 2 shall not apply to 
employees receiving an hourly wage of $1.65 or more. However, 
in arriving at the " prevailing " rates, the wages of employees re- 
ceiving an hourly wage of more than $1.65 shall be taken into con- 
sideration but shall be taken at $1.65 per hour. 

3. In no instance shall the foregoing be applied in a manner to 
reduce the present hourly rate paid to any employee. 

4. It is hereby specifically declared that the foregoing provisions 
are intended to establish only minimum and not maximum wage 
requirements. 

(c) General Wage Provisions. — In connection with the foregoing, 
the following rules shall apply : 

1. No establishment shall pay to any skilled employee a rate lower 
than the minimum established for an unskilled mechanical employee. 

2. An employee performing more than one type of task shall be 
compensated on the basis of the rates applying to each such type 
of task for the time employed thereon. 

(d) Hours of Labor. — 1. Standard Working Hovirs. — Standard 
working hours shall be 40 hours a week for all engaged in mechan- 
ical work, including proprietors, supervisors, foremen and/or others 
for the time actually engaged in mechanical work. The work week 
in the case of each individual so employed shall be divided into not 
more than six shifts, no one of which shall be more than 8 hours 
unless overtime be paid. When necessary, overtime may be per- 
mitted; provided (1) that mechanical employees shall receive not 
less than the overtime rate (one and one-half times his hourly wage 
or piecework rate) for all work in excess of 8 hours within any 24 
hour period, and/or in excess of 40 hours in any one week, and that 
double time shall be paid for Sundays and holidays, and provided 
further, (2) that no more than 520 hours shall be worked by any 
mechanical employee in any 13 week period. 

None of the foregoing provisions shall be construed to limit the 
number of days per week or shifts per day an establishment may 
operate. 



344 

2. Maximwni hour exceptions. — (a) The maximum hours fixed 
by this Sub-Section 23-C shall not apply to employees on emer- 
gency maintenance or repair work, nor to employees in cases where 
the restriction of hours of highly skilled artistic or mechanical 
workers on continuous processes would unavoidably reduce produc- 
tion; but in such cases time and one-half shall be paid for all hours 
worked in excess of 8 hours in any one day or 40 hours in any one 
week. 

(b) A tolerance of ten per cent (10%) without overtime pay, over 
the maximum hours herein prescribed, shall be allowed in the cases 
of wash-up crews, shipping crews, material handlers, elevator opera- 
tors, and other mechanical employees whose duties have no direct 
connection with Graphic Arts processes, and a tolerance of twenty 
per cent (20%) without overtime pay, shall be allowed in the cases 
of outside delivery men, porters, engineers, firemen, janitors, watch- 
men or guards. 

(c) The maximum of six shifts per week shall not apply to engi- 
neers, firemen, janitors, watchmen, or guards. 

3. Apprentices. — Because of the widespread unemployment of 
skilled employees in this industry, no establishment shall indenture 
any new apprentices within a period of one year after the effective 
date of this Sub-Section 23-C. 



NO. 0-3 AND NO, 0-4 OF SCHEDULE A ARE STRICKEN AND REPLACED BY 

THE FOLLOWING 

SCHEDtJLE3 A 

No. C-S. Securities and Bank Note Engraving and Printing. — This Industry 
shall include all establishments engaged in the production of securities accept- 
able for listing on all stock exchanges of the country and/or steel engraved bank 
notes. 

The National Code Authority for this Industry shall be selected as follows: 
Two members shall be designated by the Association of Bank Note Companies : 
Two members shall be designated by the establishment or establishments whose 
production of steel engraved bank notes during the years 1929 to 1933, inclu- 
sive, amounted to more than fifteen per cent (15%) of the total volume of 
business of such establishment or establishments. The designation shall be 
made in each instance in accordance with a plan of election to be submitted to 
and approved by the Administrator. The term of office of each member of 
the Code Authority shall be one year and until his successor is elected. In 
the event of a deadlock among the members of the Code Authority, a fifth and 
impartial member shall be chosen by the four members provided for above or, 
failing such notice, by the Administrator. 

(345) 



Appendix of Industry No. C-'6 

SECURITIES AND BANK NOTE ENGRAVING AND PRINTING 

The provisions of this Appendix are applicable only to Industry No. C-3. 

ADMINISTRATIVE PROVISIONS 

(a) The administration of this Code for the Securities and Bank Note 
Engraving and Printing Industry shall be under the jurisdiction of the Code 
Authority for the Securities and Bank Note Engraving and Printuig Industry, 
which shall consist of four members selected as follows : Two members shall be 
designated by the Association of Bank Note Companies : Two members shall be 
designated by the establishment or establishments whose production of steel 
engraved bank notes during the years 1929 to 1933, inclusive, amounted to more 
than fifteen per cent (15%) of the total volume of business of such establish- 
ment or establishments. The designation shall be made in each instance in 
accordance with a plan of election to be submitted to and approved by the 
Administrator, The term of oflSce of each member of the Code Authority shall 
be one year and until his successor is elected. In the event of a deadlock 
among the members of the Code Authority, a fifth and impartial member shall 
be chosen by the four members provided for above or, failing such choice, by 
the Administrator. 

(b) All proceedings of the National Code Authority shall be in conformity 
with the provisions of its By-Laws and with the provisions of this Code. 

MAINTENANCE OF FAIR COMPETITION 

(c) No establishment shall use or permit the use of (a) die stamping or 
embossing, (b) photo-process work, or (c) machine engraving for script or 
other lettering in the preparation of any steel engraved security. 

(d) No establishment shall copy or permit the copying, in whole or in part, 
of any design or engxaving originated by another establishment. 

(e) No establishment shall sell or otherwise dispose of any steel engraving, 
roll or die which has been or may be used, in whole or in part, in the prepara- 
tion of any bank note or security, except that the assets of any establishment 
may be sold, in whole or in part, to another establishment or establishments 
operating under Section C-3 of this Code through merger or in furtherance 
of liquidation. 

(f) No establishment shall sell, deliver or in any other manner transfer any 
blank steel engraved borders, usable for securities, to any one under any condi- 
tions, except that this Section shall not be interpreted so as to interfere with 
contracts or commitments made prior to December 1, 1933, or to expose any 
establishments to suits for damages by its customers. Establishments having 
such commitments shall file with the Code Authority, within thirty (30) days 
from the date of approval of this Code, a list of these commitments in exist- 
ence as of December 1, 1933. 

(g) All steel engraved vignettes shall be hand line engraved without the use 
of any photo-process work. 

(h) No provisions of this Code relating to prices or terms of selling, ship- 
ping 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. 287 — Amendment No. 8. 
Registry No. 599^33. 

(346) 



Approved Code No. 347V — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

CONVEYOR AND MATERIAL PREPARATION 
EQUIPMENT MANUFACTURING INDUSTRY 

As Approved on August 18, 1934 



ORDER 



Amending the Order of Approval of the Supplementary Code of 
Fahi Competition for Conveyor and Material Preparation 
Equipment Manufacturing Industry 

A di\t:sion of the machinery and allied products industry 

Whereas, by Administrative Order dated June 19, 1934, the Sup- 
plemental Code of Fair Competition for the Conveyor and Material 
Preparation Equipment Manufacturing Subdivision of Machinery 
and Allied Products Industry was approved on certain conditions 
as stated in the Order; and 

Whereas, condition No. 2 specified that the provisions of Section 
2 of Article IX were thereby stayed for a period of sixty (60) 
days, or until such additional period as I, by my further order, 
may direct; in order that the Code Authority may submit a suitable 
plan, for determining trade-in allowances; and 

"W^iereas, insufficient time has elapsed for the adoption and sub- 
mission to the Administrator of a suitable plan for determining 
trade-in allowances by the various groups in this Subdivision: 

NOW, THEREFOEE, 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 Executive Order No. 6590-A, dated February 8, 1934, 
and otherwise; do hereby order that condition No. 2 in the order 
dated June 19, 1934, approving the Supplemental Code of Fair 
Competition for the Conveyor and Material Preparation Equipment 
Manufacturing Subdivision of Machinery and Allied Products In- 
dustry, remain and the stay be and it is hereby continued until 

(347) 



348 

such time as the condition as applying to the various groups of the 
Subdivision has been complied with by such groups, or for such 
additional period as I, by my further order, may direct. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division AdTninistrOitor. 

Washington, D.C, 

August 18^ 193Jf. 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 
Sir: Condition No, 2 in the Order approving the Code of Fair 
Competition for the Conveyor and Material Preparation Equipment 
Manufacturing Subdivision of Machinery and Allied Products Indus- 
try, approved by me on June 19, 1934, provides that the provisions 
of Article IX, Section (2), be and they are thereby stayed pending 
the adoption and submission to the Administrator of a plan to cover 
trade-in values of used equipment. This condition in the Order of 
Approval reads as follows : 

" Provided, however, that the application of the provisions 
of Article IX, Section (2) be, and it hereby is, stayed for a 
period of sixty (60) days, or such additional period as I, by my 
further order, may direct, in order that the Code Authority may 
submit a suitable plan for determining trade-in allowances." 

Satisfactory evidence that the stay should be continued has been 
submitted to me. 

The Assistant Deputy Administrator in his final report to me on 
said Amendment to said Order, having found as herein set forth 
and on the basis of the proceedings in the matter ; I find that : 

(a) The Amendment to said Order and the Order as amended and 
affecting the Supplemental Code, 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 inter- 
state and foreign commerce which tend to diminish the amount 
thereof, and will provide for the general welfare by promoting the 
organization of industry for the purpose of cooperative action among 
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 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 reduc- 
ing and relieving unemployment^ by improving standards of labor, 
and by otherwise rehabilitating industry. 

(b) The Order as amended and affecting the Code 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 Amendment to the Order and the Order as amenedd and 
affecting the Code are not designed to and will not permit monopolies 
or monopolistic practices. 

(349) 



350 ' 

(d) The Amendment to the Order and the Order as amended and 
affecting the Code 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 the approval of said 
Amendment to the Order of Approval. 

For these reasons, therefore, I have approved this Amendment. 
Respectfully, 

Hugh S. Johnson, 

AdTninistrator. 
August 18, 1934. 

Approved Code No. 347V — Amendment No. 1. 
Registry No. 1342-01. 



Approved Code No, 347S — Amendment No, 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

HOISTING ENGINE MANUFACTURING 
INDUSTRY 

As Approved on August 20, 1934 



ORDER 



Approving Amendment to Supplementary Code of Fair Competi- 
tion FOR THE Hoisting Engine Manufacturing Industry, a 
DmsiON 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 the Hoisting Engine Manufac- 
turing Subdivision of Machinery and Allied Products Industry, 
and the annexed report on said amendment, containing findings 
with respect thereto, having been made and directed to the Presi- 
dent: 

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, elated December 30, 1933, 
and otherwise, do hereby incorporate by reference, said annexed 
report and do find that said amendment and the Supplemental 
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 
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, 

August 18, 193Jf. 

(351) 



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 of Article V of the Supplemental Code of 
Fair Competition for the Hoisting Engine Manufacturing Subdivi- 
sion of Machinery and Allied Products Industry, by the Code Author- 
ity and approved by seventy-five percent of the cooperating employ- 
ers of that Subdivision. 

In order that the Code Authority for the Hoisting Engine Manu- 
facturing Subdivision of Machinery and Allied Products Industry 
may establish legal obligation making payment of approved Code 
Authority assessments for Code Administration mandatory, and that 
if such assessments are not paid within reasonable time it may insti- 
tute legal proceedings therefor, this Subdivision has submitted and 
respectfully requested approval of an amendment whereby these 
purposes may be accomplished. 

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 super- 
vision, by eliminating unfair competitive practices, by promoting 
the fullest possible utilization of the present productive capacity 
of industries, by avoiding undue restriction of production (except 
as may be temporarily required), by increasing the consumption 
of industrial and agricultural products through increasing purchas- 
ing power, by reducing and relieving unemployment, by improving 
standards of labor, and by otherwise rehabilitating industry. 

(b) 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 Hoisting Engine Manufacturers Association was and is 
a trade association truly representative of the aforesaid Subdivision 
and that said association imposed and imposes no inequitable restric- 
tions on admission to membership therein and has applied for or 
consents to this amendment. 

(352) 



353 

(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 un- 
less 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, 

Admj^nistrator. 
August 18, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE HOISTING ENGINE MANUFAC- 
TURING INDUSTRY, A DIVISION OF THE MACHINERY 
AND ALLIED PRODUCTS INDUSTRY 

The following is an Amendment to supersede section (d) of Arti- 
cle V — Administration, of the Supplemental Code of Fair Competi- 
tion for the Hoisting Engine Manufacturing Industry : 

(d) 1. It being found necessary, in order to support the adminis- 
tration of this Supplemental Code and to maintain the standards of 
fair competition established hereunder and to effectuate the policy 
of the Act, the Code Authority is authorized : 

(aa) 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 Supplemental Code. 

(bb) To submit to the Administrator for his approval, subject to 
such notice and opportunity to be heard as he may deem necesary, 
(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 employers of the 
Subdivision. 

(cc) After the budget and basis of contribution have been 
approved by the Administrator, to determine and obtain equitable 
contribution, as above set forth, by all employers of the Subdivision, 
and to that end, if necessary, to institute legal proceedings therefor 
in its own name. 

2. Each employer of the Subdivision shall pay his or its equi- 
table 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 employers of the Subdivision 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 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. 347S — Amendment No. 1. 
Registry No. 1312-04. 

(354) 



Approved Code No. 5 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COAT AND SUIT INDUSTRY 

As Approved on August 20, 1934 



ORDER 



Approving Amended Code of Fair Competition for the Coat and 

Suit 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 amended 
Code of Fair Competition for the Coat and Suit Industry, and hear- 
ing having been duly held thereon and the annexed report on said 
amended 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 amended Code complies in all respects 
with the pertinent provisions and will promote the policy and pur- 
poses of said Title of said xA.ct; and do hereby order that said 
amended Code of Fair Competition be and it is hereby approved, 
and that the previous approval of the said Code is hereby cancelled ; 

PROVIDED, however, that the operation of the provisions of 
Article VI, Section 2, Sub-section H 2 be and it is hereby stayed, 
subject to my further order. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 

William P. Farnsworth, 

Acting Division Administrator. 

Washington, D.C, 

August 20, 193J^. 

86360—34 13 (355) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: The Deputy Administrator in his final report to me on the 
Amended Code of Fair Competition for the Coat and Suit Industry- 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter : 

I find that: 

(a) The amendments to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and re- 
lieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent 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 amendments and the Code as amended 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. 

(e) Those engaged in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
Code as amended. 

(f) The Code of Fair Competition for the Coat and Suit Indus- 
try was submitted July 13, 1933, and approved by you on August 4, 
1933. It was the fifth Code to be approved. After seven months 
of operation under the original Code, both the Industry and the 
Deputy Administrator were convinced that various amendments were 
necessary both to bring the Code up to date and to provide for 
representation of the contractors located in the State of New Jersey 
on the Code Authority. The Amended Code provides that the 
Administrator or a Deputy Administrator of the State Recovery 
Administration of New Jersey shall be a member of the Coat and 
Suit Code Authority. 

