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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."

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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  or  monopolistic  practices. 

(e)  The  modification  and  the  Code  as  modified  are  not  designed 
to  and  will  not  eliminate  or  oppress  small  enterprises  and  will  not 
operate  to  discriminate  against  them. 

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

For  these  reasons  this  modification  has  been  approved. 
Sincerely, 

Hugh  S.  Johnson, 

Adminis  trato  r. . 
August  24,  1934. 

(456) 


MODIFICATION  TO  CODE  OF  FAIR  COMPETITION  FOR 
THE  WALL  PAPER  MANUFACTURING  INDUSTRY 

Modify  Article  Vll-b  of  the  Code  by  elimination,  and  substitute 
the  following: 

"  The  selling  of  goods,  except  Jobs  as  provided  in  Article  Vll-e 
as  amended,  at  less  than  the  cost  thereof  computed  in  accordance  with 
the  Cost  Accounting  System  referred  to  in  Article  X,  as  amended, 
and  approved  on  December  30,  1933,  when  such  system  has  been 
approved  by  the  Administrator,  provided,  however,  that  a  member 
may  sell  below  such  cost  to  meet  the  price  of  a  competitor  whose 
price  does  not  violate  this  section." 

Approved  Code  No.  19 — Amendment  No.  2. 
Registry  No.  410-02. 

(457) 


LABOR  PROVISIONS 


Approved  Labor  Provisions  No.  LP  21 

CODE   OF   LABOR  PROVISIONS 

FOR  THE 

WINE  INDUSTRY 

As  Approved  on  August  18,  1934 


ORDER 


AppRO^^:NG  Code  of  Labor  Provisions  for  the  Wine  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
'Compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Hecovery  Act,  approved  June  16,  1933,  for  approval  of  a  Code  of 
Labor  Provisions  for  the  Wine  Industry,  and  hearings  having  been 
■duly  held  thereon  and  the  annexed  report  on  said  Code,  containing 
finclings  with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
: States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to   authority  vested  in  me  by   Executive  Orders   of  the 
President,  including  JExecutive  Order  No.  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  Labor  Provisions  be  and  it  is  hereby  approved;  provided,  how- 
•ever,  that  the  provisions  thereof  shall  not  become  effective  and  they 
are  hereby  stayed  for  a  period  of  ten   (10)  days  from  the  effectiA^e 
date  thereof  in  order  to  afford  consideration  of  the  objections  of  any 
interested  parties,  and  at  the  expiration  of  which  period  the  said  Code 
shall  become  effective  unless  I  shall  by  my  further  Order  otherwise 
determine  or  extend  such  stay;  provided  further,  that  within  sixty 
(60)  days  of  the  effective  date  thereof  the  Wine  Producers  Associa- 
ition  and  the  Eastern  Wine  Growers  Association  shall  each  amend  its 
'Constitution  and  bylaws  to  remove  the  inequitable  restrictions  con- 
itained  therein. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Armin  W.  Riley, 

Division  A dministrator. 

Washington,  D.C, 

August  18, 19S4. 

(459) 


KEPOKT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Code  of  Labor  Provisions  for  the- 
Wine  Industry  of  the  United  States.  The  Code  was  revised  after 
the  Public  Hearing  held  in  San  Francisco,  California,  on  February 
20,  1934.  Other  revisions  have  been  made  since  the  Public  Hearing: 
held  in  Washington,  D.C.,  on  March  12,  1934,  in  accordance  with^ 
the  provisions  of  the  National  Industrial  Recovery  Act. 

The  Fair  Trade  Practice  Provisions  for  this  Industry  were  ap- 
proved by  the  President  on  December  27,  1933. 

PROVISIONS    OF    THE    CODE 

The  plan  for  the  organization  and  constitution  of  the  Code  Aui-- 
thority  for  this  Code  of  Labor  Provisions  is  substantially  the  same- 
as  that  plan  in  the  Code  of  Fair  Competition  for  this  industry, 
which  Code  was  approved  by  the  President,  December  27,  1933,. 
and  is  under  the  jurisdiction  of  the  Federal  Alcohol  Control  Ad- 
ministration. For  reasons  of  economy,  and  for  the  purpose  of 
coordination,  it  was  agreed  that  the  adoption  of  this  plan  might 
make  it  possible  for  the  members  of  the  Code  Authority  for  the 
Code  of  Fair  Competition  to  be  elected  as  the  Code  Authority 
Members  for  this  Code  of  Labor  Provisions. 

No  employee  shall  be  permitted  to  work  in  excess  of  forty  (40) 
hours  in  any  one  week  or  nine  (9)  hours  in  any  one  day  or  six 
(6)  days  in  any  seven  (7)  day  period,  with  an  exemption  during 
the  vintage  season  for  those  employees  defined  in  Article  III,  Section 
2  and  Subsections  (a)  and  (b).  The  vintage  season  covers  a  period 
of  approximately  twelve  (12)  weeks  each  year. 

Exemptions  are  made  for  executive,  supervisory,  and  technical 
employees  receiving  thirty-five  dollars  ($35.00)  or  more  per  week, 
and  junior  technical  employees  receiving  twenty-five  dollars  ($25.00) 
or  more  per  week,  who  do  not  constitute  more  than  two  per  cent 
(2%)  of  the  total  number  of  employees  and  are  limited  to  one  year 
in  this  classification. 

Until  such  time  as  trained  personnel  is  available  which  will  re- 
lieve the  shortage  of  champagne  handlers,  employees  classified 
as  disgorgers,  shakers,  chuckers,  and  finishing  crews,  are  permitted 
to  work  not  in  excess  of  forty-eight  (48)  hours  in  any  one  week; 
provided  that  all  such  employment  is  reported  to  the  appropriate 
Code  Committee  as  defined  in  Article  VI. 

Watchmen  maj^  be  permitted  to  work  a  maximum  of  fift^^-six 
(56)  hours  per  week,  provided,  however,  that  such  employees  shall 
not  be  permitted  to  work  more  than  thirteen  (13)  days  in  any  four- 
teen (14)  day  period. 

(460) 


461 

Chauffeurs  and  deli verymen  shall  not  be  permitted  to  work  more 
than  forty-eight  (48)  hours  per  week  of  six  (6)  days  in  any  seven  (7) 
day  period. 

When  it  becomes  necessary  to  operate  a  plant  continuously  to 
prevent  spoilage,  employees  engaged  in  the  processing  of  wine  shall 
not  be  permitted  to  work  in  excess  of  forty-eight  (48)  hours  in  any 
six  (6)  day  of  a  seven  (7)  day  period.  In  such  emergency  all  hours 
worked  in  excess  of  forty  (40)  hours  shall  be  reported  monthly  to 
the  appropriate  Code  Committee. 

Office  employees  are  to  be  paid  on  a  basis  of  sixteen  dollars  ($16.00) 
per  week,  with  a  differential  of  two  dollars  ($2.00)  for  office  boys 
and  messengers. 

Watchmen  are  to  be  paid,  sixteen  dollars  ($16.00)  per  week. 

Employees  engaged  in  such  light  work  as  labeling,  wrapping, 
;,and  finishing  of  bottles  shall  be  paid  not  less  than  thirty-five  cents 
(350)  an  hour.     Such  work  is  generally  performed  by  females. 

No  employees  other  than  office  boys,  messengers,  and  those  per- 
forming light  work  shall  be  paid  at  a  rate  of  less  than  forty  cents 
.(400)  per  hour,  and  in  no  case  shall  full  time  weekly  wages  be  reduced 
,as  a  result  of  the  adoption  of  this  Code. 

There  is.no  geographic  wage  differential  in  this  Code. 

THE   INDUSTRY 

The  Wine  Industry  operates  under  permits  issued  by  the  Federal 

^Government.  It  is  estimated  that  from  40,000,000  to  45,000,000 
gallons  of  wine  will  be  produced  in  1934.  Statistics  show  that  before 
prohibition  about  52,000,000  gallons  were  produced  annually.  Dur- 
ing the  prohibition  period  approximately  700,000  gallons  of  wine 
were  produced  annually. 

There  are  about  500  wineries  in  the  United  States,  the  majority  of 
which  are  located  in  California,  in  which  State  is  made  ninety  per 

<cent  (90%)  of  all  wine  produced  in  this  country.     There  are  about 

.2,500  workers  engaged  in  the  Wine  Industry. 

There  are  no  available  data  at  this  time  showing  the  value  of  the 
wine  produced   in  this  country  in   1933   or  the   present  estimated 

.  amount  of  the  payrolls  of  the  Industry. 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Code 
having  found  as  herein  set  forth,  and  on  the  basis  of  all  the  proceed- 
ings of  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  tlie  amount  thereof  and  will  provide 
for  the  general  welfare  ])y  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  practices,  by  promoting  the  fullest 
possible  utilization  of  the  restriction  of  production  (except  as  may 

'be  temporarily  required),  and  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. 


462 

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

(c)  The  Code  as  approved  complies  in  all  respects  with  the  per- 
tinent provisions  of  said  Title  of  said  Act,  including  without  limi- 
tation Subsection  (a)  of  Section  3,  Subsection  (a)  of  Section  7,. 
and  Subsection  (b)  of  Section  10  thereof;  and  that  the  Eastern  Wine- 
Growers  Association  and  the  Western  Wine  Growers  Association 
are  both  industrial  associations  truly  representative  of  the  aforesaid 
Industry;  and  that  said  associations  impose  no  inequitable  restric- 
tions on  admission  to  membership  therein. 

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

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

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

For  the  above  reasons,  this  Code  has  been  approved. 
Respectfully, 

Hugh   S.  Johnson, 

Admuiistraiov. 
August  18,  1934. 


CODE  OF  LABOR  PROVISIONS  FOR  THE  WINE 
INDUSTRY 

Article  I 

Section  1.  To  effectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recovery  Act,  this  Code  of  Labor  Provisions  is  established 
as  a  Code  of  Fair  Competition  for  the  Wine  Industry  and  shall  be 
binding  upon  every  member  thereof. 

Section  2.  This  Code  shall  not  affect  the  Code  of  Fair  Competition 
for  the  Wine  Industry  approved  December  27,  1933. 

Article  II — DeilnitioTis 

Section  1.  As  used  in  this  Code — 

(a)  The  terms  "  President  ",  "Administrator  ",  and  "Act  "  mean, 
respectively,  the  President  of  the  United  States,  the  Administrator 
for  Industrial  Recovery,  and  Title  I  of  the  National  Industrial 
Recover}^  Act. 

(b)  The  terms  "Wine  Industry"  and  "Industry"  mean  (1)  the 
production  of  wine,  or  (2)  the  crushing  of  fresh  grapes,  or  the 
making  of  must  or  grape  concentrate  to  be  used  for  the  production  of 
wine,  or  (3)  the  fortification  of  wine,  or  (4)  the  distillation  of 
brandy  for  fortification  of  wine  and  not  for  sale  except  to  another 
member  of  the  industry  for  purposes  of  fortification,  or  (5)  the 
blending,  bottling,  warehousing,  or  other  handling  or  distribution 
of  wines,  or  the  sale  or  other  disposition  thereof  except  at  retail  by 
a  member  of  the  industry  defined  in  Section  1  (b),  (1)  (2)  (3)  and 
(4)  herein,  or  an  affiliate  or  subsidiary  thereof  for  commercial 
purposes. 

(c)  The  term  "  wine  "  means  wine  as  defined  in  Title  26,  Sections 
441  and  444  of  the  United  States  Code  Annotated,  as  now  in  force  or 
hereafter  amended,  and  champagne,  sparkling  wine,  and  artifically 
carbonated  wine,  all  the  foregoing  as  defined  by  regulations  of  the 
Treasury  Department  as  now  or  hereafter  in  effect. 

(d)  The  term  "member  of  the  industry"  as  used  herein  includes, 
but  without  limitation,  any  individual,  partnership,  association, 
corporation  or  other  form  of  enterprise  engaged  in  the  industry, 
either  as  an  employer  or  on  his  or  its  own  behalf. 

(e)  The  term  "  employee  "  as  used  herein  includes  any  and  all 
persons  engaged  in  the  industry,  however  compensated,  except  a 
member  of  the  industry. 

(f)  The  term  "employer"  means  anyone  by  whom  any  such 
employee  is  compensated  or  employed. 

(g)  The  terms  "  Western  Code  Committee  "  and  "  Eastern  Code 
Committee  "  mean  the  industry  authorities  established  pursuant  to 
Article  VI  of  this  Code  of  Labor  Provisions. 

(463) 


464 

(h)  The  term  "  watchman "  as  used  herein  includes  only  em- 
ployees ninety  percent  (90%)  of  whose  working  time  is  spent  in 
watching  and  guarding  the  premises  and  property  of  a  member 
of  the  industry. 

(i)  The  term  "outside  salesman"  as  used  herein  means  any  em- 
ployee whose  principal  function  is  selling  outside  his  employer's 
establishment  and  who  does  not  regularly  deliver  merchandise. 

(j)  The  term  "  vintage  season  "  as  used  herein  includes  the  period 
from  the  first  day  of  crushing  to  the  last  day  of  pressing  of  pomace 
in  each  individual  winery,  but  in  no  case  to  exceed  twelve  (12)  weeks 
in  each  calendar  year. 

Article  III — Hours 

Section  1.  No  employee  shall  be  permitted  to  work  in  excess  of 
forty  (40)  hours  in  any  one  week  or  nine  (9)  hours  in  any  one 
day  or  six  (6)  days  in  any  seven  (7)  day  period,  with  the  following 
exceptions  and  except  as  hereinafter  provided : 

(a)  Executive,  supervisory,  technical  and  administrative  employ- 
ees, who  receive  regularly  thirty-five  ($35.00)  dollars  per  week 
or  more,  and  outside  salesmen. 

(b)  Junior  technical  men  who  receive  regularly  twenty-five 
($25.00)  dollars  per  week  or  more,  provided  that  employees  so 
classified  shall  not  constitute  more  than  two  percent  (2%)  of  the 
total  number  of  employees  and  provided  further  that  each  plant 
shall  be  entitled  to  at  least  one  employee  so  classified.  No  employee 
shall  be  so  classified  and  compensated  if  his  experience  in  that 
capacity,  in  the  industry,  shall  cover  a  period  in  excess  of  one  year. 

(c)  When  there  occurs  in  any  establishment  a  shortage  of  cham- 
pagne handlers,  disgorgers,  shakers,  chuckers  and  finishing  crews, 
those  performing  such  work  in  such  establishment  may  be  permitted 
to  work  in  excess  of  the  prescribed  maximum  hours  but  not  in  excess 
of  forty-eight  (48)  hours  in  any  one  week,  provided  that  all  such 
employment  shall  be  reported  to  the  appropriate  Code  Committee 
defined  in  Article  VI. 

(d)  Watchmen  may  be  permitted  to  work  a  maximum  of  fifty-six 
(56)  hours  per  week,  provided,  however,  that  such  employees  shall 
not  be  permitted  to  work  more  than  thirteen  (13)  days  in  any  four- 
teen (14)  day  period. 

(e)  Chauffeurs  and  deliverymen,  provided,  however,  they  shall  not 
be  permitted  to  work  more  than  forty-eight  (48)  hours  in  any  one 
week  nor  more  than  six  (6)  days  in  any  seven  (7)  day  period. 

Section  2.  The  maximum  hours  estajjlished  shall  not  apply  during 
the  vintage  season,  as  herein  defined,  to  those  employees  specified  in 
Subsections  (a)  and  (b)  below,  who  may  be  permitted  to  work  not 
to  exceed  sixty  (60)  hours  per  week  or  ten  (10)  hours  in  any  one  day 
or  six  (6)  days  in  any  seven  (7)  day  period. 

(a)  Those  employees  engaged  in  the  actual  production  and  proc- 
essing, including  the  processes  from  the  handling  until  the  casking 
of  the  wine,  and 

(b)  Checkers  and/or  clerical  employees  used  primarily  to  compile 
necessary  records  required  by  the  Government.  Such  employee  shall 
be  paid  for  hours  worked  in  excess  of  forty  (40)  hours  per  week  at 


465 

not  less  than  an  hourly  rate  to  be  determined  by  dividing  the  weekly 
amount  regularly  paid  by  forty  (40). 

Section  3.  The  maximum  hours  fixed  in  Section  1  of  this  Article 
shall  not  apply  to  any  employee  engaged  in  processing  of  wine  when 
it  is  necessary  to  operate  the  plant  continuously  in  order  to  prevent 
spoilage;  provided,  however,  that  any  employee  engaged  in  such 
emergency  processing  to  prevent  spoilage  shall  not  be  permitted  to 
work  in  excess  of  forty-eight  (48)  hours  in  any  six  (6)  days  in  any 
seven  (7)  day  period. 

Section  4.  All  hours  worked  under  the  provisions  of  Section  3 
above  in  excess  of  forty  (40)  hours  shall  be  reported  monthly  to  the 
appropriate  Code  Committee. 

Section  5.  No  employer  shall  permit  any  employee  to  work  for  any 
time  which  when  added  to  the  time  spent  at  work  for  another 
employer  or  employers  (in  this  industry  or  otherwise),  exceeds  the 
maximum  permitted  herein. 

Article  IV — ^Wages 

Section  1.  No  clerical,  accounting  or  other  office  employee  shall  be 
paid  at  a  rate  of  less  than  sixteen  ($16.00)  dollars  weekly,  except 
that  office  boys  and  messengers  may  be  employed  at  a  rate  of  not  less 
than  fourteen  ($14.00)  dollars  weekly,  provided,  however,  that  where 
more  than  one  employee  is  compensated  at  the  lower  minimum  rate 
not  more  than  ten  percent  (10%)  of  the  total  number  of  office 
employees  shall  be  so  compensated. 

Section  2.  No  watchman  shall  be  paid  at  a  rate  of  less  than  six- 
teen  ($16.00)   dollars  weekly. 

Section  3.  No  employee  other  than  those  specified  in  Sections  1, 
2  and  4  shall  be  paid  in  any  pay  period  less  than  at  the  rate  of  forty 
(400)  cents  per  hour. 

Section  4.  Emploj^ees  engaged  in  light  work  such  as  labelling, 
wrapping  and  finishing  of  bottles  shall  be  paid  in  any  pay  period 
not  less  than  at  the  rate  of  thirty-five  (350)  cents  per  hour. 

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

Section  6.  This  Article  establishes  minimum  rates  of  pay  which 
shall  apply  irrespective  of  whether  the  employee  is  actually  com- 
pensated on  a  basis  of  time  rate  or  piecework  performance. 

Section  7.  Wlienever  the  adoption  of  the  minimum  rates  of  this 
Code  results  in  lessening  the  differential  between  unskilled  labor 
and  skilled  occupations,  wages  above  the  minimum  shall  be  equi- 
tably adjusted  so  as  to  maintain  fair  differentials,  and,  provided 
however,  that  a  report  by  the  Code  Authority  be  made  within  sixty 
(60)  days  to  the  Administrator,  setting  forth  a  schedule  of  rate 
adjustment.  In  no  case  shall  full  time  weekly  wages  be  reduced 
as  a  result  of  the  adoption  of  this  Code. 

Section  8.  A  person  whose  earning  capacity  is  limited  because 
of  age  or  physical  or  mental  handicap  may  be  employed  on  light 
work  at  a  wage  below  the  minimum  established  by  this  Code  if 
the  employer  obtains  from  the  State  authority  designated  by  the 
United  States  Department  of  Labor  a  certificate  authorizing  his 

86360—34 20 


466 

employment  at  such  wages  and  for  such  hours  as  shall  be  stated 
in  the  certificate.  Each  employer  shall  file  monthly  with  the  ap- 
propriate Code  Committee  a  list  of  all  such  persons  employed  by 
him,  showing  the  wages  paid  to,  and  the  maximum  hours  of  work 
for  such  employee. 

Section  9.  Wages  shall  not  be  paid  in  any  other  medium  than 
cash  or  negotiable  check  payable  on  demand,  and  pay  periods  shall 
be  at  least  semi-montlll3^ 

Article  V — General  Labor  Provisions 

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  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. 

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 
organization  of  his  own  choosing,  and 

Section  3.  Emploj^ers  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  person  under  sixteen  (16)  years  of  age  shall  be 
employed  in  this  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.  Each  Code  Committee  shall 
submit  to  the  Administrator,  within  sixty  (60)  days  after  the  date 
of  approval  of  this  Code,  a  list  of  such  operations  or  occupations.  In 
any  State  an  employer  shall  be  deemed  to  have  complied  with  this 
provision  as  to  age  if  he  shall  have  on  file  a  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. 

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. 

Section  6.  Wages  shall  be  exempt  from  any  charges  and/or 
deductions  except  with  the  written  consent  of  the  employee  or  pur- 
suant to  court  order,  or  unless  required  by  law. 

Section  7.  No  employer  shall  reclassify  employees  or  duties  of 
occupations  performed  or  engage  in  any  other  subterfuge  so  as  to 
defeat  the  purposes  of  the  Act  or  of  this  Code. 

Section  8.  All  employers  shall  post  and  keep  posted  copies  of  this 
Code  in  conspicuous  places  accessible  to  all  employees.  Every  mem- 
ber of  the  industry  shall  comply  with  all  Rules  and  Regulations  rela- 
tive to  the  posting  of  provisions  of  this  Code  and  of  bulletins  and 
notices,  which  may  from  time  to  time  be  prescribed  by  the  Adminis- 
trator. 


467 

Section  9.  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  each  Code 
Committee  to  the  Administrator  within  six  (6)  months  after  the 
effective  date  of  the  Code. 

Section  10.  There  shall  be  established  an  Industrial  Relations 
Committee  for  the  industry,  which  shall  consist  of  an  equal  number 
of  representatives  of  employers  and  employees  and  an  impartial 
chairman.  The  Administrator  shall  appoint  such  impartial  chair- 
man upon  the  failure  of  tlie  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  em- 
ployer 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  Avhich  shall  be  constituted  in  like  manner  as  the 
Industrial  Relations  Committee. 

Article  VI — Organization,  Powers  and  Duties  of  the  Code 

Authorities 

organization  and  constitution 

Section  1.  A  Code  Authority  shall  be  established  consisting  of 
seven  (7)  persons  representing  the  industry,  of  which  three  (3) 
persons  shall  be  selected  by  and  represent  the  Western  Code  Com- 
mittee, to  be  established  pursuant  to  Section  2  (a)  of  this  Article; 
and  two  (2)  persons  selected  by  and  represent  the  Eastern  Code 
Committee  established  pursuant  to  Section  2  (b)  of  this  Article; 
and  two  (2)  persons  appointed  by  the  Administrator  who  shall  not 
be  members  of  the  industry. 

(a)  In  addition  to  the  membership  of  the  Code  Authority  as 
above  provided,  the  Administrator  may  appoint  not  more  than  three 
(3)  persons  without  vote  for  such  terms  as  he  may  specify. 

(b)  The  Code  Authority  shall  be  charged  with  the  function  of 
coordinating  the  activities  of  the  respective  Code  Committees  created 
pursuant  to  Section  2(a)  and  (b)  of  this  Article,  to  secure  uniform- 
ity of  interpretation  and  administration,  subject  to  such  rules  and 
regulations  as  may  be  issued  from  time  to  time  by  the  Administrator. 

(c)  Each  Code  Committee  through  its  representatives  on  the  Code 
Authority  may  recommend  that  said  Code  Authority  review  any 
action  of  either  Code  Committee,  subject  at  all  times  to  such  rules 
and  regulations  as  may  be  from  time  to  time  issued  by  the  Admin- 
istrator. 

(d)  This  Section  shall  be  construed  to  effectuate  the  greatest  pos- 
sible local  autonomy  consistent  with  coordinated  and  uniform  inter- 
pretation and  administration,  provided,  however,  that  nothing  herein 
shall  be  construed  to  relieve  the  Code  Authority  of  any  responsibility 
under  this  Code. 


468 

Section  2.  There  shall  be  established: 

(a)  A  Western  Code  Committee  to  be  selected  by  members  of  the 
Industry  who  crush  for  wine  grapes  grown  West  of  the  Rocky 
Mountains  or  use  products  produced  from  such  grapes. 

(b)  An  Eastern  Code  Committee  to  be  selected  by  members  of  the 
Industry  who  crush  for  wine  grapes  grown  East  of  the  Rocky 
Mountains  or  use  products  produced  from  such  grapes. 

(c)  Plans  for  the  election  of  the  Western  Code  Committee  and 
the  Eastern  Code  Committee  shall  be  submitted  to  the  Administrator 
for  his  approval  within  fifteen  (15)  days  after  the  effective  date  of 
this  Code,  provided,  however,  that  if  such  plans  are  not  submitted 
within  the  prescribed  time  herein  set  forth,  then  the  Code  Committee 
or  Committees  shall  be  selected  in  accordance  with  the  plan  pre- 
scribed by  the  Administrator. 

Section  3.  Each  trade  or  industrial  association  directly  or  indi- 
rectly participating  in  the  selection  or  activities  of  the  Western 
or  Eastern  Code  Committee  shall  (1)  impose  no  inequitable  restric- 
tions on  membership,  and  (2)  submit  to  the  Administrator  true 
copies  of  its  articles  of  association,  by-laAvs,  regulations,  and  any 
amendments  when  made  thereto,  together  with  such  other  informa- 
tion as  to  membership,  organization,  and  activities  as  the  Adminis- 
trator may  deem  necessary  to  effectuate  the  purposes  of  the  Act. 

Section  4.  In  order  that  the  Western  and/or  the  Eastern  Code 
Committee  and/or  the  Code  Authority  shall  at  all  times  be  truly  rep- 
resentative of  the  industry  and  in  other  respects  comply  with  the  pro- 
visions of  the  Act,  the  Administrator  may  prescribe  such  hearings  as 
he  may  deem  proper ;  and  thereafter  if  he  shall  find  that  the  Western 
and/or  the  Eastern  Code  Committee  and/or  the  Code  Authority  is 
not  truly  representative  or  does  not  in  other  respects  comply  with 
the  provisions  of  the  Act,  he  may  require  an  appropriate  modification 
in  the  method  of  selection  of  the  Code  Authority  and/or  the  Western 
and/or  the  Eastern  Code  Committee. 

Section  5.  Nothing  contained  in  this  Code  shall  constitute  the 
members  of  the  Code  Authority  and/or  the  Western  and/or  the 
Eastern  Code  Committee  partners  for  any  purpose.  Nor  shall  any 
member  of  the  Code  Authority  and/or  the  Western  and/or  the  East- 
ern Code  Committees  be  liable  in  any  manner  to  anyone  for  any  act  of 
any  other  member,  officer,  agent,  or  employee  of  the  Code  Authority 
and/or  the  Western  and/or  the  Eastern  Code  Committees.  Nor  shall 
any  member  of  the  Code  Authority  and/or  the  Western  and/or  the 
Eastern  Code  Committees  exercising  reasonable  diligence  in  the  con- 
duct of  his  duties  hereimder,  be  liable  to  anyone  for  any  action  or 
omission  to  act  under  this  Code,  except  for  his  own  wilful  malfea- 
sance or  nonfeasance. 

Section  6.  If  the  Administrator  shall  determine  that  any  action 
of  the  Code  Authority  and/or  the  Western  and/or  the  Eastern  Code 
Committees  or  any  agency  thereof  is  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  considei-ation  by  the  Code  Authority 
and/or  the  Western  and/or  the  Eastern  Code  Committees  or  agency 
pending  final  action,  which  shall  not  be  effective  unless  the  Adminis- 


469 

trator  approves  or  unless  he  shall  fail  to  disapprove  after  thirty 
(30)  clays'  notice  to  him  of  intention  to  proceed  with  such  action  in 
its  original  or  modified  form. 

POWERS   AND   DUTIES 

Section  7.  The  Western  and  the  Eastern  Code  Committees,  within 
their  respective  territories,  shall  each  have  the  following  powers  and 
duties  in  addition  to  those  authorized  by  other  provisions  of  this 
Code,  subject  to  the  poAvers  of  the  Code  Authority  as  set  forth  in 
Section  2  of  this  Article  and  to  such  rules  and  regulations  as  the 
Administrator  may  issue : 

(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  b3^-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  addi- 
tion to  information  required  to  be  submitted  to  the  Western  and/or 
the  Eastern  Code  Committees,  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;  pro- 
vided that  nothing  in  this  Code  shall  relieve  any  member  of  the 
industry  of  any  existing  obligations  to  furnish  reports  to  any  gov- 
ernment agency.  No  individual  report  shall  be  disclosed  to  any 
other  member  of  the  industry  or  any  other  part}^  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  anj^  of  its  activities  provided  for 
herein,  provided  that  nothing  herein  shall  relieve  the  Code  Authority 
and/or  the  respective  Code  Committees  of  their  duties  or  responsi- 
bilities under  this  Code  and  that  such  trade  associations  and  agencies 
shall  at  all  times  be  subject  to  and  comply  with  the  provisions  hereof. 

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

(f )  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  and/or  the  respective  Code  Committees  are 
authorized : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
jDroper  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  opportunitj^  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  within  their  respective  territories. 


470 

(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 and/or  the  respective  Code  Committees,  determined  as  herein- 
above provided,  and  subject  to  rules  and  rej^ulations  pertaining  there- 
to issued  b}^  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  parti- 
cipate in  the  selection  of  members  of  the  Code  Autliority  and/or  the 
respective  Code  Committees  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  and/or  the  respective  Code  Committees 
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  for  the  stabilization  of  employment;  and  including 
modifications  of  this  Code  which  shall  become  effective  as  part  hereof 
upon  approval  by  the  Adminstrator  after  such  notice  and  hearing 
as  he  may  specify. 

(h)  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 — 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,  licence,  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  therein  by  the  xict  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. 

Section  3.  An  amendment  may  be  proposed  by  any  interested 
party  to  either  Code  Committee  or  to  the  Administrator.  All  such 
proposed  amendments  shall  be  referred  to  the  Code  Authority  and 
by  it  to  both  Code  Committees,  who  shall  give  members  of  the  indus- 
try an  opportunity^  to  be  heard  thereon.  Each  Code  Committee 
shall  have  an  opportunity  to  make  recommendations  thereon  in  Avrit- 
ing  to  the  Administrator  prior  to  the  approval  of  any  proposed 
amendment.  After  such  notice  and  hearing  as  he  may  prescribe,  any 
such  proposed  amendment  may  be  approved  by  the  Administrator 
and  shall  thereupon  become  effective  as  a  part  of  this  Code. 


471 

Article  VIII — Monopolies,  Etc. 

No  provision  of  this  Code  shall  be  so  applied  as  to  permit  mo- 
Tiopolies  or  monopolistic  practices,  or  to  eliminate,  oppress,  or  dis- 
criminate against  small  enterprises. 

Article  IX — Effective  Date 

Section  1.  This  Code  shall  become  effective  on  the  first  Monday 
following  the  tenth  day  after  its  approval  by  the  President. 

Approved  Labor  Pi-ovisions  No.  LP  21. 
Registry  No.  102-22. 


SUPPLEMENTS 


Approved  Code  No.  201 — Supplement  No.  19 
SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION 

FOR  THE 

CHARCOAL  AND  PACKAGE  FUEL  DISTRIBUTING 

TRADE 

As  Approved  on  August  7,  1934 


ORDER 


Approving  Supplementary  Code  of  Fair  Competition  for  the 
Charcoal  and  PAciiACE  Fuel  Distributing  Trade 

A  DI\^SION  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  the  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Charcoal  and  Package 
Fuel  Distributing  Trade  to  the  Code  of  Fair  Competition  for  the 
Wholesaling  or  Distributing  Trade,  and  hearings  having  been  duly 
held  thereon  and  the  annexed  report  on  said  Code,  containing  find- 
ings with  respect  thereto,  having  been  made  and  directed  to  the 
President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  Authority  vested  in  me  by  Executive  Orders  of  the 
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  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is 
hereby  approA^ed. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  7, 193k. 

(473) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir:  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Charcoal  and  Package  Fuel  Distribut- 
ing Trade,  conducted  in  Room  127,  Willard  Hotel,  at  10  a.m.,  May 
14,  1934.  The  Supplemental  Code,  which  is  attached,  was  presented 
by  a  duly  qualified  and  authorized  representative  of  the  Trade,  com- 
plying with  the  statutory  requirements. 

THE    TRADE 

According  to  statistics  furnished  by  members  of  the  Charcoal  and 
Package  Fuel  Distributing  Trade,  it  is  estimated  that  there  are 
approximately  400  concerns;  the  aggregate  invested  capital  is  ap- 
proximately $10,000,000  with  aggregate  annual  sales  of  $40,000,000. 
The  Trade  employs  10,000  persons. 

HOURS  AND  WAGES 

The  Supplemental  labor  provisions  establish  a  maximum  thirty- 
two  (32)  hour  work  week  between  May  1  and  October  1;  a  maxi- 
mum forty  (40)  hour  work  week  between  October  1  and  May  1, 
and  a  wage  of  forty-five  (45^.)  cents  per  hour. 

OTHER  PRO^nSIONS  OF  THE  CODE 

The  provisions  containing  supplemental  definitions  are  considered 
inclusive  and  accurate. 

The  supplement  to  the  Administrative  provisions  of  the  General 
Code  establishes  a  Divisional  Code  Authority  which  is  fairly  and 
adequately  representative  of  all  the  different  elements  in  the  Trade. 

The  Trade  Practice  supplemental  provisions  are  not  considered 
in  any  way  objectionable. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter; 

I  find  that 

(a)  Said  Supplemental  Code  is  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  organ- 
ization of  industry  for  the  purpose  of  cooperative  action  among  trade 

(474) 


475 

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

(b)  Said  Trade  normalW  employs  not  more  than  50,000  employees 
and  it  is  not  classified  b}^  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  ]jrovisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade ;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discrimi- 
nate against  them. 

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

For  these  reasons,  this  Supplemental  Code  has  been  approved. 
Respectfully, 

Hugh  S.  Johnson, 

Administrator, 
August  7,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  CHARCOAL  AND  PACKAGE  FUEL  DISTRIBUTING 
TRADE 

A   DIVISION   OF  THE   WHOLESALE  OR   DISTRIBUTING   TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
JRecovery  Act,  this  Supplemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  Charcoal  and  Package  Fuel  Distributing 
Trade,  pursuant  to  Article  VI,  Section  1  (c),  of  the  Code  of  Fair 
Competition  for  the  Wholesaling  or  Distributing  Trade,  approved 
by  the  President  of  the  United  States  on  January  12,  1934.  The 
provisions  of  that  General  Code,  which  are  not  in  conflict  with  the 
provisions  of  this  Supplemental  Code,  are  hereby  incorporated  by 
reference  in  this  Supplemental  Code  and  made  part  hereof.  Such 
provisions  of  the  General  Code,  together  with  the  provisions  of  this 
Supplemental  Code,  are  the  standards  of  fair  competition  for  and 
are  binding  upon  every  member  of  the  Charcoal  and  Package  Fuel 
Distributing  Trade. 

Article  II — Definitions 

supplementing  article  II  OF  THE  GENERAL  CODE 

1.  The  term  "  wholesaler  "  or  "  distributor  ",  as  used  herein,  shall 
be  defined  as  any  person,  firm,  corporation,  association,  or  other  form 
of  enterprise,  or  definitely  organized  division  thereof,  definitely  or- 
ganized to  render  a  distribution  service  in  package  fuel,  which  buys 
and  maintains  at  his  or  its  place  of  business  a  stock  of  fuel  and  which 
maintains  a  yard  and  office  or  other  established  place  of  business  with 
facilities  for  unloading,  storage,  delivery,  sales  and  service;  and 
which  through  salesmen,  advertising,  and/or  sales  promotion  devices 
sells  to  retailers  and/or  to  institutional,  commercial  and/or  industrial 
users. 

2.  The  term  "  Trade  ",  as  used  herein,  shall  mean  the  business  in 
which  a  wholesaler  or  distributor,  as  above  defined,  is  engaged. 

3.  The  term  "  fuel  ",  as  used  herein,  shall  be  interpreted  to  mean 
solid  fuel  such  as  charcoal,  hardcoal,  coke,  wood,  briquets,  and  all 
-other  fuel  not  sold  by  liquid  or  metered  measure,  and  sold  in  con- 
tainers not  exceeding  thirty  (30)  pounds  in  weight,  excepting 
charcoal. 

4.  The  term  "  customer  ",  as  used  herein,  shall  mean  a  retailer  sell- 
ing fuel  to  the  consumer,  and,  in  addition,  institutional,  commercial 
and/or  industrial  users. 

5.  The  term  "  package  ",  as  used  here  n,  means  any  container  in 
which  solid  fuel  is  sold  and  the  contents  of  which  does  not  exceed 
thirty  (30)  pounds  in  weight  excepting  charcoal  on  which  the  size 
;and  weight  shall  be  unlimited. 

(476) 


477 

6.  The  term  "  Divisional  Code  Authority  ",  as  used  herein,  is  de- 
fined to  mean  the  Divisional  Code  Authority  for  the  Charcoal  and 
Package  Fuel  Distributing  Trade,  a  division  of  the  Wholesaling  or 
Distributing  Trade. 

7.  The  term  "  General  Code  ",  as  used  herein,  is  defined  to  mean 
the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade,  as  approved  by  the  President  on  January  12,  1934. 

Article  III — Hours 

SUPPLEMENTING  ARTICLE  III  OF  THE  GENERAL  CODE 

1.  Between  May  1  and  October  1,  no  employee  shall  be  permitted 
to  work  more  than  thirty-two  (32)  hours  in  any  one  week  nor  more 
than  eight  (8)  hours  in  any  twenty-four  (24)  hour  period,  nor  more 
than  five  (5)  days  m  any  one  week.  Between  October  1  and  May  1, 
no  employee  shall  be  permitted  to  work  more  than  forty  (40)  hours 
in  any  one  week  nor  more  than  eight  (8)  hours  in  any  twenty-four 
hour  period,  nor  more  than  six  (6)  days  in  any  one  week. 

Exceptions. —  {a)  An  employee  may  be  permitted  to  work  in  excess 
of  the  maximum  hours  fixed  in  Section  1  of  this  Article  provided 
he  is  paid  at  the  rate  of  at  least  time  and  one-half  his  normal  rate  of 
pay  for  all  hours  worked  in  excess  of  such  maximum,  and  provided 
further,  that  such  overtime  shall  not  exceed  eight  (8)  hours  in  any 
one  week,  except  as  provided  in   paragraph    (b)    of  this   Section. 

(b)  In  case  of  an  emergency  involving  breakdown  or  protection 
of  life  or  property  such  employees  as  are  necessary  may  be  per- 
mitted to  work  unlimited  overtime,  provided  further,  that  each  such 
employee  shall  be  paid  at  the  rate  of  at  least  time  and  one-half  his 
normal  rate  of  pay  for  all  hours  worked  in  excess  of  the  maximum 
provided  in  Section  1  of  this  Article.  A  report  giving  full  details 
of  each  such  emergency  shall  be  sent  to  the  Divisional  Code  Authority 
within  thirty  (30)  days  after  such  emergency  overtime  work  shall 
have  commenced. 

2.  The  hours  worked  by  each  employee  each  day  shall  be  con- 
secutive with  the  exception  of  not  more  than  one  hour  for  lunch. 

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,  in  this  Trade  exceeds  the  maximum 
prescribed  herein. 

4.  Any  person  other  than  an  employee,  such  as  an  owner,  stock- 
holder, partner  or  an  executive,  who  performs  the  work  of  an  em- 
ployee, shall  be  bound  to  observe  the  maximum  hours  pertaining  to 
the  class  of  employees  whose  work  he  is  performing,  except  when 
performing  work  of  an  executive  nature.  Employees  compensated 
on  a  piece  work  or  commission  or  any  other  basis  shall  not  be  em- 
ployed in  excess  of  the  maximum  hours. 

Article  IV — Wages 

SUPPLEMENTING   ARTICLE  IV   OF   THE   GENERAL   CODE 

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


478 

2.  Wages  paid  on  a  piece  rate,  commission  or  other  basis  shall 
equal  an  hourly  rate  not  less  than  that  specified  in  Section  1  as 
the  minimum  rate  per  hour. 

3.  No  employee  whose  normal  full-time  weekly  hours  as  of  De- 
cember 1,  1933,  are  reduced  by  less  than  twenty  per  cent  (20%)  shall 
have  his  full-time  weekly  earnings  as  of  December  1,  1933  reduced. 
No  employee  whose  normal  full-time  weekly  hours  as  of  December  1, 
1933  are  reduced  twenty  per  cent  (20%)  or  more  shall  have  his 
full-time  weekly  earnings  as  of  December  1,  1933  reduced  by  more 
than  ten  per  cent  (10%).  Wages  above  the  minimum  shall  be  in- 
creased by  an  equitable  adjustment  of  all  pay  schedules  in  order  to 
maintain  the  differentials  existing  as  of  December  1,  1933.  Within 
sixty  (60)  days  after  the  effective  date  of  this  Supplemental  Code 
a  report  of  all  wage  adjustments  shall  be  made  to  the  Administra- 
tor. On  December  1,  1934  a  supplemental  report  of  all  wage  adjust- 
ments shall  be  made  to  the  Administrator. 

4.  Female  employees  performing  substantially  the  same  work  as 
male  employees  shall  receive  the  same  rate  of  pay  as  such  male  em- 
ployees. 

5.  Wages  shall  be  paid  weekly  or  semi-monthly  in  lawful  money 
or  by  negotiable  check. 

6.  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. 

Article  V — General  Labor  Provisions 

SUPPLEMENTING  ARTICLE  V  OF  THE  GENERAL  CODE 

1.  No  person  under  sixteen  (16)  years  of  age  shall  be  employed  in 
the  Trade. 

No  person  under  eighteen  (18)  years  of  age  shall  be  employed  at 
operations  or  occupations  hazardous  in  nature  or  dangerous  to  health ; 
the  Divisional  Code  Authority  shall  submit  to  the  Administrator 
within  thirty  (30)  days  after  the  effective  date  of  this  Supplemental 
Code  a  list  of  all  such  hazardous  occupations  and/or  operations.  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  States  empowered  to  issue  employ- 
ment or  age  certificates  or  permits  showing  that  the  employee  is  of 
the  required  age. 

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  representatives  or  in 
self-organization  or  in  other  concerted  activities  for  the  purpose  of 
collective  bargaining  or  other  mutual  aid  or  protection. 

(b)  No  employee  and  no  one  seeking  employment  shall  be  required, 
as  a  condition  of  emploj^nent  to  join  any  company  union  or  to  refrainj 
from  joining,  organizing,  or  assisting  a  labor  organization  of  his  owi 
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. 


479 

3.  No  employer  shall  reclassify  employees  or  duties  of  occupations 
performed,  or  discharge  emploj^ees  to  re-employ  them  at  lower  rates, 
or  engage  in  any  other  subterfuge  so  as  to  defeat  the  purposes  or 
provisions  of  the  Act  or  of  this  Supplemental  Code. 

4.  No  provision  in  this  Supplemental  Code  shall  supersede  any 
State  or  Federal  law  which  imposes  on  employers  more  stringent 
requirements,  than  are  imposed  by  this  Supplemental  Code,  as  to 
age  of  employees,  wages,  hours  of  Avork,  or  as  to  safety,  health,  sani- 
tary, general  working  conditions,  insurance  or  fire  protection. 

6.  No  employee  shall  be  dismissed  without  two  (2)  weeks  notice. 

6.  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  Divisional 
Code  Authoritj^  to  the  Administrator  within  three  months  after  the 
effective  date  of  the  Supplemental  Code. 

7.  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  b}^  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  month- 
ly with  the  Divisional  Code  Authority  a  list  of  all  such  persons 
employed  by  him,  showing  the  wages  paid  to,  and  the  maximum 
hours  of  w^ork  for  such  employee. 

8.  No  employer  subject  to  this  Supplemental  Code  shall  dismiss  or 
demote  any  employee  for  making  a  complaint  or  giving  evidence 
with  respect  to  an  alleged  violation  of  this  Supplemental  Code. 

Aeticle  VI — Administration 

SUPPLEMENTING   ARTICLE   \'I   OF   THE   GENERAL   CODE 

1.  The  Divisional  Code  Authority  for  the  Charcoal  and  Package 
Fuel  Distributing  Trade  is  hereby  established  and  it  shall  consist  of 
nine  (9)  members  to  be  selected  as  follows:  Seven  (7)  to  be  selected 
by  the  Association  from  the  Board  of  Directors  of  the  National 
Association  of  Cliarcoal  and  Package  Fuel  Distributors,  two  (2) 
representatives  of  non-members  to  be  elected  by  them  in  a  fair  man- 
ner, approved  by  the  Administrator. 

2.  Subject  to  such  rules  and  regulations  as  may  be  issued  by  the 
Administrator,  the  Divisional  Code  Authority  shall  have  the  fol- 
lowing powers  and  duties  in  addition  to  those  authorized  by  other 
provisions  of  this  Supplemental  Code  and  by  the  provisions  of  the 
General  Code. 

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

(b)  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  Divisional 
Code  xVuthority  of  its  duties  or  responsibilities  under  this  Supple- 
mental Code  and  that  such  trade  associations  and  agencies  shall  at  all 
times  be  subject  to  and  comply  with  the  provisions  hereof. 

86360—34 21 


480 

(c)  To  obtain  from  members  of  the  Trade  such  inform.ation  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code.  In  addition  to  reports  required  to  be  submitted  to  the  Divis- 
ional Code  Authority,  members  of  the  Trade,  subject  to  this  Supple- 
mental Code  shall  furnisli  such  statistical  information  as  the  Admin- 
istrator may  deem  necessary  for  the  purposes  recited  in  Section  3(a) 
of  the  Act  to  such  Federal  and  State  agencies  as  he  may  designate, 
providing  that  nothing  in  this  Supplemental  Code  shall  relieve  any 
member  of  the  Trade  of  any  existing  obligations  to  furnish  reports 
to  any  governmental  agency.  No  individual  report  shall  be  disclosed 
to  any  other  member  of  the  Trade  or  any  other  party  except  to  such 
other  governmental  agencies  as  may  be  directed  by  the  Administrator. 

(d)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions 
to  govern  members  of  the  Trade  in  their  relations  with  each  other 
or  with  other  trades,  measures  for  industrial  planning,  and  stabili- 
zation of  employment;  and  including  modifications  of  this  Supple- 
mental Code  which  shall  become  effective  as  part  hereof  upon 
approval  by  the  Administrator  after  such  notice  and  hearing  as  he 
may  specify. 

(e)  To  make  recommendations  to  the  Administrator  for  the  coordi- 
nation of  the  administration  of  this  Supplemental  Code  with  such 
other  Codes  of  Fair  Competition,  if  any,  as  may  be  related  to  or 
affect  members  of  the  Trade. 

3.  The  Divisional  Code  Authority  shall  appoint  a  committee  to 
meet  with  a  committee  of  the  Code  Authority  of  any  related  trade  or 
industry  and  when  someeting  to  act  as  a  Coordination  Board  in  the 
determination  of  disputes  over  the  jurisdiction  of  the  respective  Code 
Authorities.  Each  committee  shall  be  equal  in  number  to  the  respec- 
tive committee  of  the  related  trade  or  industry,  appointed  to  the  same 
Coordination  Board.  In  addition  to  the  members  appointed  by  the 
Divisional  Code  Authorities,  each  Coordination  Board  shall  have 
one  member  appointed  by  the  Administrator  with  authority  to  vott- 
in  the  event  of  a  tie. 

4.  In  order  to  assist  in  making  effective  the  reports  from  the  Trade 
and  in  eliminating  unfair  competition,  the  Divisional  Code  Author- 
ity shall,  within  one  month  after  the  effective  date  of  the  Supple- 
mental Code,  appoint  a  committee  so  constituted  as  to  give  producer, 
distributor,  consumer,  and  governmental  representation,  to  make  a 
study  with  a  view  to  the  establishment  of  classifications  and 
standards  of  sizes  and  quality,  (grades)  of  staple  products  of  the 
Trade,  wherever  such  standards  are  deemed  feasible.  The  findings 
and  recommendations  of  this  committee  shall,  within  three  months, 
be  submitted  to  the  Administrator,  and  after  such  hearings  and 
investigations  as  he  may  designate,  and  upon  approval  by  him  such 
classifications  and  standards  shall  be  a  part  of  this  Supplemental 
Code  and  be  binding  upon  every  member. 

5.  (a)  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  Divisional  Code  Authority  is  authorized : 


481 

(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  Supplemental  Code ; 

(2)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the  Trade ; 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
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  therefore  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  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Trade  complying  with  the  Supplemental  Code 
and  contributing  to  the  expenses  of  its  administration  as  hereinabove 
provided,  unless  duly  exempted  from  making  such  contributions, 
shall  be  entitled  to  particij^ate  in  the  selection  of  members  of  the  Divi- 
sional 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  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator ;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

6.  Nothing  contained  in  this  Supplemental  Code  shall  constitute 
the  members  of  the  Divisional  Code  Authority  partners  for  any 
purpose,  nor  shall  any  member  of  the  Divisional  Code  Authority 
be  liable  in  any  manner  to  an3^one  for  any  act  of  the  other  members, 
officers,  agents,  or  employees  of  the  Divisional  Code  Authority.  Nor 
shall  any  member  of  the  Divisional  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  Supplemental 
Code,  except  for  his  own  willful  malfeasance  or  non-feasance. 

7.  If  the  Administrator  shall  at  any  time  determine  that  any 
action  of  the  Divisional  Code  Authority  or  any  part  thereof  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest  the  Administrator 
may  require  tliat  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action,  and  further  considera- 
tion by  such  Divisional  Code  Authority  or  agency  pending  final 
action  which  shall  not  be  effective  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. 


482 
j  Article  VII — Unfair  Trade  Practices 

l'  SUPPLEMENTING  ARTICLE  Vll  OF  THE  GENERAL  CODE 

.  The  following  are  declared  to  be  unfair  trade  practices  and  are 
prohibited : 

1.  To  borrow,  lend,  purchase,  sell  or  use  the  bags,  packages  or 
containers  of  any  other  member  of  the  Trade  or  of  any  other  con- 
cern or  form  of  enterprise ;  and  each  member  of  the  Trade  is  required 
to  haA^e  his  or  its  container  with  his  or  its  name  and  address,  con- 
tents and  quantity  clearly  printed  thereon  so  as  to  be  readily  identi- 
iied;  no  individual  firm,  corporation  or  other  form  of  enterprise 
shall  make  any  sales  or  deliveries  of  any  package  fuels  in  any  con- 
tainers but  their  own. 

2.  To  brand,  mark  or  pack  any  goods,  or  use  any  brands,  trade 
marks,  designs  or  color  combinations,  on  any  delivery  equipment, 
containers  or  uniforms  of  employees,  or  otherwise,  in  connection  with 
the  sale  of  any  goods  in  any  manner  which  is  intended  to  or  does 
deceive  or  mislead  purchasers  with  respect  to  the  brand,  grade,  qual- 
ity, quantity,  origin,  size,  substance,  character,  material  content  or 
preparation,  of  such  goods. 

3.  To  defame  any  competitor  by  false  charges  and  statements  of 
dishonorable  conduct,  inability  to  perform  contracts,  questionable 
credit  standing,  or  by  other  false  representations,  or  to  falsely  dis- 
parage the  grade  or  quality  of  his  goods. 

V  4.  To  operate  the  business  or  make  deliveries  on  Sundays  or  on  such 
days  recognized  as  legal  holidays  in  the  particular  state  where  the 
place  of  business  of  the  member  of  the  Trade  is  located,  except  in 
case  of  emergency,  which  shall  be  immediately  reported  to  the  nearest 
agency  of  the  Divisional  Code  Authority. 

5.  To  deliver  by  weight  or  measure  less  fuel  than  is  required  by  the 
standard,  uniform,  and  customary  bags,  packages  and  containers, 
or  to  deliver  a  mixture  of  sizes  with  intent  to  deceive  the  consumer. 

Article  VIII — Costs  and  Price  Cutting 

1.  The  standards  of  fair  competition  for  the  Trade  with  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. 

(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  consider- 
ation should  be  given  to  costs  in  the  determination  of  pricing  policies. 

(c)  When  an  emergency  exists  as  to  unj  given  product,  sale  below 
the  stated  minimum  price  or  such  product,  in  violation  of  Section  2 
hereof  is  forbidden. 

2.  Emergency  Provisions. —  {a)  If  the  Administrator  after  investi- 
gation shall  at  any  time  find  both  (1)  that  an  emergency  has  arisen 
within  the  Trade  adversely  affecting  small  enterprises  or  wages  or 
labor  conditions,  or  tending  toward  monopoly  or  other  acute  condi- 
tions which  tend  to  defeat  the  purposes  of  the  Act;  and  (2)  that  the 
determination  of  the  stated  minimum  price  for  a  specified  product 


483 

within  the  Trade  for  a  limited  period  is  necessary  to  mitigate  the 
conditions  constituting  such  emergency  and  to  effectuate  the  purposes 
of  the  Act,  the  Divisional  Code  Authority  may  cause  an  impartial 
agency  to  investigate  costs  and  to  recommend  to  the  Administrator 
a  determination  of  the  stated  minimum  price  of  the  product  affected 
by  the  emergency  and  thereupon  the  Administrator  may  proceed  to 
determine  such  stated  minimum  price. 

(b)  When  the  Administrator  shall  have  determined  such  stated 
minimum  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  Indus- 
trial Recovery  Act,  he  shall  publish  such  price.  Thereafter,  during 
such  stated  period,  no  member  of  the  Trade  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  Divisional  Code  Authority  may  recommend  review 
or  reconsideration  or  the  Administrator  may  cause  any  determina- 
tions hereunder  to  be  reviewed  or  reconsidered  and  appropriate  ac- 
tion taken. 

3.  Cost  Finding. — The  Divisional  Code  Authority  shall  cause  to> 
be  formulated  methods  of  cost  finding  and  accounting  capable  of  use 
by  all  members  of  the  Trade,  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  Trade.  Thereafter,  each  member  of  the  Trade 
shall  utilize  such  methods  to  the  extent  found  practicable.  Nothing 
herein  contained  shall  be  construed  to  permit  the  Divisional  Code 
Authority,  any  agent  thereof,  or  any  member  of  the  Trade  to  sug- 
gest uniform  additions,  percentages  or  differentials  or  other  uniform 
items  of  cost  which  are  designed  to  bring  about  arbitrary  uniformity 
of  costs  or  prices. 

Article  IX — Modificatign 

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

Article  X — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  tenth  day 
after  its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No.  19. 
Registry   No.    714-01. 


Approved  Code  No.  244 — Supplement  No.  17 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

MARBLE  CONTRACTING  INDUSTRY 

As  Approved  on  August  11,  1934 


ORDER 
Code  of  Fair  Competition  for  the  Marble  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,  1933,  and  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Section  5  of  Article  VIII  of 
Chapter  I  of  the  Code  of  Fair  Competition  for  the  Construction 
Industry,  approved  January  31,  1934,  for  approval  of  Chapter 
XVII  of  said  Code,  which  Chapter  XVII  is  applicable  to  the 
Marble  Contracting  Division  of  the  Construction  Industry,  and 
hearings  have  been  held  thereon  and  the  annexed  report  on  said 
Code,  containing  findings  with  respect  thereto,  having  been  made 
and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  Chapter  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 
Chapter  XVII  be  and  it  is  hereby  approved  and  that  the  previous 
approval  of  said  Code  of  Fair  Competition  for  the  Construction 
Industry  is  hereby  modified  to  include  an  approval  of  said  Code 
in  its  entirety  as  supplemented  by  said  Chapter  XVII. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August  11,  1931^. 

(485) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 

Sir:  This  is  a  report  on  the  Marble  Contracting  Chapter  of  the 
Code  of  Fair  Competition  for  the  Construction  Industry,  which  is 
described  as  Chapter  I  and  which  was  approved  by  you  on  January 
31,  1934. 

This  Chapter  is  a  revision  after  a  public  hearing  conducted  in 
Washington  on  September  8,  1933,  in  accordance  with  provisions  of 
the  National  Industrial  Recovery  Act.  This  Chapter  amplifies 
Chapter  I  but  applies  specifically  to  the  Marble  Contracting  Division 
of  the  Construction  Industry. 

PROVISIONS  FOR  HOURS  AND  WAGES 

The  hours  and  wages  set  forth  in  Chapter  I  of  the  Construction 
Code  as  approved  by  you  on  January  31,  1934,  are  applicable  to  this 
Code  with  very  minor  exceptions.  These  exceptions  have  to  do  prin- 
cipally with  payment  of  wages. 

ECONOMIC  EFFECT  OF  THE  CODE 

Available  statistics  do  not  segregate  employment  for  the  stone 
industries,  but  as  fully  seventy  per  cent  of  all  marble  quarried  is 
used  in  the  Construction  Industry,  it  is  reasonable  to  suppose  that 
this  Industry  is  suffering  practically  in  direct  proportion  to  the  Con- 
struction Industry,  in  which  latter  Industry  employment  is  at  an 
exceptionally  low  ebb.  It  is  reasonable  to  predict  that  the  establish- 
ment of  uniform  rates  of  pay,  uniform  hours  of  work,  improved  con- 
ditions of  employment,  and  a  prohibition  of  unfair  trade  practices 
will  be  beneficial  to  all  of  this  Industry,  as  well  as  to  the  employees 
and  the  consumers. 

FINDINGS 

The  Deputy  Administrator,  in  his  final  report  to  me  on  said 
Marble  Contracting  Chapter  of  the  Code  of  Fair  Competition  for 
the  Construction  Industry,  having  found  as  herein  set  forth  and  on 
the  basis  of  all  the  proceedings  in  this  matter; 

I  find  that: 

(a)  Said  Marble  Contracting  Chapter  and  said  Code  of  Fair  Com- 
petition for  the  Construction  Industry,  as  supplemented  by  said 
Marble  Contracting  Chapter,  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  organiza- 

(486) 


487 

tion  of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate  Governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  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)  Said  Marble  Contracting  Chapter  and  the  Code  of  Fair  Com- 
petition for  the  Construction  Industry,  as  supplemented  by  said 
Marble  Contracting  Chapter,  as  approved  comply  in  all  respects  with 
the  pertinent  provisions  of  said  Title  of  said  Act,  including  without 
limitation  subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7, 
and  subsection  (b)  of  Section  10  thereof;  and  that  the  applicant 
association  is  an  industrial  association  truly  representative  of  the 
aforesaid  Industry ;  and  that  said  Association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  Said  Marble  Contracting  Chapter  and  the  Code  of  Fair  Com- 
petition for  the  Construction  Industry,  as  supplemented  by  said 
Marljle  Contracting  Chapter,  are  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  Said  Marble  Contracting  Chapter  and  the  Code  of  Fair  Com- 
petition for  the  Construction  Industry,  as  supplemented  by  said 
Marble  Contracting  Chapter,  are  not  designed  to  and  will  not  elimi- 
nate or  oppress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

(f )  Those  engaged  in  other  steps  of  the  economic  process  have  not 
been  deprived  of  the  right  to  be  heard  prior  to  approval  of  said 
Marble  Contracting  Chapter  and  of  said  Code,  as  supplemented  by 
this  Marble  Contracting  Chapter  thereof. 

For  these  reasons,  therefore,  I  have  approved  said  Marble  Con- 
tracting Chapter  of  the  Code  of  Fair  Competition  of  the  Construction 
Industry. 

Respectfully, 

Huc^H  S.  Johnson, 

A  dministrator. 
August  11,  1934. 


Chapter  XVTI 

SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  MARBLE  CONTRACTING  DIVISION  OF  THE  CON- 
STRUCTION INDUSTRY 

Article  I — Definitions 

Section  1.  The  term  "  Marble  Contracting  Division "  or  "  this 
Division  "  as  used  herein  is  defined  to  mean  and  include  the  assem- 
bling, installing,  erecting  or  repairing  of: 

(a)  Interior  Marble  in  building  structures,  including  modifica- 
tions thereof; 

(b)  Exterior  Marble  customarily  erected  by  Marble  Masons; 

(c)  Such  other  marble  or  related  materials  as  may  from  time  to 
time  be  included  under  the  provisions  of  this  Chapter. 

Section  2.  The  term  "Association  "  as  used  herein  shall  mean 
the  National  Association  of  Marble  Dealers. 

Section  3.  The  term  "  Producer  "  as  used  herein  means  any  mem- 
ber of  the  Division  who  quarries  marble. 

Section  4.  The  term  "  Non-Producer  "  as  used  herein  means  any 
member  of  the  Division  who  does  not  quarry  but  who  finishes 
marble. 

Article  II — Hours,  Wages  and  Conditions  or  Employment 

Section  1.  Exetri'ptions  from  Cha'pter  I. — The  following  are  ex- 
empt from  provisions  of  Section  2  of  Article  III  of  Chapter  I 
of  this  Code  relating  to  maximum  hours  : 

(a)  Outside  salesmen  and  outside  estimators; 

(b)  Watchmen  who  may  be  permitted  to  work  not  in  excess  of 
fifty-six  (56)  hours  in  any  week, or  in  excess  of  six  (6)  days  in  any 
seven   (7)   day  period; 

(c)  Emergency  'Work. — Employees  engaged  in  emergency  work 
involving  breakdowns  or  protection  of  life  or  property  who  shall 
be  paid  at  an  overtime  rate  of  at  least  one  and  one-half  (11/2)  times 
the  normal  rate  for  all  hours  worked  in  excess  of  the  daily  and/or 
weekly  maximum; 

(d)  Employees  engaged  in  professional,  executive  or  supervisory 
capacity  regularly  earning  at  the  rate  of  not  less  than  thirty-five 
dollars  ($35.00)  per  week; 

(e)  No  employee  shall  be  permitted  to  work  more  than  six  (6) 
days  in  any  seven  (7)  day  period. 

Section  2.  Payment  of  Wages. —  (a)  Wages  due  shall  be  payable 
in  lawful  currency  or  its  equivalent  in  the  form  of  a  negotiable  check, 
payable  on  demand  at  par.  If  payment  is  made  by  check,  Members 
of   the   Division   so   paying   shall   make   reasonable  provision   for 


cashing  checks. 


(488) 


489 

(b)  Employers  and  their  Agents  shall  accept  no  rebates,  either 
directly  or  indirectly  on  such  wages. 

(c)  Wages  shall  be  payable  at  the  end  of  each  weekly  period. 

(d)  Wages  shall  be  exempt  from  any  payment  for  pensioiis, 
insurance  or  sick  benefits  except  such  as  is  voluntarily  paid  or 
authorized  to  be  deducted  by  employees. 

(e)  The  provisions  of  this  Section  regarding  payment  of  wages  at 
the  end  of  each  weekly  period  shall  not  apply  to  persons  employed  in 
executive,  administrative,  or  supervisory  capacity  nor  to  persons 
employed  in  clerical  or  office  work.  Wages  or  salaries  of  persons 
noted  in  this  paragraph  shall  be  payable  at  least  monthly.  Super- 
visors are  defined  as  those  who  perform  no  manual  labor. 

Section  3.  Employer  Compliance  with  Hours. — Any  member  of 
the  Division  shall,  as  far  as  permitted  under  the  Act,  be  subject  to 
the  applicable  maximum  hourly  limitations  provided  in  this  Code  in 
the  performance  by  him  of  manual  labor  or  operations  customarily 
performed  by  employees. 

Section  4.  Safety  and  Health  Standards. — 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  Divisional  Code 
Authority  to  the  Administrator  within  six  (6)  months  after  the 
effective  date  of  this  Code. 

Section  5.  Evasion. — In  no  case  shall  a  member  of  the  Division 
avoid  or  evade  the  labor  provisions  of  this  Chapter  by  contracting 
his  work  to  any  person  or  persons  subject  to  labor  provisions  less 
stringent  than  those  provided  in  this  Chapter.  No  member  of  the 
Division  shall  let  solely  the  labor  on  a  setting  job  to  a  workman  op 
workmen. 

Section  6.  Limited  Capacity. — Persons  whose  earning  capacities 
are  limited  because  of  age,  physical  or  mental  handicap,  or  other 
infirmity,  may  be  employed  on  light  work  at  a  wage  below  the  mini- 
mum established  by  this  Code,  if  the  member  of  the  Division  who 
is  the  employer  thereof  obtains  from  the  State  Authority,  designated' 
by  the  United  States  Deparment  of  Labor,  a  certificate  authorizing 
such  person's  employment  at  such  wages  and  for  such  hours  as  shall 
be  stated  in  the  certificate.  Each  member  of  the  Division  shall  file 
monthly  with  the  Divisional  Code  Authority  a  list  of  all  such  per- 
sons employed  by  him,  showing  the  wages  paid  to,  and  the  maximum 
hours  of  work  for,  such  employees.  The  total  number  of  said  em- 
ployees shall  at  no  time  exceed  five  (5)  per  cent  of  the  number  em- 
ployed by  the  particular  member  of  the  Division. 

Article  III — Administration 

Section  1.  Orgamzation  mul  Constitution  of  Code  Authonty. — 
A  Code  Authority  is  hereby  constituted  to  administer  the  provisions 
of  this  Code,  and  shall  consist  of  seven  (7)  members  to  be  elected 
as  follows : 

(a)  Of  four  (4)  members,  two  (2)  shall  be  "non-producers"  and 
members  of  the  Association,  and  two  (2)  shall  be  "  producers  "  and 
members  of  the  National  Association  of  Marble  Producers,  and  the 


490 

Association.  One  (1)  of  these  four  (4)  members  shall  be  the 
President  of  the  Association.  The  members  (member,  if  President 
i$  a  producer)  who  are  producers  shall  be  elected  by  the  Board  of 
Directors  of  tlie  National  Association  of  Marble  Producers,  and  the 
ipembers  (member,,  if  President  is  non-producer)  who  are  non-pro- 
ducers shall  be  elected  by  the  Board  of  Directors  of  the  Association. 
'J'hese  members  .shall  serve  until  the  next  annual  meeting  of  the  As- 
sociation, and  their  successors  shall  be  elected  in  the  same  manner. 
J  (b)  One  (1)  member  shall  be  elected  by  a  majority  vote  of  the 
members  of  the  Industry  within  the  Metropolitan  District  of  the  City 
of  New  York  (which  shall  include  Greater  New  York,  Long  Island 
and  the  territory  within  twenty -five  (25)  miles  from  the  present 
!^ew  York  City  line)  at  a  meeting,  the  time  and  place  of  which  shall 
Ipe  designated  by  the  Secretary  of  the  Marble  Industry  Employers' 
Association  of  ^Nfew  York  and  vicinity.  Notice  of  said  meeting  shall 
be  sent  by  that  Secretary  within  ten  (10)  days  after  the  effective  date 
o'f  the  Code  by  registered  mail  to  all  known  members  of  the  Industry 
within  this  area  as  defined  above,  and  shall  specifically  state  that 
voting  at  the  meeting  may  be  in  person  or  by  proxy. 
^'-  (c)  One  (1)  member  shall  be  elected  by  a  majority  vote  of  the 
members  of  the  Industry  within  the  Pacific  Coast  area  (which  shall 
include  the  States  of  California,  Oregon,  Washington,  Idaho,  Ne- 
vada, Utah  and  Arizona)  at  a  meeting,  the  time  and  place  of  which 
shall  be  designated  by  the  Secretary  of  the  Association  or  other  party 
authorized.  Notice  of  said  meeting  shall  be  sent  by  the  Secretary 
or  other  authorized  party  within  ten  (10)  days  after  the  effective 
4ate  of  the  Code  by  registered  mail  to  all  known  members  of  the 
Industry  witl>i];i  the  above  defined  area,  and  shall  specifically^  state 
that  voting  at  the  meeting  may  be  in  person  or  by  proxy. 
.  (d)  One  (1)  member  who  shall  be  a  member  of  the  Industry  but 
liot  a  member  of  either  the  Association  or  the  National  Association 
of  Marble  Producers  or  located  in  either  of  the  tAvo  (2)  above  speci- 
-:^ed  regions,  shall  be  elected  by  a  majoritj^  vote  of  the  other  six  (6) 
ijiembers  of  the  Code  Authority,  shall  be  approved  by  the  Admin- 
istrator, and  shall  serve  until  such  time  as  the  non-members  of  said 
Association  shall,  pursuant  to  a  method  of  election  satisfactory  to 
the  Administrator,  elect  his  successor. 

(e)  The  members  of  the  Code  Authority,  except  the  members  as 
s^elected  in  Section  1  (a),  shall  serve  for  a  period  of  one  (1)  year, 
o^"  until  their  successors  are  elected.  Upon  any  vacancy  occurring 
in  the  Code  Authoritj'^  the  vacancy  shall  be  filled  by  an  election  by 
tlie  remaining  members  of  the  Code  Authority,  which,  however, 
shall  maintain  the  representation  as  to  producers,  non-producers  and 
areas  set  out  in  (a),  (b),  (c),  and  (d)  of  Section  1,  except  that  a 
member  elected  to  fill  a  vacancy  covered  by  paragraph  (cl)  shall  be 
approved  by  the  Administrator. 

•  Section  2.  Powers  and  Duties. — The  Divisional  Code  Authority 
fe'liall  have  in  addition  to  the  powers  and  duties  conferred  upon  it 
by  Chapter  I  hereof,  the  following  powers  and  duties  applicable 
to  the  Marble  Contracting  Division : 

(a)  Conwiissiojier. — To  appoint  an  impartial  Commissioner  who 
shall  serve  as  its  Agent.     Said  Commissioner  shall  have  such  author- 


491 

ity  and  perform  such  duties  as  herein  set  forth,  and  as  the  Divisio'nal 
Code  Authority  may  from  time  to  time  delegate  to  him ;  but  nothing 
contained  herein  shall  relieve  the  Divisional  Code  Authority  of  its 
duties  and  responsibilities ; 

(b)  Trade  Practice  Committee. — 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  Divisioii 
for  the  purpose  of  formulating  fair  trade  practices  to  govern  the 
relationships  between  production  and  distribution  employers  undet* 
this  Code  and  under  such  others  to  the  end  that  such  fair  trade 
practices  may  be  proposed  to  the  Administrator  as  amendments  t^ 
this  Code  and  such  other  Codes; 

(c)  Standard  Forms. — To  devise  standard  forms  of  proposals  and 
contracts,  which  forms  shall  protect  the  rights  of  both  buj^ers  and 
sellers,  and  apply  for  the  approval  of  the  Administrator  and  the 
Construction  Code  Authority  to  these  forms.  ; 

Section  3.  Code  Expense. —  (A)  It  being  found  necessary,  in  order 
to  support  the  administration  of  this  Code  and  to  maintain  th6 
standards  of  fair  competition  establislied  by  this  Code  and  to  ef- 
fectuate the  policy  of  the  Act,  the  Divisional  Code  Authority  is 
authorized,  subject  to  the  approval  of  the  Administrator : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  the  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 
Division ; 

(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  Division,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

(B)  Only  memt^rs  of  the  Division  complying  with  the  Code  and 
contributing  to  the  expense  of  its  administration  as  provided  ill 
paragraph  (A)  hereof  shall  be  entitled  to  participate  in  the  selec- 
tion of  the  members  of  the  Divisional  Code  Authority  or  to  receive 
the  benefit  of  its  voluntary  activities  or  to  make  use  of  any  emblem 
or  insignia  of  the  National  Recovery  Administration.  ~ 

Section  4.  New  York  Regional  Committee. — (1)  A  Regional  Com-'- 
mittee  is  hereby  constituted  to  administer  the  provisions  of  this  Code 
in  the  Metropolitan  District  of  the  City  of  New  York  (which  shall 
include  Greater  New  York,  Long  Island  and  the  territory  within* 
twenty-five  (25)  miles  from  the  present  New  York  City  line), 
and  shall  consist  of  five  members  to  be  selected  as  follows :  ^' 

(a)  Three  members  of  the  Division  who  are  members  of  the  Mar- 
ble Industry  Emploj^ers  Association  of  New  York  and  vicinity  to  b^ 
elected  by  the  Executive  Committee  of  the  Marble  Industry  Em- 
ploj'^ers'  Association  of  New  York  and  vicinity. 


492 

(b)  Two  members  who  are  also  members  of  the  Division  to  be 
elected  by  the  members  of  the  Division  within  the  Metropolitan 
District  of  the  City  of  New  York,  as  defined  above,  who  are  not 
members  of  the  Marble  Industry  Emplo3''ers'  Association  of  New 
York  and  vicinity.  Within  ten  days  after  approval  of  this  Division, 
the  Secretary  of  the  Marble  Industrj^  Employers'  Association  of 
New  York  and  vicinity  shall  notify  every  known  member  of  the 
Industry  within  the  said  area,  not  a  member  of  the  INIarble  Industry 
Employers'  Association  of  New  York  and  vicinity,  stating  a  time 
and  place  for  the  election  to  take  place,  such  election  to  be  held 
within  ten  days  thereafter,  and  statino-  that  voting  shall  be  in  person 
or  by  proxy.  The  two  members  shall  be  elected  by  members  of  the 
Division  present  in  person  or  by  proxy  at  such  meeting,  by  a  major- 
ity vote  of  members  of  the  Division  present  in  person  or  by  proxy. 

"The  method  of  election  of  said  Kegional  Committee  shall  be  ap- 
proved by  the  Code  Authority  and  the  Administrator. 

(c)  The  Code  Authority  member  for  the  Metropolitan  District  of 
the  City  of  New  York,  selected  in  accordance  with  Article  III,  Sec- 
tion 1  (b)  shall  be  one  of  the  five  members  of  this  Regional  Commit- 
tee. 

(2)  This  Regional  Committee  shall  have  the  following  powers 
and  duties  and  such  other  powers  and  duties  as  may  be  delegated 
by  the  Code  Authority  and  shall  exercise  such  powers  subject  to 
review  by  the  Code  Authority,  and  disapproval  of  the  Code  Author- 
ity. 

(a)  To  appoint  a  Regional  Commissioner  who  shall  serve  as  its 
disinterested  and  impartial  Agent  within  said  district  in  the  perform- 
ance of  the  duties  delegated  to  the  "  Commissioner  "  under  Sections 
1  to  15  inclusive  of  Subdivision  "  B  "  of  Article  IV  of  this  Code, 
and  any  additions  or  amendments  thereto; 

(b)  To  appoint  a  regional  trade  practice  committee  for  the  pur- 
pose of  formulating  fair  trade  practices  to  govern  the  members  of 
the  Division  within  said  distnct,  to  the  end  that  such  fair  trade 
practices  may  be  proposed  to  the  Code  Authority  for  approval  and 
transmission  to  the  Administrator  for  approval; 

(c)  To  cause  to  be  formulated  an  accounting  system  and  methods 
of  cost  finding  and/or  estimating  capable  of  use'by  all  members  of 
the  Division  in  said  district,  which  shall  be  submitted  to  the  Code 
Authority  for  approval  and  transmission  to  the  Administrator  for 
approval.  If  approved  by  the  Administrator,  full  information  con- 
cerning such  methods  shall  be  made  available  to  all  members  of  the 
Division  in  said  district.  Thereafter,  each  member  of  the  Division 
in  said  district  shall  utilize  such  methods  to  the  extent  found  prac- 
ticable. Nothing  herein  contained  shall  be  construed  to  ])ermit  the 
Regional  Committee,  any  agent  thereof,  or  any  member  of  the  Divi- 
sion in  said  district,  to  suggest  uniform  additions,  percentages,  or 
differentials  or  other  uniform  items  of  cost  wdiich  are  designed  to 
bring  about  arbitrary  uniformity  of  costs  or  prices ; 

(d)  To  submit  to  the  Code  Authority  full  and  complete  copies  of 
all  minutes  and  records  and  such  other  information  as  the  Code 
Authority  or  the  Administrator  may  require. 

(3)  Each  member  of  the  Division  in  said  District  shall  pay  an 
equitable  proportion  of  the  expenses  of  the  Regional  Committee 


493 

in  the  administration  of  the  above  provisions  of  this  Code,  and  all 
members  of  the  Division  in  said  District  shall  pay  his  or  its  equitable 
share  of  the  expense  of  maintaining  the  Code  Authority  in  the  ad- 
ministration of  this  Code  as  provided  in  Section  3  of  Article  III, 
and  such  assessment  shall  make  due  allowance  for  the  expense  of 
any  Code  Authority  activity  which  is  performed  for  the  Code 
Authority  by  the  Regional  Code  Committee  in  the  Metropolitan 
District  of  the  City  of  New  York. 

Section  5.  Review  of  Acts. — If  the  Administrator  shall  deter- 
mine that  any  action  of  the  Divisional  Code  Authority  or  any  agency 
thereof  may  be  unfair  or  unjust  or  contrary  to  the  public  interest, 
the  Administrator,  to  the  extent  of  his  power  under  the  Act,  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action  and  further  consideration 
by  the  Divisional  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. 

Article  IV — Trade  Practices 

SUBDIVISION  A 

The  following  practices  constitute  unfair  methods  of  competition 
for  members  of  the  Division  and  constitute  violations  of  the  Code: 

Section  1.  Breach  of  Contract. — ^AVilfully  inducing  or  attempting 
to  induce  the  breach  of  existing  contracts  between  competitors  and 
their  customers  by  any  false  or  deceptive  means  whatsoever,  or  inter- 
fering with  or  obstructing  the  performance  of  any  such  contractual 
duties  or  services  by  any  such  means. 

Section  2.  Misrepresc7itation. — Publishing  advertising  (whether 
printed,  radio,  display  or  of  any  other  nature),  which  is  misleading 
or  inaccurate  in  any  material  particular,  or  misrepresenting  any 
goods  (including  but  without  limitation  its  use,  trademark,  grade, 
quality,  quantity,  origin,  size,  substance,  character,  nature,  finish, 
material,  content  or  preparation)  of  credit  terms,  values,  policies, 
services,  or  the  nature  or  form  of  the  business  conducted. 

Securing  information  from  competitors  concerning  their  busi- 
nesses by  false  or  misleading  statements  or  representations  or  by 
false  impersonations  of  one  in  authority. 

Section  3.  Rehates. — The  secret  payment  or  allowance  of  rebates, 
refunds,  commissions,  or  unearned  discounts,  whether  in  the  form  of 
money  or  otherwise,  or  secretly  extending  to  certain  purchasers 
special  services  or  privileges,  not  extended  to  all  purchasers  under 
like  terms  and  conditions,  for  the  purpose  of  influencing  a  sale. 

subdivision  b 

The  following  practices  are  adopted  as  supplemental  to  the  provi- 
sions entitled  "  Competitive  Bidding  Practices  "  set  forth  in  Article 
VII  of  Chapter  I,  but  apply  only  to  members  of  this  Division,  and 
a  violation  of  these  practices  also  constitute  an  unfair  method  of 
competition  and  a  violation  of  the  Code : 


494 

Section  1.  Standard  Forms. — All  persons  engaged  in  the  Division 
shall  use  standard  forms  of  proposals  and  contracts  after  they  have 
been  approved  by  the  Administrator  and  Construction  Code  Author- 
ity, except  on  United  States,  State  or  Municipal  proposals  and  con- 
tracts where  a  different  form  is  required  by  law,  regulation  or 
ordinance. 

Section  2.  (a)  There  shall  be  no  disclosure  of  competitive  bids 
except  as  herein  provided,  or  misleading  or  deceiving  as  to  the 
amount  or  conditions  of  competitive  bids,  and  no  peddling  or  shop- 
ping as  defined  in  Chapter  I,  and  no  misrepresentations  as  to  prices. 

(b)  All  bidders  on  a  competitive  job  shall  submit  their  bona  fide 
and  final  bids  in  the  first  instance  and  no  changes  shall  be  made  for 
a  period  of  ten  (10)  months  after  closing  date  by  any  bidders  except 
those  due  to  figuring  changes  in  plans  and  specifications,  and  in  figur- 
ing such  changes,  including  separation  of  bids  on  different  parts  of 
the  work,  the  same  basis  of  unit  prices  and  the  same  allowance  for 
overhead  and  profit  shall  be  used  as  that  upon  which  the  original  bid 
was  based. 

Section  3.  Definite  CJosing  Date. —  (a)  Competitive  bids  shall  be 
submitted  only  when  a  definite  closing  date,  the  day  and  the  hour, 
has  been  set  by  the  party  requesting  the  bids,  and  the  plans  and 
specifications,  or  the  request  for  bids,  fully  identify  the  building 
for  which  the  marble  work  is  intended.  The  closing  date  shall  mean 
the  specific  hour  designated  for  the  receiving  of  competitive  bids,  as 
provided  in  Section  7,  Article  VII  of  Chapter  I.  In  the  event  the 
bids  are  being  received  by  general  contractors,  such  bids  are  to  be 
in  their  possession  at  least  twenty-four  (24  hours)  before  the  closing 
date,  as  herein  defined. 

(b)  Every  bidder  must  inunediately  notify  the  Commissioner,  by 
wire  if  necessary,  of  the  closing  date  named  in  the  request  for  a  bid. 
If  different  closing  dates  are  named,  the  Commissioner  shall  ascer- 
tain the  correct  closing  date,  and  notify  the  respective  bidders 
accordingly. 

(c)  Every  bidder  on  a  job  shall  prepare  a  carbon  copy  of  his 
bid  and  send  it  to  the  Commissioner.  This  copy  must  be  a  true 
carbon  copy  of  the  actual  bid,  but  must  contain  also  a  list  of  the 
names  of  all  parties  to  whom  it  has  been  submitted.  If  other  than 
marble  work  (including  only  marble  and  marble  tile)  is  included 
in  the  bid,  the  marble  bid  shall  be  separately  stated  in  the  bid  itself. 

(d)  The  copy  for  the  Commissioner  shall  be  mailed  not  later  than 
the  delivery  or  mailing  of  the  bid  to  the  party  requesting  the  bid, 
and  in  any  case,  not  later  than  twenty-four  (24)  hours  before  the 
closing  date.  In  cases  where  strict  compliance  with  this  rule  is  im- 
possible, all  the  essential  facts  and  the  amount  of  the  bid  shall  be 
filed  in  the  telegraph  office  for  transmission  by  wire  to  the  Commis- 
sioner not  later  than  twenty-four  (24)  hours  before  the  closing  date. 

(e)  Copies  of  all  bids  sent  to  the  Commissioner  shall  be  enclosed 
in  an  envelope  which  plainly  indicates  that  they  are  bids  on  the 
particular  job.  The  Commissioner  shall  not  open  them  until  the 
day  after  the  closing  date. 

(f)  In  case  a  closing  date  is  changed  by  the  party  requesting 
bids,  every  marble  bidder  learning  of  it  shall  immediately  notify 


495 

the  Commissioner  by  telegraph  or  telephone,  if  necessary,  who  shall 
immediately  notify  all  prospective  bidders  by  telegraph  or  telephone, 
if  necessary. 

(g)  Bids  shall  be  withheld  until  adequate  time  is  allowed  for  the 
preparation  of  intelligent  bids,  and  prospective  bidders  shall  notify 
the  Commissioner  of  their  action  and  their  reason  therefor. 

Section  4.  Limiting  Aviount. — The  provisions  in  the  above  Sec- 
tion 3  of  this  Article  shall  apply  to  all  bids  amounting  to  One 
Thousand  Dollars   ($1,000)   or  more. 

Section  5.  Invitation  to  Bid. — Any  member  of  the  Division  in- 
vited and  intending  to  submit  either  a  formal  bid  or  a  preliminary 
estimate  on  a  contract  likely  to  amount  to  One  Thousand  Dollars 
($1,000)  or  more,  shall  immediately  report  the  fact  to  the  Commis- 
sioner, giving  the  name  of  the  building,  architect,  and  general 
contractor.  He  shall  also  report  the  closing  date,  if  any,  established 
by  the  party  requesting  the  bid,  or  in  the  case  of  a  preliminary 
estimate,  the  date  when  the  same  is  desired.  No  bid  or  jjreliminary 
estimate  shall  be  made  by  members  of  the  Division  on  a  set  of  plans 
or  specifications,  or  other  information,  which  do  not  completely 
identify  the  building. 

Section  6.  Preliniinary  Estimates. — Any  member  of  the  Division 
submitting  a  preliminary  estimate  on  a  contract  amounting  to  One 
Thousand  Dollars  ($1,000)  or  more,  shall  send  to  the  Commissioner 
a  caroon  copy  thereof,  together  with  the  names  of  all  parties  to 
whom  it  has  been  submitted.  Preliminary  estimates  shall  be  plainly 
marked  as  such. 

Section  7.  Non-Competitive  Bids. —  (a)  Anyone  submitting  what 
he  understands  to  be  a  non-competitive  bid,  shall  forward  a  carbon 
copy  thereof  to  the  Commissioner,  together  with  the  name  of  the 
party  to  whom  submitted  and  a  statement  that  the  bid  is  non-com- 
petitive. Should  no  other  bids  on  the  same  job  be  received,  the 
Commissioner  shall  keep  the  whole  matter  confidential,  but  should 
other  bids  on  the  same  job  be  received,  the  Commissioner  shall 
notify  all  the  bidders  of  the  facts  excluding  any  information  which 
is  herein  prevented  from  being  disclosed  in  connection  with  competi- 
tive bids,  and  the  matter  shall  be  treated  as  a  case  of  competitive 
bidding. 

(b)  A  continuous  non-competitive  negotiation  without  a  bid, 
culminating  in  the  definite  award  of  a  contract,  shall  not  be  subject 
to  the  requirements  of  the  foregoing  paragraph  (a)  but  the  facts 
of  the  award  and  the  amount  of  the  contract  shall  be  reported  to 
the  Commissioner. 

(c)  Bids  submitted  to  general  contractors  prior  to  the  award  of 
the  general  contract,  shall  in  no  case  be  regarded  as  non-competitive 
No  bid  submitted  to  more  than  one  (1)  party  shall  be  regarded  as 
non-competitive. 

Section  8.  Insuring  Bona-Fide  Competition. — Prior  to  the  clos- 
ing date,  the  Commissioner  shall  withhold  from  ail  persons  what- 
soever any  information  as  to  the  actual  or  prospective  bidders  on 
any  job. 

Section  9.  Distribution  of  Bids  to  Bidders. — The  Commissioner 
shall  prepare  a  schedule  of  all  the  bids  received  on  any  competitive 

86360—34 22 


496 

job,  showing  amounts  of  bids,  names  of  bidders  and  names  of  those 
to  whom  each  bid  has  been  submitted.  This  information  shall  be 
complete  in  all  details,  including  amounts  named  on  all  alternates. 
On  the  day  after  the  closing  date,  or  as  soon  thereafter  as  possible, 
a  copy  of  this  schedule  shall  be  mailed  to  every  bidder  who  has 
complied  with  the  provisions  for  bidding,  and  to  no  one  else.  This 
information  shall  not  be  given  to  anyone  who  is  not  one  of  the 
bidders,  nor  to  any  other  person,  except  the  bidders  described  and 
the  Administrator,  if  he  so  requests.  Preliminary  estimates  shall 
be  kept  confidential  and  shall  not  be  distributed. 

Section  10.  Certain  Alternative  Bids  Not  To  Be  Disclosed. — 
When  a  bidder  submits  an  alternative  bid  and  no  other  alternative 
bid  is  submitted  on  the  same  material,  the  facts  of  the  submission 
of  this  bid  and  the  name  of  the  bidder  shall  be  disclosed  to  the 
other  bidders,  but  the  amount  thereof  shall  not  be  disclosed.  This 
alternative  bid  shall  be  treated  in  the  same  way  as  a  single  bid. 

Section  11.  A  Single  Bid  Does  Not  Constitute  Gomfetition. — 
AVhere  competitive  bids  are  asked  for  and  only  one  is  received, 
there  is  no  competition,  and  if  the  party  requesting  the  bids  asks 
for  additional  ones,  additional  bids  may  be  submitted  on  a  new 
closing  date  as  though  no  bidding  had  occurred. 

Section  12.  Accepting  Contracts  After  Competitive  Bidding. — 
(a)  At  any  time  after  the  closing  date,  any  bidder  shall  be  free  to 
accept  a  contract  for  the  marble  work  concerned  on  the  basis  of  his 
bid  as  submitted.  All  bidders  shall  be  free  to  give  the  person  who 
has  the  letting  of  the  contract,  figures  for  omissions,  additions  and 
changes;  all,  however,  to  be  figui-ed  on  the  same  basis  as  that  used 
in  preparing  their  bids.  If  a  contract  is  awarded  on  a  competitive 
job  after  negotiations  of  this  sort,  or  on  the  basis  of  an  alternative 
bid  not  disclosed,  the  bidder  receiving  the  contract  shall  immediately 
send  a  certified  copy  of  the  contract  to  the  Commissioner,  and  shall 
certify  that  the  changes  have  been  figured  on  the  same  basis  as  his 
bid. 

(b)  If  no  changes  have  been  made,  and  the  contract  is  awarded 
at  the  total  amount  of  one  of  the  bids,  the  successful  bidder  shall 
immediately  report  the  facts  to  the  Commissioner.  After  the  marble 
work  has  been  awarded,  the  successful  bidder  shall  send  a  cer- 
tified copy  of  the  contract  to  the  Commissioner. 

(c)  The  Commissioner  shall  compare  copies  of  contracts  with 
the  bids  on  which  such  contracts  are  based,  and  report  to  the 
Divisional  Code  Authority  any  material  variation  from  the  terms 
thereof, 

Section  13.  Reporting  Award  of  Contract  to  Bidders. — After  the 
contract  on  any  job  has  been  awarded,  the  Commissioner  shall  re- 
port to  all  the  bidders,  all  the  essential  facts  pertaining  thereto, 
and  shall  then  disclose  to  the  bidders,  the  amounts  of  any  alterna- 
tive bids  previously  kept  confidential  in  accordance  with  Section 
10  of  this  Article. 

Section  14.  Withdraiml  of  Bids. — (a)  Bidders  may  state  in  their 
bids  the  time  limit  after  the  closing  date  within  which  the  bid 
must  be  acted  upon  and  no  bidder  shall  withdraw  his  bid,  except 
;as  herein  provided,  within  such  time  limit.     In  case  no  such  time 


497 

limit  is  stated  within  the  bid,  no  bidder  shall  withdraw  his  bid 
for  a  period  of  thirty  (30)  days  after  the  closing  date, 

(b)  Exceptions. — A  bona-fide  error  shall  be  grounds  for  with- 
drawal of  bids,  provided  that  in  cases  of  bidding  to  general  con- 
tractors, or  the  equivalent  thereof,  notice  of  withdrawal  must  be 
delivered  to  all  persons  to  whom  such  bids  were  sent  at  least  four 
(4)  hours  in  advance  of  the  closing  date  (day  and  hour)  appli- 
cable to  general  contractors'  bids,  and  a  bid  so  withdrawn  shall  not 
be  replaced  witli  another  bid. 

Section  15.  New  Bidding  on  Revised  Plans  and  Specifications. — 
Except  as  provided  in  Section  12,  bids  shall  not  be  submitted  on 
the  same  plans  and  specifications  for  a  period  of  ten  (10)  months 
after  the  closing  date,  and  after  a  set  of  competitive  bids  has  been 
submitted ;  but  if  bids  are  rejected,  and  new  bids  invited  on  revised 
plans  and  specifications,  the  following  provisions  shall  apply  with 
respect  to  the  submission  of  bids  by  members  of  the  Division: 

(a)  If  the  revisions  are  in  quantities  of  marble  only,  and  the 
total  change  does  not  amount  to  more  than  twenty-five  (25)  per  cent 
of  the  total  quantity  of  marble  originally  called  for,  no  member  of 
the  Division  who  did  not  submit  a  bid  on  the  original  plans  and 
specifications  shall  bid  upon  such  revised  plans  and  specifications; 

(b)  If  the  revisions  involve  changes  in  the  kind  of  marble  only 
and  such  revisions  do  not  involve  changing  more  than  twenty-five 
(25)  per  cent  of  the  quantity  originally  called  for,  no  member  of 
the  Division  who  did  not  submit  a  bict  on  the  original  plans  and 
specifications  shall  bid  upon  such  revised  plans  and  specifications; 

(c)  If  quantities  are  changed,  and  the  kinds  of  marble  are  also 
changed,  and  if  the  sum  of  the  changes  does  not  amount  to  more 
than  twenty -five  (25)  per  cent  of  the  quantity  of  marble  called 
for.  no  member  of  the  Division  who  did  not  submit  a  bid  on  the 
original  plans  and  specifications  shall  bid  upon  such  revised  plans 
and  specifications ; 

(d)  Wh«n  bids  are  submitted  on  revised  plans  and  specifications, 
involving  changes  in  the  kind  of  marble,  if  a  kind  of  marble  called 
for  in  the  plans  and  specifications  previously  bid  upon  is  included 
in  the  revised  plans  and  specifications  as  an  alternate,  without 
changes  in  quantities  thereof  amounting  to  twenty-five  (25)  per 
cent  or  more,  no  member  of  the  Division  who  did  not  submit  a  bid 
on  such  kind  of  marble  in  the  original  plans  and  specifications 
shall  submit  a  bid  on  such  kind  of  marble  so  included  in  the  revised 
plans  and  specifications  as  an  alternate,  provided  that  this  rule 
shall  not  apply  unless  the  description  contained  in  the  original 
plans  and  specifications  of  the  marble  in  question  is  specific  as  to 
grade.  A  mere  general  specification  of  a  marble  from  a  given 
locality,  where  a  number  of  grades  and  kinds  are  produced,  shall 
not  be  sufficient  to  make  this  rule  operative. 

Section  16.  Original  Bidders. — Except  as  provided  in  Section 
15,  for  a  period  of  ten  (10)  months  after  the  closing  date  members 
of  the  Division  who  originally  submitted  bids  shall  be  the  only 
ones  permitted  to  submit  bids  on  the  same  job  to  any  additional 
contractors,  and  those  bids  shall  be  not  lower  than  the  ones  origi- 
nally submitted. 


498 

Section  17.  Joint  Bids. — Where  two  or  more  bidders  submit  »■ 
cooperative  bid  on  a  job,  tliis  bid  shall  be  plainly  marked  as  such 
and  contain  the  names  of  all  the  concerns  interested  in  it.  Each 
one  of  them  may  also  bid  individually  if  he  so  desires. 

Section  18.  Joh  Reduced  to  Less  than  $1^000. — Where  any  job- 
reported  as  over  One  Thousand  Dollars  ($1,000)  is  subsequently 
revised  to  less  than  that  figure,  the  facts  shall  be  reported  (by  the 
member  of  the  Division  so  figuring)  to  the  Commissioner  to  com- 
plete the  record. 

Article  V — Uniform  Accounting  System 

The  Divisional  Code  Authority  shall  cause  to  be  formulated  aiL 
accounting  system  and  methods  of  cost  finding  and/or  estimating 
capable  of  use  by  all  members  of  the  Division.  After  such  sj^stem 
and  methods  have  been  formulated  and  approved  by  the  Admin- 
istrator, full  details  concerning  them  shall  be  made  available  to 
all  members.  Thereafter,  all  members  shall  determine  and/or  esti- 
mate costs  in  accordance  with  the  principles  of  such  methods. 

Article  VI — Allowable  Costs 

Section  1.  A  member  of  the  Division  shall  not  sell  or  offer  to- 
sell  labor,  materials  and/or  services,  or  submit  a  bid,  or  accept  an 
order  or  contract,  below  the  allowable  cost  thereof. 

Section  2.  The  Divisional  Code  Authority  shall  determine  which 
items  of  cost  (as  defined  in  Article  V)  shall  be  included  in,  and  a 
method  and/or  formula  for  the  determination  of,  allowable  cost^ 
Such  determination  shall  be  approved  by  the  Administrator  before 
becoming  effective. 

Section  3.  Until  such  time  as  such  items  and  method  and/or- 
formula  shall  have  been  determined  and  approved  as  provided  in 
Section  2  of  this  Article  and  allowable  cost  defined,  allowable  cost 
shall  be  the  sum  of  a  bona  fide  estimate  of  the  following  items : 

(A)  Materials; 

(B)  Labor  and  Supervision  at  the  site; 

(C)  Job  Expense,  which  shall  include: 

(a)  Drafting; 

(b)  Transportation  of  Materials; 

(c)  Railroad  fare  (or  equal)  and/or  hotel  expense,  if  any,  neces- 
sary to  operation  at  the  site; 

(d)  Municipal  permits,  inspection  fee,  if  any; 

(e)  Insurance; 

(f)  Repairs  and  maintenance  of  tools  and  equipment  while  ac- 
tually used  on  the  job; 

(g)  Breakage  and  replacements  of  materials; 
(h)   Other  expenditures  at  the  job. 

(D)  Allow^ance  of  not  less  than  ten  (10)  per  cent  of  the  sum  of 
A,  B  and  C,  as  above,  for  overhead,  selling  and  administrative 
expense. 

(E)  For  the  purpose  of  this  temporary  allowable  cost  determina- 
tion nothing  shall  be  included  for  depreciation  on  unused  facilities, 


499 

'interest  on  indebtedness,  interest  on  investment,  or  for  selling  ex- 
ipense  other  than  included  in  Item  D. 

(F)  It  shall  be  a  defense  to  any  charge  of  violation  of  this  Section 
if  the  part}^  charged  shall  satisfy  the  Administrator  that  his  bid 
was  not  less  than  the  bona  fide  estimate  of  said  allowable  cost  of 
any  other  member  of  the  Division  who  submitted  a  bid  in  the  compe- 
tition in  which  the  offense  is  charged. 

Article  VII — Posting 

All  members  of  the  Division  shall  post  and  keep  posted  copies  of 
this  Code  (Chapter  I  and  this  Chapter)  in  conspicuous  places  acces- 
sible to  all  employees.  Every  member  of  the  Division  shall  comply 
with  all  rules  and  regulations  relative  to  posting  of  provisions  of 
codes  of  fair  competition  which  may  from  time  to  time  be  prescribed 
by  the  Administrator. 

Article  VIII — Registration  or  Members  of  the  Division 

Each  member  of  this  Division  within  thirty  (30)  days  after  the 
•effective  date  of  this  Chapter,  shall  register  with  the  Divisional  Code 
Authority.  All  members  of  this  Division  who  shall  be  within  the 
JVIarble  Contracting  Division  thereafter  shall  likewise  register  with 
the  Divisional  Code  Authority.  Registration  of  the  members  of  this 
Division  shall  include  the  full  name  and  mailing  address  of  such 
member.  Application  may  be  made  by  the  Divisional  Code  Au- 
thority to  the  Administrator  for  an  extension  of  the  time  limit  for 
registration  by  any  member  of  this  Division  if  it  appears  that  the 
time  limit  as  provided  herein  may  cause  injustice  or  undue  hardship 
to  any  member  of  this  Division. 

Article  IX — Reference  to  Provisions  or  Chapter  I 

The  provisions  of  Sections  7  (a)  and  10  (b)  of  the  Act,  which  are 
set  forth  in  Sections  1  and  6,  respectively,  of  Article  VIII  of  Chapter 
I  of  this  Code,  are  specifically  incorporated  herein  by  reference  with 
the  same  force  and  effect  as  if  set  forth  herein  in  full ;  all  other  pro- 
visions of  Chapter  I  of  this  Code,  except  as  herein  provided,  apply 
within  the  Division  with  the  same  force  and  effect  as  if  set  forth 
herein  in  full. 

Article  X — Modification 

Subject  to  the  provisions  of  Section  2  (c)  of  Subdivision  B  of 
Article  IV  of  Chapter  I  of  this  Code,  the  provisions  of  this  Chapter, 
except  as  to  provisions  required  by  the  Act,  may  be  modified  on  the 
basis  of  experience  or  changes  in  circumstances,  such  modifications 
to  be  based  upon  application  to  the  Administrator,  and  such  notice 
and  hearing  as  he  shall  specify,  and  to  become  effective  on  his 
approval. 


500 

Article  XI — Effective  Date 

This  Chapter  shall  become  effective  within  the  Division  on  the 
tenth  (10th)  day  after  the  approval  of  this  Chapter,  pursuant  ta 
the  Act. 

Approved  Code  No.  244 — Supplement  No.  17. 
Registry  No.  1023-2-14. 


Approved  Code  No.  347 — Supplement  No.  42 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

PULP  AND  PAPER  MACHINERY  INDUSTRY 

As  Approved  on  August  11,  1934 


ORDER 


Approving  Supplementary  Code  or  Fair  Competition  for  the  Pulp 
AND  Paper  Machinery  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  Indus- 
trial Recovery  Act,  approved  June  16,  1933,  for  approval  of  a 
Supplemental  Code  of  Fair  Competition  for  the  Pulp  and  Paper 
Machinery  Subdivision  of  Machinery  and  Allied  Products  Industry, 
and  hearing  having  been  held  thereon  and  the  annexed  report  on 
said  Supplemental  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  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is 
hereby  approved. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  11,  19Sk. 

(501) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  Home. 
Sir:  This  is  a  report  on  the  Supplemental  Code  of  Fair  Compe- 
tition for  the  Pulp  and  Paper  Machinery  Subdivision  of  Machinery 
and  Allied  Products  Industry,  a  public  hearing  on  which  was  held 
in  AVashington,  D.C.,  on  May  10,  1934.  The  hearing  was  con- 
ducted in  full  accordance  with  the  provisions  of  Title  I  of  the 
National  Industrial  Recovery  Act. 

GENERAL  STATEMENT 

The  Pulp  and  Paper  Machinery  Subdivision,  being  truly  repre- 
sentative of  the  manufacturers  of  the  products  defined  in  Article  II 
of  the  Supplemental  Code,  has  elected  to  formulate  and  submit  a 
Supplemental  Code  of  Fair  Competition  as  provided  in  the  second 
paragraph  of  Article  I  in  the  Code  of  Fair  Competition  for  the 
Machinery  and  Allied  Products  Industry,  approved  by  you  on  the 
seventeenth  day  of  March,  1934. 

The  Subdivision  includes  the  manufacture  for  sale  of  machinery 
and  equipment  used  directly  in  the  processing  of  pulp  and  paper 
in  pulp  mills,  paper  mills,  and  paper  converting  and  processing 
establishments  and/or  specially  designed  parts  therefor,  except 
paper  machines,  beaters  and  jordans  and  any  other  machinery  and 
equipment  and/or  parts  thereof  produced  under  the  provisions  of 
any  other  code  of  fair  competition  or  any  other  subdivision  of  this 
Basic  Code  heretofore  approved,  and  is  intended  to  include  all 
those  engaged  in  such  manufacture  for  sale. 

ECONOMIC  EFFECT 

It  is  estimated  that  this  Subdivision  in  1929  employed  approxi- 
mately 1,250  persons.  This  estimate  is  based  on  data  contained  in 
National  Recovery  Administration  questionnaires. 

According  to  a  summary  of  questionnaires  returned  by  fifteen 
members  of  the  Subdivision,  factory  employment  declined  60.4 
per  cent  from  1929  to  the  first  quarter  of  1933.  An  increase  in 
employment  of  11.4  per  cent  was  noted  from  June,  1933  to  Novem- 
ber, 1933.  Employment  in  November,  1933  was  approximately  35 
per  cent  below  the  1929  level. 

Annual  sales  of  the  Subdivision,  based  on  National  Recovery  Ad- 
ministration questionnaire  returns,  fourteen  concerns  reporting,  de- 
clined from  $6,743,000  in  1929  to  $2,223,000  in  1933,  or  67  per  cent. 

Approximately  64.9  per  cent  of  the  workers  were  employed  more 
than  40  hours  per  week  during  a  representative  week  of  June  1933. 
The  average  work-week  declined  from  47.5  hours  in  June  1929  to 
43.7  hours  in  June  1933,  and  38.6  hours  in  November,  1933. 

(502) 


503 

Man-hours  per  week  declined  45.3  per  cent  from  June,  1929  to 
November,  1933.  The  decline  from  June  1933  to  November  1933 
was  1.6  per  cent.  Due  to  the  fact  that  the  Subdivision  in  November 
1933  was  operating  on  an  average  of  38.6  hours  per  week,  little 
increase  in  employment  may  be  expected  as  a  result  of  the  adoption 
of  a  40-hour  week. 

Approximately  31.5  per  cent  of  the  factory  workers  employed  in 
June,  1933  were  receiving  less  than  40  cents  per  hour;  28.3  per  cent 
were  receiving  less  than  38  cents  per  hour;  25.1  per  cent  were 
receiving  less  than  36  cents  per  hour;  and  16.0  per  cent  were  receiv- 
ing less  than  32  cents  per  hour.  Based  on  the  distribution  of 
hourly  rates  for  June,  1933  the  adoption  of  the  minimum  wage 
rates  provided  by  the  code  will  effect  a  concomitant  increase  in  total 
payrolls  of  approximately  6.0  per  cent,  assuming  upward  adjust- 
ment in  the  brackets  below  the  40-cent  minimum  only  and  no  change 
in  man-hour  requirements. 

RESUME  OF  SUPPLEMENTAL  CODE 

Article  I  states  the  purpose  of  the  Supplemental  Code. 

Article  II  accurately  defines  specific  terms  applicable  to  the  Sub- 
division as  used  in  this  Supplemental  Code. 

Article  III  provides  for  the  adoption  of  the  employment  provi- 
sions of  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry,  as  approved  by  you,  and  as  from  time  to 
time  amended. 

Article  IV  provides  for  the  adoption  of  Articles  II,  VI  and  VIII 
of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied 
Products  Industry. 

Article  V  provides  for  the  establishment  of  a  Code  Authority 
and  defines  its  powers  and  duties. 

Article  VI  provides  for  an  accounting  system  and  methods  of 
cost  finding  and/or  estimating. 

Article  VII  provides  that  no  products  of  the  Subdivision  shall  be 
sold  or  offered  for  sale  below  a  reasonable  cost  when  the  Code 
Authority  determines  that  an  emergency  exists. 

Article  VIII  sets  forth  trade  practices  for  the  Subdivision. 

Article  IX  states  that  no  provision  of  this  Supplemental  Code 
relating  to  pricing  and  marketing  shall  apply  to  export  sales. 

Article  X  provides  that  this  Supplemental  Code  and  all  the 
provisions  thereof  are  expressly  made  subject  to  the  right  of  the 
President,  in  accordance  with  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.  Provision  is  also 
made  that  modifications  may  be  submitted  by  the  Code  Authority, 
the  jurisdiction  of  the  Basic  Code  Authority  in  accordance  with 
the  provisions  in  this  Article  governing  such  withdrawal. 

Article  XI  provides  for  the  withdrawal  of  the  Subdivision  from 

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

Article  XIII  states  the  effective  date  of  this  Supplemental  Code. 


504 

FINDINGS 

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

I  find  that : 

(a)  Said  Supplemental  Code  is  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  organi- 
zation of  industry  for  the  purpose  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of 
industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry,  _ 

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

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  an  industrial  association  truly  representative 
of  the  aforesaid  Subdivision;  and  that  said  association  imposes  no 
inequitable  restrictions  on  admission  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discrimi- 
nate against  them. 

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

For  these  reasons,  therefore,  I  have  approved  this  Supplemental 
Code. 

Respectfully, 


Hugh  S.  Johnson, 

A  dnvmistrator. 


August  11,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  PULP  AND  PAPER  MACHINERY  INDUSTRY 

A    DIVISION    OF    THE    MACHINERY    AND    ALLIED    PRODUCTS    INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  the  following  provisions  are  established  as  a  Supple- 
mental Code  of  Fair  Competition  for  the  Pulp  and  Paper  Machinery 
Subdivision  of  the  Machinery  and  Allied  Products  Industry,  and 
together  with  the  Code  of  Fair  Competition  for  the  Machinery  and 
Allied  Products  Industry,  shall  be  the  standard  of  fair  competition 
for  this  Subdivision,  and  shall  be  binding  on  every  employer  therein. 

Article  II — Definitions 

"Applicant "  means  the  Pulp  and  Paper  Machinery  Association,  a 
trade  organization,  all  members  of  which  are  engaged  in  the  manu- 
facture for  sale  of  the  products  of  the  Pulp  and  Paper  Subdivision 
of  the  Machinery  and  Allied  Products  Industry. 

"  Industry  "  means  the  Machinery  and  Allied  Products  Industry, 
as  defined  in  its  Code  of  Fair  Competition  as  approved  by  the  Pres- 
ident, and  as  such  definition  may  from  time  to  time  be  amended. 

"  Subdivision  "  means  the  Pulp  and  Paper  Machinery  Subdivision 
of  the  Machinery  and  Allied  Products  Industry  as  defined  and  set 
forth  in  x^rticle  II  of  the  Code  of  Fair  Competition  for  the 
Machinery  and  Allied  Products  Industry  as  follows : 

"  Pulp  and  Paper  Machinery  Subdivision  "  means  the  manufac- 
ture for  sale  of  machinery  and  equipment  used  directly  in  the  pro- 
cessing of  pulp  and  paper  in  pulp  mills,  paper  mills,  and  paper 
converting  and  processing  establishments  and/or  specially  designed 
parts  therefor,  except  paper  machines,  beaters  and  jordans  and 
any  other  machinery  and  equipment  and/or  parts  thereof  produced 
under  the  provisions  of  any  other  code  of  fair  competition  or  any 
other  subdivision  of  this  Basic  Code  heretofore  approved,  and  is 
intended  to  include  all  those  engaged  in  such  manufacture  for  sale. 

"  Code  "  means  the  Code  of  Fair  Competition  for  the  Machinery 
and  Allied  Products  Industry  as  approved  by  the  President,  March 
17,  1934,  and  as  from  time  to  time  amended. 

"  Person  "  means  a  natural  person,  a  partnership,  a  corporation, 
an  association,  a  trust,  a  trustee,  a  trustee  in  banlvruptcy,  a  receiver, 
or  other  entity. 

"  Employer  "  means  any  person  engaged  in  this  Subdivision  either 
on  his  own  behalf  or  as  an  employer  of  labor. 

"  Employee  "  means  anyone  who  is  employed  in  the  Subdivision 
by  any  such  employer. 

(505) 


506 

"  The  Act "  means  Title  I  of  the  National  Industrial  Recovery 
Act. 

"  The  President "  means  the  President  of  the  United  States. 

"  The  Administrator "  means  the  Administrator  for  Industrial 
Recovery. 