(g) The Infants' and Children's Wear Group manufacture certain 
types of infants' and children's coats under the wage and hour 

(356) 



357 

provisions of the Code of Fair Competition for the Coat and Suit 
Industry. Their claim for representation on the Coat and Suit Code 
Authority was, therefore, felt to be just. However, the Coat and 
Suit Code Authority has requested that Article VI, Section 7, which 
provides for this member, be stayed until such time as the Infants' 
and Children's Wear Code Authority shall make a similar proposal 
providing for representation of the Coat and Suit Industry on the 
Infants' and Children's Wear Code Authority. 

(h) Certain members of the Industry located in the Eastern Area 
and the Western Area have complained both to the Code Authority 
and to the Administration that the differentials provided for those 
two groups with respect to New York City were insufficient, due 
mainly to the fact that they were located in markets having an 
insufficient supply of skilled workers or that because of the charac- 
teristics of the workers they were unable to attain a degree of skill 
comparable to workers available in large quantities in the City of 
New York. Hearings were held on the Amended Code April 30, 
May 2 and May 4, 1934. In the beginning, it was apparent that the 
views of the different gi'oups were widely divergent, and that sub- 
stantial agreements as a direct result of the hearings would be 
difficult. However, at a series of post-hearing conferences, the three 
groups involved managed to come to a perfect agreement on all points 
at issue, which resulted in the final draft of the Amended Code. 
The most important result of these conferences was the agreement 
reached, designated as Article IV, Section 4 of the iVmended Code, 
which provides for the appointment of a Commission of three per- 
sons, one of whom shall represent labor, to investigate all markets 
engaged in the manufacture and wholesale distribution of wearing 
apparel included in the Coat and Suit Code. The Commission is to 
study the following situations and conditions in the various localities 
and all markets : 

A. Labor conditions: Available labor supply, male and 
female; relative skill of labor in the market; method of opera- 
tion; existing labor agreements; cost of production. 

B. Availability of markets : Raw materials; finished products. 

C. Competitive irregularities. 

This Commission is to make its report to the Administrator, who 
shall, after holding such hearings as he may see fit, consider and 
determine such changes in rates and differentials between markets 
as may be indicated by the report of the Commission. 

The Code as originally approved contained no fair trade practice 
provisions. Certain fair trade practice provisions were submitted 
by the Code Authority at the hearings. After other post-hearing 
conferences in which the members of the Industry and the retailers, 
as represented by the National Retail Dry Goods Association, par- 
ticipated, final draft was submitted to the Administrator with the 
approval of both parties. These fair trade practice provisions are 
incorporated in the Amended Code under Article VIII. 

For these reasons, the Amended Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 

August 20, 1934. 



AMENDED CODE OF FAIK COMPETITION FOK THE COAT 
AND SUIT 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 Coat and Suit Industry, and shall be the 
standard of fair competition for such industry, and be binding upon 
every member thereof. 

Article II — Definitions 

1. The term " Industry " as used herein includes the manufacture 
and/or sale or distribution by manufacturer, submanufacturer, con- 
tractor, wholesaler and/or jobber of women's, misses', children's and 
infants' coats, jackets, capes, wraps, riding habits, knickers, suits, 
ensembles and skirts in whole or in part made of wool, silk (only 
when made into tailored garments), velvet, plush, or other woven or 
purchased knitted materials; and such related branches or subdi- 
visions as may from time to time be included under the provisions of 
this Code. Where a person is engaged in the manufacture and/or 
sale or distribution of such commodities as well as the manufacture 
and/or sale or distribution of other commodities not described above, 
such persons will be deemed a part of the Industry to the extent of 
that portion of their business that lies in the field herein defined. 

2. The term " Member of the Industry " includes but without 
limitation, any individual, partnership, association, corporation, 
group or other form of enterprise engaged in the Industry, either 
as an employer or on his or its own behalf. 

3. The term " Manufacturing employee " as used herein includes 
any or all persons engaged in the cutting, machine operating, hand 
sewing, pressing, basting, examining, sample making, finishing, drap- 
ing, pinning, busheling, grading, or any other hand or machine 
operation upon garments in any factory in the Industry. 

4. The term " Non-manufacturing Employee " as used herein in- 
cludes any and all persons except manufacturing employees, engaged 
in the Industry, however compensated, except a member of the 
Industry. 

5. The term " Employer " as used herein includes anyone by whom 
such emploj^ees both manufacturing and non-manufacturing are com- 
pensated or employed. 

6. The term "Act" and "Administrator " as used herein mean, 
respectively. Title I of the National Industrial Recovery Act, and 
the Administrator for Industrial Recovery. 

7. Two areas are hereby established: The Eastern Area shall in- 
clude the states of ]\Iaine, New Hampshire, Vermont, Massachusetts, 
Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, 
Delaware, Virginia and West Virginia; the Western Area shall in- 

(358) 



359 

elude all parts of the United States of America not included in the 
Eastern Area. 

Article III — Hours 

1. No manufacturing employee shall be permitted to work in 
excess of thirty-five (35) hours in any one week. No overtime for 
such employees is permitted, except that the Code Authority with 
the approval of the Administrator may grant an extension of hours 
in the bus}^ season, but in no event shall this exceed six (6) weeks 
in any one season of six (6) months. 

2. No manufacturing employee shall be permitted to work more 
than five (5) days in any one week, the working hours to be from 
8 : 30 a.m. to 4 : 30 p.m., with one hour interval for lunch. Upon 
the recommendation of the Code Authority the Administrator may 
prescribe any other seven (7) hour working period for any market. 
There shall be no more than one (1) shift of workers in any day. 
No employer shall knowingly permit any employee to work for any 
time which when added to the time spent at work for another em- 
ployer or employers in the Industry exceeds the maximum prescribed 
herein. 

3. The provisions of Paragraphs 1 and 2 of this Article shall 
apply to any employer who may do the work of a manufacturing 
emplo3^ee as defined herein. 

4. Except as hereinafter provided, no non-manufacturing employee 
shall be permitted to work in excess of forty (40) hours in any one 
(1) week, nor more than eight (8) hours in any one (1) day. Such 
hours shall not commence earlier than 8 : 00 a.m., nor end later than 
6 : 00 p.m. Certain non-manufacturing employees, such as night 
watchmen, porters, shipping clerks and clerical help, may be per- 
mitted to work overtime under such rules and regulations as the 
Code Authority shall prescribe, with the approval of the Admin- 
istrator, provided that watchmen shall not work more than 58 hours 
per week, with one day off in each 14 day period, shipping clerks and 
porters, shall not work more than 45 hours per week, nor more than 
9 hours in any one day, nor more than 6 days in any 7 day period 
and that clerical help shall not work more than 40 hours per v>^eek 
averaged over a 5 week period. 

5. The provisions of this Article shall not apply to salesmen. 

Article IV — Wages 

1. No non-manufacturing employee shall be paid in any pay period 
less than at the rate of fourteen dollars ($14.00) per week. 

2. For the Eastern Area no manufacturing employee, enumerated 
below, shall be paid less than the following minimum wage scale 
for each full week's work: 

Coat and Suit Cutter $47. 00 per week 

Samplemakers 40. 00 " 

Examiners 36. OO " " 

Drapers 29.00 " 

Begraders on skirts 32.00 " " 

Buphelmen who also do Pinning, marking and general work 

on garments 36. 00 " " 



360 

The employees in the crafts enumerated below shall work on a 
piece-rate basis. They shall receive guaranteed minimum wages, 
not less than the following : 

Jacket, Coat, Reefer and Dress Operators, Male $1.00 per hour 

Jacket, Coat, Reefer atid Dress Operators, Female . 90 " " 

Skirt Operators, Male . 90 " 

Skirt Operators, Female . 80 " " 

Piece Tailors . 90 " " 

Reefer, Jacket and Coat Finishers . 85 " " 

Jacket, Coat and Reefer Finishers' Helpers . 63 " " 

Jacket, Coat, Reefer and Dress Upper Pressers 1. 00 " " 

Jacket, Coat, Reefer and Dress Under Pressers . 90 " " 

Skirt Upper Pressers .90 " 

Skirt Under Pressers .85 " 

Skirt Rasters .60 " " 

Skirt Finishers . 60 " " 

Machine Pressers 1. 30 " " 

All manufacturers in the Eastern Area operating outside the limits 
of New York City shall operate on a scale ten (10) per cent less 
than provided herein for the Eastern Area. 

In fixing piece-work rates on garments, the same shall be com- 
puted on a basis to yield to the worker of average skill of the various 
crafts for each hour of continuous work, the following amounts : 

Jacket, Coat, Reefer and Dress Operators $1. 50 per hour 

Skirt Operators 1.40 " " 

Piece Tailors 1.30 " " 

Reefer, Jacket and Coat Finishers 1. 25 " " 

Jacket, Coat and Reefer Finishers' Helpers 1. 00 " " 

Jacket, Coat, Reefer and Dress Upper Pressers 1. 35 " " 

Jacket, Coat, Reefer and Dress Under Pressers 1. 25 " " 

Skirt Upper Pressers 1.25 " " 

Skirt Under Pressers 1.25 " " 

Skirt Rasters .80 " 

Skirt Finishers -_ . 70 " " 

Machine Pressers 1.80 " " 

For the Western Area no manufacturing employee, enumerated 
below, shall be paid less than the following minimum wage scale for 
each full week's work : 

Coat and Suit Cutters $41. 00 per week 

Semi-skilled Cutters ^ 39.00 " 

Cloth and Lining Filers 33. 00 " 

Filers 28. OO " " 

Canvas Cutters 26.00 " 

Apprentice Cutters for six months 22.00 " " 

Samplemakers 40. 00 " 

Examiners 32.50 " " 

The employees in the crafts enumerated below shall work on a 
piece-rate basis. They shall receive guaranteed minimum wages, 
not less than the following : 

Male 

Jacket, Coat, Reefer and Dress Operators $0. 85 per hour 

Skirt Operators . 75 " " 

Jacket, Coat, Reefer and Dress Upper Pressers . 85 " " 

Jacket, Coat, Reefer and Dress Under Pressers . 77 " " 

Jacket, Coat, Reefer and Dress Part Pressers . 65 " " 

Jacket, Coat and Reefer Finishers . 75 " " 

Apprentices in the above classifications for a period not ex- 
ceeding six months . 60 " " 



361 

Female 

Jacket, Coat, Reefer and Dress Operators $0. 75 per hour 

Jacket, Coat, Reefer and Dress Operators (semi-skilled) .62 

Skirt Operators . 70 

Lining Ironers • 60 

Jacket, Coat, Reefer and Dress Finishers . 63 

Jacket, Coat, Reefer Finishers' Helpers .53 

Jacket, Coat, Reefer, Skirt Buttonsewers . 53 

Apprentices in the above elassiflcations for a period not ex- 
ceeding six months • 47 

In fixing piece-work rates on garments, the same shall be computed 
on basis to yield to each worker of average skill of the various crafts 
for each hour of continuous work the following amounts : 

Male 

Jacket, Coat, Reefer and Dress Operators $1.26 per hour 

Skirt Operators 1. 15 " 

Jacket, Coat, Reefer and Dress Upper Pressers 1. 26 " " 

Jacket, Coat, Reefer and Dress Under Pressers 1. 15 " " 

Jacket, Coat, Reefer and Dress Part Pressers .92 " " 

Jacket, Coat and Reefer Finishers 1. 10 " " 

Female 

Jacket, Coat, Reefer and Dress Operators $0.95 per hour 

Jacket, Coat, Reefer and Dress Operators (semi-skilled) .88 

Skirt Operators . 90 

Lining Ironers • 82 

Jacket, Coat, Reefer and Dress Finishers . 84 

Jacket, Coat, Reefer Finishers' helpers . 70 

Jacket, Coat, Reefer Skirt Buttonsewers . 70 

The Western Area shall operate on the basis of the present exist- 
ing classifications pending the decision of the Administrator pursu- 
ant to Section 4 of this Article. 

3. Both Areas. — Compensation for employment in excess of the 
minimum wage set forth herein shall not be reduced, notwithstand- 
ing that the hours worked in such employment may be hereby 
reduced. 

4. The Administrator shall forthwith appoint a commission of 
three (3) persons, one (1) of whom shall represent labor, to investi- 
gate all markets engaged in the manufacture and wholesale distri- 
bution of wearing apparel included in the Coat and Suit Code. 
The Commission shall study the following situations and conditions 
in the various localities and all markets : 

A. Labor conditions: Available labor supply, male and fe- 
male; relative skill of labor in the market; method of opera- 
tion ; existing labor agreements ; cost of production. 

B. Availability of markets : Raw Materials ; finished products. 

C. Competitive irregularities. 

The Commission shall study all petitions and demands filed since 
the adoption of the Coat and Suit Code by particular localities and 
markets relative to wages and labor classifications. The Commission 
shall report its findings to the Administrator. Thereafter the Ad- 
ministrator shall hold such hearings as he may see fit, to consider 
and determine such changes in rates and differentials between mar- 
kets as may be indicated by the report of the Commission. The 
decision reached by the Administrator as a result of said hearings 
shall be effective as of the date approved by the Administrator, and 
shall become a part of this Code and shall supersede all provisions 
of this Code inconsistent therewith. 



362 

Akticle V — General Labor Provisions 

1. No person under the age of eighteen (18) years shall be em- 
ployed in the Industry as a manufacturing employee, and no person 
under sixteen (16) years of age shall be employed as a nonmanufac- 
turing employee. 

2. Employees shall have the right to organize and bargain collec- 
tively through representatives of their own choosing, and shall be 
free from the interference, restraint, or coercion of employers of 
labor or their agents, in the designation of such representatives or in 
self -organization or in other concerted activities for the purpose of 
collective bargaining or other mutual aid or protection. 

3. No emploj^ee and no one seeking employment shall be required 
as a condition of employment to join any company union or to refrain 
from joining, organizing, or assisting a labor organization of his own 
choosing. 

4. Employers shall comply with the maximum hours of labor, 
minimum rates of pay, and other conditions of employment approved 
or prescribed by the President. 

5. Within each state this Code shall not supersede any laws of 
such state imposing more stringent requirements regulating the age 
of employees, wages, hours of work, or health, fire, or general working 
conditions than under this Code. 

6. Employers shall not reclassify employees so as to defeat the 
purposes of the Act. 

7. 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 the Code of Fair Competition which 
may from time to time be prescribed by the Administrator. 

8. Except in accordance with the Executive Order of the Presi- 
dent, dated May 15, 1934, no home work shall be allowed and no work 
shall be done or permitted in homes or tenement houses, basements, or 
in unsanitary buildings, or in buildings unsafe on account of fire 
or dangerous to health. 

9. Every employer shall provide for the safety and health of 
employees during the hours and at the places of their employment. 

10. Standards for safety and health shall be submitted by the 
Code Authority to the Administrator within six (6) months after 
the effective date of the Code. 

11. Wherever in this Industry agreements between employers and 
employees arrived at by collective bargaining shall exist, all the 
provisions of such agreements with reference to labor standards 
not prohibited by law and not inconsistent with National Industrial 
Recovery Act shall subject to the approval of the President be 
administered as though a part of this Code, provided, however, that 
in no event shall the observance of any such provision have the 
effect of reducing any of the obligations hereunder of any member 
of the Industry. Any and all extensions, modifications of said agree- 
ments and/or future agreements between employers and employees 
arrived at by collective bargaining, after March 20, 1934, after 
approval by the President in accordance with the provisions of 
Section 7 (b) of National Industrial Recovery Act shall be admin- 
istered as though a part of this Code. 



363 

Article VI — Administration 

The administration and enforcement of this Code shall be vested 
in a Coat and Suit Code Authority. 

1. STRUCTURE OF THE CODE AUTHORITY 

A. The Code Authority shall consist of fourteen (14) members. 
The Administrator, in his discretion, may appoint not more tlian 
three (3) additional members without vote to represent the Admin- 
istrator, as he may desire. 

B. The fourteen Industry members of the Code Authority shall 
be selected by a fair method of selection, approved by the Admin- 
instrator, from each of the following Associations and areas, accord- 
ing to the following table, and each member shall hold office for 
one year from the date of his selection : 

1. American Cloak and Suit Manufacturers Association, Inc 2 members 

2. Industrial Council of Cloak, Suit and Skirt Manufacturers, Inc.*- 2 members 

3. Merchants Ladies Garment Association, Inc.* 2 members 

4. International Ladies' Garment Workers' Union 3 members 

5. Western Area Coat and Suit Council, Inc 2 members 

6. The Administrator or a Deputy Administrator of the State Re- 

covery Administration of New Jersey 1 member 

7. Infants' and Children's Coat Association 1 member 

8. Eastern Area outside of Metropolitan District of New York '^ 1 member 

C. The by-laws of the Code Authority shall provide among other 
things that the Code Authority shall elect a national director. The 
Code Authority shall also appoint a district or deputy director who 
shall be a person other than the National Director to administer the 
Code for the Metropolitan District of New York, and shall also 
appoint such other district or deputy directors for such other dis- 
tricts as the Code Authority shall determine. 

D. The Code Authority now functioning under the approved Code 
shall continue to function, pending the constitution of the new Code 
Authority as provided in this amendment. 

E. The Code Authority may by resolution request any person rep- 
resentative of any group, association or locality in the Industry to 
participate with it, but without vote, at any meeting or series of 
meetings in any of its deliberations in which such group, association 
or locality may be interested. 

F. Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall : 
(1) Impose no inequitable restrictions on membership and (2) 
Submit to the Administrator true copies of its Articles of Associa- 
tion, 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. 

1 In the event of a merger or in the event that the membership of one shaU be absorbed 
into another, the reconstituted Association shall have a representation of four (4) 
members. 

2 If an accredited organization as determined by the Administrator shall be formed by 
July 15, 19.34, such Association or organization shall be represented by one (1) member 
for the Eastern Area outside of the Metropolitan District of New York. If no such 
Association shall be formed by that date, the markets of Boston and Philadelphia shall 
select and appoint the member to the Code Authority. 



364 

G. Should a vacancy occur on the Code Authority, it shall, be filled 
in accordance herewith by the organization, group, or geographic 
subdivision formerly represented by the place on the Code Authority 
in which the vacancy occurs. 

2. POWERS AND DUTIES OF THE CODE AUTHORITY 

The Code Authority shall have the following duties and powers 
to the extent permitted by the Act. The Administrator on review 
shall have the right to veto or modify any action taken b}^ the Code 
Authority : 

A. To adopt By-Laws. It shall furnish to the Administrator true 
and correct copies of the By-Laws and all amendments thereto imme- 
diately upon their adoption, together with true and correct copies of 
all rules and regulations which may be adopted by the Code Author- 
ity, and true and correct minutes of all of its meetings, all certified 
by the Secretary of the Code Authority. 

B. To elect officers and to appoint agents and employees and to 
assign to them such duties as it may consider advisable, and to pro- 
vide rules for the selection of members of the Code Authority by the 
Industry, subject to the approval of the Administrator. 

C. Subject to such general regulations as may be issued from 
time to time by the Administrator, to administer the provisions of 
this Code. 

D. The confidential agency of the Code Authority, which shall be 
composed of the Chief Enforcement Officer of the Code Authority 
and such deputies and investigators working under his supervision 
as may be employed by the Code Authority, shall have the right to 
examine records of employers as far as necessary to ascertain whether 
they are observing the provisions of this Code and all employers shall 
submit their books and records for such examination. To require 
from time to time from members of the Industry such reports as 
it may deem necessary as to wages, hours of labor, costs of produc- 
tion, conditions of employment, number of employees and other 
matters pertinent to the purposes of this Code, and to require mem- 
bers of the Industry to submit periodical reports to it in such form 
and at such times as it may require. Information so secured shall 
be treated as confidential information by the Code Authority and 
shall be used only for the purposes of its investigations and hearings, 
reports thereon to the Administrator, and in any proceedings insti- 
tuted in the enforcement of this Code. 

E. To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities provided for 
herein, and to pay such trade associations and agencies the cost there- 
of, provided that nothing herein shall relieve the Code Authority 
of its duties or responsibilities under this Code and that such trade 
associations and agencies shall at all times be subject to and comply 
with the provisions hereof. 

F. To coordinate the administration of this Code with such other 
Codes, if any, as may be related to the Industry or any subdivision 
thereof, with a view to promoting joint and harmonious action upon 
matters of common interest. 



365 

G. To initiate, consider, and submit to the Administrator proposals 
for amendments to or modifications of this Code. 

H. 1. 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: 

(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 equi- 
table contribution as above set forth by all members of the Indus- 
try, 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, 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 paj^ 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. 

I. To make such investigations to the extent permitted by the Act, 
as to the observance of this Code as it may deem necessary and to 
receive complaints of violations of this Code and conduct hearings 
in pursuance to such investigations and complaints. 

J. To set up bureaus to aid in the administration of the wage 
provisions of this Code and for accounting, or such other purposes 
as may aid in the administration of this Code. 

K. To recommend dealing with any inequalities that may other- 
wise arise that may endanger the stability of the Industry and/or 
production and employment. 

L. To recommend to the Administrator any action or measure 
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 

» See paragraph 3 of order approving this Amendment. 



366 

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. 

M. 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 amendments 
to this Code and such other codes. 

N. 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. 

3. 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 Author- 
ity. Nor shall any member of the Code Authority, exercising rea- 
sonable 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. 

4. During the years 1924 and 1925, an unemployment insurance 
fund was established and existed in the coat and suit industry. It was 
discontinued because of the general disorganization of the Industry. 
There is every hope and expectation on the part of the employers and 
employees that through the National Industrial Recovery Act steps 
may again be taken to put into active operation an unemployment 
insurance fund. Accordingly, such fund shall be resumed as soon 
as the enforcement of uniform labor standards and general stabli- 
zation have reached a point at which the provisions for payment of 
unemployment insurance contributions can be generally enforced 
throughtout the Industry. The time when the conditions in the 
Industry shall have reached a point when such fund may be reestab- 
lished shall be determined by the Code Authority hereinbefore 
mentioned and the Administrator. When it is reestablished, it shall 
be in accordance with such provisions as shall be determined upon by 
the said Code Authority and the Administrator. 

5. A committee on Trade Education shall be constituted by the 
Code Authority to consider the status of Student Apprenticeships. 
The term " Student Apprentice " shall mean a person not heretofore 
engaged in the Industry, who has matriculated in or graduated from 
a duly accredited trade school. The Code Authority shall be empow- 
ered to make rules to govern the status of such Student Apprentices, 
subject to approval of Administrator. 

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 re- 
spects comply with the provisions of the Act, may require an appro- 
priate modification of the Code Authority. 

7. If the Administrator shall at any time determine that any action 
of the Code Authority or any agency thereof may be unfair or unjust 



367 

or contrary to the public interest, the Administrator may require 
that such action be suspended to afford an opportunity for mvesti- 
gation 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. 

8. To obtain from members of the Industry such information and 
reports as are required for the administration of the Code. In ad- 
dition to information required to be submitted to the Code Authority, 
members of the Industry subject to this Code 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 he may designate; provided that nothing in this 
Code shall relieve any member^ of the Industry of any existing obli- 
gations 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. 

9. There shall be established an Industrial Kelations Committee 
for the Industry, which shall consist of an equal number of repre- 
sentatives of emploj'^ers and employees and an impartial chairman. 
The Administrator shall appoint such impartial chairman upon the 
failure of the committee to select one by agreement. If no truly 
representative labor organization exists, the employee members of 
such board may be nominated by the Labor Advisory Board of 
the National Recovery Administration and appointed by the 
Administrator. The employer representatives shall be chosen by the 
Code Authority. Such Committee shall deal with complaints and 
disputes relating to labor in accordance with rules and regulations 
issued by the Administrator. The Industrial Relations Committee 
may establish such divisional, regional, and local industrial adjust- 
ment agencies as it may deem desirable, each of which shall be con- 
stituted in like manner as the Industrial Relations Committee. 

Article VII — Conteactors 

All members of the Industry who cause their garments to be made 
by contractors and submanufacturers shall designate the contractors 
actually required, shall confine and distribute their work equitably 
to and among them, and shall adhere to the payment of rates for 
such production in an amount sufficient to enable the contractor or 
submanufacturer to pay the employees the wages and earnings pro- 
vided for in this Code, together with an allowance for the contractor's 
overhead. 

Transactions with contractors and/or submanufacturers shall be 
on a net basis subject to no discount. No charges shall be made to 
the contractors and/or submanufacturers or against their account 
except for materials furnished. Contractors and/or submanufac- 
turers when charged will be charged for the net yardage of materials 
furnished them. 

To insure the observance of this provision, the Code Authority 
named in this Code, together with the Administrator, shall formu- 
late provisions to carry into effect the purpose and intent hereof. 



368 
Article VIII — Fair Trade Practices 

1. Uniform conditions of sale in accordance with the subsequent 
provisions hereof apply to all sales of articles under the provisions 
of this Code. It shall be deemed an unfair trade practice for persons, 
firms or corporations, engaged in the Industry, to contract to sell 
or to sell articles to anyone upon conditions other than as are pro- 
vided herein. 

All contracts shall include full details for proper identification of 
material, size, color, price and delivery specifications and other pro- 
visions as may be deemed desirable. 

When definite shipping date is specified on copy of order left in 
showroom, such date shall be extended for the number of working- 
days lost pending receipt of confirmation thereof when a confirma- 
tion is required by the buyer. 

When an order placed by a buyer requires confirmation same must 
be stated on the face of the order. 

All shipping dates are subject to strikes, lockouts, fires, and other 
circumstances beyond the control of the seller, and such shipping 
dates may by reason thereof be postponed, provided that notice of 
such strikes, lockouts, fires, and other circumstances beyond the 
control of the seller, be given the purchaser. 

Garments not shipped within the time specified in the order shall 
nevertheless remain on order until cancelled in writing and three 
working days of grace shall be granted for the completion of ship- 
ment after the receipt of such notice of cancellation. 

Any controversy or claim arising out of or relating to this contract 
or the breach thereof, may be settled by arbitration, in accordance 
with the Rules, then obtaining, of the American Arbitration Associa- 
tion, and judgment upon the award rendered may be entered in the 
highest court of the forum, state or federal, having jurisdiction; 
provided this provision for arbitration shall not have been deleted 
by the purchaser upon, or prior to, the execution of this contract 
and provided further that both parties assent to such form of 
arbitration. 

2. Terms of discount on seasonal merchandise shall be not more 
than 8%, 10 days E.O.M. (end of month), or 7/30 6/60 net 5 days 
after last due date. Anticipation shall not be allowed at a rate in 
excess of 6% per annum. 

3. No merchandise shall be sold on open order subject to return 
or on memorandum, consignment or approval, nor shall any member 
of the Industry or any representative of such member place mer- 
chandise on display in a retail store for direct sale to consumer, 
except as approved "by the Code Authority. 

4. No member of the Industry shall submit any garments to group 
showings. 

Subject to the approval of the Administration, the Code Author- 
ity shall define group showings. 

No samples shall be left at any retail or buying ofRce for compar- 
ison purposes but if a bona fide order is placed for merchandise 
selected, then upon the buyers request a sample of such merchandise 
may be left at such office. 



369 

Subject to approval of the Administration, the Code Authority 
shall determine what shall constitute a bona fide order. 

5. No member of the Industry shall pay for any advertising or 
advertisements that a retailer may run for display in connection 
with the sale of merchandise of such member of the Industry. 

It shall be deemed an unfair trade practice to accept charges for 
telegrams or long distance telephone calls from retailers. 

6. No member of the Industry shall offer or agree to make secret 
payments or allowance of refunds, rebates, commissions, credits or 
unearned discounts whether in the form of money or otherwise, or 
secretly extend to certain purchasers, or others acting in their 
behalf, special services or privileges not extended to all persons in 
the same class under like terms and conditions. 

7. No return merchandise shall be accepted for credit other than 
for defects of manufacture, delay in delivery, or for non-conformity 
with order, but in no event shall such returns be accepted unless 
made within five working days of receipt, except for defects of 
manufacture not discoverable within ten days after receipt. 

8. No member of the Industry shall give, permit to be given, or 
directly offer to give, anything of value for the purpose of influenc- 
ing or rewarding the action of any employee, agent, or representative 
of another in relation to the business of the employer of such em- 
ployee, the principal of such agent or the represented party, without 
the knowledge of such employer, principal or party. Commercial 
bribery provisions shall not be construed to prohibit free and gen- 
eral distribution of articles commonly used for advertising except 
so far as such articles are actually used for commercial bribery as 
hereinabove defined. 

9. No member of the Industry shall make garments from fabrics, 
trimmings and/or other materials owned or supplied by a retail 
distributor or the agent, representative or corporate subsidiary or 
affiliate of such retail distributor, or manufacture garments from 
fabrics, trimmings and/or other materials, the purchase of which is 
made upon the credit of, or the payment for which, is guaranteed by 
such retail distributor, or the agent, representative, corporate sub- 
sidiary or affiliate of such retail distributor, except that manufac- 
turers and/or contractors may make garments on the above basis for 
mail order firms designated as such by the National Retail Code 
Authority, Inc., provided that the mail order firm so designated 
shall designate and file with the Coat and Suit Code Authority the 
number and names of the manufacturers and/or contractors actually 
required by them for any work and shall confine and distribute such 
work equitably to and among such named manufacturers and/or 
contractors, provided further, that any mail order firm operating 
under this exception shall pay an allowance to the manufacturer 
and/or contractor for overhead and agree that if any such manufac- 
turer and/or contractor fail to adhere to the hour and wage provi- 
sions of this Code the mail order firm supplying the materials directly 
or indirectly shall be responsible for any underpayment to labor 
engae-ed in the manufacture of the merchandise for it. 