"  Basic  Code  Authority  "  means  the  Code  Authority  for  the  Ma- 
chinery and  Allied  Products  Industry  as  constituted  by  the  Code. 

"  Code  Authority  "  means  the  Code  Authority  constituted  for  this 
Subdivision  as  provided  by  the  Code  and  by  this  Supplemental  Code. 

"  Group  Code  Authority  "  means  the  Code  Authority  for  any 
group  or  product  classification  within  this  Subdivision. 

Article   III — Employment   Provisions 

The  following  Articles  of  the  Code,  viz:  Article  III,  "Working 
Hours";  Article  IV,  "Wages";  and  Article  V,  "General  Labor 
Provisions  "  are  hereby  made  a  part  of  this  Supplemental  Code,  with 
the  same  effect  as  if  they  were  written  into  this  Supplemental  Code.. 

Article  IV — Adoption  or  Other  Provisions  or  Code 

The  following  Articles  of  the  Code,  viz :  Article  II,  "  Definitions  " ; 
Article  VI,  "Administration  ",  to  the  extent  that  they  shall  be  ap- 
plicable to  this  Supplemental  Code  as  such  or  as  it  may  hereafter 
be  administered  as  an  autonomous  Code;  and  Article  VIII,  "Modi- 
fications and  Termination  ",  are  hereby  made  a  part  of  this  Supple- 
mental Code  with  the  same  effect  as  if  they  were  written  into  this 
Supplemental  Code. 

Article  V — Administration 

(a)  A  Code  Authority  for  this  Subdivision  is  hereby  constituted 
to  administer,  supervise,  and  facilitate  the  enforcement  of  the  Code 
and  of  this  Supplemental  Code  in  the  manner  and  to  the  extent  pro- 
vided in  the  Code  and  in  this  Supplemental  Code. 

(b)  During  a  period  not  to  exceed  sixty  (60)  days  following  the 
effective  date  and  pending  the  election  of  the  permanent  Code 
Authority,  the  Board  of  Directors  of  the  Applicant  shall  constitute 
a  temporary  Code  Authority. 

(c)  The  applicant  shall,  by  written  notice  mailed  to  all  employers 
whose  names  the  applicant  has  obtained  after  reasonably  diligent 
search,  call  a  meeting  of  the  employers  to  be  held  within  sixty  (60) 
days  after  the  effective  date  for  the  purpose  of  electing  a  permanent 
Code  Authority,  which  shall  consist  of  five  (5)  members,  and  for  the 
purpose  of  adopting  procedural  rules  and  regulations  for  the  organi- 
zation and  operation  of  the  permanent  Code  Authoritj'. 

Any  vacancy  on  the  Code  Authority  due  to  death,  resignation,  or 
because  a  member  thereof  has  ceased  to  be  connected  with  the  Sub- 
division, shall  be  filled  at  a  meeting  of  employers  called  by  the  Code 
Authority  on  at  least  ten  days'  notice  by  registered  mail  sent  to  all 
employers  in  this  Subdivision,  and  by  a  vote  similar  to  the  vote  by 
which  the  retired  member  was  originally  selected. 

The  Administrator  maj'',  in  his  discretion,  appoint  one  additional 
member  (without  vote  and  without  expense  to  the  Industry).    The 


507 

permanent  Code  Authority  so  elected  and  appointed  shall  super- 
sede the  temporary  Code  Authority. 

(d)  Any  employer  shall  be  entitled  to  vote  at  the  election  of 
the  permanent  Code  Authority  and  at  other  meetings  of  employers 
and  share  in  the  benefits  of  the  activities  of  Code  Authority  and 
may  participate  in  any  endeavors  of  Code  Authority  in  the  prepar- 
ation of  any  amendments  or  revisions  of,  or  additions  or  supplements 
to  this  Supplemental  Code  by  paying  or  agreeing  to  pay,  as  and 
when  assessed  his  proper  pro  rata  share  of  the  reasonable  cost  of 
administering  this  Supplemental  Code  as  determined  by  Code 
Authority. 

(e)  The  members  of  the  Permanent  Code  Authority  shall  be 
elected  by  a  majority  vote  of  employers  present  in  person  or  by  proxy. 
Each  employer  shall  have  one  vote.  The  eligibility  requirements 
for  such  voting  shall  be  as  provided  in  Section  (d)  of  this  Article  V. 
This  method  of  voting  and  the  eligibility  requirements  therefor 
shall  also  apply  to  all  other  matters,  except  for  additions  to,  amend- 
ments, revisions,  or  supplements  to  this  Supplemental  Code,  as 
provided  for  by  Article  X  of  this  Supplemental  Code,  and  With- 
drawal, as  provided  for  by  Article  XI  of  this  Supplemental  Code. 

(f )  Employers  in  this  Subdivision  having  a  common  interest  and 
common  problems  may  be  grouped  by  Code  Authority  for  Adminis- 
trative purposes.  There  may  be  a  Group  Code  Authority  approved 
or  appointed  by  Code  Authority  for  each  such  group. 

(g)  If  formal  complaint  is  made  to  the  Code  Authority  that 
provisions  of  this  Supplemental  Code  have  been  violated  by  any 
employer,  Code  Authority,  or  the  proper  Group  Code  Authority 
may  to  the  extent  permitted  by  the  Act  cause  such  investigation  or 
audit  to  be  made  as  may  be  deemed  necessary.  If  such  investigation 
is  made  by  Group  Code  Authority  it  shall  report  the  result  of  such 
investigation  or  audit  to  Code  Authority  for  action. 

(h)  The  Code  Authority  may  appoint  a  Trade  Practice  Com- 
mittee which  shall  meet  with  the  Trade  Practice  Committees  ap- 
pointed under  such  other  Codes  as  may  be  related  to  the  Subdivision 
for  the  purpose  of  formulating  fair  trade  practices  to  govern  the 
relationships  between  production  and  distribution  employers  under 
this  Supplemental  Code  and  under  such  others  to  the  extent  that 
such  fair  trade  practices  may  be  proposed  to  the  Administrator 
as  amendments  to  this  Supplemental  Code  and  such  other  codes. 

Article  VI — Accounting  and  Costing 

The  Code  Authority  shall  cause  to  be  formulated  an  accounting 
system  and  methods  of  cost  finding  and/or  estimating  capable  of 
use  by  all  employers  of  the  Subdivision.  After  such  system  and 
methods  have  been  formulated,  full  details  concerning  them  shall 
be  made  available  to  all  employers.  Thereafter  all  employers  shall 
determine  and/or  estimate  costs  in  accordance  with  the  principles  of 
such  methods. 

Article  VII — Selling  Below  Reasonable  Cost 

Section  1.  When  the  Code  Authority  determines  that  an  emer- 
gency exists  in  this  Subdivision  and  that  the  cause  thereof  is  destruc- 


508 

tive  price-cutting  such  as  to  render  ineffective  or  seriously  endanger 
the  maintenance  of  the  provisions  of  this  Supplemental  Code,  the 
Code  Authority  may  cause  to  be  determined  the  lowest  reasonable 
cost  of  the  products  of  this  Subdivision,  such  determination  to  be 
subject  to  such  notice  and  hearing  as  the  Administrator  may  require. 
The  Administration  ma}^  approve,  disapprove,  or  modify  the  determi- 
nation. Thereafter,  during  the  period  of  the  emergency,  it  shall  be 
an  unfair  trade  practice  for  any  employer  of  the  Subdivision  to  sell 
or  offer  to  sell  any  products  of  the  Subdivision  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  Author- 
ity, upon  its  own  initiative  or  upon  the  request  of  any  interested 
party,  shall  cause  the  determination  to  be  reviewed. 

Section  2.  The  foregoing  Section  (1)  shall  not  apply  to  (a) 
dropped  lines,  or  (b)  seconds,  or  (c)  inventories  which  must  be  con- 
verted into  cash  to  meet  emergency  needs,  all  of  which  may  be  dis- 
posed of  by  any  employer  at  any  price  and  on  any  terms  or 
conditions,  but  only  if  such  employer,  not  less  than  two  weeks  before 
such  proposed  disposal,  has  filed  with  Code  Authority,  a  statement 
in  writing  setting  forth  the  facts  of,  and  reasons  for,  such  proposed 
disposal  and  the  price  and  terms  and  conditions  of  sale,  and  Code 
Authority  has  not,  (with  the  approval  of  the  Administrator),  before 
the  termination  of  such  two  week  period,  in  writing,  disapproved  the 
proposed  disposal.  Notice  of  such  disposal,  if  not  disapproved, 
shall  be  sent  innnediately  to  all  employers  manufacturing  products 
of  equivalent  design,  character,  quality  or  specifications,  who  may 
sell  such  products  at  prices  and  (jn  terms  and  conditions  as  favorable 
as  those  stipulated  in  the  proposed  disposal,  when  meeting  the  com- 
petition of  such  proposed  disposal. 

Section  3.  The  foregoing  Section  (1)  shall  not  apply  to  a  sale 
made  in  order  to  meet  competition  on  products  manufactured  out- 
side the  United  States.  For  such  disposal,  any  employer  may  sell, 
at  prices  and  on  terms  and  conditions  as  favorable  as  those  of  the 
competing  foreign  product,  but  only  if  he  has  first  reported  to  the 
Code  Authority  his  intention  so  to  sell,  and  the  facts  as  to  the 
competition  which  justifies  such  action. 

Article  VIII — Unfair  Trade  Practices 

The  following  are  hereby  declared  to  be  unfair  trade  practices  and 
are  violations  of  this  Supplemental  Code,  viz : 

1.  No  employer  of  the  Subdivision  shall  secretly  offer  or  make 
any  payment  or  allowance  of  a  rebate,  refund,  commission  credit, 
unearned  discount  or  excess  allowance,  whether  in  the  form  of  money 
or  otherwise,  nor  shall  an  employer  of  the  Subdivision  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. 

2.  No  employer  of  the  Subdivision  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 


509 

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. 

3.  No  emploj'^er  of  the  SubdiAdsion  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,  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. 

4.  No  emplover  of  the  Subdivision  shall  indulge  in  destructive 
price-cutting. 

Article  IX — Sales  for  Exp(;rt 

The  provisions  of  this  Supplemental  Code  concerning  pricing  and 
marketing  are  not  to  apply  to  direct  export  sales  of  any  product,  or 
to  any  product  destined  ultimately  for  export.  The  term  "  export  " 
shall  include  all  shipments  to  all  places  without  the  several  states 
of  the  United  States  and  the  District  of  Columbia;  provided,  how- 
ever, that  no  shipment  to  any  territory  or  possession  of  the  United 
States  shall  be  considered  an  export  when  any  employer  is  engaged 
in  the  industry  in  such  territory  or  possession. 

Article  X — Modifications 

(a)  As  provided  by  Section  10  (b)  of  the  Act,  the  President  may 
from  time  to  time  cancel  or  modify  any  order,  approval,  license, 
rule,  or  regulation  issued  under  Title  I  of  the  Act. 

(b)  Any  amendments,  additions,  revisions,  or  supplements  of  this 
Supplemental  Code,  proposed  by  Code  Authority,  and  authorized 
by  the  affirmative  vote  of  66%%  of  the  employers  shall  be  in  full 
force  and  effect  upon  approval  by  the  President.  The  eligibility 
requirements  for  employers  for  such  voting  shall  be  the  same  as 
provided  by  Section  (d)  of  Article  V  hereof. 

Article  XI — Withdrawal 

Upon  thirty  (30)  days  notice  to  the  Basic  Code  Authority  and 
to  the  Administrator,  this  Subdivision  msij,  upon  the  concurring 
affirmative  vote  of  employers,  within  the  said  Subdivision  entitled 
to  cast  two-thirds  or  more  of  all  the  votes  that  might  be  cast  by  all 
employers  within  the  Subdivision  entitled  to  vote  thereon,  withdraw 
from  the  jurisdiction  of  the  Basic  Code  Authority.  The  eligibility 
of  voters  for  such  voting  shall  be  in  accordance  with  the  provisions 
of  Section  d  of  Article  V  hereof.  After  and  in  the  event  such  with- 
drawal is  accomplished  this  Supplemental  Code,  together  with  the 
provisions  of  the  Code  shall  become  and  be  the  sole  code  governing 
this  Subdivision,  and  the  Code  Authority  shall  for  this  Subdivision, 
become  and  be  the  sole  Code  Authority  and  shall  perform  all  the 
functions  with  respect  thereto. 


510 

Article  XII — Monopolies 

Applicant  imposes  and  shall  impose  no  inequitable  restrictions  on 
membership  therein.  The  Supplemental  Code  presented  by  it  is 
not  designed  to  promote  monopoly,  and  shall  not  be  so  construed  or 
applied  as  to  oppress  or  eliminate  small  enterprises  or  discriminate 
against  them,  and  is  designed  to  effectuate  the  policy  of  the  Act. 

Article  XIII — Effective  Date 

This  Supplemental  Code  shall  become  effective  and  binding  on 
all  persons  engaged  in  the  Subdivision  on  the  eleventh  day  after 
its  approval  by  the  President. 

Approved  Code  No.  347 — Supplement  No.  42. 
Registry  No.  1399-67. 


Approved  Code  No.  201 — Supplement  No.  21 
SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION 


FOR  THE 


COPPER,  BRASS,  BRONZE,  AND  RELATED 
ALLOYS  TRADE 

As  Approved  on  August  13,  1934 


ORDER 


Supplementary  Code  of  Fair  Competition  for  the  Copper,  Brass, 
Bronze  and  Related  Alloys  Trade 

a  division  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Copper,  Brass,  Bronze  and 
Related  Allo3^s  Trade  to  the  Code  of  Fair  Competition  for  the  Whole- 
saling or  Distributing  Trade,  and  hearings  having  been  duly  held 
thereon  and  the  annexed  report  on  said  Supplemental  Code,  con- 
taining findings  with  respect  thereto,  having  been  made  and  directed 
to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  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  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  13,  1934. 

86360—34 23  (511) 


REPORT  TO  THE  PRESIDENT 

The  Peesident, 

The  White  House. 
Sir:  This  is  a  report  of  the  hearing  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Wliolesale  Copper,  Brass,  Bronze  and 
Related  Alloys  Trade,  a  division  of  the  Wholesaling  or  Distributing 
Trade,  conducted  in  the  North  Private  Dining  Room  of  the  Carlton 
Hotel,  on  May  10,  1934,  The  Supplemental  Code  which  is  attached 
was  presented  by  duly  qualified  and  authorized  representatives  of 
the  Trade,  complying  with  the  statutory  requirements,  said  to  rep- 
resent 70  per  cent  in  number  and  about  85  per  cent  in  volume  of 
sales  of  the  Trade  which  could  be  included  in  this  Supplemental 
Code. 

THE  TRADE 

According  to  statistics  compiled  by  the  Division  of  Research  and 
Planning,  there  were  in  1933  approximately  two  hundred  (200)  firms 
engaged  in  the  Trade  employing  approximately  1,400  employees  in 
1933  and  having  an  invested  capital  of  approximately  $5,000,000. 
No  accurate  figures  are  available  concerning  the  annual  volume  of 
sales  but  the  Trade  estimates  that  approximately  $14,000,000  worth 
of  business  was  done  in  1933. 

HOURS  AND  WAGES 

The  hours  and  wages  provisions  of  this  Supplemental  Code,  which 
provisions  supplement  the  hours  and  wages  provisions  of  the  Code 
of  Fair  Competition  for  the  Wholesaling  or  Distributing  Trade, 
establish  a  maximum  40  hour  work  week  and  a  minimum  $15.00 
weekly  wage,  except  for  necessary  exceptions. 

OTHER    PROVISIONS   OF   THE    CODE 

The  provisions  containing  definitions  are  inclusive  and  accurate. 

The  administrative  provisions  of  the  Code  establish  a  Divisional 
Code  Authority  which  is  fairly  and  adequately  representative  of  all 
the  different  elements  in  the  Trade. 

The  trade  practices  proposed  are  not  considered  in  any  way 
objectionable. 

FINDINGS 

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

I  find  that: 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 

(512) 


513 

Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof, 
and  will  provide  for  the  general  welfare  by  promoting  the  organiza- 
tion of  industry  for  the  purpose  of  cooperative  action  among  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  use  of  the  present  productive  capacity  of  industries,  by 
avoiding  undue  restriction  of  production  (except  as  may  be  tempo- 
rarily required),  by  increasing  the  consumption  of  industrial  and 
agricultural  products  through  increasing  purchasing  power,  by  re- 
ducing and  relieving  unemployment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Trade  normally  employs  not  more  than  50,000  employees 
and  it  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade ;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(cl)  The  Supplemental  Code  is  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  jDractices. 

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

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

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

Hugh  S.  Johnson, 

A  dtninis  tra  tor. 
August  13,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  COPPER,  BRASS,  BRONZE  AND  RELATED  ALLOYS 
TRADE 

A   DIVISION   OF   THE   WHOLESALING   OR   DISTRIBUTING   TRADE 

Article  I — Purposes 

SUPPLEMENTING  ARTICLE  I  OF  THE  GENERAL  CODE 

To  effectuate  the  purposes  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Supplemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  Wholesale  Copper,  Brass,  Bronze  and 
Related  Alloys  Trade,  pursuant  to  Article  VI,  Section  I  (c)  of  the 
General  Code  of  Fair  Competition  for  the  Wholesaling  or  Dis- 
tributing Trade,  approved  by  the  President  of  the  United  States 
on  January  12,  1934.  All  provisions  of  the  said  General  Code  which 
are  not  in  conflict  with  the  provisions  of  this  Supplemental  Code 
are  hereby  specifically  incorporated  by  reference  in  this  Supple- 
mental Code  and  made  part  hereof.  Such  provisions  of  the  Gen- 
eral Code,  together  with  the  provisions  of  this  Supplemental  Code, 
are  the  standards  of  fair  competition  for  and  are  binding  upon 
every  member  of  the  Wholesale  Copper,  Brass,  Bronze  and  Related 
Alloys  Trade. 

Article  II — Definitions 

SUPPLEMENTING   ARTICLE   II   OF   THE   GENERAL   CODE 

Section  1.  The  term  "  wholesaler "  or  "  distributor "  as  used 
herein  is  defined  to  mean  any  individual,  partnership,  association, 
corporation,  or  other  form  of  organization,  or  a  definitely  organized 
division  thereof,  definitely  organized  to  render  and  rendering  a  gen- 
eral distribution  service  which  buys  and/or  maintains  at  his  or  its 
place  of  business  a  stock  of  mill  products  of  copper,  brass,  bronze 
and  related  alloys,  or  any  of  them,  which  it  distributes,  and  which 
through  salesmen,  advertising  and/or  sales-promotion  devices  sells 
to  retailers  and/or  to  institutional,  commercial  and/or  industrial 
users,  but  which  does  not  sell  in  significant  amounts  to  ultimate 
consumers. 

Section  2.  The  term  "  the  "  Trade  "  as  used  herein  is  defined  to 
mean  the  business  in  which  a  wholesaler  or  distributor  as  defined 
above  is  engaged. 

Section  3.  The  term  "  General  Code  "  as  used  herein  is  defined  to 
mean  the  Code  of  Fair  Competition  for  the  Wholesaling  or  Dis- 
tributing Trade. 

Section  4.  The  term  "  Supplemental  Code "  as  used  herein  is 
defined  to  mean  this  Supplemental  Code  for  the  Wholesale  Copper, 
Brass,  Bronze,  and  Related  Allo3's  Trade. 

(514) 


515 

Section  5.  The  term  "  General  Code  Authority  "  as  used  herein 
is  defined  to  mean  the  General  Code  Authority  authorized  by  Sec- 
tion 2  of  Article  VI  of  the  General  Code. 

Section  6.  The  term  '"  Divisional  Code  Authority  "  as  used  herein 
is  defined  to  mean  the  Divisional  Code  Authority  for  the  Wholesale 
Copper,  Brass,  Bronze  and  Related  Alloys  Trade,  a  division  of  the 
Wholesaling  or  Distributing  Trade. 

Section  7.  The  term  "  consignment "  as  used  herein  is  defined  to 
mean  leaving  merchandise  with  a  customer  for  sale  or  use,  the  title 
to  remain  in  the  consignor. 

Section  8.  The  term  "  member  of  the  Trade  "  as  used  herein  is 
defined  to  mean  any  Wholesaler  or  Distributor  engaged  in  the  Trade. 

Section  9.  The  term  "  geographical  sections  "  as  used  herein  is 
defined  to  mean  the  geographical  sections  of  the  United  States  to  be 
designated  by  the  Executive  Board  of  the  Association,  subject  to  the 
approval  of  the  Administrator. 

Section  10.  The  term  "Association  "  is  defined  to  mean  the  Cop- 
per and  Brass  Warehouse  Distributors  Association. 

Article  III. — Hours 

supplementing  article  III,  section  I  or  THE  GENERAL  CODE 

Section  1.  Maximum  Hours  and  Exemptions  (superseding  Article 
III,  Section  1  (a),  (b),  (c),  (d),  and  (e)  of  the  General  Code)  : 

(a)  No  member  of  the  Trade  shall  cause  or  permit  any  employee 
except  an  employee  in  an  executive,  supervisory,  technical,  or  pro- 
fessional capacity  who  receives  $35.00  per  week  or  more,  and  except 
watchmen,  outside  salesmen,  outside  delivery  men,  maintenance  men, 
outside  repair  service  men  and  installation  men,  to  work  more  than 
eight  (8)  hours  in  any  one  day,  nor  more  than  forty  (40)  hours  per 
week,  nor  more  than  six  (6)  days  in  any  one  week,  except  as  here- 
inafter specified. 

(b)  No  member  of  the  Trade  shall  cause  or  permit  any  watch- 
man to  work  more  than  nine  (9)  hours  in  any  one  day,  nor  more  than 
fifty-four  (54)  hours  in  any  one  week,  nor  more  than  six  (6)  days 
in  any  seven  (7)  day  period. 

(c)  No  member  of  the  Trade  shall  cause  or  permit  any  outside 
delivery  man,  maintenance  man,  outside  repair  service  man,  or  in- 
stallation man  to  work  more  than  forty-eight  (48)  hours  per  week. 

(d)  A  member  of  the  Trade  may  work  any  employee  such  hours 
as  may  be  necessary  in  excess  of  the  hours  specified  in  Sub-sections 
(a),  and  (c)  of  this  Section,  if  time  and  one-third  is  paid  for  all 
such  additional  hours  but  in  no  case  shall  any  member  of  the  Trade 
cause  or  permit  any  employee  to  work  more  than  eight  (8)  hours 
per  week  in  excess  of  his  regular  hours  as  specified  in  Sub-sections 
(a)  and  (c)  of  this  Section. 

Article  IV. — Wages 

SUPPLEMENTING  ARTICLE  IV  OF  GENERAL  CODE 

Section  1.  (Superseding  Article  IV,  Section  1  (a),  (b),  (c),  (d), 
and  (e)  of  the  General  Code.) 


516 

(a)  No  employee  shall  be  paid  less  than  at  the  rate  of  fifteen 
dollars  ($15.00)  per  week  of  forty  (40)  hours. 

(b)  A  part-tmie  employee  or  one  paid  on  an  hourly  basis  shall 
be  paid  not  less  than  forty  cents  (400)  per  hour.  Any  employee  who 
works  less  than  the  maximum  weekly  hours  of  labor  specified  in 
Article  III  above  for  his  class  of  work  shall  be  considered  a  part-time 
employee. 

(c)  This  Article  establishes  a  minimum  compensation  for  each 
class  of  workers  irrespective  of  whether  an  employee  is  actually 
compensated  on  a  time  rate,  piece  work,  commission,  or  other  basis. 

Section  2.  (Superseding  Article  IV,  Section  2  of  the  General 
Code.)  No  hourly,  daily  or  full-time  weekly  compensation  for  em- 
ployees who  are  paid  less  than  fifty  dollars  ($60.00)  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  wage 
for  the  shorter  full-time  week  herein  established  than  he  could  have 
earned  for  the  same  class  of  work  for  the  longer  full-time  week 
existing  as  of  June  16,  1933.  Wage  increases  established  under  the 
President's  Reemployment  Agreement  shall  at  least  be  maintained. 

Article  V. — General  Labor  Provisions 

SUPPLEMENTING  ARTICLE  V  OF  THE  GENERAL  CODE 

Section  1.  Posting  Code. — Each  employer  shall  post  in  conspic- 
uous places,  accessible  to  employees,  copies  of  Article  I  to  V,  inclu- 
sive, of  this  Supplemental  Code  and  of  the  General  Code. 

Section  2.  No  employee  shall  be  dismissed  or  demoted  by  reason 
of  making  a  complaint  or  giving  evidence  with  respect  to  an  alleged 
violation  of  this  Supplemental  Code  or  the  General  Code. 

Section  3.  Every  employer  shall  make  reasonable  provisions  for 
the  safety  and  health  of  his  employees  at  the  place  and  during  the 
hours  of  their  employment. 

Article  VI — ^Administration 

supplementing  article  VI   OF   THE   GENERAL   CODE 

Section  1.  (a)  The  Divisional  Code  Authority  shall  be  composed 
of  five  (5)  members  of  the  Trade,  three  (3)  of  whom  shall  represent 
members  of  the  Trade  who  are  members  of  the  Association  and 
two  (2)  of  whom  shall  represent  members  of  the  Trade  not  members 
of  the  Association.  For  initial  organization  purposes  the  members 
of  the  Divisional  Code  Authority  shall  be  nominated  in  the  follow- 
ing manner.  The  three  (3)  members  representing  the  Association 
shall  be  nominated  by  the  Executive  Board  of  the  Association.  The 
Executive  Board  of  the  Association  shall  place  these  three  (3)  names 
on  a  ballot  which  shall  contain  blank  lines  for  the  inclusion  of  the 
same  number  of  additional  names  which  may  be  filled  in  by  any 
member  of  the  Trade  voting  for  the  Divisional  Code  Authority. 
Such  ballots  shall  be  mailed  to  all  members  of  the  Association. 

(b)  The  two  (2)  members  of  the  Divisional  Code  Authority 
representing  members  of  the  Trade  not  members  of  the  Association 
shall  be  selected  by  a  plan  to  be  apj^roved  by  the  Administrator  and 


517 

shall,  by  the  Executive  Board  of  the  Association,  be  placed  upon  a 
ballot  which  shall  contain  blank  lines  for  the  addition  of  two  (2) 
other  names.  These  ballots  shall  be  mailed  to  all  members  of  the 
Trade  not  members  of  the  Association  whose  names  can  be  ascer- 
tained after  diligent  search  on  the  part  of  the  Executive  Board  of 
the  Association. 

(c)  Each  ballot  shall  be  accompanied  by  a  definition  of  a  whole- 
saler or  distributor  as  defined  in  Article  II,  Section  1  above,  and  in 
order  for  any  ballot  to  be  counted,  it  shall  be  accompanied  by  a 
signed  statement  that  the  voting  member  of  the  Trade  comes  within 
the  terms  of  such  definition  and  shall  also  be  accompanied  by  a 
certificate  of  assent  and  compliance,  and  shall  be  postmarked  not 
later  than  ten  (10)  days  after  the  date  of  mailing  by  the  Executive 
Board  of  the  Association.  All  ballots,  both  for  members  of  the 
Divisional  Code  Authority  who  are  members  of  the  Association  and 
for  members  of  the  Divisional  Code  Authority  who  are  not  members 
of  the  Association,  shall  be  counted  by  the  Executive  Board  of  the 
Association  between  the  seventeenth  and  twentieth  days  after  being 
first  mailed  out  by  the  Executive  Board,  and  the  result  of  such  count 
certified  to  the  Administrator. 

(d)  The  terms  of  office  of  members  of  the  Divisional  Code  Au- 
thority and  the  method  of  electing  their  successors,  either  for  full 
new  terms  or  for  unexpired  terms,  shall  be  established  in  the  By- 
laws of  the  Divisional  Code  Authority. 

(e)  There  shall  be  elected  from  the  Divisional  Code  Authority  an 
Executive  Committee  composed  of  three  (3)  members  of  the  Divi- 
sional Code  Authority,  at  least  one  of  whom  shall  be  a  nonmember 
of  the  Association. 

(f )  Each  member  of  the  Trade  shall  within  thirty  (30)  days  from 
the  effective  date  of  this  Supplemental  Code  register  with  the  Divi- 
sional Code  Authority.  All  members  of  the  Trade  who  may  engage 
in  the  Trade  thereafter  shall  likewise  register  with  the  Divisional 
Code  Authority.  Registration  of  a  member  of  the  Trade  shall  in- 
clude the  full  name  and  mailing  address  of  the  member.  The  time 
limit  for  the  registration  by  any  member  of  the  Trade  may  be  ex- 
tended whenever,  in  the  opinion  of  the  Administrator,  the  time 
limit  as  provided  herein  might  cause  an  injustice  to  any  member  of 
the  Trade. 

(g)  The  Executive  Committee  shall  have  such  powers  and  duties 
as  may  be  fixed  by  the  Divisional  Code  Authority,  subject  to  the 
approval  of  the  Administrator. 

(h)  The  Divisional  Code  Authority  shall  have  the  following 
duties  and  powers,  in  addition  to  those  prescribed  in  the  General 
Code,  subject  to  review  by  the  Administrator: 

(1)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  other 
Codes  (except  Supplemental  Codes  to  the  General  Code)  as  may  be 
related  to  the  Trade  for  the  purpose  of  formulating  Fair  Trade 
Practices  to  govern  the  relationship  between  production  and  distri- 
bution employers  under  this  Supplemental  Code  and  under  such 
others,  to  the  end  that  such  Fair  Trade  Practices  may  be  proposed  to 
the  Administrator  as  an  amendment  to  this  Supplemental  Code  and 
such  other  Codes. 


518 

(2)  To  appoint  a  Regional  Committee  in  each  of  such  regions  and 
districts  as  the  Divisional  Code  Authority  may  establish,  to  assist 
the  Divisional  Code  Authority  in  administering  this  Supplemental 
Code  and  the  General  Code ;  provided,  however,  that  nothing  herein 
shall  relieve  the  Divisional  Code  Authority  of  its  responsibilities  as 
such. 

(3)  To  organize,  elect  officers,  hire  employees  and  perform  such 
other  acts  as  may  be  necessary  for  the  proper  administration  of 
this  Supplemental  Code  and  the  General  Code. 

(4)  To  study  the  Trade  Practice  provisions  of  this  Supplemental 
Code  and  the  operation  thereof,  and  make  such  recommendations 
from  time  to  time,  to  the  Administrator  as  it  deems  desirable  for 
modification  or  addition  thereto. 

(5)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code  and  the  General  Code.  In  addition  to  information  required 
to  be  submitted  to  the  General  Code  Authority  and  to  the  Divisional 
Code  Authority,  members  of  the  Trade  subject  to  this  Supplemental 
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;  pro- 
vided that  nothing  in  this  Supplemental  Code  shall  relieve  any 
member  of  the  Trade  of  any  existing  obligations  to  furnish  reports 
to  any  governmental  agency.  No  individual  report  shall  be  disclosed 
to  any  other  member  of  the  Trade  or  any  other  party  except  to  such 
governmental  agencies  as  may  be  directed  by  the  Administrator. 

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

(7)  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  Divisional 
Code  Authority  of  its  duties  or  responsibilities  under  this  Supple- 
mental Code,  and  that  such  trade  associations  and  agencies  shall 
at  all  times  be  subject  to  and  comply  with  the  provisions  hereof. 

(8)  To  appoint  a  special  committee  on  overlapping  which  shall 
meet  with  trade  practice  committees  and/or  special  committees 
on  overlapping  which  may  be  appointed  by  the  General  Code  Au- 
thority and/or  by  the  Divisional  Code  Authorities  administering 
other  Codes  of  Fair  Competition  Supplemental  to  the  Code  of  Fair 
Competition  for  the  Wholesaling  or  Distributing  Trade  covering 
kindred  lines  and/or  by  the  Code  Authorities  administering  other 
Codes  covering  the  wholesaling  and  distributing  of  kindred  lines, 
for  the  purpose  of  formulating  recommendations  to  be  submitted 
to  the  respective  Code  Authorities  and  to  the  Administrator  for  such 
modifications  of  this  Supplemental  Code  and/or  such  other  Code 
or  Codes  as  may  be  necessary  to  eliminate,  insofar  as  possible,  con- 
flicts between  the  fair  trade  practice  provisions  of  this  Supple- 
mental Code  and  the  fair  trade  practice  provisions  of  such  other 
Code  or  Codes. 

(9)  To  from  time  to  time  suggest  modifications  of  and/or  amend- 
ments to  this  Supplemental  Code  and  to  assent  to  such  modifications 
and/or  amendments  and  to  the  Supj)lemental  Code  in  its  final  form 
as  modified  and/or  amended. 


519 

Section  2.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose  nor  shall  any  member  or  members  of  the  Divisional 
Code  Authority  be  liable  in  any  manner  to  anyone  for  any  act  of 
any  other  member,  officer,  agent,  or  employee  of  the  Divisional  Code 
Authority.  Nor  shall  any  member  of  the  Divisional  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  Supplemental  Code,  except  for  his  own  wilful  malfeasance  or 
nonfeasance. 

Section  3.  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authority  or  any  agency  thereof  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration by  such  Divisional  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  4.  In  order  to  support  the  administration  of  this  Supple- 
mental Code  and  to  maintain  the  standards  of  fair  competition 
established  by  this  Supplemental  Code  and  to  effectuate  the  policy 
of  the  Act,  the  Divisional  Code  Authority  is  authorized,  subject  to 
the  approval  of  the  Administrator : 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes  and  to  meet  such  obligations  out 
of  funds  which  may  be  raised  as  hereinafter  provided  and  which 
shall  be  held  in  trust  for  the  purposes  of  this  Supplemental  Code; 

(b)  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary: 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes,  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the 
Trade ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  secure  equitable  con- 
tribution as  above  set  forth  by  all  such  members  of  the  Trade,  and 
to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

(d)  Each  member  of  the  Trade  shall  pay  his  or  its  equitable  con- 
tribution to  the  expenses  of  the  maintenance  of  the  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Trade  complying  with  this  Supplemental  Code 
and  contributing  to  the  expenses  of  its  administration  as  herein- 
above provided,  unless  duly  exempted  from  making  such  contribu- 
tions, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Divisional  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. 

(e)  The  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 


520 

approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Article  VII — Trade  Practices 

SUPPLEMENTING  ARTICLE  VII  OF  THE  GENERAL  CODE 

Section  1.  No  member  of  the  Trade  shall  knowingly  procure,  by 
secret  or  unfair  methods,  any  information  concerning  the  business 
of  such  other  member  or  the  Trade  which  is  properly  regarded  by 
the  latter  as  a  trade  secret  or  confidential  within  the  latter  organiza- 
tion, other  than  information  relating  to  a  violation  of  any  provisions 
of  this  Supplemental  Code  and  the  General  Code. 

Section  2.  No  member  of  the  Trade  shall  sell  or  substitute  any 
material  or  product  different  in  brand,  kind,  or  quality  from  that 
specified  by  the  purchaser  thereof. 

Section  3.  No  member  of  the  Trade  shall  knowingly  aid  or  abet 
any  person,  firm,  association,  or  corporation  in  any  unfair  trade 
practice,  prohibited  by  any  approved  Code  or  Supplemental  Code. 

Section  4.  No  member  of  the  Trade  shall  make  or  give  to  any 
purchaser  of  any  merchandise  any  guarantee  or  protection  in  any 
form  against  any  decline  in  the  market  price  of  such  product. 

Section  5.  No  member  of  the  Trade  shall,  except  with  the  consent 
of  the  Divisional  Code  Authority,  accept  returned  merchandise  for 
credit  unless  the  customer  is  charged  therefor  in  an  amount  not  less 
than  the  cost  incurred  by  such  member  in  handling  the  returned 
goods;  provided,  however,  that  (a)  this  Section  shall  not  apply  to 
transactions  in  which  the  seller  is  at  fault;  and  (b)  in  any  State  in 
which  this  Section  may  conflict  with  applicable  State  law,  this  Sec- 
tion shall  not  apply  to  the  extent  of  such  conflict. 

Section  6.  No  member  of  the  Trade  shall  purchase  scrap  from 
customers  at  higher  prices  than  the  current  mill  schedules  for  scrap 
for  the  purpose  of  influencing  or  inducing  the  purchase  by  such 
customers  of  mill  products. 

Section  T.  No  member  of  the  Trade  shall  submit  am?^  bid  or  in- 
voice any  sale  unless  each  item  is  shown  separately.  An  itemized 
invoice  shall  be  rendered  for  each  delivery  and  a  copy  thereof  re- 
tained by  the  seller. 

Section  8.  No  member  of  the  Trade  shall  ship  or  deliver  any  mer- 
chandise on  consignment,  except  that  under  unusual  conditions  such 
consignment  sales  may  be  permitted  by  the  Divisional  Code 
Authority. 

Section  9.  No  member  of  the  Trade  shall  use  any  subterfuge  to 
frustrate  the  spirit  and  intent  of  this  Supplemental  Code  and/or 
the  General  Code. 

Section  10.  No  member  of  the  Trade  shall  compute  quantity  dis- 
counts and/or  quantity  extras  on  any  other  basis  than  that  of  the 
quantity  shipped  and/or  billed  to  a  single  buyer. 


521 
Article  VIII — Permissive  Trade  Practices 

SUPPLEMENTING  ARTICLE  VIII  OF  THE  GENERAL  CODE 

Section  1.  Each  member  of  the  Trade  shall  file  with  a  confidential 
and  disinterested  agent  of  the  Divisional  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  in 
each  section  or  region  in  which  he  operates.  Such  lists  shall  contain 
the  price  terms  for  all  such  standard  products  of  the  Trade  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  Divisional 
Code  Authority.  Said  price  terms  shall  in  the  first  instance  be  filed 
within  twenty  (20)  days  after  the  date  of  approval  of  this  Supple- 
mental Code.  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 
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  Trade  and  to  all  of  their  customers  who  have  applied 
therefor  and  have  offered  to  defray  the  cost  actually  incurred  by  the 
Divisional  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  mem- 
bers of  the  Trade  and  their  customers  as  aforesaid;  provided,  that 
prices  filed  in  the  first  instance  shall  not  be  released  until  the  expira- 
tion of  the  aforesaid  twenty  (20)  day  period  after  the  approval 
of  this  Supplemental  Code.  The  Divisional  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  Divisional  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  trade  has  filed  any  revision, 
such  member  shall  not  file  a  higher  price  within  forty-eight  (48) 
hours. 

Section  3.  No  member  of  the  Trade  shall  sell  or  offer  to  sell  any 
product  of  the  Trade,  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  Trade  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  Trade 
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  5.  (a)  Wilfully  destructive  price  cutting  is  an  unfair 
method  of  competition  and  is  forbidden.    Any  member  of  the  Trade 


522 

or  of  any  other  trade  or  industry  or  the  customers  of  either  may,  at 
any  time,  complain  to  the  Divisional  Code  Authority  that  any  actual 
price  constitutes  unfair  competition  as  destructive  price  cutting,  im- 
perilling small  enterprises  or  tending  toward  monopoly  or  the 
impairment  of  code  wages  or  working  conditions.  The  Divisional 
Code  Authority  shall,  within  five  days,  afford  an  opportunity  to  the 
member  making  such  price  to  answer  such  complaint  and  shall, 
within  fourteen  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  such  products  or  any 
specified  part  thereof,  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  (including  costs  of 
wholesale  distribution)  in  the  determination  of  pricing  policies. 

(c)  To  establish  the  basis  of  cost,  the  Divisional  Code  Authority 
may  exercise  its  right  at  any  time  to  call  for  supporting  evidence  of 
any  sale  price.  The  supporting  evidence  for  any  sale  price  shall  be 
entirely  confidential,  and  shall  not  be  disclosed  to  any  parties  other 
than  the  Divisional  Code  Authority  and/or  such  parties  as  the 
Administrator  may  designate. 

(d)  When  an  emergency,  by  reason  of  unfair  competitive  prac- 
tices or  other  conditions,  exists  in  the  Trade  as  to  such  products  or 
any  specified  part  thereof,  sale  below  the  stated  minimum  price  of 
such  products  or  such  specified  part  thereof,  in  violation  of  Section 
6  hereof,  is  forbidden. 

Section  6.  Emergency  Provisions. —  (a)  If  the  Administrator, 
after  investigation,  shall  at  any  time  find  both  (1)  that  an  emergency 
has  arisen  within  the  Trade,  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 
(2)  that  the  finding  of  a  basis  for  determining  minimum  prices  for 
such  products  or  any  specified  part  thereof  is  necessary  for  a  limited 
period,  to  correct  the  conditions  constituting  such  emergency  and  to 
effectuate  the  purposes  of  the  Act,  the  Divisional  Code  Authority 
may  cause  an  impartial  agency  to  investigate  costs  (including  the 
costs  of  wholesale  distribution)  and  to  recommend  to  the  Adminis- 
trator a  basis  for  determining  minimum  prices  of  the  said  products 
or  the  said  specified  part  thereof  affected  by  the  emergency,  and 
thereupon  the  Administrator  may  proceed  to  fix  a  basis  for  deter- 
mining such  minimum  prices. 

(b)  When  the  Administrator  shall  have  fixed  a  basis  for  de- 
termining minimum  prices  for  the  said  j^roducts  or  said  specified 
part  thereof  for  a  stated  period,  which  prices  shall  be  reasonably 
calculated  to  correct  the  conditions  of  such  emergency  and  to  effectu- 
ate the  purposes  of  the  Act,  he  shall  publish  the  said  basis.  There- 
after, during  such  stated  period,  no  member  of  the  Trade  shall  sell 
such  products  at  a  net  realized  price  below  the  minimum  price  de- 
termined upon  the  basis  so  fixed,  and  any  such  sale  shall  be  deemed 
destructive  price  cutting.     From  time  to  time  the  Divisional  Code 


523 

Authority  may  recommend  review  or  reconsideration  or  the  Admin- 
istrator may  cause  any  determination  hereunder  to  be  reviewed  or 
reconsidered,  and  appropriate  action  taken. 

Section  7.  Each  member  of  the  Trade  shall  adopt  and  strictly 
maintain  cash  discounts  and  credit  terms  to  be  established 
by  the  Divisional  Code  Authority  subject  to  the  approval  of  the 
Administrator. 

Article  IX — Modification 

This  Supplemental  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  National 
Industrial  Recovery  Act  from  time  to  time  to  cancel  or  modify  any 
order,  approval,  license,  rules  or  regulations  issued  under  Title  I 
of  said  Act. 

Article  X — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  tenth  day 
after  its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No.  21. 
Registry  No.  1201-09. 


Approved  Code  No.  201 — Supplement  No.  20 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR   THE 

ELECTRICAL  WHOLESALE  TRADE 

As  Approved  on  August  13,  1934 


ORDER 


Supplementary  Code  of  Fair  Competition  for  the  ELECTRiCAii 
Wholesale  Trade 

A  division  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Electrical  Wholesale  Trade 
to  the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade,  and  hearings  having  been  duly  held  thereon,  and  the  an- 
nexed report  on  said  Supplemental  Code,  containing  findings  with 
respect  thereto,  having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved, 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  13, 193^. 

(525) 


KEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir:  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Electrical  Wholesale  Trade,  a  division 
of  the  Wholesaling  or  Distributing  Trade,  held  in  the  Sun  Parlor  of 
the  Washington  Hotel,  on  January  10,  1934.  The  Supplemental 
Code,  which  is  attached,  was  presented  by  duly  qualified  and  author- 
ized representatives  of  the  Trade,  complying  with  the  statutory 
requirements. 

THE  TRADE 

According  to  statistics  furnished  by  members  of  the  Trade  it  is 
estimated  that  in  1933  there  were  approximately  950  concerns  en- 
gaged in  the  Trade,  which  will  come  under  the  proposed  definition  in 
this  Supplemental  Code.  These  concerns  did  an  estimated  business 
of  $150,000,000,  and  employed  approximately  14,000  persons. 

HOURS  AND  WAGES 

This  Code  is  supplemental  to  the  Code  of  Fair  Competition  for 
the  Wholesaling  or  Distributing  Trade  and  contains  no  hours  and 
wages  provisions,  the  members  of  the  Trade  being  governed  by  the 
hours  and  wages  provisions  of  the  last  mentioned  Code. 

OTHER  PROVISIONS  OF  THE  CODE 

The  provisions  containing  supplementary  definitions  are  consid- 
ered inclusive  and  accurate. 

The  supplement  to  the  administrative  provisions  of  the  Code  of 
Fair  Competition  for  the  Wholesaling  or  Distributing  Trade  estab- 
lishes a  Divisional  Code  Authority  which  is  fairh'^  and  adequately 
representative  of  all  the  different  elements  in  the  Trade. 

The  Trade  Practice  Provisions  are  not  considered  in  any  way 
objectionable. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code,  having  found  as  herein  set  forth,  and  on  the  basis 
of  all  the  proceedings  in  this  matter ; 

I  find  that 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof, 
and  will  provide  for  the  general  welfare  by  promoting  the  organi- 

(526) 


527 

zation  of  industry  for  the  purposes  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  use  of  the  present  productive  capacity  of  indus- 
tries, by  avoiding  undue  restriction  of  production  (except  as  may 
be  temporarily  required),  by  increasing  the  consumption  of  indus- 
trial and  agricultural  products  through  increasing  purchasing  f)Ower, 
by  reducing  and  relieving  unemployment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

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

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade ;  and  that  said  association  imposes  no  inequitable 
restrictions  to  membership  therein. 

(d)  The  Supplemental  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

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

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

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

Hugh  S.  Johnson, 

Administrator, 
August  13,  1934. 


86360—34 24 


SUPPLEMENTARY  CODE  OF  FAIE  COMPETITION  FOR 
THE  ELECTRICAL  WHOLESALE  TRADE 

A  DIVISION  OF  THE  WHOLESALING  OR  DISTRIBUTING  TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Supplemental  Code  is  established  as  a  Code 
of  Fair  Competition  for  the  Electrical  Wholesale  Trade,  pursuant 
to  Article  VI,  Section  1  (c)  of  the  General  Code  of  Fair  Competition 
for  the  Wholesaling  or  Distributing  Trade,  approved  by  the  Presi- 
dent of  the  United  States  on  January  12,  1934.  All  provisions  of 
the  said  General  Code  which  are  not  in  conflict  with  the  provisions 
of  this  Supplemental  Code  are  hereby  specifically  incorporated  by 
reference  in  this  Supplemental  Code  and  made  part  hereof.  Such 
provisions  of  the  General  Code  together  with  the  provisions  of  this 
Supplemental  Code  are  the  standards  of  fair  competition  for  and 
are  binding  upon  every  member  of  the  said  Electrical  Wholesale 
Trade. 

Article  II — Definitions 

SUPPLEMENTING    ARTICLE    II    OF    GENERAL   CODE 

Section  1.  For  the  purposes  of  this  Supplemental  Code,  a  "  whole- 
saler "  or  "  distributor  "  or  "  member  of  the  Trade "  is  defined  to 
mean  any  individual,  partnership,  association,  corporation,  or  other 
form  of  enterprise,  or  any  division  thereof,  which  renders  a  general 
distribution  service  and  which  purchases  and  maintains  at  his  or 
its  place  of  business  a  stock  of  electrical  apparatus,  appliances,  ma- 
terials and/or  supplies  sold  for  use  in  connection  therewith  (except 
radio  apparatus  and  supplies),  or  which  acts  as  a  middleman  or 
broker  buying  electrical  apparatus,  appliances,  materials  and/or 
supplies  sold  for  use  in  connection  therewith  (except  radio  appa- 
ratus and  supplies)  but  which  does  not  necessarily  maintain  a  stock 
of  such  merchandise,  and  which  through  salesmen,  advertising, 
and/or  sales-promotion  devices,  sells  to  retailers  and/or  to  institu- 
tional, commercial,  and/or  industrial  users,  and/or  to  any  other 
buyers  except  ultimate  consumers  as  defined  in  the  General  Code. 

Section  2.  The  term  "  Trade  "  as  used  herein  is  defined  to  be  the 
business  in  which  wholesalers  or  distributors  as  above  defined  engage. 

Section  3.  The  term  "  consignment  "  as  used  herein  is  defined  to 
mean  the  delivery  by  a  member  of  the  Trade  to  any  person,  as  agent, 
purchaser  or  otherwise  under  any  agreement  or  understanding  ex- 
pressed or  implied  pursuant  to  which  the  receiver  of  the  merchan- 
dise may  at  his  option  return  any  of  such  merchandise  or  claim  any 
credits  with  respect  thereto. 

(528) 


529 

Section  4.  The  term  "  Divisional  Code  Authority  ",  as  used  herein, 
shall  mean  the  Divisional  Code  Authority  for  the  Electrical  Whole- 
sale Trade,  a  division  of  the  Wholesaling  or  Distributing  Trade. 

Section  5.  The  term  "  General  Code  ",  as  used  herein,  shall  mean 
the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade. 

Article  III — Administration 

SUPPLEMENTING  ARTICLE  VI,  OF  THE  GENERAL  CODE 

Section  1.  (a)  The  Divisional  Code  Authority  shall  consist  of 
eleven  (11)  members  (from  among  the  Trade  or  representatives 
thereof,)  eight  (8)  to  be  nominated  by  the  Executive  Committee  of 
the  National  Electrical  Wholesalers  Association  and  elected  by  mem- 
bers of  the  Trade  who  are  also  members  of  the  Association  in  ac- 
cordance with  a  method  to  be  approved  by  the  Administrator,  and 
three  (3)  to  be  chosen  by  those  members  of  the  Trade  who  are  not 
members  of  such  Association,  by  a  method  to  be  approved  by  the 
Administrator.  No  member  of  the  Trade  shall  have  more  than  one 
member  on  the  Divisional  Code  Authority. 

(b)  Only  those  members  of  the  Trade  shall  be  allowed  to  vote  in 
the  election  of  members  of  the  Divisional  Code  Authority  who  sign 
or  shall  have  signed  a  statement  of  assent  and  compliance  to  this 
Supplemental  Code  and  the  General  Code. 

(c)  The  terms  of  office  of  members  of  the  Divisional  Code  Au- 
thority and  the  method  of  electing  their  successors,  whether  for  full 
new  terms  or  for  unexpired  terms  shall  be  established  in  the  By-laws 
of  the  Divisional  Code  Authority,  subject  to  the  approval  of  the 
Administrator. 

Section  2.  The  Divisional  Code  Authority  shall  have  the  follow- 
ing duties  and  powers  in  addition  to  those  prescribed  in  the  General 
Code. 

(a)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  Codes  as 
may  be  related  to  the  Trade,  except  other  Supplemental  Codes  to  the 
General  Code,  for  the  purpose  of  formulating  Fair  Trade  Practices 
to  govern  the  relationships  between  production  and  distribution  em- 
ployers under  this  Supplemental  Code  and  under  such  others,  to  the 
end  that  such  Fair  Trade  Practices  may  be  proposed  to  the  Admin- 
istrator as  an  amendment  to  this  Supplemental  Code  and  such  other 
Codes. 

(b)  To  appoint  in  each  Electrical  Wholesale  District,  as  deter- 
mined  by  the  Divisional  Code  Authoritj'^  subject  to  the  approval 
of  the  Administrator,  a  Code  Commission  to  assist  the  Divisional 
Code  Authority  in  administering  this  Supplemental  Code;  provided, 
however,  that  nothing  herein  shall  relieve  the  Divisional  Code  Au- 
thority of  its  responsibilities  as  such. 

(c)  To  organize,  elect  officers,  hire  necessary  employees  and  per- 
form such  other  acts  as  may  be  necessary  for  the  proper  administra- 
tion of  this  Supplemental  Code. 

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

(e)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities  provided  for 


530 

herein;  provided,  however,  that  nothing  herein  shall  relieve  the 
Divisional  Code  Authority  of  its  duties  and  responsibilities  under 
this  Supplemental  Code,  and  that  such  trade  associations  and 
agencies  shall  at  all  times  be  subject  to  and  comply  with  the  pro- 
visions hereof, 

(f )  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code.  In  addition  to  information  required  to  be  submitted  to  the 
General  Code  Authority  and  to  the  Divisional  Code  Authority, 
members  of  the  Trade  subject  to  this  Supplemental  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  Supplemental  Code  shall  relieve  any  member  of  the 
Trade  of  any  existing  obligation  to  furnish  reports  to  any  govern- 
ment agency.  No  individual  report  shall  be  disclosed  to  any  other 
member  of  the  Trade  or  any  other  party  except  to  such  other  govern- 
ment agencies  as  may  be  directed  by  the  Administrator, 

Section  3.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose  nor  shall  any  member  or  members  of  the  Divisional 
Code  Authority  be  liable  in  any  manner  to  anyone  for  any  act  of  any- 
other  member,  officer,  agent,  or  employee  of  the  Divisional  Code 
Authority,  Nor  shall  any  member  of  the  Divisional  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 
Supplemental  Code,  except  for  his  own  wilful  malfeasance  or 
nonfeasance. 

Section  4,  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authority  or  any  agency  thereof,  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration by  such  Divisional  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  moddfied  form. 

Section  5.  It  being  found  necessary,  in  order  to  support  the  ad- 
ministration of  this  Supplemental  Code  and  to  maintain  the  stand- 
ards of  fair  competition  established  by  this  Supplemental  Code  and 
to  effectuate  the  policy  of  the  Act.  the  Divisional  Code  ^Vuthority  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  this  Supplemental  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  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the  Trade ; 

(c)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  secure  equitable 


531 

contribution  as  above  set  forth  by  all  such  members  of  the  Trade, 
and  to  that  end,  if  necessary,  to  institute  legal  proceedings  therefor 
in  its  own  name. 

(d)  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  contribut- 
ing 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  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. 

(e)  The  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 
approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Article  IV — Trade  Practices 

SUPPLEMENTING    ARTICLE    VII    OF    THE    GENERAL    CODE 

Section  1.  It  shall  be  an  unfair  trade  practice  for  any  member 
of  the  Trade  to  quote  a  lump  sum  price  unless  such  quotation  shows 
the  price  of  each  item  and  unless  the  total  equals  the  sum  of  all 
the  items. 

Section  2.  Quantity  discounts  shall  be  computed  on  the  basis  of 
the  quantities  shipped  and/or  billed  to  a  single  buyer  at  one  time; 
provided,  however,  that  when  a  wholesaler's  stock  of  an  item  is  not 
sufficient  to  make  a  complete  shipment  a  second  shipment  may  be 
made  from  the  wholesaler's  or  a  manufacturer's  stock,  and  the  quan- 
tity discounts  computed  on  the  basis  of  the  original  order. 

Section  3.  It  shall  be  an  unfair  trade  practice  for  any  member 
of  the  Trade  to  deliver  merchandise  to  any  customer  beyond  the 
metropolitan  area  of  the  city  within  which  the  distributor  is  located 
without  making  a  charge  equal  to  that  made  by  a  common  carrier 
for  the  said  delivery;  provided,  however,  that  transportation  costs 
may  be  equalized  by  any  individual  member  of  the  Trade  acting 
independently  as  between  recognized  wholesaling  centers.  Where 
necessary,  the  Divisional  Code  Authority  at  the  request  of  the  Code 
Commission,  subject  to  the  approval  of  the  Administrator,  shall 
define  the  metropolitan  areas  within  a  district. 

Section  4.  It  shall  be  an  unfair  trade  practice  to  ship  any  goods 
on  consignment  except  products  of  manufacturers  whose  general 
plan  of  distribution  is  by  consignment  and  not  by  sale  for  resale, 
and  except  where  the  Divisional  Code  Authority  under  unusual 
circumstances  may  allow. 

Section  5.  It  shall  be  an  unfair  trade  practice  to  accept  returned 
goods  after  sixty  days  from  the  date  of  shipment,  or  to  accept  re- 
turned goods  within  such  sixty  day  period,  without  making  a  service 


532 

charge  at  least  equal  to  the  seller's  cost  of  handling  the  same; 
provided,  however,  that  this  section  shall  not  apply:  (a)  if  the 
occasion  for  the  return  is  the  fault  of  the  member  of  the  Trade ;  or 
(b)  if  such  credit  is  made  on  account  of  insolvency  or  financial  em- 
barrassment of  the  customer  and  is  reported  to  and  approved  by 
the  Divisional  Code  Authority;  or  (c)  to  the  extent  that  this  Section 
may  conflict  with  the  law  of  any  State. 

Section  6.  It  shall  be  an  unfair  trade  practice  for  any  member 
of  the  Trade  to  sell  any  electrical  apparatus,  appliances,  materials 
and/or  supplies  sold  for  use  in  connection  therewith  (except  radio 
apparatus  and  supplies)  governed  by  this  Supplemental  Code  from 
which  the  name  plate,  serial  number,  or  any  other  identifying  mark 
of  the  manufacturer,  if  any  is  customarily  attached,  has  been  effaced 
or  removed. 

Section  7.  It  shall  be  an  unfair  trade  practice  for  any  member  of 
the  Trade  to  employ  subterfuge,  directly  or  indirectly,  to  avoid 
or  attempt  to  avoid  the  provisions  of  this  Supplemental  Code  or  the 
purposes  and  intent  of  the  National  Industrial  Recovery  Act,  which 
are  to  increase  employment,  provide  better  wages,  promote  fair  com- 
petitive methods,  better  business  conditions,  and  promote  the  public 
welfare. 

Section  8.  It  shall  be  an  unfair  trade  practice  for  a  member  of  the 
Trade  to  grant  to  a  customer  a  discount  for  cash  at  a  percentage 
greater  than  the  percentage  of  discount  for  cash  received  by  such 
member  of  the  Trade  on  the  same  merchandise,  or  to  allow  extra 
discounts  for  anticipation  of  payment,  or  to  allow  a  discount  for 
cash  on  accounts  remaining  unpaid  after  the  tenth  of  the  calendar 
month  following  date  of  shipment,  or  to  grant  any  discount  for 
cash  where  payment  is  made  by  warrant,  note  or  trade  acceptance. 

Section  9.  It  shall  be  an  unfair  trade  practice  to  pay  or  absorb 
any  charge  for  sales  promotion  material  of  any  nature  furnished 
by  the  manufacturer  through  the  medium  of  the  wholesaler  to  the 
dealer;  provided,  nothing  contained  herein  shall  prohibit  bona  fide 
cooperative  advertising. 

Article  V — Permissi\^  Trade  Practices 

Section  1.  In  any  Trade  Area,  if  a  majority  in  numbers  and  vol- 
ume of  all  known  members  of  the  Trade  in  said  Area  vote  in  favor 
of  establishing  uniform  operating  hours,  such  a  schedule  of  uniform 
operating  hours  may  be  recommended  through  the  Divisional  Code 
Authority  to  the  Administrator  for  approval.  After  approval  by 
the  Divisional  Code  Authority  and  the  Administrator,  after  such 
notice  and  hearing  as  the  Administrator  may  prescribe,  said  uniform 
hours  shall  be  binding  upon  all  members  of  the  Trade  in  such  Trade 
Area. 

Article  VI — Modification 

This  Supplemental  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  National 
Industrial  Recovery  Act  from  time  to  time  to  cancel  or  modify  any 
order,  approval,  license,  rules  or  regulations  issued  under  Title  I 
of  said  Act. 


533 
Article  VII — Effective  Date 


This  Supplemental  Code  shall  become  effective  on  the  10th  day 
after  its  approval  by  the  Administrator,  and  thereupon  the  provisions 
of  the  Code  of  Fair  Competition  for  the  Industrial  Supplies  and 
Distributing  Trade  shall  become  inapplicable  as  to  any  activities  of 
members  of  the  Electrical  Wholesale  Trade  as  hereinbefore  defined^ 
which  are  covered  by  this  Supplemental  Code. 


Approved  Code  No.  201 — Supplement  No.  20. 
Registry  No.  1308-06. 


Approved  Code  No.  244 — Supplement  No.  18 
SUPPLEMENTARY  CODE   OF  FAIR  COMPETITION 

FOR  THE 

BUILDING  GRANITE  INDUSTRY 

As  Approved  on  August  20, 1934 


ORDER 

Code  of  Fair  Competition  for  the  Building  Granite  Industry^ 

a  di\t[sion  of  the  construction  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  and  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Section  5  of  Article  VIII  of 
Chapter  I  of  the  Code  of  Fair  Competition  for  the  Construction 
Industry,  approved  January  31,  1934,  for  approval  of  Chapter  XXII 
of  said  Code,  which  Chapter  XXII  is  applicable  to  the  Building 
Granite  Division  of  the  Construction  Industry,  and  hearings  having 
been  held  thereon  and  the  annexed  report  on  said  Code,  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  Chapter  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 
Chapter  XXII  be  and  it  is  hereby  approved  and  that  the  previous 
approval  of  said  Code  of  Fair  Competition  for  the  Construction 
Industry  is  hereby  modified  to  include  an  approval  of  said  Code  in 
its  entirety  as  supplemented  by  said  Chapter  XXII;  provided, 
however : 

(a)  That  the  wages  and  hours  established  in  this  Code  are  ap- 
proved only  because  of  the  competitive  conditions  with  the  Lime- 
stone Industry  and  such  approval  shall  not  constitute  a  precedent 
for  any  other  Industry,  and 

(b)  That  in  the  event  the  provisions  covering  the  averaging  of 
hours  of  work  in  the  Code  of  Fair  Competition  for  the  Limestone- 

(535) 


536 

Industry  are  staj^ed  or  modified,  a  similar  stay  or  modification  will 
he  made  in  this  Code ;  and 

(c)  That  in  the  event  of  revision  of  other  labor  provisions  than 
those  pertaining  to  the  averaging  of  hours  of  work  of  the  Code  of 
Fair  Competition  for  the  Limestone  Industry,  the  Code  Authority  of 
the  Building  Granite  Division  of  the  Construction  Industry  shall 
submit  recommendations  in  respect  to  making  equitable  revisions  of 
the  Building  Granite  Division  of  the  Construction  Industry  Code; 
and 

(d)  That  within  90  days  after  the  effective  date  of  this  Code  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  that  I  may 
make  after  such  hearing  shall  have  the  effect  of  a  condition  on  the 
:approval  of  said  Code. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recoveinf. 

Approval  recommended  : 
Geo.  L.  Beery, 

Division  Administrator. 

Washington,  D.C, 

August  20,  193^. 


KEPORT  TO  THE  PRESIDENT 

Tlie  President, 

The  White  House. 

Sir  :  This  is  a  report  on  the  Building  Granite  Chapter  of  the  Code 
of  Fair  Competition  for  the  Construction  Industry,  which  is  de- 
scribed as  Chapter  I  and  which  was  approved  by  you  on  January 
31,  1934. 

This  Chapter  is  a  revision  after  a  public  hearing  conducted  in 
Washington  on  September  11,  1933,  in  accordance  with  provisions 
of  the  National  Industrial  Recovery  Act.  This  Chapter  amplifies 
Chapter  I  but  applies  specifically  to  the  Building  Granite  Division 
of  the  Construction  Industry. 

PROVISIONS  FOR  HOURS  AND  WAGES 

Building  granite  is  in  direct  competition  with  limestone.  The  hours 
and  wages  tor  manual  labor  for  this  Chapter  are  generally  the  same 
as  provided  in  the  Code  of  Fair  Competition  for  the  Limestone  In- 
dustry except  that  minimum  wages  in  the  northern  zone  are  two 
cents  per  hour  higher  than  in  the  Limestone  Code.  The  hours  and 
wages  for  other  employees  are  generally  the  same  as  provided  in 
Chapter  I  of  the  Construction  Code. 

ECONOMIC  EFFECTS  OF  THE  CODE 

In  1929  there  were  11,200  men  employed  in  granite  quarries,  but 
in  1932  the  number  had  dropped  to  7,600.  The  men  were  employed 
an  average  of  190  days  in  1932.  Wages  for  laborers  of  as  low  as 
ten  to  fifteen  cents  an  hour  had  been  reported  for  parts  of  the  coun- 
try. Available  data  indicates  that  the  workers  engaged  in  quarry- 
ing and  processing  at  the  quarries  averaged  49  hours  per  week  in 
1929,  which  figure  was  reduced  to  46  hours  in  1932.  Available  data 
further  indicates  that  it  is  reasonable  to  assume  that  the  40-hour 
maximum  average  provided  by  the  Code  would  absorb  a  large  per- 
centage of  the  unemployment  in  quarrying  and  processing  at  the 
quarry  site.  It  is  reasonable  to  predict  that  the  establishment  of 
uniform  rates  of  pay,  uniform  hours  of  work,  improved  conditions 
of  employment,  and  a  prohibition  of  unfair  trade  practices  will  be 
beneficial  to  all  of  this  Industry,  as  well  as  to  the  employees  and  the 
consumers. 

FINDINGS 

The  DejDuty  Administrator,  in  his  final  report  to  me  on  said  Build- 
ing Granite  Chapter  of  the  Code  of  Fair  Competition  for  the 
Construction  Industry,  having  found  as  herein  set  forth  and  on  the 
basis  of  all  the  proceedings  in  this  matter ; 

(o37) 


538 

I  find  that : 

(a)  Said  Building  Granite  Chapter  and  said  Code  of  Fair  Com- 
petition for  the  Construction  Industry,  as  supplemented  by  said 
Building  Granite  Chapter,  are  well  designed  to  promote  the  policies 
and  purposes  of  Title  I  of  the  National  Industrial  Recovery  Act,  in- 
cluding removal  of  obstructions  to  the  free  flow  of  interstate  and 
foreign  commerce  which  tend  to  diminish  the  amount  thereof  and 
will  provide  for  the  general  welfare  by  promoting  the  organization 
of  industry  for  the  purpose  of  cooperative  action  among  the  trade 
groups,  by  inducing  and  maintaining  united  action  of  labor  and 
management  under  adequate  governmental  sanctions  and  supervision, 
by  eliminating  unfair  competitive  practices,  by  promoting  the  fullest 
possible  utilization  of  the  present  productive  capacity  of  industries, 
by  avoiding  undue  restriction  of  production  (except  as  may  be  tem- 
porarily required),  by  increasing  the  consumption  of  industrial  and 
agricultural  products  through  increasing  purchasing  power,  by  re- 
ducing and  relieving  unemployment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

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

(c)  Said  Building  Granite  Chapter  and  the  Code  of  Fair  Compe- 
tition for  the  Construction  Industry,  as  supplemented  by  said  Build- 
ing Granite  Chapter,  as  approved  comply  in  all  respects  with  the 
pertinent  provisions  of  said  Title  of  said  Act,  including  without 
limitation  subsection  (a)  of  Section  3,  subsection  (a)  of  Section  7, 
and  subsection  (b)  of  Section  10  thereof;  and  that  the  applicant 
association  is  an  industrial  association  truly  representative  of  the 
aforesaid  Industry ;  and  that  said  Association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

(d)  Said  Building  Granite  Chapter  and  the  Code  of  Fair  Compe- 
tition for  the  Construction  Industry,  as  supplemented  by  said  Build- 
ing Granite  Chapter,  are  not  designed  to  and  will  not  permit 
monopolies  or  monopolistic  practices. 

(e)  Said  Building  Granite  Chapter  and  the  Code  of  Fair  Compe- 
tition for  the  Construction  Industry,  as  supplemented  by  said  Build- 
ing Granite  Chapter,  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 
Building  Granite  Chapter  and  of  said  Code,  as  supplemented  by  this 
Building  Granite  Chapter  thereof. 

For  these  reasons,  therefore,  I  have  approved  said  Building 
Granite  Chapter  of  the  Code  of  Fair  Competition  for  the  Construc- 
tion Industry. 

Respectfully, 

Hugh  S.  Johnson, 

A  dministrator. 
August  20,  1934. 


Chapter  XXII 

SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  BUILDING  GRANITE  DIVISION  OF  THE  CON- 
STRUCTION INDUSTRY 

Article  I — Definitions 

Section  1.  The  term  "  Building  Granite  Division  of  the  Construc- 
tion Industry  "  or  "  this  Division  "  as  used  herein  means  the  selling 
and/or  quarrying,  fabricating,  finishing,  assembling,  and/or  fitting 
of  granite  for  sale  (or  for  a  sale  made  previously)  for  architectural 
and/or  construction  purposes. 

Section  2.  The  term  "  granite  for  architectural  and/or  construc- 
tion purposes  "  or  "  granite  "  as  used  herein  includes  all  granite  which 
is  used  for  ornamental  public  improvements,  community  mausoleums, 
buildings,  dry  docks,  bridges,  sea  walls,  foundations,  publicly  owned 
monuments,  and  all  similar  types  of  construction,  but  does  not  include 
crushed  granite. 

Section  3.  The  term  "  Subdivision "  as  used  herein  means  and 
includes  any  related  industry  which  hereafter  subject  to  the  approval 
of  the  President  and  the  Divisional  Code  Authority  of  this  Division 
may  be  included  hereunder  as  a  subdivision  or  otherwise. 

Section  4.  The  term  "  association  "  as  used  herein  shall  mean  the 
National  Building  Granite  Quarries  Association,  Inc. 

Article  II  ^ — Hours,  Wages  and  Conditions  of  Employment 

Section  1.  Hours. — The  following  are  exempt  from  the  provisions 
of  Section  2B,  Article  III  of  Chapter  1  of  this  Code,  relating  to 
maximum  hours. 

(a)  Employees  (except  those  engaged  in  fitting  at  the  site  where 
the  granite  is  to  be  installed  who  shall  be  within  provisions  of  said 
Section  2B)  engaged  in  manual  labor  who  shall  not  be  permitted 
to  work  in  excess  of  forty  (40)  hours  per  week  averaged  over  three 
(3)  month  periods;  or  in  excess  of  forty-eight  (48)  hours  in  any  one 
(1)  week;  or  in  excess  of  six  (6)  days  in  any  one  (1)  week;  or  in 
excess  of  eight  (8)  hours  in  any  twenty-four  (24)  hour  period, 

(b)  Salesmen  and  Estimators. 

(c)  Employees  engaged  in  professional,  executive,  administrative 
and  supervisory  capacity  who  are  not  regularly  engaged  in  manual 
labor  receiving  thirty-five  dollars  ($35.00)  or  more  per  week. 

(d)  Watchmen  who  shall  not  be  permitted  to  work  in  excess  of 
twelve  (12)  hours  in  any  twenty-four  (24)  hour  period;  or  in  excess 
of  six  (6)  days  in  any  seven  (7)  day  period;  or  in  excess  of  fifty-six 
(56)  hours  in  any  seven  (7)  day  period. 

1  See  paragraph  2  of  order  approving  this  Code. 

(539) 


540 

(e)  Firemen,  plant  engineers,  powdermen,  loading  and  shipping- 
crews  who  shall  not  be  permitted  to  work  more  than  two  (2)  hours 
per  day  in  excess  of  the  maximum  hours  prescribed  in  (a)  of  this 
Section  or  in  excess  of  forty-eight  (48)  hours  in  any  seven  (7)  day 
period. 

(f )  Employees  engaged  in  emergency  work  involving  breakdowns 
or  the  protection  of  life  and/or  property. 

Section  2.  Member  Performing  'Work. — Members  of  this  Divi- 
sion who  personally  perform  manual  labor  or  are  engaged  in  mechan- 
ical operations  shall  not  exceed  the  maximum  hours  prescribed  herein 
while  so  working  or  engaged. 

Section  3.  Wages. —  (a)  No  employee,  except  as  hereinafter  set 
forth,  shall  be  paid  at  less  than  the  hourly  rates  specified  in  the 
following  schedule;  provided,  however,  that  the  provisions  of  this- 
Section  shall  not  be  construed  as  establishing  a  minimum  rate  of  pay 
for  other  than  common  or  unskilled  labor ;  and  provided  further  that 
such  provisions  shall  not  be  construed  to  authorize  reductions  in 
existing  rates  of  pay. 

(1)  When  employed  in  Alabama,  Arizona,  Arkansas,  Florida,. 
Georgia,  Kentuclry,  Louisiana,  Mississippi,  New  Mexico,  North  Caro- 
lina, Oklahoma,  South  Carolina,  Tennessee,  Texas,  Virginia,  West 
Virginia, — thirty  cents  (300). 

(2)  When  employed  in  California,  Colorado,  Connecticut,  District 
of  Columbia,  Delaware,  Idaho,  Illinois,  Indiana,  Iowa,  Kansas, 
Maine,  Maryland,  Massachusetts,  Michigan,  Minnesota,  Missouri,. 
Montana,  Nebraska,  Nevada,  New  Hampshire,  New  Jersey,  New 
York,  North  Dakota,  Ohio,  Oregon,  Pennsylvania,  Rhode  Island^ 
South  Dakota,  Utah,  Vermont,  Washington,  Wisconsin,  Wyoming,- — 
forty  cents  (400). 

(b)  All  employees  engaged  in  fitting  granite  at  the  site  where  the 
granite  is  to  be  installed  shall  be  paid  in  accordance  with  the  provi- 
sions of  Chapter  I  of  this  Code,  or  of  any  other  pertinent  Chapters  of 
the  Code  of  Fair  Competition  for  the  Construction  Industry,  or  of 
any  pertinent  agreement  arrived  at  and  provided  in  said  Chapter  I 
or  Section  7  (b)  of  the  Act. 

(c)  Employees  engaged  solely  as  tool  and  water  boys,  and  com- 
prising not  more  than  four  per  cent  (4%)  of  the  total  number  of 
employees  (except  that  in  any  case  there  may  be  at  least  one  (1) 
tool  and  one  (1)  water  boy),  may  be  paid  at  not  less  than  eighty 
per  cent  (80%)  of  the  hourly  wages  prescribed  herein. 

(d)  Overtime. — Employees  engaged  as  described  in  paragraphs 
(e)  and  (f)  of  Section  1  hereof  and  powdermen  and  loading  and 
shipping  crews  shall  be  paid  at  the  overtime  rate  of  at  least  one  and 
one-quarter  (IVl)  times  the  normal  job  rate  for  all  hours  worked 
in  excess  of  the  daily  or  weekly  maxima  prescribed  in  paragraph 
(a)  of  Section  1  hereof. 

(e)  Payment. — All  members  of  the  Division  shall  make  paynient 
of  all  wages  due  in  lawful  currency  or  by  negotiable  check  therefor 
payable  on  demand  at  par.  If  wages  are  paid  b}^  check,  the  employer 
shall  provide  reasonable  facilities  for  cashing  checks  at  face  value 
without  charge  or  discount  to  the  employee.  Employers  shall  also 
provide  such  identification  as  is  necessary  to  utilize  such  facilities.. 


541 

Wages  of  employees  paid  on  an  hourly  basis  shall  be  due  and 
payable  at  least  twice  each  month.  Not  more  than  one  week's  wages 
shall  be  held  in  arrears.  Wages  and  salaries  shall  be  exempt  from 
any  payment  for  pensions,  insurance  or  sick  benefits  except  such  as 
is  voluntarily  paid  or  authorized  to  be  deducted  by  employees. 

The  provisions  of  this  Section  regarding  payment  of  hourly  wages 
shall  not  apply  to  persons  employed  in  professional,  executive,  ad- 
ministrative, and  supervisory  capacity  who  earn  in  excess  of  thirty- 
five  dollars  ($35.00)  per  week,  nor  to  persons  employed  in  sales, 
estimating,  clerical  or  office  work.  The  wages  for  such  persons  shall 
be  due  at  least  monthly. 

(f)  Rebates. — Members  of  the  Division  or  their  agents  shall  not 
accept,  either  directly  or  indirectly,  rebates  on  such  wages  or  give 
anything  of  value  or  extend  any  favors  to  any  person  for  the  pur- 
pose of  influencing  rates  of  wages  or  working  conditions  of  their 
employees,  or  cause  such  to  be  done. 

Section  4.  Conditions  of  Employment. —  (a)  Posting. — All  mem- 
bers of  this  Division  shall  post  and  keep  posted  in  conspicuous  places 
readily  accessible  to  all  employees  complete  copies  of  Chapter  I. 
General  Provisions  for  the  Construction  Industry,  and  of  this  Chap- 
ter of  this  Code.  All  members  of  this  Division  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. 

(b)  Safety  and  Health. — Each  member  of  this  Division  shall  make 
reasonable  provisions  for  the  safety  and  health  of  his  employees  at 
the  place  and  during  the  hours  of  their  employment.  Standards 
for  safety  and  health  shall  be  submitted  by  the  Divisional  Code 
Authority  to  the  Administrator  within  six  (6)  months  after  the 
effective  date  of  this  Code. 

(c)  Limited  Capacity. — Persons  whose  earning  capacities  are  lim- 
ited because  of  age,  physical  or  mental  handicap,  or  other  infirmity, 
may  be  employed  on  light  work  at  a  wage  below  the  minimum  estab- 
lished by  this  Code,  if  the  member  of  this  Division  who  is  the  em- 
ployer thereof  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.  Each  member  of  the  Division  shall  file 
monthly  with  the  Divisional  Code  Authority  a  list  of  all  such  per- 
sons employed  by  him,  showing  the  wages  paid  to,  and  the  maximum 
hours  of  work  for,  such  employee. 

(d)  Contracting. —  (1)  No  member  of  this  Division  shall,  directly 
or  indirectly,  let  or  sublet  to  any  employee  or  laborer  solely  the  labor 
services  required  by  any  contract  secured  by  such  member,  except 
where  said  labor  services  are  compensated  at  a  rate  of  not  less  than 
the  minima  prescribed  herein  or  in  any  applicable  agreement  ap- 
proved as  provided  in  Chapter  I  of  this  Code  or  Section  7  (b)  of  the 
Act.  This  shall  not  be  interpreted  to  affect  or  modify  the  last  para- 
graph of  Chapter  I,  Article  III,  Section  2  A. 

(2)  In  no  case  shall  a  meniber  of  this  Division  avoid  or  evade  the 
labor  provisions  of  this  Chapter  by  contracting  for  granite  with  any 
person  or  persons  subject  to  labor  provisions  less  stringent  than  those 
jDrovided  in  this  Chapter, 


542 
Article  III — Administration  ^ 

Section  1.  Code  Authority. — A  Divisional  Code  Authority  is 
'hereby  constituted  to  administer  this  Code  within  this  Division.  The 
Divisional  Code  Authority  shall  consist  of  seven  (7)  individuals. 

Five  (5)  members  of  the  Divisional  Code  Authority  shall  be  mem- 
bers or  representatives  of  the  Association,  appointed  by  the  Board 
of  Directors  of  said  Association,  to  serve  for  terms  of  one  (1)  year. 

The  two  (2)  remaining  members  of  the  Divisional  Code  Authority 
shall  be  selected  on  a  fair  basis  from  and  to  represent  members  of  this 
Division  who  are  not  members  of  said  Association  or  responsible 
thereto.  They  shall  be  initially  appointed  by  the  Administrator. 
Nominations  for  such  appointments  shall  be  made  by  the  Board  of 
Directors  of  said  Association.  Such  members  shall  serve  for  a  term 
of  one  (1)  year  or  until  his  or  their  successors  have  been  selected 
by  the  members  of  the  Division  who  are  not  members  of  said  Asso- 
ciation, according  to  a  method  of  selection  satisfactory  to  and 
approved  by  the  Administrator,  or  until  such  member  or  members 
become  a  member  or  members  of  the  Association  or  responsible 
thereto,  whichever  of  said  periods  shall  be  the  less.  In  the  event 
no  selection  by  the  non-members  of  the  Association  of  such  members 
is  made  within  thirty  (30)  days  of  the  expiration  of  any  such 
members'  terms,  the  Administrator  shall  appoint  the  successors. 

Section  2.  Review  of  Acts  of  the  Code  Authority. — If  the  Admin- 
istrator shall  determine  that  any  action  of  the  Divisional  Code 
Authority  or  any  agency  thereof  may  be  unfair  or  unjust  or  con- 
trary to  the  public  interest,  the  Administrator  to  the  extent  of  his 
powers  under  the  Act  may  require  that  such  action  be  suspended  to 
afford  an  opportunity  for  investigation  of  the  merits  of  such  action 
and  further  consideration  by  the  Divisional  Code  Authority  or 
agencj^  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  3.  Standard  Forms. — Divisional  Code  Authority  shall  de- 
vise standard  forms  of  proposals  and  contracts,  which  forms  shall 
protect  the  rights  of  buyers  and  sellers,  and  apply  for  the  approval 
of  the  Administrator  and  Construction  Code  Authority  to  these 
forms. 

Section  4.  Designation  of  Dejfository. — The  Divisional  Code  Au- 
thority shall  appoint  and  maintain  a  suitable  impartial  agency  as 
a  depository  for  bids  on  granite.  The  duties  of  this  depository  are 
as  set  forth  under  Article  IV  hereof  or  as  the  Divisional  Code 
Authority  may  from  time  to  time  delegate  to  it.  Nothing  herein 
contained  shall  relieve  the  Divisional  Code  Authority  of  its  duties 
and  responsibilities. 

Section  5.  Code  Exjjense. — 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  Divisional  Code  Authoritj'^  is  authorized: 

(a)  To  incur  such  reasonable  obligations  as  are  necessary  and 
proper  for  the  foregoing  purposes,  and  to  meet  such  obligations  out 

2  See  paragraph  2  of  order  approving  this  Code. 


543 

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  he  contributed  by  members  of  the 
Division ; 

(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  Division,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

B.  Each  member  of  the  Division  shall  pay  his  or  its  equitable 
contribution  to  the  expenses  of  the  maintenance  of  the  Divisional 
Code  Authority,  determined  as  hereinabove  provided,  and  subject  to 
rules  and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  members  of  the  Division  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  Divisional  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 in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Adminis- 
trator shall  have  so  approved. 

Article  IV — Trade  Practice  Rules 

General  Deflmtion. — Violation  of  any  rule  set  forth  in  this  Article 
shall  constitute  an  unfair  trade  practice.  Any  member  of  the  Di- 
vision who  shall,  directly  or  indirectly,  use  or  employ  such  an  unfair 
trade  practice  shall  be  in  violation  of  the  Code.  Nothing  in  the 
Article  shall  supersede  or  relieve  the  Divisional  Code  Authority  of  its 
duties  and  responsibilities. 

rule    1.    FILING  OF  BIDS,   ETC.,   APPLICABLE  ONLY  TO  BIDS  AMOUNTING  TO 

$5,00  0    OR   OVER 

(a)  Filing  Bids. — Each  member  of  this  Division  shall  file. with  or 
mail  to  the  depository  two  (2)  signed  exact  duplicate  copies,  prop- 
erly identified,  of  every  bid  or  revised  bid  for  granite,  together  with  a 
list  of  all  contractors  and/or  others  to  whom  such  bid  or  revised  bid 
is  in  anj'  manner  communicated.  All  such  bids  shall  be  filed  or 
mailed  not  later  than  thirty  (30)  hours  before  the  time  set  for  the 
opening  of  general  contract  bids  when  the  granite  is  part  of  a  general 
contractor's  proposed  contract,  or  not  later  than  thirty  (30)  hours 
before  the  time  set  for  opening  of  granite  bids  when  granite  bids  are 
requested  by  others  instead  of  through  general  contractors.  Mem- 
bers of  the  Division  shall  immediately  notify  the  depository  if  the 
time  set  for  opening  of  bids  has  been  changed. 

86360 — 34 25 


544 

(b)  Opening  of  Filed  Bids. — Not  sooner  than  thirty  (30)  hours 
nor  later  than  seventy-eight  (78)  hours  after  the  time  established  in 
(a)  hereof,  for  the  filing  of  granite  bids,  the  depository  shall  open 
the  filed  duplicate  bids  and  mail  one  (1)  signed  copy  of  each  bid 
to  the  recipient  of  the  original  of  such  bid  as  a  confirmation;  and 
mail  to  all  members  of  the  Division  who  filed  bids,  and  who  have 
complied  with  the  provisions  of  Section  5  of  Article  III  in  the 
manner  prescribed  in  applicable  Executive  or  Administrative  Orders, 
a  copy  of  all  bids  and  lists  filed  as  described  in  (a)  hereof.  Written 
notice  of  any  apparent  violation  of  this  Article  shall  be  filed  by  the 
Depository  with  the  Divisional  Code  Authority. 

(c)  Revisions. — If  revisions  requiring  a  change  of  less  than  25% 
of  the  cubic  quantity  of  granite  are  made  in  the  plans  and/or  speci- 
fications after  the  original  opening  of  filed  bids  and/or  new  bids 
are  called  for,  only  members  of  the  Division  who  bid  originally  may 
submit  new  or  revised  bids  and  such  members  of  the  Division  shall 
immediately  send  a  breakdown  of  their  original  bid  to  the  depository, 
and  if  required  by  the  Divisional  Code  Authority,  shall  substantiate 
the  fact  that  their  revised  bid  is  made  on  the  same  basis  as  their 
original  bid.  •  In  case  the  lowest  filed  bid  (filed  originally)  amounted 
to  less  than  twenty-five  thousand  dollars  ($25,000.00),  this  para- 
graph shall  be  effective  for  one  hundred  and  twenty  (120)  clays  and 
otherwise  for  one  hundred  and  eighty  (180)  days  from  the  time 
established  in  Rule  1  (a)  hereof  for  the  original  filing  of  bids.  If  the 
revisions  require  a  change  of  25%  or  more  of  the  cubic  quantity 
of  granite,  new  bids  may  be  submitted  by  any  member  of  the  Divi- 
sion at  a  time  as  provided  for  in  paragraph  (a)  hereof. 

(d)  Cube. — The  total  net  cubic  quantity  of  granite  required  by 
each  bid  or  revised  bid  shall  be  filed  with  the  bid.  The  cubic  quan- 
tity shall  be  determined  by  rectangular  measure.  The  rectangular 
measure  of  each  piece  of  granite  shall  be  the  cubic  volume  of  the 
smallest  rectangular  box  in  which  said  piece  can  be  enclosed. 

(e)  Filing  Contracts. — Each  member  of  the  Division  shall  file 
with  the  depository  true  copies  of  all  contracts  for  granite  work 
awarded  to  them  within  twenty-four  (24)  hours  after  the  actual 
execution  of  the  contract.  In  the  event  a  member  of  the  Division 
shall  begin  work  prior  to  the  execution  of  a  contract,  he  shall  pro- 
ceed on  the  basis  of  his  filed  bid  and  shall  so  notify  the  depository. 
Upon  execution  of  the  contract  he  shall  file  a  copy  of  the  contract 
as  required  above.  The  depository  shall  immediately  report  this, 
together  with  contract  price,  to  all  known  members  of  the  Division 
wiio  have  complied  with  the  provisions  of  Section  5  of  Article  III 
in  the  manner  prescribed  in  applicable  executive  or  administrative 
orders. 

(f )  Confidential  Information. — All  information  received  by  the  de- 
l^ository  shall  be  kept  confidential  except  as  otherwise  provided  in 
this  Code  and  except  that  it  shall  be  available  to  the  Administrator 
upon  his  request.  The  depository  shall  report  in  writing  any  known 
or  suspected  violation  of  this  Code  to  the  Divisional  Code  Au- 
thority. In  no  case  shall  the  depository  be  permitted  or  required 
to  open  filed  bids  prior  to  the  time  established  in  Rule  1  (b)  hereof, 
for  the  opening  of  filed  bids. 

(g)  Stock  and  Quarry. — Each  member  of  the  Division  shall  name 
in  his  bid  the  stock  and  quarry  on  Avhich  it  is  based  and  if  any  other 


545 

member  of  the  Division  is  to  perform  any  of  the  functions  defined  in 
Article  I,  Section  1  hereof  (with  the  exception  of  carving),  such 
member  or  members  of  the  Division  shall  be  named  in  the  bid. 

(h)  Plans  and  Speci-fications. — Members  of  the  Division  shall  bid 
on  granite  only  in  strict  accordance  with  plans  and/or  specifications 
which  state  the  name  and  location  of  the  work  and  of  the  Architect 
and/or  Engineer.  This  shall  not  prevent  any  member  of  the  Divi- 
sion from  bidding  to  any  other  member  of  the  Division  on  any 
portion  of  any  project  so  long  as  the  remaining  provisions  of  this 
Code  are  observed.  The  naming  or  describing  of  any  particular 
granite  in  the  specifications  shall  not  prohibit  any  member  of  the 
Division  from  bidding  on  the  work  in  other  granites,  subject,  how- 
ever, to  the  provisions  of  Rule  3  of  this  Article.  All  granite,  called 
for  by  the  plans  and  specifications,  including  curbing,  paving,  flag- 
ging and  similar  granite  work,  with  the  exception  of  crushed  granite, 
shall  be  included  in  the  bid. 

(i)  Contract  aiul  Bid. — No  member  of  the  Division  shall  accept 
and/or  execute  any  contract  for  the  sale  of  granite  except  in  accord- 
ance with  such  members  bid  for  such  granite. 

(j)  Standard  Forms. — All  members  of  the  Division  shall  use 
standard  forms  of  proposals  and  contracts  for  granite  after  they 
have  been  approved  by  the  Construction  Code  Authority  and  the 
Administrator,  except  in  cases  where  special  forms  are  prescribed  by 
competent  governmental  authority. 

RULE   2.   DIVISION   OF  BIDS 

In  submitting  his  bid  the  member  of  the  Division  shall  clearly  state 
the  exact  place  and  conditions  of  delivery  and  if  the  bid  includes  any 
functions  other  than  those  defined  in  Article  I,  Section  1  hereof,  the 
amount  included  in  the  bid  for  such  functions  shall  be  set  forth 
separately.  Each  bid  may  also  state  the  price  for  granite  f .o.b.  point 
of  shipment. 

RULE    3.    BIDDING    ON    STOCK   PRODUCED   BY    OTHER    MEMBERS    OF   THE 

DIVISION 

Xo  member  of  the  Division  shall  submit  a  bid  based  upon  rough 
stock  quarried  by  another  member  of  the  Division  without  first  secur- 
ing the  consent  of  that  member  of  the  Division  or  a  quotation  on  the 
stock  he  desires  to  bid  upon,  but  if  special  granites  are  specified, 
any  one  of  which  amounts  to  less  than  five  per  cent  (5%)  of  the  total 
granite  cube,  this  shall  not  apply  to  such  special  granites. 

RULE    4.    CHANGING  OF  BIDS 

For  a  period  of  one  hundred  and  twenty  (120)  days  (one  hundred 
and  eighty  (180)  days  if  lowest  original  bid  filed  was  tw^enty-five 
thousand  dollars  ($25,000)  or  more)  after  bids  have  been  opened,  no 
member  of  the  Division  shall  change  his  bid  except  as  herein  pro- 
vided. Xothing  herein  contained  shall  deprive  a  member  of  the 
Division  of  an}-  right  he  has  to  withdraw  his  bid.  In  case  of  a  filed 
bid,  a  report  of  such  withdrawal  shall  be  sent  immediately  to  the 


546 

Depository  and  by  the  Depository  to  all  bidding  members  of  the 
Division. 

RULE  5.  BIDDING  ON  REVISIONS 

None  but  members  of  the  Division  who  bid  originally  may  bid 
on  revisions  requiring  a  change  of  less  than  25%  of  the  cubical  quan- 
tity of  granite  and  then  only  to  those  to  whom  they  originally  sub- 
mitted bids,  except  to  contractors  or  others  who  did  not  themselves 
bid  originally  but  are  making  bids  on  the  revised  plans  and  speci- 
fications. Bids  to  such  contractors  who  did  not  bid  originally  shall 
not  be  lower  than  the  lowest  revised  bid  given  to  original  bidders. 
In  case  the  lowest  filed  bid  (filed  originally)  amounted  to  less  than 
twenty-five  thousand  dollars  ($2.5,000),  this  paragraph  shall  be 
effective  for  one  hundred  and  twenty  (120)  days  and  otherwise  for 
one  hundred  and  eighty  (180)  days  from  the  time  established  in 
Eule  1  (a)  hereof  for  the  original  filing  of  bids. 

RULE   6.    OPENING  OF  COMPETITIVE  BIDDING 

The  Divisional  Code  Authority  or  the  Administrator  shall  declare 
the  new  or  revised  bidding  open  to  all  members  of  the  Division  upon 
receipt  of  satisfactory  evidence  of  collusion  between  any  or  all 
bidding  members  of  the  Division  or  between  bidding  member  or 
bidding  members  of  the  Division  and  others. 

RULE  7.   AGENTS 

(a)  Each  member  of  the  Division  ,shall  immediately  file  with  the 
Depository  established  under  Article  III,  section  4,  a  list  of  all  his 
sales  agents  together  with  a  true  and  complete  statement  of  all  oral 
and/or  written  contractural  relations  with  each  such  agent.  Informa- 
tion regarding  such  contractural  relations  is  to  be  available  to  the 
Administrator,  and  to  be  otherwise  held  confidential  by  the 
Depository. 

(b)  No  member  of  the  Division  shall,  directly  or  indirectly,  make 
any  allowance  or  payment  whether  in  the  form  of  money  or  other- 
wise to  his  sales  agents  except  in  strict  accordance  with  the  true 
and  complete  statement  of  all  oral  and/or  written  contractural  rela- 
tions with  such  agent  as  hereinbefore  required. 

RULE  8.    SECRET  REBATES,  ETC. 

No  member  of  the  Division  shall  (except  as  herein  provided)  offer 
or  make  any  payment  or  allowance  to  any  purchaser  of  a  rebate, 
refund,  commission  credit,  unearned  discount  or  excess  allowance, 
whether  in  the  form  of  money  or  otherwise,  or  offer  or  extend  special 
service  or  privilege  not  extended  to  all  customers  of  the  same  class, 
for  the  purpose  of  influencing  a  sale. 

RULE   9.    CONTRACT  ADJUSTMENTS  REQUIRED 

No  member  of  the  Division  in  the  execution  of  a  contract  for 
granite  shall  furnish  and/or  provide,   directly  or  indirectly,  any 


547 

material,  labor,  or  service  of  any  nature  in  addition  to  the  require- 
ments of  his  existing  contract  as  filed  with  the  depository  unless 
an  equitable  adjustment  shall  have  been  made  to  compensate  this 
member  of  the  Division  therefor. 

RULE    10.    SELLING  TO  OTHERS,  ETC. 

No  member  of  the  Division  shall  sell  to  or  through  any  person  who 
is  a  member  of  this  Division  who  resells  except  on  condition  that 
such  person  shall  agree  not,  (1)  to  split  commissions  directly  or 
indirectly  with  any  person;  (2)  to  sell  or  offer  to  sell  granite  except 
in  compliance  with  all  the  provisions  of  this  Code. 

RULE   11.    SALES  AND  CONTRACTS  IN  ACCORDANCE  WITH  CODE 

No  member  of  the  Division  shall  directly  or  indirectly  sell,  offer 
to  sell,  negotiate  for  the  sale  of,  contract  or  perform  any  contract 
for  granite  in  violation  of  this  Code. 

RULE   12.    APPLICATION 

The  provisions  of  this  Article  shall  apply  to  this  Division  as  herein 
defined  excluding  operations  therein  undertaken  in  accordance  with 
bona  fide  bids  made  not  more  than  ninety  (90)  days  prior  to  the 
effective  date,  or  contracts  entered  into  prior  to  the  effective  date. 

Article  V — Registration  of  Members  of  the  Division 

Each  member  of  this  Division  within  thirty  (30)  days  after  the 
effective  date  of  this  Chapter,  shall  register  with  the  Divisional  Code 
Authorit3^  All  members  of  this  Division  who  shall  be  within  the 
Building  Granite  Division  thereafter  shall  likewise  register  with  the 
Divisional  Code  Authority.  Registration  of  the  members  of  this 
Division  shall  include  the  full  name  and  mailing  address  of  such 
member.  Application  may  be  made  by  the  Divisional  Code  Au- 
thority to  the  Administrator  for  an  extension  of  the  time  limit  for 
registration  by  any  member  of  this  Division  if  it  appears  that  the 
time  limit  as  provided  herein  may  cause  injustice  or  undue  hardship 
to  anj'  member  of  this  Division. 

Article  VI — Modification 

Subject  to  the  provisions  of  Section  2  (c)  of  Article  IVB  of  Chap- 
ter I  of  this  Code,  the  provisions  of  this  Chapter,  except  as  to  provi- 
sions required  by  the  Act,  may  be  modified  on  the  basis  of  experience 
or  changes  in  circumstances,  such  modifications  to  be  based  upon 
application  to  the  Administrator  and  such  notice  and  hearing  as  he 
shall  specify,  and  to  become  effective  on  his  approval. 

Article  VII — Mandatory  Provisions  of  the  Act  and  Reference 
to  Provisions  of  Chapter  I 

Section  1.  Labor  Provisions  of  the  Act. — Employees  shall  have 
the  right  to  organize  and  bargain  collectively  through  representa- 
tives of  their  own  choosing  and  shall  be  free  from  the  interference, 


548 

restraint,  or  coercion  of  members  of  the  Division,  or  their  agents, 
in  the  designation  of  such  representatives  or  in  self-organization  or 
in  other  concerted  activities  for  the  purpose  of  collective  bargaining 
or  other  mutual  aid  or  protection;  no  employee  and  no  one  seeking 
employment  shall  be  required  as  a  condition  of  employment  to  join 
any  company  union  or  to  refrain  from  joining,  organizing  or  assist- 
ing a  labor  organization  of  his  own  choosing;  members  of  the  Divi- 
sion 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.  Presidential  Powers. — This  Code,  and  all  the  provisions 
thereof,  and  of  any  Chapter  thereof,  are  expressly  made  subject  to 
the  right  of  the  President,  in  accordance  with  the  provisions  of  sub- 
section (b)  of  Section  10  of  the  Act,  from  time  to  time  to  cancel  or 
modify  any  order,  approval,  license,  rule  or  regulation  issued  under 
Title  I  of  the  Act  and  specifically,  but  without  limitation  to  the  right 
of  the  President  to  cancel  or  modify  his  approval  of  this  Code,  or 
of  any  addition  thereto,  or  any  conditions  imposed  by  him  upon 
such  approval. 

Section  3.  Reference  to  Provisions  of  Chapter  I. — Provisions  of 
Chapter  I  of  this  Code,  including  any  amendments  thereto,  or  modi- 
fications thereof,  except  as  herein  specifically  provided  are  specifically 
incorporated  herein  with  the  same  force  and  effect  as  if  set  forth 
herein  in  full. 

Article  VIII — Effective  Date 

This  Chapter  shall  become  effective  on  the  thirtieth  (30th)  day 
after  the  approval  pursuant  to  the  Act,  and  shall  apply  only  within 
the  forty-eight  (48)  States  and  the  District  of  Columbia, 

Approved  Code  No.  244 — Supplement  No.  18. 
Registry  No.  1023-01. 


Approved  Code  No.  383 — Supplement  No.  1 

SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION 

FOR  THE 

DOWEL  INDUSTRY 

As  Approved  on  August  20,  1934 


ORDER 

Approving  Code  of  Fair  Competition  for  the  Dowel  Industry 

A  di\t:sion  of  the  wood  turning  and  shaping  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  a  Code  of 
Fair  Competition  for  the  Dowel  Industry,  a  subdivision  of  the  Wood 
Turning  and  Shaping  Industries,  and  hearings  having  been  duly 
held  thereon  and  the  annexed  report  on  said  Code,  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  Pres- 
ident, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  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  the  provisions  of  Section  (i),  Article  E,  Section  1,  Subsection 
A- (a)  be  and  they  hereby  are  stayed  pending  my  further  Order. 
Further  provided  that  this  Order  shall  not  become  effective  for  a 
period  of  fifteen  (15)  days  after  the  date  hereof  in  order  that  con- 
sideration may  be  given  to  objections  thereto,  if  any,  of  interested 
parties.  At  the  expiration  of  such  period,  this  Order  shall  become 
effective  unless  prior  thereto,  I  have,  by  my  further  Order,  otherwise 
determined. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
C.  E.  Adams, 

Division  Administrator. 

Washington,  D.C, 

August  ^<9, 193^. 

(549) 


LETTER  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir:  This  is  a  report  on  the  Code  of  Fair  Competition  for  the 
Dowel  Industry,  being  Divisional  Unit  Number  9  of  Part  B  of  the 
Wood  Turning  and  Shaping  Industry,  approved  Code  No.  383,  the 
hearing  having  been  conducted  in  Washington,  D.C.,  on  January 
16th,  1934,  in  accordance  with  the  provisions  of  the  National 
Industrial  Recovery  Act. 

PROVISIONS  ON  HOURS  AND  WAGES 

The  maximum  hours  and  minimum  rates  of  wages  for  this  industry 
are  prescribed  in  the  approved  Code  of  Fair  Competition  for  the 
Wood  Turning  and  Shaping  Industries  of  which  this  industry  is  a 
unit. 

CHILD   LABOR 

The  minimum  age  provided  in  the  approved  Code  of  Fair  Compe- 
tition for  the  Wood  Turning  and  Shaping  Industries  is  effective  for 
this  Divisional  Unit. 

ECONOMIC  EFFECT  OF  THIS   CODE 

This  industry  employed  in  1933  approximately  20  per  cent  more 
workers  than  were  employed  in  1932,  though  nearly  25  per  cent  less 
than  during  the  year  1929.  The  work  week  averaged  about  52  hours 
in  1929  but  was  reduced  under  the  President's  Reemployment  Agree- 
ment to  40  hours  in  1933.  However,  under  the  reduced  hours  with 
production  remaining  at  present  levels,  little  increase  in  employment 
is  expected. 

The  minimum  wage  rate  prescribed  in  this  Code  will  greatly  in- 
crease the  average  earnings  of  employees  as  compared  with  the  earn- 
ings of  1929  and  the  years  which  followed  during  which  time  the 
minimum  wage  was  only  increased  from  24.1  cents  per  hour  in  1929 
to  25  cents  per  hour  in  1933.  From  these  figures  it  is  apparent  that 
the  adoption  of  the  proposed  minimum  wage  rates  (male  employees 
in  the  north  35  cents  per  hour,  in  the  south  321/2  cents  per  hour, 
female  employees  30  cents  per  hour  in  the  north  and  27i/^  cents  in 
the  south)  will  cause  an  increase  in  the  payrolls  of  this  industry. 

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 : 

(550) 


551 

I  find  that : 

(a)  Said  Code  is  well  designed  to  promote  the  policies  and  pur- 
poses of  Title  I  of  the  National  Industrial  Recovery  Act,  including 
removal  of  obstructions  to  the  free  flow  of  interstate  and  foreign 
commerce  which  tend  to  diminish  the  amount  thereof  and  will  pro- 
vide for  the  general  welfare  by  promoting  the  organization  of  indus- 
try for  the  purpose  of  cooperative  action  among  the  trade  groups, 
by  inducing  and  maintaining  united  action  of  labor  and  management 
under  adequate  governmental  sanctions  and  supervision,  by  elimi- 
nating unfair  competitive  practices,  by  promoting  the  fullest  jdos- 
sible  utilization  of  the  present  i^roductive  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  unemploj^ment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

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

(c)  The  Code  as  approved  complies  in  all  respects  with  the  perti- 
nent provisions  of  said  Title  of  said  Act,  including  without  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  the  approval  of  said 
Code. 

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

Hugh  S.  Johnson, 

Administrator. 
August  20,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  DOWEL  INDUSTRY 

A   DIVISION    or    THE    WOOD   TURNING    AND    SHAPING    INDUSTRIES 
PART  B— DOWEL  DIVISION,   UNIT  NO.   9 

Article  A — Definitions 

Section  1,  The  Dowel  Division  shall  consist  of  all  members  of 
the  Industry  engaged  in  the  manufacture  of  Dowels.. 

Section  2.  The  term  "  Dowel "  as  used  in  this  Divisional  Unit 
shall  mean  hard  wood  rods,  cylindrical  in  shape  of  any  length  not 
exceeding  one  and  one-half  inches  in  diameter,  excepting,  however, 
dowel  pins  in  all  stages  of  manufacture;  farm  tool  handles  as  de- 
fined by  Department  of  Commerce  Simplified  Practice  Recommenda- 
tion Number  76;  and  Candy  Sticks  and  Skewers  as  defined  in  Divi- 
sional Units  Numbers  4  and  7,  respectively,  of  this  Code. 

Section  3.  The  term  "  broker  "  for  the  purpose  of  this  Division 
shall  mean  one  who  sells  for  a  manufacturer,  in  the  manufacturer's 
name,  for  the  manufacturer's  account,  at  prices  and  on  terms  and 
conditions  named  by  the  manufacturer,  and  who  carries  no  stock 
and  whose  compensation  is  in  the  form  of  a  brokerage  for  such 
services. 

Article  B — Administration  of  Divisional  Agency 

Section  1.  Within  fifteen  (15)  days  after  the  effective  date  of  this 
Divisional  Code  the  Secretary  of  the  Dowel  Manufacturer's  Asso- 
ciation shall  call  a  meeting  of  all  members  of  this  Division  for  the 
purpose  of  electing  the  Administrative  Agency  of  this  Division.  Due 
notice  of  this  meeting  shall  be  sent  to  every  member  of  the  Division 
in  writing  or  by  such  other  methods  as  will  reasonably  insure  that 
all  members  are  informed  of  such  meeting  and  its  purpose. 

Section  2.  The  Administrative  Agency  of  this  Division  shall  con- 
sist of  a  Board  of  six  (6)  members  who  shall  serve  for  one  year  or 
until  their  successors  are  elected,  and  shall  be  elected  by  the  following 
method : 

(a)  At  least  one  member  of  the  Administrative  Agency  shall  be 
a  member  of  the  Industry  who  is  not  a  member  of  the  Association,  if 
there  be  any  such,  and  shall  be  elected  by  a  majority  vote  of  all 
nonmembers  of  the  Association  present  in  person,  by  letter  or  by 
proxy. 

(b)  The  remaining  members  shall  be  elected  by  a  majority  vote  of 
all  the  members  of  the  Association  present  in  person,  by  letter  or  by 
proxy,  each  member  to  have  one  vote.     Three  members  shall  repre- 

(552) 


553 

sent  the  members  of  the  Association  located  in  the  Northern  Group ; 
(the  northern  group  shall  consist  of  the  states  of  Maine,  New  Hamp- 
shire, Vermont,  Massachusetts,  Connecticut,  Rhode  Island,  New 
York,  Pennsylvania,  New  Jersey,  Delaware  and  Maryland)  one  mem- 
ber shall  represent  the  members  of  the  Association  located  in  the 
Southern  Group.  (The  Southern  Group  shall  consist  of  the  states  as 
specified  in  Part  A,  Article  II,  Section  8  of  the  Code  for  the  Wood 
Turning  and  Shaping  Industries)  and  one  member  shall  represent 
the  Western  Group,  (The  Western  Group  shall  include  all  States 
that  are  not  included  in  the  Northern  or  in  the  Southern  Group.) 

(c)  A  vacancy  in  the  membership  of  the  Administrative  Agency 
may  be  filled  from  the  appropriate  group  by  a  majority  vote  of  the 
remaining  members  of  the  Administrative  Agency,  provided,  how- 
ever, that  there  shall  always  be  a  member  of  the  Administrative 
Agency  who  is  not  a  member  of  the  said  Association,  if  there  be 
any  such. 

(d)  In  addition  to  the  members  elected  by  the  Industry,  the  Ad- 
ministrator, in  his  discretion,  may  appoint  one  to  three  non-voting 
members  to  represent  the  Administrator. 

Article  C — Terms  of  Payment 

The  terms  of  payment  for  this  Division  shall  not  be  more  favor- 
able than  a  cash  discount  of  3%  for  payment  in  advance  of  ship- 
ment, 2%  for  payment  within  ten  days  after  shipment;  1%  for  pay- 
ment on  or  before  the  10th  of  any  month  for  shipments  of  the  previous 
month;  net  30  days,  E.O.M. ;  all  cash  discounts  shall  be  figured  on 
the  net  amount  after  deducting  sales  and/or  excise  taxes  and  all 
claims  and  allowances  for  defective  or  rejected  goods. 

Article  D — Trade  Practices 

The  following  shall  be  Trade  Practice  Rules  for  this  Division  in 
addition  to  those  set  forth  in  Article  X  of  Part  A  of  the  Code  for 
the  Wood  Turning  and  Shaping  Industries : 

Rule  1.  No  member  of  this  Division  shall  pay  or  allow  a  com- 
mission on  a  Federal  or  State  Sales  Tax. 

Rule  2.  No  member  of  this  Division  shall  guarantee  prices  against 
decline  or  advance. 

Rule  3.  No  member  of  the  Industry  shall  ship  goods  on  consign- 
ment except  under  circumstances  to  be  defined  by  the  Administrative 
Agency,  and  approved  by  the  Administrator,  where  peculiar  cir- 
cumstances of  the  Industry  require  the  practice. 

Rule  4.  No  member  of  this  Division  shall  permit  his  brokers  or 
commission  salesmen  to  split  or  divide  commissions  with  customers. 

Article  E — Exceptions  and  Additions  to  Part  A  of  the  Code  for 
THE  Wood  Turning  and  Shaping  Industries 

Section  1.  The  following  section  shall  be  added  to  the  provisions 
of  Article  VIII  of  Part  A  of  the  Code  for  the  Wood  Turning  and 
Shaping  Industries: 


554 

A.  DESTRUCTIVE  PRICE  CUTTING 

(a)  The  Princi'ple. —  (i)  Destructive  price  cutting  is  an  unfair 
method  of  competition  and  is  forbidden  at  all  times,  irrespective  of 
the  existence  of  an  emergency ;  ^ 

(ii)  When  no  declared  emergency  exists  as  to  any  given  product, 
there  is  to  be  no  fixed  minimum  basis  for  prices  but  it  is  intended 
that  sound  cost  estimating  methods  should  be  used ; 

(iii)  When  an  emergency  exists  as  to  any  given  product,  sale  be- 
low the  lowest  reasonable  cost  of  such  product,  in  violation  of  sub- 
section (c)  hereof,  is  forbidden. 