370 

No manufacturer shall deliver coats to any retailer in incomplete 
form so that the retailer may complete the garment or attach fur 
thereto. 

10. 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 con- 
cerning 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, per- 
centages or diilerentials or other uniform items of cost which are 
designed to bring about arbitrary uniformity of costs or prices. 

11. No member of the Industry shall pay any commissions to resi- 
dent buyers or retailers' representatives except to such resident buyers 
who — 

(a) File with the Coat and Suit Code Authority a list of accounts 
represented by them in which event the}^ will be recognized as 
acting only on behalf of the firms specified in said list ; 

(b) Cause the retailer to assume in a written instrument the 
obligation of the purchases made by the buyer ; 

(c) Obtain in writing from their accounts and assume in writing 
the responsibility of adjusting disputes that arise between their 
accounts and manufacturers and/or wholesalers regarding returns, 
terms, dating, etc. 

(d) Obtain in writing from the accounts which they represent 
their agreement that disputes arising between manufacturer and/or 
wholesaler on one hand and retailer and/or commission resident 
buyer on the other hand shall be adjusted through arbitration in the 
event that amicable adjustment is unsuccessful. 

(e) Become entitled to an dreceive commissions only from those 
manufacturers and/or wholesalers who agree in writing to pay such 
commissions. 

12. No member of the Industry shall advertise (whether printed 
radio, display, or any other nature) or brand, mark or pack any 
goods in any manner which is misleading. Nor shall any member of 
the Industry in any way misrepresent any goods (including, but 
without limitation, its use, trademark, quality, quantity, origin,, 
size, finish, material or serviceability) or credit terms, values, policies,, 
services, or the nature or form of the business conducted. 

13. No member of the Industry shall approach or entice employees 
of a competitor with the intent of unduly hampering, injuring, 
and/or embarrassing such competitor, in the conduct of his business, 
or secure confidential information concerning the business of a com- 
petitor by false or misleading statements or representation, by a. 
false impersonation of one in authority, bribery, or by any other 
unfair method. 

14. No member of the Industry shall replace worn furs on gar- 
ments with new furs at less than the cost of such furs and labor 
performed. 



371 

! 15. Within thirty (30) days after the effective date of this Code, 
the Code Authority shall appoint a committee, subject to the ap- 
proval of the Administrator, which shall be known as " The Design 
Kegistration Committee ", which shall have the following functions 
and powers : 

(a) All members of the Industry who so desire may file with 
the Design Registration Committee all original designs in accord- 
ance with the copyright laws. 

(b) Thereafter the Design Registration Committee shall notify 
all members of the Industry of registrations filed with it and 
wherever possible a facsimile of the design so registered shall accom- 
pany^ such notice. 

(c) Any and all disputes arising out of registration and notice 
hereinabove set forth shall be arbitrated with the consent of both 
parties by the Design and Registration Committee. 

(d) Subject to the approval of the Administrator, the Code Au- 
thority shall formulate rules and regulations pertaining to its pro- 
cedure in handling the complaints pursuant to this Article. 

Article IX — Labels 

1. All garments manufactured or distributed subject to the pro- 
visions of this Code shall bear an N.R.A. label to symbolize to 
purchasers of said garments the conditions under which they were 
manufactured, and which shall remain attached to such garments 
when placed on sale by the retail distributor. 

2. Under the powers vested in him by the Executive Order of 
October 14, 1933, and under grant of the necessary authority by 
the Administrator, the Code Authority shall have the exclusive 
right in this Industry to issue and furnish said labels to the members 
thereof, subject to such rules and regulations governing the same as 
may be prescribed by the Administrator. 

3. Each label shall bear a registration number especially assigned 
to each employer by the Code Authority and remain attached to such 
garment when sold to the retail distributors. 

4. The Code Authority may, subject to the Administrator's ap- 
proval, establish further rules and regulations and appropriate 
machinery for the issuance of labels and the inspection, examination 
and supervision of the practices of employers using such labels in 
observing the provisions of this Code, for the purpose of ascertaining 
the right of said employers to the continued use of said labels, of 
protecting and informing purchasers in relying on said labels, and 
of insuring to such individual employer that the symbolism of said 
label will be maintained by virtue of compliance with the practices 
herein contained by all other employers using said label. 

5. The charge made for such labels by the Code Authority shall 
at all times be subject to the supervision and orders of the Admin- 
istrator and shall be not more than an amount necessary to cover the 
actual reasonable cost thereof, including actual printing, distribu- 
tion and administration and supervision of the use thereof as herein- 
above set forth. 

86360—34 14 



372 
AkticliE X — Monopolies 

This Code shall not be construed or applied so as to promote or 
permit monopolies or monopolistic practices or to eliminate or op- 
press small enterprises or to discriminate against them. 

Article XI — ^Modifications 

1. This Code and all the provisions thereof are expressly made 
subject to the right of the President, in accordance with the provi- 
sions of sub-section (b) of Section 10 of the National Industrial 
Recovery Act, from time to time to cancel or modify any order, 
approval, license, rule or regulation, issued under Title I of said Act 
and specifically, but without limitation, to the right of the President 
to cancel or modify his approval of this Code or any conditions 
imposed by him upon his approval thereof. 

2. This Code, except as to provisions required by the Act, may be 
modified on the basis of experience or changes in circumstances, such 
modification to be based upon application to the Administrator and 
such notice of hearing as he shall specify and to become effective on 
approval by the President. 

Article XII — Effective Date 

This Code shall become effective on the tenth day after its approval 
by the President and shall thereupon supersede the Code of Fair 
Competition for this Industry approved by the President on August 
4, 1933. 

Approved Code 5 — Amendment No. 1. 
Registry No. 215-1-10. 



Approved Code No. 310 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FRESH WATER PEARL BUTTON MANUFACTUR- 
ING INDUSTRY 

As Approved on August 20, 1934 



ORDER 



Approving Amendments of Code of Fair Competition for the 
Fresh Water Pearl, Button 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 amendments 
to a Code of Fair Competition for the Fresh Water Pearl Button 
Manufacturing Industry, and hearings having been duly held 
thereon and the annexed report on said amendments, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise, do hereby incorporate, by reference, said 
annexed report and do find that said amendments and the Code as 
constituted after being amended comply in all respects with the 
pertinent provisions and will promote the policy and purposes of 
said Title of said Act. and do hereby order that said amendments 
be and they are hereby approved, and that the previous approval 
of said Code is hereby modified to include an approval of said Code 
in its entirety as amended; and do hereby 

FURTHER ORDER that said amendments shall become effec- 
tive as part of the Code ten (10) days after the date hereof. 

Hugh S. Johnson, 
Ad/ministrator for Industrml Recovery. 

Approval recommended : 

William P. Farnsworth, 

Acting Division Administrator. 

Washington, D.C, 

August 20, 193^. 

(373) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: The Public Hearing on amendments to the Code of Fair 
Competition for the Fresh Water Pearl Button Manufacturing In- 
dustry, approved February 28, 1934, as proposed by the Code 
Authority for this Industry was conducted on Monday, April 9, 1934, 
in the Mayflower Hotel, Washington, D. C. 

Each person who requested an appearance was fairly heard in 
public in accordance with the regulations of the National Recovery 
Administration. Present were representatives of the Code Authority 
for this Industry, and representative members of the Industry. 

Section 4 of Article IV, Wages, has been amended. Article V, 
General Labor Provisions, has been amended by the addition of a 
new Section 8. Section 12 of Article VII, Trade Practices, has 
been amended. 

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 
obstruction's 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 elimi- 
nating unfair competitive practices, by promoting the fullest possi- 
ble 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) 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 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 amendements 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. 

(374) 



375 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
amendment. 
For these reasons, these amendments have been approved. 
Kespectfully, 

Hugh S. Johnson, 

Administrator. 
August 20, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FRESH WATER PEARL BUTTON MANUFACTUR- 
ING INDUSTRY 

Article IV, Paragraph 4, is hereby amended to read as follows: 

4. No member of the Industry shall pay an employee a lesser time 
rate than is required to provide the same earnings for the hourly work 
week herein established, than was received for that class of work by 
such employee for the longer full time work week prevailing as of 
July 1, 1933. All piecework rates shall be increased above the rates of 
July 1, 1933, so that earnings based upon piecework rate for the 
full time work week herein established shall not be less than was 
received for that class of work for the longer full time work week as 
of July 1, 1933. When new types (sizes or patterns) of products are 
produced by any member of the Industry, piecework rates to be paid 
for such work shall be arrived at on an equitable basis with the rates 
prevailing in that factory. 

Any member of this Industry may change an employee's method of 
compensation from a piece rate to a time rate, or from a time rate to 
a piece rate, but in no case shall any employee be deprived of an}^ of 
the benefits received under the provisions of this Code, nor shall his 
full time weekly compensation be reduced by such change. No mem- 
ber of the Industry shall reclassify the duties or occupation of an 
employee so as to defeat the purposes of the Act or of this Code. 

Article V is hereby amended by adding thereto a paragraph num- 
bered 8, to read as follows : 

8, Any member of the Industry, either an individual owner, mem- 
ber of a partnership or corporation, performing the duties of an 
employee shall be governed by the provisions of Articles III and V 
of this Code as amended. 

Article VII, paragraph 12, is hereby amended to read as follows : 

12. No member of the Industry shall grant any term of cash dis- 
count in excess of one per cent (1%) ten days, net thirty, E.O.M., 
with not exceeding five (5) days grace. Goods shipped on or after 
the twenty-fifth of a month may be billed as of the 1st of the follow- 
ing month. Members of the Industry may accept checks, less cash 
discount, if received postmarked not later than the last day of grace. 

Approved Code No. 310 — ^Amendment No. 1. 
Eegistry No. 1009-1-02. 

(376) 



Approved Code No. 110 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HARDWOOD DISTILLATION INDUSTRY 

As Approved on August 20, 1934 



ORDER 



Approving Amendments of Code of Fair Competition for the 
Haedwood Distillation 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 Hardwood Distillation Indus- 
try, and hearings having been duly held thereon and the annexed 
report on said amendments, containing findings with respect thereto, 
having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise; do hereby incorporate, by reference, said an- 
nexed report and do find that said amendments and the Code as 
constituted after being amended comply in all respects with the per- 
tinent provisions and will promote the policy and purposes of said 
Title of said Act, and do hereby order that said amendments be and 
they are hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as amended. 

Hugh S. Johnson, 
AdTThinistrator for Industrial Recovery. 

Approval recommended : 
Geo. L. Berry, 

Division AdTninistrator. 

Washington, D.C, 

August 20, 1934. 

(377) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the proposed amendments to the Code of 
Fair Competition for the Hardwood Distillation Industry as ap- 
proved by you on November 10, 1933. A public hearing was held on 
May 23, 1934, in Washington, D. C, on several amendments including 
amendment No. 1. Amendments Nos. 2 and 3 were considered by the 
Industry through three regional meetings. Full opportunity to be 
heard was given to all interested parties. 

This report covers only one of the amendments proposed at the 
public hearing and the amendment pertaining to Forest Conserva- 
tion. The additional amendments proposed at the public hearing 
will be submitted for approval as soon as further necessary considera- 
tion can be given to same. 

The purposes and effects of the amendments are as follows : 

Amendment No. 1 enables the Code Authority to incur such reason- 
able obligations as are necessary for the administration of the Code. 
It requires that the Code Authority submit for approval of the Ad- 
ministrator an itemized budget and an equitable basis of pro-rating 
the assessments to be collected from the members of the Industry. 
Payment of an equitable contribution to the expenses of the Code 
Authority by members of the Industry is made mandatory by this 
amendment if their principal line of business is covered by this Code. 

Amendment No. 2 provides general policy for Forest Conservation 
on the part of the Code Authority for the Hardwood Distillation 
Industry in accordance with the Administration's policy as covered 
in Office Memorandum No. 212, dated May 24, 1934. 

Amendment No. 3 provides that the Code Authority shall estab- 
lish forest practice rules and regulations subject to the approval of 
the Administrator within sixty days after approval of this amend- 
ment. The Divisions of the Industry are to submit, through the 
Code Authority, to the Administrator for his approval these forest 
practice rules and regulations. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter : 

I find that : 

(a) 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 

(378) 



379 

Article IV establishes a Code Authority of nine members, consist- 
ing of eight members to be elected by the Board of Directors of the 
Industrial Alcohol Institute and one representative of the members 
of the Industry who are not members of the Institute. The repre- 
sentative of the non-members of the Industrial Alcohol Institute may 
be elected by such members by a fair method of selection subject to 
the approval of the Administrator or appointed by the Administrator 
if they fail to elect. In addition to the above, the Administrator 
may appoint not more than three Administration Members who are 
to serve on the Code Authority without vote and without expense to 
the Industry. 

Article V provides the trade practice provisions which shall apply 
to the Industrial Alcohol Industry. Some of these provisions aimed 
at correcting the destructive price competition existing in this Indus- 
try have received a great deal of consideration in order to harmonize 
them with Administration policy. 

The provisions concerning the open filing of prices are in accord 
with the Administration's policy as announced on June 7, 1934. 

Section 2 of Article V provides as follows : 

"Inasmuch as certain products of the Hardwood Distillation In- 
dustry, namely, methyl alcohol for anti-freeze, are used for identical 
anti-freeze purposes, as ethyl, isopropyl and various types of methyl 
alcohol as covered by this Code, the filing of prices on the last named 
products under this Code, and all other provisions of Article V 
hereof, are not to become effective until and unless a provision for the 
filing of prices of the above named products which are covered b}^ 
the Hardwood Distillation Industry Code, and the embodying of the 
other provisions of Article V hereof, are incorporated in that Code. 
When this is accomplished prices filed under each code shall be ex- 
changed under the same conditions as outlined above insofar as they 
aj)ply to both the above named classes of products." 

The reason for this provision is explained therein. Obviously 
the open filing of prices by the Industrial Alcohol Industry on 
products which are directly competitive with almost identical prod- 
ucts produced by the Hardwood Distillation Industry would not 
be of any aid to them in reducing or knowing about destructive 
price competition unless the open filing of prices were adopted also 
by the Hardwood Distillation Industry for the products referred 
to. For the same reason the other fair trade practices are not to 
become effective in respect to the products of the Industrial Alcohol 
Industry which are competitive with methyl alcohol sold for anti- 
freeze by the Hardwood Distillation Industry unless the other trade 
practice provisions specified in Article V are also adopted by the 
Hardwood Distillation Industry. 

The Code Authority of the Hardwood Distillation Industry has 
conferred with the Code Committee of the Industrial Alcohol In- 
dustry and they were also represented at the public hearing on the 
Code for the Industrial Alcohol Industry. It is understood that 
as soon as the Code for the Industrial Alcohol Industry is approved 
the Code Authority of the Hardwood Distillation Industry will 
consider the fair trade practice provisions of the Code for the 
Industrial Alcohol Industry with a view to taking whatever action 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE HARDWOOD DISTILLATION INDUSTRY 

Amendment 1. Delete Section 2 of Paragraph A of Article VI, 
Administration and substitute therefor the following: 

"2 (a) It being 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: 

"(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, 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 
approved by the Administrator, to determine and obtain equit- 
able 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 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 contribution), shall 
he 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. 

"(c) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget except upon approval of the Admin- 
istrator ; 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." 

Amendment 2. Change the period at the end of the first sentence 
of Article I to a comma and add the following : 

" and to conserve forest resources to bring about sustained yields 
from the forests." 

(380) 



381 

Amendment 3. Add the following as Paragraph D of Article VI : 
" D. The Code Authority shall establish forest practice rules and 
regulations subject to the approval of the Administrator. Within 
sixty (60) days after the approval of this amendment, the Divisions 
of the Industry shall submit through the Code Authority to the Ad- 
ministrator for his approval forest practice rules and regulations." 

Approved Code No. 110 — Amendment No. 2. 
Registry No. 699-03. 



1 



Approved Code No. 118 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON GARMENT INDUSTRY 

As Approved on August 21, 1934 



OEDER 



Approving Amendment to Code of Fair Competition for the 
Cotton Garment 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 Cotton Garment In- 
dustry, an opportunity to be heard having been duly afforded all 
members of said Industry and the annexed report on said amend- 
ment, containing findings with respect thereto, have 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 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 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 : 
Sol a. Rosenblatt, 

Division Administrator. 

Washington, D.C, 

August 21, 1934. 

(383) 



I 



L 



EEPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Cotton Garment Industry sub- 
mitted on May 4, 1934, a proposed amendment to the Code of Fair 
Comjjetition for the Cotton Garment Industry. The amendment 
when submitted was presented to the Legal Division of the National 
Recovery Administratioi^ and received its approval. 

As the amendment was short and simple and consistent with the 
policies of the Administration, a Public Hearing was considered not 
necessary and in lieu of the Public Hearing, Notices of Opportunity 
to be Heard were printed and distributed in the same manner as the 
Notice of Public Hearing. A specified date was set forth in such 
notice by which time objections and criticisms were to be received 
relative to the amendment. Up to and including the dates specified 
in such notice, no objections or criticisms were received. 

In its final form the amendment received the approval of the 
Industrial Advisory Board, the Labor Advisory Board, the Legal 
Division and the report of the Consumers' Advisory Board and 
Research and Planning Division of the National Recovery Adminis- 
tration. The amendment provides that the Code Authority may 
incorporate and be known as the Cotton Garment Code Authority, 
Incorporated. 

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 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 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 amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsecton (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(384) 



385 

(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, 

Administrator. 
August 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COTTON GARMENT INDUSTRY 

Article IX is amended by adding the following to be known as 
Section N. 

The Cotton Garment Code Authority may, upon submission to 
and approval by the Administrator of its proposed Certificate of 
Incorporation and By-Laws, incorporate under the laws of any State 
of the United States, or of the District of Columbia; such corpora- 
tion to be known as the Cotton Garment Code Authority, Inc. The 
powers, objects and purposes of the said Corporation shall in all 
respects be limited to the powers, objects and purposes of the Cotton 
Garment Code Authority, as provided in this Code and the existence 
of the Corporation shall be during the term of the Code. 

Approved Code No. 118 — ^Amendment No. 6. 
Registry No. 217-1-06. 

(386) 



Approved Code No, 118 — Amendment No. 7 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON GARMENT INDUSTRY 

As Approved on August 21, 1934 

BY 

PRESIDENT ROOSEVELT 



EXECUTIVE ORDER 

Approving Amendments to Code of Fair Competition tor the 
Cotton Garment Industry 

Hearings having been duly held in full compliance with the pro- 
visions of Title I of the National Industrial Recovery Act, approved 
June 16, 1933, in connection with amendments of the Code of Fair 
Competition for the Cotton Garment Industry, and the Administrator 
having rendered his report thereon together with his recommenda- 
tions and findings with respect thereto, and it appearing that the said 
amendments will promote the policy and purposes of Title I of the 
National Industrial Recovery Act: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of 
the United States, pursuant to the authority vested in me by Title I 
of the National Industrial Recovery Act, approved June 16, 1933, 
and the Code of Fair Competition for the Cotton Garment Industry, 
and otherwise, do adopt and approve the report, recommendations, 
and findings of the Administrator and do hereby order that the said 
amendments be and they are hereby approved, and that my previous 
order of approval of said Code is hereby modified to include an 
approval of said Code in its entirety as amended, such approval to 
take effect fourteen (14) days from the date hereof unless good cause 
to the contrary is shown to the Administrator prior to that time and 
I do issue a subsequent order to that effect. 

FRANKLIN D. ROOSEVELT. 

Approval recommended : 
Hugh S. Johnson, 

A dministrator. 

The White House, 

August 21, 193 Jf. 

8G360— 34 15 (387) 



LETTER OF TRANSMITTAL 

The President, 

The 'White House. 

Sir: On June 18, 1934, a public hearing was called to consider 
amendments to the Code of Fair Competition for the Dress Manu- 
facturing Industry, the Code of Fair Competition for the Men's 
Clothing Industry, and the Code of Fair Competition for the Cot- 
ton Garment Industry. These amendments to the Cotton Garment 
Code are part of the results of this hearing. 

The hearing showed no material reemployment by this Industry 
subsequent to the effective date of the Code, which contained a pro- 
vision arbitrarily fixing a work week of forty hours. The forty hour 
work week of the Cotton Garment Industry Code has resulted in 
unfair competition between members of the apparel industry under 
it and members under other apparel codes which have provisions for 
thirty-five and thirty-six hour work weeks. 

To bring about more reemployment and correct the unfair compe- 
tition existing because of the forty hour work week of the Cotton 
Garment Code, and effectuate the purposes of the Act, it is necessary 
to make a reduction to thirty-six hours, and, at the same time, make 
a proportionate increase in the pay of employees so as to maintain 
the same weekly wage rate as is provided in the Code as approved 
November 17, 1933. 

The Industry has given its assent to all of those amendments with 
the exception of the ones relating to hours, (Section A of xVrticle 
III, reducing the maximum hours to 36), and wages, (Sections A 
and B of Article IV, making the proportionate increase in the basic 
wage). Bj^ refusing to assent to the hour and wage provisions, the 
Industry has made it necessary for the amendments to be submitted 
to you for approval. 

These amendments are in five parts as follows : 

Part 1 eliminates a provision of Article II, Section (a) which 
gives the Administrator the right to hold such hearings as he may 
deem necessary in order to determine whether the definition of prod- 
ucts of the Industry may be modified or eliminated. This deleted 
provision has served its purpose and is therefore being eliminated. 

Part 2 amends Article III of the Code. Three sections (a), (b) 
and (d) having served their purpose in the Code are deleted and a 
new section (a) is added so as to provide for a 36 hour work week 
for manufacturing emploA^ees instead of a 40 hour work week in the 
Code as heretofore approved. 

Part 3 amends Article IV of the Code. Several sections hav- 
ing served their purposes in the Code are deleted and four new. 
secticms are added. New section (a) provides for a minimum wage 
of Twelve ($12.00) Dollars per week for the Southern Area and a 

(388) 



389 

minimum wage of Thirteen ($13.00) Dollars per week for the 
Northern Area. It further provides that emploj-ees shall be paid 
at least the same wage per Aveek of 36 hours as was paid for the 
week of 40 hours, and further, that piece rates shall be increased by 
not less than ten (10%) percent above the piece work rate prevailing 
as of May 1, 1934. 

New section (b) provides that in the Sheep-Lined and Leather 
Garment Industry manufacturing employees are to be paid at a 
minimum wage of Fourteen ($14.00) Dollars per week, and further 
provides a specified minima to be paid skilled workers, and that 
piece rates shall be increased by not less than ten (10%) percent over 
and above the piece work rates prevailing as of May 1, 1934, 

New section (c) provides a minimum wage to be paid learners 
employed in the Industry. 

New section (e) provides that handicapped employees may be 
employed on light work at a wage below the minimum established 
by the Code. 

Part 4 contains new provisions to be added to the Code which are 
pursuant to recent policy rulings of the Administration relative to 
destructive price cutting and cost finding. 

Part 5 is a new provision of the Code providing for an Industrial 
Committee to study all applications for exemption from provisions 
of the Code, by individual manufacturers, and to grant such exemp- 
tions subject to the disapproval by the Administrator. 

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 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 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 temporarih^ required), by increasing 
purchasing power, by reducing and relieving unemplo;fment, by im- 
proving 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 (b) of Section 10 
thereof. 

''(c) The amendments and the Code as amended 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. 



390 

"(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 these amendments are recommended for your 
approval. 

Respectfully, 

Hugh S. Johnson, 

Admmistrator. 
August 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COTTON GARMENT INDUSTRY 



Article II is hereby amended to delete therefrom the second para- 
graph of Section A, which begins Avith the words " The Products " 
and ends with the words " in this Code." 

II 

Article III is herebj^ amended bj^ deleting therefrom Sections A, 
B and D, by substituting therefor the following Section A and by 
redesignating Sections C and E as Sections B and C respectively. 

"A. On and after October 1, 1934, no manufacturing employee 
shall be permitted to work in excess of thirty-six (36) hours in any 
one week nor in excess of eight (8) hours in any one day, except as 
herein otherwise provided. The Industrial Committee, to the extent 
provided in Article XV hereof, may make such determinations of 
applications for exceptions and/or exemptions from the provisions 
of this Section as it may deem proper and necessary, subject to the 
disapproval of the Administrator as provided therein. No non- 
manufacturing employee shall be permitted to work in excess of 
forty (40) hours in any one week." 

Ill 

Article IV is hereby amended by deleting therefrom Section D, 
by redesignating Sections E, G, H, I, J, K, L and M as Sections 
D, F, G, H, I, J, K and L, respectively; and by redesignating Sec- 
tion F as Section E and amending Sections A, B, C and E as follows : 

"A. On and after October 1, 1934, except as hereinafter provided, 
no employee shall be paid at less than the rate of Twelve Dollars 
($12.00) per thirty-six (36) hour week in the Southern area, nor 
at less than the rate of Thirteen Dollars ($13.00) per thirty-six (36) 
hour week in the Northern area. Week workers and/or time work- 
ers receiving above the minimum wage prior to this amendment 
shall be paid at not less than the same wage per thirty-six (36) 
hour week that they were paid per forty (40) hour week. Piece 
rates shall be increased by not less than 10% over and above the 
piece rates prevailing as of May 1, 1934, but in no event shall piece 
workers receive less than the minimum weekly wage herein pro- 
vided." 

" B. On and after October 1, 1934, in the Sheep-Lined and Leather 
Garment Industry, no manufacturing employee shall be paid at less 
than the rate of Fourteen Dollars ($14.00) per week. No operator 
shall be paid at less than the rate of 45^ per hour; and no short 

(391) 



392 

knife cutter shall be paid at less than the rate of 75^ per hour. 
Manufacturing employees shall receive not less for thirty-six (36) 
hours than they received for forty (40) hours. Piece rates shall 
be increased by not less than 10% over and above the piece rates 
prevailing May 1, 1934." 

" C. The number of learners employed at any time in the Cotton 
Garment Industry or in a manufacturer's plant or factory shall not 
exceed ten (10%) .percent of the total number of manufacturing 
employees in said plant. A learner shall be classified as a person 
Avho has worked in this industry for a period of not more than twelve 
(12) weeks in whatsoever capacity. Learners shall be paid not less 
than the following : 

First four weeks 50% of the minimum waiie 

Second four weeks 66%% of 1 lie minimum wage 

Third four weeks 80% of the minimum wage." 

" E. A person whose earning capacity is limited because of age, 
physical or mental handicap, or other infirmity, 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 liis 
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. Eacli employer shall file monthly with the Code Au- 
thority a list of all such persons employed by him, showing the 
wages paid to and the maximum hours of work for such employee." 

IV 

Article XI is hereby amended to include Section D which shall 
read as follows : 

" D. The Standards of Fair Competition for the Industry with 
reference to pricing practices are declared to be as follows : " 

"1. (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 quoted 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 five (5) days afford an oppor- 
tunity to the member quoting the price to answer such complaint and 
shall within fourteen (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 NRA 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 int-ended that 
sound cost estimating methods should be used and that consideration 
should be given to costs in the determination of pricing policies. 



393 

"(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." 

"'2. Emergency Provisions. — (a) If the Administrator, after in- 
vestigation, 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 a stated minimum price for a specified 
product witliin the Industry for a limited period is necessary to miti- 
gate 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 a 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 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 
reconsideration or the Administrator may cause any determination 
hereunder to be reviewed or reconsidered and appropriate action 
taken." 

" 3. Cost Finding. — The Code Authority shall cause to be formu- 
lated methods of cost finding and accounting capable of use by all 
mem.bers 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 Indus- 
try shall utilize such methods to the extent found practicable. Noth- 
ing herein contained shall be construed to permit the Code Authority, 
any agent thereof, or any member of the Industry to suggest uniform 
additions, percentages of differentials or other uniform items of cost 
which are designed to bring about arbitrary uniformity of costs or 
prices." 



Article XV shall be amended as follows: 

The section presently known as Section B shall be known as Sec- 
tion C and a new section shall be inserted in said Article to be known 
as Section B as follows : 

" B. A Committee is hereby established to be known as the Indus- 
trial Committee, to be appointed by the Administrator on the nom- 
ination of the following: Three members by the Code Authority to 
represent the Industry and three members by the Labor Advisory 
Board of which one shall be without Union affiliation. The six so 
selected shall select a Chairman to be approved by the Adminis- 
trator. The powers and duties of this committee shall be as follows : 



394 

"All applications for exceptions and/or exemptions from any of 
the provisions of this Code shall be considered by the Committee 
hereby established and the Committee shall make such determina- 
tions as it may deem proper and necessary after due consideration. 

" 1. The Industrial Committee shall forward to the Administrator 
any and all of its determinations, and its reasons therefor, within 
twenty-four (24) hours of the time of such determinations, which 
shall become effective five (5) days after the date of receipt thereof 
by the Administrator, unless prior thereto disapproved by the Ad- 
ministrator, subject, however, to the further order of the Adminis- 
trator. All decisions of the Industrial Committee shall be posted at 
the office of the Cotton Garment Code Authority at a place regularly 
designated for such purpose, together with a notice that all parties 
objecting thereto may file their objections with the Administrator. 

" 2. The Industrial Committee in making determinations on any 
of the labor provisions of this Code shall be bound by the following : 

"(a) Any overtime period granted to any member of the Industry 
shall be upon the condition that time and one-half shall be paid to 
any employee who works in excess of the maximum hours permitted 
herein pursuant to the determination of the Industrial Committee. 
In cases of undue hardship created by virtue of this provision, the 
Committee may up to forty (40) hours per week grant this exception 
at the regular hourly rate. 