(b)  Uniform  Cost  Accounting. — The  Code  Authority  shall  cause 
to  be  formulated  an  accounting  system  and  methods  of  cost  finding 
and/or  estimating  capable  of  use  by  all  members  of  the  Industry 
and  shall  submit  such  system  and  methods  to  the  Administrator  for 
review  and  approval.  After  such  system  and  methods  have  been 
formulated  and  approved  by  the  Administrator,  full  details  concern- 
ing them  shall  be  made  available  to  all  members.  Thereafter  it  is 
intended  that  all  members  should  utilize  the  principles  of  such 
system  or  methods. 

(c)  Emergency  {Lowest  Reasonable  Cost). — ^^Yhen  an  emergency 
exists,  the  Code  Authority  may  cause  an  impartial  agency  to  inves- 
tigate costs  and  to  determine  the  lowest  reasonable  cost  of  the  product 
affected  by  the  emergency.  Such  determination  shall  exclude  all  cost 
elements  set  forth  in  and  shall  be  in  all  respects  subject  to  such 
rules  and  regulations  as  may  be  issued  by  the  Administrator  and 
subject  to  his  approval  or  modification  after  such  notice  and  oppor- 
tunity to  be  heard  as  he  may  prescribe.  The  Code  Authority  or  the 
Administrator  may,  from  time  to  time,  cause  such  determinations  to 
be  reviewed  or  reconsidered  and  appropriate  action  taken. 

(d)  De-finitions. — An  "  Emergency  "  exists  whenever  the  Admin- 
istrator determines  that  destructive  price  cutting  is  rendering  inef- 
fective or  seriously  endangering  the  maintenance  of  the  provisions 
of  this  Code. 

(i)  When  no  emergency  exists,  the  term  shall  have  the  meaning 
declared  in  rules  and  regulations  promulgated  by  the  Administrator 
on  recommendation  of  the  Code  Authority  or  on  his  own  motion; 

(ii)  When  an  emergency  exists,  the  term  shall  mean  any  sale  in 
violation  of  subsection  (c)  hereof; 

(iii)  It  shall  be  an  absolute  defense  to  any  charge  of  destructive 
price  cutting,  if  an  impartial  agency  designated  or  approved  by  the 
Administrator,  shall  find : 

(aa)  That  the  price  complained  of  is  justified  by  existing  com- 
petition, evidence  of  which  has  been  reported  to  the  Code  Authority ; 

(bb)  That  the  price  complained  of  is  justified  as  a  method  of 
disposal  of  dropped  lines  or  seconds,  or 

(cc)  When  no  declared  emergency  exists,  that  the  member  charged 
with  destructive  price  cutting  has  in  good  faith  endeavored  to  make 
proper  use  of  the  announced  cost  estimating  methods. 

Section  2.  Article  IX,  Section  1,  of  the  Code  of  Fair  Competition 
of  the  Wood  Turning  and  Shaping  Industries  in  its  application  to 
this  Division  shall  be  amended  to  read  as  follows : 


*  See  paragraph  2  of  order  approving  this  Code. 


555 

Each  member  of  the  Industr}^  shall  file  with  the  Administrative 
Agency  on  the  date  specified  by  the  Administrative  Agency  after 
reasonable  notice,  net  price  sheets  or  price  lists  and  discount  sheets 
individually  prepared  by  him  and  all  terms  and  conditions  of  sale 
relating  thereto.  Such  net  price  sheets  or  price  lists  and  discount 
sheets  and/or  terms  and  conditions  of  sale  and  any  revisions  thereof 
shall  become  effective  immediately  upon  receipt  by  the  Administra- 
tive Agency;  shall  be  distributed  by  the  Administrative  Agency  to 
the  members  of  the  Industry  and  published  to  the  trade  immediately 
upon  receipt  thereof;  and  shall  be  made  available  to  all  interested 
parties.  Revised  net  price  sheets  or  price  lists  and  discount  sheets 
and/or  terms  and  conditions  of  sale  may  be  filed  from  time  to  time 
thereafter  with  the  Administrative  Agency  by  any  member  of  this 
division  provided  however  that  such  revisions  shall  be  filed  with  the 
Administrative  Agency  by  registered  mail  and  shall  become  effective 
immediately  upon  telegraphic  acknowledgment  to  be  made  by  the 
Administrative  Agency  the  same  day  such  revision  is  received.  No 
member  of  the  Industry  shall  sell  or  offer  for  sale  any  product  of 
the  Industry  at  prices  other  than  those  noted  in  his  or  its  net  price 
sheets  or  price  lists  and  discount  sheets  and/or  on  terms  and  condi- 
tions of  sale  other  than  the  terms  and  conditions  of  sale  last  filed 
by  such  member  with  the  Administrative  Agency  in  accordance  with 
the  foregoing  provisions  and  in  effect  at  the  time  of  such  sale  or 
offer  to  sell. 

Article  F — Effective  Date 

This  Code  for  Divisional  Unit  No.  9  of  the  Wood  Turning  and 
Shaping  Industries  shall  become  effective  on  the  second  Monday  after 
its  approval  by  the  President. 

Appi-oved  Code  No.  383 — Supplement  No.  1. 
Registry  No.  330-06. 


Approved  Code  No.  275 — Supplement  No.  3 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR   THE 

INDUSTRIAL  ALCOHOL  INDUSTRY 

As  Approved  on  August  21,  1934 


ORDER 


Approving  Suppleivientary  Code  of  Fair  Competition  tor  the 
Industrial  Alcohol  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  Recovery 
Act,  approved  June  16,  1933,  for  approval  of  a  Supplemental  Code  of 
Fair  Competition  for  the  Industrial  Alcohol  Industry  to  the  Code 
of  Fair  Competition  for  the  Chemical  Manufacturing  Industry,  and 
hearings  having  been  duly  held  thereon  and  the  annexed  report  on 
said  Supplemental  Code,  containing  findings  with  respect  thereto, 
having  been  made  and  directed  to  the  President : 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the  Presi- 
dent, including  Executive  Order  No.  6543-A,  dated  December  30, 
1933,  and  otherwise;  do  hereby  incorporate  by  reference  said  an- 
nexed report  and  do  find  that  said  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby  ap- 
proved; provided,  however,  that  the  last  paragraph  of  Article  V, 
Section  10  be  and  it  is  hereby  stayed  pending  further  consideration 
of  the  advisability  of  having  uniform  agency  contracts  provided  for 
in  codes  of  fair  competition. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August  21, 193^. 

(557) 


REPOKT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplemental  Code  of  Fair  Competi- 
tion for  the  Industrial  Alcohol  Industry,  a  Division  of  the  Chemical 
Manufacturing  Industry,  the  Public  Hearing  on  which  was  held  in 
Washington,  D.  C,  June  12,  1934,  in  accordance  with  the  provisions 
of  Title  I  of  the  National  Industrial  Recovery  Act. 

General  Statement 

The  Industrial  Alcohol  Industry  as  represented  by  the  Industrial 
Alcohol  Institute,  being  truly  representative  of  this  Division  of  the 
Chemical  Manufacturing  Industry,  has  elected  to  avail  itself  of  the 
option  of  submitting  a  Supplemental  Code  of  Fair  Competition  as 
provided  for  in  Articles  XI  and  XII  of  the  Basic  Code  for  the 
Chemical  Manufacturing  Industrv  approved  by  you  on  February 
10,  1934. 

Resume  or  the  Code 

LABOR    AND    GENERAL    PROVISIONS 

Article  II  states 

"All  provisions  of  the  Code  of  Fair  Competition  for  the  Chemical 
Manufacturing  Industry,  as  approved  by  the  President  on  February 
10,  1934,  are  hereby  incorporated  by  reference  as  though  completely 
set  forth  herein." 

As  the  Code  of  Fair  Competition  for  the  Chemical  Manufacturing 
Industry  contains  the  labor  provisions  and  general  provisions  which 
apply  to  the  Chemical  Industry  as  defined,  these  are  labor  and  gen- 
eral provisions  which  apply  to  the  Industrial  Alcohol  Industry 
Division  thereof. 

OTHER   PROVISIONS 

Article  III  gives  the  necessary  definitions  applicable  to  this 
Division  of  the  Chemical  Manufacturing  Industry. 

The  term  "  member  of  the  Industry  "  is  defined  to  mean  any  per- 
son holding  a  Federal  Government  permit  to  operate  an  industrial 
alcohol  plant,  any  person  producing  isopropyl  alcohol  or  methyl 
alcohol  other  than  that  produced  from  the  destructive  distillation 
of  wood  and  any  subsidiary  or  affiliate  thereof  who  sells  any  product 
of  the  Industry  as  defined  in  Section  2. 

The  producers  of  methyl  alcohol  by  the  destructive  distillation  of 
wood  are  excluded  because  they  are  covered  by  the  Code  of  Fair 
Competition  for  the  Hardwood  Distillation  Industry. 

(558) 


559 

Article  TV  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  that  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 haA'e  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  by 
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 
apply  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 

86360—34 26 


560 

thereon  with  respect  to  a  modification  of  their  Code  which  the  Code 
Authority  votes  on. 

The  last  paragraph  of  Article  V,  Section  10,  provides  that 
"  The  Code  Authority  by  a  two-thirds  vote  may  at  any  time  estab- 
lish  a   uniform   agency   contract  subject  to   the   approval    of  the 
Administrator." 

This  provision  is  stayed  pending  further  consideration  by  the 
Administrator  of  the  advisability  of  having  uniform  agency  con- 
tracts provided  for  in  codes. 

FINDINGS 

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

I  find  that : 

(a)  Said  Supplementary  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  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  organiza- 
tion of  industry  for  the  purposes  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting  the 
fullest  possible  utilization  of  the  present  productive  capacity  of  in- 
dustries, by  avoiding  undue  restriction  of  production  (except  as  may 
be  temporarily  required),  by  increasing  the  consumption  of  indus- 
trial and  agricultural  products  through  increasing  purchasing  power, 
by  reducing  and  relieving  unemployment,  by  improving  standards 
of  labor  and  by  otherwise  rehabilitating  industry. 

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

(c)  The  Supplementary  Code  as  approved  complies  in  all  re- 
spects with  the  pertinent  provisions  of  said  Title  of  said  Act,  in- 
cluding without  limitation  Subsection  (a)  of  Section  3,  Subsection 

(a)  of  Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that 
the  applicant  Institute  is  an  industrial  association  truly  representa- 
tive of  the  aforesaid  Industry;  and  that  said  Institute  imposes  no 
inequitable  restrictions  on  admission  to  membership  therein. 

(d)  The  Supplementary  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

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

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

For  these  reasons,  therefore,  I  have  approved  this  Supplementary 
"Code. 

Respectfully, 

Hugh  S.  Johnson, 

Adininistrator. 
August  21,  1934. 


SUPPLEMENTAEY  CODE  OF  FAIR  COMPETITION  FOR 
THE  INDUSTRIAL  ALCOHOL  INDUSTRY 

A  DIVISION  OF  THE  CHEMICAL  MANUFACTURING  INDUSTRY 

Article  I — Purposes 

To  further  effectuate  the  policies  of  Title  I  of  the  National  In- 
dustrial Recovery  Act,  the  following  provisions  are  established  as  a 
Supplementary  Code  of  Fair  Competition  for  the  Industrial  Al- 
cohol Industry,  a  Division  of  the  Chemical  Manufacturing  Industry, 
and  upon  approval  by  the  Administrator  shall  be,  in  conjunction 
with  the  basic  Code  for  the  Chemical  Manufacturing  Industry,  the 
standard  of  fair  competition  for  this  division  of  the  Chemical 
Manufacturing  Industry. 

Article  II — Labor  and  General  Provisions 

All  provisions  of  the  Code  of  Fair  Competition  for  the  Chemical 
Manufacturing  Industry  are  hereby  incorporated  by  reference  as 
though  completely  set  forth  herein. 

Article  III — Definitions 

Section  1.  The  term  "  Industrial  Alcohol  Industry  "  or  the  "  In- 
dustry "  as  used  herein  shall  mean  all  manufacturers  of  ethyl  alcohol 
for  industrial  purposes  and  all  manufacturers  of  ethyl  alcohol, 
isopropyl  alcohol  or  methyl  alcohol  (other  than  that  produced  from 
the  destructive  distillation  of  wood)   for  anti-freeze  purposes. 

Section  2.  The  term  "  products  of  the  Industry  "  as  used  herein 
shall  mean  ethyl  alcohol,  denatured  alcohol  (including  the  product 
commercially  known  as  "  proprietary  solvent  ")  sold  for  industrial 
purposes,  and  ethyl  alcohol,  denatured  alcohol,  isopropyl  alcohol 
and  methyl  alcohol  (other  than  that  produced  from  the  destructive 
distillation  of  wood),  or  any  product  containing  70%  or  more  of  any 
of  these  materials,  or  any  product  containing  a  combination  of  70% 
or  more  of  any  of  these  materials,  sold  for  anti-freeze  purposes  by 
any  member  of  the  Industry. 

Section  3.  The  term  "  person  "  includes,  but  without  limitation, 
any  individual,  partnership,  association,  corporation  or  other  form 
of  enterprise. 

Section  4.  The  term  "  member  of  the  Industry  "  as  used  herein 
shall  mean  any  person  holding  a  Federal  Government  permit  to  oper- 
ate an  industrial  alcohol  plant,  any  person  producing  isopropyl  alco- 
hol or  methyl  alcohol  other  than  that  produced  from  the  destructive 
distillation  of  wood,  and  any  subsidiary  or  affiliate  thereof  who  sells 
an}'  of  the  products  of  the  Industry  as  defined  in  Section  2  above. 

(561) 


562 

Section  5.  The  term  "  subsidiary  "  as  used  herein  shall  mean  any 
person  over  whom  a  member  of  the  Industry  has  either,  directh^  or 
indirectl}^,  actual  or  legal  control,  whether  by  stock  ownership  or  in 
an}^  other  manner. 

Section  6.  The  term  "  aiRliate  ''  as  used  herein  shall  mean  any 
person  who  has  either,  directly  or  indirectly,  actual  or  legal  ccmtrol 
of  or  over  a  member  of  the  Industry  or  a  subsidiary  thereof,  whether 
by  stock  ownership  or  any  other  manner. 

Section  7.  The  term  "  agent "  as  used  herein  shall  mean  any^ 
person  (except  officers  or  employees  of  members  of  the  Industry), 
firm,  corporation  or  other  form  of  enterprise  who  acts  under  the 
supervision  or  control  of  a  member  of  the  Industry  in  selling  the 
jDroducts  of  such  member. 

Section  8.  The  term  '•  Institute  "  as  used  herein  shall  mean  The 
Industrial  Alcohol  Institute,  Inc.,  a  domestic  corporation  incor- 
porated pursuant  to  the  Membership  Corporations  Law  of  the  State 
of  New  York,  having  an  office  in  the  City  of  New  York. 

Article  IV — Administration 

Section  1.  Nine  members,  eight  of  whom  shall  be  elected  by  the 
Board  of  Directors  of  the  Institute,  and  one  representative  of  the 
members  of  the  Industi-y  who  are  not  members  of  the  Institute,  who 
may  be  elected  by  such  members  by  a  fair  method  of  selection  sub- 
ject to  the  approval  of  the  Administrator  or  appointed  by  the  Ad- 
ministrator if  they  fail  to  elect,  are  hereby  constituted  as  the  Code 
Authority  for  administering  and  supervising  the  performance  and 
obserA^ance  of  the  provisions  of  this  Code. 

Section  2.  In  addition  to  membership  as  above  provided,  the  Ad- 
ministrator may  appoint  not  more  than  three  (3)  Administration 
Members  without  vote  and  without  compensation  by  the  Industry 
to  serve  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  Au- 
thority shall  (a)  impose  no  inequitable  restrictions  on  membership 
and  (b)  submit  to  the  Administrator  true  copies  of  its  articles  oi 
association,  by-laAvs,  regulations,  and  any  amendments  Avhen  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  Code  and  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  Code 
and  of  the  Act,  may  require  an  appropriate  modification  of  the 
composition  and  method  of  selection  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  members  of  the  Code  Authority  be  liable  in  any  manner 
to  anyone  for  any  act  of  any  other  member,  officer,  agent,  or  em- 
ployee of  the  Code  Authority.     Nor  shall  any  member  of  the  Code 


563 

Authorit}^,  exercisinij  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. 

Section  6.  If  the  Administrator  shall  determine  that  any  action 
of  the  Code  Authority  or  any  ae:ency  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  days'  notice  to  him  of  intention  to 
proceed  with  such  action  in  its  original  or  modified  form. 

Section  7.  The  Code  Authority  shall  appoint,  within  thirty  (30) 
days  after  the  approval  of  this  Code,  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  relation- 
ships 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  8.  All  members  of  the  Industry  shall  compile  and  submit 
monthly  reports  in  gallons  of  the  production,  total  sales,  and  in- 
ventory of  ethyl  and  denatured  alcohols,  and  sales  of  isopropyl 
alcohol  and  methyl  alcohol  (other  than  that  produced  from  the 
destructive  distillation  of  wood)  for  anti-freeze  purposes,  in  such 
form  as  the  Code  Authority  may  require.  Such  reports  shall  be 
submitted  by  the  members  to  an  impartial  and  confidential  statistical 
agency  outside  the  Industry,  or  to  a  certified,  registered,  chartered 
or  any  other  lawful  practitioner  of  public  accountancy  having  no 
connection  with  any  member  or  members  of  the  Industry,  said 
agency  or  firm  to  be  designated  by  the  Code  Authority.  Such  agency 
or  firm  shall  keep  in  strict  confidence  the  individual  figures  sub- 
mitted, and  shall  submit  to  the  Code  Authority  only  compilations 
thereof,  without  disclosing  any  individual  figures  submitted  by  spe- 
cific members  of  the  Industry.  The  Code  Authority,  upon  receipt 
of  this  information,  shall  prepare  a  consolidated  report  which  shall 
he  furnished  to  each  member  of  the  Industry  who  is  complying  with 
the  provisions  of  this  Code;  provided,  however,  that  such  members 
who  are  not  engaged  in  the  sale  of  ethyl  alcohol  for  industrial  pur- 
poses shall  only  receive  reports  relating  to  sales  of  ethyl  alcohol, 
isopropyl  alcohol  and  methyl  alcohol  (other  than  that  produced 
from  the  destructive  distillation  of  wood)  for  anti-freeze  purposes. 

Section  9.  All  members  of  the  Industry  shall  furnish  to  the  Code 
Authority  such  information  and  reports,  except  data  and  statistics 
in  relation  to  number  of  employees,  hours  of  labor  and  rates  of  pay 
(which  are  collected  by  the  Chemical  Alliance,  Inc.)  as  are  required 
for  the  administration  of  this  Code.  In  addition  to  information  re- 
quired to  be  submitted  to  the  Code  Authority,  members  of  the  Indus- 
try 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 


564 

member  of  the  Industry  of  any  existing  obligations  to  furnish  reports 
to  any  Government  agency.  No  individual  report  shall  be  disclosed 
to  any  other  member  of  the  Industry  or  any  other  party  except  to 
such  other  Governmental  agencies  as  may  be  directed  by  the  Admin- 
istrator. 

Section  10.  A.  It  being  found  necessary  to  support  the  adminis- 
tration 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  obligations  out 
of  funds  which  shall  be  held  in  trust  for  the  purposes  of  the  Code 
and  raised  as  hereinafter  provided : 

(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  fore- 
going purposes,  and 

(b)  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  stand- 
ards, and  the  administration  thereof; 

(3)  After  such  budget  and  basis  of  contribution  have  been  ap- 
proved by  the  Administrator,  to  determine  and  collect  equitable  con- 
tributions as  above  set  forth,  and  to  that  end,  if  necessary,  to  insti- 
tute 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 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  making  such  contribu- 
tion, unless  duly  exempted  from  making  such  contribution,  shall  be 
entitled  to  participate  in  the  selection  of  the  members  of  the  Code 
Authority  or  to  receive  the  benefits  of  its  voluntary  activities  or  to 
make  use  of  any  N.R.A.  insignia. 

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  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. 

Article  V — Fair  Trade  Practice  Pkovisions 

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  designated  by  the  Administrator,  identified 
lists  of  all  of  his  prices,  discounts,  rebates,  allowances,  whether 
guaranteed  against  decline  in  price,  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  con- 
tain the  price  terms  for  all  products  of  the  Industry    (as  defined 


565 

herein)  as  are  sold  or  offered  for  sale  by  said  member.  Said  price 
terms  shall  in  the  first  instance  be  filed  within  five  (5)  days  after 
the  effective  date  of  approval  of  this  provision.  Price  terms  and 
revised  price  terms  shall  become  effective  immediately  upon  receipt 
thereof  by  said  agent.  Immediately  upon  receipt  thereof,  said  agent 
shall  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  simulta- 
neously distributed  to  all  members  of  the  Industry  and  to  all  of 
their  customers  who  have  applied  therefor  and  have  offered  to  defray 
the  cost  actually  incurred  by  the  Code  Authority  in  the  preparation 
and  distribution  thereof  and  be  available  for  inspection  by  any  of 
their  customers  at  the  office  of  such  agent.  Said  lists  or  revisions  or 
any  part  thereof  shall  not  be  made  available  to  any  person  until 
released  to  all  members  of  the  Industry  and  their  customers,  as  afore- 
said; provided,  that  prices  filed  in  the  fir^t  instance  shall  not  be 
released  until  the  date  this  Code  becomes  effective.  The  Code  Au- 
thority shall  maintain  a  permanent  file  of  all  price  terms  filed  as 
herein  provided,  and  shall  not  destroy  any  part  of  such  records 
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. 

Sectiox  2.  Inasmuch  as  certain  products  of  the  Hardwood  Di:s- 
tillation  Industry,  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  by  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  exchanged  under  the  same  conditions  as 
outlined  above  insofar  as  they  apply  to  both  the  above  named  classes 
of  products : 

Section  3.  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  4.  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.  The  provisions  of  this  Article,  shall  not  apply 
to  the  transfer  or  sale  of  the  products  of  the  Industry  to  subsidiaries 
or  affiliates  or  subsidiaries  thereof,  as  defined  herein,  who  use  the 
products  of  the  Industry  in  their  own  manufacturing  operations, 
nor  shall  the  provisions  of  this  Article  apply  to  sales  for  export 
from  the  United  States  or  between  members  of  the  Industry. 

Section  5.  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, 


566 

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  6.  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 
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.  The  Code  Authority  shall  within 
five  (5)  days  afl'ord  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  deferred  to  the 
Research  and  Planning  Division  of  N.R.iV.  which  shall  render  a 
report  and  recommendation  thereon  to  the  Administrator. 

Section  7.  It  shall  be  a  violation  of  this  Code  for  any  member 
of  the  Industry  to  give  a  commission  or  any  other  form  of  compen- 
sation to  any  person  on  the  sale  of  any  of  the  products  of  the  Indus- 
try by  such  member  to  any  buyer  of  such  products  in  which  sucli 
person  is  financially  interested  or  by  whom  he  is  employed.  It  shall 
also  be  a  violation  of  this  Code  for  any  member  of  the  Industry 
to  employ  any  person  financially  interested  in  or  employed  by  any 
buyer  of  the  products  of  the  Industry  if  such  employment  is  made 
for  the  purpose  of  influencing  the  business  of  such  buyer. 

Section  8.  No  member  of  the  Industry  shall  secretly  offer  or  make 
any  payment  or  allowance  to  any  buyer  of  any  of  the  products  of 
the  Industry,  of  a  rebate,  refund,  commission,  credit,  unearned  dis- 
count or  excess  allowance,  whether  in  the  form  of  money  or  other- 
wise, nor  shall  a  member  of  the  Industry  secretly  offer  or  extend  to 
any  buyer  of  any  of  the  products  of  the  Industry,  any  special  serv- 
ice or  privilege  not  extended  to  all  buyers  of  the  same  class,  for  the 
purpose  of  influencing  a  sale. 

Section  9.  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  representa- 
tive, of  another  in  relation  to  the  business  of  the  employer  of  such 
employee,  the  principal  of  such  agent  or  the  represented  party  with- 
out the  knowledge  of  such  employer,  principal  or  party.  This  pro- 
vision 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. 

Seciton  10.  No  member  of  the  Industry  shall  allow  a  purchaser 
either  directly  or  through  an  agent,  any  commission  or  other  form 
of  compensation  which  will  result  in  the  purchaser  paying  less  for 
his  products  than  the  price  filed  by  the  said  member  pursuant  to 
Section  1  of  this  Article. 

A  list  of  the  agents  of  each  member  of  the  Industry  shall  be 
filed  with  the  Code  Authority  within  five  (5)  days  after  the  effec- 
tive date  of  this  Code  and  any  changes  in  the  lists  of  such  agents 
or  any  new  agents  created,  shall  be  promptly  reported  to  the  Code 
Authority  whenever  made. 


567 

The  Code  Authority  by  a  two-thirds  vote  may  at  any  time  estab- 
lish a  uniform  agency  contract,  subject  to  the  approval  of  the 
Administrator/ 

Section  11.  It  shall  be  an  unfair  trade  practice  for  any  member 
of  the  Industry  to  employ  subterfuge  directly  or  indirectly  to  avoid 
or  attempt  to  avoid  the  provisions  of  this  Code  or  the  purposes  or 
intent  of  the  National  Industrial  Recovery  Act,  whicli  are  to  in- 
crease employment,  provide  better  wages,  promote  fair  competitive 
methods,  and  to  promote  the  public  welfare. 

Section  12.  No  provision  of  this  Code  shall  be  so  applied  as  to  per- 
mit monopolies  or  monopolistic  practices,  or  to  eliminate,  ^oppress,  or 
discriminate  against  small  enterprises. 

Article  VI 

Such  of  the  provisions  of  this  Code  as  are  not  required  by  the 
National  Industrial  Recovery  Act  to  be  included  herein  may  with 
the  approval  of  the  Administrator  be  modified  or  eliminated  as 
changed  circumstances  or  experience  may  dictate. 

Article  VII 

This  Code  shall  become  effective  on  the  fifth  business  day  after  it 
shall  have  been  approved  by  the  Administrator. 

Approved  Code  No.  275 — Supplement  No.  3. 
Registry  No.  602-02. 


1  See  paragraph  two  of  Order  approving  this  Code. 


Approved  Code  No.  201 — Supplement  No.  22 
SUPPLEMENTARY   CODE   OF   FAIR   COMPETITION 

FOR  THE 

WHOLESALE  JEWELRY  TRADE 

As  Approved  on  August  21,  1934 


ORDEK 


Approving  Supplementary  Code  of  Fair  Competition  for  the 
Wholesale  Jewelry  Trade 

A  DIVISION  of  the  WHOLESALING  OR  DISTRIBUTING  TRADE 

An  application  having  been  duly  made  pursuant  to  and  in  full 
-compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Wholesale  Jewelry  Trade 
to  the  Code  of  Fair  Competition  for  the  Wholesaling  or  Distributing 
Trade,  and  hearings  having  been  duly  held  thereon  and  the  annexed 
report  on  said  Supplemental  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  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved-  subject,  however,  to  the  condition  that  the  provisions  of 
Article  V,  Section  1  (a),  (b).  (c)  and  Section  2  be  deleted  from 
said  Code  and  the  following  provisions  substituted  therefor : 

"  Section  1  (a).  Destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden.  Any  sale  shall  be  deemed  prima  facie 
destructive  price  cutting  if  the  net  sales  price  shall  be  less  than  the 
seller's  net  invoice  cost  plus  transportation  charges  to  seller's  ware- 
house. 

"  Notwithstanding  the  provisions  of  this  Section  any  wholesaler 
may  sell  any  article  of  merchandise  at  a  price  as  low  as  the  price  set 
by  any  competitor  on  merchandise  which  is  identical  or  essentially 
the  same,  where  such  competitor's  price  does  not  violate  this  Sec- 
tion or  where  such  competitor  is  not  subject  to  the  provisions  of  this 
Supplemental  Code. 

(569) 


570 

"  Notwithstanding  the  provisions  of  this  Section  it  shall  not  be 
deemed  destructive  price  cutting  for  a  wholesaler  to  sell  the  follow- 
ing merchandise  at  less  than  net  invoice  cost  plus  transportation 
charges,  as  provided  above :  obsolete  goods,  bona  fide  closeout  mer- 
chandise, damaged  merchandise,  stocks  being  liquidated,  merchan- 
dise sold  for  charitable  purposes  or  to  unemployment  relief  agencies, 
and  such  other  merchandise  as  may  be  designated  by  the  Divisional 
Code  Authorit3^ 

"  (b)  If  the  Administrator  shall  at  any  time  find  (1)  that  an 
emergency  has  arisen  within  the  trade,  adversely  affecting  small 
enterprises  or  Avages  or  labor  conditions,  or  tending  toward  mo- 
nopoly or  other  acute  conditions  which  tend  to  defeat  the  purposes 
of  the  Act,  and  (2)  that  the  finding  of  a  basis  for  determining 
minimum  price  for  all  or  any  specified  products, sold  by  the  trade 
is  necessary  for  a  limited  period  to  correct  the  conditions  constitut- 
ing such  emergency  and  to  effectuate  the  purposes  of  the  Act, 
the  Code  Authority  may  cause  an  impartial  agency  to  investigate 
costs  and  to  recommend  to  the  Administrator  a  basis  for  determining 
minimum  prices  of  said  products.  Thereupon  the  Administrator  may 
fix  a  basis  for  determining  the  minimum  price  of  any  of  said 
products  for  a  stated  period.  During  such  period  no  member  of 
the  trade  shall  sell  such  products  at  a  net  realized  price  below  the 
minimum  price  determined  in  accordance  with  the  base  so  fixed. 
From  time  to  time  the  Code  Authority  maj^  recommend  review  or 
reconsideration  or  the  Administrator  may  cause  anj^  determination 
hereunder  to  be  reviewed  or  reconsidered,  and  appropriate  action 
taken." 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  21,  193 If. 


EEPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code  of 
Fair  Competition  of  the  Wholesale  Jewelry  Trade,  conducted  in  the 
Cabinet  Room  of  the  Willard  Hotel,  on  April  26,  1934.  The  Supple- 
mental Code,  which  is  attached,  was  presented  by  duly  qualified  and 
authorized  representatives  of  the  Trade. 

THE   TRADE 

Due  to  the  considerable  overlapping  in  this  Trade  with  others, 
accurate  statistics  are  not  available.  According  to  data  submitted  by 
the  Trade,  in  1929  there  were  approximately  1,666  concerns  with 
aggi-egate  annual  sales  of  $355,085,847,  The  Trade  employed  about 
12,648  persons. 

PROVISIONS   OF  THE   CODE 

This  Code  contains  no  Supplemental  Labor  Provisions,  the  em- 
ployees being  subject  to  the  wage  and  hour  provisions  of  the  Code 
of  Fair  Competition  for  the  Wholesaling  or  Distributing  Trade. 

The  provisions  containing  supplemental  definitions  are  consid- 
ered inclusive  and  accurate. 

The  administrative  provisions  establish  a  Divisional  Code  Au- 
thority which  fairly  represents  all  the  different  elements  in  the 
Trade. 

The  Trade  practices  proposed  are  not  considered  to  be 
objectionable. 

FINDINGS 

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

I  find  that 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof, 
and  will  provide  for  the  general  welfare  by  promoting  the  organ- 
ization of  trade  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  use  of  the  present  productive  capacity  of  industries,  by 
avoiding  undue  restriction  of  production   (except  as  maj''  be  tem- 

(571) 


572 

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  50,000  employees 
and  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
M^thout  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  associations  are  trade  associations  truly  representative  of 
the  aforesaid  Trade ;  and  that  said  associations  impose  no  inequitable 
restrictions  on  admission  to  membership  therein. 

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

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elim- 
inate or  oppress  small  enterprises  and  will  not  operate  to  discrim- 
inate against  them. 

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

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

Hugh  S.  Johnson, 

A  dministvator. 
August  21,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  WHOLESALE  JEWELRY  TRADE 

A   DI^^[SION   OF   THE   WHOLESALING   OR  DISTRIBUTING   TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Supplemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  ^Yholesale  Jewelry  Trade  pursuant  to 
Article  VI,  Section  1  (c)  of  the  General  Code  of  Fair  Competition 
for  the  Wholesaling  or  Distributing  Trade,  approved  by  the  Presi- 
dent of  the  United  States  on  January  12,  1934.  All  provisions  of  the 
said  General  Code  which  are  not  in  conflict  with  the  provisions  of 
this  Supplemental  Code  are  hereby  incorporated  by  reference  in  this 
Supplemental  Code  and  made  a  part  hereof.  Such  provisions  of  the 
General  Code  together  with  the  supplementing  provisions  of  this 
Supplemental  Code  are  the  standards  of  fair  competition  for  and 
are  binding  upon  every  member  of  said  Wholesale  Jewelry  Trade. 

Article  II — Definitions 

Supplementing  Article  II  of  the  General  Code. 

Section  1.  The  terms  "  wholesaler "  or  "distributor ",  as  used 
herein,  are  defined  to  mean  any  individual,  partnership,  association, 
corporation  or  other  form  of  enterprise  or  a  definitely  organized 
division  thereof,  definitely  organized  to  render  and  rendering  a  gen- 
eral distribution  service,  which  buys  and  maintains  at  his  or  its 
place  of  business  a  stock  of  jewelry,  men's  novelty  jewelry,  or  watch- 
makers' and  jewelers'  supplies  which  it  distributes  and  which  through 
salesmen,  advertising  and/or  sales  promotion  devices  sells  to  retailers^ 
and /or  to  institutional,  commercial  and/or  industrial  users  for  use 
in  the  conduct  of  their  enterprises.  Any  person  who  sells  to  in- 
stitutional, commercial  and/or  industrial  users  for  resale  to  the  ulti- 
mate consumer,  or  in  significant  amounts  to  ultimate  consumers,  shall 
be  considered  a  wholesaler  only  to  the  extent  of  that  part  of  his 
business  which  fulfills  the  qualifications  stated  in  the  preceding  sen- 
tence. It  is  the  character  of  a  concern's  selling  rather  than  the 
character  of  its  buying  which  distinguishes  it  as  a  wholesaler. 

Section  2.  The  term  "  the  Trade  ",  as  used  herein,  is  defined  to 
mean  the  business  in  which  the  wholesaler  or  distributor  as  defined 
in  this  Supplemental  Code  is  engaged. 

Section  3.  The  term  "  member  of  the  Trade  ",  as  used  herein,  is 
defined  to  mean  any  wholesaler  or  distributor  engaged  in  the  Trade. 

Section  4.  The  term  "  jewelry  ",  as  used  herein,  is  defined  to  mean 
diamonds  and  other  precious  and  semi-precious  stones,  pearls,  cul- 

(573) 


574 

tured  pearls,  synthetic  stones  and  any  imitations  of  any .  of  these 
articles,  articles  for  personal  wear  and  adornment  of  any  character 
whatsoever  commonly  and  commercially  known  as  "  jewelry ", 
watches,  clocks,  silverware,  goldware,  precious  metal  ware  of  the 
platinum  group,  and  wares  plated  with  any  of  the  precious  metals. 

Section  5.  The  term  "  men's  novelty  jewelry  ",  as  used  herein,  is 
defined  to  mean  articles  for  the  personal  wear  or  adornment  of  men, 
made  from  base  metals,  roll-plated  precious  metals  and/or  gold  of 
a  fineness  less  than  ten  karat,  such  as :  Collar  pins,  tie  pins,  cuff 
links,  collar  buttons,  studs,  and  belt  buckles. 

Section  6.  The  term  "  watchmakers'  and  jewelers'  supplies  and 
materials  ",  as  used  herein,  is  defined  to  mean  any  or  all  articles 
(except  those  articles  which  are  commonly  and  commercially  known 
as  jewelry  as  enumerated  and  defined  in  Section  4  of  this  Article  II) 
used,  consumed,  assembled,  or  resold  by  watchmakers,  jewelers,  op- 
tometrists or  repairers  and  manufacturers  for  the  purpose  of  repair- 
ing, replacing,  assembling,  manufacturing  or  reselling. 

Section  7.  The  term  "  memorandum  ",  as  used  herein,  is  defined 
to  mean  submitting  merchandise  to  the  customer  for  a  specified  time 
for  approval  or  selection,  the  title  to  remain  in  the  wholesaler  or 
distributor  until  such  selection  has  been  reported  to  the  wholesaler 
or  distributor  and  the  sale  completed  in  accordance  with  the  terms 
specified  in  the  contract  under  which  the  goods  were  delivered. 

Section  8.  The  term  "  consignment  ",  as  used  herein,  is  defined  to 
mean  leaving  merchandise  with  a  customer  for  an  indefinite  period, 
the  title  to  remain  in  the  wholesaler  or  distributor  until  such  time 
as  the  customer  shall  report  to  the  wholesaler  or  distributor  that 
he  has  sold  the  merchandise  and  that  the  sale  has  been  completed 
in  accordance  with  the  terms  specified  in  the  contract  under  which 
the  merchandise  was  delivered. 

Section  9.  The  term  "  guaranteed  sale  ",  as  used  herein,  is  defined 
to  mean  a  sale  made  with  a  guarantee  by  the  wholesaler  or  distributor 
that  if  the  merchandise  sold  to  the  customer  is  not  resold  by  said 
customer,  the  latter  shall  have  the  right  to  return  said  merchandise, 
or  any  part  thereof,  to  the  wholesaler  or  distributor  for  cash,  credit 
or  exchange. 

Section  10.  The  term  "  General  Code  ",  as  used  herein,  is  defined 
to  mean  the  Code  of  Fair  Competition  for  the  Wholesaling  or 
Distributing  Trade. 

Section  11.  The  term  "  Supplemental  Code  ",  as  used  herein,  is 
defined  to  mean  this  Supplemental  Code  of  Fair  Competition  for 
the  Wholesale  Jewelry  Trade. 

Section  12.  The  term  "  General  Code  Authority  ",  as  used  herein, 
is  defined  to  mean  the  General  Code  Authority  authorized  by 
Section  2  of  Article  VI  of  the  General  Code. 

Section  13.  The  term  "  Divisional  Code  Authority ",  as  used 
herein,  is  defined  to  mean  the  Divisional  Code  Authority  for  the 
Wholesale  Jewelry  Trade,  a  division  of  the  Wholesaling  or  Dis- 
tributing Trade. 

Article  III — Administration 

Supplementing  Article  VI  of  the  General  Code. 
Section   1.  A  Divisional   Code  Authority  is   hereby   established 
which,  in  addition  to  the  members  appointed  by  the  Administrator, 


575 

shall  be  composed  of  twenty-one  (21)  members,  three  (3)  of  whom 
shall  be  representative  of  the  Men's  Novelty  Jewelry  Trade,  and 
<iighteen  (18)  of  whom  shall  collectively  be  representative  of  the 
following  branches  of  the  Wholesale  Jewelry  Trade :  clocks,  watches, 
watchmakers'  and  jewelers'  supplies,  diamond  jewelry,  silverware, 
precious  metals,  jewelry  and  novelties,  and  gift  ware.  Such  repre- 
sentatives shall  be  elected  as  hereinafter  provided. 

Section  2.  (a)  The  three  (3)  representatives  on  the  Divisional 
Code  Authority  to  be  elected  by  the  Men's  Novelty  Jewelry  Trade 
shall  be  nominated  by  an  Electoral  Committee  composed  of  officers 
of  the  National  Wholesale  INIen's  Novelty  Jewelry  Association.  In 
selecting  these  nominees  and  in  conducting  the  election  the  Elec- 
toral Committee  shall  provide  for  adequate  representation  of  all 
members  of  the  Men's  Novelty  Jewelry  Trade  including  those  who 
are  not  members  of  the  National  Wholesale  Men's  Novelty  Jewelry 
Association. 

(b)  Within  ten  (10)  days  after  the  effective  date  of  this  Supple- 
mental Code,  the  Electoral  Committee  shall  prepare  ballots,  on 
which  shall  be  listed  the  three  (3)  nominees  selected  as  provided  in 
paragraph  (a)  of  this  Section  2. 

(c)  The  ballots  prepared  by  the  Electoral  Committee  shall  con- 
tain, in  addition  to  the  names  of  the  nominees  selected  by  such 
Committee,  three  (3)  blank  spaces  in  which  any  member  of  the 
Men's  Novelty  Jewelry  Trade  may  write  his  personal  choices.  Such 
ballots  shall  he  mailed  to  every  member  of  the  Men's  Novelty  Jew- 
elry Trade  ascertainable  after  diligent  search  by  the  Electoral  Com- 
mittee. Each  ballot  shall  have  attached  to  it  a  statement  of  assent 
to  and  compliance  with  this  Supplemental  Code  and  the  General 
Code. 

(d)  Twenty  (20)  days  after  the  mailing  of  these  ballots  the  Elec- 
toral Committee  shall  publicly  open  and  count  the  votes  which  it 
has  received.  Only  those  ballots  shall  be  counted  which  have  at- 
tached to  them  signed  statements  of  assent  to  and  compliance  with 
this  Supplemental  Code  and  the  General  Code.  The  three  candi- 
dates receiving  the  largest  number  of  votes  shall  be  declared  elected. 

(e)  The  Electoral  Committee  shall  certify  to  the  Administrator 
the  method  of  election  of  these  three  members  and  the  results  of 
such  election. 

Section  3.  (a)  The  election  of  the  eighteen  (18)  members  of  the 
Divisional  Code  Authority  representing  the  several  branches  of  the 
Wholesale  Jewelry  Trade  shall  be  conducted  by  an  Electoral  Board 
composed  of  the  President  of  the  National  Wholesale  Jewelers  Asso- 
ciation, the  President  of  the  Silverware  Wholesalers  Association,  and 
one  other  person  selected  by  the  above  two. 

(b)  This  Electoral  Board  shall  send  out  nominating  ballots  to 
every  member  of  the  Trade  (except  those  primarily  engaged  in  the 
distribution  of  men's  novelty  jewelry)  discoverable  by  diligent 
search.  Each  such  ballot  shall  have  attached  to  it  a  letter  of  assent 
to  and  compliance  with  this  Supplemental  Code  and  the  General 
Code.  Each  voter  shall  be  entitled  to  eighteen  (18)  votes  which 
he  may  distribute  among  several  candidates  or  cast  all  for  one  candi- 
date, as  he  sees  fit. 

86360—34 27 


576 

(c)  Twenty  days  after  these  ballots  have  been  mailed  the  Electoral- 
Board  shall  publicly  count  those  votes  which  it  has  received.  Only 
those  ballots  shall  be  counted  which  have  attached  to  them  signed' 
statements  of  assent  to  and  compliance  with  this  Supplemental  Code 
and  the  General  Code.  The  thirty-six  (36)  persons  receiving  the- 
largest  number  of  votes  shall  be  declared  to  be  candidates. 

(d)  The  Electoral  Board  shall  then  prepare  ballots  containing  the 
names  of  these  thirty-six  candidates  together  with  at  least  nine  (9) 
blank  spaces  in  which  voters  may  write  their  personal  choices.  Such 
ballots  shall  be  sent  to  all  those  members  of  the  Trade  to  whom 
nominating  ballots  were  originally  sent.  To  each  ballot  shall  be 
attached  a  statement  of  assent  to  and  compliance  with  this  Supple- 
mental Code  and  the  General  Code. 

(e)  Each  voter  shall  have  eighteen  (18)  votes  which  he  may 
distribute  among  several  candidates  or  cast  all  for  one  candidate  as 
he  sees  fit. 

(f)  Twenty  (20)  days  after  these  ballots  have  been  mailed  the- 
Electoral  Board  shall  publicly  count  those  votes  which  it  has 
received.  No  ballot  shall  be  counted  which  is  not  accompanied  by  a 
signed  statement  of  assent  to  and  compliance  with  this  Supplemental 
Code  and  the  General  Code,  or  by  a  statement  that  such  statement 
of  assent  and  compliance  has  previously  been  filed,  which  statement 
upon  examination  proves  to  be  correct.  The  eighteen  (18)  candi- 
dates receiving  the  largest  number  of  votes  shall  be  declared  to  be 
elected. 

(g)  The  Electoral  Board  shall  certify  to  the  Administrator  the- 
method  of  election  and  the  results  thereof. 

Section  4.  (a)  Tw^o  (2)  of  the  three  (3)  members  representing- 
the  Men's  Novelty  Jewelry  Trade  on  the  Divisional  Code  Authority 
shall  hold  office  for  one  (1)  year  and  one  (1)  for  two  (2)  years,  the 
tenure  of  office  of  each  to  be  decided  by  casting  lots. 

(b)  Nine  (9)  of  the  remaining  eighteen  (18)  members  of  the 
Divisional  Code  Authority  shall  hold  office  for  one  (1)  year  and  nine 
(9)  for  two  (2)  years,  the  tenure  of  office  to  be  decided  by  casting 
lots. 

Section  5.  The  successor  to  any  member  of  the  Divisional  Code 
Authority,  wdiether  to  fill  an  unexpired  term  or  a  full  new  term, 
shall  be  nominated  and  elected  in  the  same  manner  as  provided  in 
Sections  2  and  3  of  this  Article. 

Section  6.  (a)  The  Divisional  Code  Authority  shall  elect  from 
among  its  members  an  Executive  Committee  of  five  (5).  The  Ad- 
ministration member  or  members  of  the  Divisional  Code  Authority 
shall  function  as  members  of  the  Executive  Committee  to  the  same 
extent  as  on  the  Divisional  Code  Authority. 

(b)  The  Executive  Committee  shall  have  such  powers  and  duties 
as  may  be  fixed  by  the  Divisional  Code  Authority  in  its  by-la w&, 
provided  that  all  the  acts  of  this  Committee  shall  be  subject  to  the 
review  and  disapproval  of  the  Divisional  Code  Authority. 

Section  7.  The  Divisional  Code  Authority  shall  have  the  fol- 
lowing duties  and  powers,  in  addition  to  those  prescribed  in  the 
General  Code,  subject  to  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Administrator: 


577 

(a)  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,  except  other  Supplemental 
Codes  to  the  General  Code,  for  the  purpose  of  formulating  Fair 
Trade  Practices  to  govern  the  relationships  between  production  and 
distribution  employers  under  this  Supplemental  Code  and  under 
such  others,  to  the  end  that  such  Fair  Trade  Practices  may  be  pro- 
posed to  the  Administrator  as  amendments  to  this  Supplemental 
Code  and  such  other  Codes. 

(b)  To  appoint  a  Regional  Committee  in  each  of  such  regions  as 
the  Divisional  Code  Authority  may  establish  to  assist  the  Divisional 
Code  Authority  in  administering  this  Supplemental  Code  and  the 
General  Code;  provided,  however,  that  nothing  herein  shall  relieve 
the  Divisional  Code  Authority  of  its  responsibilities  as  such. 

(c)  To  organize,  elect  officers,  hire  employees,  appoint  agents,  and 
perform  such  other  acts  as  may  be  necessary  for  the  proper  adminis- 
tration of  this  Supplemental  Code. 

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

(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;  provided,  however,  that  nothing  herein  shall  relieve  the  Di- 
visional Code  Authority  of  its  duties  or  responsibilities  under  this 
Supplemental  Code  and  that  such  trade  associations  and  agencies 
shall  at  times  be  subject  to  and  comply  with  the  provisions  hereof. 

(f)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code.  In  addition  to  information  required  to  be  submitted  to  the 
General  Code  Authority  and  to  the  Divisional  Code  Authority,  mem- 
bers of  the  Trade  subject  to  this  Supplemental  Code  shall  furnish 
such  statistical  information  as  the  Administrator  may  deem  neces- 
sary for  the  purposes  recited  in  Section  3  (a)  of  the  Act  to  such 
federal  and  state  agencies  as  he  may  designate ;  provided  that  nothing 
in  this  Supplemental  Code  shall  relieve  any  member  of  the  Trade 
of  any  existing  obligation  to  furnish  reports  to  any  governmental 
agency.  No  individual  report  shall  be  disclosed  to  any  other  mem- 
ber of  the  Trade  or  any  other  party  except  to  such  other  govern- 
mental agencies  as  may  be  directed  by  the  Administrator. 

(g)  To  appoint,  within  one  month  after  the  .effective  date  of  the 
Supplemental  Code,  a  committee  so  constituted  as  to  give  producer, 
consumer,  and  governmental  representation  satisfactory  to  the  Ad- 
ministrator, to  make  a  study  with  a  view  to  the  establishment  of 
classifications  and  standards  of  quality  of  staple  products  of  the 
Trade,  wherever  such  standards  are  deemed  feasible.  The  findings 
and  recommendations  of  this  Committee  shall  be  submitted  to  the 
Administrator  within  six  (6)  months  of  date  of  appointment  and 
after  such  hearings  and  investigations  as  he  may  designate,  and  upon 
approval  by  him,  shall  be  made  a  part  of  this  Supplemental  Code 
and  be  binding  upon  every  member  of  the  Trade. 

(h)  To  recommend  to  the  Administrator  any  actions  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions  to 
govern  members  of  the  Trade  in  their  relations  with  each  other  or 
with  other  trades,  measures  for  industrial  planning  and  stabilization 


578 

of  employment,  and  including  modifications  of  this  Supplemental 
Code  which  shall  become  effective  as  part  hereof  upon  approval  by 
the  Administrator  after  such  notice  and  hearing  as  he  may  specify. 

Section  8.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose  nor  shall  any  member  or  members  of  the  Divisional 
Code  Authority  be  liable  in  any  manner  to  anyone  for  any  act  of 
any  other  member,  officer,  agent,  or  employee  of  the  Divisional  Code 
Authority.  Nor  shall  any  member  of  the  Divisional  Code  Authority, 
exercising  reasonable  diligence  in  the  conduct  of  his  duties  here- 
under, be  liable  to  anyone  for  any  act  or  omission  to  act,  under  this 
Supplemental  Code,  except  for  his  own  wilful  malfeasance  or  non- 
feasance. 

Section  9.  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authoritj^  or  any  agency  thereof  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration by  such  Divisional  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  dajs' 
notice  to  him  of  intention  to  proceed  with  such  action  in  its  original 
or  modified  form. 

Section  10.  (a)  It  being  found  necessary  in  order  to  support  the 
administration  of  this  Supplemental  Code  and  to  maintain  the  stand- 
ards of  fair  competition  established  hereunder  and  to  effectuate  the 
policy  of  the  Act,  the  Divisional  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  this  Supplemental  Code; 

2.  To  submit  to  the  Administrator  for  his  approval,  subject  to 
such  notice  and  opportunity  to  be  heard  as  he  may  deem  necessary 
(1)  an  itemized  budget  of  its  estimated  expenses  for  the  foregoing 
purposes  and  (2)  an  equitable  basis  upon  which  the  funds  necessary 
to  support  such  budget  shall  be  contributed  by  members  of  the  Trade ; 

3.  After  such  budget  and  basis  of  contribution  have  been  approved 
by  the  Administrator,  to  determine  and  obtain  equitable  contribution 
as  above  set  forth  by  all  members  of  the  Trade,  and  to  that  end, 
if  necessar}?-,  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  Divisional  Code 
Authority,  determined  as  hereinabove  provided,  and  subject  to  rules 
and  regulations  pertaining  thereto  issued  by  the  Administrator. 
Only  such  members  of  the  Trade  complying  with  the  Supplemental 
Code  and  contributing  to  the  expenses  of  its  administration  as  here- 
inabove provided,  unless  duly  exempted  from  making  such  contri- 
butions, shall  be  entitled  to  participate  in  the  selection  of  members 
of  the  Divisional  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  Divisional  Code  Authority  shall  neither  incur  nor  pay 
any  obligation  in  excess  of  the  amount  thereof  as  estimated  in  its 


579 

approved  budget,  except  upon  approval  of  the  Administrator;  and 
no  subsequent  budget  shall  contain  any  deficiency  item  for  expendi- 
tures in  excess  of  prior  budget  estimates  except  those  which  the 
Administrator  shall  have  so  approved. 

Article  IV — Trade  Practices 

Supplementing  Article  VII  of  the  General  Code. 
The  following  practices  are  hereby  declared  to  be  unfair  methods 
of  competition  and  are  prohibited : 

SCHEDULE   A 

(The  following  unfair  trade  practices  are  to  apply  to  all  whole- 
salers or  distributors  unless  otherwise  indicated  in  the  Schedules  B 
or  C.) 

Section  1.  To  use  any  subterfuge  to  frustrate  the  spirit  and  intent 
of  this  Supplemental  Code  or  the  General  Code. 

Section  2.  To  sell  on  terms  of  payment  except  the  following : 

(a)  Maximum  cash  discount  shall  be  two  per  cent  (2%)  for  pay- 
ment on  or  before  the  1.5th  day  of  the  month  following  date  of 
invoice.  Accounts  not  paid  within  the  discount  period  shall  be 
payable  net. 

(b)  The  maximum  credit  period  shall  not  exceed  sixty  (60)  days 
from  the  15th  day  of  the  month  following  date  of  shipment.  Ten 
days  after  the  net  due  date,  interest  shall  be  charged  at  the  rate  of 
at  least  six  per  cent  (6%)  per  annum  or  at  the  legal  rate  governing 
the  contract. 

(c)  Invoices  for  merchandise  sold  or  shipped  in  the  months  of 
October,  November  and  December  shall  become  due  and  payable  not 
later  than  January  15th  of  the  following  year,  subject  to  a  two  per 
cent  (2%)  cash  discount. 

(d)  No  discount  shall  be  allowed  other  than  the  regular  cash 
discount  from  the  wholesaler's  selling  price,  provided  that  this  shall 
not  prohibit  the  allowance  of  quantity  or  volume  discounts  or  dis- 
counts allowed  on  the  basis  of  services  actually  rendered  without 
discrimination  among  customers  of  the  same  class.  This  subsection 
shall  be  construed  to  prohibit  the  practice  of  arriving  at  a  w^hole- 
saler's  net  selling  price  by  means  of  a  series  of  discounts  from  a 
fictitious  list  price  and  shall  not  be  construed  as  requiring  or  author- 
izing in  any  way  the  establishment  of  maintenance  of  any  whole- 
saler's selling  price. 

(e)  The  Divisional  Code  Authority,  subject  to  review  by  the  Ad- 
ministrator, may  change  terms  of  credit  on  specific  commodities  in 
order  to  enable  wiiolesalers  to  meet  the  competition  of  primary  sellers 
operating  under  manufacturers'  Codes  of  Fair  Competition. 

(f)  The  period  of  time  allowed  after  net  due  date  shall  not  exceed 
three  and  one-half  (3i/^)  months  or  three  and  one-half  (31^) 
months  average  Avhen  installment  notes  are  accepted.  If  the  original 
notes  are  extended,  interest  shall  be  charged  at  not  less  than  the 
rate  of  six  per  cent  (6%)  per  annum  or  at  the  legal  rate  of  such 
extension.    Such  extension  shall  not  exceed  ninet}^  (90)  days. 

(g)  No  cash  discount  shall  be  allowed  on  any  note  settlement,  nor 
shall  a  non-interest-bearing  note  be  accepted  in  payment  of  a  ma- 


580 

tured  obligation.  Notes  accepted  after  the  net  due  date  with  a  toler- 
ance of  ten  (10)  days  must  bear  interest  from  the  net  due  date  at 
a  rate  not  less  than  six  per  cent  (6%)  per  annum  or  at  the  legal 
rate  governing  the  contract;  provided  that  unsecured  and  non- 
interest-bearing  notes  may  be  accepted  from  insolvent  debtors.  Notes 
so  accepted  shall  be  immediately  reported  to  the  Divisional  Code 
Authority. 

Section  3.  To  make  allowances  and/or  donations  to  customers  for 
advertising  purposes.  Nothing  in  this  Section  shall  be  construed  to 
prohibit  the  payment  by  any  member  of  the  Trade  of  the  expense  of 
bona  fide  cooperative  advertising  actually  incurred  in  the  advertising 
of  items  trade-marked  or  branded  by  such  member  of  the  Trade, 
provided  such  payment  be  made  in  cash  to  an  advertising  medium 
or  enterprise  owned  and  operated  independently  of  the  parties  in 
whose  interest  such  expense  is  incurred. 

Section  4.  To  ship  or  deliver  merchandise  on  a  guaranteed  sale 
basis,  provided  that  the  Divisional  Code  Authority  may  permit  such 
shipments  or  deliveries  under  unusual  circumstances  justifying  the 
same. 

Section  5.  To  ship  or  deliver  merchandise  on  memorandum  and 
authorize  its  retention  by  the  retailer  for  longer  than  ten  (10)  days;^ 
provided,  however,  that  the  Divisional  Code  Authority  may  permit 
such  shipments  or  deliveries  under  unusual  circumstances  justifying 
the  same. 

Section  6.  To  ship  or  deliver  any  merchandise  on  consignment, 
provided  that  the  Divisional  Code  Authorit}^  may  permit  such  ship- 
ments or  deliveries  under  unusual  circumstances  justifying  the  same. 

Section  T.  To  make  memorandum  shipments  unless  transportation 
charges  both  ways  shall  be  paid  by  the  firm  requesting  such  shipment. 

Section  8.  To  allow  any  cash  discounts  to  a  retailer  and/or  insti- 
tutional, commercial  and/or  industrial  user  on  merchandise  sold  for 
his  or  its  account  to  the  consumer  by  the  wholesaler. 

Section  9.  To  prepay  transportation  charges  except  where  de- 
livery is  by  messenger  or  local  package  delivery  service  within  a 
twenty-five  mile  radius  of  the  wholesaler's  or  distributor's  place  of 
business. 

Section  10.  To  make  allowance  for  transportation  charges  on 
shipments  of  merchandise,  except  that  an  allowance  for  transporta- 
tion charges  may  be  made  on  items  which  are  ordinarily  stocked  and 
available  but  which  were  temporarily  out  of  stock  at  the  time  of  the 
shipment  of  the  order. 

Section  11.  To  use  the  power  of  appointment  of  Watch  Inspectors 
by  any  member  of  the  Trade  who  is  a  General  Watch  Inspector  for 
railroads  in  order  to  force  retailers  to  buy  goods  from  him,  and  to 
furnish  railroad  passes  by  such  a  General  Watch  Inspector  in  order 
to  influence  retailers  to  buy  merchandise  from  him. 

Section  12.  To  accept  for  credit  or  exchange  merchandise  when 
shipped  in  accordance  with  customer's  orders  unless — 

(a)  Such  merchandise  be  obviously  defective  in  material  or  manu- 
facture and  be  returned  for  credit  within  ten  (10)  days  after  receipt 
of  the  same,  or 

(b)  Such  merchandise  be  latently  defective  and  be  returned  within 
such  time  as  a  reasonably  prudent  retailer  in  the  exercise  of  ordinary 
care  would  discover  the  defect,  or 


581 

(c)  Such  merchandise  be  guaranteed  by  the  manufacturer,  in 
which  case  the  wholesaler  may  accept  such  merchandise  in  accord- 
ance with  the  terms  of  the  guarantee  and  during  the  lifetime  of  the 
guarantee,  or 

(d)  Such  merchandise  be  shipped  as  a  result  of  an  error  in  order- 
ing or  shipping  and  be  returned  for  credit  within  ten  (10)  days  after 
receipt  of  the  same,  or 

(e)  Such  credit  be  made  on  account  of  insolvency  of  the  customer 
and  be  reported  to  the  Divisional  Code  Authority. 

Section.  13.  To  sell  second-hand  or  rebuilt  watches,  or  watches 
containing  second-hand  or  rebuilt  movements,  unless  at  the  time 
of  sale  and  delivery  there  shall  be  affixed  to  each  such  watch  a  tag 
which  states  that  the  watch  is  second-hand  rebuilt. 

Section  14  To  give  or  offer  to  give  directly  or  indirectly  any  free 
watch  material,  except  that  such  watch  material  maj^  be  supplied 
without  charge  for  purposes  of  replacing  demonstrably  defective 
material  previously  sold  to  the  recipient. 

Section  15.  To  make  and  send  any  invoice  which  does  not  include 
a  clear  and  complete  statement  of  the  terms  and  conditions  upon 
which  the  transaction  was  based. 

Section  16.  To  sell  or  offer  for  sale  any  watch  case  either  as  a 
separate  entity  or  fitted  with  a  movement  as  a  complete  watch  unless 
the  said  watch  case  shall  have  stamped  indelibly  and  legibly  in  some 
visible  place  on  its  outside  surface  the  manufacturer's  name  or  duly 
registered  trade  mark  accompanied  by  a  quality  mark  equally  in- 
delibly and  legible,  in  accordance  with  the  standards  and  conditions 
established  with  the  standards  and  conditions  established  in  Article 
VIII  of  the  Code  of  Fair  Competition  for  the  Watch  Case  Manu- 
facturing Industry  as  approved  by  the  President  on  December  23rd, 
1933;  provided,  however,  that  this  provision  shall  not  apply  to 
watch  cases  completely  manufactured  prior  to  the  effective  date  of 
this  Supplemental  Code  and  for  the  possession  and  ownership  of 
which  the  distributor  shall  submit  to  the  Divisional  Code  Authority, 
before  offering  the  same  for  sale,  an  executed  bill  of  sale  dated  prior 
to  July  1,  1934,  or  such  reasonable  extension  beyond  said  date  as  may 
be  granted  by  the  Divisional  Code  Authority  upon  application 
therefor. 

Section  17.  For  a  member  of  the  Trade  to  make  or  permit  his 
agents  or  employees  to  make  or  publish  any  statement,  oral  or  writ- 
ten, which  falsely  disparages  in  any  material  particular  any  com- 
petitors or  their  goods,  prices,  values,  credit  terms,  policies  or 
services. 

schedule  b 

(The  following  unfair  trade  practices  are  to  apply  exclusively  to 
the  sale  by  members  of  the  Trade  of  watchmakers'  and  jewelers' 
materials,  tools,  supplies  and  equipment.) 

Section  18.  To  allow  trade-ins  for  more  than  a  fair  market  value 
of  the  merchandise  taken  in  trade. 

Section  19.  To  allow  more  favorable  terms  of  credit  discounts  or 
datings  on  sales  of  coupon  books  than  are  specified  in  this  Article 
for  the  sale  of  the  merchandise  represented  by  the  coupons. 

Section  20.  To  ship  or  deliver  merchandise  to  retailers  on  memo- 
randum when  its  retention  for  longer  than  ten   (10)   days  by  the 


582 

retailer  is  authorized.  Merchandise  of  this  character  kept  beyond 
the  specified  time  shall  be  considered  as  sold.  The  Divisional  Code 
Authority  may  permit  such  shipments  or  deliveries  under  unusual 
circumstances  justifying  the  same. 

Section  21.  To  guarantee  the  sale  by  any  retailer  of  any  merchan- 
dise, provided  that  the  Divisional  Code  Authority  may  permit  such 
guarantee  under  unusual  circumstances  justifying  the  same. 

SCHEDULE  C 

(None  of  the  trade  practice  rules  in  Schedule  A  of  this  Article 
except  Sections  1,  4,  and  6  shall  apply  to  the  sale  by  members  of 
the  Trade  of  men's  novelty  jewelry.  The  following  unfair  trade 
practices  shall  apply  exclusivel}^  to  the  sale  by  members  of  the  Trade 
of  men's  novelty  jewelry.) 

Section  22.  To  accept  for  credit  or  exchange  merchandise  when 
shipped  in  accordance  with  customers'  orders  unless: 

(a)  Such  merchandise  be  obviously  defective  in  material  or  manu- 
facture and  be  returned  for  credit  within  ten  (10)  days  after  receipt 
of  the  same,  or 

(b)  Such  merchandise  be  latently  defective  and  be  returned  within 
such  time  as  a  reasonably  prudent  retailer  in  the  exercise  of  ordinary 
care  would  discover  the  defect,  or 

(c)  Such  merchandise  be  guaranteed  by  the  manufacturer,  in  which 
case  the  wholesaler  may  accept  such  merchandise  in  accordance  with 
the  terms  of  the  guarantee  and  during  the  lifetime  of  the  guarantee, 
or 

(d)  Such  merchandise  be  shipped  as  a  result  of  an  error  in  order- 
ing or  shipping  and  be  returned  for  credit  ten  (10)  days  after  receipt 
of  the  same. 

(e)  A  wholesaler  may,  however,  accept  the  return  of  not  more  than 
ten  per  cent  (10%)  of  the  merchandise  sold  by  him  to  a  customer 
during  the  four  (4)  months  previous  to  the  time  the  returned  mer- 
chandise is  received  by  the  wholesaler.  Said  returned  merchandise 
so  accepted  by  the  wholesaler  shall  be  credited  to  the  customer  to  the 
extent  of  not  more  than  eighty  per  cent  (80%)  of  the  wholesaler's 
current  selling  price  for  said  merchandise.  The  wholesaler  shall 
thereafter  make  a  triplicate  record  of  the  transaction;  one  copy  of 
■which  shall  be  sent  to  the  customer,  one  copy  shall  be  sent  to  the 
Divisional  Code  Authority,  and  one  copy  shall  be  kept  by  the 
wholesaler  for  his  own  record.  The  Divisional  Code  Authority  may 
permit  return  privileges  more  liberal  to  the  customer  than  those 
established  in  Subsection  (e)  where  special  circumstances  justify  the 
same. 

(f)  A  member  of  the  Trade  may  accept  in  lieu  of  payment  the 
return  for  credit  of  merchandise  sold  by  said  member  to  a  customer 
in  the  case  of  insolvency  or  financial  embarrassment  of  said  cus- 
tomer, provided  that  the  acceptance  of  this  returned  merchandise 
is  reported  immediately  to  the  Divisional  Code  Authority. 

Section  23.  To  give  discounts  to  purchasers  more  favorable  than 
three  per  cent  (3%),  ten  (10)  days  E.O.M.  or  two  per  cent  (2%), 
ten  (10)  days,  plus  sixty  (60)  daj^s  extra  dating,  except  that  ship- 
ments made  during  the  period  from  September  1st  to  November  1st, 
inclusive,  may  be  made  on  the  following  terms : 


583 

Three  per  cent  {S%),  ten  (10)  days  E.O.M.,  plus  thirty  (30) 
daj^s  extra  dating,  or  two  per  cent  (2%),  ten  (10)  days,  plus  ninety 
(90)  days  extra  dating.  Merchandise  shipped  after  the  25th  of  any 
month  may  be  dated  as  of  the  first  of  the  month  immediately 
following. 

Section  24.  To  deliver  to  a  purchaser  any  merchandise  in  excess 
of  the  merchandise  charged. 

Section  25.  To  give  display  materials  of  a  value  in  excess  of  ten 
per  cent  (10%)  of  the  amount  of  the  sale  with  which  it  is  given. 

Section  26.  To  make  any  allowance  to  a  purchaser  for  advertis- 
ing purposes.  Nothing  in  this  Section  shall  be  construed  to  pro- 
hibit the  payment  by  any  member  of  the  Trade  of  the  expense  of 
bona  fide  cooi^erative  advertising  actually  incurred  in  the  advertis- 
ing of  items  trademarked  or  branded  by  the  member  of  the  Trade, 
provided  such  payment  be  made  in  cash  to  an  advertising  medium 
or  entei'prise  owned  and  operated  independently  of  the  parties  in 
whose  interest  such  expense  is  incurred. 

Section  27.  To  ship  or  deliver  merchandise  to  retailers  on  memo- 
randum when  its  retention  for  longer  than  ten  (10)  days  by  the  re- 
tailer is  authorized.  Merchandise  of  this  character  kept  beyond 
the  specified  time  shall  be  considered  as  sold.  The  Divisional  Code 
Authority  may  permit  such  shipments  or  deliveries  under  unusual 
circumstances  justifying  the  same. 

Section  28.  The  Divisional  Code  Authority  with  the  consent  of  the 
Administrator  may  change  or  eliminate  any  of  the  provisions  of  this 
Supplemental  Code  for  the  purposes  of  placing  the  members  of  this 
Trade  on  a  fair  competitive  basis  with  primary  sellers  or  members 
of  other  wholesale  or  distributive  trades. 

Article  V — Permissible  Trade  Practices 

Supplementing  Article  VII  of  the  General  Code. 

Section  1.  (a)  No  goods  shall  be  sold  or  offered  for  sale  at  less 
than  the  cost  to  the  seller.  Such  cost  shall  be  defined  to  mean  the 
actual  net  invoiced  purchase  price  or  market  price,  whichever  is 
lower,  plus  transportation  charges  to  seller's  warehouse  plus  actual 
wages  involved  in  the  delivery  of  goods  by  the  seller  when  deter- 
mined in  accordance  with  an  accounting  formula  developed  by  an 
impartial  agency  chosen  with  the  advice  of  the  Administrator  and 
published  from  time  to  time  by  the  Divisional  Code  Authority  after 
approval  by  the  Administrator. 

(b)  Notwithstanding  the  provisions  of  this  Section,  any  whole- 
saler may  sell  any  article  of  merchandise  at  a  price  as  low  as  the 
price  set  by  any  competitor  on  merchandise  which  is  identical  or 
essentially  the  same,  and  where  such  competitor's  price  does  not 
violate  this  Section  or  where  such  competitor  is  not  subject  to  the 
provisions  of  this  Supplemental  Code. 

(c)  Notwithstanding  the  foregoing  provisions  of  this  Section  a 
wholesaler  may  sell  the  following  merchandise  at  less  than  the  prices 
established  under  the  said  provisions :  obsolete  goods,  bona  fide  close- 
out  merchandise,  damaged  merchandise,  stocks  being  liquidated, 
merchandise  sold  for  charitable  purposes  or  to  unemployment  relief 


584 

agencies,  and  such  other  merchandise  as  the  Divisional  Code  Au- 
thority may  designate.^ 

Section  2.  With  the  advice  and  consent  of  the  Administrator,  the 
Divisional  Code  Authority  may  at  any  time  determine  that  an  open 
price  plan  of  selling  such  commodity  or  commodities  of  the  Trade 
as  it  shall  specify  shall  be  put  into  effect.  Notice  of  such  determina- 
tion and  the  details  of  such  plan  shall  be  announced  to  all  known 
members  of  the  Trade  Avho  distribute  such  commodities. 

Article  VI — Power  of  President  to  Modift 

This  Suj^plemental  Code  and  all  the  provisions  thereof  are  ex- 
pressly made  subject  to  the  right  of  the  President  in  accordance 
with  the  provisions  of  Sub-section  (b)  of  Section  10  of  the  Act, 
from  time  to  time  to  cancel  or  modify  any  order,  approval,  license,, 
rule  or  regulations  issued  under  Title  I  of  said  Act. 

Article  VII — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  tenth  day 
after  its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No.  22. 
Registry  No.  1631-1-7. 


^  Amended — See  paragraph  3  of  order  approving  this  Code. 


Approved  Code  No,  84 — Supplement  No.  46 
SUPPLEMENTARY   CODE   OF   FAIR   COMPETITION 

FOR   THE 

ELECTRO  PLATING  AND  METAL  POLISHING  AND 
METAL  FINISHING  INDUSTRY 

As  Approved  on  August  22, 1934 


ORDER 


Appro\t:ng  Supplementary  Code  of  Fair  Competition  for  the 
Electro  Plating  and  Metal  Polishing  and  Metal  Finishing 
Industry 

A  division  of  the  fabricated  metal  products  manufacturing  and 

METAL    finishing    AND    METAL    COATING    INDUSTRY 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  and  in  accordance  with  the 
provisions  of  Section  1  of  Article  VI  of  the  Basic  Code  for  the  Fab- 
ricated Metal  Products  Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Industrj^,  approved  November  2,  1933,  for  approval 
of  a  Supplementary  Code  of  Fair  Competition  for  the  Electro  Plat- 
ing and  Sletal  Polishing  and  Metal  Finishing  Industry,  and  hearing 
having  been  duly  held  thereon  and  the  annexed  report  on  said  Sup- 
plementary Code,  containing  findings  with  respect  thereto,  having 
been  made  and  directed  to  the  Presiclent : 

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  Supplementary  Code  complies  in  all 
respects  with  the  pertinent  provisions  and  will  promote  the  policy 
ancl  purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that  said 
Supplementary  Code  of  Fair  Competition  be  and  it  is  hereby  ap- 
proved; provided,  however,  that  the  provisions  of  Subsection  (d)  of 
Section  4  of  Article  IV  be  deleted. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery^ 

Approval  recommended : 
Barton  W.  Murray, 

Division  A dministrator. 

Washington,  D.C, 

August  22,  193Jf. 

(585) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplementary  Code  of  Fair  Competi- 
tion for  the  Electro  Plating  and  Metal  Polishing  and  Metal  Fin- 
ishing Industry,  a  Division  of  the  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coating  Industry,  the 
hearing  having  been  conducted  thereon  in  Washington,  D.C.,  May 
18,  1934,  in  accordance  with  the  provisions  of  Title  I  of  the  National 
Industrial  Recovery  Act. 

GENERAL    STATEMENT 

The  Electro  Plating  and  Metal  Polishing  and  Metal  Finishing 
Industry,  being  truly  representative  of  this  division  of  the  Fabricated 
Metal  Products  Manufacturing  and  Metal  Finishing  and  Metal  Coat- 
ing Industry,  has  elected  to  avail  itself  of  the  option  of  submitting  a 
Supplementary  Code  of  Fair  Competition,  as  provided  for  in  Section 
1  of  Article  VI  of  the  Basic  Code,  for  the  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal  Coating  Industry 
approved  by  you  on  the  Second  day  of  November,  1933. 

RESUME   OF   THE    CODE 

Article  I  states  the  purpose  of  the  Supplementary  Code. 

Article  II  accurately  defines  specific  terms  emploj^ed  in  the  Supple- 
mentary Code. 

Article  III.  This  Industry  is  a  division  of  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  and  the  labor  provisions  of  its  Basic  Code,  as  approved 
November  2,  1933,  are  the  labor  provisions  of  this  Supplementary 
Code. 

Article  IV  establises  a  Supplementary  Code  Authority  consist- 
ing of  fourteen  (14)  members,  twelve  (12)  of  whom  shall  be  the 
Executive  Committee  of  the  Master  Electro  Platers  Institute,  or  its 
successor,  and  two  (2)  of  whom  shall  be  elected  from  the  non  mem- 
bers of  the  Institute  by  the  members  of  the  Industry  at  a  meeting 
called  by  the  Temporary  Supplementary  Code  Authority,  and  gives 
the  Administrator  the  authority  to  appoint  one  additional  member 
without  vote  and  provides  machinery  for  obtaining  statistics  and 
the  administration  of  the  Supplementary  Code. 

Article  V  provides  for  the  formulation  of  an  accounting  system 
and  methods  of  cost  finding  and/or  estimating. 

Article  VI  provides  the  determination  of  minimum  prices  to 
mitigate  conditions  constituting  an  emergency. 

Article  VII  provides  for  the  filing  of  prices  for  products  of  the 
Industry. 

(586) 


587 

Article  VIII  sets  forth  the  unfair  trade  practices  of  this  Supple- 
mentary Code  avoidance  of  which  is  especially  designed  to  oit'set 
unfair  competition  in  this  division  of  the  Industry. 

Article  IX  contains  the  mandatory  provisions  contained  in  Sec- 
tion 10  (b)  of  the  Act  and  also  provides  for  the  submission  of  pro- 
posed amendments  to  the  Supplementary  Code, 

Article  X  provides  against  monopolies  and  monopolistic  practices. 

Article  XI  states  the  effective  dare  and  duration  of  this  Supple- 
mentary Code. 

FINDINGS 

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

I  find  that : 

(a)  Said  Supplementary  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  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  organi- 
zation of  industry  for  the  purposes  of  cooperative  action  among 
the  trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity 
of  industries,  by  avoiding  undue  restriction  of  production  (except  as 
may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

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

(c)  The  Supplementary  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7,  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  Institute  is  an  industrial  Institute  truly  representative  of 
the  aforesaid  Industry;  and  that  said  Institute  imposes  no  inequi- 
table restrictions  on  admission  to  membership  therein. 

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

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

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

For  these  reasons,  therefore,  I  have  approved  this  Supplementary 
Code;  provided,  however,  that  the  provisions  of  Subsection  (d)  of 
Section  4  of  Article  IV  be  deleted. 
Respectfully, 

Hugh  S.  Johnson, 
August  22,  1934.  Administrator. 


SUPPLEMENTAEY  CODE  OF  FxilR  COMPETITION  FOR 
THE  ELECTEO  PLATING  AND  METAL  POLISHING  AND 
METAL  FINISHING  INDUSTRY 

A  DIVISION   OF  THE  FABRICATED   METAL  PRODUCTS   MANUFACTURING    AND 
METAL  FINISHING  AND  METAL  COATING  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  the  following  provisions  are  established  as  a  Supple- 
mentary Code  of  Fair  Competition  for  the  Electro  Plating  and 
Metal  Polishing  and  Metal  Finishing  Industry  pursuant  to  Article 
VI  of  the  Basic  Code  of  Fair  Competition  for  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  approved  by  the  President  on  the  2nd  day  of  November, 
1933,  and  the  provisions  of  this  Supplementary  Code  shall  be  the 
standards  of  Fair  Competition  of  such  Industry  and  shall  be  binding 
upon  every  member  of  the  Industry. 

Article  II — Definitions 

Section  1.  The  term  ''  Electro-Plating  and  Metal  Polishing  and 
Metal  Finishing  Industry  "  or  the  "  Industry  "  as  used  herein  means 
the  grinding,  polishing,  and  buffing  of  any  metal  part  or  metal 
product  and/or  the  electro  or  chemical  deposition  of  any  metal  on 
any  metal  as  a  commercial  process  for  sale;  including  the  grinding, 
polishing,  buffing,  and/or  electro-plating  of  purchased  metal  parts 
for  the  sole  purpose  of  selling  same  as  plated  articles.  This  does 
not  include  the  grinding,  polishing,  buffing,  and/or  plating  in  cases 
vs^here  the  party  completely  fabricates  the  metal  part  or  uses  the 
same  as  a  minor  part  in  assembling  the  products  manufactured  by 
such  party. 

Section  2.  The  term  "  employee  '"  as  used  herein  includes  any  and 
all  persons  engaged  in  the  Industry,  however  compensated,  except 
a  member  of  the  Industry. 

Section  3.  The  term  "  employer  ",  as  used  herein,  includes  anyone 
by  whom  such  employee  is  compensated  or  employed. 

Section  4.  The  term  "  member  of  the  Industry  ",  as  used  herein, 
includes,  but  without  limitation,  any  individual,  partnership,  associa- 
tion, corporation,  or  other  form  of  enterprise  engaged  in  the  In- 
dustry either  as  an  emplover  or  on  his  or  its  own  behalf. 

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  Admmis- 
trator  for  Industrial  Recovery. 

(r)S8) 


589 

Section  6.  The  term  "  Basic  Code  ",  as  used  herein,  is  defined  to 
mean  the  Basic  Code  of  Fair  Competition  for  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  as  approved  by  the  President  on  the  second  day  of  Novem- 
ber, 1933. 

Section  7.  The  term  "  Basic  Code  Authority  ",  as  used  herein, 
means  the  Executive  Committee  of  the  Fabricated  Metal  Products 
Federation. 

Section  8.  The  term  "  Supplementary  Code  Authority  ",  as  used 
herein,  means  the  Agency,  which  is  to  administer  this  Supplementary 
Code  as  hereinafter  provided. 

Section  9.  The  term  "  Institute  ",  as  used  herein,  is  defined  to 
mean  the  Master  Electro  Platers  Institute,  or  its  successor. 

Section  10.  The  term  "  Federation  ",  as  used  herein,  is  defined  to 
mean  the  Fabricated  Metal  Products  Federation  or  its  successor. 

Article  III — Employment  Provisions 

This  Industry  is  a  division  of  the  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coating  Industry  and  with- 
out limitation  the  wage,  hour  and  labor  provisions  in  Article  III  of 
its  Basic  Code  as  approved  by  the  President,  November  2,  1933, 
including  Section  1  of  said  Article  III,  by  which  the  provisions  of 
sub-sections  (1),  (2)  and  (3)  of  Section  7  (a)  of  Title  I  of  the  Act 
are  made  conditions  of  this  Supplementary  Code,  are  specifically 
incorporated  herein  and  made  a  part  hereof  as  the  wage,  hour  and 
labor  provisions  of  this  Supplementary  Code. 

Article  IV — Organization,  Powers  and  Duties  of  Supplementary 

Code  Authority 

Section  1.  There  shall  be  established  a  Supplementary  Code 
Authority  consisting  of  14  members,  twelve  (12)  of  whom  shall  be 
the  Executive  Committee  of  the  Institute,  and  two  (2)  of  whom 
shall  be  elected  by  and  from  among  the  members  of  the  Industry  who 
are  non-members  of  the  Institute. 

Within  sixty  (60)  days  following  the  effective  date  of  this  Supple- 
mentary Code  the  Executive  Committee  shall  call  a  meeting  of  the 
members  of  the  Industry  who  are  non-members  of  the  Institute  on  10 
days'  notice  sent  by  mail  to  all  such  members  of  the  Industry,  whose 
names  may  be  ascertained  after  diligent  search,  for  the  purpose  of 
electing  the  above  mentioned  two  (2)  members.  At  any  such  meeting 
voting  may  be  either  in  person,  by  proxy,  or  by  letter  ballot.  The 
two  (2)  persons  receiving  the  greatest  number  of  all  votes  cast 
whether  in  person,  by  proxy,  or  by  letter  ballot  shall  be  deemed  to 
be  elected. 

In  case  the  non-members  of  the  Institute  shall  fail  to  elect  the 
non-member  representatives  on  the  Supplementary  Code  Authority  as 
hereinabove  provided,  the  Administrator  shall  appoint  such  non- 
member  representatives  from  a  list  of  four  (4)  non-members  of  the 
Institute  to  be  furnished  to  the  Administrator  by  said  Executive 
Committee. 


590 

During  the  period  from  the  effective  date  of  the  Supplementary 
Code  and  until  the  election  of  the  said  two  (2)  non-member  repre- 
sentatives on  the  Supplementary  Code  Authority  the  Executive  Com- 
mittee of  the  Institute  shall  act  as  a  temporary  Code  Authority  with 
the  powers  herein  given  to  the  Supplementary  Code  Authority. 

A  Vacancy  in  the  membership  of  the  Supplementary  Code  Au- 
thority, resulting  from  the  death,  resignation,,  or  inability  to  act 
of  a  member  of  the  Executive  Committee,  shall  be  filled  by  a  major- 
ity vote  of  the  remaining  members  of  the  Executive  Committee ;  and 
a  vacancy  in  the  membership  of  the  Supplementary  Code  Authority, 
resulting  from  the  death,  resignation,  or  inabilitj'^  to  act  of  a  non- 
institute  member,  shall  be  filled  by  a  majority  vote  of  the  remaining 
members  of  the  Supplementary  Code  Authority,  provided,  however, 
that  the  person  filling  such  vacancy  shall  be  a  member  of  the  In- 
dustry who  is  a  non-member  of  the  Institute. 

In  addition  thereto  the  Administrator  may  appoint  a  member 
of  the  Supplementary  Code  Authority  who  shall  be  without  vote 
and  shall  serve  without  expense  to  the  Industry.  The  representa- 
tive appointed  by  the  Administrator^  shall  be  given  reasonable 
notice  of  and  may  sit  at  all  meetings  of  the  Supplementary  Code 
Authority. 

Section  2.  Each  trade  or  industrial  association  directly  or  in- 
directly participating  in  the  selection  or  activity  of  the  Supplemen- 
tary Code  Authority  shall  (1)  impose  no  inequitable  restrictions  on 
memberships,  and  (2)  submit  to  the  Administrator  true  copies  of  its 
Articles  of  As-ociation,  By-Laws,  Regulations,  and  any  amendments 
when  made  thereto,  together  with  such  other  information  as  to  mem- 
bership, organization,  and  activities  as  the  Administrator  may  deem 
necessary  to  effectuate  the  purposes  of  the  Act. 

Section  3.  In  order  that  the  Supplementary  Code  Authority 
shall,  at  all  times,  be  truly  representative  of  the  Industry  and  in 
other  respects  comply  with  the  provisions  of  the  Act,  the  Adminis- 
trator may  prescribe  such  Hearings  as  he  may  reasonably  deem 
proper;  and,  thereafter,  if  he  shall  find  that  the  Supplementary 
Code  Authority  is  not  truly  representative  or  does  not  in  other 
respects  comply  with  the  provisions  of  the  Act,  may  require  the  re- 
moval of  any  or  all  of  the  members  thereof,  and  may  make  appro- 
priate modification  or  modifications  of  the  Supplementary  Code 
Authority. 

Section  4.  It  being  found  necessary  in  order  to  support  the  ad- 
ministration of  the  Supplementary  Code  and  to  maintain  the  stand- 
ards 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  obligations 
out  of  funds  Avhicli  may  be  raised  as  hereinafter  provided  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. 


591 

(c)  After  such  budget  and  basis  of  contribution  has  been  ap- 
proved by  the  Afhninistrator,  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. 

(d)  The  Code  Authority  is  authorized  to  make  application  for 
the  termination  of  the  exemption  conferred  in  paragraph  3  of  Ad- 
ministrative Order  X-36  dated  May  26,  1934,  and  to  take  such  action 
as  may  be  necessary  to  obtain  the  approval  of  such  application,^ 

Each  member  of  tlie  Industry  shall  pay  his  or  its  equitable  contri- 
bution 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  Administrator. 
OnW  members  of  the  Industry  complying  with  the  Supplementary 
Code  and  contributing  to  the  expenses  of  its  administration  as  here- 
inabove provided,  unless  duly  exempted  from  making  such  contri- 
butions, 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  insig- 
nia of  the  National  Recovery  Administration. 

The  Supplementary  Code  Authority  shall  neither  incur  nor  pay 
any  obligations  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  Administrator  shall  have  so  approved. 

Section  5.  Nothing  contained  in  this  Supplementary  Code  shall 
constitute  the  members  of  the  Supplementary  Code  Authority  part- 
ners for  any  purpose.  Nor  shall  any  member  of  the  Supplementary 
Code  Authority  be  liable  in  any  manner  to  anyone  for  any  act  of  any 
other  member,  officer,  agent,  or  employee  of  the  Supplementary  Code 
Authority.  Nor  shall  any  member  of  the  Supplementary  Code  Au- 
thority be  liable  to  anyone  for  any  action  or  omission  to  act  under 
this  Supplementary  Code,  except  for  his  own  willful  malfeasance 
or  nonfeasance. 

Section  6.  The  Supplementary  Code  Authority  shall  also  from 
time  to  time  furnish  to  the  Basic  Code  Authority,  designated  in  said 
Basic  Code,  such  information  as  may  be  required  to  be  furnished 
under  the  terms  of  said  Basic  Code. 

Section  7.  The  Supplementary  Code  Authority  shall  have  all  the 
powers  and  duties  which  shall  be  necessary  or  proper  to  enable  it  to 
fully  administer  this  Supplementary  Code  and  to  effectuate  its  pur- 
pose. 

Without  limitation  to  the  foregoing  or  any  other  powers  or  duties 
provided  for  in  this  Supplementary  Code,  the  Supplementary  Code 
Authority  shall  have  the  following  specific  duties : 

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

(b)  To  obtain  from  members  of  the  Industry  such  information 
and  reports  as  are  required  for  the  administration  of  the  Supple- 
mentary Code.  In  order  to  assure  confidential  treatment  of  indi- 
vidual figures,  all  reports  and  information  which  the  Supplementary 


1  Deleted.     See  paragraph  2  of  order  approving  this  Code. 
86360—34 28 


592 

Code  Authority  is  empowered  to  collect  or  receive,  shall  be  collected 
or  received  by  an  impartial  agency  appointed  by  the  Supplementary 
Code  Authority,  not  a  member  of  nor  connected  with  a  member  of 
the  Industry.  The  agency  so  collecting  or  receiving  any  such  reports 
or  information  shall  keep  the  same  confidential  as  to  individual 
reports  and  shall  not  disclose  the  same  to  any  member  of  the  Indus- 
try, but  all  such  information  shall  be  available  at  all  times  to  the 
Administrator. 

In  addition  to  information  required  to  be  submitted  to  the  Sup- 
plementary Code  Authority,  members  of  the  Industry,  subject  to  the 
Supplementary  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  Supplementary  Code 
shall  relieve  any  member  of  the  Industry  of  any  existing  obligations 
to  furnish  reports  to  any  government  agency.  No  individual  report 
shall  be  disclosed  to  any  other  member  of  the  Industry  or  any  other 
party,  except  to  such  other  governmental  agencies,  as  may  be  directed 
by  title  Administrator. 

(c)  To  appoint  within  90  days  after  the  effective  date  of  this 
Supplementary  Code  a  committee  so  constituted  as  to  give  consumer 
and  governmental  representation  satisfactory  to  the  Administrator, 
to  make  a  study  with  a  view  to  the  establishment  of  classifications  and 
standards  of  size  (including  thickness  of  deposit)  and  quality 
(gTades)  of  staple  products  and  services  of  the  Industry  wherever 
such  standards  are  deemed  feasible.  The  findings  and  recommenda- 
tions of  this  committee  shall  be  submitted  to  the  Industry  and  to  the 
Administrator,  within  one  year  after  the  effective  date  of  this 
Supplementary  Code.  If  a  majority  of  the  members  of  the  Industry 
approve  of  the  findings  and  recommendations,  and  after  such  hear- 
ings and  investigations  as  the  Administrator  may  designate,  and  upon 
approval  by  the  Administrator,  such  findings  and  recommendations 
shall  be  made  a  part  of  this  Supplementary  Code  and  shall  be  binding 
upon  every  member  of  the  Industry. 

(d)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carying  out  of  any  of  its  activities  provided  for  here- 
in, provided  that  nothing  herein  shall  relieve  the  Supplementary 
Code  Authority  of  its  duties  or  responsibilities  under  this  Supple- 
mentary 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  Supplementary  Code  with 
such  other  codes,  if  any,  as  may  be  related  to  or  affect  members  of  the 
Industry. 

(f)  To  recommend  to  the  Administrator  any  action  or  measures 
deemed  advisable,  including  further  fair  trade  practice  provisions 
to  govern  members  of  the  Industry  in  their  relations  with  each  other 
or  with  other  Industries;  measures  for  industrial  planning,  and 
stabilization  of  employment;  and  including  modifications  of  this 
Code  which  shall  become  effective  only  as  hereinafter  provided  in 
making  amendments  hereto. 

(g)  To  appoint  a  Trade  Practice  Committee  which  shall  meet 
with  the  Trade  Practice  Committees  appointed  under  such  other 


593 

codes  as  may  be  related  to  the  Industry  for  the  purpose  of  formu- 
lating fair  trade  practices  to  govern  the  relationships  between  em- 
ployers under  this  Supplementary  Code  and  under  such  other  codes 
to  the  end  that  such  fair  trade  practices  may  be  proposed  to  the 
Administrator  as  amendments  to  this  Supplementary  Code  and  such 
other  codes. 

(h)  To  provide  for  local  Administration  of  the  Supplementary 
Code  through  the  selection  of  District  Code  Committees  for  the 
various  Industry  Districts  as  hereby  created  and  set  forth  in  Ex- 
hibit "A"  attached  hereto.  Each  such  District  Committee  shall  be 
selected  by  and  from  the  members  of  the  Industry  residing  within  the 
District,  in  a  manner  truly  representative  of  the  members  of  the 
Industry  within  that  District  and  subject  to  review  by  the 
Administrator. 

The  District  Code  Committees  shall  administer  the  Supplementary 
Code  in  their  respective  districts  and  shall  have  such  powers  in  the 
administration  of  the  Supplementary  Code  as  may  be  delegated  to 
them  by  the  Supplementary  Code  Authorit}^,  provided,  that  nothing 
herein  shall  relieve  the  Supplementary  Code  Authority  of  its  duties 
or  responsibilities  under  this  Supplementary  Code;  and  that  such 
District  Code  Committees  shall  at  all  times  be  subject  to  and  com- 
l)ly  with  the  provisions  of  the  Supplementary  Code. 

Sectigx  8.  Eacli  member  of  the  Industry  may  report  to  the  Dis- 
trict Code  Committee  for  his  district,  or  its  appointees,  any  com- 
plaints regarding  an  alleged  violation  of  this  Supplementary  Code  by 
a  member  of  the  Industry  within  a  district.  The  District  Code 
Committee  shall  attempt  to  settle  the  disputes  and,  if  unsuccessful, 
shall  forward  its  recommendations  to  the  Supplementary  Code  Au- 
thority. Any  complaint  of  an  alleged  violation  of  this  Supplemen- 
tary Code  made  by  a  member  of  the  Industry  against  another  member 
of  the  Industry  located  in  another  district  shall  be  reported  to  the 
Supplementary  Code  Authority. 

Section  9.  To  the  extent  permitted  by  the  Act  and  subject  to  such 
rules  and  regulations  as  the  Administrator  may  prescribe,  any  and 
all  information  furnished  to  the  Supplementary  Code  Authority  by 
any  member  of  this  Industry  pursuant  to  the  provisions  of  this  Sup- 
plementary Code  shall  be  subject  to  verification  by  an  impartial 
agency  agreed  upon  by  the  Supplementary  Code  Authority  and  the 
member  of  the  Industry  in  question,  and,  failing  such  agreement, 
such  impartial  agency  shall  be  selected  by  the  Administrator,  which 
impartial  agency  may  check  so  much  of  the  pertinent  books,  ac- 
counts and  records  of  such  member  of  the  Industry  as  may  be  re- 
quired to  verify  the  accuracy  of  the  information  so  furnished. 

Section  10.  If  the  Administrator  believes  that  any  action  of  the 
Supplementary  Code  Authority  or  any  agency  thereof  is  unfair  or 
unjust  or  contrary  to  the  public  interest,  the  Administrator  may  re- 
quire that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action.  Further  action  by  such 
Supplementary  Code  Authority  or  agency  regarding  the  matter 
complained  of  may  be  taken  if  approved  by  the  Administrator,  but 
shall  not  be  taken  if  disapproved  by  the  Administrator  within  thirty 
(30)  days  of  notice  to  him  of  intention  to  proceed  with  such  action. 


594 

Section  11.  Every  employer  shall  make  reasonable  provisions  for 
the  safety  and  health  of  employees  during  the  hours  and  at  the 
places  of  their  employment.  Standards  of  health  and  safety  shall 
be  submitted  by  the  Supplementary  Code  Authority  to  the  Admih- 
istrator  within  three  (3)  months  after  the  effective  date  of  the 
Supplementary  Code. 

Article  V — Cost  Finding 

The  Supplementary  Code  Authority  shall  cause  to  be  formulated 
methods  of  cost  finding  and  accounting  capable  of  use  by  all  mem- 
bers of  the  Industry,  and  shall  submit  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  mem- 
bers 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  Supplementary 
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  VI — Costs  and  Price  Cutting 

Section  1.  If  the  Administrator,  upon  application  of  the  Supple- 
mentary Code  Authority  or  any  member  of  the  Industry,  after 
investigation,  shall  at  any  time  find  that  as  to  this  Industry  or  as 
to  any  district  within  the  Industry  both  (1)  that  any  emergency 
has  arisen  within  the  Industry  or  within  the  district  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  stated 
minimum  prices  for  a  specified  product  or  service  within  the  Indus- 
try or  within  the  district  for  a  limited  period  is  necessary  to  miti- 
gate the  conditions  constituting  such  emergency  and  to  effectuate 
the  purposes  of  the  Act,  the  Supplementary  Code  Authority  may 
cause  an  impartial  agency  to  investigate  the  costs  and  to  recom- 
mend to  the  Administrator  a  determination  of  the  stated  minimum 
price  of  the  product  or  service  affected  by  the  emergency  and  there- 
upon the  Administrator  may  proceed  to  determine  such  stated 
minimum  price. 

Section  2.  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  eme-gency  and  to  effectuate  the  purposes  of  the 
National  Eecovery  Administration,  he  shall  publish  such  price. 
Thereafter  during  such  stated  period  no  member  of  the  Industry 
shall  sell  such  specified  products  or  services  within  any  district  for 
which  such  price  has  been  fixed  at  a  net  realized  price  below  said 
stated  minimum  price,  and  any  such  sale  shall  be  deemed  destructive 
price  cutting  and  an  unfair  method  of  competition.  From  time  to 
time  the  Supplementary  Code  Authority  may  recommend  a  review 
or  reconsideration,  or  the  Administrator  may  cause  any  determina- 
tion hereunder  to  be  reviewed  or  reconsidered  and  appropriate 
action  taken. 


595 
Article  VII — Publication  of  Price 

Section  1.  The  District  Code  Committee  in  any  district  may  pre- 
pare a  list  of  all  articles  which  are  standard  articles  upon  which  the 
service  of  plating,  re-plating,  finishing,  or  re-finishing,  is  generally 
performed  within  that  district  and  shall  submit  such  list  to  the 
members  of  the  Industry  located  within  the  district  as  a  tentative 
list  of  products  upon  which  each  member  of  the  Industry  perform- 
ing industry  services  for  customers  residing  within  the  district 
shall  be  required  to  publish  his  prices  and  terms  and  conditions  of 
sale.  Whenever  the  members  of  the  Industry  operating  within  such 
district  who  employ  at  least  60%  of  the  employees  engaged  by  the 
members  of  the  Industry  in  that  district,  shall  have  approved  such 
list  of  standard  products  or  any  modification  thereof  and  the  same 
shall  have  been  approved  by  the  Administrator,  the  District  Code 
Committee  shall  disseminate  such  approved  list  to  all  members  of 
the  Industry  known  to  be  located  within  the  district  or  doing  indus- 
try services  for  customers  within  the  district,  as  the  list  of  standard 
products  on  which  each  member  must  file  with  the  District  Code 
Committee,  his  prices,  terms  and  conditions  of  sale  on  such  services 
for  customers  residing  within  the  district.  Within  ten  days  after 
the  dissemination  of  such  list  each  member  of  the  Industry  located 
within  the  district  or  performing  any  industry  services  for  custom- 
ers located  within  such  district  shall  file  with  the  District  Code 
Committee  or  its  designated  agency  such  member's  prices  for  the 
plating,  re-plating,  finishing  and  re-finishing  of  all  said  standard 
articles  and  shall  so  publish  and  file  all  subsequent  changes  therein 
or  revisions  thereof,  which  shall  be  effective  immediately  upon 
receipt  thereof  by  the  filing  agency.  When  any  member  of  the 
Industry  has  filed  any  revision  such  member  shall  not  file  a  higher 
price  within  48  hours.  Such  prices,  terms  and  conditions  of  sale, 
and  changes  therein  or  revisions  thereof,  as  aforesaid  so  filed,  shall, 
for  the  purpose  of  this  Supplementary  Code,  be  treated  as  the  pub- 
lished prices,  terms  and  conditions  of  sale  within  such  districts  on 
said  standard  products  of  the  member  filing  the  same  and  shall  be 
at  all  times  during  business  hours  open,  at  the  office  of  said  District 
Code  Committee  or  its  said  designated  agency,  to  all  interested 
parties.  Promptly  after  receipt  thereof  the  District  Code  Commit- 
tee, or  its  designated  agency,  shall  send,  or  cause  to  be  sent,  a  copj^ 
of  all  such  prices,  terms  and  conditions  of  sale  and  all  changes 
therein  or  revisions  thereto  to  each  member  of  the  Industry  known 
to  be  located  witliin  the  District  or  doing  work  for  customers 
located  within  the  district,  or  who  shall  have  so  filed  his  prices, 
terms  and  conditions  of  sale  or  to  any  other  interested  party  who 
shall  have  registered  his  name  and  address  with  the  filing  agency  and 
who  shall  pay  the  cost  involved. 

Section  2.  No  member  of  the  Industry  shall  offer  for  sale,  quote 
on,  or  sell  to  any  customer  or  prospective  customer  residing  within 
the  district,  any  of  its  products  or  services  at  a  price  or  upon  terms 
and  conditions  other  than  those  stated  in  such  member's  published 
prices,  terms  and  conditions  of  sale  and  changes  therein  or  revisions 
thereof  published  and  filed  by  such  member  in  such  district,  except 
to  another  member  of  the  Industry  who  is  complying  with  the  provi- 


596 

sions  of  the  Supplementary  Code  and  paying  his  pro  rata  share  of 
the  expense  thereof. 

Section  3.  If  at  any  time  hereafter  the  Administrator  shall  give 
his  approval  to  the  reciiiirement  that  subsequent  changes  or  revisions 
of  any  prices,  terms  or  conditions  of  sale,  as  provided  in  Section  1 
hereof,  shall  be  filed  a  specific  period  of  time  prior  to  the  effective 
date  thereof,  the  Supplementary  Code  Authority  may  provide  that 
all  changes  in  such  price  lists,  terms  or  conditions  of  sale,  or  revisions 
thereof  thereafter  filed,  shall  be  published  or  filed  ten  days,  or  such 
other  period  of  time  as  may  be  approved  by  the  Administrator,  prior 
to  the  effective  date  of  any  such  subsequent  changes  or  revisions.  All 
the  provisions  of  Section  1  of  this  Article,  with  respect  to  making 
prices,  terms  and  conditions  of  sale  so  filed,  open  to  all  interested 
parties  and  with  resi)ect  to  dissemination  of  the  same,  and  all  provi- 
sions of  Section  2  of  this  Article  shall  be  applicable  as  to  any  prices, 
terms  or  conditions  of  sale  filed  in  accordance  with  this  Section  3. 

Any  member  may  file  with  the  said  District  Code  Committee  or  its 
said  agency  such  changes  in  his  prices  or  terms  and  conditions  of 
sale  as  may  re  required  to  meet  the  changes  filed  by  another  member. 
Changes  so  filed  shall  become  effective  on  the  same  date  as  the' 
effective  date  for  the  changes  of  such  other  member  first  filing  as 
aforesaid,  or,  if  those  changes  shall  have  already  become  effective, 
then  the  changes  subsequently  filed  as  aforesaid  shall  become  effective 
immediately  upon  receipt  thereof  by  the  filing  agency. 

Artic5Le  VIII — Unfair  Trade  Practices 

Superseding  all  of  the  unfair  trade  practices  covered  by  Article 
V  of  the  Basic  Code  the  following  described  acts  shall  constitute 
unfair  trade  practices  and  any  member  of  the  Industry  who  shall, 
directly  or  indirectly  through  any  officer,  employee,  agent,  or  repre- 
sentative, use  or  employ  any  of  such  unfair  practices  shall  be  guilty 
of  a  violation  of  this  Supplementary  Code. 

Rule  1.  No  member  of  this  Industry  shall  sell  industiy  products 
or  perform  any  services  within  the  scope  of  the  Industry  upon  terms 
more  favorable  than  1  percent  for  cash  payment  within  10  days,  80 
days  net;  provided,  however,  that  the  cash  discount  ma}"  be  allowed 
for  cash  payment  on  or  before  the  25th  day  of  the  month  on  all 
invoices  issued  from  the  first  to  the  fifteenth  day  of  the  month,  both 
inclusive,  and  the  1  percent  discount  may  be  allowed  for  cash  pay- 
ment on  or  before  the  10th  day  of  the  following  month  on  all  invoices 
issued  from  the  16th  day  to  the  last  day  of  the  month,  both  inclusive. 

Rule  2.  No  member  of  the  Industry  shall  make  or  cause  or  know- 
ingly permit  to  be  made  or  published  any  false,  materially  inaccurate, 
or  deceptive  statement  by  way  of  advertisement,  or  otherwise,  con- 
cerning the  grade,  quality,  quantity,  thickness  of  deposit,  substance, 
character,  nature,  or  finish  or  preparation  of  any  product  of  the 
Industry  or  the  credit  terms,  policies,  or  services  of  any  member  of 
the  Industry,  or  otherwise,  having  the  tendency  or  capacity  to  mislead 
or  deceive  customers  or  prospective  customers. 

Rule  3.  No  member  of  the  Industry  shall  knowingly  Avithhold 
from  or  insert  in  any  contract,  quotation,  or  invoice,  any  statement 
that  makes  it  inaccurate  in  any  material  particular. 


597 

Rule  4.  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  emploj^er,  principal  or  party.  This  provision 
shall  not  be  construed  to  prohibit  free  and  general  distribution  of 
articles  connnonly  used  for  advertising  except  so  far  as  such  articles 
are  actually  used  for  commercial  bribery  as  hereinabove  defined. 

Rule  5.  No  member  of  the  Industry  shall  secretly  make  or  offer 
to  make  any  payment  or  allowance  of  a  rebate,  refund,  commission 
credit,  unearned  discount  or  excess  allowance,  whether  in  the  form  of 
money  or  otherwise,  nor  shall  a  member  of  the  Industry  secretly  offer 
or  extend  to  any  customer  any  special  service  or  privilege  not  ex- 
tended to  all  customers  of  the  same  class  for  the  purpose  of  influ- 
encing a  sale. 

Rule  6.  No  member  of  the  Industry-  shall  willfully  induce  or 
attempt  to  induce  the  breach  of  existing  contracts  between  competi- 
tors 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  ham- 
pering, injuring,  or  embarrassing  competitors  in  their  business. 

Rule  7.  No  member  of  the  Industry  shall  defame  a  competitor 
by  falsely  imputing  to  him  dishonorable  conduct,  inability  to  per- 
form contracts,  questionable  credit  standing,  or  by  other  false  rep- 
resentation, or  by  falsely  disparaging  the  grade  or  quality  of  his 
goods  or  services. 

Rule  8.  No  member  of  the  Industry  shall  brand  or  mark  or  pack 
any  product  of  the  Industry  in  any  manner  which  has  a  tendency 
to  or  does  deceive  or  mislead  purchasers  with  respect  to  the  brand, 
grade,  qualit}^,  quantity,  origin,  size,  substance,  character,  nature, 
finish,  thickness  of  deposit,  material  content  or  preparation  of  such 
product  of  the  Industry. 

Rule  9.  No  member  of  the  Industry  shall  imitate  or  simulate  the 
trade  mark,  trade  name,  package,  wrapper,  or  label  of  a  competitor's 
product  to  such  a  degree  as  to  deceive  or  have  a  tendency  to  deceive 
customers. 

Rule  10.  No  member  of  the  Indunstry  shall  procure,  otherwise 
than  with  the  consent  of  any  member  of  the  Industry,  any  infor- 
mation concerning  the  business  of  such  member  which  is  properly 
regarded  as  a  trade  secret  or  as  confidential  within  its  organization. 

Rule  11.  Standard  forms  of  quotations  and  contracts  may  be 
adopted  by  the  Supplementary  Code  Authority,  subject  to  approval 
by  the  Administrator.  All  quotations  shall  thereafter  be  made  in 
accordance  with  the  terms  and  conditions  of  such  forms  of  quota- 
tions and  all  contracts  shall  be  made  in  accordance  with  the  terms 
and  conditions  set  forth  in  any  standard  form  of  contract  so  adopted, 
and  any  departure  by  a  member  of  the  Industry  from  said  standard 
terms  and  conditions  in  the  making  of  any  quotation  or  contract 
in  any  transaction  is  an  unfair  method  of  competition. 


598 
Article  IX — ^Modification 

Section  1.  As  provided  in  Section  10  (b)  of  the  Act,  the  President 
may  from  time  to  time  cancel  or  modify  any  order,  approval,  license, 
rule,  or  regulation  issued  under  Title  I  of  the  Act. 

Section  2.  Such  of  the  provisions  of  this  Supplementary  Code  as 
are  not  required  to  be  included  herein  by  the  Act  may,  upon  sub- 
mission to  the  Industry  by  the  Administrator  and  approval  by  the 
President,  after  such  hearing  as  the  Administrator  may  prescribe,  be 
modified  or  eliminated  as  changes  in  circumstances  or  experience 
may  indicate.  It  is  contemplated  that,  from  time  to  time,  supple- 
mentary provisions  to  this  Supplementary  Code  may  be  submitted 
by  the  Industry  for  the  approval  of  the  President  to  prevent  unfair 
competition  in  price  and  other  unfair  and  destructive  practices,  and 
to  effectuate  the  other  purposes  and  policies  of  Title  I  of  the  Act, 
and  any  such  supplementar}?^  provisions,  after  submission  to  the  In- 
dustry and  approval  by  the  President,  and  after  such  hearing  as 
the  Administrator  may  prescribe,  shall  become  a  part  of  the  Supple- 
mentary Code  and  effective  as  such. 

Article  X — Monopolies 

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

Article  XI — Effective  Date  and  Duration 

This  Supplementary  Code  shall  become  effective  at  12 :  01  o'clock 
A.  M.  on  the  tenth  day  after  it  is  approved  by  the  President  and 
shall  continue  in  effect  until  June  16,  1935,  or  the  earliest  elate  prior 
thereto  on  which  the  President  shall,  by  proclamation,  or  the  Con- 
gress shall,  by  joint  resolution,  declare  that  the  emergency  recognized 
by  Section  1  of  Title  I  of  the  Act,  has  ended. 

Approved  Code  No.  84 — Supplement  No.  46. 
Registry  1213-15. 


Exhibit  A 

The  Districts  referred  to  hereinbefore  in  Article  IV,  Section  7  (b)  are  the 
Districts  as  defined  below : 

District  I.  The  states  of  Washington,  Oregon,  California,  Nevada,  Arizona, 
Utah,  Wyoming,  Idaho,  Montana,  and  the  territories  Alaska  and  Hawaii. 

District  II.  The  states  of  North  Dakota,  South  Dakota,  Nebraska,  Colo- 
rado, Kansas.  New  Mexico,  Oklahoma,  Texas. 

District  III.  The  states  of  Minnesota,  Wisconsin,  Iowa. 

District  IV.  The  states  of  aiissouri,  Arkansas,  Louisiana,  Mississippi,  the 
extreme  western  portions  of  Tennessee  and  Kentucky  lying  west  of  the  Tennes- 
see River. 

District  V.  Those  portions  of  the  states  of  Tennessee  and  Kentucky  which  lie 
east  of  the  Tennessee  River,  except  Jefferson  County,  Ky.,  the  states  of 
North  Carolina,  South  Carolina,  Georgia,  Florida,  Alabama,  and  Puerto  Rico. 

District  VI.  The  states  of  Maine,  New  Hampshire,  Vermont,  Massachu- 
setts, Rhode  Island,  and  Connecticut. 