" 3. The Industrial Committee shall make determinations promptly 
upon receipt of exemptions and/or exceptions and shall within 
twenty-four (24) hours after decision report its findings to the mem- 
bers of the Industry making such applications." 

Approved Code No. 118 — ^Amendment No. 7. 
Registry No. 217-1-06. 



Approved Code No. 232 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MERCHANDISE WAREHOUSING TRADE 

As Approved on August 21, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Merchandise Warehousing Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Merchandise Ware- 
housing Trade, and notice of oppoi'tunity to file objections having 
been published thereon, and the annexed report on said amendment, 
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 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. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 

WlLUAM P. FaRNSWORTH, 

Acting Division Administrator. 

Washington, D.C, 

August U, 193^. 

(395) 



REPORT TO THE PRESIDENT 

The President, 

The White Bouse. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Merchandise Warehousing Trade. The amendment 
was submitted by the Code Authority for said Trade and was pub- 
lished on June 27, 1934. Opportunity to file Objections was afforded 
all interested parties, and during the period designated to permit 
such opportunity, no objections were received. 

The amendment was submitted by the Code Authority in accord- 
ance with your Order of April 14, 1934. 

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 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 ob- 
struction 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 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 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 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. 

(396) 



397 

(f) Those engaged in any 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, 

Administrator. 

August 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MERCHANDISE WAREHOUSING TRADE 

The Code of Fair Competition for the Merchandise Warehousing 
Trade shall be modified by deleting Section 3 of Article VI, and 
inserting in lieu thereof : 

"Section 3. (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 : 

(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 pur]:)oses 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 for 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 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. 

(B) 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 mem- 
bers 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 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. 

(C) The Code Authority shall neither incur nor pay any obliga- 
tion 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 defi- 
ciency item for expenditures in excess of prior budget estimates ex- 
cept those which the Administrator shall have so approved. 

Approved Code No. l32 — AmendniGiit No. 1. 
Registry No. 1715-01. 

(398) 



Approved Code No. 176 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAPER DISTRIBUTING TRADE 

AS APPROVED ON AUGUST 21, 1934 



ORDER 



Appro\ing Modification of the Code of Fair Competition for the 
Paper Distributing Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Recovery- 
Act, api^roved June 16, 1933, for approval of a modification to a 
Code of Fair Competition for the Paper Distributing Trade, 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 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 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, 

August 21, 193^. 

(399) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on a modification of the Code of Fair Com- 
petition for the Paper Distributing Trade which was approved by 
you December 23, 1933. 

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 
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 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 propose the modi- 
fication 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. 

For those reasons this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

Ad7ninistrator. 
AiKJUST 21, 1934. 

(400) 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE PAPER DISTRIBUTING TRADE 

TO BE SUBSTITUTED FOR ARTICLE IV SECTION 4 

A. 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 and the Regional Committees are authorized : 

(1) To incur guch 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 neces- 
3ary (1) an itemized budget of its estimated expenses for the fore- 
going 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- 
proved by the Administrator, to determine and obtain equitable con- 
tribution 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 con- 
tribution to the expenses of the maintenance of the Code Authority 
and the Regional committees, 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 here- 
inabove provided, unless duly exempted from making such contribu- 
tion, 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. 

C. The Code Authority and the Regional committees 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 tlie 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. 

Approved Code No. 176 — Amendment No. 1. 
Itegistry No. 40.3-3-07. 

(401) 



Approved Code No. 180 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PHOTO-ENGRAVING INDUSTRY 

As Approved on August 21, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Photo-Engraving 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 Photo-Engraving 
Industry, and hearings having been duly, held thereon and the an- 
nexed report on said amendment, containing findings with respect 
thereto, having been made and directed to the President : 

NOAV, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me bj^ Executive Orders of tne 
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 purpose of said 
Title of said Act, and do hereby order that said amendment be and 
it is hereby approved, and that the present sub-section (f) of Sec- 
tion T, Article VII, and Section 5 of Article VII be deleted ; 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 : 
George Buckley, 

D iv is ion A dmin is trat or. 

Washington, D.C, 

August 21, 193 If. 

86360—34 16 (403) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the proposed amendment to the Code of 
Fair Competition for the Photo-Engraving Industry as approved by 
you on December 23, 1933. The proposed amendment is to be known 
as Sub-section (f) of Article VII, Section 7. It was noticed for 
Opportunity to be Heard on June 23, 1934. No criticisms of, objec- 
tions to or suggestions concerning this amendment were submitted 
to the Administration within the time limit allowed by the Notice 
of Opportunity to be Heard, which expired on July 6, 1934. 

The amendment gives the Code Authority under the Photo- 
Engraving Code the power to collect assessments, and makes it a 
violation of the Code for an establishment to fail to pay such assess- 
ments when the budget and basis of contribution of a Code Authority 
has been approved by the Administrator. 

The proposed amendment does not in any way affect the labor 
provisions of the Photo-Engraving Code. 

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 floAv 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 
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 Photo-Engraving Code Authority was and is the highest 
governing body of the Photo-Engraving Code and truly representa- 
tive of the aforesaid industry, and has applied for this amendment. 

(d) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(404) 



405 

(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 these reasons, therefore, I approve this 
amendment. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 

August 21, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE PHOTO-ENGRAVING INDUSTRY 

The modification proposed in such application is to be known as 
Sub-section (f) of Article VII, Section 7, and is as follows: 

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, 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 b}'^ 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 
legulations 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 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. 180 — Amendment No. 1. 
Registry No. .504-1-04. 

(406) 



Approved Code No, 105 — Amendment No, 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

AUTOMOTIVE PARTS AND EQUIPMENT MANU- 
FACTURING INDUSTRY 

As Approved on August 23, 1934 



ORDER 



Appro\^ng Modification of Code of Fair Competition for the 
Automotive Parts and 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 16, 1933, for approval of a modifica- 
tion of the Code of Fair Competition for the Automotive Parts and 
Equipment Manufacturing Industry, and hearings having been duly 
held thereon and the annexed report on said modification, containing 
findings with respect thereto, having been made and directed to the 

X^rGSlQGllt ' 

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 re- 
port and do find that said modification and the Code as constituted 
after being modified 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 modifications be and it is 
hereby approved, and that the previous approval of said Code is 
liereby modified to include an approval of said Code in its entirety 
«s modified, 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
C, E. Adams, 
Division Administrator. 

Washington, D,C., 

August 23, 1931^. 

(407) 



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 Recovery Act, for a 
modification of the Code of Fair Competition for the Automotive 
Parts and Equipment Manufacturing Industry, 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 Industry. 

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 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 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 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 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 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. 

(408) 



409 

(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, 

Administrator. 

August 23, 1934. 

/ 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE AUTOMOTIVE PARTS AND EQUIPMENT MANU- 
FACTURING INDUSTRY 

To delete Paragraph B, Article VI and substitute the following 
to be known as Article VI, Paragraph B, Sections 1, 1(a), 1(b), 
1(c), 2 and 3. 

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 
Khali 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 
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 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. 105 — Amendment No. 2. 
Registry No. 1404-02. 

(410) 



Approved Code No. 179 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ELECTROTYPING AND STEREOTYPING 
INDUSTRY 

As Approved on August 23, 1934 



ORDER 



Approm:ng Amendment of Code of Fair Competition for the 
Electrotyping and Stereotyping 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 Electrotyping and 
Stereotyping 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 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 
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 present subsection (f) of 
Section 7, Article VII, and Section 5 of Article VII be deleted ; 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 : 
George Buckley, 

Div ision A dministrator. 

Washington, D.C.', 

August 23, 193Jf. 

(411) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House, 

Sir : This is a report on the proposed amendment to the Code of 
Fair Competition for the Electrotyping and Stereotyping Industry 
as approved by you on December 23, 1933. The proposed amend- 
ment is to be known as Subsection (f ) of Article VII, Section 7. It 
was noticed for Opportunity to be Heard on June 26, 1934. No 
criticisms of, objections to or suggestions concerning this amendment 
were submitted to the Administration within the time limit allowed 
by the Notice of Opportunity to be Heard, which expired on July 11, 
1934. 

The amendment gives the Code Authority under the Electrotyping 
and Stereotyping Code the power to collect assessments, and makes 
it a violation of the Code for an establishment to fail to pay such 
assessments when the budget and basis of contribution of a Code 
Authority has been approved by the Administrator. 

The proposed amendment does not in any way affect the labor 
provisions of the Electrotyping and Stereotyping 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 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 
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 per- 
tinent provision 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 Electrotyping and Stereotyping Code Authority was and 
is the highest governing body of the Electrotyping and Stereotyping 
Code and truly representative of the aforesaid industry, and has ap- 
plied for this amendment. 

(412) 



413 

(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 amendecl 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 these reasons, therefore, I approve this 
amendment. 

Kespectfully, 

Hugh S. Johnson, 

Administrator. 
August 23, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION 
FOR THE ELECTROTYPING AND STEREOTYPING 
INDUSTRY 

The modification proposed is to delete sub-section (f), Section 7,. 
Article VII, and also delete Section 5 of Article VII and to submit 
in lieu thereof the following : 

Section 5. 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 : ' 

(a) To incur such reasonable obligations as are necessary and 
proj^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 ; 

(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 
constribution 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 5-A. 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 
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 
Recoverj?^ Administration. 

Section 5-B. The Code Authority shall neither incur nor pay any 
obligation substantially in excess of the amount thereof as esti- 
mated 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. 

Approved Code No. 179 — Amendment No. 2. 
Registry No. 503-02. 

(414) 



Approved Code No. 208 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PICTURE MOULDING AND PICTURE FRAME 

INDUSTRY 

As Approved on August 23, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Picture Moulding and Picture Frame 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 a modifica- 
tion to the Code of Fair Competition for the Picture Moulding and 
Picture Frame Industry, 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 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 pur- 
poses of said Title of said Act, and do hereby order that said modifi- 
cation 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, provided, however, that Article VI, Sec- 
tion 8 be and it is hereby deleted, 

Hugh S. Johnson, 
Achmnistrafor for Industrial Recovery. 

Approval recommended : 
C. E. Adams, 

Division Administrator. 

Washington, D.C, 

August 23, 103If. 

(415) 



KEPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir : This is a report on the modification of the Code of Fair 
Competition for the Picture Moulding and Picture Frame Industry, 
which has been submitted in accordance with Executive Order No. 
6678. 

This modification enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of tlie 
code and to maintain the standards of fair competition established 
by this code. It also enables the Code Authority to submit an item- 
ized budget, and an equitable basis upon which the funds necessary 
to support such budget shall be contributed by the members of the 
industry. Such contributions are made mandatory by this modifi- 
cation. 

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 
w^ell 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 i:)rovide 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, b}' eliminating unfair competitive practices, 
by promoting the fullest possible utilization of the ])resent productive 
capacity of industries, by avoiding undue restriction of production 
(except as ma}^ be temporarily required), by increasing tlie consump- 
tion of industrial and agricultural products through increasing pur- 
chasing power, by reducing and relieving unemployment, by improv- 
ing standards of labor, and by otherwise rehabilitating industr3^ 

(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 sub- 
section (b) of Section 10 thereof. 

(c) The code empowers the Code Authority to present the afore- 
said modification on behalf of tlie 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 oper- 
ate to discriminate against them. 

(416) 



417 

(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 this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 
August 23, 1934. 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE PICTURE MOULDING AND PICTURE FRAME 
INDUSTRY 

Modify Article VI, Section 10 " Powers and Duties of the Code 
Authority", by deleting Subsections (f) and (g) and substituting 
in lieu thereof the following as Section (f), in addition therefor, all 
letters for subsequent sections will be revised accordingly: 

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 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. Failure to 
make payment thereof, after proper notice, will render a member 
of the Industry liable to appropriate legal proceedings. 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 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 obligation sub- 
stantially 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 ex- 
penditures in excess of prior budget estimates except those which 
the Administrator shall have so approved. 

Approved Code No. 208 — Amendment No. 1. 
Registry No. 1122-09. 

(418) 



Approved Code No. 60 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on August 23, 1934 



ORDER 



Approving Amendments to Code of Fair Competition tor the 

Retail Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the Nationallndustrial 
Recovery Act, approved June 16, 1933, for approval of amendments 
to the Code of Fair Competition for the Retail Trade, 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 Pres- 
ident, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise ; do hereby incorporate by reference said annexed 
report and do find that said amendments 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 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, such approval and such amendments to take effect ten 
(10) days from the date hereof, unless good cause to the contrary 
is shown to the Administrator before that tin>e and the Adminis- 
trator issues a ,subsequent order to that effect. 

Hugh S. Johnson, 
Ad'ininistrator for Industrial Recovery. 

Approval recommended : 
Robert L. Houston, 

Division A dminisfrator. 

Washington, D.C, 

August '23, 193Jk. 
8«360 — :J4 17 (419) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Hearing on the amendments to the Code of Fair Com- 
petition for the Retail Trade was held on May 4, 1934, at the May- 
flower Hotel. The amendments, which are attached, were presented 
by duly qualified and authorized representatives of the Trade, com- 
plying with statutory requirements, such representatives being the 
members of the National Retail Code Authority, Inc. 

In accordance with the customary procedure, everyone present who 
had filed a request for an appearance was freely heard in public, 
and all statutory and regulatory requirements were complied with. 

The Deputy Administrator in his final report to me on said amend- 
ments to said Code having found as herein set forth and on the basis 
of all the proceedings in this matter ; 

I find that : 

(a) The amendments to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action 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 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 Amendments and the Code as amended 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. 

(e) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to the approval of said 
Amendments. 

For these reasons I have approved said amendments to the Code 
of Fair Competition for the Retail Trade. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 23, 1934. 

(420) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RETAIL TRADE 

Article II, Section 1 shall be amended to read as follows : 
" Section 1. Retail Trade — The term ' Retail Trade ' as used herein 
shall mean all selling of merchandise to the consumer and not for 
the purposes of resale in any form, and all servicing of such mer- 
chandise normally performed in connection with retail selling, in the 
continental United States, excluding the Panama Canal Zone. It is 
provided, however, that the term shall not include the selling at re- 
tail of milk and its products, tobacco and its products, and foods and 
foodstuli's, or the dispensing of drugs, medicines, and medical sup- 
plies by a physician, dentist, surgeon or veterinarian in the legitimate 
practice of his profession; and it is further provided that the term 
shall not include any division of retail selling which is now or may 
hereafter be governed by a separate Code of Fair Competition ap- 
proved by the President of the United States or the Administrator 
for Industrial Recovery." 
Article V, Section 3 (c) shall be amended to read as follows: 
"(c) Any establishment may for a period not to exceed three (3) 
consecutive months during the year, temporarily reduce its store 
hours but no employee's weekly wages shall be reduced during such 
period on account of such reduction of store hours." 