District  VII.  That  portion  of  the  State  of  New  Jersey  lying  north  of  but 
excluding  Mercer  County  and  North  and  east  of  but  excluding  Burlington 
County,  greater  New  York  City,  Long  Island  and  that  portion  of  New  York 
State  which  is  bounded  on  the  east  by  Connecticut,  on  the  west  by  New  Jersey 
and  Pennsylvania  and  on  the  north  by  a  straight  line  drawn  as  if  continuing 
the  northern  boundai-y  line  of  Pennsylvania  in  an  easterly  direction  to  the 
Connecticut  state  line. 

District  VIII.  The  state  of  Virginia  and  West  Virgina  excepting  Marshall, 
Ohio,  Brooke  and  Hancock  counties ;  the  District  of  Columbia,  the  states  of 
Delaware,  Maryland,  and  that  portion  of  the  state  of  Pennsylvania  lying  east 
of  a  line  drawn  through  and  including  the  cities  of  Gettysburg  and  Williams- 
port,  Pennsylvania,  and  that  portion  of  New  Jersey  lying  soutliwest  of  and 
including  the  counties  of  Mercer  and  Burlington. 

District  IX.  That  portion  of  Pennsylvania  excepting  the  county  of  Erie, 
Pennsylvania,  which  lies  west  of  a  line  intersecting  the  state  and  drawn 
through,  but  excluding,  Gettysburg  and  Williamsport ;  those  portions  of  the 
state  of  Ohio  and  Indiana  south  of  a  line  intersecting  said  states  from  east 
to  west  through  and  including  Carrollton,  Ohio,  and  Lima,  Ohio,  and  thence 
through  and  excluding  Logansport,  Ind.  and  Kentland,  Ind.,  to  the  Illinois 
state  line.  District  IX  shall  also  include  the  Counties  of  Marshall,  Ohio, 
Brooke  and  Hancociv  in  the  state  of  West  Virginia ;  and  the  county  of  Jefferson 
in  the  state  of  Kentucky. 

District  X.  New  York  State  lying  to  the  north  of  the  Pennsylvania  state 
line  and  of  a  straight  line  drawn  as  a  continuation  thereof  across  New  York 
State  to  the  Connecticut  boundary. 

District  XI.  The  state  of  Michigan;  that  portion  of  the  states  of  Indiana 
which  lies  east  of  a  line  drawn  through  the  cities  of  Michigan  City,  La  Porte, 
and  Logansport,  and  lying  north  of  a  line  drawn  through  Logansport,  Ind., 
Lima,  Ohio,  and  Carrollton,  Ohio,  to  the  Pennsylvania  state  line.  The  city  of 
Logansport,  Ind.  is  included  in  District  XI,  but  the  cities  of  Michigan  City 
and  La  Porte,  Ind.  and  of  Lima  and  Carrollton,  Ohio  are  excluded  therefrom. 
District  XI  shall  also  include  the  county  of  Erie,  Pennsylvania. 

District  XII.  The  state  of  Illinois;  and  that  portion  of  Indiana  which  lies 
west  of  a  line  drawn  from  Michigan  City,  Indiana,  through  La  Porte,  Ind. 
to  Logansport,  Ind. ;  and  that  portion  of  Indiana  which  lies  north  of  a  line 
intersecting  Indiana  from  East  to  West  drawn  from  Lima,  Ohio  through 
Logansport  and  Kentland,  Indiana  to  the  Eastern  Boundary  of  the  State  of 
Illinois.  The  cities  of  Michigan  City,  Ind.,  La  Porte,  Ind.,  and  Kentland,  In- 
diana are  included  in  District  XII,  but  the  city  of  Logansport,  Indiana  i» 
excluded  therefrom. 

(599) 


Approved  Code  No.  84 — Supplement  No.  47 

SUPPLEMENTARY  CODE   OF  FAIR  COMPETITION 

FOR   THE 

PIPE  TOOL  MANUFACTURING  INDUSTRY 

As  Approved  on  August  23,  1934 


ORDER 


Approving  Supplementary  Code  of  Fair  Competition  for  the  Pipe 
Tool  Manufacturing  Industry 

JT  division  of  the  fabricated  metal  products  manufacturing  and 
metal  finishing  and  metal  coating  industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recover}'  x\.ct,  approved  June  16,  1933,  and  in  accordance  with  the 
provisions  of  Section  1  of  Article  VI  of  the  Basic  Code  for  the  Fabri- 
cated Metal  Products  Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Industry,  approved  November  2,  1933,  for  approval  of  a 
Supplementary  Code  of  Fair  Competition  for  the  Pipe  Tool  Manu- 
facturing Industry,  and  hearing  having  been  duly  held  thereon; 
and  the  annexed  report  on  said  Supplementary  Code,  containing 
findings  with  respect  thereto,  having  been  made  and  directed  to  the 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vest&d  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  Supplementary  Code  complies  in  all 
respects  with  the  pertinent  provisions  and  will  promote  the  policy 
and  purposes  of  said  Title  of  said  Act;  and  do  hereby  order  that 
said  Supplementary  Code  of  Fair  Competition  be  and  it  is  hereby 
approved. 

Hugh  S.  Johnson, 
Adimnistrator  for  Industrial  Recovery, 

Approval  recommended : 
Barton  W.  Murray, 

Division  Adininistrator. 

Washington,  D.C, 

August  23,  1931^. 

(601) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir  :  This  is  a  report  on  the  Supplementary  Code  of  Fair  Compe- 
tition for  the  Pipe  Tool  Manufacturing  Industry,  a  division  of  the 
Fabricated  Metal  Products  Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Industry,  the  hearing  having  been  conducted  thereon 
in  Washington,  D.C.,  May  10,  1934,  in  accordance  with  the  pro- 
visions of  Title  I  of  the  National  Industrial  Recovery  Act. 

GENERAL  STATEJVIENT 

The  Pipe  Tool  Manufacturing  Industry,  being  truly  representa- 
tive of  this  division  of  the  Fabricated  Metal  Products  Manufactur- 
ing and  Metal  Finishing  and  Metal  Coating  Industry,  has  elected 
to  avail  itself  of  the  option  of  submitting  a  Supplementary  Code 
of  Fair  Competition,  as  provided  for  in  Section  1  of  Article  VI  of 
the  Basic  Code,  for  the  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Industry,  approved  by  you 
on  the  second  day  of  November,  1933. 

RESUME    OF   THE    CODE 

Article  I  states  the  purpose  of  the  Supplementary  Code. 

Article  II  accurately  defines  specific  terms  employed  in  the  Sup- 
plementary Code. 

Article  III.  This  Industry  is  a  division  of  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry  and  the  labor  provisions  of  its  Basic  Code,  as  approved 
November  2,  1933,  are  the  labor  provisions  of  this  Supplementary 
Code. 

Article  IV  establishes  a  Supplementary  Code  Authority  consist- 
ing of  five  (5)  members  to  be  elected  at  a  meeting  called  by  the 
Temporary  Supplementary  Code  Authority,  and  gives  the  Adminis- 
trator the  authority  to  appoint  one  additional  member  without  vote 
and  provides  machinery  for  obtaining  statistics  and  the  administra- 
tion of  the  Supplementary  Code. 

Article  V  provides  for  cost  finding  and  accounting. 

Article  VI  provides  for  open  price  filing. 

Article  VII  provides  means  for  preventing  destructive  price 
cutting. 

Article  VIII  sets  forth  the  unfair  trade  practices  of  this  Sup- 
plementary Code  which  have  been  especially  designed  to  offset  un- 
fair competition  in  this  division  of  the  Industry. 

Article  IX  sets  forth  that  no  provisions  of  this  Supplementary 
Code  relating  to  prices  or  terms  of  selling,  shipping  or  marketings 
shaU  apply  to  export  trade. 

(602) 


603 

Article  X  contains  the  mandatory  provisions  contained  in  Section 
10  (b)  of  the  Act  and  also  provides  for  the  submission  of  proposed 
amendments  to  the  Supplementary  Code. 

Article  XI  provides  against  monopolies  and  monopolistic  prac- 
tices. 

Article  XII  recognizes  that  price  increases  be  limited  to  actual 
additional  increases  in  the  seller's  costs. 

Article  XIII  states  the  effective  date  and  duration  of  this  Sup- 
plementary Code. 

FINDINGS 

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

I  find  that: 

(a)  Said  Supplementary^  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  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  organiza- 
tion of  industry  for  the  purposes  of  cooperative  action  among  the 
trade  groups,  by  inducing  and  maintaining  united  action  of  labor 
and  management  under  adequate  governmental  sanctions  and  super- 
vision, by  eliminating  unfair  competitive  practices,  by  promoting 
the  fullest  possible  utilization  of  the  present  productive  capacity 
of  industries,  by  avoiding  undue  restriction  of  production  (except 
as  may  be  temporarily  required),  by  increasing  the  consumption  of 
industrial  and  agricultural  products  through  increasing  purchasing 
power,  by  reducing  and  relieving  unemployment,  by  improving 
standards  of  labor,  and  by  otherwise  rehabilitating  industry. 

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

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

(d)  The  Supplementary  Code  is  not  designed  to  and  will  not  per- 
mit monopolies  or  monopolistic  practices. 

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

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

For  these  reasons,  therefore,  I  have  approved  this  Supplementary 
Code. 

Respectfully, 

Hugh  S.  Johnson, 

A  dTnimstrator. 
August  23,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  PIPE  TOOL  MANUFACTURING  INDUSTRY 

A   DIVISION   or   THE  FABRICATED   METAL   PRODUCTS    MANUFACTURING   AND 
METAL  FINISHING  AND  METAL  COATING  INDUSTRY 

Article  I — Purposes 

To  effectuate  the  policy  of  Title  I  of  the  National  Industrial  Re- 
covery Act,  the  following  provisions  are  established  as  a  Supple- 
mentary Code  of  Fair  Competition  for  the  Pipe  Tool  Manufacturing 
Industry,  pursuant  to  Article  VI  of  the  Basic  Code  of  Fair  Compe- 
tition for  the  Fabricated  Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Industry,  approved  by  the  President 
of  the  United  States  on  the  2nd  day  of  November,  1933,  and  the 
provisions  of  this  Supplementary  Code  shall  be  the  Standards  of 
Fair  Competition  of  such  Industry  and  shall  be  binding  on  every 
member  thereof. 

Article  II — Definitions 

Section  1.  The  term  "  Pipe  Tool  Manufacturing  Industry  *',  here- 
after referred  to  as  "  the  Industry  ",  is  defined  to  mean  the  manu- 
facture for  sale  of  Pipe  Tools  defined  as  Hand  Appliances  (except 
Pipe  Wrenches)  for  fabricating  pipe  systems,  such  as  Stocks  and 
Dies,  Pipe  Cutters,  Pipe  Burring  Reamers,  Pipe  Vises,  Pipe  Vise 
Stands,  Pipe  Vise  Posts  and  other  hand  appliances  used  for  the 
same  purpose  as  the  above  listed  appliances  are  used  for  fabricating 
pipe  systems. 

Section  2.  The  term  "  employee  "  as  used  herein,  includes  any  and 
all  persons  engaged  in  the  Industry  however  compensated,  except  a 
member  of  the  Industry. 

Section  3.  The  term  "  employer  "  as  used  herein,  includes  anyone 
by  whom  any  such  employee  is  compensated  or  employed. 

Section  4.  The  term  "  member  of  the  Industry  "  as  used  herein,  in- 
cludes, but  without  limitation,  any  individual,-  partnership,  associa- 
tion, corporation  or  other  form  of  enterprise  engaged  in  the  Industry 
either  as  an  employer  or  on  his  or  its  own  behalf. 

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

Section  6.  The  term  "  Basic  Code  ",  as  used  herein,  is  defined  to 
mean  the  Basic  Code  of  Fair  Competition  for  the  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing  and  Metal  Coating 
Industry,  as  approved  by  the  President  on  the  2nd  day  of  November, 
1933. 

Section  7.  The  term  "  Supplementary  Code  Authority  "  as  used 
lierein,  means  the  agency  which  is  to  administer  this  Supplementary 
Code  as  hereinafter  provided. 

(604) 


6C5 

Section  8.  The  term  "  Supplementary  Code  Committee  "  as  used 
herein  is  defined  to  mean  the  Board  of  Directors  of  the  Pipe  Tool 
JNIanufacturers  Association,  authorized  by  that  Association  to  present 
this  Supplementary  Code. 

Section  9.  The  term  "  Secretary  "  as  used  herein,  is  defined  to 
mean  the  Secretary  of  the  Supplemental'}^  Code  Authority. 

Section  10.  The  term  "  Confidential  Agent "  as  used  herein,  is 
defined  to  mean  the  impartial  agency  designated  by  the  Supple- 
mentary Code  Authority. 

Section  11.  The  term  "  Federation  '"  as  used  herein,  is  defined  to 
mean  Fabricated  Metal  Products  Federation  or  its  successor. 

Section  12.  The  term  "Association  ",  as  used  herein,  is  defined 
to  mean  the  Pipe  Tool  Manufacturers  Association  or  its  successor. 

Article  III — Employment  Provisions 

This  Industry  is  a  division  of  the  Fabricated  Metal  Products  Man- 
ufacturing and  Metal  Finishing  and  Metal  Coating  Industry  and 
without  limitation  the  wage,  hour  and  labor  provisions  in  Article 
III  of  its  Basic  Code  as  approved  by  the  President.  November  2, 
1933,  including  Section  1  of  said  Article  III,  by  which  the  provi- 
sions of  sub-sections  (1),  (2)  and  (3)  of  Section  7  (a)  of  Title  I 
of  the  Act  are  made  conditions  of  this  Code,  are  specifically  in- 
corporated herein  and  made  a  part  hereof  as  the  wage,  hour  and 
labor  provisions  of  this  Supplementary  Code. 

Article  IV — Organization  and  Administration 

Section  1.  During  the  period  not  to  exceed  sixty  (60)  days  fol- 
lowing the  effective  date  of  this  Supplementary  Code,  the  Supple- 
mentary Code  Committee  shall  constitute  a  Temporary  Supple- 
mentary Code  Authority,  until  the  Supplementary  Code  Authority 
is  elected. 

There  shall  be  constituted  within  the  sixty  (60)  day  period  a 
Supplementary  Code  Authority  consisting  of  five  (5)  members  of 
the  Industry,  to  be  elected  bj^  the  members  of  the  Industry,  at  a 
meeting  called  by  the  Temporary  Supplementary  Code  Authority, 
upon  ten  (10)  days'  notice  sent  by  registered  mail  to  all  members 
of  the  Industry,  whose  names  may  be  ascertained  after  diligent 
search,  who  may  vote  either  in  person  or  by  proxy.  The  members 
of  the  Supplementary  Code  Authority  first  elected  shall  serve  until 
the  next  succeeding  annual  meeting  of  the  Association  in  October, 
1935.  Thereafter,  members  of  the  Supplementary  Code  Authority 
shall  be  elected  at  a  meeting  of  the  members  of  the  Industry  to 
be  held  at  the  time  and  place  of  each  annual  meeting  of  the  Asso- 
ciation to  serve  until  the  following  annual  meeting,  due  notice  of 
the  time  and  place  of  the  election  to  be  sent  to  all  members  of 
the  Industry  whose  names  may  be  ascertained  after  diligent  search. 

The  members  of  the  Supplementary  Code  Authority  shall  be 
elected  in  the  following  manner : 

(a)  One  (1)  member  who  shall  be  a  member  of  the  Industry  by 
a  majority  vote  of  all  known  members  of  the  Industry  present  in 
person,  or  by  proxy,  each  member  to  have  one  vote. 


606 

(b)  One  (1)  member  of  the  Industry  who  is  not  a  member  of  the 
Association  may  be  elected  by  a  majority  vote  of  all  non-members 
of  the  Association  present,  in  person  or  by  proxy,  each  member  to 
have  one  vote. 

(c)  Three  (3)  members  by  a  fifty-one  percent  (51%)  vote  of 
members  of  the  Association  present,  in  person  or  b}''  proxy,  weighted 
on  the  basis  of  one  vote  for  each  member  and  one  additional  vote 
for  each  $5,000.00  of  annual  net  sales  in  the  previous  calendar  year 
reported  to  the  Supplementary  Code  Authority  or  any  agency 
designated  by  it  provided,  however,  that  no  one  member  may  cast 
more  than  twenty -five  percent  (25%)  of  the  total  number  of  votes 
cast. 

A  vacancy  in  the  membership  of  the  Supplementary  Code  Au- 
thority shall  be  filled  by  a  majority  vote  of  the  remaining  mem- 
bers of  the  Supplementary  Code  Authority,  provided,  however,  that 
the  vacancy  shall  be  filled  from  the  class  of  membership  in  the 
Supplementary  Code  Authority  in  which  such  vacancy  occurs. 

In  addition  thereto  the  Administrator  may  appoint  a  member  of 
the  Supplementary  Code  Authority  wdio  without  vote  shall  serve 
without  expense  to  the  Industry,  unless  the  Supplementary  Code 
Authority  agrees  to  pay  such  expense.  The  representative  who  may 
be  appointed  by  the  Administrator  shall  be  given  reasonable  notice 
of  and  may  sit  at  all  meetings  of  the  Supplementary  Code  Authority. 

Section  2.  Each  trade  association  directly  or  indirectly  partici- 
pating in  the  selection  or  activities  of  the  Supplementary  Code  Au- 
thority shall  (1)  impose  no  inequitable  restrictions  on  admission  to 
membership,  and  (2)  shall  use  due  diligence  in  submitting  to  the 
Administrator  true  copies  of  its  Articles  of  Association,  By-Laws, 
Regulations  and  any  amendments  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  3.  In  order  that  the  Supplementary  Code  Authority  shall 
at  all  times  be  truly  representative  of  the  Industry  and  in  other  re- 
spects 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  Supplementary  Code  Authority  is  not  truly 
representative  or  does  not  in  other  respects  comply  with  the  provi- 
sions of  the  Act,  may  require  an  appropriate  modification  of  the 
Supplementary  Code  Authority. 

Section  4.  It  being  found  necessary  in  order  to  support  the  ad- 
ministration of  this  Supplementary  Code  and  to  maintain  the  stand- 
ards 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  necessarj^  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  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  neces- 
sary to  support  such  budget  shall  be  contributed  by  members  of  the 
Industry. 


607 

(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. 

Each  member  of  the  Industry  shall  pay  his  or  its  equitable  contri- 
bution 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  administra- 
tion 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. 

The  Supplementary  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  aprovecl  budget  except  upon  the  ap- 
proval of  the  Administrator,  and  no  subsequent  budget  shall  con- 
tain any  deficiency  items  for  expenditures  in  excess  of  prior  budget 
estimates  except  those  which  the  Administrator  shall  have  so 
approved. 

SECTioisr  5.  The  Supplementary  Code  Authority  shall  have  all 
the  powers  and  duties  which  shall  be  necessary  and  proper  to  en- 
able it  to  fully  administer  this  Supplementary  Code  and  to  effectuate 
its  purposes.  Without  limitation  to  the  foregoing  or  any  other 
powers  or  duties  provided  for  in  this  Supplementary  Code,  the  Sup- 
plementary Code  Authority  shall  have  the  following  further  powers 
and  duties: 

(a)  To  adopt  By-Laws  and  Rules  and  Regulations  for  its  pro- 
cedure. 

(b)  To  obtain  from  members  of  the  Industry,  through  its  Con- 
fidential Agent,  such  information  and  reports  as  required  for  the 
administration  of  this  Supplementary  Code.  In  addition  to  infor- 
mation required  to  be  submitted  to  the  Supplementary  Code  Author- 
ity, the  members  of  the  Industry,  subject  to  this  Supjolementary  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  Supplementary  Code  shall  relieve  any  member 
of  the  Industry  of  any  existing  obligations  to  furnish  reports 
to  any  Government  agent.  No  individual  report  shall  be  disclosed 
to  any  other  members  of  the  Industry  or  any  other  party  except 
to  such  other  Governmental  agencies  as  may  be  directed  by  the 
Administrator. 

(c)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  carrying  out  any  of  its  activities  provided  for  herein, 
provided  that  nothing  herein  shall  relieve  the  Supplementary  Code 
Authority  of  its  duties  or  responsibilities  under  this  Supplementary 
Code  and  that  such  trade  associations  and  agencies  shall  at  all  times 
be  subject  to  and  comply  with  the  provisions  hereof. 

86360—34 29 


608 

(d)  To  make  recommendations  to  the  Administrator  for  the  co- 
ordination of  the  administration  of  this  Supplementary  Code  with 
such  other  codes,  if  any,  as  ma}"  be  related  to  or  affect  the  members 
of  this  Industry. 

(e)  To  appoint  a  trade  practice  committee  which  shall  meet  with 
the  trade  practice  committees  appointed  under  such  other  codes  as 
may  be  related  to  the  Industry  for  the  purpose  of  formulating  fair 
trade  practices  to  govern  the  relationships  between  production  and 
distribution  employers  under  this  Supplementary  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  recommend  to  the  Administrator  further  fair  practices 
provisions  to  govern  members  of  the  Industry  in  their  relations  with 
each  other  or  with  other  industries  and  to  recommend  to  the  Admin- 
istrator measures  for  industrial  planning,  including  stabilization  of 
employment. 

(g)  To  furnish  from  time  to  time  to  the  Basic  Code  Authority  des- 
ignated in  said  Basic  Code  such  information  as  may  be  required  to 
be  furnished  under  the  terms  of  the  Basic  Code. 

(h)  To  appoint  a  committee,  with  consumer  and  governmental 
representatives  designated  by  the  Administrator,  to  make  a  study  of 
dimensional  and  quality  standards  to  be  applied  to  the  products 
manufactured  by  this  Industry.  Such  committee  shall  report  within 
at  least  six  (6)  months  to  the  Supplementary  Code  Authority,  and 
if  the  recommendations  of  said  committee  are  approved  by  the  Sup- 
plementary Code  Authority  and  the  Administrator,  the  standards 
thus  established  shall  be  adhered  to  by  all  members  of  this  Industry 
in  manufacturing  the  products  of  this  Industry. 

Section  6,  Pursuant  to  the  provisions  of  the  Act  and  subject  to 
such  rules  and  regulations  as  the  Administrator  may  prescribe,  the 
Supplementary  Code  Authority  shall  have  the  power  to  investigate 
all  complaints  filed  with  it  by  one  member  of  the  Industry  against 
another  member  of  the  Industry.  In  the  event  of  complaint  being 
registered  with  the  Supplementary  Code  Authority  against  any  cor- 
porate member  of  the  Industry,  alleging  a  violation  of  this  Supple- 
mentary Code,  the  Supplementary  Code  Authority  may  cause  an  in- 
vestigation to  be  made  by  a  person  mutually  agreed  upon  by  the 
Supplementary  Code  Authority  and  the  member  of  the  Industry 
against  whom  the  complaint  is  filed,  or,  if  they  are  unable  to  agree 
within  a  reasonable  time,  by  a  disinterested  person  appointed  by  the 
Administrator.  The  Supplementary  Code  Authority  may  require 
the  member  complained  again,st  to  file  with  such  investigator,  within 
such  reasonable  time  after  receipt  of  a  copy  of  the  complaint,  if 
the  Supplementary  Code  Authority  shall  determine,  an  answer  to 
such  complaint  accompanied  by  supporting  data.  Both  answer  and 
data  shall  be  verified  by  affidavit.  The  investigator  shall  examine  so 
much  of  the  pertinent  books  and  records  of  such  member  as  may  be 
required  to  verify  the  statements  contained  in  ,said  answer  and/or  the 
accuracy^  of  the  data  supporting  such  statements.  If  the  matter  can- 
not thereafter  be  satisfactorily  adjusted  within  the  Industry,  the 
facts  may  be  placed  before  the  Basic  Code  Authority  to  be  presented 


609 

to  the  Administrator  for  such  procedure  as  he  may  deem  advisable 
under  the  xA.ct. 

Section  T.  All  individual  and  private  information  received  by 
the  Confidential  Agent,  appointee  or  agency,  from  reports,  or  as  a 
result  of  investigation,  shall  be  held  in  strict  confidence  and  not 
disclosed,  except  in  composite  form,  to  an}^  competitor  or  other  per- 
sons, without  the  permission  of  the  member  of  the  Industry  involved. 

Section  8.  To  the  extent  permitted  by  the  Act  and  subject  to  such 
rules  and  regulations  as  the  Administrator  may  prescribe,  any  or  all 
information  furnished  to  the  Supplementary  Code  Authority  by  any 
member  of  this  Industry  pursuant  to  the  provisions  of  this  Supple- 
mentary Code  shall  be  subject  to  verification  by  an  impartial  agency 
agreed  u]:)on  by  the  Supplementary  Code  xA^uthority  and  the  member 
of  the  Industry  in  question,  and.  failing  such  agreement,  such  impar- 
tial agencj'-  shall  be  selected  by  the  Administrator,  which  impartial 
agency  may  check  so  much  of  the  pertinent  books,  accounts  and 
records  of  such  members  of  the  Industry  as  may  be  required  to 
verify  the  accuracy  of  the  information  so  furnished. 

Section  9.  Nothing  contained  in  this  Supplementary  Code  shall 
constitute  the  members  of  the  Supplementary  Code  Authority  part- 
ners for  any  purpose.  Nor  shall  any  member  of  the  Supplementary 
Code  Authority  be  liable  in  an}^  manner  to  anyone  for  any  act  of  any 
other  member,  officer,  agent  or  employee  of  the  Supplementary  Code 
Authority.  Nor  shall  any  member  of  the  Supplementary  Code 
Authority,  exercising  reasonable  diligence  in  the  conduct  of  his 
duties  hereunder,  be  liable  to  anyone  for  any  action  or  omission  to 
act  under  this  Supplementary  Code,  except  for  his  own  willful 
malfeasance  or  nonfeasance. 

Section  10.  Every  employer  shall  provide  for  the  safety  and  health 
of  employees  during  the  hours  and  at  the  places  of  their  employ- 
ment. Standards  for  safety  and  health  shall  be  submitted  by  the 
Supplementary  Code  Authority  to  the  Administrator  within  three 
(3)  months  after  the  effective  date  of  the  Supplementary  Code. 

Section  11.  If  the  Administrator  believes  that  any  action  of  the 
Supplementary  Code  Authority  or  any  agency  thereof  is  unfair  or 
unjust  or  contrary  to  the  public  interest,  the  Administrator  may 
require  that  such  action  be  suspended  to  afford  an  opportunity  for 
investigation  of  the  merits  of  such  action.  Further  action  by  such 
Supplementary  Code  Authority  or  agency  regarding  the  matter 
complained  of  may  be  taken  if  approved  by  the  Administrator,  but 
shall  not  be  taken  if  disapproved  by  the  Administrator  within  thirty 
(30)  days  of  notice  to  him  of  intention  to  proceed  with  such  action. 

Article  V — Cost  Finding  and  Accounting 

The  Supplementary  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 
this  Industry.  Thereafter,  each  member  of  this  Industry  shall 
utilize  such  methods  to  the  extent  found  practicable.  Nothing  herein 
contained   shall   be   construed  to  permit  the   Supplementary   Code 


610 

Authority,  any  agent  thereof,  or  any  member  of  this  Industry  to 
suggest  uniform  additions,  percentages,  or  differentials  or  other 
uniform  items  of  cost  whicli  are  designed  to  bring  about  arbitrary 
uniformity  of  costs  or  prices. 

Article  VI — Open  Price  Filing 

Section  1.  Each  member  of  this  Industry  shall  file  with  a  con- 
fidential and  disinterested  agent  of  the  Supplementary  Code 
Authority  or,  if  none,  then  with  such  an  agent  designated  by  the 
Administrator,  identified  lists  of  all  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  com- 
pletely 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  this  Industry  as  are  sold 
or  offered  for  sale  by  said  member  of  this  Industry  and  for  such  non- 
standard products  of  said  member  of  this  Industry  as  shall  be  desig- 
nated by  the  Supplementary  Code  Authority.  Said  price  terms 
shall  in  the  first  instance  be  filed  within  10  days  after  the  date  of 
approval  of  this  Supplementary  Code.  Price  terms  and  revised 
price  terms  shall  become  effective  immediately  upon  receipt  thereof 
by  said  Agent.  Immediately  upon  receipt  thereof,  said  Agent  shall 
by  telegraph  or  other  equally  prompt  means  notify  said  member  of 
the  time  of  such  receipt.  Such  lists  and  revisions,  together  with  the 
effective  time  thereof,  shall  upon  receipt  be  immediately  and  simul- 
taneously distributed  to  all  members  of  this  Industry  and  to  all  of 
their  customers  who  have  applied  therefor  and  have  offered  to  clef  ray 
the  cost  actually  incurred  by  the  Supplementary  Code  Authority  in 
the  preparation  and  distribution  thereof  and  be  available  for  inspec- 
tion by  any  of  their  customers  at  the  office  of  said  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  not  be  released  until  the  expiration  of  the  aforesaid  10  day 
period  after  the  approval  of  this  Supplementary  Code.  The  Sup- 
plementary 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  Supplementary  Code  Authority  shall  furnish  to 
the  Administrator  or  any  duly  designated  Agent  of  the  Adminis- 
trator copies  of  any  such  lists  or  revisions  of  price  terms. 

Section  2.  When  any  member  of  this  Industry  has  filed  any 
revision  such  member  of  this  Industry  shall  not  file  a  higher  price 
within  48  hours. 

Section  3.  No  member  of  this  Industry  shall  sell  or  offer  to  sell 
any  products  of  the  Industry,  for  which  price  terms  have  been  filed 
pursuant  to  the  provisions  of  this  Article,  except  in  accordance  with 
such  price  terms. 

Section  4.  Each  member  of  this  Industry  shall  furnish  the  said 
Agent  for  distribution  with  such  number  of  copies  of  his  price  list  as 
the  Supplementary  Code  Authority  may  prescribe. 


611 

Section  5.  No  member  of  this  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  this  In- 
dustry 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  6.  Nothing  in  Article  VI  of  this  Supplementary  Code 
shall  appl}'^  to  sales  to  employees  for  their  own  use  or  between  mem- 
bers of  the  Industry,  provided  that  such  sales  shall  not  be  below 
cost;  and  provided  further  that  resale  of  such  products  by  the  pur- 
chasing members  of  the  Industiy  shall  be  in  accord  with  the  provi- 
sions of  this  Supplementary  Code. 

Article  VII — Costs  and  Price  Cutting 

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

(a)  "Wilfully  destructive  price  cutting  is  an  unfair  method  of 
competition  and  is  forbidden.  Any  member  of  this  Industry  or 
of  any  other  Industry  or  the  customers  of  either  may  at  any  time 
complain  to  the  Supplementary  Code  Authority  that  any  filed  price 
constitutes  unfair  competition  as  destructive  price  cutting,  imperil- 
ing small  enterprises  or  tending  toward  monopoly  or  the  impair- 
ment of  code  wages  and  working  conditions.  The  Supplementary 
Code  Authority  shall  within  5  days  afford  an  opportunity  to  the 
member  filing  the  price  to  answer  such  complaint  and  shall  within 
14  days  make  a  ruling  or  adjustment  thereon.  If  such  ruling  is  not 
concurred  in  by  either  party  to  the  complaint,  all  papers  shall  be 
referred  to  the  Research  and  Planning  Division  of  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  sound  cost  estimating  methods  should  be  used  and  that  con- 
sideration should  be  given  to  costs  in  the  determination  of  pricing 
policies. 

(c)  When  an  emergency  exists  as  to  any  given  product,  sale  be- 
low the  stated  minimum  price  of  such  products,  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  emergencj'- 
has  arisen  within  this  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  this  Industry  for  a  limited  period  is  necessary 
to  mitigate  the  conditions  constituting  such  emergency  and  to  effec- 
tuate the  purposes  of  the  Act;  the  Supplementary  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  products  affected  by  the  emergency  and  thereupon  the  Admin- 
istrator 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 


612 

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  this  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  Supplementary  Code  Author- 
ity may  recommend  review  or  reconsideration  or  the  Administrator 
may  cause  any  determination  hereunder  to  be  reviewed  or  recon- 
sidered and  appropriate  action  taken. 

Article  VIII — Unfair  Trade  Practices 

In  addition  to  the  Unfair  Trade  Practices  covered  in  Article  V 
of  the  Basic  Code,  except  Sections  A,  B  and  F  thereof,  w^hich  are 
made  a  part  hereof  the  same  as  though  repeated  and  set  forth  at 
length  for  all  purposes  of  this  Supplementary  Code,  the  following 
described  acts  shall  constitute  unfair  practices.  Any  member  of  the 
Industry  who  shall  use  or  employ  any  of  such  unfair  practices 
shall  be  guilty  of  a  violation  of  this  Supplementary  Code : 

Rule  1.  Secret  Rebates. — No  member  of  the  Industry  shall 
secretly  offer  or  make  any  payment  or  allowance  of  a  rebate,  refund, 
commission,  credit,  unearned  discount  or  excess  allowance,  whether 
in  the  form  of  money  or  otherwise,  nor  shall  a  member  of  the  In- 
dustry secretly  offer  or  extend  to  any  customer  any  s^^ecial  service 
or  privilege  not  extended  to  all  customers  of  the  same  class,  for  the 
purpose  of  influencing  a  sale. 

Rule  2.  No  member  of  the  Industry  shall  withhold  from,  or 
insert  in  any  invoice  a  false  record  wholly  or  in  part  of  the  trans- 
action represented  on  the  face  thereof. 

Rule  3.  No  member  of  the  Industry  shall  permit  the  splitting  of 
commissions  or  other  compensation  for  the  sale  of  any  product  of 
the  Industry  received  by  his  employee  or  agent  with  the  buyer,  or 
his  agent  for  the  purpose  of  influencing  a  sale. 

Rule  4.  No  member  of  the  Industry  shall  offer  or  give  prizes, 
premiums  or  gifts  to  purchasers  or  their  agents  in  connection  with 
the  sale  of  products  of  the  Industry  or  as  an  inducement  thereto  in 
any  manner  which  involves  commercial  bribery  in  any  form. 

Rule  5.  No  member  of  the  Industry  shall  give  any  allowance  for 
used  products  of  the  Industry  unless  sold  with  the  privilege  of 
return.  Nothing  contained  in  this  Rule  shall  be  construed  to  prohibit 
a  member  of  the  Industry  from  allowing  credit  for  or  making  free 
replacement  of  any  products  of  his  own  manufacture  because  of 
errors  in  shipment  or  which  are  defective  either  as  to  material  or 
workmanship. 

Rule  6.  No  member  of  the  Industry  shall  give  catalog  allowances 
to  distributors  or  those  persons  publishing  for  them.  Nothing  con- 
tained in  this  Rule  shall  be  construed  to  prohibit  legitimate  and  bona 
fide  advertising  allowances. 

Rule  7.  No  member  of  the  Industry  shall  guarantee  prices  against 
decline  beyond  date  of  shipment  nor  accept  orders  at  old  prices  after 
the  effective  date  of  any  change  in  price. 


613 

Rule  8.  No  member  of  the  Industry  shall  accept  orders  for  future 
delivery  unless  the  terms  of  sale  as  to  price,  specifications  and  de- 
livery are  definitely  stated. 

Rule  9.  No  member  of  the  Industry  shall  fail  to  brand  the  prod- 
ucts of  the  Industry  manufactured  by  him  with  his  trade-mark,  trade 
name  or  some  other  mark  of  identification. 

Rule  10.  No  member  of  the  Industry  shall  accept  return  of  mer- 
chantable surplus  goods  except  for  merchandise  credit  only,  such 
credit  to  be  subject  to  deductions  for  transportation  costs,  for  any 
necessary  refinishing,  and  a  charge  for  handling. 

Rule  11.  No  member  of  the  Industry  shall  grant  any  more  favor- 
able terms  of  payment  than  60  days  net  from  date  of  shipment  or 
2%  for  cash,  on  the  tenth  day  of  the  month  for  shipments  made 
during  the  preceding  month. 

Rule  12.  No  member  of  the  Industry  shall  ship  goods  on  consign- 
ment except  under  circumstances  to  be  defined  by  the  Supplementary 
Code  Authority  and  approved  by  the  x4.dministrator  where  peculiar 
circumstances  of  the  trade  or  industry  require  the  practice. 

Article  IX — Export  Trade 

No  provision  of  this  Supplementary  Code  relating  to  prices  or 
terms  of  selling,  shipping  or  marketing,  shall  apply  to  export  trade 
or  sales  or  shipments  for  export  trade.  "  Export  Trade  "  shall  be  as 
defined  in  the  Export  Trade  Act  adopted  April  10,  1918. 

Article  X — Modifications 

Section  1.  As  provided  in  Section  10  (b)  of  the  Act,  the  President 
may  from  time  to  time  cancel  or  modify  any  order,  approval,  license, 
rule  or  regulation  issued  under  Title  I  of  the  Act. 

Section  2.  This  Supplementary  Code,  except  as  to  provisions  re- 
quired by  the  Act,  may  be  modified  and/or  amended  on  the  basis  of 
experience  or  changes  in  circumstances,  such  modifications  and/or 
amendments  to  be  based  upon  application  by  the  Supplementary  Code 
Authority  or  other  representative  group  within  the  Industry  to  the 
Administrator  and  such  notice  and  hearing  as  he  shall  specify  and 
to  become  effective  as  part  of  this  Supplementary  Code  on  the  ap- 
proval by  the  President. 

Article  XI — IMonopoly 

No  provision  of  this  Supplementary  Code  shall  be  so  applied  as 
to  permit  monopolies  or  monopolistic  practices,  or  to  eliminate, 
oppress  or  discriminate  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. 


614 

Article  XIII — Effective  Date  and  Duration 

This  Supplementary  Code  shall  become  effective  at  12 :  01  o'clock 
A.M.,  Eastern  Standard  Time  on  the  tenth  day  after  it  is  approved 
by  the  President  and  shall  continue  in  effect  until  June  16,  1935, 
or  the  earliest  date  prior  thereto  on  which  the  President  shall,  by 
proclamation,  or  the  Congress  shall,  by  joint  resolution,  declare  that 
the  emergency  recognized  by  Section  1  of  the  National  Industrial 
Recovery  Act  has  ended. 

Approved  Code  No.  84 — Supplement  No.  47. 
Registry  No,  1149-30. 


Approved  Code  No.  201 — Supplement  No.  23 
SUPPLEMENTARY  CODE   OF   FAIR  COMPETITION 

FOR  THE 

WHOLESALE  EMBROIDERY  TRADE 

As  Approved  on  Auust  24,  1934 


ORDER 


Approving   Supplementary   Code  of  Fair   Competition   for   the 
Wholesale  Embroidery  Trade 

A  division  of  the  wholesaling  or  distributing  trade 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  the  approval  of  a  Supple- 
mental Code  of  Fair  Competition  for  the  Wholesale  Embroidery 
Trade  to  the  Code  of  Fair  Competition  for  the  Wholesaling  or  Dis- 
tributing Trade,  and  hearings  having  been  duly  held  thereon  and 
the  annexed  report  on  said  Code,  containing  findings  with  respect 
thereto,  having  been  made  and  directed  to  the  President: 

NOW,  THEREFORE,  on  behalf  of  the  President  of  the  United 
States,  I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery, 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President,  including  Executive  Order  No.  6543~A,  dated  December 
30,  1933,  and  otherwise;  do  hereby  incorporate  by  reference  said 
annexed  report  and  do  find  that  said  Supplemental  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  Supplemental  Code  of  Fair  Competition  be  and  it  is  hereby 
approved. 

Hugh  S.  Johnson, 
AdTTiinistrator  for  Industrial  Recovery. 

Approval  recommended : 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  ^4,  lOSJf.. 

(615) 


REPORT  TO  THE  PRESIDENT 

The  President, 

The  White  House. 
Sir:  This  is  a  report  of  the  Hearing  on  the  Supplemental  Code 
of  Fair  Competition  for  the  Wholesale  Embroidery  Trade  conducted 
in  the  Green  Room  of  the  Raleigh  Hotel  on  Saturday,  May  5,  1934. 
The  Supplemental  Code  which  is  attached  was  presented  by  a  duly 
qualified  and  authorized  representative  of  the  Trade  complying  with 
the  statutory  requirements. 

TPIE    TRADE 

According  to  statistics  furnished  by  members  of  the  Wholesale 
Embroidery  Trade,  it  is  estimated  that  there  are  approximately  sev- 
enty-five (75)  concerns  with  aggregate  annual  sales  of  approximately 
$7,000,000.  These  concerns  employ  approximately  four  hundred 
(400)  persons.  According  to  the  statements  of  the  Industry,  em- 
ployment has  not  been  reduced  since  1929. 

PROVISIONS  or   THE    CODE 

Since  this  Code  is  si^pplemental  to  the  Code  of  Fair  Competition 
for  the  Wholesaling  or  Distributing  Trade,  it  contains  no  labor  pro- 
visions. 

The  provisions  containing  supplemental  definitions  are  considered 
inclusive  and  accurate. 

The  supplement  to  the  Administrative  provisions  of  the  General 
Code  establishes  a  Divisional  Code  Authority  which  is  fairly  and 
adequately  representative  of  all  the  different  elements  in  the  Trade. 

The  Trade  Practices  proposed  are  not  considered  in  any  way 
objectionable. 

FINDINGS 

The  Deputy  Administrator  in  his  final  report  to  me  on  said  Sup- 
plemental Code  having  found  as  herein  set  forth  and  on  the  basis 
of  all  the  proceedings  in  this  matter ; 

I  find  that : 

(a)  Said  Supplemental  Code  is  well  designed  to  promote  the 
policies  and  purposes  of  Title  I  of  the  National  Industrial  Recovery 
Act,  including  removal  of  obstructions  to  the  free  flow  of  interstate 
and  foreign  commerce  which  tend  to  diminish  the  amount  thereof, 
and  will  provide  for  the  general  welfare  by  promoting  the  organ- 
ization of  trade  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 

(616) 


617 

possible  use  of  the  present  productive  capacity  of  industries,  by 
avoiding  undue  restriction  of  ]3roduction  (except  as  may  be  tempo- 
rarily required),  by  increasing  the  consumption  of  industrial  and 
agricultural  products  through  increasing  purchasing  power,  by 
reducing  and  relieving  unemployment,  by  improving  standards  of 
labor,  and  by  otherwise  rehabilitating  industry. 

(b)  Said  Trade  normally  emploj^s  not  more  than  50.000  employees 
and  it  is  not  classified  by  me  as  a  major  industry. 

(c)  The  Supplemental  Code  as  approved  complies  in  all  respects 
with  the  pertinent  provisions  of  said  Title  of  said  Act,  including 
without  limitation  Subsection  (a)  of  Section  3,  Subsection  (a)  of 
Section  7  and  Subsection  (b)  of  Section  10  thereof;  and  that  the 
applicant  association  is  a  trade  association  truly  representative  of 
the  aforesaid  Trade ;  and  that  said  association  imposes  no  inequitable 
restrictions  on  admission  to  membership  therein. 

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

(e)  The  Supplemental  Code  is  not  designed  to  and  will  not  elimi- 
nate or  opjDress  small  enterprises  and  will  not  operate  to  discriminate 
against  them. 

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

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

Hugh  S.  Johnson, 

A  d'min  fstrator. 
August  24,  1934. 


SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR 
THE  WHOLESALE  EMBROIDERY  TRADE,  A  DIVISION 
OF  THE  WHOLESALING  OR  DISTRIBUTING  TRADE 

Article  I — Purposes 

To  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recovery  Act,  this  Supplemental  Code  is  established  as  a  Code  of 
Fair  Competition  for  the  Wholesale  Embroidery  Trade,  pursuant  to 
Article  VI,  Section  1  (c)  of  the  General  Code  of  Fair  Competition 
for  the  Wholesaling  or  Distributing  Trade  approved  by  the  President 
of  the  United  States  on  January  12,  1934.  All  provisions  of  the 
General  Code  which  are  not  in  conflict  with  the  provisions  of  the 
Supplemental  Code  are  hereby  specifically  incorporated  by  reference 
in  this  Supplemental  Code  and  made  part  hereof.  Such  provisions 
of  the  General  Code,  together  with  the  provisions  of  the  Supple- 
mental Code,  are  the  standards  of  fair  competition  for,  and  are  bind- 
ing upon  every  member  of  the  said  Wholesale  Embroidery  Trade. 

Article  II — Definitions 

SUPPLEMENTING  ARTICLE  II  OF  THE  GENERAL  CODE 

Section  1.  The  term  "  embroidery  merchant "  or  "  member  of  the 
Trade  "  as  used  herein,  is  defined  to  mean  any  individual,  partner- 
ship, association,  corporation  or  other  form  of  enterprise  or  definitely 
organized  division  thereof,  other  than  a  manufacturer,  which  sells  to 
retailers  and/or  to  institutions,  commercial  and/or  industrial  users, 
the  products  of  the  Schiffli  and  other  embroidery  machines  except 
Bonnaz.  Any  person  who  sells  to  institutional,  commercial  and/or 
industrial  users  for  resale  to  the  ultimate  consumer,  or  in  significant 
amounts  to  ultimate  consumers,  shall  be  considered  a  wholesaler  only 
to  tlie  extent  of  that  part  of  his  business  which  fulfills  the  qualifica- 
tions stated  in  the  preceding  sentence.  It  is  the  character  of  a  con- 
cern's selling  rather  than  the  character  of  its  buying  which  distin- 
guishes it  as  a  wholesaler. 

Section  2,  The  term  "  the  Trade  "  as  used  herein  is  defined  to  mean 
the  business  in  which  embroidery  merchants  are  engaged. 

Section  3.  The  term  "  Association  "  as  used  herein  is  defined  to 
mean  the  Embroidery  Merchants  Association,  Incorporated. 

Section  4.  The  term  "  Divisional  Code  Authority  "  as  used  herein 
is  defined  to  mean  the  Divisional  Code  x\uthority  for  the  Wholesale 
Embroidery  Trade,  a  division  of  the  Wholesaling  or  Distributing 
Trade. 

Section  5.  The  term  "  General  Code  "  as  used  herein  is  defined  to 
mean  the  Code  of  Fair  Competition  for  the  Wholesaling  or  Dis- 
tributing Trade. 

(618) 


619 

Section  6.  The  term  "  consignment "  as  used  herein  shall  include 
the  delivery  by  any  embroidery  merchant  as  agent,  purchaser,  or 
otherwise,  under  any  agreement  or  understanding,  expressed  or  im- 
plied, pursuant  to  which  the  seller  retains  any  lien  upon  or  title  to 
or  interest  in  the  goods  delivered,  or  pursuant  to  which  the  customer 
may  at  his  option  return  any  of  the  goods  or  claim  any  credits  with 
respect  thereto. 

Article  III — Administration 

SUPPLEJIENTING  ARTICLE  Yl,   OF  THE   GENERAL  CODE 

Section  1,  The  Divisional  Code  Authority  for  the  Wholesale  Em- 
broidery Trade  shall  be  composed  of  five  (5)  representatives  of  such 
Trade,  four  (4)  of  whom  shall  be  selected  from  the  Association  in 
accordance  w^ith  a  plan  to  be  approved  by  the  Administrator,  and 
one  (1)  to  be  appointed  by  the  Administrator  from  members  of  the 
Trade  who  are  not  members  of  said  Association. 

Section  2.  The  Divisional  Code  Authority  shall  have  the  follow- 
ing duties  and  powers  in  addition  to  those  prescribed  in  the  General 
Code,  subject  to  such  rules  and  regulations  as  may  be  prescribed  by 
the  Administrator : 

(a)  To  organize,  elect  officers,  hire  employees,  and  perform  such 
other  acts  as  may  be  necessary  for  the  proper  administration  of  this 
Supplemental  Code. 

(b)  To  adopt  by-laws,  rules  and  regulations  for  procedure. 

(c)  To  use  such  trade  associations  and  other  agencies  as  it  deems 
proper  for  the  carrying  out  of  any  of  its  activities,  provided  that 
nothing  herein  shall  relieve  the  Divisional  Code  Authority  of  its 
duties  or  responsibilities  under  this  Supplemental  Code,  and  that 
such  trade  associations  and  agencies  shall  at  all  times  be  subject  to 
and  comply  with  the  provisions  hereof. 

(d)  To  appoint  a  Trade  Practice  Committee,  which  shall  meet 
with  the  trade  practice  committees  appointed  under  such  other 
Codes  of  Fair  Competition  as  may  be  related  to  the  Trade,  except 
such  other  Supplemental  Codes  of  Fair  Competition  to  the  General 
Code,  for  the  purpose  of  formulating  fair  trade  practices  to  govern 
the  relationship  between  production  and  distribution  employers  un- 
der this  Supplemental  Code  and  under  such  others,  to  the  end  that 
such  fair  trade  practices  may  be  proposed  to  the  Administrator,  as 
an  amendment  to  this  Supplemental  Code  and  such  other  Codes. 

(e)  To  obtain  from  members  of  the  Trade  such  information  and 
reports  as  are  required  for  the  administration  of  this  Supplemental 
Code.  In  addition  to  information  required  tq  be  submitted  to  the 
General  Code  Authority  and  to  the  Divisional  Code  Authority, 
members  of  the  Trade  subject  to  this  Supplemental  Code  shall  fur- 
nish 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  Supplemental  Code  shall  relieve  any  member  of  the 
Trade  of  any  existing  obligations  to  furnish  reports  to  any  govern- 
mental agency.  No  individual  report  shall  be  disclosed  to  any  other 
member  of  the  Trade  or  any  other  party  except  to  such  other  gov- 
ernmental agencies  as  may  be  directed  by  the  Administrator. 


620 

(f)  It  beiiii;  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 
Trade ; 

(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  Trade,  and  to 
that  end,  if  necessary,  to  institute  legal  proceedings  therefor  in  its 
own  name. 

(g)  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  re- 
ceive the  benefits  of  any  voluntary  activities  or  to  make  use  of  any 
emblem  or  insignia  of  the  National  Recovery  Administration. 

(h)  The  Code  Authority  shall  neither  incur  nor  pay  any  obliga- 
tion in  excess  of  the  amount  thereof  as  estimated  in  its  approved 
budget,  except  upon  approval  of  the  Administrator;  and  no  subse- 
quent budget  shall  contain  any  deficiency  item  for  expenditures  in 
excess  of  prior  budget  estimates  except  those  which  the  Administra- 
tor shall  have  so  approved. 

Section  3.  Nothing  contained  in  this  Supplemental  Code  shall 
constitute  the  members  of  the  Divisional  Code  Authority  partners 
for  any  purpose  nor  shall  any  member  of  the  Divisional  Code  Au- 
thority be  liable  in  any  manner  to  anyone  for  any  act  of  any  other 
member,  officer,  agent,  or  employee  of  the  Divisional  Code  Authority. 
Nor  shall  any  member  of  the  Divisional  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  Supplemental 
Code,  except  for  his  own  willful  malfeasance  or  non-feasance. 

Section  4.  If  the  Administrator  shall  determine  that  any  action 
of  the  Divisional  Code  Authority  or  any  agency  thereof  may  be 
unfair  or  unjust  or  contrary  to  the  public  interest,  the  Administrator 
may  require  that  such  action  be  suspended  to  afford  an  opportunity 
for  investigation  of  the  merits  of  such  action  and  for  further  con- 
sideration by  such  Divisional  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. 


621 

Section  5.  The  Divisional  Code  Authority  shall  ]iave  the  power 
to  devise  and  set  up  a  design  registration  service  for  the  embroidery 
merchants,  including  branches  where  necessary,  and  to  adopt  such 
rules  and  regulations,  with  the  approval  oi"  the  Administrator,  as 
may  be  necessary  to  carry  out  the  provisions  of  Article  IV,  Section  5 
hereof. 

Article  IV — Trade  Practices 

SUPPLEMEKTING  ARTICLE  \TI   OF  THE  GENERAL  CODE 

The  following  practices  constitute  unfair  methods  of  competition 
and  the  act  of  any  member  of  the  Trade,  directly  or  indirectly, 
through  an  officer,  employee,  agent  or  representative,  knowingly  us- 
ing, employing  or  permitting  to  be  employed  any  such  unfair  prac- 
tices, shall  constitute  a  violation  of  this  Supplemental  Code: 

Section  1.  To  deliver  merchandise  to  any  customer  beyond  the 
metropolitan  area  of  a  city  within  which  the  member  of  the  Trade  is 
located,  unless  such  merchandise  shall  be  shipped  f.o.b.  seller's  ware- 
house. The  Divisional  Code  Authority  is  empowered  to  define  the 
term  "  metropolitan  area "  subject  to  the  approval  of  the 
Administrator, 

Section  2.  To  sell  or  place  merchandise  on  consignment  except 
when  permitted  b}^  the  Divisional  Code  Authority  in  cases  where  a 
member  of  the  Trade  shall  certify  by  registered  mail  that  damaged 
goods  must  be  disposed  of  by  the  consignment  method.  The  Divi- 
sional Code  Authority  shall  act  upon  such  certification  within  one 
(1)  week  after  its  receipt,  and  shall  approve  the  sale  unless  it  finds 
that  there  is  in  fact  no  necessity  for  the  disposal  of  such  damaged 
goods  or  that  the  goods  are  not  in  fact  damaged  goods.  If  the  Divi- 
sional Code  Authority  shall  not  approve  the  sale  it  shall  at  once 
notify  the  member  of  the  Trade  of  its  action  and  shall  also  notify 
the  Administrator,  who  may  prohibit  the  sale.  If  the  proposed 
consignment  sale  is  not  prohibited  by  the  Administrator  within  ten 
(10)  days  after  the  receipt  of  notice  from  the  Divisional  Code 
Authority,  the  member  of  the  Trade  shall  have  the  right,  at  the 
expiration  of  said  ten  (10)  day  period,  to  proceed  to  sell  or  place 
the  damaged  goods  on  consignment. 

Section  3.  To  ship  sample  pieces  on  memorandum,  except  under 
the  following  terms  and  conditions :  Such  shipment  not  to  contain 
more  than  one  piece  of  any  one  j^attern  of  one  color  and  not  to  be  for 
a  period  of  more  than  ten  (10)  days  and  with  the  understanding  and 
declaration  that  in  the  event  such  goods  are  not  returned  within  ten 
(10)  days  they  are  to  be  charged  as  of  the  date  of  shipment. 

Section  4.  To  grant  terms  or  cash  discounts  greater  than  those 
established  herein : 

(a)  Either  eight  per  cent  (8%)  ten  (10)  days  at  E.O.M.,  or  six 
per  cent  (6%)  ten  (10)  clays,  sixty  (CO)  days  extra,  on  trimmings 
and  neckwear;  and  three  per  cent  (3%)  ten  (10)  days  or  two  per 
cent  (2%)  ten  (10)  days,  E.O.M.,  sixty  (60)  days  extra,  on  all  em- 
broideries.   No  additional  dating  shall  be  given  on  any  bills. 

(b)  These  terms  shall  include  no  greater  discoimt  than  those  above 
mentioned,  except,  however,  that  where  paj^ment  is  made  on  the  basis 
of  ten  (10)  days  E.O.M.,  it  shall  be  permissible  to  grant  dating  as 


622 

of  the  first  (1st)  of  the  following  month  on  shipments  made  on  and 
after  the  twenty-fifth  (25th)  of  the  month. 

(c)  Anticipation  of  the  payments  may  be  allowed  at  a  rate  of  not 
more  than  six  per  cent  (6%)  per  annum,  or  the  legal  rate,  whichever 
is  lower. 

Section  5.  To  make  or  cause  to  be  made  a  "  colorable  imitation  " 
of  an  original  design  of  any  other  embroidery  merchant. 

Article  V — Modification 

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

Article  VI — Effective  Date 

This  Supplemental  Code  shall  become  effective  on  the  tenth  (lOth) 
day  after  its  approval  by  the  Administrator. 

Approved  Code  No.  201 — Supplement  No    23. 
Registry  No.  231-11. 


EXECUTIVE  ORDERS 


86360-34 30 


623 


EXECUTIVE  ORDER 

Extension   of   the  President's  Reemployment  Agreement  to 

April  30,  1934 

I,  Franklin  D.  Roosevelt,  President  of  the  United  States,  pursuant 
to  the  authority  vested  in  me  by  title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  and  otherwise,  do  hereby 
provide  as  follows  and  do  hereby  prescribe  the  rules  and  regulations 
hereinafter  set  forth  which  I  deem  necessary  for  carrying  out  the 
purposes  of  title  I  of  said  act: 

I  hereby  offer  to  enter  into  the  President's  Reemployment  Agree- 
ment with  every  employer,  insofar  as  he  is  not  covered  by  an  approved 
code  of  fair  competition,  for  a  further  period  of  4  months  from  January 
1,  1934,  to  April  30,  1934,  or  to  any  earlier  date  of  approval  of  a  code 
of  fair  competition  to  which  he  is  subject. 

Employers  who  shall  have  already  signed  the  President's  Reemploy- 
ment Agreement  before  January  1,  1934,  may  accept  tliis  offer  of 
extension  by  display  of  the  Blue  Eagle  on  or  after  January  1,  1934. 
Employers  who  shall  not  have  signed  the  President's  Reemployment 
Agreement  before  January  1,  1934,  may  accept  this  offer  of  extension 
by  signing  the  President's  Reemployment  Agreement. 

All  substitutions  and  exemptions  approved,  and  all  exceptions 
granted  to  particular  employers,  before  January  1,  1934,  will  apply  to 
the  President's  Reemployment  Agreement  as  so  extended. 

Display  of  the  Blue  Eagle  on  or  after  January  1,  1934,  by  an 
employer  who  shall  have  signed  the  President's  Reemployment 
Agreement  prior  to  January  1,  1934,  shall  be  deemed  an  acceptance 
of  this  offer  of  extension;  and  for  the  purpose  of  my  Executive  order 
dated  October  14,  1933,  which  among  other  things  prohibits  false 
representation  of  compliance  with  the  provisions  of  the  President's 
Reemployment  Agreement,  display  of  the  Blue  Eagle  by  any  em- 
ploj^er  on  or  after  January  1,  1934,  shall  be  deemed  a  representation 
that  he  is  complying  with  the  President's  Reemployment  Agreement, 
as  extended  by  this  Executive  order. 

I  hereby  authorize  the  Administrator  for  Industrial  Recovery  to 
make  such  rules  and  regulations  as  he  may  deem  necessary  to  supple- 
ment, amplify  or  carry  out  the  purposes  and  intent  of  tliis  Executive 
order. 

FRANKLIN  D.  ROOSEVELT. 

The  White  House, 

December  19,  1923. 

[No.  65151 


624 


EXECUTIVE  ORDER 

Delegating  Further  Functions  and  Powers  to  the  Federal 
Alcohol  Control  Administration 

By  virtue  of  and  pursuant  to  the  authority  vested  in  me  by  title  I 
of  the  National  Industrial  Recovery  Act  of  June  16,  1933  (ch.  90, 
48  Stat.  195),  and  in  order  to  effectuate  the  purposes  of  said  title, 
I  hereby  delegate  to  the  Federal  Alcohol  Control  Administration,  in 
addition  to  the  functions  and  powers  heretofore  delegated  to  it,  the 
functions  and  powers  (other  than  those  vested  in  me  by  section  10  of 
said  act  and  other  than  the  determination  and  administration  of  pro- 
visions relating  to  hours  of  labor,  rates  of  pay,  or  other  conditions  of 
employment)  vested  in  me  by  title  I  of  said  act  with  respect  to  indus- 
tries or  subdivisions  thereof  engaged  principally  in  the  production  or 
distribution  of  alcoholic  beverages,  including  authority  to  prescribe 
regulations  governing  amendments  or  exceptions  to  or  exemptions 
from  codes  of  fair  competition  for  such  industries  or  subdivisions 
thereof  administered  by  the  Federal  Alcohol  Control  Administration ; 
but  reserving  to  me  the  power  to  approve  any  such  code  of  fair  com- 
petition or  amendment  thereof.  This  Executive  order  shall  not 
diminish  any  of  the  functions  or  powers  heretofore  delegated  by  me 
to  the  Federal  Alcohol  Control  Administration. 

Executive  orders  heretofore  or  hereafter  signed  by  me  which  apply 
in  general  terms  to  codes  of  fair  competition  shall  not  (except  in  the 
case  of  Executive  Orders  Nos.  6353,  6355,  6464,  and  6606-A)  apply 
to  codes  of  fair  competition  administered  by  the  Federal  Alcohol 
Control  Administration  unless  specifically  so  provided  in  such  Execu- 
tive orders. 

FRANKLIN  D.  ROOSEVELT. 

The  White  House, 

August  21,  1934. 

[No.  6829] 


ADMINISTRATIVE  ORDERS 


625 


ADMINISTRATIVE  ORDER  NO.  308  D-7 

Order,  Supplementary  Code  of  Fair  Competition  for  the 
Atlantic  Mackerel  Fishing  Industry  (A  Division  of  the 
Fishery  Industry) — Approval  of  Plan  of  Curtailment  of 
Production,  Article  VIII,  Title  C,  Section   1,   Paragraphs 

(C)    AND    (D) 

WHEREAS,  Article  VIII,  Title  C,  Section  1,  paragraph  (c)  and 
(d)  of  the  Siipplementaiy  Code  of  Fair  Competition  for  the  Atlantic 
Mackerel  Fishing  Industiy  (a  Division  of  the  Fishery  Industry) 
pro-\T.des: 

(c)  In  order  to  conserve  natural  resources  by  the  elimination  of 
conditions  leading  to  gluts  in  the  mackerel  market  and  consequent 
wastage  through  dumping  of  mackerel  at  sea,  and  by  the  develop- 
ment of  the  maximum  usable  yield  compatible  with  future  produc- 
tivity thi'ough  prevention  of  the  take  of  small  mackerel  during  those 
portions  of  the  season  when  larger  sizes  are  available  to  supply  the 
demand  for  mackerel,  and  to  rehabilitate  the  mackerel  fishery  by 
maintaining  a  reasonable  balance  between  the  production  of  mackerel 
and  the  consumption  of  mackerel,  and  by  assuring  minimum  prices 
for  mackerel  not  below  the  cost  of  production: 

(1)  The  Executive  Committee,  with  the  approval  of  the  Adminis- 
trator, from  time  to  time  may  estimate  consumer  demand  for  mack- 
erel. When  any  such  estimate  shall  have  been  approved  by  the 
Administrator,  the  same  shall  be  deemed  to  be  the  net  reasonable 
market  demand  for  mackerel;  and  therefrom  the  Executive  Com- 
mittee, with  the  approval  of  the  Administrator,  may  determine 
(according  to  the  run  of  the  fish  and  other  conditions  in  the  ocean) 
whether  the  exploitation  of  the  mackerel  fishery  should  be  unre- 
stricted, or  whether  a  total  or  partial  limitation  on  the  take  of  small 
mackerel  by  purse  seine  boats  should  be  effected. 

(2)  Any  determination  by  the  Executive  Committee  pursuant  to 
the  provisions  of  subdivision  (1)  of  this  paragraph  shall  be  revised 
from  time  to  time  to  conform  with  the  net  reasonable  market  demand 
for  mackerel  as  found  as  aforesaid,  and  all  estimates  and  determina- 
tions by  the  Executive  Committee  pursuant  to  the  provisions  of  said 
subdivision  shall  be  subject  to  the  approval  of  the  Administrator, 
and  shall  be  based  upon  a  pubhshed  finding  and  statement  of  the 
reasons  therefor.  Any  limitation  on  the  take  of  small  mackerel  shall 
accord  due  consideration  to  the  effect  of  such  limitation  on  the  cost 
of  production  of  mackerel  larger  in  size. 

(3)  In  estimating  consumer  demand  for  mackerel,  due  account 
shall  be  taken  of  probable  withdrawals  from  storage  of  frozen  and 
salt  mackerel,  of  anticipated  imports  of  frozen  and  salt  mackerel, 
and  ofvproduction  and  consumption  of  groundfish. 


626 

(d)  In  the  event  that  any  determination  of  the  Executive  Com- 
mittee pursuant  to  the  provisions  of  paragraph  (c)  of  this  Section 
fails  to  effectuate  the  conservation  and/or  rehabihtation  poHcies 
hereinbefore  stated,  the  Executive  Committee,  upon  due  showing  to 
the  Administrator  and  with  his  approval,  may  determine  from  the 
net  reasonable  market  demand  for  mackerel  found  as  aforesaid  the 
poundage  of  mackerel,  with  reasonable  tolerance,  that  may  be  landed 
from  any  trip  by  purse  seine  boats  engaged  in  the  mackerel  fishery. 
In  allocating  trip  poundage  quotas  to  such  boats  due  consideration 
shall  be  given  to  boat  tonnage  and  crew  size. 

WHEREAS,  said  Executive  Committee  (after  due  consideration 
of  probable  withdrawals  from  storage  of  frozen  and  salt  mackerel, 
of  anticipated  imports  of  frozen  and  salt  mackerel,  and  of  the  produc- 
tion and  consumption  of  groundfish)  estimates  that  consumer  demand 
for  mackerel  will  be  approximately  two  million,  two  hundred  thousand 
pounds  per  week  for  the  balance  of  the  mackerel  season; 

WHEREAS,  said  Executive  Committee  has  determined  (from  said 
estimate,  and  from  the  run  of  the  fish  and  other  conditions  in  the 
ocean)  that  there  should  be  no  limitation  on  the  take  of  small  mackerel 
by  purse  seine  boats,  but  that  the  exploitation  of  the  mackerel 
fishery  should  not  be  wholly  unrestricted; 

WHEREAS,  said  Executive  Committee  (from  said  estimate,  and 
after  due  consideration  of  boat  tonnage  and  crew  size)  has  determined 
that  the  poundage  of  mackerel  that  may  be  landed  from  any  trip  by 
purse  seine  boats  of  twenty  or  less  gross  tons  shall  be  five  thousand 
pounds,  plus  one  thousand  pounds  for  each  crew  member  including 
the  captain;  and  that  the  poundage  of  mackerel  that  may  be  landed 
from  any  trip  by  purse  seine  boats  of  more  than  twenty  gross  tons 
shall  be  five  thousand  pounds,  plus  one  thousand  poimds  for  each  crew 
member  including  the  captain,  plus  fifty  pounds  for  each  gross  ton  in 
excess  of  twenty; 

WHEREAS,  said  Executive  Committee  has  determined  that  said 
restriction  on  the  poundage  of  mackerel  that  may  be  landed  from 
any  trip  by  purse  seine  boats  engaged  in  the  mackerel  fishery  should 
be  extended  to  October  31,  1934;  and 

WHEREAS,  justice  requires  that  appropriate  relief  be  granted  in 
accordance  with  said  provisions  of  said  divisional  code; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  the  authority  in  me  vested,  do 
hereby  approve  said  estimate  of  the  Executive  Committee  of  con- 
sumer demand  for  mackerel  in  the  amount  of  approximately  two 
million,  two  hundred  thousand  pounds  per  week  and  the  same  shall 
be  deemed  to  be  the  net  reasonable  market  demand  for  mackerel; 
and  do  hereby  approve  said  determination  of  said  Executive  Com- 
mittee limiting  the  poundage  of  mackerel  that  may  be  landed  from 
any  trip  by  purse  seine  boats  engaged  in  the  mackerel  fishery,  said 
determination  to  remain  in  effect  until  October  31,  1934,  unless  by 
further  order  I  shall  direct  otherwise;  and  do  hereby  order  that,  to 
avoid  violation  of  the  letter  rather  than  the  spirit  hereof,  said  Execu- 
tive Committee  shall  allow  reasonable  tolerance  in  the  poimdage  of 
mackerel  landed  from  any  trip  by  said  boats;  and  do  hereby  order 
further  that  the  provisions  hereof  shall  not  become  effective  until 
said  finding  of  said  Executive  Committee  as  to  consumer  demand  for 


627 

mackerel  and  as  to  restriction  of  the  exploitation  of  the  mackerel 
fishery,  together  wdth  a  statement  of  the  reasons  therefor,  shall  be 
published  to  the  members  of  the  Atlantic  mackerel  fishing  industry; 
and  do  hereby  order  further  that  said  publication  may  be  effected  by 
news  items  in  the  Gloucester  Daily  Times,  Boston  Post,  Boston  Globe, 
Boston  Herald,  and  Portland  Press  Herald. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 

August  6,  1934. 


628 


ADMINISTRATIVE  ORDER  NO.  308A-4 

Extending  Time  to  Report  on  Hours  of  Labor,  Rates  of  Pay, 

Etc. 


ORDER  SUPPLEMENTARY  CODE  OF  FAIR  COMPETITION  FOR  THE 
FRESH  OYSTER  INDUSTRY  (A  DIVISION  OF  THE  FISHERY  IN- 
DUSTRY)—GRANTING  APPLICATION  FOR  EXTENSION  OF  TIME 
WITHIN  WHICH  TO  COMPLY  WITH  THE  PROVISIONS  OF  AR- 
TICLE VIII,   TITLE  C,   SECTION   1,  PARAGRAPH  (d). 

WHEREAS,  an  application  has  been  made  by  the  Executive  Com- 
mittee of  the  Fresh  Oyster  Industiy  for  an  extension  of  time  within 
which  to  comply  with  the  provisions  of  Article  VIII,  Title  C,  Section 
1,  paragraph  (d)  of  the  Supplementary  Code  of  Fair  Competition 
for  the  Fresh  Oyster  Industry  (a  Division  of  the  Fisheiy  Industry); 
and 

WHEREAS,  the  Executive  Committee  of  the  Fresh  Oyster  Indus- 
try finds  itself  imable  to  comply  with  said  provisions  of  the  Code 
within  the  time  stated  therein,  and  the  Deputy  Administrator  con- 
curs in  such  finding  by  report  in  writing  to  me,  and  it  appears  to  m.y 
satisfaction  that  the  extension  of  time  hereinafter  granted  is  neces- 
sary and  will  tend  to  effectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  order  that  the  study  of  hours  of  labor,  rates  of  pay  and  other 
conditions  of  employment  provided  for  in  Article  VIII,  Title  C, 
Section  1,  paragraph  (d)  of  the  Supplementary  Code  of  Fair  Compe- 
tition for  the  Fresh  Oyster  Industry  (a  Division  of  the  Fishery 
Industry)  shall  be  made  before  September  15,  1934,  with  the  view  of 
revising  wages  and  hours  and  establishing  minimum  wage  payments 
on  a  tim.e  basis  as  of  October  15,  1934,  and  the  Executive  Committee 
shall  report  the  results  of  the  study  to  the  Administrator  not  later 
than  October  1,  1934. 

Hugh  S.  Johnson, 
Administrator  j or  Industrial  Recovery. 

Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 

August  6,  1934. 


629 


ADMINISTRATIVE  ORDER  NO.  436-9 

Order,  Code  of  Fair  Competition  for  the  Fur  Manufacturing 
Industry — Revoking  Division  Administrative  Order  No. 
436-7,  Dated  July  23,  1934,  and  Designating  Two  Additional 
Industry  Members  to  the  Temporary  Code  Authority  of 
THE  Fur  Manufacturing  Industry 

A  Code  of  Fair  Competition  for  the  Fur  Manufacturing  Industry 
having  been  approved  on  May  19,  1934  and,  pending  the  recognition 
of  the  permanent  Code  Authority  provided  for  in  said  Code,  a  tem- 
porary Code  Authority  for  said  Industry  having  been  designated  by 
Administrative  Order  No.  436-5,  dated  July  10,  1934,  and  it  appear- 
ing that  justice  and  the  interest  of  effective  code  administration  re- 
quire that,  pending  the  election  of  the  two  (2)  additional  Industry 
Members  provided  for  in  subsections  (e)  and  (f)  of  Section  1  of 
Article  VI  of  said  Code,  two  (2)  additional  persons  should  be  desig- 
nated as  members  of  said  temporary  Code  Authority,  one  (1)  of 
whom  shall  represent  members  of  the  Industry  not  affiliated  with  any 
of  the  proponent  associations  (said  proponent  associations  being 
enumerated  in  subsections  (a),  (b),  (c),  and  (d)  of  Section  1  of  Article 
VI  of  said  Code)  and  located  in  Area  "A"  as  defined  in  Section  6  (a) 
of  Article  IV  of  said  Code,  and  one  (1)  of  whom  shall  represent  mem- 
bers of  the  Industry  not  affiliated  with  any  of  said  proponent  associ- 
ations and  located  in  any  other  part  of  the  United  States  outside  of 
Area  "A"  as  defined  in  said  Section  6  (a)  of  Article  IV. 

NOW,  THEREFORE,  Pursuant  to  authority  vested  in  me  by 
Executive  Orders  of  the  President,  I,  Hugh  S.  Johnson,  Adminis- 
trator for  Industrial  Recovery  do  hereby 

ORDER  that  Division  Administrative  Order  No.  436-7,  dated 
July  23,  1934,  be  and  it  is  hereby,  revoked,  and  I  do  further 

ORDER  that,  pending  the  election  of  the  Industry  members  of 
the  Code  Authority  provided  in  subsections  (e)  and  (f)  of  Section  1 
of  Article  VI  of  said  Code,  the  following  named  persons,  in  addition 
to  those  persons  designated  by  the  aforesaid  Administrative  Order, 
be  and  they  are  hereby  designated  members  of  said  Temporary  Fur 
Code  xVuthority. 

William  Greenfield, 
Of  Leo  Greenfield  &  Son, 
20  West  33rd  Street,  N.Y.C. 
R.  E.  Albrecht, 

6th  and  Minnesota  Streets, 
St.  Paul,  Minnesota. 


630 
This  Order  may  be  modified  or  revoked  at  any  time  hereafter. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 

William  P.  Farnsworth, 

Acting  Division  Administrator. 

August  6,  1934. 


631 


ADMINISTRATIVE  ORDER  NO.  X-72 

Prescribing  Rules  and  Regulations  Supplementing  Executive 
Order  No.  6710  Relating  to  the  Application  of  the  Presi- 
dent's Reemployment  Agreement  and  Codes  of  Fair  Compe- 
tition TO  Certain  Employers  in  Towns  of  less  Than  2,500 
Population 

By  virtue  of  the  authority  vested  in  me  by  Executive  Order  No. 
6710,  dated  May  15,  1934,  I  hereby  prescribe  the  following  rules  and 
regulations  which  I  deem  necessary  to  carry  out  the  provisions  of  such 
order: 

1.  Definitions. 

a.  The  phrase,  "retail  trade  or  local  service  trades  or  industries", 
as  used  in  such  Order  shall  include: 

(1)  The  trades  and  industries  governed  by  the  following  Codes  of 
Fair  Competition: 

Baldng  Industry  (insofar  as  the  sale  of  bakers'  products  at 

retail  is  covered  thereby), 
Motor  Vehicle  Storage  and  Parking  Trade, 
Retail  Food  and  Grocery  Trade, 
Retail  Jewelry  Trade, 
Retail  Tobacco  Trade, 
Retail  Trade  (including  Retail  Drug  Trade  and  Booksellers 

Trade), 
Barber  Shop  Trade, 
Bowling  and  Billard  Operating  Trade, 
Cleaning  and  Dyeing  Trade, 
Laundry  Trade, 
Real  Estate  Brokerage  Trade, 
Shoe  Rebuilders  Trade, 
Hotel  Industry, 
Restaurant  Industry. 

(2)  The  following  trades  and  industries  not  yet  codified: 

Confectioners'  Stores, 
Sale  of  Milk  at  retail. 
Beauty  Parlors;  and 

(3)  Such  other  trades  and  industries  as  I  may  from  time  to  time 
designate. 

b.  The  term  "town"  as  used  in  such  Order  shall  include: 

(1)  Any  incorporated  community. 

(2)  Any  well  defined  unincorporated  community. 

(If  a  well-defined  imincorporated  community  includes  within 
its  confines  an  incorporated  community,  the  limits  of  the 
former  govern.) 

c.  Towns  of  less  than  2,500  population  shall  be  deemed  to  be  "in 
the  immediate  trade  area"  of  a  larger  city  if: 

(1)  They  are  located  within  the  confines  of  a  metropolitan  district 
of  any  city,  as  such  metropolitan  districts  are  established  by  the 


632 

Federal  Census  in  the  publication  entitled  "Metropolitan  Districts^ 
Bureau  of  Census,  Washington,  D.C.,  1930"  or  (2)  they  border  on 
cities  or  towns  with  populations  of  over  2,500. 

d.  Employers  in  the  trades  or  industries  above-stated,  who  are 
engaged  exclusively  in  local  trade  or  service  in  towns  as  above- 
defined,  are  included  within  the  order.  Employers  operating  under 
manufacturing  codes  or  under  wholesale  codes  are  not  included 
within  the  order  and  are  not  exempted  from  such  codes. 

2.  Applications  for  Relief  and  Inquiries. 

In  cases  where  local  competitive  conditions  in  a  particular  trade  or 
industry  are  such  that  employers  who  would  ordinarily  be  included 
within  the  exemptions  of  said  Executive  Order  are  in  direct  and  con- 
tinuous competition  with  employers  in  the  same  locality  not  so 
exempted  because  of  the  above  definition  of  'immediate  trade  area", 
application  for  relief  may  be  made  to  the  Code  Authority  for  the 
particular  trade  or  industry  which  will,  with  the  approval  of  the 
Administrator,  render  an  opinion  covering  the  specific  case.  If  there 
is  no  approved  Code  or  Code  Authority  in  such  industry  or  trade,  an 
interpretation  of  this  character  may  be  issued  by  N.R.A.  in  Washington, 
upon  recommendation  of  the  N.R.A.  State  Director.  Doubtful  cases 
and  all  inquiries  with  respect  to  the  Order  should  be  addressed  to 
the  local  State  Compliance  Director. 

3.  Application  of  Order  to  Employers  Engaged  in  Two  or 
More  Trades  or  Industries. 

a.  Employers  engaged  in  one  or  more  types  of  business,  covered  by 
the  trades  or  industries  enumerated  above,  and  one  or  more  types  of 
business  not  so  covered  and  whose  dift'erent  businesses  do  not  fall 
into  well  defined  or  readily  segregable  departments  shall  be  exempted 
under  the  provisions  of  such  Order  only  if  their  principal  business 
(defined  as  more  than  fifty  per  cent  of  their  gross  sales)  is  covered  by 
the  trades  or  industries  so  enumerated. 

b.  When  an  employer's  business  falls  into  two  or  more  well  defined 
or  readily  segregable  departments,  only  those  departments  whose 
principal  business  (as  above  defined),  is  covered  by  the  trades  or 
industries  enumerated  above  shall  be  exempted  under  the  provisions 
of  such  Order. 

c.  Employers  engaged  in  a  business,  part  of  which  is  exempted 
under  such  Order,  shall  not  be  liable  to  any  Code  Authority  for 
assessments  based  upon  the  part  of  his  business  so  exempted. 

4.  Application  of  Order  on  Right  to  Display  N.R.A.  Insignia. 
Employers  subject  to  codes,  who  comply  therewith  to  the  extent  to 

which  they  are  not  exempted  therefrom  under  such  Order  shall  be 
entitled  to  display  an  appropriate  N.R.A.  insignia. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Washington,  D.C, 

August  6,  1934. 


633 


ADMINISTRATIVE  ORDER  NO.  480-3 

Order,  Code  of  Fair  Competition  for  the  Structural  Steel 
AND  Iron  Fabricating  Industry — Staying  Effective  Date  of 
Code 

WHEREAS,  on  July  11,  1934  a  Code  of  Fair  Competition  for  the 
Structural  Steel  and  Iron  Fabricating  Industry  was  approved  to  be 
effective  on  July  22,  1934;  and 

WHEREAS,  by  my  order  of  July  23,  1934  the  effective  date  of 
such  Code  was  stayed  for  a  period  of  fifteen  days;  and 

WHEREAS,  it  appears  to  me  that  it  will  serve  the  best  interests 
of  the  Industry  subject  to  such  Code  to  extend  such  stay  for  a  further 
period  of  10  days; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  it  is 
hereby  ordered  that  the  operation  of  said  Code  be  and  it  is  hereby 
stayed  for  all  purposes  until  August  16,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Order  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Approved: 

L.  J.  Bernard, 

Legal  Division. 
Walter  G.  Hooke, 

Deputy  Administrator. 

August  6,  1934. 


634 


ADMINISTRATIVE  ORDER  NO.  436-10 

Order,  Code  of  Fair  Competition  for  the  Fur  Manufacturing 
Industry — Appointing  Special  Commission  as  Provided  in 
Section  7  of  Article  IV,  and  Otherwise,  of  Said  Code  of 
Fair  Competition,  and  Vesting  Said  Commission  with  Certain 
Additional  Powers  and  Duties 

A  Code  of  Fair  Competition  for  the  Fur  Manufacturing  Industry 
Laving  been  heretofore  approved  on  May  19,  1934,  and  it  being 
provided  in  Section  7  of  Article  IV  of  said  Code,  in  part,  as  follows: 

"  *  *  *  the  Administrator  shall  appoint  a  Special  Commission 
which  shall  undertake  a  study  and  investigation  of  the  various  markets 
and  areas  of  the  Industry  and  shall,  if  necessary,  conduct  hearings 
in  such  various  markets  and  areas  for  the  purpose  of  determining  the 
extent  to  which  the  provisions  of  this  Article,  and,  in  particular,  the 
extent  to  which  the  differentials  herein  established,  tend  to  promote 
conditions  of  fair  competition  between  the  various  markets  and  areas 
of  the  Industry.  Said  Special  Commission  on  the  basis  of  such  study 
and  investigation  shall  have  power  to  recommend  to  the  Adminis- 
trator any  modification  of  the  provisions  of  this  Article  which  it  may 
deem  necessary  to  promote  conditions  of  fau'  competition,  including 
recommendations  for  the  modification  of  the  definitions  of  the  respec- 
tive areas,  recommendations  for  the  creation  of  new  areas,  and 
recom.mendations  for  a  modification,  change,  increase  or  decrease  of 
the  differentials  between  the  respective  areas.  Said  Special  Com- 
mission shall  report  to  the  Administrator  with  its  recommendations, 
as  hereinabove  set  forth,  on  or  before  July  1,  1934,  and  any  and  all 
of  such  recommendations  upon  approval  of  the  Administrator  shall 
become  effective  as  part  of  this  Code. 

''Said  Special  Commission  shall  also  have  such  other  and  further 
duties  and  be  vested  with  such  other  and  further  powers  as  the 
Administrator  may  from  time  to  time  delegate  to  it,  and  any  such 
further  recommendations,  upon  the  approval  of  the  Administrator, 
shall  also  become  eft'ective  as  part  of  this  Code."  and 

Administrative  Order  No.  436-3,  dated  July  3,  1934,  ha\ang 
extended  the  date  on  which  said  Special  Commission  may  report 
with  its  recommendations  from  July  1,  1934  to  September  1,  1934;  and 

It  appearing  that  said  Special  Commission,  in  addition  to  the  pow- 
ers and  duties  specifically  conferred  upon  it  by  said  Section  7  of  Article 
IV  and  by  the  other  provisions  of  said  Code  of  Fair  Competition  may 
also  be  conveniently  vested  with  the  power  and  duty  of  investigating 
the  labor  conditions  in  the  related  industry  engaged  in  the  manu- 
facture of  fur  articles  on  a  custom  basis  and  in  the  repairing  and 
remodeling  of  fur  articles  directlv  to  the  consumer; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  by 
Executive  Orders  of  the  President,  and  by  the  Code  of  Fair  Com- 
petition for  the  Fur  Manufacturing  Industry,  I,  Hugh  S.  Johnson, 


635 

Administrator  for  Industrial  Recovery,  do  hereby  appoint  as  members 
■of  said  Special  Commission  the  following  persons: 

Dr.  Paul  Abelson,  Chairman. 
Dr.  H.  L.  Frain. 
Dr.  WiLLARD  Atkins. 
and 

ORDER  that  said  Special  Commission  shall,  in  addition  to  its  other 
powers  and  duties,  be  vested  with  the  further  power  and  duty  of 
investigating  the  labor  conditions  in  the  related  industry  engaged 
in  the  manufacture  of  fur  articles  on  a  custom  basis  and  in  the  remodel- 
ing and  repairing  of  fur  articles  directly  to  the  consumer;  and  I  do 
further 

ORDER  that  said  Special  Commission  shall  report  to  the  Admin- 
istrator with  its  recommendations  on  or  before  September  1,  1934. 

The  provisions  of  this  Order  may  be  modified  or  revoked  at  any 
time  hereafter. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 

William  P.  Farnsworth, 

Acting  Division  Administrator. 

.August  7,  1934. 


86360—34 31 


636 


ADMINISTRATIVE  ORDER  NO.  177-9 

Order,  Code  of  Fair  Competition  for  the  Silverware  Manu- 
facturing Industry — Approval  of  Cost  Accounting  System 

WHEREAS,  a  Cost  Accounting  System  having  been  submitted 
for  my  approval  by  the  Code  Authority  for  the  Silverware  Manu- 
facturing Industry,  in  accordance  with  Article  VIII,  Section  1,  of 
the  Code  of  Fair  Competition  for  the  SUverware  Manufacturing 
Industry,  approved  on  December  23,  1934, 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  do  find  that  said  Cost  Accounting  System  is 
effectively  designed  to  carry  out  the  terms  of  said  Article  VIII, 
Section  1 ,  and  pursuant  to  the  authority  vested  in  me  by  the  Executive 
Order  issued  by  the  President  on  July  15,  1933,  and  by  said  Code 
of  Fair  Competition,  and  otherwise,  I  hereby  approve  the  said  Cost 
Accounting  System  for  the  Silverware  Manufacturing  Industry  on 
condition  that  the  first  paragraph  of  Section  1,  Article  One  shall  be 
amended  to  read  as  follows:  "For  the  purposes  of  the  administration 
of  this  Code,  the  computation  of  cost  of  a  typical  product  of  the 
industry  will  include  the  cost  or  current  market  value  of  direct 
material  consumed  in  its  fabrication,  whichever  is  lower,  direct  labor 
chargeable  at  current  rates  of  the  individual  manufacturer  to  that 
product,  and  its  proper  proportion  of  normal  manufacturing,  selling, 
and  administrative  expenses,  and  other  charges,  allocated  directly 
to  the  product  or  by  production  centers  or  departments  when  possible, 
or  otherwise  distributed  over  certain  products  on  an  equitable  basis, 
after  eliminating  that  portion  of  expenses  applicable  to  excess, 
facilities." 

Hugh  S.  Johnson, 
Administrator  jor  Industrial  Recovery.. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August  7,  1934. 


637 


ADMINISTRATIVE  ORDER  NO.  80-8 

Order,  Approving  a  Merchandising  Plan  for  the  Brake  Lining 
AND  Related  Friction  Products  Division  of  the  Asbestos 
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  Merchan- 
dising Plan  of  the  Brake  Lining  and  Related  Friction  Products  Division 
of  the  Asbestos  Industry,  and  hearings  having  been  duly  held  thereon 
and  the  annexed  report  on  said  Merchandising  Plan  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 
President,  including  Executive  Order  No.  6543-A,  dated  December 
30,  1933,  and  otherwise;  do  incorporate  by  reference  said  annexed 
report  and  do  hereby  approve  said  Merchandising  Plan. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Approval  recommended: 
C.  E.  Adams, 

Division  Administrator. 

Washington,  D.C, 

August  8,  1934. 


638 


A  MERCHANDISING  PLAN  FOR  THE  BRAKE  LINING  AND 
RELATED  FRICTION  PRODUCTS  DIVISION  OF  THE 
CODE  OF  FAIR  COMPETITION  FOR  THE  ASBESTOS 
INDUSTRY 

Preamble 

Pursuant  to  Article  VI  of  the  Code  of  Fair  Competition  for  the 
Asbestos  Industry,  duly  approved  by  the  President  on  November  1, 
1933,  and  further  to  effectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recovery  Act,  the  following  Merchandising  Plan  is  sub- 
mitted by  the  Sub-Code  Authority  of  the  Brake  Lining  and  Related 
Friction  Products  Division  of  the  Asbestos  Industry  in  accordance 
with  the  Code  of  Fair  Competition  for  the  Asbestos  Industry,  and, 
upon  approval  by  the  President  or  Administrator  shall  be  binding 
upon  every  member  of  the  Brake  Lining  and  Related  Friction  Prod- 
ucts Division  of  the  Asbestos  Industry. 

Article  I^ — Definitions  and  Scope 

Section  A.  General. — Unless  otherwise  specifically  stated  herein, 
all  terms  used  herein  shall  have  the  meanings  specified  in  Article  II 
of  the  Code  of  Fair  Competition  for  the  Asbestos  Industry. 

Section  B.  Products. — The  following  products  (hereinafter  called 
friction  materials)  are  subject  to  the  Plan: 

L  Brake  linings,  clutch  facings,  and  any  other  products  described 
in  Schedule  I,  Section  V  of  the  Code. 

Section  C.  Territory. — The  Plan  applies  to  all  sales  of  friction 
materials  except  those  made  for  export. 

Section  D.  Brake  Lining  Division. — The  term  "Brake  Lining 
Division"  means  the  Brake  Lining  and  Related  Friction  Products 
Division  of  the  Asbestos  Industry. 

Section  E.  Subsidiary. — The  term  "Subsidiary"  means  a  business 
(no  matter  how  conducted  or  in  what  form  organized,  and  including 
its  subsidiaries)  (1)  which  is  controlled  by  the  Manufacturer,  or  (2) 
which  controls  the  Manufacturer,  or  (3)  which  is  controlled  by  a 
legal  entity  which  controls  the  Manufacturers. 

Section   F.  Members   of  the   Brake   Lining  Division. — The   term 

'Member  of  the  Brake  Lining  Division",  hereinafter  referred  to  as 

Concern"  and/or  "Manufacturer",  as  used  herein,  shall  mean  and 

nclude  all  persons  who  manufacture  and  sell  materials  either  by 

themselves  or  by  subsidiaries  or  affiliates  thereof. 

Section  G.  Code  Member. — The  term  "Code  Member"  means  a 
Member  of  the  Brake  Lining  Division  who  is  a  member  of  the  Code. 

Section  H.  Equipment  Materials. — Friction  materials  sold  to  man- 
ufacturers of  recognized  standard  equipment  for  use  in  production 
of  their  own  units  are  referred  to  as  "Equipment  Materials." 

Section  I.  Replacement  Materials. — Friction  materials  sold  to  man- 
ufacturers of  recognized  standard  equipment  for  distribution  through 


639 

their  distributors,  agents,  and  other  classes  of  merchandisers  for 
use  on  equipment  of  their  own  manufacture,  shall  be  referred  to  as 
"Replacement  Materials." 

Section  J.  Private  Brands. — The  term  "Private  Brand"  means 
a  brand  with  which  the  Manufacturer's  name  is  not  associated  in  cata- 
alogs  or  advertising  matter,  or  in  any  manner  when  resold,  and  which 
is  not  backed  by  the  manufacturer  with  missionary  work,  dealer 
lielps,  or  any  other  advertising  matter  other  than  special  price  sheets. 

Section  K.  Standard  Brands. — The  term  "Standard  Brand  "  means 
all  brands  or  markings  other  than  Private  Brands  (specifically  those 
brands  or  markings  required  bv  Article  IX,  B,  1  a  and  b  hereof). 

Section  L.  The  Code.—T\\e.  term  "The  Code"  shall  mean  the 
Code  of  Fair  Competition  for  the  Asbestos  Industry. 

Section  M.  Division  Office. — Division  office  shall  mean  the  office 
of  the  agent  of  the  Sub-Code  Authority  constituted  to  administer  the 
Code  and  such  agent  shall  be  the  neutral  agent  authorized  to  receive 
all  confidential  data  sent  to  the  division  office.  The  agent  shall  not 
be  a  member  of  the  industry  or  an  employee  of  any  member  of  the 
industry. 

Article  II — Classification  of  Customers 

Section  A.  The  Sub-Code  Authority  shall  cause  to  be  formulated 
and  keep  current  a  classification  of  all  types  of  customers  of  the 
Brake  Lining  Division  of  the  Asbestos  Industry.  Such  classifica- 
tion shall  be  subject  to  the  disapproval  of  the  Administrator  and  shall 
contain:  (a)  A  complete  list  of  all  of  the  classes  of  customers  of  the 
industry,  including  a  class  to  cover  every  known  type  of  customer; 
and  (b)  Definitions  or  descriptions  of  the  several  classes  in  terms  of 
functions  performed,  or  in  other  appropriate  terms  such  as  purchasers 
of  defined  quantities. 

Section  B.  After  submission  to  the  Administrator,  if  there  is  no 
disapproval  or  request  for  suspension  of  action  within  twenty  (20) 
days,  full  information  concerning  the  classification  shall  be  made 
available  to  all  members  of  the  Division.  No  one  shall  by  intimida- 
tion, coercion,  or  other  undue  influence  cause  or  attempt  to  cause  the 
inclusion  of  any  customer  in  or  the  exclusion  of  any  customer  from 
any  class  of  customers  or  the  exclusion  of  anj^  class  of  customers  from 
the  classification,  or  the  use  of  uniform  or  stipulated  prices,  discounts, 
or  differentials  and  each  member  of  the  industry  may  at  all  times 
classify  his  own  customers  in  accordance  with  his  own  judgment. 

Article  III — Listing  of  Buyers 

Section  A.  Each  Member  of  the  Industry  shall  immediately 
classify  its  customers  in  accordance  with  the  policies  established 
under  Article  II,  and  from  time  to  time  may  reclassify  accounts.  All 
new  accounts  shall  be  similarly  classified. 

Section  B.  Each  Member  of  the  Industry,  within  ten  (10)  days 
after  effective  date  of  this  Plan,  shall  file  with  the  Division  Office 
a  complete  list  of  customers  or  prospective  customers  classified  as 
provided  in  Section  A  above,  except  that  any  Member  of  the  Industry 
may  appeal  to  the  Sub-Code  Authority  for  relief  from  filing  its  com- 
plete list  of  customers,  provided  that  such  concern  shall  maintain 


640 

such  list  in  its  own  office  and  shall  advise  the  Division  Office  promptly, 
on  request,  the  classification  given  any  specific  account. 

Section  C.  This  information  shall  be  kept  confidential,  except 
(1)  in  case  of  dispute,  they  may  be  disclosed  to  the  Sub-Code  Authority 
for  the  purpose  of  adjusting  the  dispute,  (2)  upon  request  any  con- 
cern shall  be  informed  at  his  own  expense  as  to  the  classifications  given 
a  particular  buyer  by  all  other  Members  of  the  Industry,  but  the 
identity  of  such  Members  of  the  Industry  shall  not  be  disclosed. 

Article  IV — Prices 

Section  A.  Each  Member  of  the  Industry  shall  give  to  all  buyers 
of  the  same  classification  the  same  list  prices,  discounts,  and  terms 
for  the  same  quantities  of  the  same  or  similar  materials  from  said 
concern,  except  that  it  is  recognized  that  Private  Brand  Materials 
cost  concerns  less  to  distribute  than  materials  exploited  by  advertis- 
ing, missionary  work,  dealer  helps,  teclinical  service,  signs,  displays, 
cabinets,  racks,  etc.,  and  therefore  that  this  difference,  but  no  more, 
may  be  reflected  in  list  prices. 

Section  B.  Each  Member  of  the  Industry  shall  immediately  file 
with  the  Division  Office  schedules  of  prices,  terms  and  conditions 
applicable  to  all  classes  of  buyers  (except  Export  Accounts)  sold  by 
it  and  a  statement  of  its  methods  of  buyer  sub-classification. 

Section  C.  All  such  schedules  and  all  such  methods  of  Buyer  sub- 
classification  and  all  changes  therein  shall  be  open  under  regulations 
of  the  Sub-Code  Authority  to  the  Code  Members  concerned  and  to 
classes  or  subdivisions  of  classes  of  buj^ers  to  whom  they  are  applicable, 
provided,  however,  that  method  of  sub-classification  of  Buyers  and 
all  changes  therein  shall  be  open  to  all  classes  of  Buyers  and  may  be 
published  by  the  Sub-Code  Authority.  In  all  other  respects  all  such 
schedules  and  methods  of  Bu3^er  subclassification  shall  be  kept  con- 
fidential, except  in  the  case  of  a  bona  fide  complaint  that  a  concern  is 
violating  the  provisions  of  the  Code  and  this  Plan  as  to  prices,  terms 
or  conditions. 

Section  D.  In  the  event  of  quotations  on  a  material  not  currently 
offered  for  sale,  and  not  covered  by  schedules  already  filed  with  the 
Division,  a  member  of  the  Industry  shall  file  full  and  complete  copies 
of  such  quotations  with  the  Division  Office. 

Section  E.  For  the  purpose  of  facilitating  investigation  of  com- 
plaints, each  Code  Member,  upon  request  of  the  Sub-Code  Authority, 
shall  submit  to  an  official  designated  by  the  Administrator  copies  of 
any  or  all  invoices.  These  invoices  shall  indicate  the  classification  of 
the  Buyer  to  whom  the  materials  were  sold. 

Section  F.  If  the  Sub-Code  Authority  determines  that  the  above 
does  not  adequately  provide  for  the  administration  of  the  Code  and 
this  Plan,  the  Sub-Code  Authority  may  require  each  Code  Member 
to  supply  to  an  official  designated  by  the  Administrator  true  copies 
of  its  day-to-day  invoices.  Statistics  so  obtained  shall  be  kept  con- 
fidential except  that  when  said  official  deems  them  to  contain  evi- 
dence of  a  breach  of  the  provisions  of  this  Plan  or  Code  he  shall  make 
them  available  to  the  Sub-Code  Authority. 


641 

Article  V — Lists  and  Discounts 

Section  A.  Each  Member  of  the  Industry  shall  sell  friction  mate- 
rials for  replacement  purposes  from  lists  which  shall  clearly  show: 

1.  The  marking  or  branding  of  the  products  (in  accordance  with 
Article  IX,  B,  hereof)  sold  from  said  list. 

2.  The  date  on  which  the  list  shall  be  effective. 

3.  The  statement  "subject  to  change  without  notice,  and  in  any 
-case  not  effective  after  (date',  tliis  'date'  not  to  be  more  than  15 

months  later  than  the  effective  date. 

Section  B.  Members  of  the  Brake  Lining  Division  may  be  sold  at 
net  prices  and  may  resell  as  if  materials  were  of  their  own  manufacture. 

Section  C.  A  Member  of  the  Industry  may  allow  during  a  calendar 
year  on  any  purchases  during  said  year  and  based  on  purchases 
•  during  the  same  year,  volume  discounts  and/or  volume  rebates 
which  may  be  given  at  any  time  during  year  as  earned,  but  not  until 
earned.  Such  volume  discounts  and/or  volume  rebates  shall  be  in 
accordance  with  Concern's  published  schedules,  which  shall  be  based, 
if  any  supplements  are  adopted  in  accordance  with  this  Article  V,  on 
such  supplements. 

In  the  Ciise  of  a  new  account  obtained  subsequent  to  April  1st  of 
any  year,  a  Member  of  the  Industry  may  allow  such  Buyer  on  his 
purchases  during  the  balance  of  said  calendar  year  the  volume 
discounts  (volume  rebates)  to  which  said  Concern's  schedule  would 
entitle  said  Buyer  if  said  Buyer  had  purchased  proportionately 
through  the  entire  said  year. 

A  Member  of  the  Industry  may  exempt  from  the  application  of 
volume  discounts  (volume  rebates)  any  class  of  friction  materials, 
■even  though  sales  of  such  friction  materials  are  included  in  compiling 
a  total  for  the  earning  of  volume  discounts  on  other  friction  materials, 
provided  this  exception  is  clearly  noted  on  all  schedules. 

Section  D.  A  Member  of  the  Industry  shall  determine  its  own  dis- 
counts provided  that  all  types  of  Brake  Lining  shall  carry  the  same 
discount  for  each  class  of  Buyer,  and  all  types  of  Clutch  Facings 
shall  carry  the  same  discount  for  each  class  of  Buyer  and  provided 
further  that  this  Section  shall  not  be  construed  to  mean  that  all 
members  of  the  Division  must  have  the  same  discounts. 

Any  payment  or  allowance  to  a  Buyer  of  Concern's  material, 
when  such  Buyer  does  not  purchase  directly  from  the  Member  of 
the  Industry,  shall  be  considered  a  part  of  the  discount  granted  by 
the  Member  of  the  Industry  to  the  Buyer  to  whom  it  sold  the  goods. 

Article  VI — Classes  of  Shipping  Points 

Section  A.  Factory  Points. — The  metropolitan  area,  city,  town, 
■village  or  other  point  with  the  freight  depot  nearest  to  the  factory 
at  which  the  friction  materials  which  are  the  subject  of  the  particular 
sale  are  actively  manufactured. 

Section  B.  Outside  Points. — All  points  at  a  greater  distance  from 
the  factory  than  the  Factory  Points. 

Section  C.  Manufacturers'  Warehouses  .—Ml  storage  places  owned 
or  leased  by  a  Member  of  the  Industry  where  friction  materials  are 
carried  in  stock  by  the  Member  of  the  Industry  for  the  purpose  of 
better  servicing  the  trade. 


642 

Article  VII — Terms  and  Conditions 

Section  A.  Terms. — 

1.  Replacement  sales,  except  as  provided  in  (d)  below,  shall  be- 
made  at  the  following  terms: 

(a)  Regular— 2%,  10th  proximo;  net  15th  proximo 

(b)  Special — Terms  to  be  granted  only  on  Buyer's  initial  order  or 
when  a  Buyer  opens  a  branch  store.  Trade  acceptances  not  to 
exceed  ninety  (90)  days  from  10th  proximo  subject  to: 

)i  payment,  2%,  30  days; 
)i  payment,  1%,  60  days; 
K  payment,  net,  90  days. 

(c)  Any  special  demands  or  conditions  that  may  appear  on  Buyer's 
or  prospective  Buyer's  orders,  that  do  not  conform  to  the  terms  out- 
lined above  or  to  the  other  provisions  of  this  Plan  shall  not  be  accepted. 

(d)  Any  Concern  may  adopt  terms  other  than  those  specified  in 
(a)  above,  provided  that  full  information  is  filed  with  the  Division 
Office. 

2.  Each  Code  Member  may  send  to  the  Division  not  later  than 
the  twentieth  of  each  month,  a  list  of  all  Buyers  whose  credit  is 
doubtful  and  whose  accounts  on  the  fifteenth  of  the  month  were 
ninety  days  past  due  in  any  part.  This  list  will  show  the  Buyer's 
name,  his  or  its  address,  the  total  amount  owing,  the  amount  ninety 
(90)  days  past  due,  and  the  full  circumstances  of  the  delinquency. 
The  Division  shall  bulletin  this  information  to  Code  Members  filing 
such  lists  for  their  confidential  information. 

Section  B.   Transportation  Charges. — 

1.  No  sliipments  except  those  weighing  over  100  pounds  shall  be 
shipped  transportation  charges  prepaid  or  allowed  from  factory  or 
warehouse. 

2.  Shipments  weighing  100  pounds  or  less  to  "outside  points" 
(Article  VI,  B)  shall  be  F.O.B.  "factory  point"  (Article  VI,  A)  or 
actual  point  of  delivery  to  a  common  carrier  within  the  metropolitan 
area  in  which  a  Concern's  warehouse  is  located,  but  shipments  to 
points  within  the  metropolitan  area  in  which  the  Concern's  factory 
or  warehouse  is  located  may  be  F.O.B.  factory  or  warehouse. 

Section  C.  Contracts. — 

1.  All  sliipments  except  as  provided  below  shall  be  made  at  Con- 
cern's current  prices;  provided,  however,  that  any  sliipment  delayed 
for  reasons  beyond  Buyer's  control  shall  be  made  at  Concern's  prices 
current  at  time  shipment  would  otherwise  have  been  made.  No 
sliipment  shall  be  made  under  any  contract  which  does  not  specify 
sizes,  prices,  terms,  and  other  conditions  of  sale. 

2.  Provided,  further,  however,  that  shipments  may  be  made  during 
a  period  of  performance  not  to  exceed  six  months  at  prices  current  at 
the  date  of  contract  to  a  Buyer  who  issues  a  comprehensive  and 
widely  distributed  catalog  at  stated  intervals. 

3.  Provided,  further,  howfever,  that  shipments  may  be  made 
during  a  period  of  performance  not  to  exceed  any  calendar  quarter 
at  prices  current  at  the  date  of  contract  to  a  member  of  the  Division  or 
to  an  equipment  manufacturer  under  any  written  contract  for  either 
a  definite  quantity  or  a  maximum  and  minimum  quantity  said 
maximum  to  be  not  in  excess  of  three  times  the  minimum  quantity^ 


643 

or  a  stated  portion  of  Buyer's  actual  requirements  during  said  period 
of  performance;  and 

4.  Provided,  further,  however,  that  the  date  of  the  contract  made 
in  accordance  with  paragraphs  2  and  3  of  this  Section  D,  shall  be  not 
to  exceed  sixty  (GO)  days  prior  to  the  first  day  of  the  said  periods  of 
performance;  and  provided  further  that  all  quotations  made  for 
the  purpose  of  obtaining  contracts  under  the  provisions  of  the  said 
paragraphs  2  and  3  shall  be  confirmed  in  writing  within  forty-eight 
(48)  hours,  and  shall  be  subject  to  acceptance  within  thirty  (30)  days 
from  the  date  on  which  they  are  made. 

5.  In  the  event  that  any  Concern  shall  reduce  its  prices  while  any 
shipment  made  by  it  is  in  transit,  such  Concern  may  reduce  its  price 
upon  such  shipment  accordingly;  provided,  however,  that  Buyer  sub- 
mits evidence  in  the  form  of  carrier's  expense  bill,  showing  that  the 
shipment  actually  was  in  transit  when  the  price  decline  occurred. 

6.  No  other  shall  be  accepted,  except  in  accordance  with  the  pro- 
visions of  this  Article  VII,  C,  provided  however  that  the  provisions 
of  this  Section  C  shall  not  apply  to  contracts  made  with  Federal  or 
State  Governments. 

Section  E.  Order  and  Invoicing  Forms. — Members  of  the  Industry 
shall  indicate  on  orders  and  invoices  their  established  prices  appro- 
priate to  the  class  of  shipment  involved  and  the  discount  or  net 
prices  granted. 

Section  F.  Export  Accounts. — Members  of  the  Industry  shall  not 
sell  export  accounts  after  September  1,  1934  unless  export  buyers  shall 
have  entered  into  a  written  agreement  with  a  Member  of  the  Industry 
that  they  will  not  resell  the  products  covered  by  such  agreement 
within  the  borders  of  the  continental  United  States. 

Article  VIII — Returned  Merchandise  Policy 

Section  A.  Returned  Merchandise  unless  defective  at  date  of 
shipment  by  Concern  shall  not  be  accepted  for  credit  except  under  the 
following  terms  and  conditions: 

1.  Application  for  such  credit  be  made  within  six  (6)  months 
following  date  of  shipment. 

2.  The  Vendor  has  consented  in  writing  to  such  return. 

3.  Unless  it  is  in  original  rolls  and/or  original  packages  and  in 
saleable  condition. 

4.  Unless  total  amount  of  credit  for  returned  goods  in  any  one 
quarter  does  not  exceed  an  amount  equal  to  ten  percent  (10%)  of 
the  net  purchases  for  the  three  (3)  months  immediately  preceding  the 
date  of  such  return,  when  such  quarterlj^  net  purchases  are  $250.00  or 
more,  or  to  $25.00  when  such  net  purchases  are  less  than  $250.00. 

5.  Transportation  charges  are  prepaid. 

6.  All  credits  issued  shall  be  in  the  form  of  merchandise  credits  at 
current  or  purchase  price,  whichever  is  lower,  less  10%  handling 
charge.  If  a  credit  exceeds  One  Hundred  Dollars  ($100.00),  the 
Manufacturer  will  reserve  the  privilege  of  distributing  the  total  credit 
monthly  in  equal  amounts  over  the  succeeding  six  (6)  months. 

7.  Shipments  to  the  factory  are  accompanied  by  identification  tags 
supplied  by  the  Manufacturer  and  a  packing  slip  which  shows  a 
detailed  list  of  the  material  returned  and  the  date  of  letter  authorizing 
its  return. 


644 

8.  The  Manufacturer  shall  not  recognize  any  credit  taken  by  the 
customer  unless  same  is  supported  by  a  credit  memorandum. 

Section  B.  Any  Concern  may  with  the  approval  of  the  Sub-Code 
Authority  substitute  for  itself  its  own  Returned  Merchandise  Policy 
provided  that  such  Policy  be  not  in  conflict  with  the  fundamental 
spirit  of  the  above  described  policy.  When  a  Concern  recognized 
that  because  of  special  conditions  surrounding  a  particular  sale  col- 
lection of  the  ten  percent  handling  charge  provided  in  paragraph  six 
above  will  w^ork  an  undue  hardship  upon  the  Buyer,  such  Concern 
may  with  the  approval  of  the  Sub-Code  Authority  w^aive  the  collection 
of  these  charges. 

Section  C.  Nothing  in  this  Article  VIII  shall  restrict  a  Concern 
from  protecting  its  interests  in  the  event  a  Buj^er's  credit  is  impaired.. 

ARTICLE  IX— GENERAL 

Section  A.  Registration  of  Trade  Marks  or  Trade  Names. — 

1.  All  trade  marks  or  trade  names  owned  or  used  by  Concerns  for 
domestic  or  export  use  shall  be  registered  with  the  Division  by  the 
Concern  or  by  the  owner  of  said  trade  mark  or  trade  name,  to- 
gether with  information  regarding  the  protection  which  has  been  givem 
such  trade  marks  or  trade  names  by  the  United  States  or  foreign 
governments. 

2.  This  data  shall  not  be  published,  but  may  be  used  by  the  Sub- 
Code  Authority  to  assist  in  the  adjustment  of  any  controversy  over 
the  use  of  a  trade  mark  or  trade  name,  or  when  the  adoption  of  a  new 
trade  mark  or  trade  name  is  contemplated  and  it  is  desired  to  deter-- 
mine  if  prior  use  has  been  established. 