Article V, Section 4 (a) shall be amended to read as follows: 
"(a) Professional persons, watchmen, guards and store detectives, 
outside salesmen and outside collectors — The maximum hours of 
labor prescribed in Section 1 of this Article shall not apply to pro- 
fessional persons employed and working at their profession, or to 
watchmen, guards and store detectives, outside salesmen and outside 
collectors ; but watchmen and guards shall not work more than fifty- 
six (56) hours in any one w^eek, nor more than thirteen (13) days in 
anj' fourteen (14) day period." 
Article V. Section 5 shall be amended to read as follows : 
" Section 5. Limitation upon number of persons working unre- 
stricted hours. — Notwithstanding the provisions of the foregoing 
sections of this Article, and regardless of the number of persons 
otherwise permitted to work unrestricted hours, the total number of 
workers in any establishment (whether such workers are executives, 
proprietors, partners, persons not receiving monetary wages, or 
others) who shall be permitted to work unrestricted hours shall not 
exceed the following ratio, to be computed upon the average number 
of employees during the preceding twelve (12) months: In estab- 
lishments comprised of twentj^ (20) workers or less the total number 
of workers who may work unrestricted hours (not including those 
workers specified in Sections 4 (a) and (b) of this Article) shall 
not exceed one worker for every five (5) workers or fraction thereof; 
in establishments comprised of more than twenty (20) workers the 
total number of workers who may work unrestricted hours (not 
including those workers specified in Sections 4 (a) and (b) of this 

(421) 



422 

Article) shall not exceed one worker for every five (5) workers for 
the first twenty (20) workers and shall not exceed one worker for 
every eight (8) workers above twenty (20)," 

There shall be added to Article VIII the following Section : 

" Section 3. Combination or group sales — In group offerings or 
sales of merchandise the selling price of the group shall not be less 
than the sum of the minimum selling prices of the individual items 
of the groups as determined in accordance with Article VIII, Sec- 
tions 1 and 2. 

" In group offerings or sales of merchandise, where the selling- 
price of one or more items of the group is indicated, the price indi- 
cated for each item or items, expressly or by inference, shall not be 
less than the minimum price of each item or items, as determined in 
accordance with Article VIII, Sections 1 and 2. 

" Provided, however, this Section shall not be construed to apply 
to the use of bona fide premiums as provided for in Article VIII, 
Section 2 (c) of this Code. 

" Provided, further, that this Section shall not apply to the sale 
of drugs, medicines, cosmetics, toilet preparations, drug sundries 
and/or allied items as defined in Schedule A, Section 1." 

There shall l)e added to Article IX, Section 1 the following 
sub-section : 

"(f) No retailer shall sell or offer for sale any merchandise upon 
a condition which involves a lottery, gamble, or element of chance, 
similar to what is commonly known as a ' Suit Club Plan ', provided, 
however, that this sub-section shall not apply to non-profit organi- 
zations not definitely constituted to carry on retail trade." 

Approved Code No. 60 — Ameodment No. 3. 
Registry No. 1625-2-02. 



Approved Code No. 109 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

• FOR THE 

CRUSHED STONE, SAND AND GRAVEL, AND SLAG 

INDUSTRY 

As Approved on August 24, 1934 



ORDER 



Approving Amendment jo Code of Fair Competition for the 
Crushed Stone, Sand and Gravel, and Slag Industry 

An application havino; 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 Crushed Stone, Sand 
and Gravel, and Slag Industries, 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 Orders of the 
President, 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 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, 
Administrator for Industrial Recovery. 

Approval recommended : 
C. E. Adams. 

Div is ion A dminis trator. 

Washington, D.C, 

August 2 It, 193 If. 

(423) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the amendment to the Code of Fair 
Competition for the Crushed Stone, Sand and Gravel, and Slag 
Industries as approved by you November 10, 1938, This amendment 
was submitted June 20, 1934 by the Code Authority for the Crushed 
Stone, Sand and Gravel, and Slag Industries, and a public hearing 
thereon was conducted July 17, 1934 in Washington, D.C. 

The National Crushed Stone Association, Inc., The National Sand 
and Gravel Association, Inc., The National Slag Association, the 
National Association of Portable Stone, Sand and Gravel Producers, 
and the Associated General Contractors of America, Inc., either 
participated in the hearing or join with the Code Authority in 
sponsoring the amendment. 

This amendment was proposed pursuant to Executive Order No. 
6678 dated April 14, 1934 and to my Administrative Order No. 
X-36, dated May 26, 1934. The amendment has since been revised, 
with the assent of the Code Authority, in accordance with sugges- 
tions made by the Legal Division. 

The primary purpose of the amendment is to govern the collec- 
tion of contributions for Code maintenance by the Code Authority 
of the Crushed Stone, Sand and Gravel, and Slag Industries, and 
by various administrative committees set up under the Code. This 
purpose is carried out particularly in Amendment No. 8, which will 
make unnecessary the " registered producer " as created in the ap- 
proved Code. The other nine amendments are intended to eliminate 
various references to " registered producers " and in other ways to 
make effective Amendment No. 8. 

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 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 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 

(424) 



425 

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 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 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 dminis trot or. 
August 24, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
CRUSHED STONE, SAND AND GRAVEL, AND SLAG 
INDUSTRY 

Amendment No. 1 

Article II, Section 5 is amended by striking out subsection (d) 
thereof. 

Amendment No. 2 

Article II, Section 9 is amended by striking out the word " regis- 
tered " in the second line thereof. 

Amendment No. 3 

Article VI, Section 4 is amended by striking out subsection (c) 
thereof and substituting therefor the following : 

" Voting Eligihility. — Any member of the industries as defined in 
Article II hereof, or producers in other industries that with the 
approval of the President may from time to time be governed by 
the provisions of this Code, shall be entitled to participate in and 
share the benefits of the activities of the Code Authority and of other 
committees established herein and to participate in the selection of 
members thereof by complying with the requirements of this Code." 

Amendment No. 4 

Article VI, Section 4 is amended by striking out the word " regis- 
tered " in the first line of subsection (d) thereof. 

Amendment No. 5 

Article VI, Section 4 is amended by striking out the word " regis- 
tered " in the first line of subsection (e) thereof. 

Amendment No. 6 

Article VI, Section 4 is amended by striking out the word " regis- 
tered " in the first line of subsection (f ) thereof. 

Amendment No. 7 

Article VI, Section 5, Subsection (a) is amended by substituting 
a period for the comma following the word " collected " in the third 
line of paragraph (5), and striking out the remainder of the 
paragraph. 

(426) 



427 
Amendment No. 8 

Article VI, Section 5, Subsection (a) is amended by adding the 
following thereto : 

"(11) Budget and Basis of Confrihuf/'on. — 1. It being found neces- 
sary 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 jnirposes of the Code ; 

"(b) To submit to the Administrator for his approval, subject to 
such notice and oi^portunity to be heard as he may deem necessary 
(1) an itemized budget of its estimated expenses for the foregoing 
purposes; (2) itemized budgets of the estimated expenses of regional, 
state, district and division committees for the foregoing purposes; 
(3) an equitable basis of contribution upon which the funds neces- 
sary to support the budget of the Code Authority shall be contributed 
by all members of the Industries ; and (4) equitable bases of contribu- 
tion upon which the funds necessary to support the budgets of 
regional, state, district, and division committees may be contributed 
by all members of the Industries in such regions, states, districts, and 
divisions, respectively; all such bases of contribution shall be estab- 
lished by the Code Authority. 

"(c) After such budget and bases of contribution have been 
approved by the Administrator, to determine and obtain equitable 
contribution as above set forth by all members of the Industries, and 
to that end, if necessary, to institute legal proceedings therefor in its 
own name. 

" 2. Each member of the Industries shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority and of other committees established under the Code, deter- 
mined as hereinabove provided, and subject to rules and regulations 
pertaining thereto issued by the Administrator. Only members of 
the Industries complying with the Code and contributing to the ex- 
penses of its administration as hereinabove provided, unless duly 
exempted from making such contributions, shall be entitled to par- 
ticipate in the selection of members of the Code Authorit}^ and of 
other committees established under the Code, or to receive the benefits 
of any of its voluntary activities or to make use of an}'^ emblem or 
insignia of the National Recovery Administration. 

" 3. The Code Authority and any committee established under the 
Code shall neither incur nor pay any obligation substantially in ex- 
cess 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 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." 



428 
Amendment No. 9 

Article VI, Section 6 is amended by striking out the second para- 
graph of subsection (b) thereof and substituting therefor the 
following : 

"The regional committee shall maintain the authoritative list of 
producers in each region who are compljdng with all provisions of 
the Code. The regional committee shall not continue the name of 
any producer on the list who has failed to pay his equitable contribu- 
tion as determined by the Code Authority in accordance with the 
provisions of the Code." 

Amendment No. 10 

Article VI, Section 7 is amended by striking oat subsection (b) 
thereof and substituting therefor the following: 

" PToducers. — Each producer shall be entitled to one vote, except 
as otherwise provided in this Section; provided any such producer 
who within one year prior to the effective date has sold and shipped 
the products of any or all the industries governed by this Code may 
vote individually and separately as a member of any or all such 
industries." 

Amendment No. 11 

Article VI, Section 7 is amended by striking out the word " regis- 
tered " as it appears in the sixth, eleventh, fourteenth, and in the 
twenty-ninth lines of subsection (c) thereof, and by adding the fol- 
lowing as the last sentence of this subsection : " Only those pro- 
ducers complying with the Code shall be eligible to vote." 

Amendment No. 12 

Article VI, Section 7 is amended by adding the following as the 
last sentence of subsection (d) thereof: "Only those marketers 
complying with the Code shall be eligible to vote." 

Amendment No. 13 

Article VI, Section 7 is amended by striking out the word " regis- 
tered " in the fifth line of subsection (e) thereof and by adding the 
following as the last sentence of this subsection : " Only those pro- 
ducers complying with the Code shall be eligible to vote." 

Amendment No. 14 

Article VI is amended by striking out Section 10. 

Amendment No. 15 

Article VII, Section 5 is amended by striking out the word " regis- 
tered " as it appears in the fifteenth, twenty-first, and in the twenty- 
third lines of subsection (a) thereof. 

Approved Code No. 109 — Amendment No. 1. 
Registry No. 1037-1-01. 



Approved Code No. 206 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FELDSPAR INDUSTRY 

» As Approved on August 2A, 1934 



ORDER 



ArpR()ViN({ A3iENr<:\rE>rT to Code or Fair Competition for the 
Feldspar Industry 

An application having; been dnly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recoveiy Act, approved June 16, 1933, for the approval of an amend- 
ment to a Code of Fair Competition for the Feldspar Industry, and 
NOTICE OF OPPORTUNITY TO BE HEARD, Administrative 
Order 206-5, dated June 26, 1934, having been published and no ob- 
jection having been filed as provided in said published notice, and the 
annexed re])ort on said amendment containing findings with respect 
tliereto, havina* 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 6o'43-A, dated December 30, 1933, 
and otlierwise. 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 
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, 
Admhufitrafor for Indvstrud Recovery. 

Ap])roval recommended : 
C. E. Adams, 

Divisional Administrator. 

Washington, D.C, 

Augmt 21^, 193 1^. 

(429) 



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 
Feldspar Industry, submitted by the Code Authority for the said 
Industry. 

The existint^ provision of Article V, Section 5 (d) of the Code 
for the 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 V of said Code, 
the provisions of which follow closely the text of the above men- 
tioned Orders, will overcome the existino- 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 1 of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of coo]:)erative 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 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 limita- 
tion 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 oper- 
ate 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. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 24, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
FELDSPAR INDUSTRY 

Section 5 (e) of Article V shall be designated as Section 5 (g) 
and Section 5 (d) of Article V shall be stricken from the Code of 
Fair Competition for the Feldspar Industry and the following in- 
serted in lieu thereof : 

(d) 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 : 

(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 wdiich 
shall be held in trust for the purposes of the Code ; 

(a) 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 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. 

(e) 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 hj the Administrator. Only 
members of the industrj'^ 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. 

(f ) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Admin- 
istrator; 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. 

Approved Code No. 20U — Amendment No. 1. 
Registry No. 1012-1-02. 

(432) 



Approved Code No. 261 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FOUNDRY SUPPLY INDUSTRY 

As Approved on August 23, 1934 



ORDER 



Approving Amexdmext to Code or Fair Competition for the 
Foundry Supply 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 Foundry Supply Indus- 
try, and an opportunity to be heard having been dulj?^ afforded all 
interested parties, and the annexed report on said amendment con- 
taining findings with respect thereto, having been made and directed 
to the President : 

XOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me b}^ Executive Orders of the 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 
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, 
Ad mini str at or for Industrial Recovery. 

Approval recommended. 
Barton W. Murray, 

D iv is io n A dminis t rat or. 

Washington. D.C, 

Angnst iU, 1934. 

(433) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendment to the Code of Fair 
Competition for the Foundry Suj^ply Industry, and an opportunity 
to be heard was afforded all interested parties. This amendment, 
which is attached, was presented by the Code Authority. 

The Code of Fair Competition for the Foundry Supply Industry 
provides in Article IX, Section 2, that : 

" This Code, except as to provisions required by the Act, may be 
modified on the basis of experience or changes in circumstances, 
such modifications to be based upon application to the Administrator 
and such notice of hearing as he shall specify, and to become effective 
on approval of the Administrator." 

This amendment provides that sub-paragraphs (b) and (c), and 
the last sentence of sub-paragraph (j), of Section 2 of Article VI 
be deleted and the insertion of certain provisions to facilitate the 
collection from each member of the Industry of his or its equitable 
contribution of the expenses of the maintenance of the Code Au- 
thority subject to such rules and regulations pertaining thereto 
issued by the Administration. 

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 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 b}^ promoting the organization of industry for 
the purpose of cooperative action among trade groups, by inducing 
and maintaining united action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
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- 

(434) 



435 

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 tlie 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, therefore, I have approved this amendment. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
August 24, 1934. 



86360—34 18 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FOUNDRY SUPPLY INDUSTRY 

Amend Article VI, Section 2, by deleting the last sentence of sub- 
paragraph (j) ; and further amend Article VI, Section 2, by delet- 
ing subparagraphs (b) and (c) and substituting in lieu thereof 
the following: 

(b) 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: 

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 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 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. 

4. Each member of the industry shall pay his or its equitable 
contribution to the expense of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Onl> 
members of the industry complying with the Code and contributing 
to the expenses of its administration as hereinabove ]n-ovided. un- 
less duly exempted from making such contributions, shall be en- 
titled to participate in the selection of members of the Code Author- 
ity 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 Code Authority shall neither incur nor pay any obliga- 
tion 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 tht- 
Administrator ; and no subsequent budget shall contain any defi- 
ciency item for expenditures in excess of prior budget estimates 
except those which the Administrator shall have so approved. 

Approved Code No. 261 — Amendment No. 1. 
Registry No. 1112-01. 

(436) t 



Approved Code No. 79 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

NOVELTY CURTAINS, DRAPERIES, BEDSPREADS 
AND NOVELTY PILLOWS INDUSTRY 

As Approved on August 24, 1934 



ORDER 



Approving Modification of Code of Faik Competition for the 
XovELTY CuirrAiNS, Draperies, Bedspreads and Novelty Pillows 
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, 19i33, for approval of a modifica- 
tion of a Code of Fair Competition for the Novelty Curtains, 
Draperies, Bedspreads and Novelty Pillows Industry, and an oppor- 
tunity 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 moclification 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 : 
Robert L. Houston, 

Division Adwinisttator. 