Section  B.  Marking  or  Branding. — 

I.  All  merchandise  sold,  except  to  members  of  the  Division  but 
including  such  merchandise  when  resold  by  such  members,  must  be 
marked  or  branded  according  to  type,  grade,  or  equality,  and  either:- 

a.  With  a  trade  mark  or  name  owned  by  a  Concern  and  registered 
with  the  Division,  or 

b.  With  the  Concern's  name,  and  a  mark  (registered  with  the 
Division)  designating  the  type,  grade,  or  quality. 

c.  With  a  Private  Brand  registered  with  the  Division. 

Section  C.  Seconds.— To  protect  the  public  against  misleading 
and  defective  merchandise  "seconds"  of  all  friction  materials  shall' 
be  destroyed,  mutilated,  and/or  otherwise  made  unfit  and  impossible 
for  use  as  friction  materials. 

Section  D.  Discontinued  Lines. — A  Concern  ma}^  sell  any  dis- 
continued sizes  or  lines  of  friction  materials  at  less  than  such  Con- 
cern's standard  prices,  only  when  said  materials  are  plainly  marked 
''Discontinued"  or  "Obsolete"  on  the  side  opposite  its  trade  name 
(the  trade  name  to  remain  distinct^,  but  such  material  may  not  be 
sold  at  less  than  cost,  (see  Article  IX  of  the  Code.)  The  Concern 
shall  advise  the  Division  Office  of  its  intention  to  do  so,  the  quantity 
to  be  disposed  of  and  file  complete  information  concerning  prices 
terms  and  conditions  in  accordance  with  Article  IV. 

Section  E.  Costs  and  Price  Cutting. — 

1.  Destructive  Price  Cutting:  The  standards  of  fair  competition 
for  the  industry  with  reference  to  pricing  practices  are  declared  to. 
be  as  follows: 


645 

(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  Sub-Code  Authority  that  any  filed  price  constitutes 
unfair  competition  as  destructive  price  cutting,  imperiling  small 
enterprise  or  tending  toward  monopolj^  or  the  impairment  of  code 
wages  and  working  conditions.  The  Sub-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  con- 
curred 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)  Wlien  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)  AVlien  an  emergency  exists  as  to  any  given  product,  sale  below 
the  stated  minimum  price  of  such  product,  in  violation  of  paragraph 
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  industry  adversely 
affecting  small  enterprises  or  wages  or  labor  conditions,  or  tending 
toward  monopoly  or  other  acute  conditions  which  tend  to  defeat  the 
purposes  of  the  Act;  and  (2)  that  the  determination  of  the  stated 
minimum  price  for  a  specified  product  within  the  industry  for  a  limited 
period  is  necessary  to  mitigate  the  conditions  constituting  such  emer- 
gency and  to  effectuate  the  purposes  of  the  Act,  the  Sub-Code  Author- 
ity may  cause  an  impartial  agency  to  investigate  costs  and  to  recom- 
mend to  the  Administrator  a  determination  of  the  stated  minimum 
price  of  the  product  affected  by  the  emergency  and  thereupon  the 
Administrator  may  proceed  to  determine  such  stated  minimum  price. 

(b)  Wlien  the  Administrator  shall  have  determined  such  stated 
minimum  price  for  a  specified  product  for  a  stated  period,  which 
price  shall  be  reasonably  calculated  to  mitigate  the  conditions  of  such 
emergency  and  to  effectuate  the  purposes  of  the  National  Industrial 
Recovery  Act,  he  shall  publish  such  price.  Thereafter,  during  such 
stated  period,  no  member  of  the  industry  shall  sell  such  specified 
products  at  a  net  realized  price  below  said  stated  minimum  price 
and  any  such  sale  shall  be  deemed  destructive  price  cutting.  From 
time  to  time,  the  Sub-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  X — Code  of  Ethics  and  Unfair  Practices 

In  cases  where  terms  prohibited  by  the  Code  or  this  Merchandising 
Plan  were  made  prior  to  the  adoption  hereof,  except  where  existing 
undertakings  cannot  be  terminated  on  or  before  December  31,  1934, 
accounts  granted  such  terms  shall  be  terminated  before  December  31, 
1934,  by  liquidation  in  equal  monthly  instalments.    All  such  accounts 


646 

and  their  liquidation  progress  must  be  reported  to  the  Division  Office 
upon  request  of  the  Sub-Code  Authority. 

The  following  shall  constitute  unfair  trade  practices. 

Section  A.  Invoicing. — To  make  any  invoice  which  does  not 
truly  and  fully  represent  the  whole  price  and  all  terms  and  conditions 
of  sale  of  the  merchandise  covered  by  such  invoice,  and,  specifically, 
but  without  limitation: 

1.  Fictitious  Invoicing: 

a.  To  invoice  merchandise  or  shipments  of  merchandise  which 
do  not  correspond  to  the  quantity,  quality,  size,  weight,  or  grade  of 
friction  materials  as  shown  in  Manufactm'er's  catalogs,  price  lists, 
advertising  matter,  etc.,  or  which  are  not  dated  as  of  date  of  sliip- 
ment. 

b.  To  ship  merchandise  in  excess  of  that  for  which  the  buyer  is 
invoiced. 

c.  To  omit  from  any  invoice  an  allowance  or  overriding  discount 
payable  at  some  future  date,  except  as  noted  below  under  "Volume 
Rebates." 

2.  Improperly  priced:  To  invoice  any  Buyer  for  friction  materials 
at  a  price  to  which  he  is  not  entitled. 

3.  Unauthorized  deductions:  To  permit  a  Buyer  to  make  any 
deductions  from  the  invoice  not  covered  by  the  terms  of  sale. 

4.  Other  Products:  To  give,  lend,  or  subnormally  price  any  other 
product  manufactured  and/or  sold  b}^  concern  for  the  purpose  of 
influencing  the  sale  of  friction  materials. 

5.  Unfair  Guarantees:  Except  as  otherwise  provided  in  the  Plan 
to  guarantee  against  advance  or  against  decline  in  prices. 

6.  Excessive  allowances  and  adjustments:  To  make  any  excessive 
allowance  to  a  buyer  for  alleged  defective  merchandise,  alleged 
shortages,  or  foT  adjusting  complaints  of  any  kind. 

7.  To  sell  any  merchandise  below  cost,  except  to  meet  competition 
as  provided  in  Article  IX  of  the  Code. 

Section  B.  Rebates. — 
Secret  Rebates: 

1.  To  grant  or  offer  to  grant  secret  rebates  in  any  form. 

2.  Rebates  or  discounts  on  friction  materials: 

(a)  To  grant  or  offer  to  grant  any  rebate  or  discount  on  terms  not 
clearly  stated  in  the  sales  contract  and  in  Concern's  price  lists,  and 
specifically,  but  without  limitation,  to  rebate  to  any  buyer  for 
stock  on  hand  at  the  date  of  any  price  decline. 

(b)  To  include  sales  of  materials  other  than  friction  materials  in 
nnj  sales  volume  as  a  basis  for  determining  volume  rebates  or  volume 
discounts  on  friction  materials. 

(c)  To  give  volume  rebates  or  discounts  in  the  form  of  friction  ma- 
terials on  sales  of  materials  other  than  friction  materials. 

3.  Cut-backs:  To  pay  or  offer  to  pay  commissions  or  "cut-backs" 
for  any  reason  whatsoever  to  Distributors  or  Jobbers  on  Concern's 
sales  direct  to  other  Distributors  or  Jobbers. 

Section  C.  Subsidies. — To  subsidize  Buyers  in  any  manner  ani 
particularly  by,  but  without  limitation  to,  the  methods  described  in 
paragraphs  1-7  following: 

1.  To  consign  stocks:  To  place  friction  materials  with  the  under- 
standing that  the  material  remains  vendor's  property  and  is  not  to 
be  paid  for  until  resold  or  used. 


647 

2.  To  carry  ledger  balances:  To  allow  terms  other  than  those  pro- 
vided in  the  Plan;  to  fail  to  prescribe  definite  prices  and  terms. 

3.  To  purchase  other  commodities:  To  pay  more  than  the  pre- 
vailing open  market  price  to  a  Buyer  or  prospective  Buyer  for  any 
commodity. 

4.  To  rent  part  of  customers'  premises:  To  rent  any  part  of  the 
premises  of  a  Buyer  or  prospective  Buyer  for  oflnce  space  or  any  other 
purpose;  provided  however,  that  any  Concern  may  rent  space  in  an 
office  building  owned  by  a  Buyer  or  prospective  Buyer  at  a  reason- 
able rental. 

5.  To  warehouse  with  customer:  To  store  any  friction  material  in 
or  on  the  property  of  any  Buyer  or  prospective  Buyer  thereof,  except 
in  a  public  warehouse  in  which  the  Buyer's  or  prospective  Buyer's 
place  of  business  is  not  located.  This  paragraph  five  (5)  shall  not 
affect  effective  leases  but  does  prohibit  their  renewal  or  extension, 
and,  if  approved  by  the  Sub-Code  Authority,  shall  not  affect  any 
member's  general  existing  policies  to  the  contrary. 

6.  To  supply  free  goods:  To  ship  or  in  any  way  to  deliver  free  of 
charge  friction  material  of  any  kind  to  any  customer  or  prospective 
customer  except  as  specified  in  paragraph  7  following. 

7.  To  make  special  donations: 

a.  Samples:  No  samples  for  the  replacement  trade  shall  be  given 
gratis  in  sufficient  quantity  to  service  completely  any  given  vehicle. 

b.  Tests:  To  supply  friction  materials  for  free  test  to  the  replace- 
ment trade. 

c.  Advertising  allowances  to  customers:  To  make  allowances  of 
any  kind  to  Buyers  for  space  in  publications  issued  by  them. 

d.  No  Member  of  the  Industry  shall  designate  as  an  "advertising 
allowance",  a  "promotion  allowance",  or  by  a  similar  term,  any  price 
reduction,  discount,  bonus,  rebate,  concession,  or  other  form  of  allow- 
ance, or  any  consideration  for  advertising  or  promotion  services, 
offered  or  given  by  him  to  any  customer. 

e.  No  Member  of  the  Industry  shall  offer  or  give  any  consideration 
other  than  for  definite  and  specific  advertising  or  promotion  services. 
Such  consideration  shall  be  given  only  pursuant  to  a  separate  written 
contract  therefor,  wliich  contract  shall  specifically  and  completely 
set  forth  the  advertising  or  promotion  services  to  be  performed  by  the 
recipient  of  said  consideration,  the  precise  consideration  to  be  paid  or 
given  therefor  by  said  member,  the  method  of  determining  per- 
formance, and  all  other  terms  and  conditions  relating  thereto. 

f.  Immediately  upon  the  makmg  of  any  such  contract  for  advertis- 
ing or  promotion  services  by  any  Member  of  the  Industry,  a  true  copy 
thereof  shall  be  filed  by  said  Member  with  the  confidential  and  dis- 
interested agent  described  in  Section  M  of  Article  I.  Said  agent  shall 
maintain  all  copies  of  such  contracts  on  file  until  sixty  (60)  days  after 
the  termination  thereof.  He  shall  make  the  same  available  at  his 
office  for  inspection  by  all  Members  of  the  Industry,  and  all  of  their 
customers  and  shall  distribute  a  true  copy  of  any  such  contract  to  any 
Member  of  the  Industry  or  any  customer  who  applies  therefor  and 
offers  to  pay  the  cost  actually  incurred  by  the  Code  Authority  in  the 
actual  preparation  and  distribution  thereof;  provided,  that  no  such 
copy  shall  be  made  available  to  any  person  until  it  is  made  available 
to  all  Members  of  the  Industry  and  their  customers,  as  aforesaid. 
Upon  request,  said  agent  shall  furnish  to  the  Administrator,  or  any 


648 

duly  designated  agent  of  the  Administrator,  copies  of  any  such 
contract. 

g.  Lavish  entertainment:  To  entertain  la^ashly  a  buyer  or  pros- 
pective buyer  or  their  employees. 

h.  Splitting  commissions:  To  allow  any  salesman  or  other  employee 
to  split  or  otherwise  share  liis  commissions  or  compensation  with 
any  one  to  influence  business. 

i.  Commercial  bribery:  No  member  of  the  Division  shall  give, 
permit  to  be  given,  or  directly  or  indirectly  offer  to  give,  anything  of 
value  for  the  purpose  of  influencing  or  rewarding  the  action  of  any 
employee,  agent,  or  representative  of  another  in  relation  to  the 
business  of  the  employer  of  such  employee,  the  principal  of  such  agent, 
or  the  represented  party,  without  the  knowledge  of  such  employer, 
principal,  or  party.  Commercial  bribery  provisions  herein  shall  not 
be  construed  to  prohibit  free  and  general  distribution  of  articles 
commonh^  used  for  advertising  except  so  far  as  such  articles  are 
actually  used  for  commercial  bribery  as  hereinabove  defined. 

Section  D.  Miscellaneous. — 

1.  Misrepresentation  in  Advertising:  To  directly  or  indirectly  re- 
flect falseh^  on  the  merchandise,  policies,  or  financial  standing  of  any 
competitor,  or  to  make  any  statements  which  are  detrimental  to  the 
best  interests  of  the  industry. 

2.  Donations  or  subscriptions:  To  make  donations  or  subscriptions 
to  shows  of  associations  or  industries  related  to  the  friction  materials 
industry,  unless  and  until  such  requests  have  been  referred  to  the 
Sub-Code  Authorit}^  and  sanction  has  been  granted. 

3.  Lifting  Stock:  To  remove  or  cause  to  be  removed  a  competitor's 
friction  materials  from  a  Buyer's  stock  by  purchase  or  credit  allowance 
for  the  purpose  of  replacing  with  the  Concern's  own  material,  as 
provided  in  Article  VII,  Section  4C  of  the  Code. 

4.  Cut-throat  competition:  To  classify  friction  materials  of  current 
manufacture  as  surplus  or  obsolete  stocks  or  discontinued  lines. 

5.  Evasion:  To  attempt  to  evade  any  o^the  provisions  of  the  Plan 
or  Code  tlirough  the  medium  of  separate  corporations,  affiliated 
corporations,  subsidiaries,  or  otherwise  to  indulge  in  miy  practice  or 
subterfuge  contrary  to  the  spirit  of  the  plan. 

6.  Trade  marks:  To  simulate  the  trade  mark,  trade  name,  slogaiis, 
or  advertising  matter  of  any  other  concern. 

Article  XI — Administration  of  Merc«an4)ising  Plan 

Section  A.  All  of  the  foregoing^  plan  has  been  adopted  pursuant  to 
the  provisions  of  the  Code  of  Fair  Competition  for  the  Asbestos 
Industry  and  is  subject  to  the  enforcement  provisions  therein  and/or 
in  the  National  Industrial  Recovery  Act  and  in  the  event  of  any  wilful 
violation  being  disclosed,  the  Sub-Code  Authority  may  present 
evidence  thereof  to  the  proper  department,  agency,  or  judicial 
branch  of  the  Government. 

Section  B.  No  Concern  shall  be  responsible  for  any  violation  of 
the  provisions  of  the  Code  or  Plan  committed  by  an  affiliate  who  has 
himself  or  itself  signed  the  Code  or  an  agreement  to  be  bound  by 
the  pertinent  provisions  thereof. 

Section  C.  This  supplement  shall  become  effective  upon  approval 
by  the  President  or  Administrator. 


649 


ADMINISTRATIVE  ORDER  NO.  43-22 

Code  of  Fair  Competition  for  the  Ice  Industry — Declaration 
OF  AN  Emergency  Within  the  Competitive  Area  Consisting 
OF  the  Parishes  of  Orleans,  Jefferson,  and  Saint  Bernard, 
Louisiana,  and  Establishment  of  Minimum  Prices,  Etc. 

WHEREAS,  Article  XII  of  the  Code  of  Fair  Competition  for  the 
Ice  Industry  as  amended  provides  in  part  as  follows: 

"1.  Wlien  the  Administrator,  upon  the  recommendation  of  the 
Code  Authority  or  any  other  interested  party,  shall  find  that  an 
emergency  exists  within  any  competitive  area  and  that  the  cause 
thereof  is  that  the  prices  at  wliich  natural  or  artificial  ice  is  being  sold 
therein,  have  been  reduced  through  destructive  price  cutting,  due  to 
excessive  over-production,  increased  supply,  or  for  any  other  reason, 
to  such  extent  as  to  render  ineffective  the  labor  or  other  provisions 
of  this  Code  or  seriously  endanger  the  maintenance  thereof,  the 
Administrator  may  in  such  emergency  exercise  the  following  tem- 
porary and  restricted  remedial  measures: 

"He  may  establish  a  schedule  of  minimum  prices  for  natural  and 
artificial  ice,  based  upon  the  lov/est  reasonable  cost  of  a  representa- 
tive operation  located  witliin  such  competitive  area  as  may  be 
selected  by  the  Code  Authority  or  as  shall  otherwise  be  determined 
by  the  Administrator  to  be  a  representative  operation,  and  direct 
that  for  a  definite  period  of  time  and  wdthin  the  competitive  area 
defined  and  designated  by  him,  no  member  of  the  Ice  Industry  shall 
seU  or  offer  to  sell  any  ice  in  or  into  such  area,  at  a  price  or  prices 
lower  than  estabhshed  by  such  schedule. 

"3.  The  original  order  or  orders  of  the  Administrator,  making 
effective  the  intent  of  this  Article,  shall  include  the  date  upon  which 
such  order  or  orders  shall  become  effective,  and  shall  designate  a 
date  by  which  a  schedule  of  prices  shall  be  filed  and  posted  with  the 
appropriate  Committee  of  Arbitration  and  Appeal  and  with  the 
Code  Authority,  by  each  member  of  the  Industry  selling  ice  in  or 
into  the  affected  competitive  area,  and  thereafter,  for  such  period  of 
time  as  may  be  ordered  by  the  Administrator,  no  member  of  the 
Industry  shall  sell  or  offer  to  sell  ice  m  or  into  such  competitive  area 
at  a  price  or  prices  lower  than  those  prescribed  by  the  Administrator 
for  such  area,  Avithout  first  obtaining  liis  approval." 
and, 

WHEREAS,  pursuant  to  my  Order  of  May  11,  1934,  (Administra- 
tive Order  No.  43-6)  a  public  hearing  was  held  on  May  21,  1934,  in 
the  city  of  New  Orleans,  Louisiana,  for  the  purpose  of  determining 
a  schedule  of  minimum  prices  for  the  sale  of  ice  in  or  into  the  com- 
,  petitive  area  selected  and  determined  in  accordance  with  said  Order 
as  consisting  of  the  parishes  of  Orleans,  Jefferson  and  Saint  Bernard, 
Louisiana, 


650 

NOW,  THEREFORE,  I,  Hugh  S.  Jolinson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me  by  Article 
XII  of  said  Code  of  Fair  Competition  for  the  Ice  Industry  as  amended 
and  by  Executive  Orders  of  the  President  and  otherwise,  do  hereby 
declare  that  an  emergency  exists  within  the  competitive  area  con- 
sisting of  the  parishes  of  Orleans,  Jefferson  and  Saint  Bernard, 
Louisiana,  and  that  the  cause  thereof  is  that  the  prices  at  which  arti- 
ficial ice  has  been  sold  therein  have  been  reduced  through  destructive 
price  cutting  due  to  excessive  over-production,  increased  supply  and 
other  reasons  to  such  an  extent  as  to  render  ineffective  the  labor  and 
other  provisions  of  the  said  Code  and  to  endanger  seriously  its  main- 
tenance in  said  area,  and 

IT  IS  FURTHER  ORDERED  that  on  and  after  ten  days  from 
the  date  of  this  Order  and  continuing  for  a  period  of  ninety  days, 
no  member  of  the  Industry  shall  directly  or  indirectly  sell  or  offer  to 
sell  or  otherwise  dispose  of  ice  in  or  into  said  competitive  area  at  a 
price  lower  than  the  applicable  price  set  forth  in  the  schedule  of 
minimum  prices  attached  to  this  Order  and  made  a  part  hereof,  and 

IT  IS  FURTHER  ORDERED  that  each  member  of  the  Industry 
directly  or  indirectly  selling  or  offering  to  sell  or  otherwise  disposing 
of  ice  in  or  into  said  competitive  area  shall  within  ten  days  from  the 
date  of  this  order,  file  and  post  with  the  Louisiana  Committee  of 
Arbitration  and  Appeal  and  with  the  Code  Authority  a  schedule  of 
prices  at  which  he  proposes  to  sell  such  ice,  which  schedule  of  prices 
shall  be  not  lower  than  those  prescribed  by  this  Order;  subject, 
however,  to  such  revision  and/or  cancellation  thereof  as  during  the 
period  of  this  Order  I,  by  my  further  orders,  may  dhect,  and 

IT  IS  FURTHER  ORDERED  THAT  Walter  F.  Coxe,  1418  New 
Orleans  Bank  Building,  New  Orleans,  Louisiana,  is  hereby  designated 
as  my  special  agent  as  provided  in  Article  XII,  section  5  of  the  Code' 
of  Fair  Competition  for  the  Ice  Industry  as  amended  on  April  24, 
1934,  to  make  such  inspections,  conduct  such  investigations,  demand 
or  receive  such  reports  and  file  such  complaints  as  the  Division 
Administrator  for  this  Code  may  require  and  as  may  be  necessary 
to  secure  compliance  with  this  Order,  and 

IT  IS  FURTHER  ORDERED  that  the  special  agent  above 
mentioned  shall  cause  to  be  made  an  investigation  of  cost  data  in  all 
ice  plants  in  New  Orleans,  Louisiana,  and  that  said  special  agent 
shall  within  sixty  days  after  the  approval  of  this  Order  report  on  said 
investigation  to  the  Division  of  Research  and  Planning,  and  that, 
within  thirty  days  after  receipt  of  such  report,  said  Division  of 
Research  and  Planning  shall  submit  its  analysis  and  figures  to  the 
Administrator. 

Hugh  S.  Johnson, 
Administrator  f 01'  Industrial  Recovery.. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August  8,  1934. 


651 

SCHEDULE  OF  MINIMUM  PRICES  FOR  NEW  ORLEANS,  LA. 

Class  A.  Wholesale  and  Heavy  Commercial $3.60  per  ton. 

(Wholesale  to  include  sales  of  ice  to  be  resold.) 
(Heavy  commercial  to  be  defined  to  include 
sales  of  ice  of  600  pounds,  or  more  at  one  de- 
livery for  use  in  connection  with  business  of 
buyer,  including  but  not  restricted  to  restau- 
rants, drug  stores,  hotels,  railroads,  dairies, 
grocery  and  meat  stores,  etc.) 

Class  B.  Light  Commercial 28    cents    per 

hundred 
pounds. 
(Defined  to  include  sales  of  ice  of  less  than  600 
pounds  at  one  delivery  for  use  in  connection 
with  business  of  buyer  including  same  classes 
as  heavy  commercial.) 
Class  C.  Domestic: 

1 .  At  platform 36     cents    per 

hundred 
pounds 

2.  Delivered 40     cents    per 

hundred 
pounds. 
(Defined  to  include  all  sales  to  the  family  or  do- 
mestic trade.) 


86S60— 34 32 


652 


ADMINISTRATIVE  ORDER  NO.  454-2 
Stay  of  Trade  Practice  Provisions 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  OPTICAL  RETAIL 
TRADE— EXTENSION  OF  STAY  OF  PROVISIONS  OF  ARTICLE  VIII, 
PENDING  HEARING 

WHEREAS,  applications  have  been  made  by  many  members  of 
the  trade  for  a  stay  of  operation  of  the  provisions  of  Article  VIII 
of  the  Code  of  Fair  Competition  for  the  Optical  Retail  Trade;  and 

WHEREAS,  said  Code  has  been  opened  for  Modification  as  to 
Article  VIII,  and  a  public  hearing  has  been  scheduled  on  the  17th 
day  of  August,  1934,  for  the  purpose  of  determining  whether  Article 
VIII  of  said  Code  should  be  modified,  and  to  determine  the  issues 
raised  by  the  members  of  the  trade  who  have  filed  their  application 
for  stay  of  the  provisions  of  Article  VIII  of  said  Code;  and 

WHEREAS,  justice  requires  that  all  members  of  the  trade  should 
be  treated  alike  and  that  it  appears  to  my  satisfaction  that  the 
extension  of  the  stay  hereinafter  granted  is  necessary  and  will  tend 
to  effectuate  the  policies  of  Title  I  of  the  National  Industrial  Recovery 
Act: 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  stay  of  the  operation  of  said  provisions  of 
said  Code  be  and  it  is  hereby  extended  to  all  members  of  the  trade 
pending  my  further  order. 

Hugh  S.  Johnson, 
■Administrator  for  Industrial  Recovery. 
Order  recommended : 
Geo.  L.  Berry, 

Division  Administrator. 

Washington,  D.C, 

August  8,  1934. 


653 


ADMINISTRATIVE  ORDER  NO.  X-73 

Appointing  Members  of  the   National  Sheltered  Workshop 

Committee 

WHEREAS  on  March  3,  1934,  in  Order  X-9,  I,  Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery,  provided  for  the  creation  of  a 
National  Sheltered  Workshop  Committee,  the  term  of  service  of 
whose  members  should  be  for  a  period  of  six  months  except  the  first 
committees,  half  of  the  members  of  which  should  be  for  a  term  of 
three  months,  and 

WHEREAS  on  May  11,  1934,  in  Order  X-28,  I  did  appoint  the 
members  of  the  said  National  Sheltered  Workshop  Committee  in 
accordance  with  said  Order  X-9,  and 

WHEREAS  the  terms  of  tliree  members  of  said  Committee  expire 
on  August  11,  and  it  is  necessary  that  appointments  for  their  suc- 
cessors be  made  forthwith; 

NOW,  THEREFORE,  acting  under  the  powers  conferred  on  the 
President  of  the  United  States  by  Title  I  of  the  Act  of  June  16,  1933, 
pursuant  to  authority  vested  in  my  by  Executive  Orders  of  the 
President  of  the  United  States,  including  Executive  Order  No. 
6543-A,  dated  December  30,  1933,  and  supplementing  the  aforesaid 
Orders  X-9  and  X-28,  I  hereby  appoint  as  members  of  the  National 
Sheltered  Workshop  Committee  for  the  term  of  six  months  from  this 
date  to  succeed  themselves: 

Col.  John  N.  Smith,  Jr.,  Director, 

Institute  for  Crippled  and  Disabled, 

400  First  Avenue,  New  York,  N.Y. 
Mr.  Edward  Hochhauser,  President  and  Executive, 

Altro  Workshops, 

1021  Jennings  Street,  Bronx,  New  York. 
Father  John  O 'Grady, 

Secretary  of  the  National  Conference  of  Catholic  Charities, 

Washington,  D.C. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Linton  M.  Collins, 

Acting  Division^  Administrator. 

Washington,  D.C, 

August  9,  1934. 


654 


ADMINISTRATIVE  ORDER  NO.  225-7 

Order,  Code  of  Fair  Competition  for  the  Smoking  Pipe  Manu- 
facturing Industry— Approval  of  Standard  Cost  Account- 
ing System 

An  application  having  been  duly  made,  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Article  VII,  Section  1,  of  the  Code 
of  Fair  Competition  for  the  Smoking  Pipe  Manufacturing  Industry, 
for  the  approval  of  a  Standard  Cost  Accounting  System,  and  finding 
upon  all  the  facts  that  said  Standard  Cost  Accounting  System  as 
attached  hereto  should  be  approved; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me  by  Execu- 
tive Orders  of  the  President,  including  Executive  Order  No.  6543-A, 
dated  December  30,  1933,  and  otherwise,  and  by  said  Code,  DO 
HEREBY  ORDER  that  said  Standard  Cost  Accounting  System  be 
and  it  is  hereby  approved  for  a  period  of  six  months  from  the  date  of 
tliis  Order;  provided,  however,  that  scraps  and  discounts  shall  be 
deducted  from  the  materials  cost,  therebj^  computing  this  cost  on  a 
net  basis;  and  provided,  further  that  taxes  and  insurance  shall  be 
limited  to  property  taxes  and  property  insurance  only. 

H.  S.  Johnson, 
Administrator  Jor  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 
August  9,  1934. 


655 


ADMINISTRATIVE  ORDER  NO.  467-7 
Granting  Higher  Wage  Exemption  for  Slow  Workers 


CODE  OF  FAIR  COMPETITION  FOR  THE  CIGAR  MANUFACTURING 

INDUSTRY 

WHEREAS,  the  Code  of  Fair  Competition  for  the  Cigar  Manu- 
facturing Industry  provides  in  Section  10  of  Article  IV,  that 

"Upon  application  of  any  employer,  at  any  time  a  higher 

rate  of  exemption  for  slow  workers  than  is  established  in 

Section  9  of  this  Article  may  be  estabhshed    by  the    Code 

Authority  with  the  approval  of  the  Administrator.     *     *     *" 

and, 

WHEREAS,  it  appears  that  an  acute  situation  has  arisen  in  the 
manufacture  by  hand  of  2  for  5  cents  cigars,  particularly  in  the  York 
County  d,istrict  of  Pennsylvania;  and 

WHEREAS,  the  Code  Authority  for  the  Cigar  Manufacturing 
Industry  has  adopted  the  following  resolution: 

''RESOLVED,  that  on  account  of  the  existing  emergency,  the  Code 
Authority  for  the  Cigar  Manufacturing  Industry  recommends  to  the 
Administrator,  when  advised  by  the  Labor  Advisory  Board  that  it 
concurs  in  such  recommendation,  such  higher  rate  of  exemption  as 
may  result  from  the  payment  of  the  piece  rate  hereinafter  referred  to, 
to  rollers  of  hand  made  cigars  retailing  at  2  for  5  cents  located  in  the 
York  County  District;  providing,  however,  that  all  such  rollers  are 
paid  a  piece  rate  of  not  less  than  three  dollars  ($3.00)  per  thousand 
and  all  bunch-makers  of  2  for  5  cents  cigars  are  paid  not  less  than 
one  dollar  and  twenty  cents  ($1.20)  per  thousand;  and  provided 
further,  that  such  higher  rate  of  exemption  shall  continue  for  a 
period  not  to  exceed  thirty  (30)  days,  unless  further  extended  by  the 
Code  Authority." 
and, 

WHEREAS,  the  resolution  as  set  forth  above  has  received  the 
approval  of  the  Labor  Advisory  Board; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  resolution  of  the  Code  Authority  for  the 
Cigar  Manufacturing  Industry,  as  hereinbefore  set  forth,  be  and  the 
same  hereby  is  approved,  and  shall  become  effective  as  of  the  date 
of  this  Order. 

Armin  W.  Riley, 

Division  Administrator. 
Approval  recommended: 
Irwin  S.  Moise, 

Deputy  Administrator. 

August  10,  1934. 


656 


ADMINISTRATIVE  ORDER  NO.  9-71 

Order,  Code  of  Fair  Competition  for  the  Lumber  and  Timber 
Products  Industries — Granting  Limited  Exemption  from 
Rules  and  Regulations  for  Application  of  Minimum  Prices 

WHEREAS,  pursuant  to  the  provisions  of  Article  IX  of  the  above 
Code,  on  the  16th  day  of  July,  1934  the  Administrator  for  Indus- 
trial Recovery  approved  minimum  prices  which  constituted  the 
reasonable  cost  of  items  and  classifications  of  lumber  and  timber 
products,  and  rules  and  regulations  for  the  application  thereof;  and 

WHEREAS,  said  minimum  prices  and  rules  and  regulations  include 
the  minimum  prices  and  rules  and  regulations  set  forth  in  Lumber 
Code  Authority  Bulletin  No.  30;  and 

AVHEREAS,  Rule  2  of  said  Rules  and  Regulations  in  Lumber  Code 
Authority  Bulletin  No.  30  provides  as  follows: 

''2a.  Water  Shipments. — On  sales  other  than  F.A.S.  made  for 
shipment  Intercoastal  or  Coastwise,  there  shall  be  added  to  the 
established  minimum  water  prices,  conference  water  rates,  applicable 
at  time  of  shipment  agreed  upon,  insurance  and  all  other  delivery 
costs  incident  thereto,  as  per  established  schedules,  and  subject  to 
L.C.A.  Bulletin  No.  79,  together  with  freight  charges  computed  on 
established  schedule  of  item  weights  and  lawful  rail  freight  rates  m 
effect  to  destination  beyond  the  discharging  port. 

"2b.  On  Sales  for  Shipment  to  the  Panama  Canal  Zone, 
water  freight  including  government  landing  charges  shall  be  com- 
puted at  not  less  than  $8.00  per  M.B.M.";  and 

WHEREAS,  an  invitation  for  bids.  Schedule  No.  2983,  to  be  opened 
on  the  22nd  day  of  August,  1934,  has  been  submitted  to  persons 
subject  to  the  jurisdiction  of  the  above  Code  by  the  Panama  Canal 
Zone;  and 

WHEREAS,  the  Order  of  the  Administrator  for  Industrial  Re- 
covery, approving  said  minimum  prices  for  items  and  classification 
of  lumber  and  timber  products  and  rules  and  regulations  for  the 
application  thereof,  provides  in  part  as  follows: 

"Do  hereby  authorize  the  Division  Administrator,  upon  recom- 
mendation of  the  Deputy  Administrator  and  the  Research  and 
Planning  Division,  but  without  limitation  upon  the  powers  reserved 
to  the  Administrator  by  Article  IX,  Section  (a),  Subsection  (4)  of 
said  Code:  ....  To  grant  such  exceptions  and  exemptions  as  are 
necessary  to  meet  special,  accidental  or  extraordinary  circumstances 
peculiar  to  a  limited  group  of  operations;"  and 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
for  the  Lumber  and  Timber  Products  Industries,  acting  on  behalf 
of  persons  subject  to  the  jurisdiction  of  said  Code,  for  an  exemption 
from  the  provisions  of  Rule  No.  2b  of  the  said  Lumber  Code  Au- 
thority Bulletin  No.  30,  to  the  extent,  but  only  to  the  extent  neces- 
sary to  permit  said  persons  subject  to  the  jurisdiction  of  said  Code, 


657 

to  submit  bids  on  the  above  invitation  of  not  less  than  the  minimum 
f.o.b.  mill  price,  plus  the  two  dollars  ($2)  per  thousand  feet  landing 
charge  for  lumber  in  the  Panama  Canal  Zone  and  to  perform  in 
accordance  with  such  contract  or  contracts  as  may  be  awarded  on  the 
basis  thereof;  and 

WHEREAS,  the  Deputy  Administrator  has  reported  and  found 
this  exemption  is  necessary  to  meet  special,  accidental  and  extraor- 
dinary circumstances  peciiliar  to  a  limited  group  of  operations, 
and  it  appears  to  my  satisfaction  that  the  exemption  hereinafter 
granted,  is  necessary  and  will  tend  to  effectuate  the  policies  of  Title  I 
of  the  National  Industrial  Recovery  Act  and  of  said  Code ; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  all  persons  subject  to  the  jurisdiction  of  the  above 
Code,  be  and  they  hereby  are  exempted  from  said  provisions  of 
Rule  2b  of  Lumber  Code  Authority  Bulletin  No.  30,  to  the  extent, 
but  only  to  the  extent  necessar}^  to  enable  said  persons  to  submit 
bids  on  the  above  invitation  of  not  less  than  the  minimum  f.o.b. 
mill  prices  plus  the  two  dollars  ($2)  per  thousand  feet  landing  charge 
for  lumber  in  the  Panama  Canal  Zone,  and  to  perform  in  accordance 
with  such  contract  or  contracts  as  may  be  awarded  on  the  basis 
thereof. 

C.  E.  Adams, 
By:  F.  S,  Strong,  Jr., 

Division  Administrator. 

Order  recommended: 
A.  C.  Dixon, 

Deputy  Administrator. 

August  10,  1934. 


658 


ADMINISTRATIVE  ORDER  NO.  474-5 
Staying  Application  of  Code  Relevant  to  Homework 


CODE  OF  FAIR  COMPETITION  FOR  THE  NEEDLEWORK  INDUSTRY 
IN  PUERTO  RICO,  AS  APPROVED  ON  JUNE  28,  1934— ORDER,  STAY- 
ING SECTION  3  OF  ARTICLE  IV  UNTIL  AUGUST  16,  1934,  ON 
CERTAIN  WORK 

In  order  to  effect  a  practical,  workable  solution  of  the  problem  of 
determining  what  wage  is  due  upon  products  of  the  industry  returned 
after  the  effective  date  of  this  Code,  July  19,  1934,  to  members  of  the 
industry  by  employees  working  at  home,  which  products  might  have 
been  completed  before  July  19,  1934,  and  having  received  advice 
from  spokesmen  representative  of  the  industry  and  of  the  employees 
that  the  Order  hereinafter  made  meets  their  approval,  and  in  order 
to  effectuate  the  purposes  of  Title  I  of  the  National  Industrial  Re- 
covery Act; 

Pursuant  to  authority  vested  in  me  by  Executive  Orders  of  the 
President  of  the  United  States,  including  Executive  Order  No. 
6543-A,  dated  December  30,  1933,  and  Exectuive  Order  No.  6590-A, 
dated  February  8,  1934,  I  now  ORDER: 

That  Section  3  of  Article  IV  of  the  Code  of  Fair  Competition  for 
the  Needlework  Industry  in  Puerto  Rico  be  and  the  same  is  hereby 
stayed  through  the  Fifteenth  day  of  August,  1934,  as  to  all  work 
delivered  to  homework ers  before  July  19,  1934,  if  said  work  is  returned 
to  the  member  of  the  industry  on  or  before  August  15,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Linton  M.  Collins, 

Acting  Division  Administrator. 

Washington,  D.C, 

Augi/st  10,  1934. 


659 


ADMINISTRATIVE  ORDER  NO.  287-87 
Stay  of  Minimum  Wage  Provisions 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  GRAPHIC  ARTS 
INDUSTRIES— APPROVAL  OF  APPLICATION  ON  BEHALF  OF  THE 
NATIONAL  CODE  AUTHORITY  FOR  THE  STEEL  AND  COPPER 
PLATE  ENGRAVING  AND  PRINTING  INDUSTRY  FOR  A  TEMPO- 
RARY STAY  OF  THE  PROVISIONS  OF  CLAUSE  1,  PARAGRAPH  2, 
SUB-SECTION  23-B  (b),  ARTICLE  II,  OF  THE  GRAPHIC  ARTS  CODE 

A  Code  of  Fair  Competition  for  the  Grapiiic  Arts  Industries  was 
approved  by  the  President  February  17,  1934. 

Application  having  been  duly  made  by  the  National  Code  Author- 
ity for  the  Steel  and  Copper  Plate  Engraving  and  Printing  Industry 
for  a  temporary  stay  of  provisions  of  Clause  1,  Paragraph  2,  Sub- 
section 23-B  (b),  Article  II,  of  the  Graphic  Arts  Code,  pending  the 
organization  of  this  industry  under  the  Code  to  the  extent  necessary 
to  gather  the  information  required  by  the  said  provisions;  and  upon 
consideration  of  a  report  of  the  Deputy  Administrator  recommending 
that  such  temporary  stay  be  granted,  approved  by  the  Division 
Administrator;  and  finding  that  such  temporary  stay  is  necessary  in 
the  interests  of  justice; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  pursuant  to  the  au- 
thority vested  in  me  by  Executive  Orders  of  the  President,  including 
Executive  Order  No.  6543-A,  dated  December  30,  1933,  and  other- 
wise, do  hereby  stay  for  a  period  of  thirty  (30)  days  the' provisions 
of  Clause  1,  Paragraph  2,  Sub-section  23-B  (b).  Article  II,  of  the 
Code  of  Fair  Competition  for  the  Grapiiic  Arts  Industries,  as  applied 
to  establishments  included  in  the  Steel  and  Copper  Plate  Engraving 
and  Printing  Industry;  provided,  however,  that  any  adjustment 
which  may  be  required  at  the  expiration  of  this  stay  shall  be  made 
retroactive  and  effective  as  of  July  23,  1934. 

This  Order  is  revocable  by  the  Administrator  at  any  time. 

Hugh  S.  Johnson, 

Administrator. 

Stay  recommended: 
George  Buckley, 

Division  Seven. 

August  11,  1934. 


660 


ADMINISTRATIVE  ORDER  NO.  458-9 

Code  of  Fair  Competition  for  the  Wholesale  Confectioners* 
Industry — Approval  of  Plan  to  Govern  Sale  of  "Distressed 
Candy" 

Pursuant  to  Article  VIII,  Rule  5  (c)  of  the  Code  of  Fair  Competi- 
tion for  the  Wliolesale  Confectioners'  Industry,  and  upon  the  recom- 
mendation of  the  Code  Authority  for  the  Wliolesale  Confectioners' 
Industry  and  the  Administration  representative  thereon,  I  hereby 
order  that: 

No  member  of  the  Industry  shall  sell  "distressed  candy"  or  "job 
lots"  unless, 

(1)  the  words  "job  lot"  are  stamped  legibly  on  each  box  or 
carton  sold  as  such  and, 

(2)  that  each  invoice  covering  the  sale  of  such  merchandise 
shall  have  a  notice  thereon  that  the  same  is  sold  as  a  "job  lot ". 

This  order  shall  become  effective  on  the  tenth  day  after  the  date 
hereof  unless  prior  to  such  time  cause  to  the  satisfaction  of  the 
Administrator  shall  be  shown  to  the  contrary. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 

Washington,  D.C, 

-      August  11,  1934. 


661 


ADMINISTRATIVE  ORDER  NO.  150-16 

Stating   Code   Provisions   Relevant  to   Prices   Covering 
Installation  Costs 


CODE  OF  FAIR  COMPETITION  FOR  THE  ASPHALT  AND  MASTIC 
TILE  INDUSTRY— GRANTING  APPLICATION  FOR  A  STAY  OF  THE 
PROVISIONS  ARTICLE  VII,  SECTION  3. 

WHEREAS,  an  application  has  been  made  by  David  E.  Kennedy, 
Incorporated,  for  a  stay  of  the  operation  of  the  provisions  of  Article 
VII,  Section  3  of  the  Code  of  Fair  Competition  for  the  Asphalt  and 
Mastic  Tile  Industry  insofar  as  they  requii'e  publication  of  the  prices 
covering  the  installation  of  products  of  the  Industry  and  accessories 
necessary  to  complete  installation,  and 

WHEREAS,  hearings  have  been  duly  held  thereon,  the  Assistant 
Deputy  Administrator  has  reported,  and  it  appears  to  my  satisfac- 
tion, that  the  stay  hereinafter  granted  is  necessary  and  will  tend  to 
effectuate  the  policies  of  Title  I  of  the  National  Industrial  Recovery 
Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  operation  of  said  provisions  of  said  Code  in- 
sofar as  they  requke  publication  of  prices  covering  the  installation 
of  products  of  this  Industry  and  accessories  necessary  to  complete 
installation  be  and  it  is  hereby  stayed  as  to  all  parties  subject  thereto, 
until  such  time  as  this  stay  is  modified  or  terminated  by  my  further 
order. 

Hugh  S.  Johnson, 
Administrator  jor  Industrial  Recovery. 

Order  recommended: 
C.  E.  Adams, 
by  F.  S.  Strong,  Jr., 

Division  Administrator. 

August  13,  1934. 


662 


ADMINISTRATIVE  ORDER  NO.  145-20 

Code  of  Fair  Competition  for  the  Furniture  Manufacturing 
Industry — Order,  Approving  Cost  Formula 

An  application  having  been  duly  made  to  me  pursuant  to  the  pro- 
vision of  Article  VII  of  the  Code  of  Fair  Competition  for  the  Furniture 
Manufacturing  Industry,  for  my  approval  of  the  Cost  Formula 
devised  by  the  Code  Authority  for  the  Furniture  Manufacturing 
Industry,  and  the  Deputy  Administrator  having  rendered  a  report 
to  me  recommending  that  I  approve  such  Cost  Formula, 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me  by  Elsecu- 
tive  Orders  of  the  President,  by  Article  VII  of  the  Code  of  Fair 
Competition  for  the  Furniture  Manufacturing  Industry,  and  other- 
wise, do  hereby  incorporate  by  reference  said  report  and  recommenda- 
tion and  do  find  that  such  Cost  Formula  complies  in  all  respects  with 
the  pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
Title  I  of  the  National  Industrial  Recovery  Act,  and  do  hereby  order 
that  said  Cost  Formula  be  and  it  hereby  is  approved;  provided  that: 

This  approval  and  said  Cost  Formula  shall  not  become  effective 
for  a  period  of  ten  (10)  days  after  the  date  hereof,  in  order  that 
consideration  may  be  given  the  objections  thereto,  if  any,  of  interested 
parties;  at  the  expiration  of  such  period  this  order  shall  become 
effective  unless  I,  by  my  further  Order,  otherwise  determine;  and 
further  provided,  however,  that  this  approval  is  subject  to  my  right 
at  any  time  to  cancel  or  modify  this  Cost  Formula  or  any  provision 
thereof. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  13,  1934. 


663 


ADMINISTRATIVE  ORDER  NO.  399-8 

Order,  Code  of  Fair  Competition  for  the  Household  Goods 
Storage  and  Moving  Trade — Recognition  of  Temporary 
Industrial  Members,  Appointment  of  Temporary  Labor 
Representatives  and  Authorization  of  National  Industrial 
Relations  Board  for  the  Household  Goods  Storage  and 
Moving  Trade 

WHEREAS,  Article  V,  Section  13  provides  in  the  first  three  para- 
graphs as  follows: 

"There  shall  be  established  a  National  Industrial  Relations  Board 
for  the  Trade,  consisting  of  two  (2)  representatives  of  members  of 
the  Trade,  and  two  (2)  representatives  of  employees  of  members  of 
the  Trade.  Tliis  Board  shall  have  the  power  to  mediate,  arbitrate 
and  conciliate  alleged  violations  and  non-observance  of  the  labor  pro- 
visions of  this  Code  and  disputes  between  employers  and  employees 
and  to  make  recommendations  thereon  to  the  Administrator;  to 
provide,  subject  to  the  approval  of  the  Administrator,  rules  for  the 
selection  of  its  own  members  and*  those  of  local  Boards,  and  rules 
and  regulations  for  procedure  and  conduct  of  these  Boards;  to  estab- 
lish Regional,  State  and  Divisional  Boards  similarly  constituted;  and 
to  provide  for  the  selection  of  the  members  of  these  Boards;  and  it 
vshall  also  advise  and  cooperate  with  the  Code  Authority  and  the 
Administrator  on  all  matters  of  industrial  relations. 

"The  rules  and  regulations  prescribed  shall  include  rules  for  rea- 
sonable notice  to  interested  parties  and  for  appeal  from  the  Regional 
State  and  Division  Boards  to  the  National  Industrial  Relations  Board 
and  to  the  Administrator. 

"Until  such  time  as  an  election  of  members  of  the  National  Indus- 
trial Relations  Board  is  conducted  as  above  provided  and  repre- 
sentatives so  chosen  assume  membership  on  such  Board,  the  employees' 
representatives  shall  be  appointed  by  the  Administrator  from  a  panel 
of  nominess  submitted  by  the  Labor  Advisory  Board  of  the  National 
Recovery  Administration.  The  representatives  of  the  Trade  shall  be 
appointed  by  the  Code  Authority;"  and 

WHEREAS,  the  temporary  Code  Authority  for  the  Household 
Goods  Storage  and  Moving  Trade  has  appointed  as  temporary  repre- 
sentatives of  members  of  the  Trade  for  the  National  Industrial  Rela- 
tions Board,  as  provided  in  Article  V,  Section  13,  paragraph  3  of  said 
Code:    C.  J.  Hamilton  and  Joseph  W.  Glenn:  and 

WHEREAS,  the  Labor  Advisory  Board  of  the  National  Recovery 
Administration  has  submitted  the  following  panel  of  nominees  as 
temporary  representatives  of  employees  of  members  of  the  Trade 
on  said  Board:  Thomas  P.  O'Brien,  John  J.  McKenna  and  Fred 
Tobin,  and  the  Administrator  from  such  panel  has  appointed  the  said 
Thomas  P.  O'Brien  and  John  J.  McKenna  to  serve  as  such  temporary 
representatives:    and 


664 

WHEREAS,  it  appears  to  the  satisfaction  of  the  Administrator 
that  the  recognition  of  the  temporary  representatives  of  members  of 
the  Trade  appointed  by  the  temporary  Code  Authority  and  the 
appointment  of  temporary  representatives  of  employees  of  members 
of  the  Trade  to  said  National  Industrial  Relations  Board  will  tend  to 
effectuate  the  policies  of  Title  I  of  the  National  Industrial  Recovery 
Act: 

NOW,  THEREFORE,  pursuant  to  the  authority  vested  in  me  by 
virtue  of  the  Executive  Orders  of  the  President,  the  Code  of  Fair 
Competition  for  the  Household  Goods  Storage  and  Moving  Trade, 
and  otherwise,  it  is  hereby  ordered  that  Thomas  P.  O'Brien  and 
John  J.  McKenna  be  and  they  hereby  are  appointed  as  temporary 
representatives  of  employees  of  members  of  the  Trade  on  said  National 
Industrial  Relations  Board,  and  that  C.  J.  Hamilton  and  Joseph  W. 
Glenn  be  and  they  hereby  are  recognized  as  the  temporary  represen- 
tatives of  the  members  of  the  Trade,  thereon:  and  it  is  further  ordered 
that  said  National  Industrial  Relations  Board  be  and  it  is  hereby 
officially  authorized  to  carry  out  its  powers  set  forth  in  Article  V, 
Section  13  of  the  Code  of  Fair  Competition  for  the  Household  Goods 
Storage  and  Moving  Trade  as  provided  in  the  first  three  paragraphs 
of  said  Article  V,  Section  13  quoted  above  and  paragraphs  4  and  5 
of  said  Article  and  Section  as  follows: 

"Whenever  the  National  Industrial  Relations  Board  is  unable  to 
obtain  a  majority  vote,  it  shall  elect  an  impartial  member  to  cast  the 
deciding  vote,  and  in  the  event  of  a  failure  so  to  elect  such  a  member,, 
the  Administrator  shall  appoint  him. 

"In  the  selection  and  functioning  of  the  National  Industrial  Rela- 
tions Board  or  of  any  Industrial  Relations  Board  established  under 
rules  made  by  it,  the  employees  shall  enjoy  the  protection  extended 
to  them  under  Section  7  (a)  of  the  Act." 

Hugh  S.  Johnson, 

Administrator.. 

Order  recommended: 

William  P.  Farnsworth, 

Acting  Division  Administrator. 

August  13,  1934. 


665 


ADMINISTRATIVE  ORDER  NO.  72-13 
Granting  Temporary  Man  Hour  Tolerance 


EXEMPTION— CODE:  PACKAGING    MACHINERY,    INDUSTRY   AND 
TRADE;  CODE  NO.  72,  DIVISION  II 

APPLICANT 

Code  authority  for  the  Packaging  Machinery  Industry,  and  Trade. 

FACTS 

Application  having  been  made  by  the  Code  Authority  for  the 
Packaging  Machinerj^,  Industry  and  Trade  for  exemption  for  the 
members  of  said  Industry  from  the  maximum  hours  provisions  of 
the  Packaging  Machinery,  Industry  and  Trade  Code,  and  it  appear- 
ing that  because  of  the  drought  the  United  States  Government  has 
requested  the  meat  packers  of  the  country  to  slaughter  enormous 
quantities  of  cattle,  that  the  meat  packers  have  put  an  unusually 
heavy  burden  on  the  Packaging  Machinery,  Industry  and  Trade  to 
supply  the  machines  necessary  to  preserve  the  perishable  meat,  and 
it  further  appearing  that  the  corn  crop  of  the  country  is  ready  for 
harvest,  which  will  place  a  burden  on  the  already  heavily  taxed 
resources  of  the  Packaging  Machinery,  Industry  and  Trade  to  supply 
sufficient  machines  and  it  further  appearing  that  loss  of  perishable 
animal,  and/or  vegetable  products  will  result  if  there  is  delay  in 
furnishing  equipment  and  that  all  of  the  employees  skilled  in  the 
Packaging  Machinery,  Industry  and  Trade  have  been  absorbed  into 
the  Industry. 

RULING 

NOW,  THEREFORE,  pursuant  to  the  authority  vested  in  me  by 
the  Administrator  for  Industrial  Recovery,  and  otherwise,  it  is  ruled 
that  the  members  of  the  Industry  who  are  confronted  with  an  emer- 
gency where  delay  in  furnishing  equipment  might  result  in  the  loss 
of  perishable  animal,  fruit,  or  vegetable  products  are  exempted  from 
the  maximum  hour  provisions  of  the  Code  of  Fair  Competition  for 
the  Packaging  Machinery,  Industry  and  Trade  in  that  such  members 
may  work  employees  engaged  in  the  making  of  the  products  of  the 
Industry  a  15%  man  hour  tolerance  above  the  maximum  hours  pro- 
vision as  contained  in  Article  VIII,  Section  1  of  the  Code  of  Fair 
Competition  for  the  Packaging  Machinery,  Industry  and  Trade. 
Provided,  however,  that  not  less  than  time  and  one-half  his  regular 
rate  shall  be  paid  to  each  employee  for  all  hours  worked  in  excess  of 
8  hours  in  any  one  day,  or  40  hours  in  any  one  week;  provided,  further, 
that  each  employer  availing  himself  of  the  tolerance  herein  granted 
shall  file  with  the  National  Industrial  Recovery  Administration  such 


666 

reports  as  may  be  requested  by  the  Administrator  for  the  purpose  of 
determining  whether  this  exemption  is  necessary;  and  provided 
further  that  the  exemption  herein  granted  shall  terminate  on  the 
expiration  of  the  sixtieth  day  after  the  date  of  this  Order,  unless  I, 
by  my  further  Order,  otherwise  direct. 

Barton  W.  Murray, 


Division  Administrator. 


Recommended: 

Neal  W.  Foster, 

Deputy  Administrator, 

Washington,  D.C, 

August  14,  1934. 


667 


ADMINISTRATIVE  ORDER  NO.  2-21 
Industrial  Relations  Committee,  Membership  and  Expenses 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  SHIPBUILDING 
AND  SHIPREPAIRING  INDUSTRY 

WHEREAS,  on  March  15,  1934,  the  Shipbuilding  and  Ship- 
repairing  Industry  Committee  passed  the  following  resolution: 

"There  shall  be  constituted  by  appointment  of  the  Administra- 
tor for  the  Shipbuilding  and  Shiprepairing  Industry  an  Industrial 
Relations  Committee,  to  be  composed  of  seven  (7)  members:  three  (3) 
to  be  nominated  by  the  Code  Authority  to  represent  the  employers, 
three  (3)  to  be  nominated  by  the  Labor  Advisory  Board  of  the 
National  Recovery  Administration  to  properly  represent  the  em- 
ployees in  the  Industry,  and  one  (1)  to  be  selected  by  the  other 
six;"  and 

WHEREAS,  three  (3)  members  of  the  aforesaid  Committee  were 
duly  appointed  by  me  on  March  26,  1934,  from  a  list  of  nominees 
submitted  by  the  Shipbuilding  and  Shiprepairing  Industry  Commit- 
tee, and  three  (3)  members  were  appointed  by  me  on  April  4,  1934, 
from  representatives  of  employees  recommended  by  the  Labor  Advi- 
sory Board  of  the  National  Recovery  Administration;  and 

WHEREAS,  a  seventh  (7th)  member  of  the  said  Committee  has 
not  3^et  been  selected ;  and 

WHEREAS,  it  is  desired  by  both  Labor  and  Industry  representa- 
tives that  a  seventh  (7th)  member  of  the  Industrial  Relations  Com- 
mittee for  the  Shipbuilding  and  Shiprepairing  Industry  be  not 
selected;  and 

WHEREAS,  it  appears  from  evidence  submitted  to  me  that  the 
Industrial  Relations  Committee  should  be  independent  of  and  not 
subject  to  the  jurisdiction  of  the  Shipbuilding  and  Shiprepairing 
Industiy  Committee,  which  latter  Committee  is  provided  for  under 
Section  8  of  the  Shipbuilding  and  Shiprepairing  Industry  Code,  and 
that  certain  of  the  expenses  of  the  Industrial  Relations  Committee 
should  be  defrayed  out  of  the  funds  allotted  to  the  National  Recovery 
Administration ; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  by  virtue  of  authority 
vested  in  me,  do  hereby  order  that  my  previous  orders  of  March  26, 
1934,  and  April  4,  1934,  whereby  I  appointed  the  Industry  and 
Employee  members,  respectively,  of  the  Industrial  Relations  Commit- 
tee for  the  Shipbuilding  and  Shiprepairing  Industry,  be  amended  by 
omitting  the  provision  requiring  the  selection  by  the  Industrial 
Relations  Commxittee  of  a  seventh  (7th)  member. 

It  is  further  ordered  that  the  Industrial  Relations  Commiittee  be 
and  is  hereby  made  independent  of  and  not  subject  to  the  jurisdiction 

86360—34 33 


668 

of  the  Shipbuilding  and  Shiprepairing  Industry  Committee  herein- 
above referred  to. 

It  is  further  ordered  that  the  National  Recovery  Administration 
shall  set  aside  a  reasonable  portion  of  the  funds  allotted  to  it  to  cover 
the  Committee's  office  expenses,  travelling  and  subsistence  expenses 
of  each  of  its  members  when  on  official  business  in  connection  with 
the  performance  of  his  duties  as  a  member  of  the  said  Committee, 
and  funds  for  the  payment  of  such  secretarial,  clerical  and  technical 
assistance  as  the  Committee  may  require  in  the  performance  of  its 
duties.  In  addition  to  the  above,  each  Member  of  the  Committee 
shall  be  entitled  to  a  per  diem  of  Fifteen  Dollars  ($15.00)  for  each 
day  of  actual  attendance  at  any  and  all  meetings  of  the  Committee 
and  when  on  official  business  for  the  said  Committee,  from  the  time 
of  departure  to  the  time  of  return;  provided,  however,  that  any 
financial  commitments  made  by  the  Committee  shall  be  subject  to 
the  fiscal  regulations  of  the  National  Recovery  Administration;  and 
provided  further,  that  before  any  expenses  incurred  by  the  Com- 
mittee or  any  of  its  members  are  paid  by  the  National  Recovery 
Administration  vouchers  therefor  shall  be  duly  authenticated  by  the 
Secretary  of  the  Committee  and  shall  be  subject  to  review  and  dis- 
approval by  the  National  Recovery  Administration. 

Hugh  S.  Johnson, 
Administrator  Jor  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

August  15,  1934. 


669 


ADMINISTRATIVE  ORDER  NO.  135-10 

Order,  Code  op  Fair  Competition  for  the  Cigar  Container 
Industry — Approving  Uniform  Method  of  Cost  Inclusion 
AND  Application 

WHEREAS,  Article  VIII,  Section  (a)  of  the  Code  of  Fair  Competi- 
tion for  the  Cigar  Container  Industry,  provides  as  follows: 

"(a)  The  Authority  shall  employ  a  firm  of  representative 
certified  public  accountants  to  formulate  and  submit  to  it  a 
uniform  method  of  cost  inclusion  and  application,  and  when 
this  shall  have  been  adopted  by  the  Authority,  and  approved 
by  the  Administrator,  each  member  of  the  Industry  shall  immedi- 
ately proceed  definitely  to  determine  the  cost  of  each  type  of 
container  he  produces  in  accordance  with  the  method  so  adopted, 
and  with  regulations  issued  by  the  Authority  thereunder. 
Members  of  the  Industry  shall  be  entitled,  if  they  so  desire,  to 
employ  their  o^ti  certified  public  accountants,  provided  that  in 
ascertaining  their  costs  through  their  own  certified  accountants 
they  shall  comply  with  the  requirements  of  the  uniform  method 
of  cost  inclusion  adopted  and  approved  as  herein  provided.", 

and 

WHEREAS,  pursuant  to  said  provisions  the  Code  Authority  has 
submitted  for  my  approval  a  uniform  method  of  cost  inclusion  and 
application  for  the  Cigar  Container  Industry,  which  method  is 
marked  Exhibit  "A"  and  filed  herewith,  and 

WHEREAS,  an  opportunity  to  be  heard  thereon  has  been  afforded 
all  members  of  said  Industry,  and  any  objections  filed  have  been  duly 
considered,  and 

WHEREAS,  the  Deputy  Administrator  has  reported  and  it  appears 
to  my  satisfaction  that  my  approval  of  said  uniform  method  of  cost 
inclusion  and  application  for  the  Cigar  Container  Industry  is  necessary 
and  will  tend  to  eft'ectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recovery  Act, 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  by  said 
provisions  of  Article  VIII,  Section  (a)  of  the  Code  of  Fair  Competi- 
tion for  the  Cigar  Container  Industry,  and  by  Executive  Orders  of 
the  President,  it  is  hereby  ordered  that  the  said  uniform  method  of 
cost  inclusion  and  application  for  the  Cigar  Container  Industry, 
marked  Exhibit  "A",  be  and  hereby  is  approved,  subject,  however, 
to  the  condition  that  within  one  hundred  twenty  (120)  days  after  the 
date  hereof  the  Code  Authority  shall  submit  to  me  its  recommenda- 
tions, bp.sed  on  the  operation  of  said  method  for  a  ninety  day  period, 
and  particularly  on  the  operation  of  the  method  of  distribution  of 
overhead  expenses  contained  therein,  and  subject  to  the  further  con- 
dition that  after  the  expiration  of  said  one  hundred  twenty  day 


670 

period,  this  approval  may  be  modified  on  the  basis  of  said  recommen- 
dations or  other  considerations  properly  before  the  National  Recovery 
Administration. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Approval  recommended: 

C.  E.  Adams, 
By  F.  S.  Strong,  Jr.,  _ 

Division  Administrator. 

August  16,  1934. 


671 


ADMINISTRATIVE  ORDER  NOS.  358-10  AND  144-6 
Classification  of  Members 


CLASSIFICATION— CODE:  CYLINDER  MOULD  AND  DANDY  ROLL 
INDUSTRY,  CODE  NO.  358,  DIVISION  IL  CODE:  PAPER  MAKING 
MACHINE  BUILDERS  INDUSTRY,  CODE  NO.  144,  DIVISION  II 

APPLICANT 

Cylinder  Mould  and  Dandy  Roll  Industry  Code  Authority  Spring- 
field, Massachusetts 

FACTS 

Application  having  been  made  for  classification  of  members  of 
Industry  who— 

1.  Recover  cylinder  moulds  only  and  who  do  not  manufacture  or 
repair  cylinder  moulds. 

2.  Manufacturers  of  paper  making  machiner}^  who  make  cylinder 
moulds  as  part  of  their  new  macliines  and  also  as  replacement  parts 
in  competition  witli  cylinder  mould  manufacturers  who  do  not  make 
paper  making  machinery. 

3.  Com.panies  who  manufacture  new  cjdinder  nioukls  for  paper 
machinery  builders  and  for  paper  mills  and  who  also  repair  and  recover 
cylinder  moulds. 

RULING 

Pursuant  to  the  authority  vested  in  me  by  the  Administrator  for 
Industrial  Recovery,  and  otherwise,  it  is  ruled — 

1.  that  members  of  Industry  who  only  recover  cylinder  moulds 
are  subject  to  the  Code  of  Fair  Competition  for  the  Cylinder  Mould 
and  Dandy  Roll  Industry. 

2.  members  of  Industry  who  manufacture  cylinder  moulds  as  part 
of  their  new  paper  making  machines  and  also  as  replacement  parts 
for  paper  making  machinery  are  subject  to  the  Code  of  Fair  Competi- 
tion for  the  Paper  Making  Machine  Builders  Industry  in  the  manu- 
facture of  sucii  cylinder  moulds  as  original  equipment  in  their  new 
paper  making  miacliinery  and  are  subject  to  the  Code  of  Fair  Compe- 
tition for  the  Cylmder  Mould  and  Dandy  Roll  Industry  in  the  re- 
placem.ent,  repair  or  recovering  of  cylinder  moulds. 

3.  Members  of  Industry  who  m^anufacture  new  cylinder  moulds 
for  Paper  Macliinery  Builders  and  for  paper  mills,  and  vvlio  also 
repair  and  recover  cylinder  moulds  are  subject  to  the  Code  of  Fair 
Competition  for  the  Cylinder  Mould  and  Dandy  Roll  Industry. 

Barton  W.  Murray, 

Division  Administrator. 
Recommended: 

Neal  W.  Foster, 

Deputy  Administrator. 

Washington,  D.C, 

August  17,  1934. 


672 


ADMINISTRATIVE  ORDER  NO.  277-15 

Order,  Code  of  Fair  Competition  for  the  Gray  Iron  Foundry 
Industry — Approval  of  Uniform  Cost  and  Estimating 
System 

Piirsiiant  to  the  provisions  of  Section  1  (1)  of  Article  YI  of  the 
Code  of  Fair  Competition  for  th.e  Gray  Iron  Foundry  Industry,  the 
Code  Authority  has  recommended  and  submitted  for  my  approval  a 
Uniform  Cost  and  Estimating-  System  for  the  said  Industry,  the 
original  of  which  is  on  file  with  the  National  Recovery  Administra- 
tion, and  opportunity  to  be  heard  concerning  said  S3'^stem  having 
been  afforded  all  interested  parties  at  a  public  hearing  held  July  6, 
1934,  and  any  objections  thereto  having  been  duly  considered  and 
said  Uniform  Cost  and  Estimating  System  appearing  to  be  reasonable 
and  designed  to  effectuate  the  purposes  of  the  Code  and  of  the 
National  Industrial  Reeoverv  Act, 

NOW,  THEREFORE,  pursuant  to  the  authority  vested  in  me  by 
said  Code  and  by  Executive  Orders  of  the  President,  and  otherwise, 
it  is  herebj^  ordered  that  said  Uniform  Cost  and  Estimating  System 
be,  and  it  is  hereby  approved  for  a  period  of  ninety  days  from  this 
date,  provided,  that  before  the  termination  of  said  period  the  Code 
Authority  for  said  Industry  shall  furnish  to  the  National  Recovery 
Administration  such  reports  pertinent  to  the  question  whether  said 
Uniform  Cost  and  Estimating  System  will  tend  to  effectuate  the 
purposes  of  said  Section  1  (1)  of  Article  VI  of  said  Code  and  the 
policies  of  Title  I  of  said  Act  as  I  may  require ;  and  provided  further 
that  after  the  termination  of  said  ninety  day  period  this  order  of 
approval  of  said  Uniform  Cost  and  Estimating  System  shall  be  and 
remain  in  full  force  and  effect  until  my  further  order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  Recommended: 
Barton  W.  Murray, 

Division  Administrator. 

August  17,  1934. 


673 


ADMINISTRATIVE  ORDER  NO.  459-8 

Code  of  Fair  Competition  for  the  Bottled  Soft  Drink  Indus- 
try— Approval  of  Deposit  Rules  and  Regulations  for  the 
Atlantic  Region,  Southern  Region,  Central  Region,  West- 
ern Region,  Pacific  Region  and  Minimum  Schedule  of  De- 
posits ON  Containers 

WHEREAS,  pursuant  to  Article  VII,  Section  5  of  the  Code  of 
Fair  Competition  for  the  Bottled  Soft  Drink  Industry,  the  Code 
Authority  has  submitted  under  date  of  July  24,  1934  to  the  Adminis- 
trator, deposit  rules  and  regulations  for  the  Atlantic  Region,  Southern 
Region,  Central  Region,  Western  Region,  Pacific  Region  and  Mini- 
mum Schedule  of  Deposits  on  Containers  for  the  Bottled  Soft  Drink 
Industry,  same  being  on  file  with  the  Administrator; 

NOW,  THEREFORE,  on  the  recommendation  of  the  Bottled 
Soft  Drink  Code  Authority  and  the  Administration  member  thereon, 
and  pursuant  to  authority  vested  in  me,  it  is  ordered  that  said  deposit 
rules  and  regulations  and  minimum  schedule  of  deposits  on  con- 
tainers be,  and  the  same  are  hereby  approved;  and  shall  become 
effective  on  the  tenth  (10)  day  after  the  date  hereof  unless  prior  to 
such  time  cause  to  the  satisfaction  of  the  Administrator  shall  be  shown 
to  the  contrary. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 

Washington,  D.C, 

August  18,  1934. 


674 


ADMINISTRATIVE  ORDER  NO.  291-5 

Order,  Code  of  Fair  Competition  for  the  Wood  Cased  Lead 
Pencil  Manufacturing  Industry — Approval  of  Simplifica- 
tion AND  Standardization  Schedule 

WHEREAS,  the  Code  of  Fair  Competition  for  the  Wood  Cased 
Lead  Pencil  Manufacturing  Industry  provides  in  Article  VIII  as 
follows: 

"The  Code  Authority  with  the  approval  of  the  Administrator  shal 
have  power  to  adopt  a  schedule  for  the  simplification  of  the  variety 
of  industry  products  and  for  the  standardization  of  specifications  for 
the  prescribed  classes  and  types  of  industry  products  and  their  pack- 
aging, including  the  designation  of  types  which  may  be  sold  as  blanks 
and  imprints  or  for  advertising  purposes.  Such  schedule  when 
approved  by  the  Bureau  of  Standards  of  the  Department  of  Com- 
merce, and  the  Administrator,  shall  be  distributed  to  all  members  of 
the  industry  whose  addresses  are  known,  with  an  effective  date  fixed 
by  the  Code  Authority.  After  such  eft'ective  date  all  members  of  the 
industry  shall  conform  to  the  provisions  of  such  schedule."  and 

WHEREAS,  said  schedule  for  the  simplification  of  the  variety  of 
industiy  products  and  for  the  standardization  of  specifications  for 
the  prescribed  classes  and  types  of  industry  products  and  their 
packaging,  including  the  designation  of  types  which  may  be  sold  as 
blanks  and  imprints  or  for  advertising  purposes  have  been  submitted 
in  full  accordance  with  said  Code  for  my  approval,  and 

WHEREAS,  the  National  Bureau  of  Standards  has  indicated  its 
approval  of  said  schedule  and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it  appears 
to  my  satisfaction  that  said  schedule  is  well  designed  to  promote  the 
purposes  of  Title  I  of  the  National  Industrial  Recovery  Act  and  the 
said  Code. 

NOW,  THEREFORE,  pursuant  to  provisions  of  said  Code  and 
pursuant  to  authority  vested  in  me  by  Executive  Orders  of  July  15, 
1933  and  the  Executive  Order  of  December  30,  1933,  and  otherwise, 
I  hereby  approve  the  annexed  schedule  for  the  simplification  of  the 
variety  of  industrj'^  products  and  for  the  standardization  of  specifi- 
cations for  the  prescribed  classes  and  types  of  industry  products  and 
their  packaging,  including  the  designation  of  types  which  may  be 
sold  as  blanks  and  imprints  or  for  advertising  purposes. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Barton  W.  Murray, 

Division  Administrator. 

Washington,  D.C, 

August  18,  1934. 


675 


ADMINISTRATIVE  ORDER  NO.  X-74 

Government  Contracts  and  Contracts  Involving  the  Use  op 

Government  Funds 


APPLICATION  OF  EXECUTIVE  ORDER  NO.  6646 

Exception  No.  36. 

August  20,  1934. 

Upon  the  Recommendation  of  the  Bureau  of  Lighthouses, 
Department  of  Commerce,  Through  the  Procurement  Divi- 
sion, Treasury  Department 

By  virtue  of  the  delegation  of  authority  by  the  President  of  the 
United  States  in  Paragraph  5  of  Executive  Order  6646  the  following 
exception  from  the  operation  of  the  Order  is  hereby  made: 

''Contracts  with  the  Pintsch  Compressing  Company  of  New 
Haven,  Connecticut,  for  furnishing  gas  to  the  Superintendent 
of  Lighthouses,  during  the  fiscal  year  1935." 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 


676 


ADMINISTRATIVE  ORDER  NO.  X-75 

Government  Contracts  and  Contracts  Involving  the  Use  of 

Government  Funds 


APPLICATION  OF  EXECUTIVE  ORDER  NO.  6646 

Exception  No.  37. 

August  20,  1934. 

Upon  the  Recommendation  of  the  Office  of  Budget  and  Finance, 
Department  of  Agriculture,  Through  the  Procurement  Di- 
vision, Treasury  Department 

By  virtue  of  the  delegation  of  authority  by  the  President  of  the 
United  States  in  Paragraph  5  of  Executive  Order  6646,  the  follomng 
exception  from  the  operation  of  the  Order  is  hereby  made: 

"Contracts  with  the  Globe  Wireless,  Ltd.,  in  furnishing 
radio  teiegrapiiic  service  for  the  transmission  and  reception  of 
reports  of  weather  observations  for  the  use  of  the  Weather 
Bureau  during  the  fiscal  year  1935." 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 


677 


ADMINISTRATIVE  ORDER  NO.  X-76 

Government  Contracts  and  Contracts  Involving  the  Use  of 
Government  Funds 


APPLICATION   OF   EXECUTIVE   ORDER   NO.  6646 

Exception  No.  38. 

August  20,  1934. 

Upon  the  Recommendation  of  the  Commissioner  of  Internal 
Revenue,  Through  the  Procurement  Division,  Treasury 
Department 

^  By  virtue  of  the  delegation  of  authority  by  the  President  of  the 
United  States  in  Paragraph  5  of  Executive  Order  6646,  the  following 
exception  from  the  operation  of  the  Order  is  hereby  made: 

"Contract  between  the  Bureau  of  Internal  Revenue  and 
the  New  Central  Garage,  liic,  Roanoke,  Virginia,  during  the 
fiscal  year  1935." 

Hugh  S.  Johnson, 
Administrator  Jor  Industrial  Recovery. 


678 


ADMINISTRATIVE  ORDER  NO.  X-77 

Government  Contracts  and  Contracts  Involving  the  Use  op 

Government  Funds 


APPLICATION  OF  EXECUTIVE  ORDER  NO.  6646 

Exception  No.  39. 

August  20,  1934. 

Upon  Recommendation  of  the  Post  Office  Department,  Through 
the  Procurement  Division,  Treasury  Department 

By  virtue  of  the  delegation  of  authority  by  the  President  of  the 
United  States  in  Paragraph  5  of  Executive  Order  6646,  the  following 
exception  from  the  operation  of  the  Order  is  hereby  made: 

"Contract  with  the  Nueces  Transportation  Company  for 
street  car  tickets  to  the  postmaster  at  Corpus  Chris ti,  Texas, 
during  the  fiscal  year  1935." 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 


679 


ADMINISTRATIVE  ORDER  X-78 

Code  Administration,  Collection  of  Expenses  of 

By  virtue  of  the  authority  vested  in  me  as  Administrator  for  In- 
dustrial Recover}^,  I  hereby  order  that,  pending  my  further  order 
clarifying  the  problem  of  multiple  assessments  in  the  Distributing 
Trades,  no  order  of  termination  of  the  exemption  under  Paragraph 
III  of  Administrative  Order  X-36,  which  is  hereafter  granted,  shall 
be  construed  to: 

(1)  Requu-e  any  member  of  any  trade  or  industry  to  contribute 
to  the  expenses  of  administration  of  any  code  covering  wholesale 
distribution  done  by  such  member  other  than  that  code  which 
covers  his  principal  line  of  wholesale  distribution  (provided,  however, 
that  nothing  herein  contained  shall  prevent  the  termination  of  the 
exemption  as  to  any  business  of  said  member  other  than  wholesaling). 

(2)  Requu-e  any  member  of  any  trade  or  industry  to  contribute 
to  the  expenses  of  administration  of  any  code  covering  retail  distri- 
bution done  by  such  member  other  than  that  code  which  covers  his 
principal  line  of  retail  distribution  (provided,  however,  that  nothing 
herein  contained  shall  prevent  the  termination  of  the  exemption 
as  to  any  business  of  said  member  other  than  retailing). 

Nothing  herein  shall  prevent  or  invalidate  agreem^ents  now  in 
existence  or  hereafter  made  between  two  or  more  code  authorities, 
with  the  approval  of  the  Administrator,  with  respect  to  the  collec- 
tion, or  allocation  of  assessments, 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Washington,  D.C, 

August  21,  1934. 


680 


ADMINISTRATIVE  ORDER  NO.  43-24 

Continuing  Code  Provision  Relevant  to  Control  of 
Production 


CODE  OF  FAIR  COMPETITION  FOR  THE  ICE  INDUSTRY 

Upon  further  consideration  of  the  testimony  adduced  at  the  hear- 
ings held  before  the  Deputy  Administrator  in  charge  of  the  Ice 
Industry,  which  hearings  were  held  on  September  8,  1933  and  April 
6,  1934,  pertaining  to  Article  XI  of  the  Code  of  Fair  Competition  for 
the  Ice  Industry,  and  upon  further  consideration  of  the  findings  of 
fact  and  recommendations  made  by  the  Deputy  Administrator,  which 
findings  and  recommendations  were  made  on  August  21,  1934,  and 
are  attached  hereto  and  made  a  part  hereof  as  if  they  were  incor- 
porated herein  in  full, 

I,  Hugh  S.  Johnson,  Administrator  for  Industrial  Recovery,  pur- 
suant to  the  authorit}^  vested  in  me  by  Title  I  of  the  National  Indus- 
trial Recovery  Act  and  by  the  Executive  Orders  of  the  President, 
including  Executive  Order  No.  6205-A,  dated  July  15,  1933,  and 
Executive  Order  No.  6543-A,  dated  December  30,  1933,  and  other- 
wise, do  hereby  find  that, 

(1)  Article  XI  of  the  Code  of  Fair  Competition  for  the  Ice  Industry 
is  temporarily  required  to  effect  the  purposes  embodied  in  the  decla- 
ration of  policy  in  Section  1  of  Title  I  of  the  National  Industrial 
Recovery  Act; 

(2)  Article  XI  of  the  Code  of  Fair  (Competition  for  the  Ice  Industry 
is  a  regulation  necessary,  reasonable  and  proper  in  aid  of  such  other 
provisions  of  the  Code  as  pertain  to  wages,  hours  and  other  labor 
provisions  and  to  the  anti-dumping  provision; 

(3)  In  view  of  the  large  number  of  persons,  firms,  or  corporations 
engaged  in  the  Industry,  and  in  view  of  the  fact  that  further  increase 
of  production  facilities  may  be  had  upon  approval  of  the  Administra- 
tor, upon  the  showing  of  public  convenience  and  necessity  therefor. 
Article  XI  of  the  said  Code  of  Fair  Competition  would  not  tend  to 
create  a  monopoly  in  tliis  line  of  commerce ; 

(4)  In  view  of  the  fact  that  Article  XI  operates  to  exclude  future 
enterprises  only  in  fields  where  additional  ice  production  facilities  are 
not  necessary  and  will  be  uneconomical,  it  is  a  provision  which  can- 
not contravene  the  provision  in  the  National  Industrial  Recoveiy 
Act  that  the  codes  of  fair  competition  should  not  be  designed  "to 
eliminate  or  oppress  small  enterprises";  and  since  the  provision  oper- 
ates equally  against  all  persons  who  might  wish  to  construct  new 
ice  plant  facilities,  it  is  not  a  provision  which  might  "operate  to  dis- 
criminate against"  any  small  enterprises. 


681 

It  is  further  ordered  that  Article  XI  of  the  said  Code  of  Fair  Com- 
petition for  the  Ice  Industry  be  continued  in  full  force  and  effect. 

Hugh  S.  Johnson, 
Administrator  j or  Industrial  Recovery. 

Approval  recommended: 
Geo.  L.  Berry, 

Division  Administrator. 

August  21,  1934. 


(]H2 


ADMINISTRATIVE  ORDER  NO.  330A-2 

Order,  Supplementary  Code  of  Fair  Competition  for  the 
Waste  Paper  Trade — Establishing  and  Publishing  Mini- 
mum Net  Prices  for  Certain  Products  of  the  Waste  Paper 
Trade  for  a  Period  of  Ninety  (90)  Days 

WHEREAS  I  have  found,  after  investigation,  as  a  result  of  destruc- 
tive price  cutting  in  the  Waste  Paper  Trade,  that  an  emergencj^  has 
arisen  within  said  Trade  which  is  adversely  affecting  small  enter- 
prises, labor  conditions  and  other  conditions  tending  to  defeat  the 
purposes  of  the  National  Industrial  Recovery  Act  as  approved  June 
16,  1933,  and  that  the  determination  of  stated  minhnum  prices  for 
specified  products  of  the  said  Trade,  as  hereinafter  enumerated  and 
defined,  for  a  limited  period,  as  hereinafter  set  forth,  is  necessary 
to  mitigate  the  condition  constituting  such  emergency  and  to  effec- 
tuate the  pui'poses  of  said  Act,  and  the  Code  Authority  for  said 
Trade  having  caused  an  impartial  agency  to  investigate  costs  for  the 
said  products  and  said  agency  having  recommended  to  me  certain 
minunum  prices  for  the  said  products,  and  I  having  found  that  the 
determination  of  such  stated  minimum  prices  would  reasonably  miti- 
gate the  condition  of  such  emergency  and  effectuate  the  purpose  of 
the  National  Industrial  Recovery  Act, 

NOW,  THEREFORE,  pm-suant  to  and  in  full  compliance  with  the 
provisions  of  Article  IV,  Sections  1  and  2,  of  the  Supplemental  Code 
of  Fau'  Competition  for  said  Trade  and  by  virtue  of  the  authority 
vested  in  me  by  Executive  Orders  of  the  President,  and  otherwise; 
it  is  hereby  ordered  and  published  that  the  minimum  net  price  for 
the  following  products  of  said  Trade  for  a  period  of  ninety  (90)  days 
hereafter  shall  be: 

No.  1  Mixed  Papers  (defined  as  all  waste  paper  commonly 
designated  and  known  as  such  in  the  Trade):  $6.50  per  ton, 
f.o.b.  plant, 

Folded  News  (defined  as  clean,  dry,  sorted  newspapers  com- 
monly designated  and  known  as  such  in  the  Trade):  $8.50  per 
ton,  f.o.b.  plant, 

and  that  no  member  of  said  Trade  shall  sell  any  such  products  at  a 
net  realized  price  below  said  aforesaid  minimum  prices  for  the  said 
period;  provided  that  any  attempt  on  the  part  of  the  Waste  Paper 
Trade  to  build  up,  during  the  period  of  emergenc}^,  plans  for  main- 
taining fixed  prices  following  the  emergency,  either  for  buying  or  sell- 
ing, is  directly  contrary  to  the  conditions  on  which  the  emergency  is 
granted;  and  further  provided  that  the  Trade  shall  be  kept  under 
close  observation  by  the  Administrator  during  the  period  of  emergency 
as  to  any  action  looking  toward  the  maintenance  of  fixed  prices;  and 


683 

further  provided  that  the  aforestated  minimum  net  price  for  said 
products  may  be  canceled  or  revised  at  any  time  by  my  further  order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Robert  L.  Houston, 

Division  Administrator. 

Washington,  D.C, 

August  21,  1934. 


86360—34 34 


684 


ADMINISTRATIVE  ORDER  NO.  347-23A 
Increasing  Time  to  Elect  a  Permanent  Code  Authority 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  MACHINERY 
AND  ALLIED  PRODUCTS  INDUSTRY— GRANTING  APPLICATION 
OF  THE  BASIC  CODE  AUTHORITY  FOR  THE  ABOVE  INDUSTRY 
FOR  A  TEMPORARY  EXEMPTION  FOR  THE  ELECTRIC  OVER- 
HEAD CRANE  SUBDIVISION  FROM  CERTAIN  PROVISIONS  OF 
ARTICLE  VI,  PARAGRAPH  (G)  AS  AMENDED  MAY  18,  1934 

WHEREAS,  an  application  lias  been  made  by  the  Basic  Code 
Authority  of  the  Machinery  and  Allied  Products  Industry  on  behalf 
of  the  Electric  Overhead  Crane  Su])division  for  a  temporary  exemp- 
tion from  certain  provisions  of  Article  VI,  Paragraph  (g)  as  amended, 
of  the  Code  of  Fair  Competition  for  the  Machinery  and  Allied  Prod- 
ucts Industry;  and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it  appears 
to  my  satisfaction,  that  the  exemption  hereinafter  granted  is  necessary 
and  will  tend  to  effectuate  the  policies  of  Title  I  of  the  National 
Industrial  Recovery  Act: 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  Electric  Overhead  Crane  Subdivision, 
subject  to  the  above-mentioned  Code,  be  and  it  is  hereby  exempted, 
for  a  period  not  exceeding  ninety  (90)  days,  from  the  provisions  of 
Article  VI,  Paragraph  (g),  as  amended,  of  the  above-mentioned 
Code,  insofar  as  that  paragraph  requires  the  holding  of  a  Subdivision 
meeting  for  the  adoption  of  procedural  rules  and  the  election  of  a 
Permanent  Code  Authority  within  one  hundred  and  twenty  (120) 
days  after  the  efTective  date  of  the  Code; 

PROVIDED,  PIOWEVER,  that  this  Subdivision,  shall  hold  a  duly 
called  Subdivision  meeting  in  accordance  with  the  above-mentioned 
paragraph,  prior  to  the  expiration  of  sixty  (60)  days  after  the  date 
of  this  Order. 


Order  recommended: 
Neal  W.  Foster, 

Deputy  Administrator. 

Washington,  D.C, 

August  22,  1934. 


Barton  W.  Murray, 

Divisio n  Adm in istrator . 


685 


ADMINISTRATIVE  ORDER  NO.  410-15 

Code  of  Fair  Competition  for  the  Retail  Rubber  Tire  and 
Battery  Trade — Declaration  of  Emergency  and  Revised 
Determination  of  Lowest  Reasonable  Cost. 

WHEREAS,  Article  VI,  Section  4  of  the  Code  of  Fair  Competition 
for  the  Retail  Rubber  Tire  and  Battery  Trade,  approved  by  Executive 
Order,  dated  May  1,  1934,  provides  in  part: 

"  \\Tienever  the  Code  Authority  determines  that  an  emergency  exists 
thi'oughout  the  Trade  or  within  the  Trade  in  any  area  and  that  the 
cause  thereof  is  destructive  price  cutting  such  as  to  render  ineffective 
or  to  s'eriousl}^  endanger  the  maintenance  of  the  provisions  of  this 
Code  or  of  the  Act,  and  the  Code  Authority  certifies  its  conclusions 
based  on  such  determinations  to  the  Administrator,  or  the  Adminis- 
trator determines  on  his  own  initiative,  that  an  emergency  exists  as 
herein  set  forth,  the  Administrator  may  thereupon  declare  such  an 
emergency  to  exist.";  and 

WHEREAS,  pursuant  thereto  the  Administrator  has  heretofore 
determined  on  his  own  initiative  that  an  emergency  exists  throughout 
the  trade  and  that  the  cause  thereof  is  destructive  price  cutting  such 
as  to  render  ineffective  or  seriously  endanger  the  maintenance  of  the 
provisions  of  the  said  Code;  and 

WHEREAS,  the  Deputy  Administrator  on  May  2,  1934  rendered 
a  report  en  said  emergency  containing  findings  with  respect  thereto, 
which  report  is  incorporated  herein  by  reference ;  and 

WHEREAS  Article  VI,  Section  4  (c)  of  said  Code  provides  as 
follows: 

"During  the  period  of  the  emergency,  the  determination  of  lowest 
reasonable  cost  ma}'  be  revised  from  time  to  time  at  reasonable  inter- 
vals or  as  changes  in  circumstances  or  experience  may  indicate.";  and 

WHEREAS  the  Deputy  Administrator  has  rendered  the  annexed 
report  on  said  emergency  containing  findings  with  respect  thereto 
and  to  a  revision  of  the  determination  of  lowest  reasonable  cost  set 
forth  in  Administrative  Order  No.  410-3: 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recover^'^,  pursuant  to  authority  vested  in  me  by  Article 
VI,  Section  4  of  the  said  Code  of  Fair  Competition  for  the  Retail 
Rubber  Tire  and  Battery  Trade,  and  otherwise,  do  adopt  and  approve 
the  said  reports,  recommendations  and  findings  of  the  Deputy  Ad- 
irdnistrators  and  do  hereby  find  that  the  emergency  founcl  to  exist 
on  May  3,  1934  continues  and  therefore  declare  that  an  emergency 
exists  throughout  the  Trade  and  that  the  cause  thereof  is  destructive 
price  cuttmg  such  as  to  render  ineffective  or  seriously  endanger  the 
maintenance  of  the  provisions  of  the  said  Code  with  respect  to  the 
sale  or  offering  for  sale  of  tires  and  tubes  and  do  herebj^  determine 
that  the  lowest  reasonable  cost  of  tires  and  tubes  heretofore  estab- 
lished by  Administrative  Order  No.  410-3  be  and  the  same  is  hereby 


686 

revised  as  set  forth  in  Exhibits  marked  "A"  to  "Q"  attached  hereto 
and  hereby  made  a  part  hereof;  and 

DO  HEREBY  ORDER  that  subject  to  my  direction,  such  deter- 
mination of  lowest  reasonable  cost  be  announced  forthwith  to  the 
Members  of  the  Trade,  effective  August  27,  1934;  and 

DO  HEREBY  FURTHER  ORDER  that  during  the  period  of  the 
emergency  and  on  and  after  August  27,  1934  and  subject  to  any 
regulations  attached  hereto  and  hereby  made  a  part  hereof,  no 
Member  of  the  Trade  shall  sell  or  offer  for  sale  or  otherwise  dispose 
of  tires  and  tubes  at  a  net  realized  price  less  than  the  lowest  reason- 
able cost,  so  determined  and  set  forth  in  said  Exhibits;  subject,  how- 
ever, to  my  revisions  thereof  as  during  the  period  of  the  emergency, 
I,  bj^  my  further  orders,  may  direct;  and 

DO  HEREBY  FURTHER  ORDER  that,  effective  August  27, 
1934,  Administrative  Order  No.  410-3  be  and  the  same  is  hereby 
cancelled  to  all  intents  and  purposes  other  than  the  declaration  of  the 
emergency  therein  contained. 

Hugh  S.  Johnson, 
Administrator  Jor  Industrial  Recovery. 

Approval  recommended: 

C.  E.  Adams, 

Division  Administrator. 

Washington,  D.C, 

August  22,  193 1^, 


CODE  OF  FAIR  COMPETITION  FOR  THE  RETAIL  RUBBER 
TIRE  AND  BATTERY  TRADE 

Emergency  Regulations — Tires  and  Tubes 

1.  During  the  emergency,  members  of  the  trade  shall  comply  with 
the  divisions  into  which  tires  and  tubes  have  been  segregated  as  here- 
inbeiow  set  forth  and  no  member  of  the  trade  shall  sell  or  offer  to  sell 
or  otherwise  dispose  of  tires  and  tubes  at  a  net  realized  price  less  than 
the  amounts  specified  in  Exhibits  A  to  O  for  the  respective  division, 
group,  size  and  ply.  Net  realized  price  means  the  actual  sum  real- 
ized from  the  transaction  after  any  trade-in  allowance  or  allowance 
of  any  other  form  or  any  cash  or  trade  discounts.  This  does  not  limit 
a  member  from  selling  tires  and  tubes  at  prices  higher  than  those 
established  in  Exhibits  A  to  O. 

2.  No  member  of  the  trade  shall  at  an 5^  time  change  the  classifi- 
cation of  any  brand  of  tire  or  tube  as  set  forth  in  Exhibits  P  and  Q 
for  any  purpose.  Where  inequalities  or  errors  appear  to  exist,  such 
interested  member  shall  make  application  to  the  Administrator  for 
such  reclassification  as  justice  may  require. 

3.  No  member  of  the  trade  shall  sell  or  offer  for  sale  any  brands  of 
tires  or  tubes  which  have  not  been  classified  in  Exhibits  P  and  Q, 
until  application  has  been  made  to  the  Administrator  and  the  Ad- 
ministrator has  determined  the  proper  classification  of  any  brand  or 
brands. 

4.  No  member  of  the  trade  shall  use  the  classification  of  tires  and 
tubes  set  forth  in  Exhibits  P  and  Q  or  the  divisions  of  tires  and  tubes 
set  forth  hereinbelow  for  advertising  purposes  in  any  form. 

5.  Notwithstanding  the  provisions  of  Article  VII,  Section  20,  of  the 
Code,  no  member  of  the  trade  shall  dispose  of  any  obsolete  or  discon- 
tinued design  tires  or  tubes  during  the  period  of  the  emergency  at  a 
net  realized  price  less  than  the  lowest  reasonable  cost  set  forth  in 
Exhibits  A  to  O  without  first  obtaining  the  approval  of  the  Adminis- 
trator for  such  disposal  b}''  application  through  the  Code  Authority  or 
its  duly  constituted  agency. 

6.  The  divisions  referred  to  hereinabove  shall  be  constituted  as 
follows: 

Division  I.  Tires  and  tubes  bearing  any  of  the  following  names  in 
any  form:  Firestone,  General,  Goodrich,  Goodyear,  United  States. 

Division  II.  Tires  and  tubes  bearing  private  brands  only,  sold  by 
and/or  through  outlets  whose  principal  line  of  business  is  the  market- 
ing of  petroleum  products. 

Division  III.  (1)  Tires  and  tubes  when  sold  by  Montgomery  Ward 
and  Company  and  Sears  Roebuck  and  Companj^  through  their  retail 
stores. 

(2)  Tires  and  tubes  bearing  any  of  the  following  names  in  any 
form:  Badger,  Brunswick,  Diamond,  Federal,  G  and  J,  Gillette, 
Hood,  Marathon,  Miller,  Yale. 

(687) 


688 


(3)  Tires  and  tubes  bearing  any  of  the  following  names  in  any 
form:  Cooper,  Dayton,  Dunlop,  Falls,  Fisk,  Gates,  Giant,  Inland, 
Kelly-Springfield,  Lee,  McClaren,  Mansfield,  Master,  Mohawk, 
Pennsylvania,  Pharis,  Seiberling. 

Division  IV.  Tires  and  tubes  not  included  in  Divisions  I,  II,  III 
and  V. 

Division  V.  Notwithstanding  Divisions  I,  II,  III  and  IV,  tires 
and  tubes  sold  to  the  consumer  through  the  medium  of  regularly 
issued  catalogues,  when  orders  are  received  by  mail  or  telegraph  only 
and  delivery  is  made  by  mail,  express  or  freight  only. 

7.  If  the  operation  of  the  foregoing  divisional  segregation  of  tires 
and  tubes  should  work  unjust  hardship  on  any  member  of  the  trade 
such  member  may  appeal  to  the  Administrator  for  such  relief  as 
justice  may  require. 

Exhibit  A 

Automobile  balloon  casings 

GROUP    A 


Size 

Division  I 

Division  11 

Division  III 

Division  IV 

Division  V 

6-ply 

4-piy 

6-ply 

4-ply 

6-ply 

4-ply 

6-ply 

4-ply 

6-ply 

4-ply 

25  X  3.76-18 

$5.60 
6.40 
6.75 
7.00 
7.45 
7.65 
8.10 
7.60 
8.00 
8.25 
8.55 
9.  55 
8.60 
8.90 
9.15 
9.45 
9.75 
9.70 
10.05 
10.20 
10.56 
11.06 
11.25 
11.60 
12.00 
12.25 

"is.' 55' 

13.85 
14.25 

"i4.'90' 
15.15 

"io.'so' 

12.15 
13.45 
14.10 
14.60 
15.35 
16.90 
18.65 
20.75 
26.15 

"$7.'45' 
8.00 
8.25 
8.50 
8.90 
9.25 
8.90 
9.40 
9.60 
10.00 
10.35 
10.10 
10.40 
10.85 
11.00 
11.40 
10.86 
11.30 
11.65 
12.00 
12.15 
12.56 
12.96 
13.20 
13.55 
13.95 
14.45 
14.10 

14.  45 
14.85 

15.  10 
16.30 

16.  75 

17.  25 
17.80 
18.20 
24.35 
24.85 
25.75 
12.05 
13.40 
13.90 

"ie.'os' 

17.25 

"2i.'o6" 

"u'.40 
14.50 
16.  60 

$5. 16 
6.00 
6.35 
6.55 
6.95 
7.16 
7.60 
7.10 
7.60 
7.76 
8.00 
8.95 
8.06 
8.30 
8.60 
8.85 
9.16 
9.10 
9.40 
9.55 
9.90 
10.35 
10.55 
10.85 
11.25 
11.50 

"ii'TO' 
13.00 
13.35 

""il'oo' 

14.20 

"io.'is' 

11.40 
12.60 
13.20 
13.65 
14.40 
15.86 
17.  36 
19.  45 
24.50 

".$7."  is' 

7.70 
7.95 
S.20 
8.55 
8.90 
8.55 
9.05 
9.25 
9.00 
9.95 
9.70 
10.00 
10.45 
10.60 
10.05 
10.45 
10.86 
11.20 
11.65 
11.70 
12.06 
12.45 
12.70 
13.05 
13.40 
13.90 
13.65 
13.90 
14.30 
14.50 
15.70 

16.  10 
16.60 
17.10 

17.  50 
23.40 
23.90 
24.75 
11.60 
12.90 
13.35 

"is.' 4.5' 

16.60 
"20."  26' 

"ii'oo' 

13.  95 
15.95 

$4.95 
5.75 
6.10 
6.30 
6.70 
6.90 
7.30 
6.85 
7.20 
7.45 
7.70 
8.60 
7.75 
8.00 
8.25 
8.50 
8.80 
8.75 
9.06 
9.20 
9.50 
9.95 
10.15 
10.46 
10.80 
11.05 

"i2.'26' 
12.60 
12.85 

"is.' 45' 

13.65 

""9."  75" 
10.95 
12.10 
12.70 
13.15 
13.85 
16.25 
16.70 
18.70 
23.55 

""$6."  96" 
7.45 
7.65 
7.90 
8.25 
8.60 
8.25 
8.75 
8.90 
9.25 
9.60 
9.35 
9.65 
10.10 
10.20 
10.55 
10.10 
10.45 
10.80 
11.15 
11.30 
11.60 
12.00 
12.25 
12.60 
12.95 
13.40 
13.05 
13.40 
13.80 
14.00 
16.15 
16.65 
16.00 
16.60 
16.90 
22.60 
23.05 
23.90 
11.20 
12.46 
12.90 

"ii.'go" 

16.00 

"iaso" 

"'i2.'45" 
13.45 
16.40 

$4.76 
5.65 
5.90 
6.05 
6.45 
6.65 
7.06 
6.60 
6.95 
7.20 
7.45 
8.30 
7.45 
7.70 
7.95 
8.20 
8.50 
8.45 
8.75 
8.85 
9.15 
9.60 
9.80 
10.10 
10.40 
10.65 

""$6.95' 
G.75 
6.95 
7  o.n 
7.50 

$4.20 

29x4.40-21.          

$7. 95 
S.65 
8.80 
9.10 
9.50 
9.85 
9.60 
10.05 
10.25 
10.65 
11.05 
10.75 
11.10 
11.60 
11.75 
12.16 
11.60 
12. 06 
12.45 
12.80 
13.00 
13.  35 
13.  SO 
14.10 
14.60 
14.86 
15.40 
15.  06 
15.  40 
1.5.  85 
16.10 
17.40 
17.85 
18.40 
19.00 
19.40 
26.95 
26.50 
27.  45 
12.85 
14.30 
14.80 

4.90 

29x4.50-20 

5.2.5 

30  X  4.50-21-  . 

5.40 

28  X  4.75-19 

5.75 

29x4.75-20 

20  X  4  75-21 

27  X  5  00-17 

29x6.00-19. 

7.96 

6.26 

30  X  6  00-20 

31  X  5.00-21 

32  X  5  00-22 

27  X  5  25-17 

'"s.'go" 

6.  SO 

28  X  5.25-18 

7.00 

29  X  5.25-19.          

30  X  5  25  ''O 

31x5.25-21     

9.75 
9.35 
9.65 
10.00 

"l6.'40 
10.70 
11.10 
11.30 
11.60 

7.70 

27x5.50-17 

7.75 

28x6.60-18 

8.05 

29  X  5  50-19 

8.20 

30x5.60-20 

29x6.00-17 

30x6.00-18 

31  X  6.00-19 

32x6.00-20 

33x6.00-21 

34  X  6  00-22 

36  X  6.00-23 

29x6.50-17 

11.76 
12.06 
12.40 

"i2.'95" 
13.15 

12.15 
12.40 
12.70 
13.00 
14.20 
14.55 
15.00 
15.45 
15.80 
21.70 
22.15 

30x6.50-18.          

31x6.50-19 

32  X  6.50-20- 

31  X  7.00-17 

32x7.00-18 

33  X  7.00-19.  -       

34  X  7  00-20 

35x7.00-21.          

31  X  7.50-17 

32  X  7.50-18.          

33  X  7.50-19 

6  00-16 

9.40 
10.  55 
11.65 
12.25 
12.70 
13.35 
14.70 
16.10 
18.05 
22.70 

6.  25-16 

6  50-16 

7  00-15 

7  00-16 

17.15 
18.40 

7.  50-14 

7  50-16 

7  50-16 

22.40 

8  25-15 

9  00-13 

14.30 
15.60 
17.70 

689 


Exhibit  B 

Automobile  balloon  casings 

GROUP    B 


Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

Size 

6-ply 

4-ply 

6-ply 

4-ply 

6-ply 

4-ply 

6-ply 

4-ply 

6-ply 

4-ply 

25  X  3.75-18 

29  X  4.40-21 

$6.90 
7.35 
7.65 
7.90 
8.15 
8.50 
8.15 
8.70 
8.85 
9.15 
9.55 
9.25 
9.60 
9.95 
10.15 
10.50 
9.95 
10.40 
10.70 
11.05 
11.25 
11.55 
11.90 
12.20 
12.45 
12.80 
13.30 
13. 00 
13.30 
13.70 
13.90 
15.  05 
15.40 
15.90 
16.35 
16.80 

$5.50 
5.85 
6.05 
6.45 
6.60 
7.00 
6.50 
6.90 
7.15 
7.35 
8.25 
7.40 
7.65 
7.90 
8.15 
8.40 
8.35 
8.65 
8.80 
9.10 
9.55 
9.75 
9.95 
10.35 
10.60 

$6.50 
6.95 
7.20 
7.45 
7.70 
8.00 
7.70 
8.20 
8.35 
8.65 
9.00 
8.75 
9.05 
9.40 
9.60 
9.90 
9.40 
9.80 
10.10 
10.45 
10.60 
10.90 
11.25 
11.50 
11.75 
12.10 
12.55 
12.25 
12.55 
12.95 
13.10 
14.20 
14.65 
15.00 
15.45 
15.85 

$5.20 
5.50 
5.70 
6.10 
6.25 
6.60 
6.15 
6.50 
6.75 
6.95 
7.80 
7.00 
7.20 
7.45 
7.70 
7.95 
7.90 
8.15 
8.30 
8.60 
9.00 
9.20 
9.40 
9.75 

10.00 

$6.25 
6.65 
6.90 
7.15 
7.40 
7.70 
7.40 
7.85 
8.00 
8.30 
8.65 
8.40 
8.70 
9.00 
9.20 
9.50 
9.00 
9.40 
9.70 
10.05 
10.15 
10.45 
10.80 
11.05 
11.30 
11.60 
12.05 
11.75 
12.  05 
12.45 
12.55 
13.65 
13.95 
14.40 
14.85 
15.20 

$5.00 
5.30 
5.45 
5.85 
6.00 
6.35 
5.90 
6.25 
6.50 
6.65 
7.50 
6.70 
6.90 
7.15 
7.40 
7.65 
7.60 
7.80 
7.95 
8.25 
8.65 
8.85 
9.00 
9.35 
9.60 

$6.10 
5.90 
6.10 
6.35 
6.55 

'"7"05' 
7.20 
7.31 

"""7.'55' 

7.80 
8.15 
8.30 
8.60 
8.20 
8.55 
8.80 
9.10 
9.15 
9.35 
9.60 
9.90 
10.10 
lU.  45 
10.85 
10.  48 
10.  74 
11.30 
11.45 

$4.  25 

29  X  4.50-20 

4.55 

30  X  4  50-21 

4.70 

28  \  4.75-19 

5.10 

29  X  4.7.5-20 . 

5.25 

30  X  4  75-21 

5.50 

27  X  5  00-17 

5.15 

29  X  5.00-19            -  - 

5.50 

30x5.00-20    

,■1.65 

31  X  5.00-21 

5.85 

32  5  5.00-22 

6.50 

27  X  5.25-17        - 

5.95 

28  X  5.25-18 

6.10 

29x5.25-19 



6.30 

30x5.25-20    -       

6.55 

31  X  5.25-21 

6.75 

27  X  5.50-17 

6.70 

28  X  5  50-18 

6.95 

29  X  5  50-10 

7.10 

30  X  5. .50-20 

7.40 

29x0.00-17    - 

7.70 

30  s  6  00-18 

31  X  6.00-19 

32  X  6.00-20 

33x6.00-21     

34  X  6.00-22 

35  X  6.00-23 

29  X  6.50-17    - 

30  X  6  50-18 

31  X  6.50-19 

32  X  6.50-20 

31  X  7  00-17 

32  X  7.00-18 

33  X  7.00-19 

34x7.00-20    -.     --- 

35  X  7  00-21 

31  x  7.50-17 

12.05 

32  X  7.50-18 

33x7.50-19    

6.00-16 

11.05 

9.40 

10.45 

8.85 

10.05 

8.50 

9.05 
10.15 

7.55 

6.25-16 

8.50 

6.50-16    

9.45 

7.00-15    

7.00-16 

12.20 

10.35 

7.50-14        

7.50-15    -.- 

12. 05 

7.50-16 

12.40 

8.25-15 

9.00-13    . 

690 

Exhibit  C 
Automobile  balloon  casings 


Size 


25  X  3.75-18. 
29x4.40-21. 

29  X  4.50-20- 

30  X  4.50-21. 

28  X  4.75-19. 

29  X  4.75-20. 

30  X  4.75-21. 

27  X  5.00-17. 

29  X  5.00-19. 

30  X  5.00-20. 

31  X  5.00-21. 

32  X  5.00-22. 
27x5.25-17. 

28  X  5.25-18. 

29  X  5.25-19- 

30  X  5.25-20- 

31  X  5.25-21- 

27  X  5.50-17. 

28  X  5.50-18- 

29  X  5.50-19. 

30  X  5.50-20. 

29  X  6.00-17. 

30  X  6.00-18. 

31  X  6.00-19. 

32  X  6.00-20. 

33  X  6.00-21. 

34  X  6.00-22. 

35  X  6.00-23. 

29  X  6.50-17. 

30  X  6.50-18. 

31  X  6.50-19. 

32  X  6.50-20. 

31  X  7.00-17- 

32  X  7.00-18. 

33  X  7.00-19. 

34  X  7.00-20. 

35  X  7.00-21. 
31  X  7.50-17. 
32x7.50-18. 
33  X  7.50-19. 

6.00-16. 
6.25-16. 
6.50-16. 
7.00-15. 
7.00-16- 
7.50-14- 
7.50-15- 
7.50-16. 
8.25-15. 
9.00-13. 


Division  I 


6-ply      4-ply 


$5.55 
5.95 
6.15 
6.35 
6.60 
6.90 
6.65 
7.00 
7.20 
7.45 
7.70 
7.50 
7.75 
8.10 
8.25 
8.45 
8.10 
8.40 
8.70 
8.95 
9.05 
9.35 
9.65 
9.85 
10.10 
10.40 
10  75 
10  50 
10  75 
11.10 
11.25 
12.15 
12.45 
12.65 
13.25 
13.55 


9.00 


$4.45 
4.70 
4.90 
5.20 
5.35 
5.65 
5.30 
5.55 
5.75 
5.85 
6.15 
6.00 
6.20 
6.40 
6.60 
6.80 
6.80 
7.00 
7.15 
7.35 
7.70 
7.85 
8.10 
8.35 
8.55 


9.45 
'b'Q5 


Division  II 


6-ply      4-ply 


Division  III 


6-ply       4-ply 


$5.25 
5.65 
5.  85 
6.05 
6.25 
6.55 
6.30 
6.65 
6.85 
7.05 
7.30 
7.10 
7.35 
7.70 
7.85 
8.00 
7.70 
8.00 
8.25 
8.50 
8.60 
8.90 
9.15 
9.35 
9.60 
9.90 
10.20 
9.95 
10  20 
10  55 
10.70 
11.55 
11.80 
12.00 
12.60 
12.85 


8.55 


$4.20 
4.45 
4.65 
4.95 
5.10 
5.35 
5.05 
5.25 
5.45 
5.55 
5.  S5 
5.70 
5.90 
6.10 
6.25 
6.45 
6.45 
6.65 
6.80 
7.00 
7.30 
7.45 
7.70 
7.95 
8.10 


8.95 
"9.45' 


Division  IV 


6-ply      4-ply 


$5.00 
5.35 
5.55 
5.70 
5.95 
6.20 
6.00 
6.30 
6.50 
6.70 
6.95 
6.75 
6.95 
7.30 
7.40 
7.60 
7.30 
7.55 
7.85 
8.05 
8.15 
8.40 
8.70 
8.85 
9.10 
9.35 
9.65 
9.45 
9.65 
10.00 
10.10 
10.95 
11.20 
11.40 
11.90 
12.20 


$4.00 
4.25 
4.40 
4.70 
4.80 
5.10 
4.75 
5.00 
5.15 
5.25 
5.55 
5.40 
5.00 
5.75 
5.95 
6.10 
6.10 
6.30 
6.45 
6.60 
6.95 
7.05 
7.30 
7.50 
7.70 


Division  V 


6-ply       4-ply 


$3.  55 
3.80 
3.98 
4.20 
4.30 


4.50 
4.70 
4.76 


5.20 
"5"  75 
"6"98 


691 


Exhibit  D 
Automobile  balloon  tubes 

GROUP    A 


Size 


Division 

Division 

Division 

Division 

Division 

I 

II 

III 

IV 

V 

$1.40 

$1.31 
1.50 

$1.26 
1.44 

$1.22 
1.39 

1.60 

$1.30 

1.60 

1.50 

1.44 

1.39 

1.30 

1.60 

1.50 

1.44 

1.39 

1.30 

1.64 

1.54 

1.48 

1.43 

1.40 

1.64 

1.54 

1.48 

1.43 

1.35 

1.64 

1.54 

1.48 

1.43 

1.35 

1.64 

1.54 

1.48 

1.43 

1.35 

1.80 

1.68 
1.68 
1.73 

1.62 
1.62 
1.66 

1.56 
1.56 
1.60 

1.80 

1.S4 

1.50 

1.84 

1.73 

1.66 

1.60 

1.55 

1.84 

1.73 

1.66 

1.60 

1.55 

1.92 

1.80 

1.73 

1.67 

1.60 

1.92 

1.80 

1.73 

1.67 

1.60 

2.08 

1.94 

1.87 

1.80 

1.70 

2.08 

1.94 

1.87 

1.80 

1.70 

2.08 

1.94 

1.87 

1.80 

1.70 

2.20 

2.06 

1.98 

1.91 

1.85 

2.20 

2.06 

1.98 

1.91 

1.85 

2.32 

2.17 

2.09 

2.02 

1.95 

2.32 

2.17 

2.09 

2.02 

1.95 

2.35 

2.20 

2.12 

2.05 

2.00 

2.35 

2.20 

2.12 

2.05 

2.00 

2.52 

2.36 

2.27 

2.19 

2.15 

2.52 

2.36 

2.27 

2.19 

2.15 

2.52 

2.36 

2.27 

2.19 

2.15 

2.52 

2.36 

2.27 

2.19 

2.20 

2.52 

2.36 

2.27 

2.19 

2.20 

2.80 

2.62 

2.52 

2.43 

2.40 

2.80 

2.62 

2.52 

2.43 

2.40 

2.84 

2.66 

2.56 

2.47 

2.45 

2.84 

2.66 

2.56 

2.47 

2.45 

2.05 

2.77 

2.66 

2.57 

2.50 

2.95 

2.77 

2.66 

2.57 

2.50 

3.12 

2.92 

2.81 

2.71 

2.70 

3.12 

2.92 

2.81 

2.71- 

2.70 

3.12 

2.92 

2.81 

2.71 

2.70 

3.56 

3.34 

3.21 

3.10 

3.00 

3.67 

3.44 

3.31 

3.19 

3.10 

4.12 

3.86 
2.06 
2.43 
2.85 
2.81 
2.85 
3.56 
3.86 
4.23 
4.23 
2.85 
2.81 
2.78 

3.71 
1.98 
2.34 
2.74 
2.70 
2.74 
3.42 
3.71 
4.07 
4.07 
2.74 
2.70 
2.67 

3.58 
1.91 
2.26 
2.64 
2.61 
2.64 
3.30 
3.58 
3.93 
3.93 
2.64 
2.61 
2.58 

2.20 

2.60 

3.05 

3.00 

3.04 

3.80 

4.12 

4.52 

4.52 

3.04 

3.00 

2.96 

692 


Exhibit  E 
Automobile  balloon  tubes 

GROUP    B 


Size 

Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

3.75-18    -  

$0.83 

4  40-20                                                 

$1.27 
1.27 
1.27 
1.30 
1.30 
1.30 
1.30 
1.43 
1.43 
1.40 
1.46 
1.46 

1.  S.'? 
1.53 
1.65 
1.05 
1.65 
1.75 
1.75 
1.84 
1.84 
1.88 
1.S8 
2.00 
2.00 
2.00 
2.00 
2.00 
2.23 
2.23 

2.  26 
2.26 
2.  35 
2.35 
2.48 
2.48 
2.48 
2,83 
2.93 
3.28 
1.75 
2.07 
2.42 
2.39 
2.42 
3.02 
3.28 
3.59 
3.59 

$1.24 
1.24 
1.24 
1.27 
1.27 
1.27 
1.27 
1.39 
1.39 
1.42 
1.42 
1.42 
1.48 
1.48 
1.61 
1.61 
1.61 
1.70 
1.70 
1.79 
1.79 
1.82 
1.82 
1.95 
1.95 
1.95 
1.95 
1.95 
2.16 
2.16 
2.19 
2.19 
2.29 
2.29 
2.41 
2.41 
2.41 
2.75 
2.84 
3.18 
1.70 
2.01 
2.35 
2.32 
2.36 
2.94 
3.18 
3.49 
3.49 

$1.20 
1.20 
1.20 
1.23 
1.23 
1.23 
1.23 
1.35 
1.35 
1.38 
1.38 
1.38 
1.44 
1.44 
1.56 
1.56- 
1.56 
1.65 
1.65 
1.74 
1.74 
1.77 
1.77 
1.89 
1.89 
1.89 
1.89 
1.89 
2.10 
2.10 
2.13 
2.13 
2.22 
2.22 
2.34 
2.34 
2.34 
2.67 
2.76 
3.09 
1.65 
1.95 
2.28 
2.25 
2.28 
2.85 
3.09 
3.39 
3.39 

$1. 15 
1.15 
1.15 
1.18 
1.18 
1.18 
1.18 
1.30 
1.30 
1.32 
1.32 
1.32 
1.38 
1.38 
1.50 
1.50 
1.50 
1.58 
1.58 
1.67 
1.07 
1.70 
1.70 
1.81 
1.81 
1.81 
1.81 
1.81 
2.02 
2.02 
2.04 
2.04 
2.13 
2.13 
2.25 
2.25 
2.25 
2.56 
2.65 
2.97 
1.  58 
1.87 
2.19 
2.10 
2.19 
2.74 
2.97 
3.25 
3.25 

.98 

4.50-20                    --- 

.98 

4.75-20 

.98 

4  75-19                                    -     

1.05 

4.40-21          

1.05 

4.50-21 

1.05 

4.75-21               

1.05 

5  00-17 

1. 12 

5  25-17                                        -     

1.12 

5.25-18             .     

1.15 

5.00-19      

1.05 

5  25-19                                     ..- 

1.05 

5.00-20             . 

1.20 

5.2.5-20        

1.20 

500-21                             -  - 

1.25 

5.2.5-21           -- 

1.25 

5.00-22 

1.25 

5  50-17                             -       -  

1.12 

6.00-17           

1.12 

5..50-18      

1.40 

600-18               -  -  -       

1.40 

5.50-19           

1.45 

6.00-19 

1.45 

5  50-20                      -       

1.55 

6.00-20        

1.55 

6.00-21 

1.55 

6.00  22 

1.55 

6.00-23          

1.55 

6.50-17 

1.75 

7.00-17                             

1.75 

6.50-18        

l.SO 

7.00-18 

1.80 

1.90 

7.00-19      

1.90 

6.50-20 -- 

1.95 

7.00-20 

1.95 

7.00  21        

1.95 

7.50-17 .-- 

2.25 

7.50  18 

2.35 

7.50-19      

6.00-16 

1.30 

6.25-16                                               

1.30 

1.90 

7.00-15 

7.00  16                          .  -    •      

1.90 

7.50-15        

2.45 

7.50-16 

2.65 

8.25-15                      

9.00-13 

693 

Exhibit  F 

Automobile  balloon  tubes 

GROUP  c 


Size 

Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

3.  7fi-lS 

4.40-20 

$1.08 
1.08 
1.08 
1.11 
1.11 
1.  11 
1.11 
1  22 

];22 

1.24 
1.24 
1.24 
1.30 
1.30 
1.40 
1.40 
1.40 
1.48 
1.48 
1.57 
1.57 
1.59 
1.50 
1.70 
1.70 
1.70 
1.70 
1.70 
1.89 
1.89 
1.92 
1.92 
2.00 
2.00 
2.11 
2.11 
2.11 
2.40 
2.48 
2.78 

$1.  03 
1.03 
1.03 
1.05 
1.05 
1.05 
1.05 
1.16 
1.16 
1.18 
1.18 
I.IS 
1.24 
1.24 
1.33 
1.33 
1.33 
1.41 
1.41 
1.49 
1.49 
1.51 
1.51 
1.62 
1.62 
1.62 
1.62 
1.62 
1.80 
1.80 
1.82 
1.82 
1.  90 
l^OO 
2.00 
2.00 
2.00 
2.28 
2.36 
2.64 

$0.97 
.97 
.97 
1.00 
1.00 
1.00 
1.00 
1.10 
1.10 
1.12 
1.12 
1.12 
1.17 
1.17 
1.26 
1.26 
1.26 
1.33 
1.33 
1.41 
1.41 
1.  43 
1.43 
1.53 
1.53 
1.53 
1.53 
1.  53 
1.70 
1.70 
1.73 
1.73 
l.SO 
1.80 
1.90 
1.90 
1.90 
2.16 
2.23 
2.50 

$0.82 

4.50-20 

.82 

4.75-20 

.82 

4.7.5-19                        -          

.85 

4.40-21.    

.85 

4.  50-21 

.85 

4.75-21                    .-.       

.85 

5.00-17         

.95 

5.2.5-17.    

.95 

5.25-18                                      ..     .. 

.97 

.5.00-19             

.85 

5.25-10     

.85 

.'.  on-20 

1.03 

-  •'.'^-20         ...          ..-- 

1.03 

110-21          ._           ,. 

1.10 

■.'.■)-21 

1.10 

.'1.00-22                                        ..     -         .     ... 

1.10 

5.50-17                        

1.18 

fi  00-17 

1.18 

5.50-18                             .             

.\.rO-!8                     - 

."..50-19         ..         

ti  00-19 

5.50-20                              .. 

(5.00-20     

r>  00-21 

6.00-22                                  -       -       .       

r>.  00-23                

6.50-17         .-         

7  00-17 

6.50-lS                               .       ...       -       ..  ... 

7.00-18                        

6  50-19 

7. 00-19 

6.50-20                                      

7  00-''0 

7  00-21                                                          -     . 

7  50-17                                                        

7.50-18              -       .            

7.50-19             -- 

6  00-16 

1.34 

6  25-16                                 -               --   .     

6.50-16                     --         

7  00-15 

7  00-16                                                        

7  50-15                               .-       

7.50-16                    

9  00-13                                           .         ..     -. 

Exhibit  G 

High-pressure  automobile  casings  and  tubes 

GROUP  A 


Division  I 

Divis 

ion  II 

Division  III 

Division  IV 

Divi.sion  V 

Size 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings  Tubes 

30  X  3 

$5.15 
5.20 
5.60 
7.00 
9.30 
9.70 
10.65 
13.70 
14.50 
15.20 

$1.15 
1.28 
1.28 
1.28 
1.80 
1.80 
1.80 
2.46 
2.46 
2.46 
2.66 

$4.  85 
4.90 
5.25 
6.  55 
8.75 
9.10 
10.00 
12.  85 
13.55 
14.25 

$1.08 
1.20 
1.20 
1.20 
1.68 
1.68 
1.68 
2.31 
2.31 
2.31 
2.50 

$4.  65 
4.70 
5.05 
6.30 
8.40 
8.75 
9.60 
12.35 
13.05 
13.70 

$1.04 
1.15 
1.15 
1.15 
1.62 
1.62 
1.62 
2.22 
2.22 
2.22 
2.40 

$4.50 
4.55 
4.85 
6.05 
8.10 
8.45 
9.25 
11.90 
12.60 
13.20 

$1.00 
1.11 
1.11 
1.11 
1.56 
1.56 
1.56 
2.14 
2.14 
2.14 
2.32 

SO.xSK'  Reg.  CL 

30.x3'2  OSCL 

30 -x  3','.  SS 

31  X  4  SS 

.$1. 10 
1.10 
1.10 
1.55 

32x4             -       

1.55 

33x4 

1.55 

32x45.'i 

33  X  4H 

34  X  4^i 

5 

694 


Exhibit  H 

High-pressure  automobile  casings  and  tubes 

GROUP    B 


Size 

Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

30x3 

$4.45 

4.50 

4.75 

6.05 

8.05 

8.35 

9.15 

11. 80 

12.50 

13.15 

$0.92 
1.02 
1.02 
1.02 
1.43 
1.43 
1.43 
1.88 
1.88 
1.88 
2.10 

$0.90 
.99 
.99 
.99 
1.39 
1.39 
1.39 
1.82 
1.82 
1.82 
2.04 

$4.20 
4.25 
4.50 
6.70 
7.60 
7.90 
8.65 
11.15 
11.80 
12.40 

$0.87 
.96 
.96 
.96 
1.35 
1.35 
1.35 
1.77 
1.77 
1.77 
1.98 

$4.05 
4.10 
4.30 
5.45 
7.30 
7.60 
8.30 
10.70 
11.30 
11.90 

$0.84 
.92 
.92 
.92 
1.30 
1.30 
1.30 
1.70 
1.70 
1.70 
1.90 

$3.  45 
3.58 
3.75 
4.69 
6.45 
6.70 
7.40 
9.70 
10.30 
10.85 

$0  07 

30x31^  Reg.  CI 

30x31^0  S  CI 

30x3}^  S  S 

.85 
.80 
85 

31x4  S  S 

1.23 

32x4_ 

1.23 

33x4         

1  23 

32x4}^ 

1.65 

33x41^ 

1.65 

34  x  414 

1.65 

5-.-     - 

Exhibit  I 
High-pressure  automobile  casings  and  tubes 

GROUP    C 


Size 

Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

30x3 

$3.60 
3.65 
3.90 
4.90 
6.50 
6.80 
7.40 
9.60 
10.10 
10.60 

$0.78 
.86 
.86 
.86 
1.21 
1.21 
1.21 
1.59 
1.59 
1.59 
1.78 

$3.40 
3.45 
3.70 
4.  65 
6.15 
6.45 
7.05 
9.10 
9.60 

10.05 

$0.74 
.82 
.82 
.82 
1.15 
1.15 
1.15 
1.51 
1.51 
1.51 
1.69 

$3.25 
3.30 
3.50 
4.40 
5.85 
6.10 
6.65 
8.65 
9.10 
9.55 

$0.70 
.  77 
.77 
.77 
1.09 
1.09 
1.09 
1.43 
1.43 
1.43 
1.60 

30x3H  Rce.  CI 

$3.15 
"""5"75' 

$0.65 

30  x  3M  0  S  CI  .  . 

.65 

30x3H  S  S 

.65 

31x4  S  S 

.95 

32x4             

.95 

33x4 

.95 

32  X  41.2 

33x4}.^         .  . 

34x4K' 

5 

695 

Exhibit  J 
Truck  and  bus  balloon  casings  and  tubes 

GROUP    A 


Division  I 


Size 


5.50-20 
6.00-20 
6.50-20 
6.50-18. 
7.00-18 
7.00-20 
7.50-18 
7.50-20 
7.50-24 
8.25-18 
8.25-20 
8.25-22 
8.25-24 
y.00-15 
9.00-18 
9.00-20 
9.00-22 
9.00-24 
9.75-18 
9.75-20 
9.75-22 
■.75-24 


30x5.50). 
32x6.00). 
32x6.50). 


32x7.00) 

34x7.00) 

32x7.50) 

34x7.50) 

38x7.50) 

34x8.25) 

36x8.25) 

38x8.25) 

40x8.25) 

33x9.00) 

36x9.00) 

38x9.00) 

40x9.00) 

42x9.00) 

36x9.75) 

38x9.75) 

40x9.75> 

42x  9.75) 

10.50-20  (40  X  10.50) 

10.50-22  (42  X  10.50) 

10.50-24(44x10.50) 

11.25-20  (42  X  11.26) 

11.25-22(44x11.25).-... 

11.25-24(46x11.25) 

12.00-20(44x12.00) 

12.00-24(48x12.00) 

12.75-20(44x12.75) 

12.75-24  (48x12.75) 

13.50-20  (46  X  13.50) 

13.50-24  (50  X  13.50) 


Casing  Tubes 


$12. 

14. 

18. 

17. 

23. 

24. 

27. 

29. 

32. 

40. 

41. 

43. 

45. 

48. 

50. 

50. 

53. 

55. 

65. 

66. 

70. 

71. 

77. 

82. 

85. 
106. 
110. 
114. 
123. 
133. 
148. 
162. 
173. 
184. 


$2.  70 
2.70 
3.00 


3.15 
3.40 
4.90 
5.05 
5.85 
6.60 
6.70 
7.20 
7.70 
7.40 
7.05 
7.75 
8.10 
8.50 
8.15 
8.40 
8.65 
8.95 
9.50 
10.65 
11.80 
13.30 
14.00 
14.80 
15.55 
17.20 
16.95 
19.55 
20.45 
23.25 


Division  II 


Casing  Tubes 


$12.  55 
13.75 
17.75 
16.80 
22.70 
23.60 
26.95 
28.50 
31.60 
38.80 
39.90 
42.  00 
44.35 
46.55 
48.50 
49.20 
51.50 
53.45 
63.05 
64.50 
67.90 
69.00 
74.70 
79.65 
83.20 
103.30 
107.  20 
111.30 
119.  30 
129.  50 
143.  .55 
157.15 
167.  80 
178.  50 


$2.62 
2.62 
2.91 


3.06 
3.30 

4.75 
4.90 
5.67 
6.40 
6.50 
6.98 
7.47 
7.18 
7.42 
7.52 
7.86 
8.25 
7.91 
8.15 
8.39 
8.68 
9.22 
10.33 
11.45 
12.90 
13.53 
14.36 
15.08 
16.  68 
16.44 
18.96 
19.84 
22.55 


Division  III 


Casing  Tubes 


$12.  30 
13.50 
17.40 
16.45 
22.25 
23.15 
26.40 
27.95 
30.95 
38.00 
39.10 
41.15 
43.45 
45.  60 

47.  50 

48.  20 
50.  45 
52.35 
61.75 
63.15 
66.50 
67.50 
73.15 
78.00 
81.. 50 

101. 15 
104. 95 
109.  00 
116.85 
126. 80 
140.  60 
153.90 
104.  35 
174. 80 


S2.57 

2.57 
2.85 


2.99 
3.23 
4.66 
4.80 
5.56 
6.27 
6.37 
6.84 
7.32 
7.03 
7.27 
7.36 
7.70 
8.08 
7.74 
7.98 
8.22 
8.  50 
9.03 
10.12 
11.21 
12.64 
13.30 
14.06 
14.77 
16.34 
16. 10 
18.57 
19.43 
22.09 


Division  IV 


Casing  Tubes 


$11.90 
13.05 
16.85 
15.90 
21.50 
22.40 
25.  55 
27.05 
30.00 
36.80 
37.85 
39.85 
42.10 
44.15 
46.00 
46.70 
48.85 
50.70 
59.80 
61.20 
64.40 
65.45 
70.85 
75.55 
78.95 
98.00 
101.  65 
105.  55 
113. 15 
122.  80 
136.  15 
149.  05 
159. 15 
169.  30 


$2.48 
2.48 
2.76 


2.90 
3.13 
4.  51 
4.65 
5.38 
6.07 
6.16 
6.62 
7.08 
6.81 
7.04 
7.13 
7.45 
7.82 
7.50 
7.73 
7.96 
8.23 
8.74 
6.80 
10.86 
12.24 
12.88 

13.  G2 

14.  31 
1.5.  82 
15.59 
17.69 
18.81 
21.39 


Division  V 


Casing    Tubes 


$12. 65 
16.30 


22.05 
'26."  75 


47.75 
50.00 
51.90 


63. 05 
66.40 
67.  45 
73.25 
78.20 
81.80 


$2.35 
2.70 


2.70 

l.'eo 


6.95 
7.25 
7.60 


7.45 
7.70 
7.95 
8.45 
9.55 
10.60 


696 

Exhibit  K 
Truck  and  bus  balloon  casings  and  lubes 

GROUP    B 


Size 

Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

Casings 

Tubes 

5.50-20  (30  X  5.50) 

$11.  65 
12.80 
16.50 

$2.25 
2.25 
2.50 

$2.18 
2.18 
2.43 

$11.05 
12.15 
15.65 

$2.14 
2.14 
2.38 

$10.  70 
11.75 
15.20 

$2.07 
2.07 
2.30 

6.00-20  (32  X  6.00) 

$10. 85 
14.10 

$1.83 

6  50-20(32x6.50)          

2. 10 

6.50-18            

7.00-18  (32  X  7.00) 

21.20 
21.90 
25.00 
26.50 
29.30 
36.00 
37.10 
39.00 
41.20 
43.20 
45. 00 
45.70 
47.80 
49.60 
58.  50 
59.60 
63.00 
65.00 
69.  30 
73.80 
77.25 
96.00 
99.50 
103.  25 
110.70 
120. 15 
133.  20 
140. 00 
155.  70 
165.  60 

2.65 
2.85 
4.10 
4.20 
4.85 
5.50 
5.60 
6.00 
6.40 
6.20 
6.35 
6.45 
6.7o 
7.10 
6.80 
7.00 
7.20 
7.45 
7.90 
8.90 
S.85 
11.10 
11.70 
12.35 
12.95 
14.30 
14.15 
16.30 
17.05 
19.40 

2.57 
2.76 
3.98 
4.07 
4.70 
5.34 
5.43 
5.,S2 
G.21 
6.01 
6.16 
6.26 
6.55 
6.89 
6.60 
6.79 
6.98 
7.23 
7.66 
8.63 
9.55 
10.77 
11.35 
11.98 
12.56 
13.87 
13.73 
15.  81 
16.54 
18.82 

20. 15 
20.80 
23.  75 
25.15 
27.85 
34.20 
35.25 
37.05 
39. 15 
41.05 
42.75 
43.40 
45.40 
47.10 
55.  55 
56.60 
59.85 
61.75 
65.85 
70.10 
73.40 
91.20 
94.50 
98.10 
105.  15 
114.15 
126.  55 
138.  70 
147.  90 
157.  30 

2.52 
2.71 
3.90 
3.99 
4.61 
5.23 
5.32 
5.70 
6.08 
5.89 
6.03 
6.13 
6.41 
6.75 
6.46 
6.65 
6.84 
7.08 
7.51 
8.46 
9.36 
10.55 
11.12 
11.73 
12.30 
13.  59 
13.44 
15.49 
16.20 
18.43 

19.50 
20.15 
23.00 
24.40 
26.95 
33.10 
34. 15 
35.90 
37.90 
39.75 
41.40 
42.05 
43.95 
45.65 
53.80 
54.85 
57.95 
59.80 
63.75 
67.90 
71.05 
8S.  30 
91.55 
95.00 
101.85 
110.  55 
122.  ;\r, 
134.  30 
143.  25 
152.  35 

2.44 
2.62 
3.77 
3.86 
4.46 
5.06 
5.15 
5.52 
5.89 
5.70 
5.S4 
5.93 
6.21 
6.53 
6.26 
6.44 
6.62 
6.85 
7.27 
8.19 
9.06 
10.21 
10.76 
11.36 
11.91 
13.16 
13.  02 
15.00 
15.69 
17.85 

7.00-20  (34x7.00) 

7.50-18  (32  X  7.50) 

19.00 

2.10 

7.50-20(34x7.50) 

7.50-24  (38  X  7.50) 

23.15 

3.60 

8.25-lS  (34  X  8.25) 

8.25-20  (36x8.25) 

8.25-22  (38  \  8.25) 

33.34 

4.84 

8.25-24  (40x8.25) 

9.00-15  (33  X  9.00) 

9. 00-18  (35  X  9.00) 

9.00-20  (38  X  9.00) 

41.44 

5.62 

9.00-22  (40  X  9.001 

9.00-24  (42  X  9.00) 

45.02 

6.20 

9.75-18  (36  X  9.75) 

9.75-20  (38x9.75) 

9.75-22  (40x9.75) 

54.41 

6.07 

9.75-24  (42x9.75) 

59.34 
63.36 

6.48 

10.50-20  (40  X  10..50) 

10.50-22  (42  X  10.50) 

6.89 

10.50-24  (44  X  10.50) 

11.25-20(42x11.25)     

11.25-22  (44  X  11.25) 

11.25-24  (4Gx  11.25) 

12.00-20  (44  X  12.00) 

12.00-24  (4S  X  12.00) 

12.75-20  (44  X  12.75) 

12.75-24  (48  X  12.75)     



13.50-20  (46  X  13.50) 

13.50-24  (50  X  13.50)    . 

Exhibit  L 
Truck  and  Bus  High-Pressure  Casings 

GROUP  A 


Division  I 

Division 

II 

Division 

III 

Division 

IV 

Division  V 

Size 

X 

•a 

0! 
a 

C3 

0) 

3 

>> 

a 

a 
m 

ft 

D 
1.1 

ft 

X 

■a 
0 

0 

3 

ft 

■a 

(S 

•a 
d 
B 

0 

3 

a 

1 

■0 
ft 
>. 

i 

3 

32x4),^. 

—  — — 

$14.30 
14.50 
14.90 
17.80 
18.60 
19.  85 
20.75 
30.30 
33.00 
39.20 
40.70 
43.60 
56.60 
61.80 
99.10 
110.00 
139.  00 
145. 90 

$13.  85 
14.05 
14.45 
17.25 
18.05 
19.25 
20.10 
29.40 
32.00 
38.00 
39.45 
42.30 
54.80 
59  95 

$13.  60 
13.75 
14.15 
16.90 
17.65 
18.85 
19.70 
28.80 
31.35 
37.25 
38.65 
41.40 
53.65 
58.70 
94.15 
104. 50 
132.  05 
138.  60 

$13. 15 
13.35 
13.70 
16. 35 
17.10 
18.  25 
19.10 
27.85 
30.35 
36.05 
37. 45 
40.10 
52. 00 
56.85 
91.15 
101. 20 
127. 90 
134.  20 

33x41.2- 

34  X  41.-'). 

30x5... 
33  X  5  -- 

$14.  10 

$13.  65 

$13. 40 

$12.  95 

$16.  05 
16.80 
18.00 
18.90 
28.00 
30.65 

34  X  5.-- 

35x5..- 

32  X  6... 

23.00 

22.30 

21.85 

21.15 

$21.  00 

36  x  6-.- 

32  X  7-.- 

34x7.- 
38  X  7.- 

$43.80 
49.00 
61.30 
67.50 

$42.  50 
47.55 
59.  45 
65.45 

.$41.  60 
46.65 
58.  25 
64.10 

$40.30 
45.10 
56.40 
62.10 

$41.  25 

38.25 
41.00 
63.30 
58.35 

36x8.- 
40  X  8 

57.90 
63.90 

38x9-.. 

96.10 
106.  70 
134.  85 
141.50 

42x9-.. 

97.60 

94.65 

92.70 

89.80 

40  X  10-- 

44  X  10.. 

697 

Exhibit  M 
Truck  and  bus  high-pressure  casings 

GROUP  B 


Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

Size 

Stand- 
ard 

Truck 
type 

Stand- 
ard 

Truck 
type 

Stand- 
ard 

Truck 
type 

Stand- 
ard 

Truck 
type 

Stand- 
ard 

Truck 
type 

32x4!.2-    

$10. 95 
11.20 
11.  .50 
13.75 
14.45 
15.28 
16.16 
23.85 
26.54 

33x4].^  

34x4}^ 

30x  5  -    

$16.00 
16.75 
17.85 
18.80 
27.30 
29.70 

$12.  70 

$15.  20 
15.90 
16.95 
17.85 
25.95 
28.20 

$12. 05 

$14.  70 
15.40 
16.40 
17.30 
25.  10 
27.30 

$11.70 


"ig.'os" 

33x5.    ._. 

34x5 

35  X  5  . 

32x6.      

20.70 

$17  90 

36x6.    

32x7 

34  X  7           

36.  60 
39.40 
50.80 
55.  60 
89.20 
99.00 
124. 10 
131.  20 

34.75 
37.45 
48.25 
52.80 
84.75 
94.  05 
117  90 
124.  65 

33.65 
36.25 
46.75 
51.15 
82.  05 
91. 10 
114.15 
120.  70 

32.  90 
35.  70 
45.96 
50.48 

38x  7  -    

36x8 

40x8 

38x9  .    .       

42x9 

40x10..     

44x  10 



Exhibit  N 
Truck  and  bus  high-pressure  tubes 

GROUPS  A  AND  B 


Division  I 

Division  II 

Division  III 

Division  IV 

Division  V 

Size 

Group 
A 

Group 
B 

Group 
A 

Group 
B 

Group 
A 

Group 
B 

Group 

A 

Group 
B 

Group 
A 

Group 
B 

32x4H 

33x4H  -   

$2.  30 

2.30 

2.30 

2.65 

3.00 

3.00 

3.00 

4.20 

4.55 

5.65 

5.85 

6.35 

7.85 

8.50 

10.20 

11.40 

15.40 

17.20 

$1.90 
1.90 
1.90 
2.20 
2.50 
2.50 
2.50 
3.50 
3.80 
4.70 
4.90 
5.30 
6.55 
7.10 
8.50 
9.50 
12.85 
14.30 

$2.23 
2.23 
2.23 
2.57 
2.91 
2.91 
2.91 
4.07 
4.41 
5.48 
5.67 
6.16 
7.61 
8.25 
9.89 
11.06 
14.94 
16.68 

$1.84 
1.84 
1.84 
2.13 
2.43 
2.43 
2.43 
3.40 
3.69 
4.56 
4.75 
5.14 
6.35 
6.89 
8.25 
9.22 
12.46 
13.87 

$2.19 
2.19 
2.19 
2.52 
2.85 
2.85 
2.85 
3.99 
4.32 
5.37 
5.56 
6.03 
7.46 
8.08 
9.69 
10.83 
14.63 
16.34 

$1.81 
1.81 
1.81 
2.09 
2.38 
2.38 
2.38 
3.33 
3.61 
4.47 
4.66 
5.04 
6.22 
6.75 
8.08 
9.03 
12.21 
13.59 

$2.12 
2.12 
2.12 
2.44 
2.76 
2.76 
2.76 
3.86 
4.19 
5.20 
5.38 
5.84 
7.22 
7.82 
9.38 
10.49 
14.17 
15.82 

$1.75 
1.75 
1.75 
2.02 
2.30 
2.30 
2.30 
3.22 
3.50 
4.32 
4.51 
4.88 
6.03 
6.53 
7.82 
8.74 
11.82 
13.16 

$1.58 

3ixiy> 

"$2."35' 
2.65 
2.65 
2.65 
3.  SO 
4.00 

1.58 

30x  5 

1.83 

33  X  5 

2.10 

34  x  5 

2.10 

35  X  5         ....... 

2.10 

32x6           ..     

2.95 

36x6     

3.21 

32  X  7 

34x7.    

4.60 
5.65 
7.00 
7.55 

3.60 

38x7..    

4.55 

36x8 

5.72 

40x8                    

6.22 

38  X  9 

42x9 

40  X  10 

44  X  10 

698 

Exhibit  0 
Farm  tractor 


Divisions  I 

II,  III,  IV 

Division  V 

Size 

Group  A 

casings 

Group  A 

tubes 

Group  A 

casings 

Group  A 
tubes 

5  25-16                            -              - 

$8.30 
9.35 
16.10 
12.10 
13.10 
42.50 
55.  60 
50.10 
72.60 
72.60 

$1.46 
1.57 
1.76 
1.89 
2.04 
6.10 
7.60 
6.65 
11.30 
11.30 

$7.15 
7.55 
14.70 

$1.20 

6  00-16                            

1.30 

7  50-10                  

1.45 

7  50-16                                                                      --       - 

7  50-18                                    

11.60 

1.65 

9  00-24                                                -- 

7.60 

9  00-36                                       

51.60 
46.00 

6.70 

11  25-24                           

5.80 

12  75-28              -     

68.10 

10.10 

Solid  truck  tires 
Divisions  I,  II,  III,  IV,  V 


Size 


32x4 
34x4 
36x4 
32x5 
34x5 
36  X  5 
40x5 
34x6 
36  X  6 
40x6 
34x7 
S6x7 


Group  A 


$31.  60 
33.40 
35.30 
41.15 
43.50 
46.20 
50.50 
55.  00 
59. 00 
65.  60 
66.10 
71.60 


Size 


40x7- 
34  X  8- 
36  X  8. 
40x8. 
36  X  10 
40  X  10 
36  X  12 
40  X  12 
36  X  14 
40  X  14 
40  X  16 


Group  A 


$79. 80 
82.00 
85.20 
92.  00 
108.  00 
117.  50 
129.  00 
141.  .50 
152.  50 
167.00 
206.  50 


[When  sold  within  the  States  of  Wyoming,  Colorado,  New  Mexico,  Arizona,  Utah,  Nevad 
Idaho,  Oregon,  Washington,  and  Montana] 


a,  California, 


Size 


32x4 

34x4 
36x4 
32x5 
34X5 
36x5 
40x5 
34x6 


Group  A 


$33.  20 
35.10 
37.05 
43.20 
45.  70 
48.  50 
53.05 
57.75 


Size 


36x6 
40  X  6 
34x7 
36x7 
40x7 
34x8 
36x8 
40x8 


Group  A 


$61.95 
68. 90 
69.40 
75.20 
83.20 
86.10 
89.45 
96.60 


Size 


Group  A 


36  X  10. 
40  X  10. 
36  X  12. 
40  X  12 
36  X  14. 
40  X  14 
40  X  16 


$113.40 
123.  40 
135.45 
148.  60 
160. 15 
175.  35 
216. 85 


699 


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719 


ADMINISTRATIVE  ORDER  NO.  23-21 
Stay  of  Code  Price  Provisions 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  UNDERWEAR 
AND  ALLIED  PRODUCTS  MANUFACTURING  INDUSTRY— GRANT- 
ING APPLICATION  OF  THE  CODE  AUTHORITY  FOR  STAY  OF  THE 
PROVISIONS  OF  PART  VI,  SECTION  2 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
for  stay  of  the  provisions  of  Part  VI,  Section  2  of  the  Code  of  Fair 
Competition  for  the  Underwear  and  Allied  Products  Manufacturing 
Industry;  and 

WHEREAS,  the  Code  Authority  has  given  full  consideration  to 
the  need  for  such  stay,  and  it  appears  to  my  satisfaction,  that  the 
stay  hereinafter  granted  is  necessary  to  meet  the  present  seasonal 
production  of  this  industry  pending  an  amendment  of  the  Code  and 
will  tend  to  effectuate  the  policies  of  Title  I  of  the  National  Industrial 
Recoveiy  Act; 

NOW',  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  a  stay  of  said  provisions  of  said  Code  be  granted 
to  the  following  extent; 

On  advance  orders  for  1934  fall  merchandise  the  seller  is  permitted 
at  his  option  to  ship  and  bill  such  merchandise  when  manufactured, 
on  terms  not  in  excess  of  those  specified  in  Part  VI,  Section  2  of  the 
Code,  with  an  allowance  of  interest  at  the  rate  of  six  per  cent  (6%) 
per  annum  from  the  date  of  maturity  of  such  bill  to  the  date  when  the 
bill  would  have  matured  if  rendered  according  to  date  of  deliveiy 
specified  on  the  order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Robert  Houston, 

Division  Administrator. 

August  22,  1934. 


720 


ADMINISTRATIVE  ORDER  NO.  179-16 

Order,  Code  of  Fair  Competition  for  the  Electrotyping  and 
Stereotyping  Industry — Approval  of  the  Application  of  the 
National  Code  Authority  of  Electrotyping  and  Stereotyping 
Industry  for  an  Amendment  of  its  Standard  Scale 

Application  having  been  duly  made  by  the  National  Code  Author- 
ity of  the  Electrotyping  and  Stereotyping  Industry  for  a  modification 
of  its  Standard  Scale  of  electrotypes  as  provided  in  Article  VI,  Sec- 
tion 1,  of  the  Code  of  Fair  Competition  for  the  Electrotyping  and 
Stereotyping  Industry,  said  modification  to  be  known  as  Supplement 
B  to  said  Standard  Scale,  more  specifically  set  out  in  the  exhibit 
hereto  attached;  and  upon  consideration  of  a  memorandum  of  the 
Deputy  Administrator  recommending  approval  of  said  Supplement  B ; 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  the  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  exhibit,  and  hereby  order  that  said 
modification  be  and  is  hereby  approved. 

Hugh  S.  Johnson, 
Admirustrator  for  Industrial  Recovery. 

Approval  recommended: 
George  Buckley, 

Division  Seven. 

Washington,  D.C, 

August  23,  1934. 


721 


ADMINISTRATIVE  ORDER  NO.  50-10 

Order,  Approving  Basis  of  Cost  Accounting  System  for  Code 
OF  Fair  Competition  for  the  Automatic  Sprinkler  Industry 

An  application  having  been  duly  made  pursuant  to  and  in  full 
compliance  with  the  provisions  of  Title  I  of  the  National  Industrial 
Recovery  Act,  approved  June  16,  1933,  for  approval  of  a  Basis  of 
Cost  Accounting  System,  as  provided  in  Article  VI,  Section  (a)  1  of 
the  Code  of  Fair  Competition  for  the  Automatic  Sprinkler  Industry, 
and  a  notice  of  opportunity  to  be  heard  having  been  duly  forwarded 
to  all  interested  parties  on  this  date: 

NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me  by  Execu- 
tive Orders  of  the  President,  including  Executive  Order  6543-A, 
dated  December  30,  1933,  and  otherwise,  do  hereby  find  that  said 
Basis  of  Cost  Accounting  System  complies  in  ail  respects  with  the 
pertinent  provisions  and  will  promote  the  policy  and  purposes  of 
said  Title  of  said  Act,  and  it  is  hereby  ordered  that  said  Basis  of 
Cost  Accounting  System  be  and  it  is  hereby  approved,  provided, 
however,  that  any  member  of  the  industry  may  sell  below  his  indi- 
vidual cost  as  determined  in  accordance  v/ith  said  system  if  done  in 
good  faith  to  meet  the  cost,  price  or  bid  of  any  other  member  under 
said  system,  but  only  on  identical  installations  or  equipments,  such 
approval  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  24,  1934. 


722 


ADMINISTRATIVE  ORDER  NO.  459-10 

Code  of  Fair  Competition  for  the  Bottled  Soft  Drink  Indus- 
try— Approval  of  Regulations  to  Govern  Terms  and  Con- 
ditions OF  Sale  of  Equipment  by  Members  of  the  Bottled 
Soft  Drink  Industry 

WHEREAS,  pursuant  to  Article  VII,  Section  9  of  the  Code  of 
Fair  Competition  for  the  Bottled  Soft  Drink  Industry,  the  Code 
Authority  has  submitted  under  date  of  July  17,  1934  to  the  Adminis- 
trator the  following  regulations  to  govern  terms  and  conditions  of 
sale  of  equipment  by  members  of  the  Bottled  Soft  Drink  Industry: 

1.  All  Coolers,  Ice  Boxes,  Refrigerators,  or  other  equipment  for 
bottled  soft  drinks  (except  bottle  openers,  display  racks  or  stands, 
or  advertising  material  or  signs)  the  selling  price  of  which  is  $25  or 
less,  when  not  sold  for  cash,  shall  be  sold  on  terms  requiring  a  cash 
down  payment  of  not  less  than  20%  of  such  selling  price  to  be  made 
each  month  thereafter  until  the  full  amount  has  been  paid. 

2.  All  such  equipment,  the  selling  price  of  which  is  over  $25  when 
not  sold  for  cash  shall  be  sold  on  terms  requiring  a  cash  down  pay- 
ment of  not  less  than  10%  of  the  selling  price,  and  additional  payments 
of  not  less  than  5%  of  such  selling  price  to  be  made  each  month 
thereafter  until  the  full  amount  has  been  paid. 

3.  "Selling  Price"  shall  not  be  less  than  cost  to  the  bottler,  which 
shall  include  the  net  price  paid  by  him  to  the  manufacturer  or  seller 
of  the  equipment,  plus  freight-in  or  other  hauling  charges  paid  or 
incurred  by  the  bottler  in  delivery  of  the  equipment  to  him. 

4.  Used  or  reclaimed  equipment  sold  at  the  jair  market  price  as 
provided  for  in  Section  9  of  Article  VII,  when  not  sold  for  cash,  may 
be  sold  in  accordance  with  the  above  conditions  of  sale  and  terms  of 
pavment. 

NOW,  THEREFORE,  on  the  recommendation  of  the  Bottled 
Soft  Drink  Code  Authority  and  the  Administration  member  thereon, 
and  pursuant  to  authority  vested  in  me,  it  is  ordered  that  the  above 
regulations  to  govern  terms  and  conditions  of  the  sale  of  equipment 
by  members  of  the  Soft  Drink  Industry  be,  and  the  same  are  hereby 
approved,  and  shall  become  effective  on  the  tenth  (10)  day  after 
the  date  hereof  unless  prior  to  such  time  cause  to  the  satisfaction  of 
the  Administrator  shall  be  shown  to  the  contrary. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Armin  W.  Riley, 

Division  Administrator. 

Washington,  D.C, 

August  24,  1934. 


723 


ADMINISTRATIVE  ORDER  NO.  463-9 

Staying  Time  Limit  for  Equitable  Wage  Adjustments  Above 

THE  Minimum 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  CANDY  MANU- 
FACTURING INDUSTRY— GRANT  APPLICATION  FOR  A  STAY  OF 
THE  PROVISIONS  OF  ARTICLE  IV,  SECTION  6 

WHEREAS,  an  application  has  been  made  by  the  Code  Authority 
for  the  Candy  Manufacturing  Industry,  111  W.  Washington  Street, 
Chicago,  Ilhnois  for  a  stay  of  the  operation  of  the  provisions  of 
Article  IV,  Section  6  of  the  Code  of  Fair  Competition  for  the  Candy 
Manufacturing  Industry;  and 

WHEREAS,  the  Deputy  Administrator  has  reported,  and  it 
appears  to  my  satisfaction,  that  the  stay  hereinafter  granted  is 
necessary  and  will  tend  to  effectuate  the  policies  of  Title  I  of  the 
National  Industrial  Recovery  Act; 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me,  it  is 
hereby  ordered  that  the  operation  of  said  provisions  of  said  Code  be 
and  it  is  herebv  stayed  as  to  all  parties  subject  thereto  for  a  period 
of  thirty  (30)  days  from  August  10,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 
Order  recommended: 
Armin  W.  Riley, 

Division  Administrator, 

August  24,  1934. 


724 


ADMINISTRATIVE  ORDER  NO.  64-20 
Wage  Differentials,  Extending  Time  to  Report  on 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  DRESS  MANU- 
FACTURING INDUSTRY— EXTENDING  ORDER  NO.  64-15  DATED 
JULY  9,  1934 

WHEREAS,  an  order  signed  by  me  on  December  14,  1933,  provid- 
ing among  other  things,  wage  differentials  for  the  western  area  as 
defined  in  the  Code  of  Fair  Competition  for  the  Dress  Manufacturing 
Industry  and  to  be  enforced  until  July  1,  1934,  prior  to  which  date  the 
Code  Authority  should  m^ake  recommendation  to  the  Administrator 
as  to  the  continuance  or  change  of  the  provisions  of  said  order;  and 

WHEREAS,  on  July  9,  1934  an  order  was  signed  by  me  extending 
the  terms  and  provisions  of  the  aforesaid  order  of  December  14,  1933 
up  to  and  including  August  1,  1934;  and 

WHEREAS,  it  appears  additional  time  is  necessary  for  stud}"  and 
preparation  of  a  report  concerning  wage  differentials  for  the  western 
area;  and 

WHEREAS,  it  appears  to  my  satisfaction  that  the  policy  of  Title  I 
of  the  National  Industrial  Recovery  Act  will  be  effectuated  by  grant- 
ing an  extension  of  time  for  the  preparation  of  said  report  by  the  Code 
Authority: 

NOW,  THEREFORE,  pursuant  to  authority  vested  in  me  by 
Executive  Orders  and  otherwise,  it  is  hereby  ordered  that  said  Order 
No.  64-15,  dated  July  9,  1934,  be  and  the  same  is  hereby  extended 
and  is  continued  to  be  in  full  force  and  effect  in  all  its  provisions  from 
August  1,  1934,  to  December  1,  1934. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 
Sol  a.  Rosenblatt, 

Diinsion  Administrator . 

August  24,  1934. 


725 


ADMINISTRATIVE  ORDER  NO.  X-79 

Government  Contracts  and  Contracts  Involving  the  Use  of 

Government  Funds 


APPLICATION  OF  EXECUTIVE  ORDER  6646 
Exception  No.  40.  August  24,  1934. 

Upon  the  Recommendation  of  the  War  Department  Through 
THE  Secretary  of  War 

By  virtue  of  the  delegation  of  authority  by  the  President  of  the 
United  States  in  paragraph  5  of  the  Executive  Order  6646,  the  follow- 
ing exception  from  the  operation  of  Paragraph  1  of  the  Order  is 
hereby  made: 

All  contracts  with  all  Departments  and  Agencies  of  the  United 
States  Government  for  the  transporting  of  freight  and/or  passengers 
on  the  Columbia  River  and  its  tributaries  and  on  all  inland  waters 
west  of  the  Cascade  Mountains  between  the  Columbia  River  and  the 
northern  boundary  of  the  State  of  California  pending  the  approval 
of  the  Code  of  Fair  Competition  for  the  Inland  Water  Carrier  Trade 
in  the  West  Division  of  the  United  States,  Columbia  River  District. 

Hugh  S.  Johnson, 

Administrator. 


726 


ADMINISTRATIVE  ORDER  NO.  410-16 
Quotations  and  Sales  to  Governmental  Agencies 


ORDER,  CODE  OF  FAIR  COMPETITION  FOR  THE  RETAIL  RUBBER 
TIRE  AND  BATTERY  TRADE— ADMINISTRATIVE  ORDER  410-16 
MODIFYING  ADMINISTRATIVE  ORDER  410-11 

WHEREAS,  pursuant  to  Administrative  Order  410-11  the  toler- 
ance provided  for  in  Executive  Order  6767,  dated  June  29,  1934, 
insofar  as  it  applies  to  sales  of  tires  and  tubes  to  governmental 
agencies  by  members  of  the  Retail  Rubber  Tire  and  Battery  Trade 
was  reduced  so  that  said  tolerance  in  no  event  was  permitted  to 
exceed  ten  per  cent  (10%)  below  the  lowest  reasonable  cost  of  the 
respective  brands  and  classifications  of  tires  and  tubes  as  set  forth 
in  the  Exhibits  attached  to  and  made  a  part  of  Administrative  Order 
410-3;  and 

WHEREAS,  simultaneously  herewith  there  has  been  caused  to  be 
issued  by  Administrative  Order  dated  August  22,  1934,  a  revision  in 
the  determination  of  lowest  reasonable  cost  as  stated  in  said  Adminis- 
trative Order  410-3,  and  a  cancellation  of  said  Administrative  Order 
410-3  for  all  intents  and  purposes  other  than  the  declaration  of 
emergency  therein  contained;  and 

WHEREAS,  the  Deputy  Administrator  has  submitted  a  report 
wliich  is  incorporated  herein  by  reference,  and  it  appears  to  my  satis- 
faction that  the  modification  of  Administrative  Order  410-11  here- 
inafter granted  is  necessary  and  will  tend  to  effectuate  the  policies 
of  Title  I  of  the  National  Industrial  Recovery  Act; 


727 


NOW,  THEREFORE,  I,  Hugh  S.  Johnson,  Administrator  for 
Industrial  Recovery,  pursuant  to  authority  vested  in  me,  do  hereby 
order  that,  effective  August  27,  1934,  Administrative  Order  410-11 
affecting  the  tolerance  provided  for  in  Executive  Order  6767  be  and 
the  same  hereby  is  made  to  apply  to  said  Administrative  Order  410-15, 
dated  August  22,  1934  in  manner  following  and  reference  to  the 
Administrative  Order  410-3  in  said  Order  410-11  for  the  purposes 
therein  set  forth  is  hereby  declared  a  nullity  and  said  Administrative 
Order  410-11  is  hereby  modified  to  that  extent,  and  further  to  the 
extent  that,  on  and  after  the  effective  date  of  this  Order,  applicable 
to  every  member  of  the  trade  subject  to  the  Code  of  Fair  Competition 
for  the  Retail  Rubber  Tire  and  Battery  Trade  the  tolerance  provided 
for  in  Administrative  Order  410-11  in  connection  with  quotations  or 
sales  to  governmental  agencies  of  tires  and  tubes  shall  in  no  event 
exceed  ten  per  cent  (10%)  below  the  lowest  reasonable  cost  of  tires 
and  tubes  as  set  forth  in  exhibits  attached  to  and  made  a  part  of  said 
Administrative  Order  410-15  for  Division  III  as  to  groups  A.  and  B. 
passenger  car  tu-es  and  tubes,  or  Division  I  as  to  group  C.  passenger 
car  tires  and  tubes,  or  Division  I  as  to  pneumatic  truck  and  bus  tires 
and  tubes,  or  Di\dsions  I,  II,  III  and  IV  as  to  farm  tractor  and  solid 
truck  tires. 

Administrative  Order  410-11  is  hereby  modified  insofar  as,  and  to 
such  extent,  as  it  may  be  in  conflict  with  or  inconsistent  with  this 
Order. 

Hugh  S.  Johnson, 
Administrator  for  Industrial  Recovery. 

Approval  recommended: 

C.  E.  Adams, 
By  F.  S.  Strong,  Jr., 

Division  Administrator. 

August  24,  1934. 


INDEX 


INDEX 


Industry 


Abrasive  Grain 

Abrasives,  Coated  (see  also  Coated  Abrasives) 

Academic  Costume 

Accessories,  Upholsterj'  Spring  and  {see  also  Up- 
holstery Spring  and  Accessories) 

Accessories,  Used  Textile  Machinery  and  —  Dis- 
tributing Trade  (see  also  Used  Textile  Ma- 
chinery and  Accessories  Distributing  Trade)-- 
Accounting,  Specialty  —  Supply  Manufacturing 
(see  also  Specialty  Accounting  Supply  Manu- 
facturing)   

Acetylene,  Oxy  (see  also  Oxy-Acetylene) 

Act.      (See  National  Industrial  Recover}'  Act.) 
Adjustment.      (*See  Surgical  Dressings  Industry.) 
Adjustment,  Amendments  to  Bulletin  No.  7,  for 

handling  and  —  of  complaints 

Administration: 

Administration,  Providing  for  notice  of  pro- 
ceedings and  matters  in  the  - —  of  the  Na- 
tional Industrial  Recovery  Act 

Administrator,    Appointment    of    Hugh    S. 

Johnson 

Administrator,  Delegating  further  functions 
and  powers  to  the  —  for  Industrial  Re- 
covery   

Administrator,  Delegation  of  Authority  to  — 
for  Industrial  Recovery  to  prescribe  rules 

and  regulations 

Administrator,  Delegation  of  Authority  to  — 
for  Industrial  Recovery  to  Prescribe  rules 

and  regulations,  etc 

Basic  Code 

Amplification  of  previous  provisions 

Providing  supplementary  provisions 

Bulletin    Board,    Establishment  and   use   of 

Official  N.R.A 

Bulletin  No.  7,  Amendments  to  ■ —  for  han- 
dling and  adjustment  of  complaints    (see 

also  Bulletin  No.  7) 

Certification  and  Exemplification  of  Docu- 
ments   

Code  Administration,  Regulations  governing 

collection  of  expenses  of 

Code  Authority,  Appointment  of  Administra- 
tor as  member  of  each 

Code  Blue  Eagle  Regulations,  Creation,  dis- 
play and  penalty 

Code  — ,  Making  provisions  for  a  clause  in 
codes  of  fair  competition  relating  to  col- 
lection of  expense 

Contractors,    Government  —   must   comply 
with  approved  Codes  of  Fair  Competition- 
80360 — 34 37  (729) 


Date 

Volume 

5-21-34 

12-30-33 

2-19-34 

X 

IV 

VII 

3-10-34 

VII 

4-  4-34 

IX 

5-17-34 
12-15-33 

X 
IV 

4-  6-34 

IX 

12-21-33 

IV 

6-16-33 

I 

12-30-33 

IV 

2-  8-34 

VI 

2-  8-34 
7-10-34 
7-10-34 
7-10-34 

VI 
XIII 
XIII 
XIII 

1-  6-34 

V 

4-  6-34 

IX 

4-11-34 

IX 

4-14-34 

IX 

9-29-33 

I 

4-12-34 

IX 

4-14-34 

IX 

8-10-33 

I 

303 
549 
209 

605 


81 


211 
61 


901 

687 
711 

689 

654 


655 
734 
730 
739 

768 


901 
910 
916 
733 
914 

879 
729 


730 


Code 
No. 


Industry 


Administration — Continued. 

Cooperatives,  Effect  on  —  of  Codes  of  Fair 
Competition 

Crushed  Stone,  Sand  and  Gravel,  and  Slag 
Industries,  Administrative  approval  of  In- 
dustrial Sand  Division  of  the 

Delegation  of  Authority,  Rules  and  regula- 
tions under  Section  10  (a)  and  —  under 
Section  2  (b)  of  the  National  Industrial 
*  Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Expenses,  Governing  collection  of  —  of  Code 

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

Hearings,  Authorization  of  Administrator  to 
appoint  personnel,  fix  compensations  and 
conduct 

Hospitals,  Granting  limited  exemption  from 
provisions  of  Codes  of  Fair  Competition  in 
connection  with  sales  to 

Hospitals,  Granting  permanent  stay  of  ex- 
emption from  Codes  of  Fair  Competition 
in  connection  with  sales  to  ■ — •  for  certain 
Industries 

Hospitals,  Stay  of  order  granting  limited  ex- 
emption from  provisions  of  Codes  of  Fair 
Competition  in  connection  with  sales  to__ 

Industrial  Relations  Committees  for  indus- 
tries operating  under  approved  codes 

Labels,  Rules  and  regulations  concerning  — 
bearing  Emblems  or  Insignia  of  the  N.R.A 

Labor  Provisions,  Extension  of  time  to  apply 
for  official  copies  of 

Labor  Provisions,  Prescribing  Rules  and  Reg- 
ulations for  the  Interpretation  and  Appli- 
cation of  Certain  —  of  Codes  of  Fair  Com- 
petition   

Labor  Provisions,  Regulations  governing  the 
posting  of  —  of  Codes  of  Fair  Competition 

Modify  agreements.  Authorizing  Adminis- 
trator to  —  entered  into  or  approved  by  the 
President  under  Title  I  of  the  National  In- 
dustrial Recovery  Act 

National  Labor  Board,  Abolition  of 

National  Labor  Board,  Continuance  of  the 
— ,  Etc 

Petroleum  Industry,  Administration  of  tlie 
• — ■  given  to  Secretary  of  the  Interior 

Safety  and  Health  Standards,  Force  or  pro- 
visions subsequent  to  approval  by  Admin- 
istrator  

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Orders  wliich  Delegated  to  the  — 
certain  Authority  under  the  National  In- 
dustrial Recovery  Act 

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Order  vv-hich  delegated  to  the  — 
Certain  Authority  under  the  National  In- 
dustrial Recoverv  Act 


Date 

Volume 

2-17-34 

VII 

12-27-33 

IV 

10-14-33 

VI 

2-  1-34 

VI 

2-23-34 
5-26-34 

VII 
X 

8-21-34 

XV 

7-15-33 

V 

1-23-34 

V 

3-  3-34 

VII 

2-  2-34 

VI 

3-30-34 

IX 

1-17-34 

V 

4-14-34 

IX 

2-17-34 

VII 

2-2S-34 

VII 

11-23-33 
6-29-34 

III 

XII 

12-16-33 

VI 

8-2^33 

I 

6-15-34 

XII 

10-20-33 

VI 

1-  8-34 

VI 

Page 


731 


Industry 


Administration — Continued. 

Secretary  of  Agriculture  and  Administrator 
for  Industrial  Recovery,  Delegating  power 

for  joint  code  approval,  etc 

Secretary  of  Agriculture,  Continuing  in  effect 
the  Authority  delegated  to  the  —  by  Ex- 

cutive  Order  No.  6182 

Secretary  of  Agriculture,  Delegation  of  cer- 
tain functions  and  powers  to 

Secretary  of  the  Interior,  Delegation  of  au- 
thority under  section  9  of  the  Act 

Sheltered  Workshops.      {See  Sheltered  Work- 
shops.) 
Stay,  Authority  granted  to  Administrator  to 
—  application  of  Codes  if  petition  is  made 

within  10  dajs  after  effective  date 

Territorial  exemptions  and  agreements  and 
issuance  of  N.R.A.  Insignia  under  Codes 

of  Fair  Competition 

Territories,  Delegating  authority  to  the  Ad- 
ministrator to  enter  into  agreements  for 

Administrator.      (See    Administration;    Appoint- 
ment.) 

Advertising  Display  Installation 

Code  Authority,  Extension  of  time  for  elec- 
tion of  permanent 

Suspension  of  Code,  Partial 

Advertising  Distributing  Trade 

Code  Authority,  Extension  of  time  to  elect 

permanent 

Code  Authority,  Extension  of  time  for  elec- 
tion of  permanent 

Suspension  of  Code,  Partia,l 

Advertising  Metal  Sign  and  Display  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  17) 

Advertising  Newspapers.      {See  Graphic  Arts.) 
Advertising,  Outdoor  —  Trade  {see  also  Outdoor 

Advertising  Trade) 

Advertising  Specialty  Manufacturing 

Wage  and  Hour  Provisions,  Requiring  post- 
ing of  —  for  the  Graphic  Arts  Code  by  the_ . 
Advertising  Topography.      {See  Graphic  Arts.) 
Agricultural   Insecticide  and  Fungicide  {see  also 
Chemical  Manufacturing  Supplement,  No.  1)_. 

Air,  Compressed  {see  also  Compressed  Air) 

Air  Conditioning,  Heating,  Piping,  and  —  Con- 
tractors'   {see   also    Construction    Supplement, 

No.  16) 

Air  Filter  {see  also  Machinery  and  Allied  Products 

Supplement,  No.  32) 

Air  Register,  Warm  {see  also  Warm  Air  Register) . . 

Air  Transport 

Air  Valve 

Air,  Warm  —   Furnace    Manufacturing  {see  also 

Warm  Air  Furnace   Manufacturing) 

Alcohol,  Delegating  further  functions  and  powers 

to  the  Federal  —  Control  Administration 

Alcohol,  Industrial,  —  {see  also  Chemical  Manu- 
facturing Supplement,  No.  3) 

Alcoholic  Beverage  Importing  (Labor  Provision),. 
Alcoholic  Beverage  Wholesale  (Lalif^r  Provisions).. 


Date 


6-29-34 

7-21-33 
6-26-33 
6-30-34 

7-15-33 

7-  2-34 
6-27-34 

1-30-34 

5-15-34 
5-28-34 
2-17-34 

3-30-34 

5-  5-34 
5-28-34 

4-20-34 


2-24-34 
10-31-33 

6-26-34 


5-  1-34 
10-11-33 


7-25-34 

7-21-34 

0-28-34 

11-14-33 

3-31-34 

11-27-33 

8-21-34 

8-21-34 
7-17-34 
5-22-34 


Volume 


XII 
VI 

I 

XII 


XII 
XII 

V 

X 
XI 
VII 

IX 

X 
XI 


IX 


VII 

II 

XII 


X 

I 


XIV 

XIII 
XII 

III 

IX 

III 

XV 

XV 

XIII 

X 


620 

PI 
645 

712 

623 

715 

687 
612 


601 

m 

968 
797 
187 


956 

797 


869 


273 
97 

664 


685 
653 


331 

671 

145 

1 

25 

461 

624 

557 
483 
601 


732 


Code 
No. 


347 
112 
237 


443 
470 

268 


215 


195 

85 
354 


504 
253 
138 

236 


Industry 


All-Cotton  Clothing  Linings  Division.     {See  Cot- 
ton Textile  Supplement,  No.  1.) 
Allied  Products,  Machinery  and  —  {see  also  Ma- 
chinery and  Allied  Products) 

All-metal  Insect  Screen 

Allocation.      {See  Cotton  Garment  Industrj'.) 

Alloy  Casting 

Amendment,  No.  1 

Expenses  of  Code  Administration,  Exemption 

from  Order  relevant  to  collection  of 

Alloys,  Copper,  Brass,  Bronze  and  Related  — 
Trade    (see   also    Wholesaling   or    Distributing 

Trade  Supplement,  No.  21) 

Alloys,   Nickel  and  Nickel   {see  also   Nickel  and 

Nickel  Alloys) 

Aluminum - 

Aluminum   Permanent   Mold   Castings   Division.' 

{See  Non-Ferrous  Foundry.) 
Aluminum,   Secondary   {see  also  Secondary  Alu- 
minum)   

Ambulance,  Funeral  Vehicle  and  (Supplement  to 

Automobile  Manufacturing) 

Amendment.  {See  Executive  Orders;  National 
Industrial  Recovery  Act.) 

American  Glassware 

Automatic  Glassware  Division 

Automatic  Tumbler  Glassware  Division 

Automobile  Glassware  Division 

Blown  Glassware  Division 

Blown  Table  Glassware  Division 

Glassware  Cutting  and  Decorating  Division.. 

Illuminating  Glassware  Division 

Lamp  Chimneys  and  Lantern  Globes  Division. 

Miscellaneous  Glassware  Division 

Pressed  Glassware  Division 

Scientific  Glassware  Division 

Technical  and  Industrial  Glassware  Division. 
Minimum    Wage    Schedules,    Extension    of 

time  to  file  recommendations  for 

Wage    schedules,     Extending    time    to    file 

recommendations  as  to  minimum 

American  Leather  Belting  Division.  {See  Leather 
Industry  Amendment,  No.  1.) 

American  Match 

Amendment,  No.  1 

American  Petroleum  Equipment 

Ammunition,  Small  Arms  and  —  Manufacturmg 
{see  also  Small  Arms  and  Ammunition  Manu- 
facturing)   

Animal  Glue 

Animal  Soft  Hair 

Anti-Friction  Bearing 

Amendment,  No.  1 ;;-"";""/"""" 

Appliance,  Cooking  and  Heating  —  Manufactur- 
ing  {see  also  Cooking  and  Heating  Apphance 

Manufacturing) ..._.- -■ 

Appliance,  Locomotive  {see  also  Machmery  and 

Allied  Products  Supplement,  No.  12) ...- 

Appliance,  Locomotive  —  Subdivision.  {See 
Machinery  and  Allied  Products  Amendment, 
No.  3.)  ,  , 
Appliance,  Railway  —  Manufacturing  {see  also 
Machinery  and  Allied  Products  Supplement, 
No.  39) 


Date 


3-17-34 
11-14-33 

1-30-34 
7-22-34 

7-18-34 


8-13-34 

5-24-34 
6-26-34 


2-  8-34 
11-  8-33 

1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 

6-15-34 

5-17-34 


12-30-33 

4-24-34 

11-  2-33 


3-22-34 
8-23-34 
2-  2-34 
11-27-33 
7-31-34 


1-30-34 
6-  5-34 


Volume 


VIII 
III 

V 
XIII 

XIII 


XV 

X 
XII 


VI 

II 


V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 

XII 

X 


IV 
X 

II 


VIII 

XV 

VI 

III 

XIV 


V 
XI 


-  1-34     XIV     523 


733 


Code 
No. 

Industry- 

Date 

Volume 

Page 

Appliances,    Railway    Car    (see    also    Fabricated 

Metal    Products    Manufacturing    and    Metal 

Finishing  and  Metal  Coating  Supplement,   No. 

5) 

2-  9-34 

VI 

637 

198 

Appliance,  Railway  Safety  (see  also  Railway  Safety 

Appliance) 

1-12-34 

V 

33 

Appointment: 

Central  Statistical  Board 

7-27-33 

I 

724 

Hugh  S.  Johnson  as  Administrator 

6-16-33 

I 

711 

Hugh  S.  Johnson  to  appoint  personnel,  fix 

compensations  and  conduct  hearings 

7-15-33 

V 

763 

Hugh    S.    Johnson   to   serve   temporarily   as 

member  of  each  code  Authority 

9-29-33 

I 

733 

Sheltered     Workshops,     Providing     for    the 

design  and  use  of  insignia,  specifying  pledge 

to   be   signed,   and  —  of   National   Com- 

mittee  

5-11-34 

X 

961 

visions  of  Codes  of  Fair  Competition  affecting.  _ 

6-27-34 

XII 

613 

Appropriation,    Expenditures   out   of   allocations 

from  the  —  for  National  Industrial  Recovery 

3-27-34 

VIII 

863 

Aprons  Division.     {See  Leather  Industry  Amend- 

ment, No.  1.) 

Archery.      (*See  Athletic   Goods   Manufacturing.) 

Arch,  Locomotive  —  Refractories  Division.     {See 

Refractories.) 

Arches,  Suspended  Walls  and  —  Division.      {See 

Refractories.) 

354      Arms,  Small  —  and  Ammunition  Manufacturing 

{see  also  Small  Arms  and  Ammunition  Manu- 

facturing)   

3-22-34 
9-18-33 

VIII 

I 

347 

29 

Artificial  Flower  and  Feather 

381 

Amendment,  No.  1 

8-14-34 

XV 

293 

Approving   overtime   work   on    certain   con- 

ditions for  the  —  Industry 

2-21-34 

VII 

715 

Denial    of    Application    for    exemption    by 

Kaplan  Brothers 1 

11-  4-33 

II 

701 

Artistic  Lighting  Equipment  Manufacturing  (see 

also  Fabricated  Metal  Products  Manufacturing 

and  Metal  Finishing  and  Metal  Coating  Sup- 

plement, No.  37) 

^    6-28-34 

XII 

509 

335 

Art  Needlework 

3-16-34 
7-17-34 
2-17-34 

VIII 

XIII 

VII 

75 

Amendment,  No.  1 

329 

287 

Arts,  Graphic  (see  also  Graphic  Arts) 

1 

80 

Asbestos 

11-  1-33 
11-  1-33 

II 
II 

273 

Asbestos  Cement  Products  Division 

273 

Asbestos  Paper  and  Allied  Products  Division  _ 

11-  1-33 

II 

273 

Asbestos  Magnesia  Products  Division 

11-  1-33 

II 

273 

Asbestos  Textile  Products  Division 

11-  1-33 

II 

273 

Brake  Lining  and  Related  Friction  Products 

Division 

11-  1-33 
4-27-34 

II 

X 

273 

Amendment,  No.  1 

479 

Brake  Lining  and  Related  Friction  Products 

Division,  Approving  A  Merchandising  Plan 

for  the 

8-  8-34 

XV 

637 

191 

Ashes,  Cinders,  — ,  and  Scavenger  Trade  (see  also 

Cinders,  Ashes,  and  Scavenger  Trade) 

12-30-33 

IV 

569 

150 

Asphalt  and  Mastic  Tile 

12-  7-33 

III 

617 

Amendment,  No.  1 

7-20-34 

XIII 

421 

Costs,   Staying  code  provisions  relevant  to 

prices  covering  installation 

8-13-34 

XV 

661 

99 

Asphalt  Shingle  and  Roofing  Manufacturing 

11-  6-33 

II 

523 

734 


Code 
No. 


239 


254 


Industry 


50 


17 


Assembling,    Porcelain   Breakfast   Furniture    {see 
also  Porcelain  Breakfast  Furniture  Assembling)  _ 
Athletic  Goods  Distributing  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 

13) 

Athletic  Goods  Manufactxlnng 

Archery  Division 

Badminton  Division 

Balls  Division 

Baseball  Division 

Basket  Ball  Division 

Boxing  Division 

Cricket  Division 

Emblems  Division 

Equipment  Division 

Field  Athletics  Division 

Golf  Division 

Handball  Division 

Football  Division 

Hockey  Division 

La  Crosse  Division 

Letters  Division 

Pennants  Division 

Polo  Division 

Racquets  Division 

Shoe  Division 

Squash  Division 

Rugby  Foot  Ball  Division 

Soccer  Division 

Tennis  Division 

Track  Division 

Uniforms  Division 

Volley  Ball  Division 

Water  Polo  Division 

Wrestling  Division 

Amendment,  No.  1 

Athletic     Underwear     Manufacturers     Division. 

{See  Cotton  Garment.) 
Atlantic  Mackerel  Fishing  {see  also  Fishery  Sup- 
plement, No.  4) 

Auto,  Fabric  —  Equipment  Division.    {See  Light 

Sewing  Industry  Except  Garments.) 
Automatic    Glassware   Division.     {See   American 
Glassware.) 

Automatic  Sprinkler 

Amendment,  No.  1 

Cost  accounting  system,  approving  basis  of  _ . 
Automatic    Tumbler    Glassware    Division.      {See 

American  Glassware.) 
Automobile  Fabrics,  Proofing  and  Backing  Divi- 
sion.     {See  Rubber  Manufacturing.) 
Automobile  Glassware  Division.     {See  American 

Glassware.) 
Automobile    Hot    Water    Heater    Manufacturing 
{see    also    Automotive    Parts    and    Equipment 

Manufacturing  Supplement,  No.  1) 

Automobile  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Automotive  Board  of  Three,  Authorization 
to  pass  on  certain  questions  arising  in  Auto- 
motive Parts  and  Equipment  Manufactur- 
ing  


1-30-34 


7-17-34 
2-  2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-  2-34 
2-  2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-  2-34 
2-  2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-34 
2-  2-34 
5-31-34 


2- 
2- 
2- 
2- 
2- 
2- 


2- 
2- 
2- 
2- 
2- 
2- 
2- 
2- 
2- 


2- 
2- 
2- 
2- 
2- 
2- 
2- 
2- 
2- 


5-  3-34 


10-  9-33 

7-20-34 
8-24-34 


6-25-34 

8-26-33 

12-18-33 

1-  S-34 


V 


XIII 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
VI 
XI 


X 


I 

XIII 
XV 


XII 

I 

IV 
V 


4-27-34    IX  936 


735 


Industry 


Automobile  Manufacturing — Continued. 

Board,  Establishing  a  —  of  three 

Supplement,  No.  1,  Funeral  and  Ambulance 

Subdivisions 

Automotive  Parts  and  Equipment  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Authorization  of  the   Automotive  Board  of 

Three  to  pass  on  certain  questions  arising  in. 

Supplement,    No.     1,    for    Automobile    Hot 

Water  Heater  Manufacturing 

Supplement,    No.    2,   for   Replacement   Axle 

Shaft  Manufacturing 

Supplement,  No.  3,  for  Leaf  Spring  Manufac- 
turing  

Automotive,  Wholesale  —  Trade  {see  also  Whole- 
sale Automotive  Trade) -_-. 

Auxiliary,  Marine  —  Machinery  {see  also  Marine 

Auxiliary  Machinery) 

Axe  Division.     {See  Tool  and  Implement  Manu- 
facturing Industry  Supplement.) 
Axle  Shaft,  Replacement  —  IVIanufacturing  {see 
also  Automotive  Parts  and  Equipment  Manu- 
facturing Supplement,  No.  2) 

Backing,    Automobile   Fabrics,    Proofing  and  — - 

Division.      {See  Rubber  Manufacturing.) 
Back  wall.  Pottery  Supplies  and  —  and  Radiant 
{see  also  Pottery   Supplies  and   Backwall  and 

Radiant) 

Badminton.    {See  Athletic  Goods  Manufacturing.) 
Bag,  Hand  —  Frame  Manufacturing  {see  also  Fab- 
ricated   Metal,    Products    Manufacturing    and 
Metal   Finishing   and    Metal    Coating   Supple- 
ment, No.  45) 

Bag,  Paper  —  Manufacturing  {see  also  Paper  Bag 

INIanufacturing) 

Bag,  Transparent  —  and  Envelope  Division.     (<See 
Transparent  Materials  Converters.) 

Bag,  Used  Textile  {see  also  Used  Textile  Bag) 

Bag,  Textile  (see  also  Textile  Bag) 

Bakers',  Retail  —  Division.      (.See  Baking.) 
Bakery  Equipment  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 

29)--.". 

Baking 

Cake  Bakers'  Division 

House  to  house  Bakers'  Division 

Local  Wholesale  Bakers'  Division 

Multiple  Unit  Retail  Bakers'  Division 

Multistate  Bakers'  Division 

Pie  Bakers'  Division 

Retail  Bakers'  Division 

Specialty  Bakers' — Dark  Bread  Division 

Specialty  Bakers' — White  Bread  Division 

Amendment,  No.  1 

Code  Authority,  Staying  effective  date  and 

increasing  time  for  the  —  to  file  reports  — 

Price  Lists,  Stay  of  code  provisions  relevant 

to I 

Ball  Clay  Production 

Balls.     {See  Athletic  Goods  Manufacturing.) 
Banana  and  Dry  Cleaner  or  Garment  Delivery 
Bag  Division.     {See  Paper  Bag  Manufacturing.) 


Date 

3-26-34 

11-  8-33 

11-  8-33 

3-29-34 

8-23-34 

4-27-34 

6-25-34 

7-  3-34 

7-18-34 

12-18-33 

1-30-34 


7-  3-34 
2-16-34 

8-  1-34 
1-26-34 


2-  8-34 
9-18-33 


7-13-34 

5-28-34 
5-28-34 
5-28-34 
5-28-34 
5-28-34 
5-28-34 
5-28-34 
5-28-34 
5-28-34 
5-28-34 
6-16-34 

6-16-34 

7-19-34 
1-16-34 


Volume 

VIII 

II 

II 

IX 

XV 

IX 

XII 

XII 

XIII 

IV 

V 


XII 

VI 

XIV 
V 


VI 

I 


XIII 
XI 
XI 
XI 
XI 
XI 
XI 
XI 
XI 
XI 
XI 
XII 

XII 

XIII 
V 


874 

671 
599 
635 
407 

936 

475 

533 

631 

185 

625 


533 

539 

463 
461 


295 
361 


595 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 

247 

611 

763 
165 


736 


Code 
No. 


273 


411 

47 


141 
52 

286 
398 


40 

410 

417 
404 


138 
233 


286 


219 


Industry  Date 


Band  Instrument  Manufacturing 2-10-34 

Bank  and  Comnaercial  Stationery.  {See  Graphic 
Arts.) 

Bank  and  Security  Vault  Manufacturing 5-  1-34 

Bankers 10-  3-33 

Amendment,  No.  1 1-22-34 

Stay  of  effective  date  of  Article  VIII 12-1 1-33 

Bankers,  Investment  {see  also  Investment  Bank- 
ers)     11-27-33 

Bankers,  Mutual  Savings  {see  also  Mutual  Savings 

Bankers) 10-  9-33 

Barber,  Beauty  and  —  Equipment  and  Supplies 
Trade  {see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  4) 4-  4-34 

Barber,  Beauty  and  —  Shop  Mechanical  Equip- 
ment Manufacturing  {see  also  Beauty  and  Bar- 
ber Shop  Mechanical  Equipment  Manufactur- 
ing)       2-16-34 

Barber  Shop  Trade 4-19-34 

Suspension  of  Code,  Partial 5-28-34 

Barber  Supplies,  Beauty  and  —  Division.  (»See 
Wholesaling  or  Distributing  Trade.) 

Barrel,  Standard  Steel  —  and  Drum  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  26) 5-16-34 

Baseball.     {See  Athletic  Goods  Manufacturing.) 

Basic  Code 7-10-34 

Amplification  of  previous  provisions 7-10-34 

Providing  supplementary  provisions 7-10-34 

Basic  Refractories  Division.     {See  Refractories.) 

Basket  Ball.  {See  Athletic  Goods  Manufactur- 
ing.) 

Battery,  Electric  Storage  and  Wet  Primary  {see 

also  "Electric  Storage  and  Wet  Primary  Battery)  _    10-  3-33 

Battery,  Retail  Rubber  Tire  and  —  Trade  {see 

also  Retail  Ruljber  Tire  and  Battery  Trade) 5-  1-34 

Batting  and  Padding ; 5-  5-34 

Batting,  Dry  Goods  Cotton  {see  also  Dry  Goods 

Cotton  Batting) 4-21-34 

Beamers,  Rayon  Yarn  Winders,  Warpers,  Slashers 
and  —  Division.  {See  Textile  Processing 
Amendment,  No.  3.) 

Bearing,    Anti-Friction    {see    also    Anti-Friction 

Bearing) 11-27-33 

Bearings,  Railway  Brass  Car  and  Locomotive 
Journal  —  and  Castings  Manufacturing  {see 
also  Railway  Brass  Car  and  Locomotive  Jour- 
nal Bearings  and  Castings  Manufacturing) 1-29-34 

Beater  and  Jordan  and  Allied  Equipment  {see  also 
Machinery  and  Allied  Products  Supplement, 
No.  7) 5-14-34 

Beauty  and  Barber  Equipment  and  Supplies 
Trade  {see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  4) 4-  4-34 

Beauty  and  Barber  Shop  Mechanical  Equipment 

Manufacturing 2-16-34 

Beauty  and  Barber  Supplies  Division.  {See 
Wholesaling  or  Distributing  Trade.) 

Bedding  Manufacturing 1-23-34 

Amendment,  No.  1 6-29-34 

Amendment,  No.  2 7-10-34 


Volume 
VI 
IX 

I 

V 
IV 

III 
I 

IX 


VI 
IX 
XI 


X 

XIII 

XIII 
XIII 


IX 
X 

IX 


III 


IX 
VI 


V 

XII 
XIII 


737 


Code 

No. 

Industry 

Date 

Volume 

Page 

Bedding  Manufacturing — Continued. 

Amendment,  No.  3 

7-27-34 
7-31-34 

XIV 
XIV 

139 

Amendment,  No.  4 

217 

451 

Bedspread,  Candlewick  (see  also  Candlewick  Bed- 

spread)   

6-  1-34 

XI 

111 

79 

Bedspreads,     Novelty    Curtain,     Draperies    and 

Noveltv  Pillow 

11-  1-33 

II 

263 

Bed,  Temporary  limitation  of  hours  of  machine 

operation  in  the  Wide  —  Sheeting  Group  of  the. 

(See  Cotton  Textile  Industry.) 

Beech,  Maple,  — ,  and  Birch  Flooring  Division. 

(See  Lumber  and  Timber  Products.) 

302 

Beeswax,    Candle   Manufacturing    Industry    and 
the  —  and  Bleachers  Refiners  (see  also  Candle 
Manufacturing  Industry  and  the  Beeswax  and 

Bleachers  Refiners) 

2-20-34 

VII 

243 

Beet  Svigar  (Labor  Provisions) 

10-27-33 

II 

687 

422 

Belt,  Canvas  Stitched  —  Manufacturing  (see  also 

Canvas  Stitched  Belt  Manufacturing) 

5-  9-34 

X 

75 

94 

Belt,   Garter,   Suspender  and  —  Manufacturing 
(see  also  Garter,  Suspender,  and  Belt  Manufac- 

turing)   

11-  4-33 

II 

471 

Belting,    American    Leather   —    Division.      (See 

Leather  Industry  Amendment,  No.  1.) 

Belt,   Multiple  V  —  Drive  (See  also  Machinery 

and  Allied  Products  Supplement,  No.  30) 

7-13-34 

XIII 

605 

41 

Belt,  Women's  (see  also  Women's  Belt) 

Beverage,    Alcoholic  —   Importing    (Labor   Pro- 

10- 3-33 

I 

511 

vision)  (see  also  Alcoholic  Beverage  Importing), 

7-17-34 

XIII 

483 

Beverage,    Alcoholic  —    Wholesale    (Labor   Pro- 

visions)   

5-22-34 
3-16-34 

X 

VIII 

601 

334 

Beverage  Dispensing  Equipment 

59 

Cabinet,    Mill    and    Architectural    Woodwork 

Institute,  Allowing  exception  from  the  code 

for 

4-17-34 

XIII 

723 

Calunet,    Mill    and    Architectural    Woodwork 

Institute,  Inclusion  of  —  under 

7-10-34 
5-23-34 
5-21-34 

XIII 
X 
X 

729 

441 

Bias  Tape 

343 

437 

Bicycle  Manufacturing 

287 

346 

Billiard,  Bowling  and  —  Operating  Trade  (see  also 

Bowling  and  Billiard  Operating  Trade) 

3-17-34 

VIII 

221 

Binder  Twine  Division.    (See  Cordage  and  Twine.) 

Binding,  Library.     (See  Graphic  Arts.) 

Birch,  Maple,  Beech,  and  —  Flooring  Division. 

(See  Lumber  and  Timber  Products.) 

24 

Bituminous  Coal 

9-18-33 
3-31-34 

4-22-34 

I 

IX 
X 

323 

Amendment,  No.  1 

665 

Amendment,  No.  2 

431 

Amendment,  No.  3 

6-  4-34 

XI 

391 

Bids,  Staying  application  of  Order  relevant  to 

—  Rendered  to  governmental  agencies 

6-27-34 

XII 

665 

Code  Authorities,  Appointment  of  Administra- 

tion Members  on  Coordination  Boards  of  the 

6-21-34 
9-29-33 

XII 

I 

655 

Revision 

702 

Sales  to  hospitals,  Disallowing  special  exemp- 

tions for 

5-28-34 

XI 

791 

Bituminous,    Cold    Laid   —    Concrete    Division, 

Approving.      (See    Crushed    Stone,    Sand    and 

Gravel,  and  Slag  Industries.) 

505 

Blackboard  and  Blackboard  Eraser  Manufactur- 

ing  

8-23-34 

XV 

117 

738 


Code 
No. 


489 


403 
302 


299 

186 
221 
368 


194 


238 


353 

406 
414 

258 

38 

62 


Industry 


Blackboard  Slate  Division.      (See  Slate.) 

Blade,  Hack  Saw  —  Manufacturing  {see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  8) ^ 

Blade,  Safety  Razor  and  Safety  Razor  —  Manu- 
facturing {see  also  Safety  Razor  and  Safety 
Razor  Blade  Manufacturing) 

Blankets  Division.  (*See  Wool  Textile  Amend- 
ment, Ivio.  1.) 

Blast  Furnace  Castings  Division.  {See  Non- 
Ferrous  Foundry.) 

Bleached  Shellac  Manufacturing 

Bleachers,  Candle  Manufacturing  Industry  and 
the  Beeswax  and  —  Refiners  {see  also  Candle 
Manufacturing  Industry  and  the  Beeswax  and 
Bleachers  Refiners) 

Bleachers,  Cotton  Yarn  Dyers  and  —  Division. 
{See  Textile  Processing  Amendment,  No.  3.) 

Blind,  Venetian  {see  also  Venetian  Blind) 

Block,  Brush  Handle  and  Brush  —  Division.  {See 
Wood  Turning  and  Shaping.) 

Block,  End  Grain  Strip  Wood  {see  also  End  Grain 
Strip  Wood  Block) 

Block,  Metal  Hat  Die  and  Wood  Hat  {see  also 
Metal  Hat  Die  and  Wood  Hat  Block) 

Block,  Print  Roller  and  Print  —  Manufacturing 
{see  also  Print  Roller  and  Print  Block  Manu- 
facturing)   

Block,  Tackle  —  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  11) . 

Blouse  and  Skirt  Manufacturing 

Amendment,  No.  1 

Blouse,  Men's  and  Boys'  Shirt  and  —  Division. 
{See  Cotton  Garment  Amendment,  No.  5.) 

Blower,  Fan  and  (.see  also  Fan  and  Blower) 

Blue  Crab  (see  also  Fishery  Supplement,  No.  5)  _ 

Blue  Eagle,  Code  —  Regulations,  Creation,  dis- 
play and  penalty 

Blue  Eagle  Regulations,  Creation  and  penalties.  _ 

Board,  Central  Statistical  ■ —  Appointing  of  (see 
also  Central  Statistical  Board) 

Board,  Cork  Bulletin  and  Display  —  Manufac- 
turers Division.      {See  Cork.) 

Board,  Creation  of  the  National  Recovery  Review 

Board,  Establishment  and  use  of  Official  N.R.A. 
Bulietin 

Board,  Funds  for  the  National  Recovery  Review. 

Board,  Insulation  (see  also  Insulation  Board) 

Boatbuilding  and  Boat  Repairing 

Bobbin  and  Spool 

Amendment,  No.  1 

Boiler,  Cast  Iron  —  and  Cast  Iron  Radiator  (see 
also  Cast  Iron  Boiler  and  Cast  Iron  Radiator). 

Boiler  Manufacturing 

Amendment,  No.  1 

Boiler,  Range  —  Manufacturing.  {See  Plumb- 
ing Fixtures  Amendment,  No.  2.) 

Boiler,  Steel  Tubular  and  Fire  Box  {see  also  Steel 
Tubular  and  Fire  Box  Boiler) 


Date 

Volume 

3-17-34 

VII 

7-21-34 

XIII 

4-21-34 

IX 

2-20-34 

VII 

1-24-34 

V 

12-30-33 

IV 

1-23-34 

V 

3-26-34 

VIII 

3-26-34 

12-30-33 

8-  2-34 

VIII 

IV 

XIV 

1-30-34 
5-  5-34 

V 
X 

4-12-34 
4-19-34 

IX 

IX 

7-27-33 

I 

3-  7-34 

VII 

1-  6-34 
3-  9-34 
3-22-34 
4-24-34 
5-  3-34 
8-  2-34 

V 

VII 

VIII 

IX 

IX 

XIV 

2-  3-34 

10-  3-33 

4-16-34 

VI 

I 

IX 

10-23-33 

I 

739 


Industry 


Bonding,  High  Temperature  —  Mortars  Division. 
{See  Refractories.) 

Bonnaz,  Pleating,  Stitching  and  —  and  Hand 
Embroidery  {see  also  Pleating,  Stitching  and 
Bonnaz  and  Hand  Embroidery) 

Book,  Loose  Leaf  and  Blank  {see  also  Loose  Leaf 
and  Blank  Book) 

Book  Manufacturing.      {See  Graphic  Arts.) 

Booksellers  Trade  {see  also  Retail  Trade  Supple- 
ment, No.  1) 

Boot  and  Shoe  Manufacturing 

Amendment,  No.  1 

Bottled  Soft  Drink 

Deposit  rules  and  schedule.  Approving  of 

Sale,  Approval  of  regulations  to  govern  terms 
and  conditions  of 

Bottle,  Paper  Disc  Milk  —  Cap  {see  also  Paper 
Disc  Milk  Bottle  Cap). 

Bottle,  Sanitarv  Milk  —  Closure  {see  also  Sanitary 
Milk  Bottle  Closure) 

Bottling  Machinery  and  Equipment  Manufactur- 
ing  

Bowling  and  Billiard  Operating  Trade 

Suspension  of  Code,  Partial 

Box,  Folding  Paper  {see  also  Folding  Paper  Box)  _ 

Boxing.      {See  Athletic  Goods  Manufacturing.) 

Box,  Paper  —  Machinery  Industrjf  and  Trade 
{see  also  Packaging  Machinery  Industry  and 
Trade  Suj^plement,  No.  2) 

Box,  Set  Up  Paper  —  Manufacturing  {see  also 
Set  Up  Paper  Box  Manufacturing) 

Bracket,  Wooden  Insulator  Pin  and  —  Manu- 
facturing {see  also  Wooden  Insulator  Pin  and 
Bracket  Manufacturing) 

Bradford,  Worsted  Spinners,  —  System  Division 
{See  Wool  Textile  Amendment,  No.  1.) 

Braided  Elastic  Division.      {See  Narrow  Fabrics.) 

Braided  Non-Elastic  Division.  {See  Narrow 
Fabrics.) 

Braiding,  Knitting  —  and  Wire  Covering  Ma- 
chine {see  also  Knitting,  Braiding  and  Wire 
Covering  Machine) 

Braid,  Millinery  and  Dress  Trimming  —  and 
Textile  {see  also  Millinery  and  Dress  Trimming 
Braid  and  Textile) 

Brass,  Copper,  — ,  Bronze  and  Related  Alloj^s 
Trade  {see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  21) 

Brass,  Copper  and  —  Mill  Products  {see  also  Cop- 
per and  Brass  Mill  Products) 

Brass  Forging  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  42). 

Brassiere,  Corset  and  —  {see  also  Corset  and  Bras- 
siere)   

Brassiere,  Corset,  —  and  Allied  Trade  Fabrics 
Division.  {See  Cotton  Textile  Supplement, 
No.  1.) 

Brass,  Railway  —  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing  {see  also 
Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 


Date 

Volume 

2-10-34 

VI 

5-  1-34 

IX 

4-13-34 
10-  3-33 
8-  9-34 
6-  7-34 
8-18-34 

IX 

I 

XV 
XI 
XV 

8-24-34 

XV 

2-  1-34 

VI 

3-26-34 

VIII 

4-  4-34 

3-17-34 

5-28-34 

12-30-33 

IX 

VIII 

XI 

IV 

5-21-34 

XI 

12-18-33 

IV 

3-16-34 

VIII 

10-  3-33 

I 

10-31-33 

II 

8-13-34 

XV 

11-  2-33 

II 

7-19-34 

XIII 

8-14-33 

I 

1-29-34 

V 

403 
551 

833 
541 
209 
225 

673 

723 

15 

581 

71 
221 
797 
591 


515 
243 

115 


411 
149 

511 

289 

645 
69 


740 


Code 

No. 

Industry- 

Date 

Volume 

Page 

Brass,  Sanitary  —  Plumbing  Fittings  Division. 

(See  Plumbing  Fixtures.) 

Bread,    Specialty    Bakers' — White    —    Division. 

(See  Baking.) 

239 

Breakfast  Furniture,  Porcelain  —  Assembling  {see 

also  Porcelain  Breakfast  Furniture  Assembling).. 

1-30-34 

V 

587 

Brewing  (Labor  Provisions) 

3-22-34 

VIII 

729 

Brick,  Sleeve,  Nozzle,  and  Runner  —  and  Tuyeres 

Division.     {See  Refractories.) 

431 

Bridge,  Toll  (see  also  Toll  Bridge) 

5-17-34 

X 

199 

Bright  Wire  Goods  Manufacturing  {see  also  Fabri- 

cated Metal  Products  Manufacturing  and  Metal 

Finishing  and  Metal  Coating  Sui^plement,  No. 

21) 

5-  7-34 
11-27-33 

X 

III 

781 

129 

Broadcasting,  Radio  (see  also  Radio  Broadcasting)  _ 

353 

392 

Brokerage,    Real    Estate    {see   also    Real    Estate 

Brokerage) 

4-  9-34 

IX 

259 

Bronze,    Copper,    Brass,  —  and  Related   Alloys 

Trade    {see   also    Wholesaling    or    Distributing 

Trade  Supplement,  No.  21) 

8-13-34 

XV 

511 

465 

Broom  Manufacturing 

6-18-34 

XII 

19 

Brush  Handle  and  Brush  Block  Division.      {See 

Wood  Turning  and  Shaping.) 

360 

Brush  Manufacturing 

3-23-34 
3-23-34 

VIII 
VIII 

423 

Household  Brush  Manufacturers'  Division. _ 

423 

Industrial,  Jewelers'  and  Dental  Brush  Man- 

ufacturers' Division 

3-23-34 

VIII 

423 

Paint    and    Varnish    Brush    Manufacturers' 

Division 

3-23-34 
3-23-34 

VIII 
VIII 

423 

Shaving  Brush  Manufacturers'  Division 

423 

Toilet  Brush  Manufacturers'  Division 

3-23-34 

VIII 

423 

Twisted-in-Wire  Manufacturers'  Division 

3-23-34 

VIII 

423 

Wire  Brush  Manufacturers'  Division 

3-23-34 

VIII 

423 

400 

Buckle,  Celluloid  Button,  —  and  Novelty  Manu- 
facturing {see  also  Celluloid  Button,  Buckle  and 

Novelty  Manufacturing) 

4-20-34 

IX 

367 

97 

Buffing  and  Polishing  Composition 

11-  4-33 

II 

501 

Amendment,  No.  1 

8-  9-34 

11-14-33 

7-18-34 

XV 

II 

XIII 

213 

96 

Buff  and  Polishing  Wheel 

491 

Amendment,  No.  1 

385 

Builders,   Hoist   (see  also   Machinery  and  Allied 

Products  Supplement,  No.  20) 

6-12-34 

XII 

403 

37 

Builders  Supplies  Trade 

10-  3-33 

7-27-34 

I 

XIV 

469 

Amendment,  No.  1 

143 

Overhead    costs,    Approving   — ,    rules    and 

regulations  for  the 

2-17-34 

VII 

711 

Overhead  Costs,  based  on  cost  of  merchandise. 

4-  9-34 

IX 

904 

Overhead     costs,     Temporary     approval    of 

method  of  determining  —  for  the  —  Trade. 

1-  8-34 

V 

769 

Building  Granite  {see  also  Construction  Supple- 

ment, No.  18) 

8-20-34 

XV 

535 

33 

Building  Materials,  Retail  Lumber,  Lumber  Prod- 

ucts,   — ,    and    Building    Specialties     {see    also 

Retail    Lumber,    Lumber    Products,    Building 

Materials,  and  Building  Specialties) 

10-  3-33 

I 

417 

285 

Building,    Railway    Car    {see    also    Railway    Car 

Building) 

2-16-34 

VI 

551 

169 

Building,  Savings,  —  and  Loan  Associations  {see 

also  Savings,  Building  and  Loan  Associations).. 

12-21-33 

IV 

279 

331 

Bulk  Drinking  Straw,  Wrapped  Drinking  Straw, 
Wrapped  Toothpick,  and  Wrapped  Manicure 

Stick 

3-14-34 

VIII 

13 

741 


Code 

No. 

Industry 

Date 

Volume 

Page 

Bulletin,  Cork  —  and  Display  Board  Manufac- 

turers Division.      {See  Cork.) 

Bulletin,  Establishment  and  use  of  Official  N.R.A_ 

1-  6-34 

V 

768 

Bulletin  No.  7: 

Complaint  procedure,  Providing  —  through 

"officially  authorized"  Code  Authorities 

5-12-34 

X 

964 

Complaints,  Amendments  to  —  for  handling 

and  adjustment  of 

4-  6-34 

IX 

901 

348 

Burlesque  Theatrical 

3-20-34 

VIII 

257 

25 

Burner,  Oil  {see  also  Oil  Burner) 

9-18-33 

I 

339 

Amendment,  No.  1 

10-  3-33 

I 

703 

88 

Business     Furniture,     Storage     Equipment,     and 

Filing  Supplv 

11-  4-33 

II 

383 

Steel  Locker  Division 

11-  4-33 
11-  4-33 
11-  4-33 
11-  4-33 

II 
II 
II 
II 

383 

Steel  Office  Furniture  Division 

383 

Steel  Shelving  Division ' 

383 

Visible  Filing  Equipment  Division 

383 

Amendment,  No.  1 

6-15-34 
6-15-34 

XII 
XII 

239 

Filing  Supply  Division 

239 

Fire  Resistive  Safe  Division 

6-15-34 

XII 

239 

Contracts  with  the  procurement  division 

of  the  U.S.  Government,  Stay  of  code 

provisions 

7-23-34 

XIV 

559 

Price  declines,  Stay  of  provisions  appli- 

cable to 

5-26-34 

X 

986 

Quotations  to   Governmental  Agencies, 

Exemption  relevant  to 

7-11-34 

XIII 

742 

Quotations  to   Governmental  Agencies, 

Stay  of  Code  Provisions  relevant  to 

7-20-34 

XIII 

766 

Schedule  of  Quantity,  Approval  of  ex- 

emption from  uniform 

6-  7-34 
7-30-34 

XI 
XIV 

816 

Supplement,  No.  1  for  Fire  Resistive  Safe. 

405 

Supplement,  No.  2  for  Filing  Supply 

7-30-34 

XIV 

391 

66 

Bus,  Motor  (see  also  Motor  Bus) 

10-31-33 

II 

107 

378 

Butter,  Peanut  (see  also  Peanut  Butter) 

4-  4-34 

IX 

55 

400 

Button,  Celluloid  — ,  Buckle  and  Novelt}^  Manu- 

facturing (see  also  Celluloid  Button,  Buckle  and 

Novelty  Manufacturing) 

4-20-34 

IV 

367 

336 

Button,  Covered  {see  also  Covered  Button) 

3-16-34 

VIII 

87 

341 

Button,  Fiber  and  Metal  Work  Clothing  —  Manu- 

facturing (see  also  Fiber  and  Metal  Work  Cloth- 

ing Button  Manufacturing) 

3-17-34 

VIII 

155 

310 

Button,  Fresh  Water  Pearl  — •  Manufacturing  (see 

also  Fresh  Water  Pearl  Button  Manufacturing). 

2-26-34 

VII 

359 

Button  Jobbers'  or  Wholesalers'  Trade  (see  also 

Wholesaling  or  Distributing  Trade  Supplement, 

No.  15) 

7-26-34 

XIV 

369 

461 

Button,  Vegetable  Ivory  —  Manufacturing  (see 

also  Vegetable  Ivory  Button  Manufacturing) 

6-  9-34 

XI 

263 

Buttons.      (^See  Fresh  Water  Pearl  Button  Manu- 

facturing Wholesaling  or  Distributing  Trade.) 

Cable,  Wire  and  —  Subdivision.      {See  Electrical 

Manufacturing.) 

Cake  Bakers'  Division.      (*See  Baking.) 

California  Sardine   Processing    (see   also   Fishery 

Supplement,  No.  3) 

4-24-34 

X 

645 

266 

Canal,  Inland  Water  Carrier  Trade  in  the  Eastern 

Division  of  the  United  States  Operating  Via  the 

New  York  —  System  {see  also  Inland  Water 

Carrier  Trade  in  the  Eastern  Division  of  the 

United   States  Operating  Via  the   New  York 

Canal  System) 

2-  6-34 

XI 

281 

742 


Code 

No. 

Industry 

Date 

Volume 

Page 

302 

Candle  Manufacturing  Industry  and  the  Beeswax 

and  Bleachers  Refiners 

2-20-34 
6-  1-34 
6-11-34 

VII 
XI 
XI 

243 

451 

Candlewick  Bedspread 

111 

463 

Candy  Manufacturing 

301 

Sale  and  distribution,  Stay  of  provisions  rele- 

vant to  —  certain  types  of  merchandise 

6-21-34 

XII 

652 

Trade  Practice  Provision,  Extending  stay  of 

one 

7-22-34 

XIII 

768 

Wage  adjustments  above  the  minimum,  Stay- 

ing time  limit  for  equitable 

8-24-34 

XV 

724 

Candy  Stick  Division.      {See  Wood  Turning  and 

Shaping.) 

305 

Can,  Fibre  — and  Tube  {see  also  Fibre  Can  and 

Tube) 

2-24-34 

VII 

285 

Can  Labeling  and  Can  Casing  Machinery  Industry 

and  Trade  {see  also  Packaging  Machinery  In- 

dustry and  Trade) 

5-  5-34 

X 

767 

152 

Can  Manufacturers 

12-15-33 

IV 

15 

Territorial  exemptions  from  Codes  for 

7-23-34 

XIV 

563 

Can,  Milk  and  Ice  Cream  —  Manufacturing  (.see 

also  Fabricated  Metal  Products  Manufacturing 

and  Metal  Finishing  and  Metal  Coating  Sup- 

plement, No.  30) 

5-17-34 

XI 

481 

429 

Canned  Salmon 

5-15-34 

X 

167 

446 

Canning 

5-29-34 
10-31-33 

XI 

II 

25 

75 

Canning  and  Packing  Machinery 

219 

Amendment,  No.  1 

1-27-34 

V 

689 

Amendment,  No.  2 

7-18-34 

XIII 

389 

333 

Canvas  Goods 

Labor  provisions,  'Extending  time  for  Com- 

3-16-34 

VIII 

41 

mittee  Report  on 

6-11-34 

XI 

825 

Canvas  Lug  Straps  Division.      {See  Leather  In- 

dustry Amendment,  No.  1.) 

422 

Canvas  Stitched  Belt  Manufacturing 

5-  9-34 

X 

75 

58 

Can  and  Closure                                  _    -    

10-20-33 
6-  5-34 

II 

XI 

1 

457 

Cap  and  Cloth  Hat 

193 

246 

Cap,  Paper  Disc  Milk  Bottle  (see  also  Paper  Disc 

Milk  Bottle  Cap) 

2-  1-34 

VI 

15 

Cap   Screw    Manufacturing    (.see  also  Fabricated 

Metal    Products     Manufacturing    and     Metal 

Finishing  and  Metal  Coating  Supplement,  No. 

19) 

5-  3-34 

X 

697 

Caps,  Hats  and  —  Division.     {See  Wholesaling  or 

1 

Distributing  Trade.) 

269 

Carbon  Black  Manufacturing 

2-  8-34 

VI 

319 

Carbon  Dioxide  (see  also  Chemical  Manufacturing 

Supplement,  No.  2) 

5-  4-34 

X 

723 

Carbonizers,  Wool  Scourers  and  —  Division.      (*See 

Wool  Textile  Amendment,  No.  1.) 

222 

Card  Clothing 

1-23-34 

V 

357 

Amendment,  No.  1 

7-  5-34 

XII 

393 

Carded  Men's  Wear  Division.      {See  Wool  Textile 

Amendment,  No.  1.) 

Carded    Spinners    Division.      {See    Wool    Textile 

Amendment,  No.  1.) 

Carded  Women's  Wear  Division.      (»See  Wool  Tex- 

tile Amendment,  No.  1.) 

Carded  Yarn.      {See  Cotton  Textile  Industry.) 

301 

Card    Sample  (see  also  Sample  Card) 

2-19-34 

VII 

231 

Cards,  Greeting.      (.S'ee  Graphic  Arts.) 

202 

1-12-34 

V 

83 

Credit  allowances.  Termination  of  stay  relevant 

to 

5-12-34 

X 

965 

743 


Industry 


Carpet,  Covered  —  Padding  Division.  {See 
Light  Sewing  Industry  Except  Garments.) 

Carpet,  Drapery  and —  Hardware  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  22) 

Car,  Railway  —  Appliances  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  5)_ 

Car,  Railway  Brass  —  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing  (see  also 
Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 

Car,  Railway  —  Building  {see  also  Railwa}'  Car 
Building) 

Carrier,  Inland  Water  —  Trade  in  the  Eastern 
Division  of  the  United  States  Operating  Via  the 
New  York  Canal  System  {see  also  Inland  Water 
Carrier  Trade  in  the  Eastern  Division  of  the 
United  States  Operating  Via  the  New  York 
Canal  System 

Car,  Tank  —  Service  {see  also  Tank  Car  Service)  _ 

Carving,  Ornamental  Moulding,  —  and  Turning 
{see  also  Ornamental  Moulding,  Carving,  and 
Turning) 

Car  Wheel,  Chilled  {see  also  Chilled  Car  Wheel) ._ 

Case,  Watch  —  Manufacturing  {see  also  Watch 
Case  Manufacturing) 

Casing,  Can  Labeling  and  Can  —  Machinery  In- 
dustry and  Trade  {see  also  Packaging  Machin- 
ery Industry  and  Trade  Supplement,  No.  1) 

Caster  and  Floor  Truck  Manufacturing  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  26) 

Castings.      {See  Non-Ferrous  Foundry.) 

Casting,  Alloy  {see  also  Alloy  Casting) 

Casting,  Die  —  Manufacturing  {see  also  Die  Cast- 
ing Manufacturing) 

Castings,  Railway  Brass  Car  and  Locomotive 
Journal  Bearings  and —  Manufacturing  {see  also 
Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 

Castings,  Steel  {see  also  Steel  Castings) 

Cast  Iron  Boiler  and  Cast  Iron  Radiator 

Cast  Iron,  Enameled  —  Plumbing  Fixtures  Divi- 
sion.     {See  Plumbing  Fixtures.) 

Cast  Iron  Pressure  Pipe 

Cast  Iron  Soil  Pipe 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Caulking  Compounds,  Waterproofing,  Damp- 
proofing  — ■  and  Concrete  Floor  Treatments 
Manufacturing  {see  also  Waterproofing,  Damp- 
proofing  Caulking  Compounds  and  Concrete 
Floor  Treatments  Manufacturing) 

Celluloid  Button,  Buckle  and  No\elty  Manufac- 
turing  

Cellulose  Ribbon  Division.  {See  Transparent 
Materials  Converters.) 

Cement 

Bids  for  Portland  Cement  for  Fort  Peck 
Tunnels  in  the  State  of  Montana,  Excep- 
tion for 


Date 


5-  9-34 
2-  9-34 

1-29-34 
2-16-34 


2-  6-34 
5-22-34 


2-  5-34 
2-17-34 

12-23-33 


5-  5-34 

7-  7-34 
1-30-34 
3-  8-34 


1-29-34 

11-  2-33 

2-  3-34 


12-30-33 
9-  7-33 

12-18-33 
7-10-34 
8-  3-34 


11-27-33 
4-20-34 


11-27-33 
6-15-34 


Volume 


X 
VI 

V 
VI 


VI 
X 


VI 
VII 

IV 


X 

XIII 

V 

VII 


V 

II 

VI 


IV 

I 

IV 
XIII 
XIV 


III 

IX 


III 

XII 


793 
637 

511 
551 


281 
315 


205 
129 

403 


767 

523 
563 
527 


511 
299 
173 


579 
259 
645 

257 
297 


497 
367 


325 
634 


744 


Code 
No. 


184 


275 


355 
460 


241 
373 


Industry 


Cement — Continued. 

Exemption   of   members   from    certain    pro- 
visions of  Article  XI  for  the  • — ■  Industry, 

pending  modification 

Stay,  Temporary  —  of  Article  XI  for  the  — 

Industry 

Cemert,    Asbestos  —    Products    Division.      {See 

Asbestos.) 
Cement,  Shoe  and  Leather  Finish,  Polish,  and  — 
Manufacturing  (see  also  Shoe  and  Leather  Fin- 
ish, Polish,  and  Cement  Manufactuiing) 

Cement  Gun  Contractors  (see  also  Construction 

Supplement,  No.  4) 

Central  Statistico.1  Board: 

Appointment  of 

Enumeration  of  function 

Providing  Additional  funds 

Cereal  Machinery  Subdivision.      {See  Machinery 

and  Allied  Products.) 
Certification  and  Exemplification  of  Documents, 

Rules  and  Regulations  governing 

Certification,  rule  for  • —  of  Documents 

Chain  Hoist,  Hand  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 

No.  2) 

Chain  Manufacturing  (see  also  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 

and  Metal  Coating  Supplement,  No.  3) 

Chain    Pipe    Wrenches    (Tongs)    Division.     {See 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing   and    Metal   Coating   Supple- 
ment, No.  15.) 
Chain,  Roller  and  Silent  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  24) 

Chain,  Sprocket  (see  also  Machinery  and  Allied 

Products  Suppleinent,  No.  34) 

Charcoal  and  Package  Fuel  Distributing  Trade 
(see    also    Wholesaling   or    Distributing    Trade 

Supplement,  No.  19) 

Chemical  Engineering  Equipment  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 


23). 


Chemical  Engineering  Equipment  Subdivision. 
(*See  Machinery  and  Allied  Products,  Amend- 
ment, No.  3.) 

Chemical  Manufacturing 

Supplement,  No.  1,  for  Agricultural  Insecti- 
cide and  Fungicide 

Nicotin e  Group 

Sulphur  Group 

Pyrethrum-Retonone  Group 

Supplement,  No.  2,  for  Carbon  Dioxide 

Amendment,  No.  1 

Supplement,  No.  3,  for  Industrial  Alcohol 

Chemical,   Rug  —  Processing  Trade  (see  also  Rug 

Chemical  Processing  Trade) 

Cherry,  Preserve,  Maraschino  —  and  Glace  Fruit 
{see    also    Preserve,    Maraschino    Cherry    and 

Glace  Fruit) 

Chewing  Gum 

Children's  Wear,  Infants'  and  {see  also  Infants' 
and  Children's  Wear) 


Date 

Volume 

1-23-34 

V 

1-  5-34 

V 

12-30-33 

IV 

3-21-34 

VIII 

7-27-33 
5-  4-34 
5-25-34 

I 

X 
X 

4-11-34 
11-18-33 

IX 

III 

1-30-34 

V 

1-31-34 

V 

7-  5-34 

XII 

7-21-34 

XIII 

8-  7-34 

XV 

7-  5-34 

XII 

2-10-34 

VI 

5-  1-34 
5-  1-34 
5-  1-34 
5-  1-34 
5-  4-34 
8-16-34 
S-21-34 

X 
X 
X 
X 
X 
XV 
XV 

3-23-34 

VIII 

6-  8-34 
1-30-34 

XI 
V 

3-27-34 

VIII 

745 


Industry- 


Volume 


Chilled  Car  Wheel ---. 

Chimneys,   Lamp  —  and  Lantern  Globes  Divi- 
sion.     (See  American  Glassware.) 
China  Accessories  Division.      {See  Floor  and  Wall 
Clay  Tile  Manufacturing  Amendment,  No.  1.) 
China,  Vitreous  —  Plumbing  Fixtures  Division. 
(See  Plumbirg  Fixtures.) 

Chinaware  and  Porcelain  Manufacturing 

Amendment,  No.  1 

Chocolate,  Cocoa  and  —  Manufacturing  {see  also 

Cocoa  and  Chocolate  Manufacturing) 

Chromium  Plate,  Pewter,  —  Miscellaneous  Divi- 
sion.     (See  Silverware  Manufacturing.) 
Church  Envelope  System.      {See  Graphic  Arts.) 

Cigar  Container 

Cost   inclusion   and   application.    Approving 

uniform  method  of 

Cigar  Manufacturing 

Hours,     Wages     and     Merchandising     Plan, 
Extending  stays  provided  in  order  of  Code 

approval  relevant  to 

Wage   Exemptions,    Granting  higher  —  for 

slow  workers 

Cinders,  Ashes,  and  Scavenger  Trade 

Claj^  and  Shale  Roofing  Tile 

Amendment,  No.  1 

Clay,    Ball    —    Production    {see    also    Ball    Clay 

Production) 

Clay  Drain  Tile  Manufacturing 

Code  Authority,  Extension  of  time  for  elec- 
tion of  permanent 

Clay,  Fire.      {See  Refractories.) 
Clay,  Floor  and  Wall  —  Tile  Manufacturing  {see 
also  Floor  and  Wall  Clay  Tile  Manufacturing)  _ . 
Clay    Flower    Pot    Division.      {See   Earthenware 
Manufacturing.) 