AVashington. D.C. 

August 2If, WSJf. 

(4.S7) 



REPORT TO THE PRESIDENT 

The President, 

The White Home. 

Sir: This is a report on the Hearing on an amendment to the 
Code of Fair Competition for the Novelty Curtains, Draperies, 
Bedspreads and Novelty Pillows Industry, held in Room 2062, 
Department of Commerce Building, on May 31, 1934. The amend- 
ment, which is attached, was presented by the Domestic Decorative 
Linens Association, Inc., said to represent more tlian 80% by vol- 
ume of production and 60% by number of concerns in the Domestic 
Decorative Linen Industry. 

In accordance with customary procedure, every person who had 
filed a request for an appearance was freely heard in public, and 
all statutory and regulatory requirements were complied with. 

This amendment brings within the definition of the Code the 
Domestic Decorative Linens Industry. The Industry comprises 
approximately thirty-five (35) concerns having an investment in 
1933 of $1,100,000. "in 1929 the Industry provided employment for 
2,200 workers. This figure had declined to 1,750 employees in 1933 
before the President's Reemplojanent Agreement and approximately 
1,800 emploj^ees after the President's Reemployment Agreement. 
Aggregate annual sales fell from $6,250,000 in 1928 to $4,750,000 in 
1931. Sales for the year 1933 increased to about $5,500,000. 

According to the testimony at the Hearing ther£ are a number of 
concerns in the Industry paying as low as $9.00 a week for forty 
(40) hours of work. The minimum wage under the Code is $.325 
per hour or $13.00 per week. It is claimed that the effect of coming 
under this Code will be to increase employment by approximately 
300 workers. 

The amendment, besides changing the definition of the Industry 
to include domestic decorative linens, sets up a Committee to admin- 
ister the fair trade practice provisions for this branch of the 
Industry and includes two additional fair trade practices to apply 
only to domestic decorative linens manufacturers. . 

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 

(438) 



439 

welfare by promoting tlie organization of industry for the purpose 
of comparative 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- 
])etitive 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 reliev- 
ing unemployment, by improving standards of labor, and hj 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 Sub- 
section (b) of Section 10 thereof. 

(c) The applicant association is an industrial association truly 
representative of the aforesaid Domestic Decorative Linens Industry 
and said association imposes no inequitable restrictions on admission 
to membership therein. The Code empowers the Code Authority 
to assent to 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. 

(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. 
Respectfully, 

Hugh S. Johnson, 

AdTninistrator. 
August 24, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE NOVELTY CURTAINS, DRAPERIES, BEDSPREADS 
AND NOVELTY PILLOWS INDUSTRY 

Section I of Article II shall be amended by adding : 

" The term ' Industry ' shall also include a Domestic Decorative 
Linens Branch. The term ' Domestic Decorative Linens Branch ' 
of the Novelty Curtains, Draperies, Bedspreads and Novelty Pillows 
Industry as used herein means and includes the manufacture of 
domestic decorative linens which are defined as table covers, scarfs 
and doilies used for the decoration of the home, and the using or 
hiring of equipment or the engaging or hiring of anyone owning 
or hiring equipment to perform the operation of making chiefly 
or wholly of piece goods, nets, netting, laces and embroideries into 
domestic decorative linens (made by cutting apart and/or sewing 
together out of the same materials, or out of the same materials in 
combination with other materials employing plain or fancy stitch- 
ing, embroideries, laces, or appliques in conjunction therewith). The 
term ' Industry ' does not include the weaving of fabrics and/or 
laces," 

Article V shall be amended by adding Section 9 : 

" 9. The doing of work or the performance of labor on any product 
of the Domestic Decorative Linens Branch of the Industry in the 
home of a worker shall be prohibited." 

Paragraph 1, Section 1 of Article VI shall be amended to read 
as follows : 

" To further effectuate the policy of the Act a Code Authority is 
hereby designated to cooperate with the Administrator in the Admin- 
tration of this Code. The Code Authority shall consist of the Board 
of Directors of the Association and one representative of the Domes- 
tic Decorative Linens Branch elected bj^ the Domestic Decorative 
Linens Association, Inc., and such additional representatives of the 
Industry as shall be selected by a fair method of selection to be 
approved by the Administrator, or as the Administrator shall pre- 
scribe ; and up to three advisory members without vote who may be 
appointed by the Administrator." 

Paragraph 4, Section 1 of Article VI shall be amended to read 
as follows : 

'' In order that the Code Authority and the Domestic Decorative 
Linens Committee shall at all times be truly representative of the 
Industry and in other respects comply with the provisions of the Act, 
the Administrator may provide such hearings as he may deem 
proper ; and thereafter if he shall find that the Code Authority or the 
Domestic Decorative Linens Committee 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 and/or the Domestic Decorative Linens Committee." 

(440) 



441 

Section 2 of Article VI shall be amended by adding Sub-section 

"(d) For the purpose of administering the fair trade practice 
provisions of the Code relating to the Domestic Decorative Linens 
Branch, the members of the Domestic Decorative Linens Branch of 
the Industry shall elect a Domestic Decorative Linens Committee. 
The members of the Domestic Decorative Linens Committee shall be 
elected in a manner approved by the Administrator, and need not be 
members of the Code Authority. The Administrator may appoint 
up to three representatives without vote to serve on this committee." 

Section lo of Article YII shall be amended by adding : 

*• This provision shall not apply to the Domestic Decorative Linens 
Branch of the Industry." 

Article XII shall be added : 

" The following practices constitute unfair methods of competition 
for members of the Domestic Decorative Linens Branch of the In- 
dustry and are prohibited: 

" 1. Variance of more than three per cent (3% ) in either width 
oi- length from sizes marked on Domestic Decorative Linens. 

" 2. (a) Selling or offering to sell any article on the condition, ex- 
press or implied in fact, that the purchaser buy another article or 
articles ; 

"(b) Selling or offering to sell several articles in group or com- 
bination at a single lot or group price, except articles which are com- 
monly sold in sets or ensemble, unless the price of each unit in the 
group or combination be stated to the purchaser." 

Approved Code No. 79— Amendment No. 2. 
Registry No. 220-1-06. 



Approved Code No. 169 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR 

SAVINGS, BUILDING AND LOAN ASSOCIATIONS 

As Approved on August 24, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for Savings, 
Building and Loan Associations 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Recovery 
Act, approved June 16, 1933, for approval of an amendment to the 
Code of Fair Competition for the Savings, Building and Loan 
Associations, and ample opportunity to file criticisms of, objections 
to, or suggestions concerning said amendment having been given, 
and the annexed report on the 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 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 fifteen days from the date hereof, unless good cause to the 
contrary is shown to the Administrator before that date and the 
Administrator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Admimhtrator for Industrial Recovery. 

Approval recommended : 
C. E. Adams, 
Division Adininistrator. 

Washington, D.C, 

August 2Jf, 193Jf. 

(443) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An application has been dul}' 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 
Savings, Building and Loan Associations, submitted by the Code 
Authority for said Code. 

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 Associations subject to the 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 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 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 Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Savings, Building and Loan 
Associations subject to the Code. 

(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, 

Administrator. 
August 24, 1934. 

(444) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
SAVINGS, BUILDING AND LOAN ASSOCIATIONS 

Section 4 of Article VI shall be deleted and the following shall 
be added to Article VI : 

(4) 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 polic}- of the Act, the 
Code Authorit}' is authorized : 

(a) To incur such reasonable obligation,s 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 the associations ; 

(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 such associations, and to that end, 
if necessary to institute legal proceedings therefor in its own name. 

(5) Each association shall pay its equitable contribution to the 
expenses of the maintenance of the Code Authority, determined as 
hereinabove provided and subject to rules and regulations pertain- 
ing thereto issued by the Administrator. Only associations com- 
plying with the Code and contributing to the expenses of its admin- 
istration as hereinabove provided (unless duly exempted from mak- 
ing such contributions), shall be entitled to participate in the selec- 
tion of members of the Code Authority or to receive the benefits of 
any of its vohmtarj^ 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 obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget except upon approval of the Ad- 
ministrator; 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. 169 — Amendment No. 1. 
Registry No. 1712-02. 

(445) 



Approved Code No. 274 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SAW AND STEEL PRODUCTS MANUFACTURING 

INDUSTRY 

As Approved on August 24, 1934 



ORDER 



Approving Modificatiojs of Code of Fair Competition for the Saw 
AND 8teel 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 
Recoveiy Act, approved June 16, 1933, for the approval of a modi- 
fication to a Code of Fair Competition for the Saw and Steel Prod- 
ucts Manufacturing Industrj^, and opportunity to be heard thereon 
having been duly noticed and the annexed report on said modifica- 
tion, containing findings with respect thereto, having been made and 
directed to the President ' 

NOW, THEREFORE^ on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise; do hereby incorporate, by reference said an- 
nexed report and do find that said modification and the Code as con- 
stituted after being modified comply in all respects with the perti- 
nent provisions and Avill promote the policy and purposes of said 
Title of said Act, and do hereby order that said modification be and 
it is hereby approved, and that the previous approval of said Code is 
hereby modified to include an approval of said Code in its entirety as 
modified, such approval and such modification to take effect ten (10) 
daj^s 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 "VV. Murray, 

Divislmi Administrator. 

Washington, D.C, 

August 2Jf, 19Sk. 

(447) 



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 Saw and Steel Products Manufacturing Indus- 
try to incorporate the principles contained in Executive Order of 
April 14, 1934 relating to collection of expenses of Code Administra- 
tion. This Modification was proposed in accordance with Article 
IX of the Code as approved February 10, 1934, and Notice of 
Opportunity to be Heard was given from July 10 to July 25, 1934. 

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 to said Code and the Code as modified are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action of labor and management under 
adequate governmental sanction and supervision, by eliminating 
unfair competitive practices, by promoting the fullest possible utili- 
zation of the present productive capacit}^ of industries, by avoiding 
undue restriction of production (except as may be temporarily re- 
quired), by increasing the consumption of industrial and agricultural 
products through increasing purchasing power, by reducing and 
relieving unemplo^mient, 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 limitation 
Subsection (a) of Section 3, Subsection (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, 

AclDiinisti'ator. 



August 24, 1934. 



(448) 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE SAW AND STEEL PRODUCTS MANUFACTURING 
INDUSTRY 

Purpose 

Pursuant to Article IX of the Code of Fair Competition for the 
Saw and Steel Products Manufacturing? Industry, duly approved 
by the Administrator on February 10, 1934, and further to effectuate 
the policies of Title I of the National Industrial Recovery Act, the 
followino; modification is established as a part of said Code of Fair 
Competition and shall be binding upon every member of the Saw and 
Steel Products Manufacturing Industry. 

Modification 

Delete Section 6 of Article VIII, and substitute in lieu thereof 
the following: 

Section 6 (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 
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- 
tions substantially in excess of the amount thereof as estimated in 
its approved budget, and shall in no event exceed the total amount 

(449) 



450 

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. 

Approved Code No. 274 — Amendment No. 2. 
Registry No. 1108-1-02. 



Approved Code No. 82 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

As Approved on August 24, 1934 



ORDER 



Approving Amendment to the Code of Fair Competition for the 
Steel Casting 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 Steel Casting 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 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 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, such approval and such amendment to take effect fif- 
teen (15) days from the date hereof, unless good cause to the con- 
trary is shown to the Administrator before that time and the Admin- 
istrator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery^ 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D.C., 

August 24, 19S4. 

86360—34 19 (451) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on amendments to the Code of Fair Competi- 
tion for the Steel Casting Industry, a public hearing having been 
duly held thereon in Washington, D.C., on June 14, 1934, in accord- 
ance with the provisions of the National Industrial Recovery Act. 

The Code of Fair Competition for the Steel Casting Industry was 
approved by your Order dated November 2, 1933, and amended by 
my Order of August 3, 1934. 

The first amendment provides that no agency or subdivision shall 
sell, or offer to sell, any product at a price lower than the price filed 
by a member of such agency or subdivision. 

" The second amendment provides for the addition of several unfair 
trade practices to Schedule D of the approved Code relating only to 
Miscellaneous Castings. 

FINDINGS 

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 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, 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 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. 

(452) 



453 

(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, I have approved these amendments. 
Eespectfully, 

Hugh S. Johnson, 

Administrator. 
-August 24, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE' 
STEEL CASTING INDUSTRY 

Amendment V 

Article VII, Section 3 is hereby amencled to read as follows : 
" If the agency of any subdivision or product classification so- 
decides, no member of the Industry within such subdivision or prod- 
uct classification shall sell or offer for sale, directly or indirectly, by 
any means whatsoever, any product of the Industry included within 
a subdivision or product classification for which the agency shall 
have given notice requiring the filing of price lists, at a price less 
than the price shown for such product in the list filed by such 
member." 

Amendment VI 

Add the following new Sections to Schedule D of said Code : 

" Section 8. Furnish pattern equipment or alterations thereof at 
less than the actual cost of production; provided, however, that if 
the patterns are and remain the property of the foundry producing: 
them, it shall not be construed as a violation of this provision for 
such foundry to absorb the cost of patterns or alterations thereof 
in the case of Miscellaneous Railway Car Castings when ordered 
in quantities of 500 or more pieces from one pattern at one time." 

" Section 9. Absorb the cost of any insurance that may be carried 
to protect customers' patterns against fire and/or the elements." 

" Section 10. Accept responsibility, where there is no liability, for- 
consequential, special or contingent damages, or offer to do more 
than replace castings rejected due to defective workmanship and/or" 
materials." 

" Section 11. Absorb any inspection charges incident to inspection 
b^^ outside individuals or agents performed at the request of the- 
customer." 

" Section 12. Quote or communicate to customers, directly or in- 
directly, a price before the effective date thereof permissible under 
Article VII of the Code." 

Approved Code No. 82 — Amendment No. 2. 
Registry No. 1106-1-01. 

(454) 



Approved Code No. 19 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WALL PAPER MANUFACTURING INDUSTRY 
As Approved on August 24, 1934 



ORDER 



Appkoving Amendment to the Code of Fair Competition foe the 
Wall Paper 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 the Code of Fair Competition for the Wall Paper Manu- 
facturing Industry, and due notice and opportunity to be heard 
having been given thereon and the annexed report on such modifi- 
cation, 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. 6548-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 provisions and will promote the policy and purpo3es 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, 

August 2%, 193^. 

(455) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Gbmpe-- 
tition for the Wall Paper Manufacturing Industry, which was- 
approved by j^ou on September 7, 1933. 

The effect of this amendment will allow members of the Industry 
to sell products of the Industry below cost for the purpose of meeting, 
competitive prices, which competitive prices themselves do not vio- 
late the provision of the Code, prohibiting the sale below cost. 

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 the 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 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 
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 modified complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita> 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to propose this 
amendment 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