Clay  Machinery 

Clay,  Structural  —  Products  {see  also  Structural 

Clay  Products) 

Clay,  Vitrified  —  Sewer  Pipe  Manufacturing  {see 
also  Vitrified  Clay  Sewer  Pipe  Manufacturing)  . 
Cleaner,  Banana  and  Dry  —  or  Garment  Delivery 
Bag  Division.    {See  Paper  Bag  Manufacturing.) 
Cleaner,  Vacuum  —  Manufacturing  {see  also  Vac- 
uum Cleaner  Manufacturing) 

Cleaning  and  Dyeing  Trade 

Amendment,  No.  1 

Suspension  of  Code,  Partial 

Cleaning,  Laundry  and  Dry  —  Machinery  Manu- 
facturing (see  also  Laundry  and  Dry  Cleaning 

Machinery  Manufacturing) 

Cleansing,  Sanitary  Napkin  and  ■ — ■  Tissue   {see 

also  Sanitary  Napkin  and  Cleansing  Tissue) 

Clipper,  Hair —  Manufacturing  Subdivision.    {See 
Machinery  and  Allied  Products.) 

Closure,  Cap  and  {see  also  Cap  and  Closure) 

Closure,  Sanitarv  Milk  Bottle  {see  also  Sanitarv 

Milk  Bottle  Closure) "1. 

Cloth,  Cap  and  —  Hat  (see  also  Cap  and  Cloth 

Hat) 

Cloth,  Cotton  —  Glove  Manufacturing  (see  also 
Cotton  Cloth  Glove  Manufacturing) 

86360—34 38 


2-17-34 


11-27-33 
3-16-34 

6-15-34 


11-27-33 

8-16-34 
6-19-34 


6-23-34 

8-10-34 

12-30-33 

4-  6-34 

7-17-34 

1-16-34 
3-24-34 

5-17-34 


11-  4-33 

3-17-34 
11-27-33 
11-27-33 


3-  2-34 

11-  8-33 

4-19-34 

5-28-34 


IC-  3-33 
1-12-34 

10-20-33 
3-26-34 
6-  5-34 

12-30-33 


VII 


III 
VIII 

XII 


III 

XV 

XII 


XII 

XV 

IV 

IX 

XIII 

V 
VIII 

X 


II 

VIII 

III 
III 


VII 

II 

X 

XI 


I 

V 

II 

VIII 
XI 
IV 


129 


273 
635 


433 

669 
61 


660 

655 
569 
219 
333 

.165 
483 

976 


443 

183 
197 
445 


449 
547 
409 
797 


437 
59 

1 
581 
193 
525 


746 


Industry 


{See   Wood   Turning  and 

{See 


Clothespin    Division. 

Shaping.) 
Clothes,  Work  —  Manufacturing  Division 

Cotton  Garment  Amendment,  No.  5.) 
Cloth,  Hair  —  Manufacturing  {see  also  Hair  Cloth 

Manufacturing) 

Clothiers'  Linings  Division.     (.See  Cotton  Textile 

Supplement,  No.  1.) 
Clothing,  All-Cotton  —  Linings  Division.     {See 
Cotton  Textile  Supplement,  No.  1.) 

Clothing,  Card  {see  also  Card  Clothing) 

Clothing,  Fiber  and  Metal  Work  —  Button  Manu- 
facturing {see  also  Fiber  and  Metal  Work  Cloth- 
ing Button  Manufacturing) 

Clothing,  Men's  {see  also  Men's  Clothing) 

Cloth,  Leather  —  and  Lacquered  Fabrics.  Window 
Shade  Cloth  and  Impregnated  Fabrics  Indus- 
tries {see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 

Fabrics  Industries) 

Cloth,  Pulp  and  Paper  Mill  Wire  —  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  44) 

Cloth  Reel 

Cloth,  Table  Oil  {see  also  Table  Oil  Cloth) 

Cloth,  Wiping  {see  also  Wiping  Cloth) 

Coal,  Bituminous  {see  also  Bituminous  Coal) 

Coal  Dock 

New  England  Division 

Northwest  Division 

Vessel  Fueling  Division 

Bids,  Staying    application     of     Order    rele- 
vant   to    —    rendered     to     governmental 


agencies 

Code  Authorities,  Appointment  of  Admin- 
istration Members  on  Coordination  Boards 

of  the  Several 

Coal,  Wholesale  {see  also  Wholesale  Coal) 

Coat  and  Suit 

Amendment,  No.  1 

Exemption,  Denial  of  application  for  —  by 
Associated  Coat  and  Suit  Manufacturers 

of  Portland,  Oregon 

Exemption,  Denial  of  application  for  —  by 
Connecticut  Garment  Manufacturers  As- 
sociation  

Coated  Abrasives 

Coating,  Job  Galvanizing  Metal  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  28) 

Cock,  Gas  {see  also  Gas  Cock) 

Cocoa  and  Chocolate  Manufacturing 

Code  Administration: 

Alloy  Casting,  Exemption  relevant  to  collec- 
tion of  expenses  of 

Codes  of  fair  competition.  Making  provisions 
for  a  clause  in  ■ — •  relating  to  collection  of 

expense 

Expenses  of,  Regulations  governing  collection 
of 


12-15-33 


1-23-34 


3-17-34 
8-26-33 


5-  3-34 


7-30-34 
2-17-34 
2-  2-34 
2-17-34 
9-18-33 
3-16-34 
3-16-34 
3-16-34 
3-16-34 


6-27-34 


6-21-34 
3-  1-34 
8-  4-33 
8-20-34 

XII 
VII 

I 
XV 

10-11-33 

I 

9-  7-33 
12-30-33 

I 

IV 

5-17-34 

10-31-33 

6-15-34 

XI 

II 

XII 

7-18-34 

XIII 

4-14-34 

IX 

8-21-34 

XV 

IV 


VIII 

I 


IX 


XIV 

VII 

VI 

VII 

I 

VIII 
VIII 
VIII 
VIII 


XII 


747 


Code 

No. 


Industry 


Code  Administration — Continued. 

Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating, 
Terminating  exemption  relevant  to  collec- 
tion of  expenses  of 

Governing  collection  of  expenses  of 

Gray    Iron    Foundry,    Exemption   for   order 
providing  method  of  meeting  expenses  of__ 
Imported   Date  Packing,   Termination  rele- 
vant to  collection  of  expenses  of 

Live  Poultry  Industry  of  the  Metropolitan 
Area  in  and  about  the  City  of  New  York, 
Partial  exemption  for  collection  of  ex- 
penses of 

Non-Ferrous  Foundry,  Termination  of  ex- 
emption for  collection  of  expenses  of 

Regulations  governing  collection  of  expense 

of 

Retail    Solid    Fuel,    Exemption    relevant    to 

collection  of  expenses  of 

Tank  Car  Service,  Termination  of  exemption 

relevant  to  collection  of  expenses  of 

Termination  of  exemption  for  collection  of 

expenses  of 

Warm  Air  Furnace  Manufacturing,  Ter- 
mination   of   exemption   for    collection   of 

expenses  of 

Washing  and  Ironing  Machine  Manufacturing, 
Termination     of    exemption    relevant    to 

collection  of  expenses  of 

Code  Authorities,  Bulletin  No.  7,  Providing  com- 
plaint procedure  through  "officially  authorized" 
Code  Authority,  Appointment  of  Administrator 

to  Service  on  Each 

Code  Blue  Eagle  Regulations,  Creation,  displaj^ 

and  penalty 

Code   Eagles,    Code   Committees   and  —   under 

Service  Trades  or  Industries 

Code  Making: 

Mandatorj^  Provisions,  Amplification  or  pre- 
vious order  relevant  to 

Mandatory  rules  and  regulations.  Prescribing 

Plan  for  completion  of 

Codes  of  Fair  Competition: 

Apprentice    training.    Application    of    Labor 

Provisions  affecting 

Bribery,  Commercial  —  provisions  to  be  in- 
cluded in  codes  heretofore  approved 

Code  Administration,  Governing  collection  of 

expenses  of 

Code  Administration,  Making  provisions  for 
a  clause  in  —  relating  to  collection  of  ex- 
pense  

Contractors,  Compliance  by  Government  — 

with  approved 

Contracts,  Government  —  and  contracts  involv- 
ing the  use  of  Government  Funds  {see  also  Con- 
tracts, Government  —  and  contracts  involving 

the  use  of  Government  Funds) 

Cooperative  organization.  Defining  effect  of  cer- 
tain provisions  in  the  Codes  upon  (see  also 
Cooperatives) 


Date 


7-19-34 
5-26-34 

6-22-34 

7-31-34 

7-16-34 
7-27-34 
4-14-34 

7-  7-34 
7-17-34 
7-27-34 

7-24-34 

8-  2-34 
5-12-34 
9-29-33 
4-12-34 
6-28-34 


7-10-34 
7-10-34 
7-10-34 


6-27-34 

11-27-33 

5-26-34 

4-14-34 
8-10-33 

3-14-34 
10-23-33 


Volume 


XIII 
X 

XII 

XIV 

XIII 
XIV 
IX 
XIII 
XIII 
XIV 

XIV 


XIV 

600 

X 

964 

I 

732 

IX 

914 

XII 

678 

XIII 
XIII 
XIII 

730 
739 
734 

XII 

613 

III 

659 

X 

987 

IX 

879 

I 

729 

VIII 

859 

II 

698 

765 
987 

659 

587 

754 
577 
916 
725 
757 
576 

566 


748 


Industry 


Exemptions,    Rules    and   regulations    concerning 

modifications  of  and  —  from  approved 

Governmental  agencies,  Exemption  for  quotations 

made  to  —  from 

Homeworlcers,  Application  of  Labor  Provisions  of 

Codes  to 

Hospitals,  Granting  limited  exemption  from  pro- 
visions of  —  in  connection  with  sales  to 

Hospitals,  Stay  of  order  granting  limited  exemp- 
tion from  provisions  of  —  in  connection  with 

sales  to 

Labor  Provisions,  Prescribing  Rules  and 
Regulations  for  the  Interpretation  and 
Application     of     Certain  —  of  —  as    they 

may  affect  Handicapped  Workers 

Labor  Provisions,  Regulations  governing  the 

posting  of  —  of 

Labor  provisions.  Rules  and  regulations  gov- 
erning the  posting  of  —  of 

Labor  provisions.  Use  of  labels  under  —  con- 
taining mandatory 

Local  codes  for  uncodified  Service  Trades  or 

Industries 

Presidexit's  Reemployment  Agreement,  Ex- 
ception   for   retail    and    service   trades   in 

towns  of  less  than  2,500  population 

Prohibiting  dismissal  of  employees  for  report- 
ing alleged  violations 

Regulations 

Secretary  of  Agriculture  and  Administrator 
for  Industrial  Recovery,  Delegating  power 

for  j oint  code  approval,  etc 

Service  Trades  or  Industries.      {See  Service 

Trades  or  Industries.) 
Statistical  reports,  Requiring  certain  —  from 

members  of  industries  subject  to 

Territorial  exemptions  and  agreements  and 

issuance  of  N.R.  A.  Insignia 

Workshops.      {See  Sheltered  Workshops.) 

Coffee 

Amendment,  No.  1 

Coffee  Bag  Division.  {See  Paper  Bag  Manufac- 
turing.) 

Coin  Operated  Machine  Manufacturing 

Amendment,  No.  1 

Cold  Laid  Bituminous  Division,  Approving.  {See 
Crushed  Stone,  Sand  and  Gravel,  and  Slag 
Industries.) 

Cold  Storage  Door  Manufacturing 

Collapsible  Tube 

Collar,    Men's  —  Manufacturers    Division.     {See 

Cotton  Garment.) 
Collection,  Code  Administration,  Making  provi- 
sions for  a  clause  in  codes  of  fair  competition  re- 
lating to  —  of  expense 

Collection,  Governing  —  of  expenses  of  Code  Ad- 
ministration  

Color,  Dry  (see  also  Dry  Color) 

Combed  Thread.      {See  Cotton  Textile  Industry.) 
Combed  Yarn.      {See  Cotton  Textile  Industry.) 
Combers   Division.     {See   Wool  Textile   Amend- 
ment, No.  1.) 


Date 

Volume 

5-  5-34 

X 

6-12-34 

XII 

5-15-34 

X 

1-23-34 

V 

2-  2-34 

VI 

2-17-34 

VII 

2-28-34 

VII 

2-12-34 

VI 

5-28-34 

XI 

6-28-34 

XII 

5-15-34 

X 

5-15-34 
7-15-33 

X 

I 

6-29-34 

XII 

3-16-34 

VIII 

7-  2-34 

XII 

2-  6-34 
7-  3-34 

VI 
XII 

1-23-34 
7-17-34 

V 
XIII 

7-11-34 
3-17-34 

XIII 
VIII 

4-14-34 

IX 

5-26-34 
4-25-34 

X 
IX 

Page 

957 
625 
950 

782 

659 

706 
721 
662 
792 
615 

952 

949 
713 

620 

870 

687 

267 
369 


435 
337 


31 
209 


879 

987 
481 


749 


Industry 


Comfortable  Division.  (See  Light  Sewing  Indus- 
try except  Garments.) 

Commercial  bribery  provisions  to  be  included  in 
Codes  heretofore  approved 

Commercial  Fixture 

Commercial  Photography  Division.  {See  Photo- 
graphic and  Photo  Finishing.) 

Commercial  Refrigerator 

Commercial  Relief  Printing.     (See  Graphic  Arts.) 

Commercial  Stationery  and  Office  Outfitting  Trade 
(see  also  Wholesaling  or  Distributing  Trade, 
Supplement,  No.  3) 

Commercial  Vehicle  Body 

Committees,  Industrial  Relations  —  for  indus- 
tries operating  under  approved  codes 

Compact  of  Fair  Competition  for  the  Prison  In- 
dustries of  the  United  States  of  America 

Compensations.      {See  Administration.) 

Complaints,  Amendments  to  Bulletin  No.  7,  for 
handling  and  adjustment  of 

Complaints,  Labor  —  and  Disputes,  Procedure 
for  handling 

Complete  Wire  and  Iron  Fence  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement, 
No.  38) 

Compliance  Procedure,  Providing  price  tolerance 
and  —  under  Government  contracts  and  con- 
tracts involving  the  use  of  government  funds 

Compliance.  {See  Administration;  Codes  of  Fair 
Competition.) 

Composition,  Buffing  and  Polishing  {see  also  Buff- 
ing and  Polishing  Composition) 

Composition,  Cork  —  and  Cork  Specialties  Man- 
ufacturers Division.     («See  Cork.) 

Compressed  Air 

Concrete,  Cold  Laid  Bituminous  —  Division,  Ap- 
proving. {See  Crushed  Stone,  Sand,  and  Gravel, 
and  Slag  Industries.) 

Concrete  Masonry 

Amendment,  No.  1 

Concrete  Mixer  (see  also  Machinery  and  Allied 
Products  Supplement,  No.  37) 

Concrete  Pipe  Manufacturing 

Concrete,  Ready  Mixed  {see  also  Ready  Mixed 
Concrete) 

Conditioning,  Heating,  Piping,  and  Air  —  Con- 
tractors' (see  also  Construction  Supplement,  No. 
16) 

Cone,  Ice  Cream  {see  also  Ice  Cream  Cone) 

Confectioners',  Wholesale  (see  also  Wholesale  Con- 
fectioners')   

Construction 

Agricultural  pursuits.  Exemption  of  persons 

engaged  in 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Planning  and  Adjustment  Board,  Appointing 

Chairman  for  the 

Supplement,  No.  1,  for  General  Contractors- _ 
Building  Contractors  Subdivision 


Date 

Volume 

11-27-33 
5-  3-34 

III 
IX 

12-23-33 

IV 

3-16-34 
7-16-34 

VIII 
XIII 

3-30-34 

IX 

4-19-34 

IX 

4-  6-34 

IX 

7-27-34 

XIV 

7-  3-34 

XII 

6-29-34 

XII 

11-  4-33 

II 

10-11-33 

I 

11-27-33 
8-13-34 

III 

XV 

8-  1-34 
12-30-33 

XIV 
IV 

2-27-34 

VII 

7-25-34 
6-  4-34 

XIV 
XI 

6-  6-34 
1-31-34 

XI 
V 

6-13-34 
3-  5-34 
4-13-34 
5-10-34 
8-  3-34 

XII 

VII 

IX 

X 

XIV 

6-  6-34 
2-17-34 
2-17-34 

XI 
VII 
VII 

659 
591 


441 

761 
159 

890 

731 

901 
575 

545 
616 

501 
653 


407 
265 

477 
497 

371 


331 

177 

205 
649 

627 
651 
707 
531 
307 

789 
667 
667 


750 


Industry 


Construction — Continued. 

Supplement  No.  1 — Continued. 

Heavy  Construction  and  Railroad  Con- 
tractors Subdivision 

Highway  Contractors  Subdivision 

Supplement,  No.  2,  for  Painting,  Paperhang- 

ing,  and  Decorating 

Amendment,  No.  1 

Supplement,   No.  3,  for  Elevator  Manufac- 
turing  

Supplement,   No.  4,  for  Cement  Gun  Con- 
tractors   

Amendment,  No.  1 

Supplement,  No.  5,  for  Tile  Contracting 

Amendment,  No.  1 

Supplement,  No.  6,  for  Electrical  Contracting, 

Amendment,  No.  1 

Supplement,  No.  7,  for  Mason  Contractors.- 

Amendment,  No.  1 

Supplement,   No.  8,  for  Roofing  and  Sheet 

Metal  Contracting 

Supplement,  No.  9,  for  Plumbing  Contracting- 

Amendment,  No.  1 

Supplement,   No.   10,  for  Resilient  Flooring 

Contracting 

Supplement,   No.   11,  for  Wood  Floor  Con- 
tracting  

Suijplement,  No.  12,  for  Insulation  Contrac- 
tors  

Supplement,  No.  13,  for  Kalamein 

Supplement,  No.  14,  for  Plastering  and  Lath- 
ing Contracting 

Supplement,  No.  15,  for  Terazzo  and  Mosaic 

Contracting 

Supplement,  No.  16,  for  Heating,  Piping,  and 

Air-Conditioning   Contractors 

Supplement,  No.  17,  for  Marble  Contracting.  _ 

Supplement,  No.  18,  for  Building  Granite 

Construction  Machinery  Distributing  Trade 

Amendment,  No.  1 

Consumers',  Definition  of  Farmers'  and  —  Co- 
operatives  

Container,  Cigar  (sec  also  Cigar  Container) 

Container,  Corrugated  and  Solid  Fiber  Shipping 
(see  also  Corrugated  and  Solid  Fiber  Shipping 

Container) 

Container,  Cylindrical  Liquid  Tight  Paper  (see 
also  Cylindrical  Liquid  Tight  Paper  Container). 

Container,  Glass  (see  also  Glass  Container) 

Container,  Open  Paper  Drinking  Cup  and  Round 
Nesting  Paper  Food  (see  also  Open  Paper 
Drinking  Cup  and  Round  Nesting  Paper  Food 

Container) 

Continuance.     (See  Administration.) 
Contracting,    Electrical    (see    also    Construction 

Supplement,  No.  6) 

Contracting,    Plastering    and    Lathing    (see    also 

Construction  Supplement,  No.  14) 

Contracting,    Plumbing    (see    also    Construction 

Supplement,  No.  9) 

Contracting,  Tile  (see  also  Construction  Supple- 
ment, No.  5) 


Date 


2-17-34 
2-17-34 

3-12  34 
7-10-34 

3-21-34 

3-21-34 
7-19-34 
4-  2-34 
7-12-34 
4-19-34 
7-23-34 
4-19-34 
7-23-34 

5-10-34 
5-15-34 
8-11-34 

5-29-34 

5-29-34 

6-  7-34 
6-  9-34 

6-27-34 

7-13-34 

7-25-34 
8-11-34 
8-20-34 
1-23-34 
6-23-34 

5-18-34 
11-27-33 


2-  1-34 


Volume 


VII 
VII 

VIII 
XIII 

VIII 

VIII 
XIII 

IX 
XIII 

IX 
XIV 

IX 
XIV 

X 

X 

XV 

XI 

XI 

XI 
XI 

XII 

XIII 

XIV 

XV 

XV 

V 

XII 

X 

III 


VI 


2-  1-34 
10-  3-33 

VI 

I 

3-26-34 

VIII 

4-19-34 

IX 

6-27-34 

XII 

5-15-34 

X 

4-  2-34 

IX 

751 


Code 
No. 


Industry 


Volume 


Contractors,  Cement  Gun  (see  also  Construction 
Supplement,  No.  4) 

Contractors,  General  (see  also  Construction 
Supplement,  No.  1) 

Contractors,  Insulation  (see  also  Construction 
Supplement,  No.  12) 

Contractors,  Mason  (see  also  Construction  Sup- 
plement, No.  7) 

Contractors'    Pump     (see    also    Machinery    and 

Allied  Products  Supplement,  No.  11) 

Contracts,  Government  —  and  contracts  involv- 
ing the  use  of  Government  Funds 

Administrative  or  Executive  Orders,  Exemp- 
tions for  those  not  covered  by  codes 

Agriculture,  Cooperative  agreements  with 
the  Department  of 

American  Crane  Company,  Exception  for — 

Canal  Zone,  Exempting  contracts  to  be  per- 
formed in 

Compliance  procedure,  Providing  price  tol- 
erance and 

Copper  and  Brass  Mill  Products,  Exception 
from 

Defaulted  contracts  are  to  be  remade  on 
original  terms 

Default,  Exempting  contracts  subsequent  to 

Detroit  Edison  Company  of  Detroit,  Mich., 
with  the  U.S.S.  Dubuque,  Naval  Reserve 
Armory,  and  U.S.  Naval  Reserve  Aviation 
Base,  Grosse  He,  Mich 

Foreign  Countries,  Exempting  contracts  or 
leases  to  be  performed  in 

Foreign  origin,  Materials  and  articles  of 

Gas  to  the  Superintendent  of  Lighthouses 
from  the  Pintsch  Compressing  Company . 

Globe  Wireless,  Ltd.,  for  furnishing  tele- 
graphic service  to  the  Weather  Bureau 

Government  freight  or  personnel.  Exception 
for  movements  of 

Hay,  exception  for  cutting  and  baling  of  — 
produced  on  the  reservations  at  Fort  Riley, 
Kans.,  Fort  Sill,  Okla.,  and  Fort  Reno,  Okla 

Immigration  and  Naturalization  Service, 
Exception  for  contracts  negotiated  by 
the  — ,  U.S.  Department  of  Labor 

Lease  of  Indianapolis,  Ind.,  stockyard  space 
upon  the  premises  of  the  Belt  Railroad  and 
Stockj^ards  Company 

Lease  of  quarters  in  Terre  Haute,  Ind 

Leases  or  agreements  with  Yale  University __ 

Lease  of  space  in  the  Indianapolis,  Ind.,  stock- 
yards  

Lessor  for  quarters,  American  University 

Meridian  and  Bigbee  River  Railway  Com- 
pany, Exception  extended  to  the  Trustee  of 

Navy  Department  and  the  North  Shore  Gas 
Company  of  Chicago,  111 

New  Central  Garage,  Inc.,  with  the  Bureau  of 
Internal  Revenue 

Petroleum  Industry,  Contracts  Between  the 
U.S.  Government  and 

Post  Office  Quarters,  E]xception  for 

Post  Office  Quarters,  Leases  for 


3-21-34 

2-17-34 

6-  7-34 

4-19-34 

6-  5-34 

3-14-34 

&-  9-34 

5-29-34 
5-16-34 

4-  6-34 

6-29-34 

3-29-34 

5-16-34 
4-11-34 

6-29-34 

4-11-34 

5-29-34 

8-20-34 
8-20-34 
5-15-34 

5-16-34 

5-15-34 

8-  2-34 
6-12-34 
6-13-34 

7-17-34 
5-29-34 

4-26-34 

6-29-34 

8-20-34 

7-28-34 
4-19-34 
6-  9-34 


VIII 

VII 

XI 

IX 

XI 

VIII 

XI 

XI 
X 

IX 

XII 

IX 

X 

IX 

XII 

IX 
XI 

XV 

XV 

X 


X 

XIV 
XII 
XII 

XIII 
XI 

IX 

XII 

XV 

XIV 
IX 
XI 


793 

667 

653 

863 

631 

859 

822 

800 
972 

903 

616 

884 

971 
912 

682 

911 
802 

675 

676 

970 

973 

969 

596 
626 

628 

756 
801 

934 

683 

677 

572 
923 

823 


752 


Code 
No. 

Industry 

Date 

Volume 

Page 

Contracts,  Government — Continued. 

Public  utilities,  Contracts  for__ 

8-  3-34 
6-25-34 
7-16-34 
6-29-34 

7-10-34 
6-11-34 
6-  9-34 

7-18-34 

8-20-34 
7-10-34 

8-24-34 

4-11-34 

6-29-34 
2-10-34 

4-  4-34 

6-19-34 
1-30-34 
8-13-34 

6-12-34 

10-23-33 
2-17-34 
5-18-34 
4-21-34 

11-  2-33 

3-29-34 

8-13-34 

2-21-34 
2-21-34 
2-21-34 

XIV 
XII 

XIII 
XII 

XIII 
XI 
XI 

XIII 

XV 

XIII 

XV 

IX 

XII 
VI 

IX 

XII 

V 

XV 

XII 

II 

VII 

X 

IX 

II 

IX 

XV 

VII 
VII 
VII 

601 

Reconstruction    Finance   Corporation,   Proj- 
ects  of   the                          _   __   

66^ 

Retail  Rubber  Tire  and  Battery  Trade,  Mod- 
ifying previous  Order  relevant  to              _   _ 

755 

San'Jose  Water  Works  of  San  Jose,  Calif.,  and 
the  Naval  Reserve  Armorv  _ 

684 

Services  and  Transportation,  Crowley  Launch 
and   Tugboat   Company,   Shipowners  and 
Merchants    Towboat    Company    and    San 
Pedro  Tugboard  Company 

740 

Services  for  $100  or  loss _ 

826 

Services  invited  prior  to  March  14,  1934 

Services,  Tugboat  and  towboat  —  with  de- 
partments and  agencies  of  the  U.S.  Gov- 
ernment                                           

824 
759 

Street  car  tickets  from  the  Neuces  Transpor- 
tation Company  to  the  postmaster  at  Cor- 
pus Christi,  Tex           _ ___ 

678 

Towing  of  Target  service  by  the  Shipowners 
and  Merchants  Towboat  Company 

Transportation  of  freight  for  the  Government 
on  the  Pacific  Coast                       __   _ 

741 
726 

United  States  Government  is  one  of  the  con- 
tracting parties,  Exempting  specified  situ- 
ations when           _                      -      - 

918 

Veterans'   Administration  Facility  with  the 
Florida    Power   and    Light    Company,    at 
Lake  Citv,  Fla                   __     ___ 

685 

271 
382 

Convector,  Nonferrous  and  Steel  —  Manufactur- 
ing (Concealed  Radiator  Industry) 

Converters,    Rayon    Yarn    General  —   Division. 
{See  Textile  Processing  Amendment,  No.  3.) 

Converting,  Cotton.      {See  Cotton  Textile.) 

Convertors,     Transparent     Materials     (see     also 
Transparent  Materials  Convertors) 

341 
103 

Conveyor  and  Material  Preparation  Equipment 
Manufacturing  {see  also  Machinery  and  Allied 
Products  Supplement,  No.  22) 

445 

236 

Cooking  and  Heating  Appliance  Manufacturing  _  _ 
Amendment,  No.  1                     _          __        _ 

549 
269 

Cooler,  Kiln,  —  and  Dryer  Manufacturing  (see 
also   Machinery   and   Allied   Products   Supple- 
ment, No.  21)                                              -- 

431 

Cooperatives: 

Defining  effect  of  Code  provisions  on  —  or- 
ganizations 

698 

401 

Effect  on  —  of  Codes  of  Fair  Competition 

Farmers'  and  Consumers',  Definition  of 

Copper                                             ___         __     

705 
977 
379 

81 

Copper  and  Brass  Mill  Products         -_      - 

289 

Contracts,  Exception  from  order  pertaining 
to  government  —  and  contracts  involving 
the  use  of  government  funds    _  _    _  _ 

884 

Copper,  Brass,  Bronze  and  Related  Alloys  Trade 
{see  also  Wholesaling  or  Distributing  Trade  Sup- 
plement, No.  21) 

511 

303 

Copperplate,  Steel  and  —  Engraving  and  Printing. 

(iS'ee  Graphic  Arts.) 
Cordage  and  Twine                  -      

257 

Binder  Twine  Division          -- 

271 

Cordage  and  Wrapping  Twine  Division 

267 

753 


Industry- 


Volume 


Cordage  and  Twine — Continued. 

Binder  Twine  Manufacturers,  Exemption  rel- 
evant to  sales  below  price  lists  for  the 

Cordage  and  Twine,  temporarily  placed  under 

Cotton  Textile 

Modifying  Agreement  of  July  27,  1933 

Cordage,  Twine  and  —  Division.     {See  Whole- 
saling or  Distributing  Trade.) 
Cord,  Solid  Braided  {see  also  Solid  Braided  Cord) 

Cork 

Cork  Bulletin  and  Display  Board  Manufac- 
turers Division 

Cork     Composition     and     Cork     Specialties 

Manufacturing  Division 

Cork  Floor  Tile  Manufacturers  Division 

Cork  Insulation  Manufacturers  Division 

Cork  Marine  Goods  Manufacturers  Division. 

Cork  Stopper  Manufacturers  Division 

Amendment,  No.  1 

Corn  Cob  Pipe 

Corrugated  and  Solid  Fiber  Shipping  Container... 

Corset  and  Brassiere 

Amendment,  No.  1 

Denial  of  application  for  exemption  by  Gem- 
Dandy  Garter  Co 

Corset,    Brassiere,    and    Allied    Trades    Fabrics 
Division.      {See    Cotton    Textile    Supplement, 
No.  1.) 
Cosmetic,  Perfume,  ■ —  and  Other  Toilet  Prepara- 
tions  {see  also  Perfume,   Cosmetic,  and  Other 

Toilet  Preparations) 

Costume,  Academic  {see  also  Academic  Costume) . 
Cotton,   All  —  Clothing  Linings  Division.     {See 

Cotton  Textile  Supplement,  No.  1.) 
Cotton  Batting,  Dry  Goods  {see  also  Drj^  Goods 

Cotton  Batting) 

Cotton  Cloth  Glove  Manufacturing 

Amendment,  Nos.  1  and  2 

Amendment,  No.  3 

Staying,  Further  —  application  of  subsection 
(b).  Section  1,  Article  IV,  to  members  of 

the  —  in  the  South 

Stay   of   wage   provisions   for   the   Southern 

Section  under  the 

Wages,    Method   of   adjusting   employee  — 

above  the  minimum 

Cotton  Converting.     {See  Cotton  Textile.) 

Cotton  Garment 

Athletic  Underwear  Manufacturers  Division,. 
Boy's     Shirts     and     Blouse     Manufacturers 

Division 

Cotton  Wash  Dress  Manufacturers  Division.. 

Heavy  Cotton  Outerwear  and  Combination 

Leather  Garment  Manufacturers  Division. 

Men's  Collar  Manufacturers  Division 

Men's  Shirt  Manufacturers  Division 

Men's  Wash  Suit  Manufacturers  Division 

Pajama  Manufacturers  Division 

Union-Made  Garment  Manufacturers  Divi- 
sion   

Waterproof  Cotton  Garment  Manufacturers 

Division 

Work  Garment  Manufacturers  Division 


6-  5-34 

7-27-33 
10-20-33 


2-26-34 
1-12-34 

1-12-34 

1-12-34 
1-12-34 
1-12-34 
1-12-34 
1-12-34 
7-25-34 
8-  7-34 
2-  1-34 
8-14-33 
3-29-34 

9-18-33 


3-23-34 
2-19-34 


4-21-34 

12-30-33 

5-  5-34 

7-  9-34 


2-  6-34 

12-30-33 

4-25-34 

11-17-33 
11-17-33 

11-17-33 
11-17-33 

11-17-33 
11-17-33 
11-17-33 
11-17-33 
11-17-33 

11-17-33 

11-17-33 
11-17-33 


XI 

I 
II 


VII 
V 


V 

V 

V 

V 

V 

XIV 

XV 

VI 

I 

IX 


VIII 
VII 


IX 

IV 

X 

XIII 


VI 
IV 
IX 

III 
III 

III 
III 

III 
III 
III 
III 
III 

III 

III 
III 


812 

725 
695 


349 
45 

45 

45 
45 
45 
45 
45 

119 

13 

1 

69 

639 

732 


435 
209 


441 
525 
523 

247 


661 
712 
931 

77 

77 

77 
77 

77 
77 
77 
77 
77 

77 

77 
77 


754 


Code 
No. 


485 
433 


Industry 


Cotton  Garment — Continued. 

Work  Shirt  Manufacturers  Division 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Amendment,  No.  5 

Cotton  Undergarment  and  Sleeping  Gar- 
ment Division 

Men's    and    Boys'    Shirt    and     Blouse 

Division 

Sheep     Lined    and     Leather     Garment 

Division 

Work  Clothes  Manufacturing  Division  . 

Work  Shirt  Manufacturing  Division 

Amendment,  No.  6 

Amendment,  No.  7 

Determination  of  Northern  and  Southern 
Sections  to  the  operation  of  Section  G  of 

Article  IV 

Effective  date,  Extension  of  —  as  contained 

in  Amendment,  No.  2 

Home-work  provision  of  Code,  Further  stay 

of 

Relief,    Temporary   —    under    Article    XI, 

Section  (b)  for  the  —  Industry 

Southern    Division,    Allocation   of  States   to 

the  —  under  the  — ■  Industry 

Stay  for  the  Dress  Manufacturing  Industry 

and  —  Industry 

Stay  of  application  of  determination  of 
Northern  and  Southern  Sections  as  to 
the  operation    of    Section    G     of     Article 

IV 

Cotton  Ginning  Machinery  Manufacturing 

Cotton  Pickery 

Cotton  Rag  Trade  Division.  {See  Scrap  Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 
Trade.) 

Cotton  Textile 

Amendment,  No.  A-1 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Amendment,  No.  5 

Amendment,  No.  6 

Amendment,  No.  7 

Amendment,  No.  8 

Amendment,  No.  9 

Carded  Yarn  Group,  Emergency  require- 
ments as  to  further  limitation  of  hours  of 
machine  operation  in  —  of  the  —  Industry. 
Carded  Yarn  Group,  Modification  of  emer- 
gency requirement  as  to  limitation  of  hours 
of  the  machine  operation  in  the  —  of  the 

—  Industry 

Combed  Sales  Yarn  Group,  Temporary  limi- 
tation of  hours  of  machine  operation  in  the 

—  of  the  —  Industry 


Date 

Volume 

11-17-33 

III 

12-18-33 

IV 

3-10-34 

VII 

3-15-34 

VIII 

3-22-34 

VIII 

8-16-34 

XV 

8-16-34 

XV 

8-16-34 

XV 

8-16-34 

XV 

8-16-34 

XV 

8-16-34 

XV 

8-21-34 

XV 

8-21-34 

XV 

3-13-34 

VIII 

3-30-34 

IX 

6-19-34 

XII 

1-27-34 

V 

12-30-33 

IV 

12-14-33 

IV 

3-16-34 

VIII 

7-16-34 

XIII 

5-17-34 

X 

7-9  -33 

I 

8-25-33 

IX 

11-  8-33 

II 

12-27-33 

IV 

12-29-33 

VI 

2-21-34 

VII 

2-21-34 

VII 

7-  6-34 

XIII 

7-10-34 

XIII 

7-17-34 

XIII 

8-  2-34 

XIV 

12-15-33 

IV 

1-23-34 

V 

1-10-34 

V 

755 


Industry 


Cotton  Textile — Continued. 

Combed  Thread  Producers  Group,  Tempo- 
rary limitation  of  machine  operation  of 
the  —  of  the  —  Industry  in  respect  of  the 
production  of  Combed  Yarn 

Cordage  and  Twine,  temporarily  placed 
under 

Cotton  Thread  Industrj^,  Temporary  placing 
under 

Exemption,  Denial  of  application  for  —  by 
Alabama  Mills  Company 

Exemption.  Denial  of  application  for  —  by 
Crystal  Springs  Bleachers 

Exemption,  Denial  of  application  for  —  by 
Dwight  Manufacturing 

Exemption,  Denial  of  application  for  —  from 
—  Industry 

Fine  Goods  Group,  Further  limitation  of  ma- 
chine operation  in  the  —  of  the  —  Industry 

Finishing  Branch,  Emergency  requirement  as 
to  further  limitation  of  hours  pf  printing 
machine  operation  in  the  — •  of  the  —  In- 
dustry   

Finishing  Branch,  Further  limitation  of  hours 
of  Printing  machine  Operation  in  the  —  of 
the  —  Industry 

Finishing  Branch,  Further  limitation  of  hours 
of  printing  machine  operation  in  the  —  of 
the  —  Industry 

Garment  Mfgr.,  temporarily  placed  imder 

Hours,  Limitation  of  machine  —  for  the  — 
Industry 

Mercerizers  Group,  Temporary  limitation  of 
machine  operation  of  the  —  of  the  —  In- 
dustry in  respect  of  the  production  of 
Combed  Yarn 

Pajama  Manufacturers,  Temporarily  placed 
under 

Productive  machinery,  Approving  exemption 
from  oi-der  curtailing  the  use  of  —  Knitters 
of  Underwear 

Productive  machinery.  Exemption  from  limi- 
tation in  the  operation  of 

Productive  machinery,  Exemption  from  limi- 
tation in  the  operation  of 

Productive  machinery.  Limiting  hours  of  op- 
eration of 

Productive  machinery.  Limiting  hours  of  op- 
eration of 

Productive  Machinery,  Partial  approval  of 
Order  curtailing 

Rayon  Weaving  Industry,  Temporary  placing 
under 

Reports,  Regulations  for  registration  of  ma- 
chinery and  filing  of  monthly  —  in  Finish- 
ing, Thread  Manufacturing  and  Yarn  Mer- 
cerizing Branches  of  the  —  Industry 

Rubber  Tire  Yarns,  Extension  of  stay  limit- 
ing Machine  Hours  in  the  —  Industry  as 
applying  to 

Silk  Industry,  Temporary  placing  under 


Date 


1-10-34 
7-27-33 
7-16-33 
8-  4-33 
8-  4-33 
8-  4-33 
12-  4-33 
1-29-34 

12-18-33 
1-23-34 


2-23-34 
7-26-33 

12-  2-33 


1-10-34 
7-26-33 

6-22-34 
6-  5-34 
6-  8-34 
5-22-34 
5-25-34 
7-26-34 
7-14-33 

1-15-34 


11-13-33 
7-15-33 


Volume 


II 
V 

IV 
V 


VII 

I 

IV 


V 

I 

XII 

XI 

XI 

X 

X 

XIV 

I 


II 
I 


772 
725 
21 
728 
726 
727 
661 
786 

704 

781 


717 
722 

693 


773 
723 

658 
813 
817 
980 
983 
569 
19 

777 


655 
20 


756 


Industry 


Cotton  Textile — Continued. 

Stay,  Disapproval  of  exception  and  termina- 
tion of  —  under  the  code  of  fair  competition 

for  the  —  Industry 

Stay,  Extending  termination  date  of  —  limit- 
ing machine  hours  in  —  Industry 

Stay  of  code  provisions  as  to  productive  ma- 

clainery  operation  for  the  —  Industry 

Supplement,  No.  1,  for  Cotton  Con  verting.  _ 

All-Cotton  Clothing  Linings  Division 

Clothiers'  Linings  Division 

Corset,     Brassiere    and    Allied    Trades 

Fabrics  Division 

Curtain  and  Drapery  Fabrics  Division. _ 

Interlinings  Division 

Shirtings  Division 

Wash  Goods  Division 

Throwing     Industry,      Temporary      placing 

under 

Wide     Bed     Sheeting     Group,     Temporarj' 
limitation  of  hours  of  machine  operation 

in  the  —  of  the  — •  Industry 

Cotton  Thread.      {See  Cotton  Textile.) 
Cotton  Wrappings,  Milk  Filtering  Materials  and 
the  Dairy  Products  (see  also  Milk  Filtering  Ma- 
terials and  the  Dairy  Products  Cotton  Wrap- 
pings)   

Cotton     Warps     Division.     (See     Wool     Textile 

Amendment,  No.  1.) 
Cotton  Yarn  Dyers  and  Bleachers  Division.      (See 
Textile  Processing  Amendment,  No.  3.) 

Counter  Type  Ice-Cream  Freezer 

Coupon,  Ticket  and.     (See  Graphic  Arts.) 

Covered  Button 

Covered   Carpet  Padding  Division.     (See  Light 

Sewing  Industry  Except  Garments.) 
Covering,   Floor  —  Division.     (See  Wholesaling 

or  Distributing  Trade.) 
Cover  Manufacturing.      (See  Graphic  Arts.) 
Cover,  Mattress  —  Division.     (See  Light  Sewing 

Industry  except  Garments.) 
Covers,  Ready-Made  Furniture  Slip  ■ — •  Manufac- 
turing   (see   also    Ready-Made    Furniture   Slip 

Covers  Manufacturing) 

Crab,  Blue  (see  also  Fishery  Supplement,  No.  5)  _ 

Crane,   Electric  Overhead  —  Subdivision.      (See 

Machinery  and   Allied   Products  Amendment, 

No.  3.) 

Crane,    Shovel,    Dragline   and    (see   also   Shovel, 

Dragline  and  Crane) 

Cream  Can,  Milk  and  Ice  — ■  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  30) 

Cream  Cone,  Ice  (see  also  Ice  Cream  Cone) 

Creation    of    the     National     Recovery     Review 

Board 

Cricket.     (See  Athletic  Goods  Manufacturing.) 
Crossarm    Division.      (See   Lumber   and   Timber 
Products  Amendment,  No.  14.) 

Crown  Manufacturing 

Crucible,  Plumbago  (see  also  Plumbago  Crucible)  _ 


Date 

Volume 

11-  6-33 

IV 

11-27-33 

III 

7-20-33 
1-24-34 
1-24-34 
1-24-34 

IV 
V 
V 
V 

1-24-34 
1-24-34 
1-24-34 
1-24-34 
1-24-34 

V 
V 
V 
V 
V 

7-14-33 

I 

1-23-34 

V 

4-19-34 

IX 

5-  5-34 

X 

3-16-34 

VIII 

2-16-34 
5-  5-34 

VI 
X 

11-  8-33 

II 

5-17-34 
6-  4-34 

XI 
XI 

3-  7-34 

VII 

11-  1-33 
10-23-33 

II 
II 

757 


Industry 


Crushed  Stone,  Sand  and  Gravel,  and  Slag  Indus- 
tries   

Amendment,  No.  1 

Cold   Laid    Bituminous   Concrete    Division, 
Approving 

Cost  Accounting,  Extending  time  to  file  a  — • 
sj'stem  and  a  list  of  hazardous  occupations 
Industrial  Sand  Division,  Administrative  ap- 
proval of  —  of  the 

Crusher,  Rock  and  Ore  —  Subdivision.  (See 
Machinery  and  Allied  Products.) 

Crusher,  Rock  —  Manufacturing  (see  also  Rock 
Crusher  Manufacturing) 

Crushers,  Oyster  Shell  (see  also  Oyster  Shell 
Crushers) 

Cup,  Fluted  — ,  Pan  Liner  and  Lace  Paper  (see 
also  Fluted  Cup,  Pan  Liner  and  Lace  Paper) 

Cup,  Open  Paper  Drinking  —  and  Round  Nesting 
Paper  Food  Container  (see  also  Open  Paper 
Drinking  Cup  and  Round  Nesting  Paper  Food 
Container) 

Curled  Hair  Manufacturing  Industry  and  Horse 
Hair  Dref  sing 

Curtain  and  Drapery  Fabrics  Division.  (See 
Cotton  Textile  Supplement,  No.  1.) 

Curtain,  Nottingham  Lace  (see  also  Nottingham 
Lo.ce  Curtain) 

Curtain,  Novelty  — ,  Draperies,  Bedspreads,  and 
Novelty  Pillow  (see  also  Novelty  Curtain, 
Draperies,  Bedspreads,  and  Novelty  Pillow)  __ 

Custom  Ta,ilonng,  Merchant  and  (see  also  Mer- 
chant and  Custom  Tailoring) 

Cutlery,  Manicure  Implement  and  Painters  and 
Paperhangers  Tool  Manufacturing  and  As- 
sembling (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  10) 

Cut  Tack,  Wire  Tack,  and  Sm.all  Staple  Manufac- 
turing (see  also  Fabricated  Metal  Products  Man- 
ufacturing and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  40) 

Cutting  Die  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
35) - 

Cutting,  Glassware  —  and  Decorating  Division. 
(See  American  Glassware.) 

Cutting,  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  Scallop  (see 
also  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  Scallop 
Cutting) 

Cycle  Jobbers  Division.  {See  Wholesaling  or  Dis- 
tributing Trade.) 

Cylinder  Mould  and  Dandy  Roll 

Amendment,  No.  1 

Classification  of  members 

Hazardous  occupations,  Approving  a  list  of- 

Cylindrical  Liquid  Tight  Paper  Container 

Cypress  Division.  (See  Lumber  and  Timber 
Products.) 

Daily  Newspaper  Publishing  and  Printing.  (See 
Graphic  Arts.) 


Date 

Volume 

11-10-33 
8-24-34 

II 
XV 

4-  4-34 

IX 

4-12-34 

IX 

12-27-33 

IV 

11-  1-33 

II 

6-  2-34 

XI 

2-17-34 

VII 

3-26-34 

VIII 

5-14-34 

X 

11-  1-33 

II 

11-  1-33 

II 

7-31-34 

XIV 

3-26-34 

VIII 

7-  6-34 

XIII 

6-  8-34 

XI 

2-  2-34 

VI 

3-23-34 
7-20-34 
8-17-34 
8-  1-34 
2-  1-34 

VIII 

XIII 

XV 

XIV 

VI 

641 
423 

891 

915 

707 

231 
125 

175 

567 
139 

253 

263 
47 

823 
495 
691 


133 


397 
429 
671 
590 
83 


758 


Industry 


Daily  Newspaper  Publishing  Business 

Amendment,  No.  1 

Newspaper     Industrial     Board,     Additional 
members  on  the 

Newspaper  Industrial  Board,  Cancellation  of 

Order  adding  two  members  to  the 

Stay  of  effective  date  for  certain  divisions 

Dairy  Products,  Milk  Filtering  Materials  and  the 

—  Cotton  Wrappings  (see  also  Milk  Filtering 
Materials  and  the  Dairy  Products  Cotton 
Wrappings) 

Dampproofing,  Waterproofing,  —  Caulking  Com- 
pounds, and  Concrete  Floor  Treatments  Manu- 
facturing (see  also  Waterproofing,  Dampproof- 
ing Caulking  Compounds,  and  Concrete  Floor 
Treatments  Manufacturing) 

Date,  Imported  —  Packing  (see  also  Imported 
Date  Packing) 

Decalcomania  and  Transparency.  (*See  Graphic 
Arts.) 

Decorating,  Glassware  Cutting  and  —  Division. 
(»See  American  Glassware.) 

Decorative,  Domestic  —  Linens  Branch.  (See 
Novelty  Curtains,  Draperies,  Bedspreads  and 
Novelty  Pillows  Amendment,  No.  2.) 

Decorative  Fabrics,  Upholstery  and  —  Division. 
(See  Wholesaling  or  Distributing  Trade.) 

Delegation  of  Authority.  {See  Administration; 
Executive  Orders.) 

Delivery,  Banana  and  Dry  Cleaner  or  Garment 

—  Bag  Division.  {See  Paper  Bag  Manufactur- 
ing.) 

Dental  Goods  and  Equipment  Industry  and  Trade 

Dental,  Industrial,  Jewelers'  and  —  Brush  Manu- 
facturers' Division.  {See  Brush  Manufactur- 
ing.) 

Dental  Laboratory 

Devices,  Marking  (see  also  Marking  Devices)  — 

Diamond  Core  Drill  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No.  9) 

Die  Casting  Manufacturing 

Die,  Cutting  • —  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
35) 

Die,  Metal  Hat  —  and  Wood  Hat  Block  {see  also 
Metal  Hat  Die  and  Wood  Hat  Block) 

Diesel  Engine  Manufacturing  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  40) 

Die,  Special  Tool  —  and  Machine  Shop  {see  also 
Special  Tool  Die  and  Machine  Shop) 

Die,  Wire,  Rod  and  Tube  (see  also  Wire,  Rod  and 
Tube  Die) 

Dioxide,  Carbon  (see  also  Chemical  Manufactur- 
ing Supplement,  No.  2) 

Disc,  Paper  —  Milk  Bottle  Cap  (see  also  Paper 
Disc  Milk  Bottle  Cap) 

Dish,  Food  —  and  Pulp  and  Paper  Plate  {see  also 
Food  Dish  and  Pulp  and  Paper  Plate) 

Disinfectant,  Insecticide  and  —  Manufacturing 
(see  also  Insecticide  and  Disinfectant  Manufac- 
turing)   


2-17-34 
2-24-34 

5-28-34 

7-25-34 
2-26-34 


4^19-34 

11-27-33 
7-22-34 


7-13-34 


1-22-34 
10-20-33 

5-31-34 
3-  8-34 


6-  8-34 
1-23-34 
8-  1-34 
11-17-33 
2-  1-34 
5-  4-34 
2-  1-34 
2-  1-34 

4-  6-34 


VII 
VII 

XI 

XIV 
IX 


IX 


69 
639 

796 

567 

883 


307 


III     497 
XIII     217 


XIII 


V 
II 

XI 
VII 


XI 
V 

XIV 

III 

VI 

X 

VI 

VI 


99 


283 
13 

597 
527 


691 

347 

493 

187 

65 

723 

15 

2» 


IX     245 


759 


Industry 


Dismissal,  Prohibiting  —  of  employees  for  report- 
ing alleged  violation  of  Approved  Codes  of  Fair 
Competition 

Dispensing,  Beverage  —  Equipment  (see  also  Bev- 
erage Dispensing  Equipment) 

Display,  Advertising  —  Installation  (see  also  Ad- 
vertising Display  Installation) 

Display,  Advertising  Metal  Sign  and  —  Manufac- 
turing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  17) 

Display  Board,  Cork  Bulletin  and  —  Manufac- 
turers Division.     (»See  Cork.) 

Distillation,  Hardwood  {see  also  Hardwood  Dis- 
tillation)   

Distilled  Spirits  (Labor  Provisions) 

Distilled  Spirits  Rectifying 

Distributing,  Advertising  —  Trade  (see  also  Ad- 
vertising Distributing  Trade) 

Distributing,  Athletic  Goods  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  13) 

Distributing,  Charcoal  and  Package  Fuel  • — 
Trade  (see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  19) 

Distributing,  Construction  Machinery  —  Trade 
(see  also  Construction  Machinery  Distributing 
Trade) 

Distributing,  Fur  Wholesaling  and  —  Trade  (see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  11) 

Distributing,  Industry  of  Wholesale  Plumbing 
Products,  Heating  Products  and/or  — ■  Pipe, 
Fittings  and  Valves  (see  also  Industry  of  Whole- 
sale Plumbing  Products,  Heating  Products 
and/or  Distributing  Pipe,  Fittings  and  Valves)  _ 

Distributing,  Paper  —  Trade  (see  also  Paper  Dis- 
tributing Trade) 

Distributing,  Roofing  Granule  Manufacturing 
and  (see  also  Roofing  Granule  Manufacturing 
and  Distributing) 

Distributing,  Sheet  Metal  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  16) . 

Distributing,  Used  Textile  Machinery  and  Acces- 
sories—  Trade  (see  also  Used  Textile  Machinery 
and  Accessories  Distributing  Trade) 

Distributing,  Wholesaling  or  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade) 

Distributing,  Woolens  and  Trimmings  —  Trade 
(see  also  Wholesaling  or  Distributing  Trade 
Supplemeiit,  No.  14) 

Distribution,  Industry  of  Collective  Manufactur- 
ing for  Door-To-Door  (see  also  Industry  of  Col- 
lective Manufacturing  for  Door-To-Door  Dis- 
tribution)   

Distributors.  Industrial  Supplies  and  Machinery 
—  Trade  (see  also  Industrial  Supplies  and  Ma- 
chinery Distributors  Trade) 

Distributors,  Surgical  —  Trade  (see  also  Surgical 
Distributors  Trade) 


Date 

Volume 

5-15-34 

X 

3-16-34 

VIII 

1-30-34 

V 

4-20-34 

IX 

11-10-33 
3-21-34 
5-  3-34 

II 

VIII 
IX 

2-17-34 

VII 

7-17-34 

XIII 

8-  7-34 

XV 

1-23-34 

V 

6-  9-34 

XI 

8-25-34 

XV 

12-23-33 

IV 

3-31-34 

IX 

7-27-34 

XIV 

4-  4-34 

IX 

1-12-34 

V 

7-23-34 

XIV 

8-  3-34 

XIV 

10-23-33 

II 

8-24-34 

XV 

949 

59 

601 

869 

661 
719 
739 

187 
619 
473 
369 
737 

163 
375 

11 

381 

81 
69 

321 

93 

47 
147 


760 


Industry 


Distributors,  Tire  Manufacturers  and  — ,  Agree- 
ment among 

Dock,  Coal  (see  also  Coal  Dock) 

Documents,     Certification    and    Exemplification 

of  — ,  Rules  and  Regulations  governing 

Document,  prescribing  rules  for  certification  of__ 
Dog  and  Long  Haired  Fur  Dyers  Division.      (See 
Fur  Dressing  and  Fur  Dyeing.) 

Dog  Food 

Dolomite  Division.  (See  Lime  Industry  Amend- 
ment, No.  1.) 

Domestic  Freight  Forwarding 

Door,  Cold  Storage  —  Manufacturing   (see  also 

Cold  Storage  Door  Manufacturing) 

Door,  Rolling  Steel  (see  also  Rolling  Steel  Door)_. 

Door,  Shower  (see  also  Shower  Door) 

Door-to-Door,  Industry  of  Collective  Manufac- 
turing for  • — -  Distribution  (see  also  Industry  of 
Collective     Manufacturing    for    Door-to-Door 

Distribution) 

Door,    Upward-Acting    (see   also   Upward-Acting 

Door) 

Dowel  (see  also  Wood  Turning  and  Shaping  In- 
dustries Supplement,  No.  1) 

Dowel  Pin  Manufacturing 

Dragline,  Shovel,  —  and  Crane  (see  also  Shovel, 

Dragline  and  Crane) 

Dramatic,  Legitimate  Full  Length  —  and  Musical 
Theatrical    (see    also    Legitimate    Full    Length 

Dramatic  and  Musical  Theatrical) 

Draperies,  Novelty  Curtain,  —  Bedspreads  and 
Novelty    Pillow    (see    also    Novelty    Curtain, 

Draperies,  Bedspread,  and  Novelty  Pillow) 

Drapery  and  Carpet  Hardware  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  22) 

Drapery  and  Upholstery  Trimming 

Amendment,  No.  1 

Extension  of  the  Code  for  a  period  of  three 

months 

Homework,  Extension  of  time  permitting — 
Drapery,  Curtain  and  —  Fabrics  Division.      (<See 

Cotton  Textile  Supplement,  No.  L) 
Drapery,  Upholstery  and  —  Textile  (see  also  Up- 
holstery and  Drapery  Textile) 

Dress,  Cotton  Wash  —  Manufacturers  Division. 

(*See  Cotton  Garment.) 
Dressings,  Surgical  (see  also  Surgical  Dressings)  __ 

Dress  Manufacturing 

Amendment,  No.  1 

Definition  of  areas,  hours,  and  wages  for  the 

—  Industry 

Stay  for  the  —  Industry  and  Cotton  Gar- 
ment Industry 

Wage  differentials,  Extending  time  to  report 

on 

Wage    Differentials,    Extension    of    time    to 

report  on 

Dress,  Millinery  and  —  Trimming  Braid  and 
Textile  (see  also  Millinery  and  Dress  Trimming 
Braid  and  Textile) 


4-19-34 
3-16-34 

4-11-34 
11-18-33 


5-31-34 


12-18-33 

7-11-34 

12-21-33 

5-19-34 


8-  3-34 
8-11-34 

8-20-34 

5-22-34 

11-  8-33 

8-16-33 

11-  1-33 


5-  9-34 
1-16-34 
7-17-34 

7-23-34 
4-25-34 


11-27-33 

1-27-34 

10-31-33 

4-10-34 

12-14-33 

12-14-33 

8-24-34 
7-  9-34 

10-21-33 


IX 
VIII 

IX 
III 


XI 


IV 

XIII 

IV 

X 


XIV 

XV 

XV 
X 

II 

I 

II 


X 

V 
XIII 

XIV 
IX 


III 

V 

II 

IX 

IV 

IV 

XV 

XIII 


II      149 


761 


Industry  Date 


Drill,  Diamond  Core  —  Manufacturing  (see  also 
Machinery  and   Allied   Products   Supplement, 

No.  9) 5-31-34 

Drink,  Bottled  Soft  (see  also  Bottled  Soft  Drink). _      6-  7-34 

Drinking,    Bulk    Drinking    Straw,    Wrapped   — 

Straw,     Wrapped    Toothpick,     and     Wrapped 

Manicure  Stick  (see  also  Bulk  Drinking  Straw, 

Wrapped  Drinking  Straw,  Wrapped  Toothpick 

and  Wrapped  Manicure  Stick) 3-14-34 

Drive,   Multiple  V-Belt  (see  also  Machinery  and 

Allied  Products  Supplement,  No.  30) 1 7-13-  34 

Drop-forged  Wrenches  (Alloy)  Division.  (See 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  15.) 

Drop  Forging 5-10-34 

Amendment,  No.  1 8-  1-34 

Drug,  Retail  —  Trade  (see  also  Eetail  Drug  Trade)  _    10-21-33 
Drum,  Standard  Steel  Barrel  and  —  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing   and     Metal    Finishing    and     Metal 

Coating  Supplement,  No.  26) 5-16-34 

Dry  and  Polishing  Mop  Manufacturing 12-15-33 

Dry,  Banana  and  —  Cleaner  or  Garment  Delivery 
Bag  Division.      (See  Paper  Bag  Manufacturing.) 
Dry  Cleaning,  Laundry  and  —  Machinery  Manu- 
facturing (see  also  Laundry  and  Dry  Cleaning 

Machinery  Manufacturing) J 10-  3-33 

Dry  Color I     4-25-34 

Dryer,  Kiln,  Cooler  and^ — Manufacturing  (see 
also  Machinerv  and  Allied  Products  Supple- 
ment, No.  21)."' 6-12-34 

Dry  Goods  Cotton  Batting 4-21-34 

Dry  Goods,  Wholesale  —  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 

'     5-14-34 


8).. 
Dry  Ground  Mica  Division.      (See  Mica.) 
Drv     Transfer     Manufacturers.      (See     Graphic 

Arts.) 
Dveing,  Cleaning  and  - —  Trade  (see  also  Cleaning 

and^Dyeing  Trade) 11-  8-33 

Dveing,  Ravon  and  Silk  —  and  Printing  (see  also 

'Rayon  and  Silk  Dyeing  and  Printing) 12-21-33 

Temporary  Code  Approved 7-22-33 

Dyers,  Cotton  and  Rayon  Tubular  Knit  Goods  — 
and  Finishers  Division.  (,See  Textile  Process- 
ing Amendment,  No.  3.) 

Earthenware  Manufacturing 3-  8-34 

Clay  Flower  Pot  Division 3-  8-34 

Earthenware  Division 3-  8-34 

Stonev.are  Division 3-  8-34 

Earth,  Fuller's  —  Producing  and  Marketir.g  (see 
also  Fuller's  Earth  Producing  and  Mrrketing)  _  _ 
Effect  on  Cooperatives  of  Codes  of  Fair  Competi- 
tion       2-17- 

Elastie,   Woven  —  Division.     (See  Narrow  Fab- 
rics.) 
Electrical  Contracting  (sec  also  Construction  Sup- 
plement. No.  6) 4-19-34 

Electrical  Manufacturing 8-  4-33 

Signalling      Apparatus      Subdivision,      Stay 

granted  to  the i     4-21-34 


VII 
VII 
VII 
VII 


3-23-34     VIII 


Volume 


XI 
XI 


VIII 
XIII 


X 

XIV 

II 


X 

IV 


I 

IX 


XII 
IX 


X 


II 

IV 

I 


VII 


IX 

I 

IX 


597 
225 


13 

605 


85 
241 

27 


921 
141 


437 
481 


431 
441 


885 


547 

311 
718 


513 
513 
513 
513 

377 

705 


849 
43 

927 


86360—34- 


-39 


762 


Code 
No. 


Industry 


Volume 


506 
483 


40 


179 


276 


256 


Electrical  Manufacturing — Continued. 

Supplement,  No.  1  for  Refrigeration 

Supplement,  No.  2  for  Portable  Electric  Lamp 
and  Shade -__ 

Wire  and  Cable  Subdivision,  Granting  exemp- 
tion to  the 

Wire  and  Cable  Subdivision,  Granting  perma- 
nent stay  of  certain  j:)rovisions  to  the 

Electrical,  Structural  and  —  Division.    {See  Slate) . 

Electrical  Supplies  Division.  {See  Wholesaling  or 
Distributing  Trade  Supplement,  No.  20.) 

Electrical  Wholesale  Trade  (see  also  Wholesaling 
or  Distributing  Trade  Supplement,  No.  20) 

Electric  and  Neon  Sign 

Electric  Hoist  and  Monorail  Manufacturing 

Electric  Industrial  Truck  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  4) 

Electric  Lamp,  Portable  —  and  Shade  (see  also 
Electrical  Manufacturing  Supplement,  No.  2)_. 

Electric  Overhead  Crane  Subdivision.  {See 
Machinery  and  Allied  Products  Amendment, 
No.  3.) 

Electric  Storage  and  Wet  Primary  Battery 

Amendment,  No.  1 

Electro  Plating  and  Metal  Polishing  and  Metal 
Finishing  (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  46) 

Electrotyping  and  Stereotyping 

Amendment,  No.  1 

Amendment,  No.  2 

Continuing  in  effect  as  a  separate  code 

Standard  Scale,  Amendment  to 

Elevator,  Lift  Truck  and  Portable  —  Manufac- 
turing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  36) 

Elevator  Manufacturing  (see  also  Construction 
Supplement,  No.  3) 

Embroidery  and  Lace  Division.  {See  Wholesaling 
or  Distributing  Trade.) 

Embroidery,  Pleating,  Stitching  and  Bonnaz  and 
Hand  Embroidery  (see  also  Pleating,  Stitching 
and  Bonnaz  and  Hand  Embroidery) 

Embroidery,  Schiffli,  the  Hand  Machine  —  and 
the  Embroidery  Thread  and  Scallop  Cutting 
(see  also  Schiffli,  and  Hand  Machine  Embroidery 
and  the  Embroidery  Thread  and  Scallop  Cut- 
ting)  

Embroidery,  Wholesale  —  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 
23) 

Emergency,  Lidustrial  —  Committee,  Creation  of 
(see  also  Lidustrial  Emergency  Committee) 

Empty  Picture  Frame  Division.  {See  Picture 
Moulding  and  Picture  Frame.) 

Enameled  Cast  Iron  Plumbing  Fi.xtures  Division. 
(iSee  Plumbing  Fixtures.) 

Enameled  Ware,  Vitreous  — •  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  43) 


6-  9-34 
6-27-34 


4-  9-34 


8-13-34 
8-24-34 
7-13-34 


1-31-34 
6-27-34 


10-  3-33 
7-27-34 


8-22-34 
12-23-33 
2-17-34 
8-23-34 
4-21-34 
8-23-34 


6-23-34 
3-21-34 

2-10-34 

2-  2-34 

8-24-34 
6-30-34 


XI 
XII 


3-13-34     VIII 


IX 


XV 
XV 

XIII 


V 
XII 


I 

XIV 


XV 

IV 

VII 

XV 
IX 
XV 


XII 
VIII 

VI 

VI 

XV 

XII 


715 
501 
867 
908 


525 
131 
115 


751 
501 


499 
147 


585 
415 
623 
411 
928 
721 


461 
803 

403 

133 

615 
621 


7-22-34  XIII  709 


76^ 


Industry  Date 


Enameling,  Porcelain  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  13) I     3-31-34 

End  Grain  Strip  Wood  Block 12-30-33 

Amendment,  No.  1 I     8-16-34 

Enforcement  of  Section  7  (a)  of  the  National  In 

dustrial  Recovery  Act 2-  1-34 

Enforcement  of  Section  7  (a)  of  the  National  In^ 

dustrial  Recovery  Act 2-23-34 

Engine,  Diesel  —  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No 
40) 8-  1-34 

Engineering,  Chemical  —  Equipment  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  23) 7-  5-34 

Engineering,  Chemical  —  Equipment  Subdivision. 
{See  Machinery  and  Allied  Products  Amend- 
ment, No.  3.) 

Engine,  Hoisting  —  Manufacturing  {see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
19) 6-12-34 

Engine,  Steam  —  Manufacturing  {see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
16) 6-11-34 

Engraving,  Photo  (see  also  Photo  Engraving) 12-23-33 

Engraving,  Steel  and  Copperplate  —  and  Printing. 
{See  Graphic  Arts.) 

Engraving,  Textile  Print  Roller  (see  also  Textile 

Print  Roller  Engraving) 3-  8-34 

Envelope 1-23-34 

Envelope,  Church  —  Systera.  {See  Graphic 
Arts.) 

Envelope  Machine  Manufacturing  (see  also  Ma- 
chinerj-  and  Allied  Product  Supplement,  No. 
31) 7-20-34 

Envelope,  Transparent  Bag  and  —  Division. 
{See  Transparent  Materials  Converters.) 

Equipment,  Artistic  Lighting  —  Manufacturing 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  37) 6-28-34 

Equipment,  Automotive  Parts  and  —  Manufac 
luring  (see  also  Automotive  Parts  and  Equip- 
ment Manufacturing) 11-  8-33 

Equipment,  Bakery  —  Manufacturing  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  29) 7-13-34 

Equipment,  Beater  and  Jordan  and  Allied  (see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  7) 5-14-34 

Equipment,  Beauty  and  Barber  —  and  Supplies 
Trade  (see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  4) 4-  4-34 

Equipment,  Beauty  and  Barber  Shop  Mechanical 
—  Manufacturing  {see  also  Beauty  and  Barber 
Shop  Mechanical  Equipment  Manufacturing)  _  _      2-16-34 

Equipment,  Beverage  Dispensing  (see  also  Bever- 
age Dispensing  Equipment) 3-16-34 

Equipment,  Business  Furniture,  Storage  —  and 
Filing  Supply  (see  also  Business  Furniture, 
Storage  Equipment,  and  Filing  Supply) 11-  4-33 


Volume 


IX 

IV 

XV 

VI 

VII 

XIV 

XII 


XII 


XI 
IV 


VII 
V 


XIII 

XII 

II 

XIII 

X 

IX 

VI 
VIII 

II 


Page 


749 
611 
335 

652 

708 

493 

573 


417 


747 
429 


539 
331 


659 

509 

599 

595 

871 

803 

569 
59 

383 


764 


Code 
No. 


379 


482 

39 
264 

493 
315 

139 
89 

85 
257 

385 

197 


397 


Industry- 


Equipment,  Bottling  Machinery  and  —  Manu- 
facturing {see  also  Bottling  Machinery  and 
Equipment  Manufacturing) 

Equipment,  Chemical  Engineering  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
23)-./_ 

Equipment,  Chemical  Engineering  —  Subdivi- 
sion. (See  Machinery  and  Allied  Products 
Amendment,  No.  3.) 

Equipment,  Conveyor  and  Material  Preparation 
—  Manufacturing  (see  also  Machinery  and  Allied 
Products  Supplement,  No.  22) . 

Equipment,  Dental  Goods  and  —  Industry  and 
Trade  (see  also  Dental  Goods  and  Equipment 
Industry  and  Trade) 

Equipment,  Fabric  Auto  —  Division.  {See 
Light  Sewing  Industry  Except  Garments.) 

Ecjuipment,  Farm  (see  also  Farm  Equipment) 

Equipment,  Foundry  (see  also  Foundry  Equip- 
ment)   

Equipment,  Industrial  Oil  Burning  —  Manufac- 
turing {see  also  Industrial  Oil  Burning  Equip- 
ment Manufacturing) 

Equipment,  Industrial  Safety  —  Industry  and 
Industrial  Safety  Equipment  Trade  (see  also 
Industrial  Safety  Equipment  Industry  and  In- 
dustrial Safety  Equipment  Trade) 

Equipment,  Machine  Tool  and  —  Distributing 
Trade  (see  also  Machine  Tool  and  Equipment 
Distributing  Trade) 

Eciuipment,  Office  — •  Manufacturing  (see  also 
Office  Equipment  Manufacturing) 

Equipment,  Painters  and  Papcrliangcrs  Tool  — 
Section.  {See  Cutlery,  Manicure  Implement 
and  Painters  and  Paperhangers  Tool  Manufac- 
turing and  Assemt)ling  Supplement.) 

Equipment,  Petroleum  —  Industry  and  Trade 
(.American)  (see  also  Petroleum  Equipment  In- 
dustry and  Trade  (American)) 

Equipment,  Printing  —  Industry  and  Trade  (see 
also  Printing  Ecjuipment  Industry  and  Trade)  _ 

Equipment,  Prison  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  39) 

Equipment,  Railroad  Special  Track  —  Manufac- 
turing (see  also  Railroad  Special  Track  Equip- 
ment Manufacturing) 

Equipment,  Pulverising  Machinery  and  {see  also 
Machinery   and    Allied    Products    Supplement, 
No.  15)^-1 

Equipment,  Retail  Farm  —  Trade  {see  also  Retail 
Farm  Eciuipment  Trade) 

Equipment,  Rolling  Mill  Machinery  and  (see  also 
Machinery  and  AUied  Products  Supplement, 
No.  14)„/_ 

Equipment,  Sciiool  Supplies  and  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  12) 

Equipment,  Spray  Painting  and  Finishing  — 
Manufacturing  {see  also  Spray  Painting  and 
Finishing  Equipment  Manufacturing) 


Date 

Volume 

4-  4-34 

IX 

7-  5-34 

XII 

6-19-84 

XII 

7-13-34 

XIII 

10-  3-33 

I 

2-  6-34 

VI 

7-30-34 

XIV 

3-  1-34 

VII 

11-27-33 

ni 

11-  4-33 

II 

11-  2-33 

11 

2-  2-34 

VI 

7-  5-34 

XII 

4-  6-34 

IX 

6-  9-34 

XI 

1-  6-34 

V 

6-  7-34 

XI 

7-  5-34 

XII 

4-19-34 

IX 

Page 

71 
573 

445 

99 

489 
255 

31 

421 

485 
413 


339 
151 

561 

165 

723 
17 

679 

599 

317 


765 


Code 
No. 

Industry 

Date 

Volume 

Page 

279 

Equipment,  Steam  Heating  (see  also  Steam  Heat- 
ing Equipment)                                -    _ 

2-12-34 

12-15-33 

6-  7-34 

8-23-34 
1-  6-34 

6-  4-34 
12-  7-33 

7-  2-34 
11-  4-33 

12-21-33 
6-16-33 

12-30-33 

11-  4-33 

6-16-34 

11-27-33 
7-27-33 

5-  4-34 

5-25-34 

11-18-33 

10-11-33 

9-  7-33 

4-14-34 

9-29-33 

5^15-34 
'6-  6-34 
^10-33 
3-14-34 

VI 
IV 
XI 

XV 
V 

XI 

III 

XII 

II 

IV 

I 

IV 

II 

XII 

III 
I 

X 
X 

III 

I 
I 

IX 

I 

X 

XI 

I 

VIII 

455 

158 

Equipment,  Stone  FimshingMachineryand(seeaiso 
Stone   Finishing    Machinery    and    Equipment). 

Equipment,  Waterpower  {see  also  Macliinerj'  and 
AUied  Products  Supplement,  No.  13) 

129 
665 

505 

Eraser,  Blackboard  and  Blackboard  —  Manufac- 
turing   {see   also   Blackboard   and    Blackboard 
Eraser  Manufacturing)              _                    _        _ 

117 

Eistablishment  and  use  of  Official  N.R.A.  Bulletin 
Board 

768 

455 
146 

Establishment  of  Trade  Zones.     {See  Fertilizer.) 

Etching,  Metal  {see  also  Metal  Etching) 

Excelsior  and  Excelsior  Products 

Production  control.  Extension  of  the  provi- 
sions for 

163 
565 

689 

95 

Exchange,  Stock  —  Firms(see  aZso  Stock  Exchange 
Firms               --                    -             ______ 

481 

Executive  Orders:  ' 

Administration,  Providing  for  notice  of  pro- 
ceedings and  matters  in  the  —  of  the  Na- 
tional industrial  Recovery  Act 

Administrator,  Appointment  of  —  and  Special 
Industrial  Recovery  Board 

687 
711 

Administrator,  Delegating  further  functions 
and  powers  to  the  —  for  Industrial  Recov- 
ery                    _   _  _   _            _   _   _ 

689 

Artificial  Flower  and  Feather,  Denial  of  appli- 
cation of  Kaplan  Brothers  for  exemption 
from  —  Industry 

701 

Baking  Industry,  Staying  effective  date  and 
increasing  time  for  the  Code  Authority  to 
file  reports 

611 

Bribery,  Commercial  —  provisions  to  be  in- 
cluded in  codes  heretofore  approved 

Central  Statistical  Board,  Appointment  of 

Central   Statistical   Board,    Enumeration   of 
function 

659 
724 

947 

Central   Statistical  Board,   Providing  Addi- 
tional funds 

953 

Certification,    Prescribing    Rules    for   —    of 
Documents 

656 

Coat  and  Suit,  Denial  of  application  of  Asso- 
ciated  Cloak  and  Suit   Manufacturers  of 
Portland,  Oreg.,  for  exemptions  from  the 

735 

Coat  and  Suit,  Denial  of  application  of  Con- 
necticut Garment  Manufacturers  Associa- 
tion for  exemptions  from  the  ■ —  Industry_- 

Code  Administration,  Making  provisions  for 
a  clause  in  codes  of  fair  competition  relat- 
ing to  collection  of  expense 

731 

879 

Code  authority,   Appointment  of  Hugh    A. 
Johnson  to  serve  temporarily  as  member 
of  each 

733 

Codes  of  Fair  Competition,  Prohibiting  dis- 
missal of  employees  for  reporting  alleged 
violations  _ 

949 

Construction,  Appointing  Chairman  for  Plan- 
ning and  Adjustment  Board  for  the 

Contractors,  Compliance  by  Government  • — 

with  approved  codes  of  fair  competition 

Contracts,  Government  —  and  Contracts  in- 

789 
729 
859 

766 


Code 
No. 


Industry 


Executive  Orders — Continued. 

Cooperative  organizations,  Defining  effect  of 
certain  provisions  in  tlie  Codes  of  Fair 
Conii)etition  upon 

Cooperatives,  Effect  on  ■ —  of  Codes  of  Fair 
Competition 

Corsets  and  Brassiere,  Denial  of  application 
of  Gem-Dandy  Garter  Co.  for  exenijitions 
from  the  ■ —  Industry 

Cotton  Textile,  Cordage  and  Twine  Industry 
temporarily  placed  under  the  —  Industry.. 

Cotton  Textile,  Denial  of  application  by  ■ — 
Industry  for  further  exemption  from  "  Ma- 
chine Hours"  on  tire  yarns  and  fabrics 

Cotton  Textile,  Denial  of  application  of  Ala- 
bama Mills  Co.  for  exemptions  from  the  — 
Industry 

Cotton  Textile,  Denial  of  application  of  Crys- 
tal Springs  Bleachery  for  exemptions  from 
the  —  Industry 

Cotton  Textile,  Denial  of  application  of 
Dwight  Manufacturing  Co.  for  exemptions 
from  the  —  Industry 

Cotton  Textile,  Denial  of  application  for  ex- 
emption from  —  Industry 

Cotton  Textile,  Disa.pproval  of  exception  and 
termination  of  stay  under  the  code  of  fair 
competition  for  the  —  Industry 

Cotton  Textile,  Exteinling  termination  date 
of  stay  limiting  machine  hours  in  —  Irdus- 
try .- 

Cotton  Textile,  Extension  of  stay  limiting 
machine  hours  in  —  Industry  as  applying 
to  rubber-tire  yarns 

Cotton  Textile,  Modification  of  Executive 
Order  of  July  27,  1933,  placing  the  Cordage 
and  Twine  Industry  temporarily  under  — 
Industry 

Cotton  Textile,  National  Council  of  Pajama 
Manufacturers  temporarily  placed  under 
the  —  Industry 

Delegation  of  Authority,  Rules  and  Regula- 
tions under  Section  10  (a)  and  —  under 
Section  2  (b)  of  the  National  Industrial 
Recovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Ptccovery  Act 

Enforcement  of  Section  7  (a)  of  the  National 
Industrial  Recovery  Act 

Garment  Manufacturers,  International  Asso- 
ciation of  —  temporarily  placed  under 
Cotton  Textile  Industry 

Government  contracts  and  contracts  involv- 
ing the  use  of  government  funds.  Providing 
price  tolerance  and  compliance  procedure- 
Hearings,  Authorization  of  Administrator  to 
appoint  personnel,  fix  compensations,  and 

.    conduct 

Homeworkers,  Application  of  Labor  Pro- 
visions of  Codes  to ^ 

Hosiery  manufacturers,  Temporary  approval 
given  to  certain  provisions  of  a  code  of  fair 
competition  to  be  submitted  by  national 
association  of 


Date 

Volume 

10-23-33 

II 

2-17-34 

VII 

9-18-33 

I 

7-27-33 

I 

11-  6-33 

II 

8-  4-33 

I 

8-  4^33 

I 

8-  4-33 

I 

12-  4-33 

III 

11-  6-33 

IV 

11-27-33 

III 

11-13-33 

III 

10-20-33 

II 

7-26-33 

I 

10-14-33 

VI 

2-  1-34 

VI 

2-23-34 

VII 

7-26-33 

I 

6-29-34 

XII 

7-15-33 

V 

5-15-34 

X 

7-26-33 

I 

767 


Code 
No. 


Industry 


Executive  Orders — Continued. 

Industrial  Emergency  Committee,  Creation 

of :.--i 

Labor  provisions,  Application  of  —  of  Codes 
of  Fair  Competition  affecting  apprentice 
training 

Labor  Provisions,  Prescribing  Rules  and  Reg- 
ulations for  the  Interpretation  and  Appli- 
cation of  Certain  —  of  Codes  of  Fair  Com- 
petition as  they  may  affect  Handicapped 
Workers 

Lumber  and  Timber  Products,  Denial  of  ap- 
plication of  Greensboro  Lumber  Company 
for  exemptions  from  the  —  Industry 

Modif}^  Agreements,  Authorizing  Adminis- 
trator to  —  entered  into  or  approved  by  the 
President  under  Title  I  of  the  National 
Industrial  Recovery  Act 

National  Industrial  Recovery,  Expenditures 
out  of  allocations  from  the  appropriation 
for 

National  Labor  Board,  Continuance  of  the — , 
Etc - 

National  Labor  Relations  Board,  Creation  of. 

National  Recovery  Review  Board,  Abolition 
of - 

Petroleum,  Administration  of  the  —  Industry 
given  to  Secretary  of  the  Interior 

Petroleum,  Prohibition  of  trans]3ortation  in 
interstate  and  foreign  commerce  of  —  and 
the  products  thereof  unlawfully  produced 
or  v.'ithdrawn  from  storage 

Petroleum,  Prohibition  of  transportation  in 
interstate  and  foreign  commerce  of  —  and 
the  products  thereof  unlawfully  produced 
or  withdrawn  from  storage  (with  authoriza- 
tion)   

President's  Reemployment  Agreement,  Ex- 
ception for  retail  and  service  trades  in 
towns  of  less  than  2,500  population 

President's  Reemployment  Agreement,  Ex- 
tension of  the 

Reemployment  Agreement,  Exemption  from 
the  President's  —  of  employers  in  towns  of 
less  than  2, 500  population 

Reemployment  Agreement,  Modification  of 
President's 

Retail  Trade,  Extension  of  effective  date  of 
Code  of  Fair  Competition  for  the 

Review  Board,  Creation  of  the  National 
Recovery 

Review  Board,  Funds  for  the  National  Re- 
covery   

Secretary  of  Agriculture  and  Administrator 
for  Industrial  Recovery,  Delegating  jjower 
for  joint  code  approval,  etc 

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Orders  which  Delegated  to  the  - — - 
Certain  Authority  under  the  National 
Industrial  Recovery  Act 

Secretary  of  Agriculture,  Amendment  of  Ex- 
ecutive Orders  which  Delegated  to  the  — 
certain  authority  under  the  National  Indus- 
trial Recovery  Act 


Date 

Volume 

6-30-34 

XII 

6-27-34 

XII 

2-17-34 

VII 

10-20-33 

II 

11-22-33 

III 

3-27-34 

VIII 

12-16-33 
6-29-34 

VI 
XII 

6-30-34 

XII 

8-29-33 

I 

7-11-33 

I 

7-14-33 

I 

5-15-34 

X 

4-14-34 

IX 

10-23-33 

II 

10-11-33 

I 

11-27-33 

III 

3-  7-34 

VII 

3-  9-34 

VII 

6-29-34 

XII 

1-  8-34 

VI 

1-20-34 

VI 

Page 

621 
613 

706 
696 

657 

863 

648 
617 

622 

730 

713 

714 

952 

881 

699 
734 
660 
709 
710 

620 

649 
647 


768 


Industry 


Executive  Orders — Continued. 

Secretary  of  Agriculture,  Continuing  in  effect 
the  Authority  Delegated  to  the  —  bv  Ex- 
ecutive Order  No.  6182 1 

Secretary  of  Agriculture,  Delegation  of  cer- 
tain functions  and  powers  to 

Secretary'  of  the  Interior,  Delegation  of  au- 
thority under  Section   9  of  the  National 

Industrial  Recovery  Act 

Service  Trades  or  Industries,  Local  codes  for 

uncodified 

Service  Trades  or  Industries,  Partial  Sus- 
pension of  Codes  for 

Silk  and  Rayon  Dyeing  and  Printing  Indus- 
try, Temporary  approval  given  to  certain 
section  of  a  submitted  code  of  fair  com- 
petition for  the  —  Industry 

Special  Adviser  on  Foreign  Trade,  Establish- 
ing the  office  of 

Statistical,  Providing  for  Submission  of  — 
Information  by  Persons  subject  to  Codes 

of  Fair  Competition 

Stay,  Authority  granted  to  Administrator  to 
—  application  of  codes  within  10  days  after 

effective  date 

Tariff  relief.  Procedure  to  be  followed  for  — 
under  Section  3  (e)  of  the  National  Indus- 
trial Recovery  Act 

Territories,  Delegating  authority  to  the  Ad- 
ministrator to  enter  into  agreements  for__ 
Textile  Finishing  Industry  temporarily  placed 

under  Cotton  Textile  Industry 

Tire  Manufacturers  and  Distributors,  Agree- 
ment among 

Underwear  and  Allied  Products  Industry 
temporarily  placed  under  Cotton  Textile 

Industry 

Underwear   and    Allied    Products    Manufac- 
turing, Extension  of  stay  for  —  Industry. 
Upholstery  and  Drapery  Textile,  Further  ex- 
tension of  time  for  certain  manufacturers 
to  elect  not  to  be  bound  under  the  code  of 

fair  competition  for  the  —  Industry 

Exemplification,  Certification  and  —  of  Docu- 
ments, Rules  and  Regulations  governing 

Exception  for  retail  and  service  trades  in  towns 
of  less  than  2,500  population  from  President's 

Reemployment  Agreement 

Exemption,  Amendment  to  the  —  from  the  Presi- 
dent's Reemployment  Agreement  in  towns  less 

than  2,500  in  population 

Exemption,  Granting  limited  —  from  provisions 
of   Codes   of   Fair   Competition   in   connection 

with  sales  to  Hospitals 

Exemption,  Granting  permanent  stay  of  —  from 
Codes  of  Fair  Competition  in  connection  with 

sales  to  Hospitals  for  certain  Industries 

Exemption,  Granting  Sheltered  Workshops  Con- 
ditional —  from  Codes  of  Fair  Competition 

Exemptions  from  the  President's  Reemployment 
Agreement  of  employers  in  towns  less  than 
2,500  in  population 


7-21-33 
6-26-33 

6-30-34 
6-28-34 
5-26-34 

7-22-33 
3-23-34 

12-  7-33 

7-15-33 

10-23-33 
6-27-34 
7-21-33 
4-19-34 

7-21-33 
10-20-33 

12-11-33 
4-11-34 

5-15-34 

5-15-34 

1-23-34 

3-  3-34 
3-  3-34 

10-23-33 


VI 
I 

XII 

XII 

X 

I 
VIII 

III 


II 

XII 

I 

IX 

I 
II 

IV 
IX 

X 

X 

V 

VII 
VII 

II 


645 
712 

623 
615 
954 

718 
861 

662 

715 

700 
612 
716     ' 

882 

717 
697 

686 
910 

952 

952 

782 

726 

727 

69ft 


7G9 


Code 
No. 


369 


98 


374 

84 


Industry 


Exemptions,  Rules  ard  regulations  concerning 
modifications  of  and  —  from  approved  Codes 

of  Fair  Competition 

Exemption,  Stay  of  order  granting  limited  —  from 
provisions  of  codes  of  fair  competition  in  con- 
nection with  sales  to  hospitals 

Expanding  and  Specialty  Paper  Products 

Expense,  Governing  collection  of  —  of  Code  Ad- 
ministration {see  also  Code  Administration) 

Extinguishing,  Fire  —  Appliance  Manufacturing 
(see  also  Fire  Extinguishing  Appliance  Manu- 
facturing)   

Extract,  Tanning  (see  also  Tanning  Extract) 

Fabricated   Metal   Products   Manufacturing  and 

Metal  Finishing  and  Metal  Coating 

Amendment,  No.  1 

Amendment,  No.  2 

Expenses  of  Code  Administration,  Terminat- 
ing exemption  relevant  to  collection  of 

Supplement,  No.  1,  for  Metallic  Wall  Struc- 
ture Industrial  Subdivision 

Supplement,   No.   2,  for  Hand  Chain  Hoist 

Manufacturing 

Supplement,  No.  3,  for  Chain  Manufacturing. 
Supplement,   No.   4,   for  Electric  Industrial 

Truck  Manufacturing 

Supplement,  No.  5,  for  Railway  Car  Appli- 
ances   

Supplement,  No.  6,  for  Shoe  Shank  Manu- 
facturing   

Supplement,  No.  7,  for  Tool  and  Implement 

Manufacturing 

Axe  Division 

Hammers  Division 

Hatchet  Division 

Scythe  and  Snathe  Division 

Shovel  and  Post  Hole  Digger  Division, _. 

Steel  Goods  Division 

Supplement,    No.    8,    for    Hack    Saw    Blade 

Manufacturing 

Supplement,  No.  9,  for  Forged  Tool  Manu- 
facturing  

Supplement,  No.  10,  for  Cutlery,  Manicure 
Implement  and  Painters  andTaperhangers 

Tool  Manufacturing  and  Assembling 

Manicure  Implement  Section 

Painters  and  Paperhangers  Tool  Equip- 
ment Section 

Pocket  Knife  Section 

Scissors  and  Shears  Section 

Straight  Razor  Section 

Table  and  Trade  Knife  Section 

Supplement,  No.  11,  for  Tackle  Block  Manu- 
facturing  

Supplement,    No.    12,   for  Power  and   Gang 

Lawn  Mower  Manufacturing 

Amendment,  No.  1 

Supplement,  No.  13,  for  Porcelain  Enameling 

Manufacturing 

Frit  Division 

Jobbing  Shop  Division 

Sign  Division 

Table  Top  Division 


5-  5-34 


2-  2-34 
3-26-34 

5-26-34 


11-  4-33 
3-29-34 

11-  2-33 
6-  1-34 
6-27-34 

7-19-34 

1-10-34 

1-30-34 
1-31-34 

1-31-34 

2-  9-34 

2-21-34 

3-1.5-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 
3-15-34 

3-17-34 

3-24-34 


3-26-34 
3-26-34 

3-26-34 
3-26-34 
3-26-34 
3-26-34 
3-26-34 

3-26-34 

3-26-34 
8-  8-34 

3-31-34 
3-31-34 
3-31-34 
3-31-34 
3-31-34 


X 

VI 
VIII 

X 

II 

IX 

II 

XI 
XII 

XIII 

V 

V 
V 

V 

VI 

VII 

VIII 
VIII 
VIII 
VIII 
VIII 
VIII 
VIII 

VIII 

VIII 


VIII 
VIII 
VIII 
VIII 
VIII 

VIII 

VIII 
XV 

IX 
IX 
IX 
IX 

IX 


957 


659 
553 

987 


511 
1 

327 
373 
311 

765 

703 

727 
739 

751 

637 

677 

747 
747 
747 
747 
747 
747 
747 

779 

811 


VIII  823 
VIII  823 


823 
823 
823 
823 

823 

849 

837 
205 

749 
749 
749 
749 
749 


770 


Code 
No. 


Industry 

Fabricated  Metal  Products  etc. — Continued. 

Supplement,    No.    14,  for  Non-Ferrous  Hot 

Water  Tank  Manufacturing 

Supplement,  No.  15,  for  Wrench  Manufactur- 
ing  

Adjustable  Monkey  Wrenches  Division.. 

Adjustable  Pipe  Wrenches  Division 

Adjustable  Wrenches  and  Pliers  Division. 

Adjustable  Wrenches  Division 

Chain  Pipe  Wrenches  (Tongs)  Division,.. 

Detachable  Socket  Wrenches  Division 

Drop-forged  Wrenches  (Alloy)  Division.. 
Drop-forged   Wrenches    (Carbon)    Divi- 
sion   

Ratchet    and    Miscellaneous    Wrenches 

Division 

Supplement,  No.  16,  for  Snap  Fastener  Manu- 
facturing  

Supplement,  No.   17,  for  Advertising  Metal 

Sign  and  Displaj'  Manufacturing 

Supplement,  No.  18,  for  Screw  Machine  Prod- 
ucts Manufacturing 

Amendment,  No.  1 

Supplement,  No.  19,  for  Cap  Screw  Manufac- 
turing  

Supplement,  No.  20,  for  Machine  Screw  Nut 

Manufacturing 

Supplement,  No.  21,  for  Bright  Wire  Goods 

Manufacturing 

Supplement,  No.  22,  for  Drapery  and  Carpet 

Hardware  Manufacturing 

Supplement,    No.    23,    for    Machine    Screw 

Manufacturing 

Supplement,  No.  24,  for  Wood  Screw  Manu- 
facturing  

Supplement,  No.  25,  for  Steel  Package  Manu- 
facturing   

Supplement,  No.  26,  for  Standard  Steel  Bar- 
rel and  Drum  Manufacturing 

Supplement,    No.   27,   for   Galvanized  Ware 

Manufacturing 

Supplement,    No.    28,    for   Job    Galvanizing 

Metal  Coating 

Supplement,   No.  29,  for  Washing  Machine 

Parts  Manufacturing 

Supplement,  No.  30,  for  Milk  and  Ice  Cream 

Can  Manufacturing 

Supplement,  No.  31,  for  Warm  Air  Pipe  and 

Fittings  Manufacturing 

Supplement,  No.  32,  for  Hog  Ring  and  Ringer 

Manufacturing 

Supplement,  No.  33,  for  Flexible  Metal  Hose 

and  Tubing  Manufacturing 

Supplement,    No.    34,    for    Wire    Rope    and 

Strand  Manufacturing 

Supplement,  No.  35,  for  Cutting  Die  Manu- 
facturing   

Supplement,  No.  36,  for  Lift  Truck  and  Port- 
able Elevator  Manufacturing 

Supplement,    No.    37,   for   Artistic    Lighting 

Equipment  Manufacturing 

Supplement,  No.  38,  for  complete  Wire  and 
Iron  Fence 


Date 

Volume 

4-  4-34 

IX 

4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4r-34 
4-  4r-34 

IX 
IX 
IX 
IX 
IX 
IX 
IX 
IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  6-34 

IX 

4-20-34 

IX 

4-28-34 
5-16-34 

X 
X 

5-  3-34 

X 

5-  5-34 

X 

5-  7-34 

X 

5-  9-34 

X 

5-10-34 

X 

5-10-34 

X 

5-16-34 

X 

5-16-34 

X 

5-17-34 

XI 

5-17-34 

XI 

5-17-34 

XI 

5-17-34 

XI 

5-18-34 

XI 

5-22-34 

XI 

5-24-34 

XI 

5-24-34 

XI 

6-  8-34 

XI 

6-23-34 

XII 

6-28-34 

XII 

7-  3-34 

XII 

771 


Industry 


Volume 


Page 


Fabricated  Metal  Products  etc. — Continued. 

Supplement,  -No.  39,  for  Prison  Equipment 

Manufacturing 

Supplement,    No.    40,    for    Cut    Tack,    Wire 

Tack,  and  Small  Staple  Manufacturing 

Supplement,  No.  41,  for  Open  Steel  Flooring 

(Grating)  Manufacturing 

Supplement,  No.  42,  for  Brass  Forging  Man- 
ufacturing  ■ 

Supplement,  No.  43,  for  Vitreous  Enameled 

Ware  Manufacturing 

Supplement,  No.  44,  for  Pulp  and  Paper   Mill 

Wire  Cloth  Manufacturing 

Supplement,   No.  45,  for  Hand  Bag  Frame 

Manufacturing 

Supplement,  No.  46,  for  Electro  Plating  and 

Metal  Polishing  and  Metal  Finishing 

Supplement,  No.  47,  for  Pipe  Tool  Manufac- 
turing  

Fabricating,  Reinforcing  Materials  (see  also  Rein- 
forcing Materials  Fabricating) 

Faliricating-,  Steel  Plate  {see  also  Steel  Plate  Fab- 
ricating)   

Fabricating,   Structural  Steel  and  Iron   {see  also 

Structural  Steel  and  Iron  Fabricating) 

Fabric    Auto    Equipment    Division.      {See    Light 

Sewina;  Industry  Except  Garments.) 
Fabric    Shade,    Woven    Wood    {see    also    Woven 

Wood  Fabric  Shade) 

Fabrics,  Automobile  — ,   Proofing    and    Backing 

Division.      {See  Rubber  Manufacturing.) 
Fabrics,  Corset,  Brassiere,  and  Allied  Trades  — 
Division.     {See    Cotton    Textile    Supplement, 
No.  1.) 
Falirics,  Curtain  and  Drapery  —  Division.     {See 

Cotton  Textile  Supplement,  No.  1.) 
Fabrics,  Leather  Cloth  and  Lacquered  — ,  Window 
Sliade  Cloth  and  Impregnated  Fabrics  Indus- 
tries   {see   also   Leather   Cloth   and    Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 

Fabrics  Industries) 

Fabrics,  Narrow  {see  also  Narrow  Fabrics) 

Fabrics,  Upholstery  and  Decorative  —  Division. 

{See  Wholesaling  or  Distributing  Trade.) 
Fabric,  Slit  — ;  Manufacturing  (see  also  Slit  Fabric 

Manufacturing) 

Face,  Window  —  Bag  Division.     {See  Paper  Bag 
Manufacturing.) 

Fan- and  Blower 

Hazardous  occupations,  Approving  a  list  of 

Fancy  Fur  Dyers  Division.    {See  Fur  Dressing  and 

Fur  Dyeing.) 
Fanc}',  Glazed  and  —  Paper  (see  also  Glazed  and 

Fancy  Paper) 

Farm  Equipment 

Amendment,  No.  1 

Amendment,  No.  2 

Farming,  Trout  — ,  Eastern  Section  (see  also  Fish- 
ery Supplement,  No.  6) 

Farm,  Retail  —  Equipment  Trade  (see  also  Retail 

Farm  Equipment  Trade) 

Farmers',  Definition  of  —  and  Consumers'  Coop- 
eratives  


7-  5-34 

7-  6-34 
7-11-34 
7-19-34 
7-22-34 
7-30-34 

8-  1-34 
8-22-34 
8-23-34 

11-27-33 
4-  6-34 
7-11-34 

6-28-34 


5-  3-34 
2-27-34 


1-16-34 


2-  1-34 
10-  3-33 
12-21-33 

5-  7-34 

7-25-34 
1-  6-34 
5-18-34 


XII 
XIII 
XIII 
XIII 
XIII 
XIV 
XIV 
XV 
XV 

III 

IX 

XIII 

XII 


561 
495 

55 
645 
709 
421 
463 
585 
601 
285 
233 

47 

161 


IX 
VII 


1-30-34  V 

8-  1-34     XIV 


VI 

I 

IV 

X 

XIV 

V 

X 


607 
387 


245 


575 
591 


41 
489 
657 
527 

345 

17 
977 


772 


Code 
No. 


243 


29 

206 

30 

73 
426 

143 


67 

341 
245 

305 
393 
326 


396 


Industry 


Fastener,  Slide  (see  also  Slide  Fastener) 

Fastener,  Snap  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
16). 


Feather,  Artificial  Flower  and  (see  also  Artificial 
Flower  and  Feather) 

Federal  Alcohol  Control  Administration,  Delegat- 
ing further  functions  and  powers  to  the 

Feldspar 

Amendment,  No.  1 

Felt  Base,  Linoleuin  and  —  Manufacturers  (see 
also  Linoleum  and  Felt  Base  Manufacturers) 

Felt,  Hair  and  Jute  (see  also  Hair  and  Jute  Felt)__ 

Felt,  Paper  Makers'  (see  also  Paper  Makers'  Felt) . 

Felt.      (See  Hat  Manufacturing.) 

Felt,  Wool  —  Manufacturing  (see  also  Wool  Felt 
Manufacturing) 

Fence,  Complete  Wire  and  Iron  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  38) 

Fertilizer 

Zones,  Establishment  of  Trade  —  for  the  — 
Industry 

Fiber  and  Metal  Work  Clothing  Button  Manu- 
facturing  

Fiber,  Corrugated  and  Solid  —  Shipping  Con- 
tainer {see  also  CorrugaLed  and  Solid  Fiber 
Shipping  Container) 

Fibre  Can  and  Tube 

Amendment,  No.  1 

Fibre,  Soft  — ■  Manufacturing  (see  also  Soft  Fibre 
Manufacturing) 

Fibre  Wallboard 

Field  Athletics.  (See  Athletic  Goods  Manufac- 
turing.) 

Filing,  Business  Furniture,  Storage  Equipment 
and  — ■  Supply  (see  also  Business  Furniture, 
Storage  and  Filing  Supply) 

Filing  Supply  (see  also  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Supplement,  No. 


2). 


Filter,  Air  (see  also  Machinery  and  Allied  Products 
Supplement,  No.  32) i 

Filtering  Materials,  Milk  —  and  the  Dairy  Prod- 
ucts Cotton  Wrappings  (see  also  Milk  Filtering 
Materials  and  the  Dairy  Products  Cotton  Wrap- 
pings)   

Filter,  Water  Softener  and  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  28) 

Findings,  Leather  and  Shoe  —  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 
No.  9) 

Fine  Goods.      (See  Cotton  Textile.) 

Finished  Moulding  Division.  (See  Picture  Mould- 
ing and  Picture  Frame.) 

Finishers,  Cotton  and  Rayon  Tubular  Knit  Goods 
Dyers  and  —  Division.  (See  Textile  Processing 
Amendment,  No.  3.) 

Finishing  Branch.      (See  Cotton  Textile.) 


Date 


1-31-34 


4-  6-34 

9-18-33 

8-21-34 
1-16-34 

8-24-34 

9-18-33 

10-31-33 

5-11-34 


11-27-33 

7-  3-34 
10-31-33 

2-26-34 

3-17-34 


2-  1-34 
2-24-34 
7-  6-34 

4-  9-34 
3-10-34 


11-  4-33 

7-30-34 
7-21-34 

4-19-34 
7-  9-34 

5-17-34 


Volume 


V 


635 


IX  :  811 
I  ;  381 


XV 

V 

XV 

I 

II 
X 


XII 

II 

VII 
VIII 


VI 

VII 

XIII 

IX 
VII 


XIV 
XIII 

IX 
XIII 

XI 


624 
153 
429 

389 
199 
129 


III      535 


545 
119 

718 

155 


1 
285 
237 

273 

565 


383 

391 

671 

307 

547 

493 


773 


Industry 


Finishing,  Electro  Plating  and  Metal  Polishing 
and  Metal  Finishing  (see  also  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 

and  Metal  Coating  Supplement,  No.  46) 

Finishing,  Fabricated  Metal  Products  Manufac- 
turing and  Metal  —  and  Metal  Coating  (see 
also  Fabricated  Metal  Products  Manufacturing 

and  Metal  Finishing  and  Metal  Coating) 

Finishing,  Marble  Quarrying  and  (see  also  Marble 

Quarrying  and  Finishing) 

Finishing,  Photographic  and  Photo  (see  also  Pho- 
tographic and  Photo  Finishing) 

Finishing,  Spray  Painting  and  —  Equipment 
Manufacturing    (see   also   Spray    Painting   and 

Finishing  Equipment  Manufacturing) 

Finishing,  Stone  —  Machinery  and  Equipment 
(see  also  Stone  Finishing  Machinery  and  Equip- 
ment)   

Finishing,  Textile  - — ■,  temporarily  placed  under 

Cotton  Textile  Industry 

Finishing,   Trade   Mounting  and.      {See  Graphic 

Arts.) 

Finish,  Shoe  and  Leather  — ,  Polish,  and  Cement 

Manufacturing    (see    also    Shoe    and    Leather 

Finish,  Polish,  and  Cement  Manufacturing)  __ 

Firebox,  Steel  Tubular  and  —  Boiler  (see  also  Steel 

Tubular  and  Firebox  Boiler) 

Fire  Clay.      {See  Refractories.) 

Fire  Extinguishing  Appliance  Manufacturing 

Amendment,  No.  1 

Cost  Accounting,  Approving  a  uniform  sys- 
tem of 

Fire,  Motor  —  Apparatus  Manufacturing  (see  also 

Motor  Fire  Apparatus  Manufacturing) 

Fire  Resistive  Safe  Division.  {See  Business  Furni- 
ture, Storage  Equipment  and  Filing  Supply 
Amendment,  No.  1.) 
Fire  Resistive  Safe  (see  also  Business  Furniture, 
Storage  Equipment  and  Filing  Supply  Supple- 
ment, No.  1) 

Firms,  Stock  Exchange  (see  also  Stock  Exchange 

Firms) 

Fishery 

Blue  Crab  Division,  Temporary  modification 

of  minimum  wage  provisions  in  the 

Supplement,  No.  1  for  Fresh  Oyster 

Hours  of  labor,  rates  of  pay,  etc.,  Ex- 
tending time  to  report  on 

Supplement,  No.  2  for  Wholesale  Lobster 

Supplement,    No.    3   for    California    Sardine 

Processing 

Supplement,    No.    4   for   Atlantic    Mackerel 

Fishing 

Production,  Approval  of  plan  of  curtail- 
ment of 

Production,  Approval  of  plan  of  curtail- 
ment of 

Production,  Approving  curtailment  of__ 

Supplement,  No.  5  for  Blue  Crab 

Supplement,  No.  6  for  Trout  Farming,  East- 
ern Section 


Date 


Volume 


8-22-34 

11-  2-33 
5-  9-34 
3-23-34 

4-19-34 

12-15-33 
7-21-33 

12-30-33 

10-23-33 

11-  4-33 
7-27-34 

7-20-34 

11-  8-33 


7-30-34 

11-  4-33 
2-26-34 

4-27-34 
3-10-34 

8-  6-34 
4-13-34 

4r-24-34 

5-  3-34 
7-14-34 

8-  6-34 

6-  9-34 
5-  5-34 

7-25-34 


XV 

II 

X 

VIII 

IX 

IV 

I 


IV 

II 
II 

XIV 
XIII 

II 


XIV 

II 

VII 

IX 

VII 

XV 
IX 

X 

X 

XIII 

XV 

XI 

X 


585 

327 

57 

44a 

317 

129 
716 

485 

57 

511 
151 

767 

629 


405 

481 
327 

927 
693 

628 
823 

645 

711 

751 

625 
819 
747 


XIV  I  345 


774 


Code 

No. 


Industry 


13 


500 


508 


153 

415 

352 
409 

92 


224 


Fishing  Tackle 

Amendment,  No.  1 

Amendment,  No.  2 

Home  Workers,  Requiring  registration  of 

Hours,   Approval  of  exception  a&  to  —  of 
work  of  watchmen  in  the 

Fish,  Processed  or  Refined  —  Oil  {see  also  Pro- 
cessed or  Refined  Fish  Oil) 

Fitted  Picture  Frame  Division.  {See  Picture 
Moulding  and  Picture  Frame.) 

Fittings,  Industry  of  Wholesale  Plumbing  Prod- 
ucts, Heating  Products  and/or  Distributing 
Pipe,  —  and  Valves  {see  also  Industry  of  Whole- 
sale Plumbing  Products,  Heating  Products, 
and/or  Distributing  Pipe,  Fittings  and  Valves).. 

Fittings,  Sanitary  Brass  Plumbing  ■ — ■  Division. 
((See  Plumbing  Fixtures.) 

Fittings,  Valve  and  —  Manufacturing  (see  also 
Valve  and  Fittings  Manufacturing) 

Fittings,  Warm  Air  Pipe  and  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  31) 

Fixture,  Commercial  {see  also  Commercial 
Fixture) 

Fixtures.     {See  Plumbing  Fixtures.) 

Flag  Manufacturing 

Flatware.     (<See  Silverware  Manufacturing.) 

Flexible  Insulation 

Flexible  Metal  Hose  and  Tubing  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  33) 

Floor  and  Wall  Clay  Tile  Manufacturing 

Amendment,  No.  1 

China  Accessories  Division 

Amendment,  No.  2 

Price  lists,  Permitting  discounts  from  pub- 
lished   

Floor  Covering  Division.  {See  Wholesaling  or 
Distributing  Trade.) 

Floor,  Furniture  and  —  Wax  and  Polish  (see  also 
Furniture  and  Floor  Wax  and  Polish) 

Flooring,  Oak  —  Division.  {See  Lumber  and 
Timber  Products.) 

Flooring,  Open  Steel  —  (Grating)  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  41) 

Flooring,  Resilient  —  Contracting  (see  Construc- 
tion Supplement,  No.  10) 

Flooring,  Rubber  —  Division.  (*See  Rubber 
Manufacturing.) 

Flooring,  Specialty  Wood  —  Division.  {See 
Lumber  and  Timber  Products  Amendment, 
No.  9.) 

Floor  Tile,  Cork  —  Manufacturers  Division. 
{See  Cork.) 

Floor  Truck,  Caster  and  —  Manufacturing  (see 
Machinerv  and  Allied  Products  Supplement, 
No.  26).-"- 


8-19-33 

11-14-33 

3-21-34 

5-29-34 

10-  7-33 

8-  8-34 


8-25-34 

12-15-33 

5-18-34 
5-  3-34 
3-21-34 
4-30-34 


5-24-34 
11-  4-33 
4-28-34 
4-28-34 
5-18-34 

4-16-34 


1-23-34 


7-11-34 
5-29-34 


I 

VI 

VIII 

XI 

VI 

XV 


XV 

IV 

XI 

IX 

VIII 

IX 


XI 

II 

X 
X 
X 

IX 


V 


XIII 

XI 


217 
581 

643    i 
799 

657 

39 


163 

29 

501 
591 
319 
507 


543 
443 
485 
485 
563 

920 


381 


559 
569 


7-  7-34 


XIII 


523 


775 


Industry 


Floor,  Waterproofing,  Dampproofing,  Caulking 
Compounds,  and  Concrete  —  Treatments 
Manufacturing  {see  also  Waterproofing,  Damp- 
proofing,  Caulking  Compounds,  and  Concrete 
Floor  Treatments  Manufacturing) 

Floor,  Wood  —  Contracting'  {see  also  Construc- 
tion Supplement,  No.  11) 

Flower,  Artificial  —  and  Feather  {see  also  Artifi- 
cial Flower  and  Feather) 

Flower  Pot,  Clay  —  Division.  {See  Earthen- 
ware Manufacturing.) 

Fluted  Cup,  Pan  Liner,  and  Lace  Paper 

Foil,  Metallic  —  Products  Division.     {See  Lead.) 

Folding  Paper  Box 

Food  Container,  Open  Paper  Drinking  Cup,  and 
Round  Nesting  Paper  {see  also  Open  Paper 
Drinking  Cup  and  Round  Nesting  Paper  Food 
Container) 

Food  Dish  and  Pulp  and  Paper  Plate 

Amendment,  No.  1 

Food,  Dog  {see  also  Dog  Food) 

Food,  Open  Paper  Drinking  Cup  and  Round  Nest- 
ing Paper  —  Cojitainer  {see  also  Open  Pf^per 
Drinking  Cup  and  Round  Nesting  Paper  Food 
Container) . 

Food,  Retail  —  and  Grocery  Ti-ade  {see  also  Re- 
tail Food  and  Grocei  y  Trade) 

Food,  Wholesale  • —  and  Grocery  Trade  {see  also 
Wholesale  Food  and  Grocery  Trade) 

Football.      (*S'ee  Athletic  Goods  Manufacturing.) 

Footweai,  Rubber  —  Division.  {See  Rubber 
Manufact'jring.) 

Foreign  Trade,  Establishing  the  Office  of  Special 
Adviser  on 

Forged  Tool  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufe.cturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  9)-- 

Forging,  Brass  —  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Ma.nufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 


42). 


Forging,  Drop  {see  also  Drop  Forging) 

Forging,  Machine  Tool  and  —  Machinery  {see 
also  Machine  Tool  and  Forging  Machinery) 

Forms,  Staiidardized  Stationery  and  Business. 
(*S'ee  Graphic  Arts.) 

Foundry  Equipment 

Amendment,  No.  1 

Foundry,  Non-Ferrous  (see  also  Non-Ferrous 
Foundry) 

Foundry  Supply 

Amendment,  No.  1 

Hazardous  occupations,  approving  a  list  of 

Frame,  Hand  Bag  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 
No.  45) 

Frame,  Picture  Moulding  and  Picture  (see  also 
Picture  Moulding  and  Picture  Frame) 

Frame,  Umbrella  —  and  Umbrella  Hardware 
Manufacturing  (see  also  Umbrella  Frame  and 
Umbrella  Hardware  Manufacturing) ^__ 


Date 


11-27-33 
5-29-34 
9-18-33 

2-17-34 
12-30-33 


3-26-34 
2-  1-34 
7-  6-34 
5-31-34 


3-26-34 

12-30-33 

1-  4-34 

3-23-34 
3-24-34 


7-19-34 
5-10-34 

11-  8-33 


2-  6-34 
8-13-34 

12-18-33 
2-  5-34 
8-24-34 
7-26-34 


8-  1-34 
1-16-34 

4-  6-34 


Volume 


III 

XI 

I 

VII 

IV 


VIII 
VI 

XIII 
XI 


VIII 

IV 

V 

VIII 
VIII 


XIII 
X 

II 


VI 
XV 

IV 

VI 

XV 

XIV 


XIV 
V 

IX 


Page 


497 
583 
381 

175 
591 


567 
29 

241 
97 


567 

457 

1 

861 
811 


645 

85 

577 


255 
273 

211 
219 
433 
571 


463 

175 

179 


776 


Industry 


Freezer,  Counter  Type  Ice-Cream  (see  also  Coun- 
ter Type  Ice-Cream  Freezer) 

French,  Worsted  Spinners,  • —  System,  Division. 
(*S'ce  Wool  Textile  Amendment,  No.  1.) 

Fresh  Oyster  (see  Fishery  Su])plement,  No.  1) 

Fresh  Water  Pearl  Button  Manufacturing 

Amendment,  No.  1 

Friction  Products,  Brake  Lining  and  Related  — 

Division.      {See  Asbestos.) 
Fi-it  Division.      {See  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  13.) 
Fruit,    Preserve,    Maraschino   Cherry  and   Glace 
(see    also    Preserve,    Maraschino    Cherry    and 

Glace  Fruit) 1 

Fuel,  Charcoal  and  Package  —  Distributing  Trade 
(see    also    Wholesaling    or    Distributing    Trade 

Supplement,  No.  19) 

Fueling,  Vessel  —  Division.     {See  Coal  Dock.) 

Fuel,  Retail  Solid  (see  also  Retail  Solid  Fuel) 

Fuller's  Earth  Producing  and  Marketing 

Funds  for  the  National  Recovery  Review  Board.  _ 
Funds,  Government  contracts  and  contracts  in- 
volving the  use  of  Government  (see  also  Con- 
tracts, Government  —  and  contracts  involving 

the  use  of  Government  Funds) 

Funeral  Service 

Amendment,  No.  1 

Amendment,  No.  2 

Funeral  Supply 

Amendment,  No.  1 

Amendment,  No.  2 

Funeral  Vehicle,  Supplement,  No.  1,  to  Automo- 
bile Manufacturing 

Fungicide,  Agricultural  Insecticide  and  {see  also 

Chemical  Manufacturing  Supplement,  No.  1) 

Fur  Cutting,  Hatters'  (see  also  Hatters'  Fur  Cut- 
ting)  

Fur  Dealing  Trade 

General  Division 

Ra):)bit  Dealing  Division 

Amendment,  No.  1 

Fur  Dressing  and  Fur  Dyeing 

Dog  and  Long  Haired  Fur  Dyers  Division 

Fancy  Fur  Dressers  Division 

Fancy  Fur  Dyers  Division 

Rabbit  Fur  Dressers  Division 

Rabbit  Fur  Dyers  Division 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Fur-felt.      {See  Hat  Manufacturing.) 

Fur  Manufacturing 

Amendment,  No.  1 

Code  Authority,  Adding  two  additional  mem- 
bers to  the  Temporary 

Market  Areas,  Extending  date  of  report  of 

Special  Commission  on 

Special  Commission,  Appointment  and  allo- 
cation of  certain  powers  to  the 

Furnace,  Blast  —  Castings  Division.     {See  Non- 
Ferrous  Foundry.) 


Date 

Volume 

5-  5-34 

X 

3-10-34 

VII 

2-2G-34 

VII 

8-20-34 

XV 

6-  8-34 

XI 

8-  7-34 

XV 

2-14-34 

VI 

3-23-34 

VIII 

3-  9-34 

VII 

3-14-34 

VIII 

4-  4-34 

IX 

7-24-34 

XIV 

7-25-34 

XIV 

11-    4r-33 

II 

2-  8-34 

VI 

6-  6-34 

XI 

11-  8-33 

II 

5-  1-34 

X 

7-  3-34 

XII 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

7-20-34 

XIII 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

12-18-33 

IV 

6-30-34 

XII 

7-18-34 

XIII 

7-25-34 

XIV 

8-  3-34 

XIV 

5-19-34 

X 

7-30-34 

XIV 

7-23-34 

XIV 

7-  3-34 

XII 

8-  7-34 

XV 

777 


Industry 


Volume 


Furnace,   Industrial  —   Manufacturing   {see  also 

Industrial  Furnace  Manufacturing) 

Furnace,  Warm  Air  — ■  Manufacturing   (see  also 

Warm  Air  Furnace  Manufacturing) 

Furnishings,    House   —    Division.      (See    Whole- 
saling or  Distributing  Trade  Supplement,  No. 
8.) 
Furnishings,    Men's   —    Division.      (See    Whole- 
saling    or     Distributing     Trade     Supplement, 
No.  8.) 

Furniture  and  Floor  Wax  and  Polish 

Amendment,  No.  1 

Silver  and  Metal  Polish  Division 

Sweeping  Compound  Division 

Furniture,  Business,  —  Storage  Equipment  and 
Filing   Supplies    (see   also   Business    Furniture, 

Storage  Equipment  and  Filing  Supplies) 

Furniture  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Cost  Formula,  Approving 

Homework,  Terminating  a  stay  relevant  to  _ 
Stay,  Temporary  —  of  Articles  III,  IV,  and 

V  for  the  —  Industry 

Furniture,  Porcelain  Breakfast  —  Assembling 
(see  also  Porcelain  Breakfast  Furniture  As- 
sembling)   

Furniture,  Ready-Made  —  Slip  Covers  Manufac- 
turing   (see    also    Ready-Made    Furniture    Slip 

Covers  Manufacturing) 

Furriers  Supplies  Trade  (see  also  Wholesaling  or 

Distributing  Trade  Supplement,  No.  10) 

Fur  Trapping  Contractors 

Fur  Wholesaling  and  Distributing  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supplement, 

No.  11) 

Galvanizing,  Job  —  Metal  Coating  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  28) 

Galvanized  Ware  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing    and    Metal    Coating,    Supplement, 

No.  27) 

Garment,  Banana  and  Dry  Cleaner  or  —  De- 
livery Bag  Division.  (See  Paper  Bag  Manu- 
facturing.) 

Garment,  Cotton  (see  also  Cotton  Garment) 

Garment  Manufacturers,  temporarily  placed  under 

Cotton  Textile  Industry 

Garments.     {See  Cotton   Garment;   Wholesaling 

or  Distributing  Trade.) 
Garments,  Light  Sewing  Industry  Except  (see  also 

Light  Sewing  Industry  Except  Garments) 

Garter,  Suspender  and  Belt  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Hazardous  occupations  classified  for  the  — 

Industry 

Gas  Appliances  and  Apparatus 

Gas  Cock 

Amendment,  No.  1 

86360—34 40 


3-23-34 
11-27-33 


1-23-34 

7-12-34 
7-12-34 
7-12-34 


11-  4-33 

12-  7-33 
2-  5-34 
7-12-34 
7-20-34 
8-13-34 
7-27-34 

1-12-34 


1-30-34 


2-16-34 

6-  2-34 
12-15-33 


6-  9-34 

5-17-34 

5-17-34 

11-17-33 
7-26-33 


1-23-34 

11-  4-33 

1-27-34 

6-  6-34 


VIII 
III 


V 
XIII 
XIII 
XIII 


II 

III 

VI 

XIII 

XIII 

XV 

XIV 


VI 

XI 
IV 


XI 
XI 
XI 

III 
I 


V 

II 

V 
XI 


3-  3-34  VII 
11-27-33  !  Ill 
10-31-33  I       II 

7-12-34     XIII 


387 
461 


381 
273 
273 
273 


383 
551 
611 
281 
439 
662 
574 

774 


587 


527 

609 
151 


737 

455 

441 

77 
722 


403 
471 
693 
397 

729 
421 
157 

285 


778 


Code 
No. 

Industry 

Date 

Volume 

Page 

104 

Gas,  Liquefied  (see  also  Liquefied  Gas) 

11-  8-33 

II 

587 

26 

Gasoline  Pump  Manufacturing 

9-18-33 

I 

349 

Amendment,  No.  1 

12-21-33 

IV 

661 

Gas-Powered     Industrial    Truck    Manufacturing 

(see  also  Machinery  and  Allied  Products  Supple- 

ment, No.  33) -■ 

7-21-34 

XIII 

683 

117 

Gear  Manufacturing 

11-14-33 

III 

67 

Amendment,  No.  1 

6-27-34 

XII 

315 

General  Contractors  (see  also  Construction  Sup- 

plement, No.  1) 

2-17-34 

VII 

667 

485 

Ginning,    Cotton  —    Machinery    Manufacturing 
(see  also  Cotton  Ginning  Maehinerj^  Manufac- 

turing)   

7-16-34 

XIII 

145 

460 

Glace   Fruit,    Preserve,    Maraschino   Cherry   and 
(see  also  Preserve,  Maraschino  Cherry  and  Glace 

Fruit) 

6-  8-34 

XI 

241 

36 

Glass  Container 

10-  3-33 
2-  1-34 

I 

VI 

457 

Amendment,  No.  1 

587 

Glass  House  Refractories  Division.     (*See  Refrac- 

tories.) 

Glasine  Bag  Division.     (See  Paper  Bag  Manufac- 

turing.) 

215 

Glassware,   American    (see   also  American   Glass- 

ware)   

1-16-34 
2-  1-34 

V 
VI 

257 

248 

Glazed  and  Fancy  Paper 

41 

Glazers,  Cotton  Yarn  —  Division.     {See  Textile 

Processing  Amendment,  No.  3.) 

Globes,  Lamp  Chimneys  and  Lantern  —  Division. 

(See  American  Glassware.) 

187 

Glove,  Cotton  Cloth  —  Manufacturing  (see  also 

Cotton  Cloth  Glove  Manufacturing) 

12-30-33 

IV 

525 

87 

Glove,  Leather  and  Woolen  Knit  (see  also  Leather 

and  Woolen  Knit  Glove) 

11-  4-33 
8-23-34 

II 

XV 

367 

504 

Glue,  Animal  (see  also  Animal  Glue) 

101 

83 

Glycerine,  Soap  and  —  Manufacturing  (see  also 

Soap  and  Glycerine  Manufacturing) 

11-  2-33 

II 

317 

Golf.      {See  Athletic  Goods  Manufacturing.) 

254 

Goods,  Athletic  —  Manufacturing  (see  also  Ath- 

letic Goods  Manufactvu'ing) 

2-  2-34 

VI 

107 

42 

Goods,  Luggage  and  Fancy  Leather  (aee  also  Lug- 

gage and  Fancy  Leather  Goods) 

10-  3-33 

I 

519 

Goods,    Mechanical    Rul^ber   —    Division.     {See 

Rubber  Manufacturing.) 

Goods,  Wash  —  Division.      (»Sec  Cotton  Textile 

Supplement,  No.  1.) 

Governmental  Agencies  Quotations  to: 

Bitiuiiinous  Coal,  Coal  Dock,  Wholesale  Coal, 

Retail  Solid  Fuel,  Staying  application  of 

Order  relevant  to  bids  rendered  to 

6-27-34 

XII 

665 

Business  Furniture,  Storage  Equipment  and 

Filing  Supply,  Exemption  relevant  to 

7-11-34 

XIII 

742 

Business  Furniture,  Storage  Equipment  and 

Filing  Supply,  Stay  of  Code  Provisions  rel- 

evant to 

7-20-34 

XIII 

766 

Exemption  for  —  from  Codes  of  Fair  Compe- 

tition                _    -            _    

6-12-34 

XII 

625 

Retail  Rubber  Tire  and  Battery  Trade,  Stay 

of  order  pertaining  to  —  for 

6-28-34 

XII 

676 

Government    contracts   and    contracts   involving 

the  use  of  Government  Funds   (see  also  Con- 

tracts, Government  —  and  contracts  involving 

the  use  of  Govenunent  Funds) 

3-14-34 

VIII 

S59 

779 


Code 
No. 


438 


449 
375 


287 


Industry 


Grain,  Abrasive  (see  also  Abrasive  Grain) 

Granite,  Building  (see  also  Construction  Supple- 
ment, No.  18) 

Granite,  Wholesale  Monumental  (see  also  Whole- 
sale Monumental  Granite) 

Granule,  Roofing  —  Manufacturing  and  Distribut- 
ing  (.see  also  Roofing  Granule   Manufacturing 

and  Distributing) 

Graphic  Arts 

Advertising  Newspaper  Appendix 

Advertising  Topography  Appendix 

Bank  and  Commercial  Stationery  Appendix.. 

Book  Manufacturing  Appendix 

Church  Envelope  System  Appendix 

Commercial  Relief  Printing  Appendix 

Cover  Manufacturing  Appendix 

Daily    Newspaper    Publishing   and    Printing 

Appendix 

Decalcomania  and  Transparency  Appendix. _. 

Drj-  Transfer  Manufacturing  Appendix 

Gravure  Printing  Appendix 

Greeting  Cards  Appendix 

Labels  Appendix 

Law  Printers  Appendix 

Library  Binding  Appendix 

Lithographic  Printing  Appendix 

Map  Publishers  Appendix 

Music  Printing  Appendix 

Non-Metropolitan  Newspaper  Publishing  and 

Printing  Appendix 

Periodical  Publishing  and  Printing  Appendix. 

Photo-Lithographing  Appendix 

Picture    Publishing    and    Picture    Importers 

Appendix 

Playing  Cards  Appendix 

Posters  Appendix 

Securities  Engraving  and  Printing  Appendix. 
Standardized  Stationery  and  Business  Forms 

Appendix 

Steel  and  Copperplate  Engraving  and  Print- 
ing Appendix i 

Textile  and  Hosiery  Packing  Manufacturers 

Appendix 

Ticket  and  Coupon  Appendix 

Trade  Binding  and  Paper  Ruling  Appendix.  _ 
Trade  Lithographic  Plate  Making  Appendix.. 

Trade  Mounting  and  Finishing  Appendix 

Trade  Typesetting  Appendix 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Amendment,  No.  5 

Amendment,  No.  6 

Amendment,  No.  7 

Amendment,  No.  8 

Stay  of  effective  date  for  certain  divisions 

Stay,  Temporary  ■ —  of  parts  of  Article  II  for 

certain  Division 

Steel  and  Copper  Plate  Engraving  and  Print- 
ing, Stay  of  minimum  wage  provisions  for 
the 


Date 

5-21-34 
8-20-34 
5-31-34 


3-31-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 

2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 

2-17-34 
2-17-34 
2-17-34 

2-17-34 
2-17-34 
2-17-34 
2-17-34 

2-17-34 

2-17-34 

2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-17-34 
2-24-34 

5-  3-34 

6-  8-34 

6-  9-34 
6-23-34 

7-  3-34 
8-10-34 
8-16-34 
2-26-34 

5-  3-34 


B-11-34 


Volume 

X 
XV 
XI 


IX 
VII 
VII 
VII 
VII 
VII 
VII 
VII 
VII 

VII 
VII 
VII 
VII 
VII 
VII 
VII 
VII 
VII 
VII 
VII 

VII 
VII 
VII 

VII 
VII 
VII 
VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 

X 

XI 

XI 

XII 

XII 

XV 

XV 

IX 

IX 


XV 


780 


Code 
No. 

Industry 

Date 

Volume 

Page 

Graphic  Arts— Continued. 

Wage  and  Hour  Provisions,  Requiring  post- 
ing of  the  —  by  the  Advertising  Specialty' 
Manufacturing  Industry 

Wages,    Extending  stay   of  code  provisions 
covering                _      _  _      _ 

6-26-34 
6-21-34 

7-11-34 

11-10-33 

2-10-34 
6-21-34 

8-17-34 

6-22-34 

5-11-34 
12-21-33 

12-30-33 

1-  4-34 
1-30-34 
2-17-34 
2-17-34 
5-  7-34 

3-17-34 

10-31-33 

5-23-34 

7-22-34 

2-  2-34 

12-15-33 
5-14-34 

8-  1-34 
3-14-34 

1-30-34 

XII 
XII 

XIII 

II 

VI 
XII 

XV 

XII 

X 

IV 

IV 

V 

V 

VII 

VII 

X 

VIII 

II 

X 

XIII 

VI 

IV 

X 

XIV 
VIII 

V 

664 
653 

Grating,  Open  Steel  Flooring  (  —  )  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  41)             _ 

559 

109 

Gravel,  Crushed  Stone,  Sand  and  — ,  and  Slag 
(see  also  Crushed  Stone,  Sand  and  Gravel,  and 
Slag) 

641 

277 

Gravure  Printing.     {See  Graphic  Arts.) 
Gray  Iron  Foundry 

419 

Amendment,  No.  1 . 

?59 

Co.st  and  Estimating  System,   Approval  of 
Uniform _ 

1672 
659 

Expenses  of  Code  Administration,   Exemp- 
tion from  Order  providing  method  of  meet- 
ine 

424 
170 

Greeting  Cards.      {See  Graphic  Arts.) 

Grinding,  Spice  (see  also  Spice  Grinding) 

Grinding  Wheel        _                                                 _    _ 

99 

?S7 

182 

Grocery  Bag  Division.     (See  Paper  Bag  Manufac- 
turing.) 

Grocery,  Retail  Food  and  —  Trade  (see  also  Re- 
tail Food  and  Grocery  Trade) 

457 

196 

Grocery,  Wholesale  Food  and  ■ —  Trade  (see  also 
Wholesale  Food  and  Grocerv  Trade)        _    _ 

1 

241 

Gum,  Chewing  (see  also  Chewing  Gum) 

613 

294 

Gummed  Label  and  Embossed  Seal   _  _ 

151 

293 

Gumming     .        _      -_    

139 

420 

Gvpsum 

39 

Hack  Saw  Blade  Manufacturing  (see  also  Fabri- 
cated    Metal     Products     Manufacturing    and 
Metal  Finishing  and  Metal  Coating  Supplement. 
No.  8)        -   

779 

73 

Hair  and  Jute  Felt           _   _                    -_        

199 

Amendment,  No.  1_                    -- 

587 

Amendment,  No.  2           __ 

477 

253 
157 

Hair,  Animal  Soft  (see  also  Animal  Soft  Hair) 

Hair   Clipper   Manufacturing  Subdivision,     (^^ee 

Machinery  and  Allied  Products). 
Hair  Cloth  Manufacturing                            _      

97 
119 

427 

Hair,    Curled   —    Manufacturing    Industry    and 
Horse  Hair  Dressing  (see  also  Curled  Hair  Man- 
ufacturing Industry  and  Horse  Hair  Dressing)  _ . 

Haired,  Dog  and  Long  —  Fur  Dyers  Division. 
(See  Fur  Dressing  and  Fur  Dyeing.) 

Hammers   Division.     (*See  Tool  and   Implement 
Manufacturing  Industry  Supplement.) 

Hand  Bag  Frame  Manufacturing  (see  also  Fabri- 
cated    Metal     Products     Manufacturing    and 
Metal   Finishing  and    Metal   Coating   Supple- 
ment  No   45) 

139 
463 

332 

Handbag,  Ladies'  (see  also  Ladies'  Handbag) 

Handball.     (»See  Athletic  Goods  Manufacturing.) 
Hand  Chain  Hoist  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
2) 

27 
727 

781 


Industry 


Handicapped  Workers,  Prescribing  Rules  and 
Regulations  for  the  Interpretation  and  Applica- 
tion of  Certain  Labor  Provisions  of  Codes  of 
Fair  Competition  as  they  may  affect 

Handkerchief 

Hand  Made  Bag,  Wholly  or  Semi  —  Division. 
(.See  Paper  Bag  Manufacturing.) 

Harbor,  River  and  —  Improvement  (see  also 
River  and  Harbor  Improvement) 

Hard  Rubber  Division.  (See  Rubber  Manufac- 
turing.) 

Hardware  Division.  (*S'ee  Wholesaling  or  Dis- 
tributing Trade.) 

Hardware,  Drapery,  and  Carpet  —  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  22) 

Hardware,  Umbrella  Frame  and  Umbrella —  Man- 
ufacturing (see  also  Umbrella  Frame  and  Um- 
brella Hardware  Manufacturing) 

Hardware,  Wholesale  —  Trade  (see  also  Wholesal- 
ing or  Distributing  Trade  Supplement,  No.  17). 

Hardwood  Distillation 

Amendment,  No.  1 

Amendment,  No.  2 

Hardwood  Division.  (See  Lumber  and  Timber 
Products.) 

Hat,  Cr<.p  and  Cloth  (see  also  Cap  and  Cloth  Hat).. 

Hc.tchet  Division.  (See  Tool  and  Implement 
Manufacturing  Industry  Supplement.) 

Hat  Die,  Metal  —  and  Wood  Hat  Block  (see  also 
Metal  Hat  Die  and  Wood  Hat  Block) 

Hat  Manufacturing 

Felt  Division 

Fur-felt  Division 

Silk  Division 

Straw  Division 

Wool- Felt  Division 

Hats  and  Caps  Division.  (See  Wholesaling  or 
Distributing  Trade.) 

Hatters'  Fur  Cutting 

Health,  Force  of  provisions  subsequent  to  approval 
by  the  Administrator  for  Safety  and  —  Stand- 
ards  

Hearings,  Authorization  of  Administrator  to 
appoint  personnel,  fix  compensations  and  con- 
duct  

Heater,  Automobile  Hot  Water  —  Manufacturing 
(see  also  Automotive  Parts  and  Equipment 
Manufacturing  Supplement,  No.  1) 

Heater,  Unit  — •  and/or  Unit  Ventilator  Manu- 
facturing (see  also  Unit  Heater  and/or  Unit 
Ventilator  Manufacturing) 

Heat  Exchange 

Heating,  Cooking  and  —  Appliance  Mo,nufactur- 
ing  (see  also  Cooking  and  Heating  Appliance 
Manufacturing) 

Heating,  Industrj^  of  Wholesale  Plumbing  Prod- 
ucts, —  Products  and/or  Distributing  Pipe,  and 
Fittings  and  Valves  (see  also  Industry  of  Whole- 
sale Plumbing  Products,  Heating  Products 
and/or  Distributing  Pipe,  and  Fittings  and 
Valves) 


Date 


2-17-34 
10-  9-33 


5-18-34 


5-  9-34 


4-  6-34 

7-30-34 

11-10-33 

3-21-34 

8-20-34 


Volume    Page 


VII 
I 


6- 

5- 

-34 

1- 
2- 
2- 
2- 
2- 
2- 
2- 

23-34 
5-34 
5-34 
5-34 

-  5-34 

-  5-34 

-  5-34 

7- 

-  3- 

-34 

6-15- 

-34 

7- 

-15- 

-33 

6-25- 

-34 

2- 
10- 

-10- 
-11- 

-34 
-33 

1- 

-30- 

-34 

8- 

-25- 

-34 

X 


IX 
XIV 

II 

VIII 

XV 


XI 


V 
VI 
VI 
VI 
VI 
VI 
VI 


XII 

XII 

V 

XII 


VI 

I 


706 
629 


239 


793 


179 

451 
661 
649 

377 


193 


347 
187 
187 
187 
187 
187 
187 


211 
638 
763 
475 


355 
663 


549 


XV   163 


782 


Industry 


Heating,  Piping,  and  Air  Conditioning  Contrac- 
tors' {see  also  Construction  Supplement,  No.  16). 
Heating,   Steam  — ■  Equipment   {see  also  Steam 

Heating  Equipment) 

Heel  and  Sole  Division.  {See  Rubber  Manufac- 
turing.) 

Heel,  Wood  {see  also  Wood  Heel) 

Hemlock,  Northern  — ■  Division.  {See  Lumber 
and  Timber  Products.) 

Hide  and  Leather  Working  Machine 

High    Temperature    Bonding    Mortars    Division. 

{See  Refractories.) 
Hockey. .    {See  Athletic  Goods  Manufacturing.) 
Hog  Ring  and   Ringer   Manufacturing    {see  also 
Fabricated     Metal     Products     Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  32) 

Hoist   Builders    {see  also   Machinery   and   Allied 

Products  Supplement,  No.  20) 

Hoist,  Electric  —  and  Monorail  Manufacturing 
{see  also  Electric  Hoist  and  Monorail  Manufac- 
turing)   

Hoist,  Hand  Chain  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  2) 

Hoisting  Engine  Manufacturing  {see  also  Machin- 
ery and  Allied  Products  Supplement,  No.  19) 

Holfow  Ware  {see  also  Silverware  Manufacturing.) 
Homeworkers,  Application  of  Labor  Provisions  of 

Codes  to 

Horse  Hair,  Curled  Hair  Manufacturing  Industry 
and  —  Dressing  {see  also  Curled  Hair  Manufac- 
turing Industry  and  Horse  Hair  Dressing) 

Horseshoe  and  Allied  Products  Manufacturing 

Hose,  Flexible  Metal  —  and  Tubing  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  33) 

Hosiery 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 . 

Amendment,  No.  4 

Temporary  code  approved 

Changes,    Temporary  —  of    Article    IV    for 

the  — •  Industry 

Hosiery  Packing,  Textile  and  —  Manufacturers. 

{See  Graphic  Arts.) 
Hospitals: 

Disallowing  special  exemptions  for  sales  to  — 
for  Bituminous  Coal,  Wholesale  Coal  and 

Retail  Solid  Fuel  Industries 

Granting  limited  exemption  from  provisions 
of  Codes  of  Fair  Competition  in  connection 

with  sales  to 

Granting  permanent  stay  of  exemption  from 
Codes  of  Fair  Competition  in  connection 

with  sales  to  —  for  certain  Industries 

Sanitary  Napkin  and  Cleansing  Tissue,  Per- 
manent stay  of  certain  provisions  of  the 
code  relevant  to  sales  to 


Date 

7-25-34 
2-12-34 

2-  9-34 

3-  6-34 


5-22-34 
6-12-34 

7-13-34 

1-30-34 
6-12-34 

5-15-34 


5-14-34 
3-  8-34 


5-24-34 
8-26-33 
2-  2-34 
2-  5-34 
6-  7-34 
8-14-34 
7-26-33 

12-14-33 


5-28-34 
1-23-34 
3-  3-34 
5-31-34 


Volume 

XIV 
VI 

VI 

VII 


XI 
XII 

XIII 

V 
XII 

X 


X 

VII 


XI 

I 

VI 

VI 

XI 

XV 

I 

IV 


XI 

V 

VII 

XI 


331 
455 

329 

485 


531 
403 

115 

727 
417 

950 


139 
551 


543 
239 
595 
615 
407 
309 
719 

701 


791 
782 
726 
806 


78: 


Hospitals — Continued. 

Stay  of  order  granting  limited  exemption 
from  provisions  of  Codes  of  Fair  Competi- 
tion in  connection  with  sales  to 


Hotel. 


Amendment,  No.  1 

Exempting  certain  members  from  the  pro- 
visions of  Article  VIII,  Section  1  (g) 

Hardships,      Termination      of      exemptions 

granted  to  avoid  undue 

Hours  exemptions,  Granting  limited 

Stay  for  the  —  Industry 

Stay    of   wage-hours   provisions   for   the   — 

Industry 

Suspension,    Partial  —   of  the   Code   under 

Service  Trades  or  Industries 

Hotelware,  Flatware  and  Hollow  Ware  Division. 

(See  Silverware  Maufacturing.) 
Hot  Top,   Ladle  and  —  Refractories   Division. 

(See  Refractories.) 
Hot  Water  Heater,  Automobile  —  Manufactur- 
ing (see  also  Automotive  Parts  and  Equipment 

Manufacturing  Supplement,  No.  1) 

Hot  Water  Tank,  Non-Ferrous  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  14) 

House,  Glass  —  Refractories  Division.     (See  Re- 
fractories.) 
Household  Brush  Manufacturers'  Division.     (See 
Brush  Manufacturing.) 

Household  Goods  Storage  and  Moving  Trade 

National  Industrial  Relations  Board,  Recog- 
nition of  temporary  members  and  authori- 
zation of  the 

Register  and  pul^lish  open  prices.  Extending 

time  to 

Registration,  Extending  time  for 

Registration  of  Members,  Extending  time  for. 

Household  Ice  Refrigerator 

Household,  Transparent  —  Rolls  Division.     (See 

Transparent  Materials  Converters.) 
Hydraulic    Machinery    (see  also    Machinery   and 

Allied  Products  Supplement,  No.  41) 

Ice 


Amendment,  No.  1 

Minimum  prices,  Declaration  of  an  emergency 

and  establishment  of 

Production    Control,    Continuing   code   pro- 
vision relevant  to 

Ice  Cream  Can,  Milk  and  —  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  30) 

Ice  Cream  Cone.- 

Ice-Cream,    Counter   Type  —   Freezer  (see  also 

Counter  Type  Ice-Cream  Freezer) 

Ice,  Household  —  Refrigerator  (see  also  House- 
hold Ice  Refrigerator) 

Illuminating  Glassware  Division.  (See  American 
Glassware.) 


Date 


2-  2-34 

11-17-33 

2-26-34 

4-24-34 

4-  4-34 

4r-  4-34 

12-29-33 

12-  2-33 

6-28-34 


6-25-34 


4-  4-34 


4-19-34 


8-13-34 

7-31-34 

6-30-34 

6-21-34 

12-30-33 


8-  2-34 

10-  3-33 

4-24-34 

8-  8-34 

8-21-34 


5-17-34 
6-  4r-34 

5-  5-34 

12-30-33 


Volume 


VI 
III 
VII 

IX 

IX 
IX 
IV 

IV 

XII 


Page 


659 
175 
641 

930 

894 
892 
708 

694 

679 


XII 


IX 


IX 


XV 

XIV 

XII 

XII 

IV 


XIV 

I 

X 
XV 
XV 


XI 
XI 

X 

IV 


475 


775 


349 


663 

585 
686 
654 
473 


535 

529 
439 

649 

680 


481 
177 

13 

473 


784 


Industry 


Implement,  Cutlery,  Ma,nicure  —  and  Painters, 
and  Paperhangers,  Tool  Manufacturing  and 
Assembling  (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  10) 

Implement,  Tool  and  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No  .7) 

Imported  Date  Packing 

Code  Administration,  Termination  relevant 
to  Collection  of  expenses  of 

Imported  Green  Olive 

Importers,  Picture  Publishing  and  Picture.  (See 
Graphic  Arts.) 

Importing,  Alcoholic  Beverage  (Labor  Provision) 
(see  also  Alcoholic  Beverage  Im.porting) 

Importing  Division.      (See  Mica.) 

Importing  Trade 

Inorganic  Nitrogen  Importers,  Granting  ex- 
emption from  Trade  Practice  Provisions  to 
Potash  and  Potash  Salts  Importers,  Granting 
exemption  from  Trade  Practice  Provisions 
to 

Impregnated,  Leather  Cloth  and  Lacquered  Fab- 
rics, Window  Shade  Cloth  and  —  Fabrics  In- 
dustries (see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 
Fabrics  Industries) 

Industrial  Alcohol  (see  also  Chemical  Manufactur- 
ing Supplement,  No.  3) 

Industrial  Emergency  Committee,  Creation  of 

Industrial  Furnace  Manufacturing 

Amendm.ent,  No.  1 

Industrial  Glassware,  Technical  and  —  Division. 
(See  American  Glassware.) 

Industrial  Oil  Burning  Equipment  Manufacturing 

Industrial,  Railway  and  —  Spring  (sec  also  Machin- 
ery and  Allied  Products  Supplement,  No.  2) 

Industrial  Relations  Committees  for  industries 
operating  under  approved  codes 

Industrial  Relation.s  Committee,  Membership  and 
expenses  in  Shipbuilding  and  Shiprepairing 

Industrial  Safety  Equipment  Industry  and  Indus- 
trial Safety  Equipment  Trade 

Industrial  Sand  Division,  Administrative  approval 
of  —  of  the  Crushed  Stone,  Sand  and  Gravel, 
and  Slag  Industries 

Industrial  Subdivision,  Metallic  Wall  Structure 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  1) 

Industrial  Supplies  and  Machinery  Distributors 
Trade 

Industrial  Truck,  Gas-Powered  —  Manufacturing 
(see  also  Machinery  and  Allied  Products  Sup- 
plement, No.  33) 

Industry  Engaged  in  the  Smelting  and  Refining 
of  Secondary  Metals  into  Brass  and  Bronze 
Alloys  in  Ingot  Form 

Industry  of  Collective  Manufacturing  for  Door- 
To-Door  Distribution 


Date 


-2&-34 


3-15-34 
7-22-34 

7-31-34 
7-24-34 


7-17-34 
7-20-34 
7-30-34 

7-30-34 

5-  3-34 

8-21-34 
6-30-34 
3-23-34 
8-13-34 

7-30-34 
4-23-34 
3-30-34 
8-15-34 
3-  1-34 

12-27-33 

1-10-34 
10-23-33 

7-21-34 

12-21-33 
8-  3-34 


Volume 


VIII 


VIII 
XIII 

XIV 
XIV 


XIII 
XIII 
XIV 

XIV 

IX 

XV 

XII 

VIII 

XV 

XIV 

X 

IX 

XV 

VII 

IV 
V 

II 

XIII 

IV 
XIV 


Page 


823 


747 
217 

587 
1 


483 
173 
581 

582 

607 

557 
621 
387 
277 

31 
629 
890 
667 
421 

707 

703 
47 

683 

325 
93 


785 


Industry 


Industry  of  Wholesale  Plumbing  Products,  Heat- 
ing Products  and/or  Distributing  Pipe,  Fittings 
and  Valves 

Infants '  and  Children 's  Wear , 

Information,  providing  for  submission  of  Statis- 
tics by  Pei'sons  subject  to  Codes  of  Fair  Com- 
petition   

Ink,  Printing  —  Manufacturing  (.see  also  Printing 
Ink  Manufacturing) 

Inland  Water  Carrier  Trade  in  the  Eastern  Divi- 
sion of  the  United  States  Operating  Via  the 

New  York  Canal  System 

Amendment,  No.  1 

Reports  and  schedules.  Temporary  stay  for 
the  submission  of 

Insect,  All-Metal  —  Screen  {see  also  All-Metal 
Insect  Screen) 

Insecticide,  Agricultural  —  and  Fungicide  (see 
also  Chemical  Manufacturing  Supplement,  No. 


1). 


Insecticide  and  Disinfectant  Manufacturing 

Sales,  Stay  of  provisions  relevant  to  Inter- 
Industry  

Insignia,  Providing  for  the  design  and  use  of  — , 
specifying  pledge  to  be  signed,  and  appointing 
National  Committee  for  Sheltered  Workshops-. 

Insignia,  Territorial  exemptions  and  agreements 
and  issuance  of  N.R.A. —  under  Codes  of  Fair 
Competition 

Installation,  Advertising  Display  (see  also  Adver- 
tising Display  Installation 

Instrument,  Band  —  Manufacturing  (see  also 
Band  Instrument,  Manufacturing) 

Insulation  Board 

Insulation  Contractors  (see  also  Construction  Sup- 
plement, No.  12) 

Insulation,  Cork  —  Manufacturers  Division. 
{See  Cork.) 

Insulation,  Flexible  (see  also  Flexible  Insulation)  _ . 

Insulator,  Wooden  - —  Pin  and  Bracket  Manufac- 
turing (see  also  Wooden  Insulator  Pin  and 
Bracket  Manufacturing) 

Interlinings  Division.  {See  Cotton  Textile  Sup- 
plement, No.  1.) 

Interpretation,  Prescribing  Rules  and  Regulations 
for  the  — ■  and  Application  of  certain  Labor 
Provisions  of  Codes  of  Fair  Competition  as 
they  may  affect  Handicapped  Workers 

Investment  Bankers 

Amendment,  No.  1 

Amendment,  No.  2 

Waiver  of  rules,  Delegating  authority  of  Ad- 
ministrator to  Division  Administrator  for_ 

Iron  and  Steel 

Amendment,  No.  1 

Iron,  Cast  —  Boiler  and  Cast  Iron  Radiator  (see 
also  Cast  Iron  Boiler  and  Cast  Iron  Radiator)- 

Iron,  Cast  —  Pressure  Pipe  (see  also  Cast  Iron 
Pressure  Pipe) 

Iron,  Cast  ■ —  Soil  Pipe  (see  also  Cast  Iron  Soil 
Pipe) 


8-25-34 
3-27-34 


12-  7-33 
3-16-34 

2-  6-34 
7-27-34 

4-28-34 

11-14-33 


5-  1-34 
4-  6-34 

7-30-34 


5-11-34 

7-  2-34 

1-30-34 

2-10-34 
3-22-34 

6-  7-34 
4-30-34 
3-16-34 


2-17-34 

11-27-33 

2-  1-34 

3-23-34 

6-18-34 
8-19-33 
5-30-34 

2-  3-34 

12-30-33 

9-  7-33 


Volume 


XV 
VIII 


III 

VIII 

VI 
XIV 

IX 

III 


X 
IX 

XIV 


X 

XII 

V 

VI 
VIII 

XI 

IX 

VIII 


VII 

III 

VI 
VIII 

XII 

I 

XI 
VI 
IV 

I 


163 
607 


662 
127 

281 
155 

942 

9 


685 
245 

583 


961 

687 

601 

369 
331 

653 
507 
115 


706 
509 
591 
657 

640 
171 
327 

173 

579 

259 


786 


Industry 


Iron,  Complete  Wire  and  —  Fence  (see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  38) 

Iron,  Enameled  Cast  —  Plumbing  Fixtures  Divi- 
sion.     {See  Plumbing  Fixtures.) 

Iron,  Gray  —  Foundry  (see  aho  Gray  Iron 
Foundry) 

Ironing,  Washing  and  —  Machine  Manufacturing 
(see  also  Washing  and  Ironing  Machine  Manu- 
facturing)   

Iron,  Malleable  (see  also  Malleable  Iron) 

Iron,  Scrap  — ,  Nonferrous  Scrap  Rletals  and 
Waste  Materials  Trade  {see  also  Scrap  Iron, 
Nonferrous  Scrap  Metals,  and  Waste  Materials 
Trade) 

Iron,  Structural  Steel  and  • —  Fabricating  (see  also 
Structural  Steel  and  Iron  Fabricating) 

Ivory,  Vegetable  —  Button  Manufacturing  (see 
also  Vegetable  Ivory  Button  Manufacturing).-. 

Jack  Manufacturing  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  38) 

Jewelers',  Industrial,  —  and  Dental  Brush  Manu- 
facturers' Division.  (*See  Brush  Manufac- 
turing.) 

Jewelry,  Medium  and  Low  Priced  —  Manufac- 
turing (see  also  Medium  and  Low  Priced  Jewelry 
Manufacturing) 

Jewelry,  Men's  Novelty  —  Division.  {See 
Wholesaling  or  Distributing  Trade.) 

Jewelry,  Precious  —  Producing  (see  also  Precious 
Jewelry  Producing) 

Jewelry,  Retail  —  Trade  (see  of  so  Retail  Jewelry 
Trade) 

Jewelry,  Wholesale  —  Trade  (see  also  Wholesaling 
or  Distributing  Trade  Supplement,  No.  22) 

Jobbers,  Button  —  or  Wholesalers'  Trade  (see 
also  Wholesaling  or  Distributing  Trade  Sup- 
plement, No.  15) 

Jobbers,  Cycle —  Division.  {See  Wholesaling  or 
Distributing  Trade.) 

Jobbing  Shop  Division.  {See  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating  Supplement,  No.  13.) 

Job  Galvanizing  Metal  Coating  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating,  Supple- 
ment, No.  28) 

Johnson,  General  Hugh  S.,  Appointment  as  Ad- 
ministrator; Administration;  Executive  Orders; 
National  Industrial  Recovery  Act 

Joist,  Steel  (see  also  Steel  Joist) 

Jordan,  Beater  and  —  and  Allied  Equipment 
(see  also  Machinery  and  Allied  Products  Sup- 
plement, No.  7) 

Journal  Bearings,  Railway  Brass  Car  and  Loco- 
motive —  and  Castings  Manufacturing  (see 
also  Railway  Brass  Car  and  Locomotive  Journal 
Bearings  and  Castings  Manufacturing) 

Jute,  Hair  and  —  Felt  (see  also  Hair  and  Jute 
Felt) 

Kalamein  (see  also  Construction  Supplement,  No. 
13) 


Date 


7-  3-34 


2-10-34 


11-  '1-33 
11-27-33 


3-12-34 
7-11-34 
6-  9-34 
8-  1-34 


12-23-33 

11-27-33 

11-27-33 

8-21-34 

7-26-34 


5-17-34 


6-16-33 
8-  1-34 


5-14-34 

1-29-34 

10-31-33 

6-  9-34 


Volume 


XII 


VI 


I 
III 


VIII 

XIII 

XI 

XIV 


IV 

III 
III 

XV 
XIV 


Page 


545 


419 


461 
393 


1 

47 
263 
509 


355 

365 
517 
569 

369 


XI 


I 
XIV 


V 

II 

XI 


455 


711 
63 


871 

511 
199 
703 


787 


Code 
No. 

Industry 

Date 

Volume 

Page 

Kiln,  Cooler  and  Dryer  Manufacturing  (see  also 

Machinery   and   Allied   Products . Supplement, 

No.  21)-.: 

6-12-34 

XII 

431 

Knife,  Table  and  Trade  —  Section.      (See  Cutlery, 

Manicure  Implement  and  Painters  and  Paper- 

hangers  Tool  Manufacturing;  and  Assembling.) 

263 

Knife,  Machine  —  and  Allied  Steel  Products  Man- 
ufacturine;  (see  also  Machine  Knife  and  Allied 

Steel  Products  Manufacturing) 

2-  6-34 

VI 

243 

Knit,  Cotton  and  Rayon  Tubular  —  Goods  Dyers 

and  Finishers  Division.      (See  Textile  Process- 

ing Amendment,  No.  3.) 

Knit  Elastic  Group,  Exemption  for  machine  and 

employee  hours  in  the.      (See  Underwear  and 

Allied  Products  Manufacturing.) 

87 

Knit,    Leather   and    Woolen   —   Glove    (see   also 

Leather  and  W  oolen  Kjiit  Glove) 

11-  4-33 

II 

367 

Knitted  Woolen  Goods  Division.      (See  Wool  Tex- 

tile Amendment,  No.  1.) 

164 

Knitted  Outerwear 

12-18-33 

IV 

199 

Amendment,  No.  1 

6-  2-34 

XI 

383 

Home  work,  Approving  extension  of  time  for 

fixing  minimum  piecework  rates  for  —  in 

the 

2-  6-34 

VI 

660 

Piecework,    Appointing   committee  to  study 

—  rates  and  the  homework  question 

4-20-34 

IX 

944 

Stay,  Termination  of  —  for  manufacturers  of 

knitted  outerwear  for  infants  and  children  __ 

3-16-34 

VIII 

869 

32 

Knitting,  Braiding,  and  Wire  Covering  Machinery  _ 

10-  3-33 

I 

411 

Amendment,  No.  1 

2-17-34 

VII 

627 

294 

Label,  Gummed  —  and  Embossed  Seal  (see  also 

Gummed  Label  and  Embossed  Seal) 

2-17-34 

VII 

151 

Labeling,  Can  —  and  Can  Casing  Machinery  In- 

dustry and  Trade  (see  also  Packaging  Machin- 

ery Industry  and  Trade  Supplement,  No.  1) 

5-  5-34 

X 

767 

Label,  Rules  and  regulations  concerning  —  bear- 

ing Emblems  or  Insignia  of  the  N.R.A 

1-17-34 

V 

778 

Labels.      (See  Graphic  Arts.) 

Labels,  Use  of  —  under  Codes  of  Fair  Competition 

containing  mandatory  labor  provisions 

5-28-34 

XI 

792 

217 

Laboratory',  Dental  (see  also  Dental  Laboratory).. 

1-22-34 

V 

283 

22 

Laboratory,  Motion  Picture  (see  also  Motion  Pic- 

ture Laboratory) . 

9-  7-34 

I 

299 

Labor  Board,  Abolition  of  the  National 

6-29-34 
12-16-33 

XII 
VI 

617 

Labor  Board,  Continuance  of  the  National  —  Etc. 

648 

Labor  Complaints  and   Disputes,   Procedure  for 

handling 

7-27-34 

XIV 

575 

Labor  Provisions: 

Alcoholic  Beverage  Importing 

7-17-34 
5-22-34 

XIII 
X 

483 

Alcoholic  Beverage  Wholesale 

601 

Apprentice    training.    Application    of   —    of 

Codes  of  Fair  Competition  affecting 

6-27-34 

XII 

613 

Beet  Sugar 

10-27-33 

II 

687 

Brewing 

3-22-34 

VIII 

729 

Codes  of  Fair  Competition,  Regulations  gov- 

erning the  posting  of  —  of 

2-28-34 

VII 

721 

Codes  of  Fair  Competition,  Rules  and  Regu- 

lations governing  the  posting  of  —  of 

2-12-34 

VI 

662 

Distilled  Spirits 

3-21-34 

VIII 

719 

Distilled  Spirits  Rectifying 

5-  3-34 

IX 

739 

Extension  of  time  to  apply  for  official  copies  of. 

4-14-34 

IX 

918 

Code 
No. 


6 

78 
296 
416 

71 


107 
332 


405 

344 

34 

281 


Industry 


Labor  Provisions — Continued. 

Handicapped  Workers,  Prescribing  rules  and 
regulations  for  the  interpretation  and  ap- 
plication of  certain  —  of  Codes  of  Fair 

Competition  as  thej^  may  affect 

Homeworkers,  Application  of  —  of  Codes  to 
Labels,  Use  of  —  under  Codes  of  Fair  Com- 
petition containing  mandatory 

Retail  Food  and  Grocery  Trade 

Wholesale  Food  and  Grocery  Trade 

Wine 

Lace  Division.      {See  Leather  Industry  Amend- 
ment, No.  1.) 
Lace,  Embroidery  and  —  Division.      (See  Whole- 
saling or  Distributing  Trade.) 

Lace  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Lace,  Nottingham  —  Curtain  (see  also  Notting- 
ham Lace  Curtain) 

Lace  Paper,  Fluted  Cup,  Pan  Liner  and  (see  also 

Fluted  Cup,  Pan  Liner  and  Lace  Paper) 

Lacquered,  Leather  Cloth  and  —  Fabrics,  Window 
Shade  Cloth  and  Impregnated  Fabrics  Indus- 
tries (see  also  Leather  Cloth  and  Lacquered 
Fabrics,  Window  Shade  Cloth  and  Impregnated 

Fabrics  Industries) 

Lacquer,  Paint,  Varnish  and  —  Manufacturing 
(see  also  Paint,  Varnish  and  Lacquer  Manufac- 
turing)   

Lacquer,  Wholesale  Paint,  Varnish,  —  Allied  and 
Kindred  Products  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  18) 

La  Crosse.     (See  Athletic  Goods  Manufacturing.) 

Ladder  Manufacturing 

Ladies'  Handbag 

Amendment,  No.  1 

Code  Administration,  Termination  of  exemp- 
tion for  collection  of  expenses  of 

Ladle  and  Hot  Top  Refractories  Division.     (See 

Refractories.) 
Lamp  Chimneys  and  Lantern  Globes   Division. 

(See  American  Glassware.)  • 
Lamp,   Portable  Electric  Lamp  and  Shade   (see 
also  Electrical  Manufacturing  Supplement,  No. 

2) 

Last,  Shoe  (see  also  Shoe  Last) 

Lathing    Contracting,    Plastering    and    (see    also 

Construction  Supplement,  No.  14) 

Lath,    Metal  —   Manufacturing   (see  also  Metal 

Lath  Manufacturing) 

Laundry  and  Dry  Cleaning  Machinery  Manufac- 
turing  

Laundry  Trade 

Amendment,  No.  1 

Amendment,  No.  2 

Suspension,    Partial   —   of   the    code    under 

Service  Trades  or  Industries 

Lawn  Mower,  Power  and  Gang  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
12) 


Date 

Volume 

2-17-34 
5-15-34 

VII 
X 

5-28-34 
11-15-33 
11-15-33 

8-18-34 

XI 

III 
III 

XV 

8-14-33 

12-23-33 

6-29-34 

I 

IV 
XII 

11-  1-33 

II 

2-17-34 

VII 

5-  3-34 

IX 

10-31-33 

II 

8-  4-34 

XIV 

11-  8-33 
3-14-34 
7-  3-34 

II 

VIII 
XII 

7-27-34 

XIV 

6-27-34 
4-23-34 

XII 
IX 

6-27-34 

XII 

3-17-34 

VIII 

10^  3-33 
2-16-34 
5-17-34 
6-13-34 

I 

VI 
X 

XII 

6-13-34 

XII 

3-26-34 

VIII 

Page 


706 
950 

792 
633 
645 
459 


59 
665 
341 

253 

175 


607 


169 


547 

619 

27 

379 

576 


501 
451 

487 

195 

437 
487 
557 
223 

631 


837 


789 


Code 
No. 

Industry 

Date 

Volume 

Page 

Law  Printers.     (See  Graphic  Arts.) 

442 

Lead 

5-24-34 
5-24-34 
5-24-34 

X 
X 
X 

355 

Lead  Mining  Division 

355 

Lead  Pigments  Division 

355 

Lead  Smelting  and  Refining  Division 

5-24-34 

X 

355 

Metallic  Foil  Products  Division__  __      

5-24-34 

X 

355 

Metallic  Lead  Products  Division 

5-24-34 

X 

355 

Lead  Pigments  Division,  Exemption  from  the 

Trade  and  Marketing  provisions  for  the 

6-27-34 

XII 

666 

291 

Lead  Pencil,  Wood  Cased  - —  Manufacturing  (see 

also  Wood  Cased  Lead  Pencil  Manufacturing)  __ 

2-17-34 

VII 

109 

Leaf  Spring  Manufacturing  (see  also  Automotive 

Parts  and  Equipment  Manufacturing  Supple- 

ment, No.  3) 

7-18-34 

XIII 

631 

Leather  and  Shoe  Findings  Trade  (see  also  Whole- 

saling    or     Distributing     Trade     Supplement, 

No.  9)             -     -       _   _     __ 

5-17-34 
11-  4-33 

XI 

II 

493 

87 

Leather  and  Woolen  Knit  Glove 

367 

Temporary  hours  modification  for  the  — ■ 

Industry 

12-  6-33 

IV 

695 

">) 

Leather  Industry 

9-  7-33 

I 

287 

Amendment,  No.  1 

2-16-34 

VI 

631 

American  Leather  Belting  Division 

2-16-34 

VI 

631 

Aprons  Division 

2-16-34 

VI 

631 

Canvas  Lug  Straps  Division  __ 

2-16-34 

VI 

631 

Loom  Picker  Division 

2-18-34 
2-16-34 
2-16-34 

VI 
VI 
VI 

631 

Lace  Division 

631 

Strapping  Division 

631 

416 

Leather  Cloth  and  Lacquered  Fabrics,  Window 
SWiae  Cloth  and  Impregnated  Fabrics  Indus- 

tries 

5-  3-34 

IX 

607 

42 

Leather,  Luggage  and  Fancy  —  Goods  (see  also 

Luggage  and  Fancv  Leather  Goods) 

10-  3-33 

I 

519 

Leather,  Sheep  Lined  and  —  Garment  Division. 

(See  Cotton  Garment,  Amendment,  No.  5.) 

184 

Leather,  Shoe  and  —  Finish,  Polish,  and  Cement 
Manufacturing    (see    also    Shoe    and    Leather 

Finish,  Polish,  and  Cement  Manufacturing) 

12-30-33 

IV 

485 

320 

Leather  Working,  Hide  and  —  Machine  (see  also 

Hide  and  Leather  Working  Machine) 

3-  6-34 

VII 

4S5 

8 

Legitimate   FuU-Length   Dramatic   and    Musical 

Theatrical 

8-16-33 

I 

SI 

Letters.      (See  Athletic  Goods  Manufacturing.) 

Library  Binding.      (See  Graphic  Arts.) 

453 

Licorice 

6-  2-34 

XI 

13V 

Lift  Truck  and  Portable  Elevator  Manufacturing 

(see  also  Fabricated  Metal  Products  Manufac- 

turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  36) 

6-23-34 

XII 

461 

226 

Light  Sewing  Industry  Except  Garments 

1-23-34 

V 

403 

Comfortable  Division 

1-23-34 
1-23-34 

V 

V 

413 

Covered  Carpet  Padding  Division 

422 

Fabric  Auto  Equipment  Division 

1-23-34 

V 

421 

Mattress  Cover  Division 

1-23-34 
1-23-34 
1-23-34 

V 
V 
V 

415 

Motor  Robe  Division 

419 

Quilting  Di'/ii^ion 

419 

Table  Pad  Division      _    _    _ 

1-23-34 
5-  1-34 

V 
X 

417 

Am.endment,  No.  1 

509 

Amendment,  No.  2 

5-22-34 
6-29-34 

X 
XII 

583 

Amendment,  No .  3 

345 

Amendment,  No.  4 

7-17-34 

XIII 

357 

Amendment,  No.  5 

8-  8-34 

XV 

197 

79U 


Code 
No. 

Industry 

Date 

Volume 

Page 

Lighting  Eqiiipmcnt,  Artistic  —  Manufacturing 

(see  also  Fabricated  Metal  Products  Manufac- 

turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  37) 

6-28-34 

XII 

509 

394 

Lightning  Rod  Manufacturing 

4-19-34 

IX 

283 

31 

Lime 

10-  3-33 
2-10-34 

I 

VI 

397 

Amendment,  No.  1  (Dolomite  Divieion) 

623 

365 

Lime,  Sand  —  Brick  (see  also  Sand-Lime  Brick) 

3-26-34 

VIII 

497 

419 

Lime,  Soft  —  Rock  (see  also  Soft  Lime  Rock) 

5-  7-34 

X 

27 

113 

Limestone 

11-14-33 

III 

21 

Amendment,  No.  1 

5-14-34 

X 

551 

Amendment,  No.  2 

7-27-34 

XIV 

161 

Limitation.      (See  Cotton  Textile.) 

Linens,    Domestic    Decorative  —  Branch.      (See 

Novelty   Curtains,   Draperies.,  Bedspreads  and 

Novelty  Pillows  Amendment,  No.  2.) 

296 

Liner,  Fluted  Cup,  Pan  —  and  Lace  Paper  (see 

also  Fluted  Cup,  Pan  Liner  and  Lace  Paper) 

2-17-34 

VII 

175 

Lining,  Brake  —  and  Related  Friction  Products 

Division.      (See  Asbestos.) 

Textile  Supplement,  No.  1.) 

Linings,  All-Cotton  Clothing  —  Division.      (See 

Cotton  Textile  Supplement,  No.  1.) 

30 

Linoleum  and  Felt  Base  Manufacturers 

9-18-33 

I 

389 

104 

Liquefied  Gas 

11-  8-33 

II 

587 

252 

Liquid,  Cylindrical —  Tight  Paper  Container    (see 

also  Cylindrical  Liquid  Tight  Paper  Container) . 

2-  1-34 

VI 

83 

Lithographic    Plate,    Trade    —    Making.       (*See 

Graphic  Arts.) 

i 

l»^ 

Lithographic  Printing.      (See  Graphic  Arts.) 

169 

Loan,  Savings,  Building  and  — ■  Associations  (see 

also  Savings,  Building  and  Loan  Associations)  _  _ 

12-21-33 

IV 

279 

Lobster,  Wholesale  (see  also  Fishery  Supplement 

No.  2) 

4-13-34 

IX 

823 

Local  codes  for  uncodified  Service  Trades  or  In- 

dustries   

6-28-34 

XII 

615 

Locker,  Steel  —  Division.     {See  Business  Furni- 

ture, Storage  Equipment  and  Filing  Supply.) 

Locomotive  Appliance   (see  also   Machinery  and 

Allied  Products  Supplement,  No.  12) 

6-  5-34 

XI 

645 

Locomotive  Appliance  Division.      (*See  Machinery 

and  Allied  Products  Amendment,  No.  3.) 

Locomotive  Arch  Refractories  Division.     (See  Re- 

fractories.) 

Locomotive  Manufacturing   (see  also   Machinery 

and  Allied  Products  Supplement,  No.  3) 

4-30-34 

X 

677 

233 

Locomotive,  Railway  Brass  Car  and  —  Journal 
Bearings  and  Castings  Manufacturing  (see  also 
Railway   Brass   Car  and   Locomotive   Journal 

Bearings  and  Castings  Manufacturing) 

1-29-34 

V 

511 

Locomotive,    Small  —    Manufacturing    (see   also 

Machinery  and   Allied   Products   Supplement, 

No.  4) 

5-  5-34 

X 

759 

Logging,   West  Coast  —  and  Lumber  Division. 

(See  Lumber  and  Timber  Products.) 

Loom   Picker   Division.      (^See   Leather   Industry 

Amendment,  No.  1.) 

412 

Loose  Leaf  and  Blank  Book 

5-  1-34 
5-  1-34 
5-  1-34 

IX 
IX 
IX 

551 

Direct  Manufacturers  Division 

563 

Trade  Manufacturing  Division 

560 

791 


Code 

No. 


175 


42 
9 


Industry 


Low,  Medium  and  —  Priced  Jewelry  Manufac- 
turing {see  also  Medium  and  Low  Priced  Jewelry 

Manufacturing) 

Lubricator,  Mechanical  (see  also  Machinery  and 

Allied  Products  Supplement,  No.  10) 

Lubricator,     Mechanical    —    Subdivision.       (See 

Machinery  and  Allied  Products.) 
Lug,  Canvas  - — •  Straps  Division.     (See  Leather 
Industry  Amendment,  No.  1.) 

Luggage  and  Fancy  Leather  Goods 

Amendment,  No.  1 

Amendment,  No.  2 

Lumber  and  Timber  Products 

Cypress  Division 

Hardwood  Dimension  Division 

Hardwood  Division 

Maple,  Beech,  and  Birch  Flooring  Division  _. 

Northeastern  Softwood  Division 

Northern  Hemlock  Division 

Northern  Pine  Division 

Oak  Flooring  Division 

Red  Cedar  Shingle  Division 

Redwood  Division 

Southern  Pine  Division 

Veneer  Division 

West  Coast  Logging  and  Lumber  Division  — 

Western  Pine  Division 

Wooden  Package  Division 

Woodwork  Division 

Amendments,  No.  1  and  2 ■ 

Amendments,  No.  3  and  4 

Amendment,  No.  5 1 

Amendment,  No.  6 

Railroad  Cross  Tie  Division 

Amendment,  No.  7 

Amendment,  No.  8 

Amendment,  No.  9 

Specialty  Wood  Flooring  Division..^ 

Amendment,  No.  10 

Amendment,  No.  11 

Amendment,  No.  12 

Pole  and  Piling  Division 

Amendment,  No.  13 

Amendment,  No.  14 

Crossarm  Division 

Amendment,  No.  15 

Amendment,  No.  16 

Amendment,  No.  17 

Amendment,  No.  18 

Wooden  Pail  and  Tub  Subdivision 

Amendment,  No.  19 

Exemption,  Denial  of  application  for   - — •   by 

Greensboro  Lumber  Company 

Pole  and  Piling  Division,  Extension  of  time 
to     elect     members     to      Administrative 

Agency 

Pole  and  Piling  Division,  Stay  applicable  to 
the  selection  of  the  Administrative  Agencj^ 

of  the  Cypress  Subdivision 

Prices,    Granting    Limited    exemption    from 
Rules  and  Regulations  for  application  of 


minimum. 


Date 

Volume 

12-28-33 

IV 

6-  4-34 

XI 

10-  3-33 

3-10-34 

VII 

6-29-34 

XII 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

8-19-33 

10-  9-33 

12-  7-33 

IV 

3-23-34 

VIII 

3-30-34 

IX 

3-30-34 

IX 

4-  6-34 

IX 

4-13-34 

IX 

4-27-34 

X 

4-27-34 

X 

5-  3-34 

X 

6-  5-34 

XI 

6-11-34 

XI 

6-11-34 

XI 

6-19-34 

XII 

6-22-34 

XII 

6-22-34 

XII 

7-16-34 

XIII 

7-27-34 

XIV 

7-27-34 

XIV 

7-27-34 

XIV 

7-27-34 

XIV 

8-  2-34 

XIV 

10-20-33 

II 

7-18-34 

XIII 

8-  1-34 

XIV 

8-10-34 

XV 

355 
619 


519 

661 

351 

95 

38 

48 

38 

48 

42 

41 

41 

47 

47 

41 

42 

47 

42 

43 

45 

43 

705 

633 

693 

657 

657 

697 

711 

475 

475 

519 

393 

431 

431 

249 

269 

269 

323 

165 

171 

175 

175 

271 

696 


760 
592 
656 


792 


Code 
No. 


33 


300 
234 


327 

228 

320 

263 

32 

144 
256 


402 
122 

139 

103 
93 


Industry 


Lumber  and  Timber  Products — Continued. 

Railroad  Cross  Tie  Division,  Extending  time 
to  elect  member  of  Administrative  Agencies 
in  the 

Railway  Cross  Tie  Division,  Extension  of 
time  to  make  reports 

Lumber  Products,  Retail  Lumber,  — ,  Building 
Materials  and  Building  Specialties  (see  also  Re- 
tail Lumber,  Lumber  Products,  Building  Ma- 
terials and  Building  Specialties) 


Lye_ 

Macaroni 

Amendment,  No.  1 

Prices,  Further  stay  of  provisions  applicable 
to  open 

Stay,  Modifying  —  Section  6,  Article  VI  for 
the  —  Industry 

Machine-Applied  Staple  and  Stapling  Machine 

Amendment,  No.  1 

Machine,  Coin  Operated  —  Manufacturing  (see 
also  Coin  Operated  Machine  Manufacturing) 

Machine,  Envelope  — •  Manufacturing  (.see  also 
Machinery  and  Allied  Products  Supplement, 
No.  31) 

Machine,  Hide  and  Leather  Working  (see  also 
Hide  and  Leather  Working  Machine) 

Machine  Knife  and  Allied  Steel  Products  Manu- 
facturing   ^ 

Machine,  Knitting,  Braiding  and  Wire  Covering 
(see  also  Knitting,  Braiding  and  Wire  Covering 
Machine) . 

Machine,  Paper  Making  —  Builders  (see  also 
Paper  Making  Machine  Builders) 

Machine,  SchifHi,  the  Hand  —  Embroidery,  and 
the  Embroidery  Thread  and  Scallop  Cutting 
(see  also  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  Thread  and  Scallop  Cut- 
ting)   - 

Machine  Screw  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
23). 


Machine  Screw  Nut  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  20) 

Machine,  Screw  —  Products  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  18) 

Machine,  Sewing  (see  also  Sewing  Machine) 

Machine  Shop,  Special  Tool,  Die  and  (see  also 
Special  Tool,  Die  and  Machine  Shop) 

Machine  Tool  and  Equipment  Distributing  Trade. 
Amendment,  No.  1 

Machine  Tool  and  Forging  Machinery 

Machine,  Washing  and  Ironing  —  Manufactur- 
ing (see  also  Washing  and  Ironing  Machine 
Manufacturing) 

Machine,  Washing  —  Parts  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  29) 


5-  1-34 
7-18-34 


10-  3-33 
2-19-34 
1-29-34 
7-17-34 

4-19-34 

2-17-34 
3-10-34 
6-19-34 

1-23-34 


7-20-34 

XIII 

3-  6-34 

VII 

2-  6-34 

VI 

10-  3-33 

I 

12-  7-33 

III 

2-  2-34 


5-10  34 


5-  5-34 


4-28-34 
4-21-34 

11-17-33 

11-27-33 

7-31-34 

11-  8-33 


11-  4-33 


5-17-34        XI 


Volume 


IX 
XIII 


I 

VII 

V 

XIII 

IX 

VII 
VII 
XII 

V 


VI 


X 


X 


X 
IX 

III 
III 

XIV 

II 


II 


793 


Industry 


Volume 


Page 


Machined  Waste  Manufacturing 

Amendment,  No.  1 

Machinery  and  Allied  Products 

Air  Filter  Subdivision 

Bakery  Equipment  Manufacturing  Subdivi- 
sion  

Beater  and  Jordan  and   Allied   Equipment 

Subdivision 

Caster  and  Floor  Truck  Manufacturing  Sub- 
division   

Cereal  Machinery  Subdivision 

Concrete  Mixer  Subdivision 

Contractors'  Pump  Subdivision 

Conveyor  and  Material  Preparation  Equip- 
ment Manufacturing  Subdivision 

Diamond  Core  Drill  Manufacturing  Subdivi- 
sion  

Diesel  Engine  Manufacturing  Subdivision 

Envelope  Machine  Manufacturing  Subdivi- 
sion  

Hair  Clipper  Manufacturing  Subdivision 

Hoist  Builders  Subdivision 

Hoisting  Engine  Manufacturing  Subdivision.. 

Hydraulic  Machinery  Subdivision 

Jack  Manufacturing  Subdivision 

Kiln,  Cooler,  and  Dryer  Manufacturing  Sub- 
division   

Locomotive  Manufacturing  Subdivision 

Mechanical  Lubricator  Subdivision 

Oil   Field   Pumping   Engine    Manufacturing 

Subdivision 

Power  Transmission  Subdivision 

Pulverizing  Machinery  and  Equipment  Sub- 
division  

Railway  and  Industrial  Spring  Manufacturing 

Subdivision 

Reduction  Machinery  Subdivision 

Railway  Appliance  Manufacturing  Subdivi- 
sion  

Refrigerating  Machinery  Subdivision 

Rock  and  Ore  Crusher  Subdivision 

Roller  and  Silent  Chain  Subdivision 

Rolling  Mill  Machinery  and  Equipment  Sub- 
division   

Sawmill  Machinery  Subdivision 

Small  Locomotive  Subdivision 

Sprocket  Chain  Subdivision 

Steam  Engine  Manufacturing  Subdivision 

Water  Meter  Manufacturing  Subdivision 

Waterpower  Equipment  Subdivision 

Water  Softener  and  Filter  Subdivision 

Wire  Machinery  Subdivision 

Woodworking  Machinery  Subdivision 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Chemical  Engineering  Equipment  Sub- 
division   

Electric  Overhead  Crane  Subdivision 

Locomotive  Appliance  Subdivision 

86360—34 41 


12-  7-33 
6-26-34 
3-17-34 
3-17-34 

3-17-34 

3-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 

3-17-34 

3-17-34 
»-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 

3-17-34 
3-17-34 
3-17-34 

3-17-34 
3-17-34 

3-17-34 

3-17-34 
3-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 

3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
3-17-34 
4-26-34 
5-18-34 
5-28-34 

5-28-34 
5-28-34 
5-28-34 


III 
X 
VII 
VII 

VII 

VII 

VII 
VII 
VII 
VII 

VII 

VII 
VII 

VII 
VII 
VII 
VII 
VII 
VII 

VII 
VII 
VII 

VII 
VII 

VII 

VII 
VII 

VII 
VII 
VII 
VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 

VII 
X 
X 
X 

X 
X 
X 


607 
593 
231 
231 

231 

231 

231 
231 
231 
231 

231 

231 
231 

231 
231 
231 
231 
231 
231 

231 
231 
231 

231 
231 

231 

231 
231 

231 
231 
231 
231 

231 
231 
231 
231 
231 
231 
231 
231 
231 
231 
449 
569 
323 

323 
323 
323 


794 


Code 
No. 


347 


Industry 

Machinery  and  Allied  Products — Continued. 

Amendment,  No.  4 

Gas-Powered    Industrial   Truck    Manu- 
facturing Subdivision 

Mechanical   Press    Manufacturing  Sub- 
division  

Multiple  V-helt  Drive  Subdivision 

Pulp  and  Paper  Machine  Subdivision 

Code  Authorities,  Extending  time  to  elect.  _ 
Code  Authorit}',  Increasing  time  to  elect  a 

permanent 

Supplement,  No.  1,  for  Steel  Tire  Manufac- 
turing  

Supplement,  No.  2,  for  Railway  and  Indus- 
trial Spring 

Supplement,  No.  3,  for  Locomotive  Manu- 
facturing   

Amendment,  No.  1 

Supplement,    No.   4,   for  Small  Locomotive 

Manufacturing 

Supplement,  No.  5,  for  Wire  Machinery 

Supplement,  No.  6,  for  Woodworking  Ma- 
chinery   

Supplement,  No.  7,  for  Beater  and  Jordan 

and  Allied  Equipment 

Amendment,  No.  1 

Supplement,  No.  8,  for  Water  Meter  Manu- 
facturing  

Supplement,  No.  9,  for  Diamond  Core  Drill 

Manufacturing 

Amendment,  No.  1 

Supplement,  No.  10,  for  Mechanical  Lubrica- 
tor  

Amendment,  No.  1 

Supplement,  No.  11,  for  Contractors'  Pump.. 
Supplement,  No.  12,  for  Locomotive  Appli- 
ance   

Supplement,  No.  13,  for  Waterpower  Equip- 
ment  

Amendment,  No.  1 

Supplement,  No.  14,  for  Rolling  Mill  Ma- 
chinery aad  Equipment 

Supplement,  No.  15,  for  Pulverizing  Ma- 
chinery and  Equipment 

Supplement,  No.  16,  for  Steam  Engine  Manu- 
facturing  

Supplement,    No.    17,    for    Rock    and    Ore 

Crusher 

Supplement,  No.  18,  for  Reduction  Ma- 
chinery   

Supplement,    No.    19,    for    Hoisting    Engine 

Machinery 

Amendment,  No.  1 

Supplement,  No.  20,  for  Hoist  Builders 

Supplement,   No.  21,  for  Kiln,   Cooler,  and 

Dryer  Manufacturing 

Supplement,  No.  22,  for  Conveyor  and  Ma- 
terial Preparation  Equipment  Manufactur- 
ing  

Amendment,  No.  1 

Supplement,  No.  23,  for  Chemical  Engineer- 
ing Equipment 


Date 


Volume 


6-29-34 

6-29-34 

6-29-34 
6-29-34 
6-29-34 
7-25-34 

8-22-34 

4-23-34 

4-23-34 

4-30-34 
5-12-34 

5-  5-34 

5-  9-34 

5-14-34 

5-14-34 
8-13-34 

5-16-34 

5-31-34 
7-18-34 

6-  4-34 
8-  9-34 
6-  5-34 

6-  5-34 

6-  7-34 
6-26-34 

6-  7-34 

6-  9-34 

6-11-34 

6-11-34 

6-11-34 

6-12-34 
8-18-34 
6-12-34 

6-12-34 


6-19-34 
8-18-34 

7-  5-34 


XII 

XII 

XII 
XII 
XII 
XIV 

XV 

X 

X 

X 
X 

X 
X 

X 

X 
XV 


XI 
XIII 

XI 
XV 
XI 

XI 

XI 
XII 

XI 

XI 

XI 

XI 

XI 

XII 
XV 
XII 

XII 


XII 
XV 

XII 


795 


Industry 


Machinery  and  Allied  Products — Continued. 

Supplement,   No.  24,  for  Roller  and  Silent 
Chain 

Supplement,  No.  25  For  Power  Transmission. 

Supplement,   No.  26  For  Caster  and  Floor 
Truck  Manufacturing 

Supplement,   No.  27  For  Mechanical  Press 
Manufacturing 

Supplement,  No.  28  For  Water  Softener  and 
Filter 

Supplement,  No.  29  For  Bakery  Equipment 
Manufacturing 

Supplement,    No.    30   For    Multiple    V-Belt 
Drive 

Supplement,  No.  31  For  Envelope  Machine 
Manufacturing 

Supplement,  No.  32  For  Air  Filter _: 

Supplement,  No.  33  For  Gas-Powered  Indus- 
trial Truck  Manufacturing 

Supplement,  No.  34  For  Sprocket  Chain 

Supplement,  No.  35  For  Oil  Field  Pumping 
Engine  Manufacturing 

Supplement,  No.  36  For  Refrigerating  Ma- 
chinery   

Supplement,  No.  37  For  Concrete  Mixer 

Supplement,  No.  38  For  Jack  Manufactur- 
ing  

Supplement,  No.  39  For  Railw-ay  Appliance 
Manufacturing 

Supplement,  No.  40  for  Diesel  Engine  Manu- 
facturing   

Supplement,    No.    41    For    Hydraulic    Ma- 
chin  ery 

Supplement,  No.  42  For  Pulp  arid  Paper  Ma- 
chinery   

Wages,  Providing  exemption  for  overtime 

Machinery,  Bottling  —  and  Equipment  Manu- 
facturing   (see    also    Bottling    Machinery    and 

Eq uipment  Manufacturing) 

Machinery,  Can  Labeling  and  Can  Casing  —  In- 
dustry and  Trade  (see  also  Packaging  Ma- 
chinery Industry  and  Trade  Supplement,  No. 

1)...: 

Machinery,  Canning  and  Packing  {see  also  Can- 
ning and  Packing  Machinery) 

Machinery,  Clay  {see  also  Clay  Machinery) 

Machinery,  Construction  —  Distributing  Trade 
{see  also  Construction  Machinery  Distributing 
Trade) 

Machinery,  Cotton  Ginning  —  Manufacturing 
(.see  also  Cotton  Ginning  Machinery  Manufac- 
turing)   

Machinery,  Hydraulic  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  41) 

Machinery,  Industrial  Supplies  and  —  Distribu- 
tors Trade  (see  also  Industrial  Supplies  and 
Machinery  Distributors  Trade) 

Machinery,  Laundry  and  Dry  Cleaning  —  Man- 
ufacturing (see  also  Laundry  and  Dry  Clean- 
ing Machinery  Manufacturing) 

Machinery,  Machine  Tool  and  Forging  (see  also 
Machine  Tool  and  Forging  Machine) 


7-  5-34 
7-  6-34 

7-  7-34 

7-  9-34 

7-  9-34 

7-13-34 

7-13-34 

7-20-34 
7-21-34 

7-21-34 
7-21-34 

7-25-34 

7-30-34 

8-  1-34 

8-  1-34 

8-  1-34 

8-  1-34 

8-  2-34 

8-11-34 
7-18-34 

4-  4-34 


5-  5-34 

10-31-33 
3-17-34 


1-23-34 

7-16-34 
8-  2-34 

10-23-33 

10-  3-33 

11-  8-33 


Volumo 


XII 
XIII 

XIII 

XIII 

XIII 

XIII 

XIII 

XIII 
XIII 

XIII 
XIII 

XIV 

XIV 

XIV 

XIV 

XIV 

XIV 

XIV 

XV 
XIII 

IX 


X 

II 

VIII 


XIII 
XIV 

II 

I 
II 


Fige 


587 
509 

523 

535 

547 

595 

605 

659 
671 

683 
695 

357 

435 

477 

509 
523 
493 

535 

501 
762 

71 


767 

219 

183 


369 

145 
535 

47 

437 
577 


796 


Industry 


Volume 


Machinery,  Marine  Auxiliary  {see  also  Marine 
Auxiliary  Machinery) 

Machinery,  Packaging  —  Industry  and  Trade 
(see  also  Packaging  Machinery  Industry  and 
Trade) 

Machinery,  Paper  Box  —  Industry  and  Trade 
(see  also  Packaging  Machinery  Industry  and 
Trade  Supplement,  No.  2) 

Machinery,  Pulp  and  Paper  (see  also  Machinery 
and  ADied  Products  Supplement,  No.  42) 

Machinery,  Pulverizing  —  and  Equipment  (see 
also  Machinery  and  AUied  Products  Supple- 
ment, No.  15)- 

Machinery,  Reduction  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  18) 

Machinery,  Refrigerating  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  36) 

Machinery,  Road  —  Manufacturing  (see  also  Road 
Machinery  Manufacturing) 

Machinery,  Rolling  MiU  —  and  Equipment  (see 
also  Machinery  and  Allied  Products  Supple- 
ment  No.  14)J 

Machinery,  Shoe  (see  also  Shoe  Machinery) 

Machinery,  Stone  Finishing  —  and  Equipment 
(see  also  Stone  Finishing  Machinery  and  Equip- 
ment)   

Machinery,  Textile  (see  also  Textile  Machinery) . . 

Machinery,  Used  Textile  —  and  Accessories  Dis- 
tributing Trade  (see  also  Used  Textile  Machin- 
ery and  Accessories  Distributing  Trade) 

Mackerel,  Atlantic  —  Fishing  (see  also  Fishery 
Supplement,  No.  4) 

Magnesia,  Asbestos  —  Products  Division.  {See 
Asbestos.) 

Malleable  Iron 

Malt  Products 

Manganese 

Mandatory  rules  and  regulations  for  completion  of 
Code  Making  (see  also  Code  Making) 

Manicure,  Cutlery,  —  Implement  and  Painters 
and  Paperhangers  Tool  Manufacturing  and  As- 
sembling (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  10) 

Manicure  Stick,  Bulk  Drinking  Straw,  Wrapped 
Drinking  Straw,  Wrapped  Toothpick,  and 
Wrapped  (see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Tooth- 
pick, and  Wrapped  Manicure  Stick) 

Manufacturing  and  Wholesale  Surgical 

Maple,  Beech,  and  Birch  Flooring  Division.  {See 
Lumber  and  Timber  Products.) 

Map  Publishers.     {See  Graphic  Arts.) 

Maraschino  Cherry,  Preserve,  —  and  Glace  Fruit 
(see  also  Preserves,  Maraschino  Cherry  and 
Glace  Fruit) 

Marble  Contracting  {see  also  Construction  Sup- 
plement, No.  17) 

Marble  Quarrying  and  Finishing 

New  York  City  as  a  region,  Creation  of 
Metropolitan  District  of 

Marble,  Wholesale  Monumental  (see  also  Whole- 
sale Monumental  Marble) 


1-30-34 


10-31-33 

II 

6-21-34 

XI 

8-11-34 

XV 

6-  9-34 

XI 

6-11-34 

XI 

7-30-34 

XIV 

10-31-33 

II 

6-  7-34 
4-  6-34 

XI 
IX 

12-15-33 
10-  3-33 

IV 
I 

4-  4-34 

IX 

5-  3-34 

X 

11-27-33 
6-22-34 
5-11-34 

III 

XII 

X 

7-10-34 

XIII 

3-26-34 


3-14-34 
8-  9-34 


6-  6-34 

8-11-34 
&-  9-34 

5-24-34 

7-14-34 


VIII 


VIII 
XV 


XI 

XV 
X 

X 

XIII 


797 


Industry 


Marine  Auxiliary  Machinery 

Marine  Goods,  Cork  —  Manufacturers  Division. 
{See  Cork.) 

Marking  Devices 

Amendment,  No.  1 

Mason  Contractors  {see  also  Construction  Sup- 
plement, No.  7) 

Masonr.y,  Concrete.     {See  also  Concrete  Masonry). 
Mastic  Tile,  Asphalt  and  {see  also  Asphalt  and 
Mastic  Tile) 

Match,  American  {see  also  American  Match) 

Mat,  Stereotype  Dry  {see  also  Stereotype  Dry  Mat). 

Mattress  Cover  Division.  {See  Light  Sewing 
Industry  Except  Garments.) 

Mayonnaise 

Amendment,  No.  1 

Mechanical,  Beauty  and  Barber  Shop  —  Equip- 
ment Manufacturing  {see  also  Beauty  and  Bar- 
ber Shop  Mechanical  Equipment,  Manufactur- 


ing)- 


Mechanical  Lubricator  {see  also  Machinery  and 
Allied  Products  Supplement,  No.  10) 

Mechanical  Lubricator  Subdivision.  {See  Ma- 
chinery and  Allied  Products.) 

Mechanical  Packing 

Mechanical  Press  Manufacturing  {see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 
27). 


Mechanical  Rubber  Goods  Division.     {See  Rub- 
ber Manufacturing.) 
Mediation    and    arbitration.     {See    Automobile 
Manufacturing.) 

Medicine,  Package  {see  also  Package  Medicine) 

Medium  and  Low  Priced  Jewelry  Manufacturing. 

Amendment,  No.  1 

Men's  Clothing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Men's  Garter,  Suspender  and  Belt  Manufacturing. 
(Changed  to  Garter,  Suspender  and  Belt  Manu- 
facturing.) 

Men's  Neckwear 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Amendment,  No.  4 

Trade  Practices,  Selling  and  delivery,  Stay  of. 
Men's  Novelty  Jewelry  Division.     {See  Whole- 
saling or  Distributing  Trade.) 
Men's  Wear  Buttons  Division.     {See  Wholesaling 

or  Distributing  Trade.) 
Men's   Wear,   Carded  —   Division.      {See   Wool 

Textile  Amendment,  No.  1.) 
Men's  Wear  Division.     {See  Wholesaling  or  Dis- 
tributing Trade  Supplement,  No.  15.) 
Men's   Wear  Worsted  —  Division.      {See  Wool 

Textile  Amendment,  No.  1.) 
Mercerizers.     {See  Cotton  Textile.) 
Mercerizers,  Cotton  Yarn  —  Division.    {See  Tex- 
tile Processing  Amendment,  No.  3.) 


Date 


1-30-34 


10-20-33 
6-21-34 

4-19-34 
11-27-33 

12-  7-33 
12-30-33 

7-27-34 


3-21-34 
6-12-34 


2-16-34 

6-  4^34 

5-14-34 

7-  &-34 


5-15-34 

12-23-33 

6-26-34 

8-26-33 

12-15-33 

12-18-33 

4-14^34 

8-13-34 


3-24-34 
6-13-34 
6-15-34 
6-20-34 
7-20-34 
6-15-34 


Volume 


II 
XII 

IX 

III 
III 

IV 
XIV 


VIII 
XII 


VI 
XI 

X 

XIII 


X 

IV 

XII 

I 

IV 

IV 

IX 

XV 


VIII 
XII 
XII 
XII 

XIII 
XII 


Page 


625 


13 
263 

863 
407 

617 
621 
Ll7 


269 
225 


569 
619 

151 

535 


185 
355 
301 
229 
637 
649 
719 
283 


467 
229 
243 
257 
443 
635 


798 


Merchandise,  Musical  —  Manufacturing  (see  also 

Musical  Merchandise  Manufacturing) 

Merchandise  Warehousing  Trade 

Amendment,  No.  1 

Merchant  and  Custom  Tailoring. _' 

Metal  and  Metal  Frame  Division.  (See  Picture 
Moulding  and  Picture  Frame.) 

Metal,  Electric  Plating  and  —  Polishing  and 
Metal  Finishing  {see  also  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating  Supplement,  No.  46) 

Metal  Etching 

Metal,  Fabricated  —  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating) 

Metal,  Fiber  and  —  Work  Clothing  Button  Manu- 
facturing (see  also  Fiber  and  Metal  Work  Cloth- 
ing Button  Manufacturing) 

Metal,  Flexible  —  Hose  and  Tubing  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  33) 

Metal  Frame,  Metal  and —  Division.  (See  Picture 
Moulding  and  Picture  Frame.) 

Metal  Hat  Die  and  Wood  Hat  Block 

Hazardous  occupations,  Approving  a  list  of_. 

Metal,  Job  Galvanizing  —  Coating  (see  also  Fab- 
ricated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  28) 

Metal  Lath  Manufacturing 

Metallic  Foil  Products  Division.     (See  Lead.) 

Metallic  Lead  Products  Division.     (See  Lead.) 

Metallic  Wall  Structure  Industrial  Subdivision 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  1) 

Metal  Polish,  Silver  and  —  Division.  (See  Fur- 
niture and  Floor  Wax  and  Polish  Amendment, 
No.  1.) 

Metal,  Roofing  and  Sheet  —  Contracting  (see 
also  Construction  Supplement,  No.  8) 

Metal,  Sheet  —  Division.  (See  Wholesaling  or 
Distributing  Trade.) 

Metals,  Scrap  Iron,  Nonferrous  Scrap  — '^and 
Waste  Materials  Trade  (see  also  Scrap  Iron,  Non- 
Ferrous  Scrap  Metals,  and  Waste  Materials 
Trade) 

Metals,  Smelting  and  Refining  of  Secondary  — 
into  Brass  and  Bronze  Alloys  in  Ingot  form  (see 
also  Smelting  and  Refining  of  Secondary  Metals 
into  Brass  and  Bronze  Alloys  in  Ingot  Form). 

Metal  Tank 

Amendment,  No.  1 ; 

Metal  Treating.  _. . 

Amendment,  No.  1 

Metal  Window : . 

Meter,  Water  —  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No.  8)  _ . 

Metropolitan,  Non  —  Newspaper  Publishing  and 
Printing.      (See  Graphic  Arts.) 


Date 

Volume 

1-16-34 
1-27-34 
8-21-34 
7-31-34 

V 

V 

XV 

XIV 

8-22-34 
6-  4^34 

XV 
XI 

11-  2-33 

II 

3-17-34 

VIII 

5-24-34 

XI 

1-23-34 
8-  1-34 

V 
XIV 

5-17-34 
3-17-34 

XI 
VIII 

1-10-34 

V 

5-10-34 

X 

3-12-34 

VIII 

12-21-33 
12-15-33 
8-  2-34 
3-26-34 
6-27-34 
1-13-34 

IV 

IV 

XIV 

VIII 

XII 

V 

5-16-34 

X 

191 

495 

395 

47 


585 
163 


327 
155 

543 


347 
594 


455 
195 


703 


817 


325 
47 
275 
529 
321 
133 

935 


799 


Industry 


Mica 

Dry  Ground  Mica  Division 

Importing  Division 

Mining  Division 

Sheet  Mica  Division 

Wet  Ground  Mica  Division 

Amendment,  No.  1 

Milk  and  Ice  Cream  Can  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  30) 

Milk  Filtering  Materials  and  the  Dairy  Products 
Cotton  Wrappings . 

Milk,  Paper  Disc  —  Bottle  Cap  {see  also  Paper 
Disc  Milk  Bottle  Cap) 

Mill,  Copper  and  Brass  —  Products  (see  also 
Copper  and  Brass  Mill  Products) 

Milliner}'' 

Amendment,  No.  1 

Effective  date,  Extension  of 

Expiration  date,  Extension  of 

Hours,  Granting  stay  of  —  provisions 

Stay,  Temporary  —  of  Article  IV,  Section  3 
for  the  —  Industry 

Millinery  and  Dress  Trimming  Braid  and  Textile.. 

Millinery  and  Notion  Bag  Division.  (See  Paper 
Bag  Manufacturing.) 

Millinery,  Wholesale  —  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No.  5) 

Milling,  Raw  Peanut  (see  also  Raw  Peanut  Milling) 

Mill,  Pulp  and  Paper  —  Wire  Cloth  Manufac- 
turing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  44) 

Mill,  Rolling  —  Machinery  and  Equipment  {see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  14) 

Mill,  Steel  and  Rolling  —  Castings  Division. 
{See  Non-Ferrous  Foundry.) 

Mining  Division.     {See  Mica.) 

Mining,  Lead  —  Division.     {See  Lead.) 

Miscellaneous  Glassware  Division.  {See  Ameri- 
can Glassware.) 

Miscellaneous  Sand  Castings  Division.  {See 
Non-Ferrous  Foundry.) 

Miscellaneous,  Pewter,  Chromium  Plate,  and  — 
Division.     {See  Silverware  Manufacturing.) 

Mixer,  Concrete  —  Subdivision.  {See  Machinery 
and  Allied  Products.) 

Modification  of  President's  Reemployment  Agree- 
ment  

Modifications,  Rules  and  regulations  concerning 
—  and  exemptions  from  approved  Codes  of 
Fair  Competition 

Mold,  Aluminum  Permanent  —  Castings  Divi- 
sion.    {See  non-Ferrous  Foundry.) 

Monkey,  Adjustable  —  Wrenches  Division.  {See 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  15.) 

Monorail,  Electric  Hoist  and  —  Manufacturing 
{see  also  Electric  Hoist  and  Monorail  Manufac- 
turing)   ...-■-.-: 


Date 


2-24-34 
2-24-34 
2-24^34 
2-24-34 
2-24-34 
2-24-34 
7-31-34 


5-17-34 

4-19-34 

2-  1-34 

11-  2-33 
12-15-33 
3-24-34 
6-13-34 
5-11-34 
3-26-34 

1-12-34 
10-31-33 


4-16-34 
1-12-34 


7-30-34 
6-  7-34 


Volume 


VII 
VII 
VII 
VII 
VII 
VII 
XIV 


XI 
IX 
VI 

II 

IV 

VIII 

XII 

X 

VIII 

V 

II 


IX 
V 


XIV 
XI 


10-  3-33 
5-  5-34 


7-13-34     XIII      115 


Page 


297 
297 
297 
297 
297 
297 
227 


481 

307 

15 

289 
1 
701 
629 
960 
876 

776 
149 


843 
99 


421 
679 


734 

957 


800 


Code 

No. 


449 

484 

366 
159 

116 
227 


124 


22 

66 

340 
108 


46 


147 

358 

260 
208 

290 
399 


Industry 


Monumental  Granite,  Wholesale  (see  also  Whole- 
sale Monumental  Granite) 

Monumental  Marble,  Wholesale  (see  also  Whole- 
sale Monumental  Marble) 

Monument,  Retail  (see  also  Retail  Monument)  __ 

Mop,  Dry  and  Polishing  —  Manufacturing  (see 

also  Dry  and  Polishing  Mop  Manufacturing)  _  . 

Mop  Stick 

Mop,  Wet  —  Manufacturing  (see  also  Wet  Mop 

Manufacturing) 

Mortars,  High  Temperature  Bonding  —  Division. 

{See  Refractories.) 
Mosaic,  Terazzo  and  —  Contracting  (see  also  Con- 
struction Supplement,  No.  15) 

Moth- Proof  Paper  Products  Division.  {See  Paper 
Bag  Manufacturing.) 

Motion  Picture 

Amendment,  No.  1 

Amendment,  No.  2 

Effect,  Extending  time  to  put  the  code  into. . 
Explanation  of  Article  VI,  Part  2,  Section  8  for 

the  —  Industry 

Fair  Practice  Provisions,  Providing  for 

Reports,  Extension  of  time  within  which  to 

file  required  —  for  the  —  Industry 

Motion  Picture  Laboratory 

Motor  Bus 

Amendment,  No.  1 

Motorcycle  Manufacturing 

Motor  Fire  Apparatus  Manufacturing 

Amendment,  No.  1 

Motor  Robe  Division.  {See  Light  Sewing  Indus- 
try Except  Garments.) 

Motor  Vehicle  Retailing  Trade 

Amendment,  No.  1 

Amendment,  No.  2 

Exemption  of  employers  in  towns  under  2,500 

population 

Sales  to  Governmental  Agencies,  Stay  of  Code 

provisions  relevant  to 

Motor  Vehicle  Storage  and  Parking  Trade 

Suspension  of  Code,  Partial 

Mould,   Cylinder  —  and   Dandy   Roll   {see  also 

Cylinder  Mould  and  Dandy  Roll) 

Moulding,    Finished  —   Division.     {See   Picture 

Moulding  and  Picture  Frame.) 
Moulding,  Ornamental  —  Carving  and  Turning 
(see  also  Ornamental  Moulding,  Carving  and 

Turning) 

Moulding,  Picture  —  and  Picture  Frame  (see  also 

Picture  Moulding  and  Picture  Frame) 

Mounting,  Trade  — and  Finishing.     {See  Graphic 

Arts.) 
Mount,    Photographic    (see    also    Photographic 

Mount) 

Moving,  Household  Goods  Storage  and  —  Trade 
(see  also  Household  Goods  Storage  and  Moving 

Trade) 

Multiple  V-Belt  Drive   (see  also  Machinery  and 

Allied  Products  Supplement,  No.  30) 

Musical,  Legitimate  Full-Length  Dramatic  and 
—  Theatrical  (see  also  Legitimate  Full-Length 
Dramatic  and  Musical  Theatrical) 


Date 

Volume 

5-31-34 

XI 

7-14-34 
3-26-34 

XIII 
VIII 

12-15-33 
11-14-33 

IV 

III 

1-23-34 

V 

7-13-34 

XIII 

11-27-33 
6-13-34 
7-27-34 
7-  3-34 

III 

XII 
XIV 
XII 

2-21-34 
6-  6-34 

VII 
XI 

3-  3-34 
9-  7-33 

10-31-33 
4-26-34 
3-17-34 

11-  8-33 
7-30-34 

VII 

I 
II 

X 

VIII 

II 

XIV 

10-  3-33 
4-20-34 
7-14-34 

I 

X 

XIII 

5-29-34 

XI 

7-31-34 

12-  7-33 

5-20-34 

XIV 

III 

XI 

3-23-34 

VIII 

2-  5-34 

VI 

1-16-34 

V 

2-17-34 

VII 

4-19-34 

IX 

7-13-34 

XIII 

8-16-33 

I 

801 


Code 
No. 

Industry 

Date 

Volume 

Page 

209 

Musical  Merchandise  Manufacturing       _          

1-16-34 

10-  9-33 
5-17-34 

1-12-34 
2-27-34 
2-27-34 
2-27-34 
2-27-34 
5-26-34 

4-28-34 
6-16-33 
8-10-33 

12-21-33 

3-27-34 

2-  8-34 

2-  8-34 

10-14-33 

1-  6-34 

6-30-34 

2-  1-34 
2-23-34 

1-17-34 

11-22-33 
12-1&-33 

10-23-33 

1-  8-34 
10-20-33 

7-21-33 

10-23-33 
6-29-34 

12-16-33 
6-29-34 

6-30-34 

3-  7-34 
3-  9-34 

V 

I 

X 

V 
VII 
VII 
VII 
VII 

X 

IX 

I 
I 

IV 
VIII 

VI 

VI 

VI 

V 

XII 

VI 

VII 

V 

III 

VI 

II 

VI 
VI 
VI 

II 

XII 

VI 

XII 

XII 
VII 
VII 

191 

52 

Music  Printing.     {See  Graphic  Arts.) 

Mutual  Savings  Banks                      __ 

6?,3 

Amendment,  No.  1                             .       - 

559 

200 
312 

Napkin,  Sanitary  —  and  Cleansing  Tissue  (see  also 

Sanitary  Napkin  and  Cleansing  Tissue) 

Narrow  Fabrics                              _   _   _   __     - 

59 

387 

Braided  Elastic  Division                   _   

387 

Braided  Non-Elastic  Division. _    _. 

387 

Woven  Elastic  Division            

387 

Amendment,  No.  1 __   _-   - 

597 

Home  work.  Termination  of  stay  applicable 
to -    

943 

National  Industrial  Recovery  Act 

683 

Administration  of -      -        

7^9 

Administration,  Providing  for  notice  of  pro- 
ceedings and  matters  in  the  —  of  the 

Appropriation,   Expenditures  out  of  alloca- 
tions from  the  —  for     __ 

687 
863 

Authority,  Delegation  of  —  to  Administrator 
for  Industrial  Recovery  to  Prescribe  rules 
and  regulations.   _. 

654 

Authority,  Delegation  of  —  to  Administrator 
for  Industrial  Recovery  to  Prescribe  rules 
and  regulations.  Etc            _     _ 

655 

Authority,  Rules  and  Regulations  under  Sec- 
tion 10  (a)  and  Delegation  of  —  under  Sec- 
tion 2  (b)  of  the         __   -_ 

646 

Bulletin   Board,   Establishment  and  use  of 
Official  N.R.A 

768 

Delegation  of  authority  under  section  9  to  the 
Secretary  of  the  Interior               

6?3 

Enforcement  of  Section  7  (a)  of  the.. 

652 

Enforcement  of  Section  7  (a)  of  the 

708 

Labels,  Rules  and  Regulations  concerning  — 
bearing  Emblems  or  Insignia  of  the  N.R.A. 

Modify  agreements,  Authorizing  Administra- 
tor to  —  entered  into  or  approved  by  the 
President  under  Title  I  of  the 

778 
657 

National  Labor  Board,  Continuance  of  the  — , 
Etc.    _-- .-- 

648 

Reemployment  Agreement,  Exemption  from 
the  President's  —  of  employers  in  towns 
less  than  2,500  population 

699 

Secretary    of    Agriculture,    Amendment    of 
Executive  Orders  which  Delegated  to  the  — 
Certain  Authority  under  the.    _   . 

649 

Secretary    of    Agriculture,    Amendment    of 
Executive  Orders  which  delegated  to  the  — 
certain  Authority  under  the 

647 

Secretary  of  Agriculture,  Continuing  in  effect 
the  Authority  delegated  to  the  —  by  Execu- 
tive Order  No.  6182 

645 

Tariff  relief,  Procedure  to  be  followed  for  — 
under  Section  3  (e)  of  the                           

700 

National  Labor  Board,  Abolition  of  the 

617 

National  Labor  Board,  Continuance  of  the  —  Etc. 

National  Labor  Relations  Board,  Creation  of 

National  Recovery  Review  Board: 

Abolition  of . 

648 
617 

622 

Creation  of  the..                     . 

709 

Funds  for  the 

710 

802 


Industry 


Volume 


National  Sheltered  Workshops.  {See  Sheltered 
Workshops.) 

Neckwear,  Men's  (see  also  Men's  Neckwear) 

Needlework,  Art  (see  also  Art  Needlework) 

Needlework  Industry  of  Puerto  Rico 

Amendment,  No.  1 

Homework,  Staying  application  of  code  rele- 
vant to 

Negligee,  Undergarment  and  (see  also  Under- 
garment and  Negligee) 

Neon,  Electric  and  —  Sign  (see  also  Electric  and 

Neon  Sign) 

Newspaper,  Daily  —  Publishing  Business  {see  also 

dailj^  Newspaper  Publishing  Business) 

Newspaper,  Non-Metropolitan  —  Publishing  and 
Printing.     {See  Graphic  Arts.) 

Newspaper  Printing  Press 

Amendment,  No.  1 

Newsprint 

New  York,  Inland  Water  Carrier  Trade  in  the 
Eastern  Division  of  the  United  States  Operating 
Via  the  —  Canal  System  (see  also  Inland  Water 
Carrier  Trade  in  the  Eastern  Division  of  the 
United   States   Operating   Via  the   New   York 

Canal  System) 

Nickel  and  Nickel  Alloys 

Nicotine  Group.     {See  Chemical  Manufacturing 

Supplement,  No.  1.) 
Nipple,    Pipe    —    Manufacturing    (see   also   Pipe 

Nipple  Manufacturing) 

Nonferrous  and  Steel  Convector  Manufacturing 

(Concealed  Radiator  Industry) 

Hazardous  occupations,  Approving  a  list  of- 

Non-Ferrous  Industry 

Aluminum  Permanent  Mold  Castings  Divi- 
sion   

Blast  Furnace  Castings  Division 

Miscellaneous  Sand  Castings  Division 

Steel  and  Rolling  Mill  Castings  Division 

Code    Administration,    Termination    of  Ex- 
emption for  collection  of  expenses  of 

Non-Ferrous  Hot  Water  Tank  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 

Supplement,  No.  14) 

Nonferrous  Scrap  Metals,  Scrap  Iron  —  and 
Waste  Materials  Trade  (see  also  Scrap  Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 

Trade) 

Non-Metropolitan    New^spaper    Publishing    and 

Printing.     {See  Graphic  Arts.) 
Notion,    Millinery  and  —   Bag   Division.      (See 

Paper  Bag  Manufacturing.) 
Notion,  Thread  and  Women's  Garments  Division. 
(See  Wholesaling  or  Distributing  Trade.) 

Nottingham  Lace  Curtain 

Amendment,  No.  1 

Novelties.     {See  Silverware  Manufacturing.) 
Novelty,  Celluloid  Button,  Buckle  and  —  Manu- 
facturing {see  also  Celluloid  Button  Buckle  and 
Novelty  Manufacturing) 


3-24-34 
3-16-34 
6-28-34 
7-20-34 

8-10-34 

4-27-34 

8-24-34 

2-17-34 


3-  5-34 

8-10-34 
11-17-33 


2-  6-34 
5-24-34 


11-27-33 

2-10-34 

8-  4-34 

12-18-33 

12-18-33 
12-18-33 
12-18-33 
12-18-33 

7-27-34 


4r-  4-34 


3-12-34 


11-  1-33 
8-  7-34 


VIII 

VIII 

XII 

XIII 

XV 

IX 

XV 

VII 


VII 
XV 

III 


VI 
X 


III 

VI 

XIV 

IV 

IV 
IV 
IV 
IV 

XIV 


IX 


VIII 


II 

XV 


4-20-34        IX     367 


803 


Industry- 


Volume 


Page 


Novelty    Curtain,    Draperies,    Bedspreads,    and 

Novelty  Pillow 

Amendment,  No.  1 

Amendment,  No.  2 

Domestic  Decorative  Linens  Branch 

Novelty  Jewelry,  Men's — Division.  ((See  Whole- 
saling or  Distributing  Trade.) 

Nut,  Machine  Screw  —  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  20) 

Nozzle,  Sleeve  —  and  Runner  Brick  and  Tuyeres 
Division.      (See  Refractories.) 

Oak  Flooring  Division.  {See  Lumber  and  Timber 
Products.) 

Office  Equipment  Manufacturers 

Office  Furniture,  Steel  —  Division.  (-See  Busi- 
ness Furniture,  Storage  Equipment  and  Filing 
Supply.) 

Office  Outfitting,  Commercial  Stationery  and  — 
Trade  (see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  3) 

Official,  Establishment  and  use  of  —  N.R.A. 
Bulletin  Board 

Oil  Burner 

Amendment,  No.  1 

Oil  Burning  Equipment,  Industrial  —  Manufac- 
turing (see  also  Industrial  Oil  Burning  Equip- 
ment Manufacturing) 

Oil  Field  Pumping  Engine  Manufacturing  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  35) 

Oil,  Processed  or  Refined  Fish  (see  also  Processed 
or  Refined  Fish  Oil) 

Oil.     (»See  Petroleum.) 

Oil,  Sulphonated  —  Manufacturing.  (See  Sul- 
phonated  Oil  Manufacturing) 

Oil,  Table  —  Cloth  (see  also  Table  Oil  Cloth) 

Olive,  Imported  Green  (see  also  Imported  Green 
Olive) ____-__- 

Open  Paper  Drinking  Cup  and  Round  Nesting 

Paper  Food  Container 

Amendment,  No.  1 

Open  Steel  Flooring  (Grating)  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  41) 

Optical  Manufacturing 

Optical  Retail  Trade 

Trade  Practice  Provisions,  Stay  of 

Optical  Wholesale  Industry  and  Trade 

Ore  Crusher,  Rock  and  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  17) 

Organ,  Pipe  (see  also  Pipe  Organ) 

Ornamental  Moulding,  Carving  and  Turning 

Amendment,  No.  1 

Amendment,  No.  2 

Outdoor  Advertising  Trade 

Outerwear,  Heavy  Cotton  —  and  Combination 
Leather  Garment  Manufacturers  Division. 
(See  Cotton  Garment.) 

Outerwear,  Knitted  —  Division.  (See  Wholesal- 
ing or  Distributing  Trade  Supplement,  No.  8.) 


11-  1-33 
7-30-34 
8-24-34 
8-24-34 


5-  5-34 


11-4-33 


3-16-34 

1-  6-34 

9-18-33 

10-  3-33 


7-30-34 

7-25-34 

8-  8-34 


6-26-34 
2-  2-34 

7-24-34 

3-26-34 
8-  9-34 


7-11-34 
10-  9-33 
6-  4-34 
8-  8-34 
5-31-34 

6-11-34 
1-16-34 
2-  5-34 
4-28-34 
8-11-34 
2-24-34 


II 

XIV 

XV 

XV 


X 


II 


VIII 


XIV 

XIV 
XV 


XII 
VI 

XIV 

VIII 
XV 


XIII 

I 

XI 
XV 
XI 

XI 

V 

VI 

X 

XV 

VII 


263 
207 
437 
437 


733 


413 


761 

768 
339 
703 


31 

357 
39 


99 
125 


567 
225 


559 
599 
149 
652 
61 

761 
203 
205 
497 
249 
273 


804 


Industry 


Outerwear,  Knitted  (see  also  Knitted  Outerwear). 

Oxy-Acetylene 

Amendment,  No.  1 

Oyster,  Fresh  (see  also  Fishery  Supplement,  No.  1) . 

Oyster  Shell  Crushers 

Pacific  Coast  Section  of  the  Soap  and  Glycerine 
Manufacturing  (see  also  Soap  and  Glycerine 
Manufacturing  Supplement,  No.  1) 

Package,  Charcoal  and  —  Fuel  Distributing  Trade 
(see  also  Wholesaling  or  Distributing  Trade 
Supplement,  No.  19) 

Package  Fuel,  Charcoal  and  —  Division.  (See 
Wholesaling  or  Distributing  Trade.) 

Package  Medicine 

Package,  Steel  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
25) -_ 

Package,  Wooden  —  Division.  (See  Lumber  and 
Timber  Products.) 

Packaging  Machinery 

Amendment,  No.  1 

Hour  tolerance,  Granting  temporary  man 

Supplement,   No.    1   For  Can   Labeling  and 

Can  Casing  Machinery  Industry  and  Trade 

Supplement,  No.  2,  For  Paper  Box  Machinery 

Industry  and  Trade 

Packing,  Canning  and  —  Machinery  (see  also 
Canning  and  Packing  Machinery) 

Packing,  Imported  Date  (see  also  Imported  Date 
Packing) 

Packing,  Mechanical  (see  also  Mechanical  Pack- 
ing)  

Padding,  Batting  and  (see  also  Batting  and  Pad- 
ding)  

Padding,  Covered  Carpet —  Division.  {See  Light 
Sewing  Industry  Except  Garments.) 

Pad,  Shoulder  —  Manufacturing  (see  also  Shoulder 
Pad  Manufacturing) 

Pad,  Table  —  Division.  {See  Light  Sewing  Indus- 
try Except  Garments.) 

Paint  and  Varnish  Brush  Manufacturers'  Divi- 
sion.    {See  Brush  Manufacturing.) 

Painters,  Cutlery,  Manicure  Implement  and  — 
and  Paperhangers  Tool  Manufacturing  and 
Assembling  (see  also  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Supplement,  No.  10) 

Painting,  Paperhanging  and  Decorating  (see  also 
Construction  Supplement,  No.  2) 

Painting,  Spray  —  and  Finishing  Equipment 
Manufacturing  (see  also  Spray  Painting  and 
Finishing  Equipment  Manufacturing) 

Paint,  Varnish  and  Lacquer  Manufacturing 

Amendment,  No.  1 

Putty  Division 

Amendment,  No.  2 

Paint,  Wholesale  —  Varnish,  Lacquer,  Allied  and 
Kindred  Products  Trade  (see  also  Wholesaling 
or  Distributing  Trade  Supplement,  No.  18) 

Pajama  Manufacturers.  {See  Cotton  Textile  In- 
dustry.) 


Date 

Volume 

12-18-33 

12-15-33 

7-26-34 

3-10-34 

6-  2-34 

IV 

IV 

XIV 

VII 

XI 

6-29-34 

XII 

8-  7-34 

XV 

5-15-34 

X 

5-16-34 

X 

10-31-33 

7-17-34 
8-14-34 

II 

XIII 
XV 

5-  5-34 

X 

5-21-34 

XI 

10-31-33 

II 

7-22-34 

XIII 

5-14-34 

X 

5-  5-34 

X 

2-  5-34 

VI 

3-26-34 

VIII 

3-12-34 

VIII 

4-19-34 
10-31-33 
3-  2-34 
3-  2-34 
6-27-34 

IX 

II 

VII 
VII 
XII 

8-  4-34 

XIV 

805 


Code 
No. 


Industry 


Volume 


Pajama  Manufacturers  Division  (see  also  Cotton 
Garment.) 

Paper  and  Pulp 

Paper,  Asbestos  —  and  Allied  Products  Division. 
(See  Asbestos.) 

Paper  Bag  Manufacturing 

Banana  and  Dry  Cleaner  or  Garment  Deliv- 
ery Bag  Division 

Coffee  Bag  Division 

Glassine  Bag  Division 

Grocery  Bag  Division 

Millinery  and  Notion  Bag  Division 

Moth  Proof  Paper  Products  Division 

Shopping  Bag  Division 

Wholly  or  Semi-Hand    Made  Bag  Division- 
Window-Face  Bag  Division 

Paperboard  Manuf acturiers 

Paper  Box  Machinery  Industry  and  Trade  (see 
also  Packaging  Machinery  Industry  and  Trade 

Supplement,  No.  2) 

Paper,  Cylindrical  Liquid  Tight  —  Container  (see 
also  Cylindrical  Liquid  Tight  Paper  Container) 

Paper  Disc  Milk  Bottle  Cap . 

Paper  Distributing  Trade 

Amendment,  No.  1 

Wages  of  Labor,  Approval  of  application  for 

allowance  for 

Wages  of  Labor,  Extension  of  time  limit  for 

Section  4  of  Article  VIII  for 

Wages  of  Labor,  Stay  of  Administrative  Order 

No.  176-6  relevant  to 

Wages  of  Labor,  Stay  of  Order  providing  allow 

ance  for 

Paper,  Fluted  Cup,  Pan  Liner  and  Lace  (see  also 

Fluted  Cup,  Pan  Liner  and  Lace  Paper) 

Paper,  Folding  —  Box   (see  also  Folding  Paper 

Box) _. 

Paper,  Food  Dish  and  Pulp  and  —  Plate  (see  also 

Food  Dish  and  Pulp  and  Paper  Plate) 

Paper,   Glazed  and  Fancy   (see  also  Glazed  and 

Fancy  Paper) 

Paperhangers,  Cutlery,  Manicure  Implement,  and 
Painters  and  —  lool  Manufacturing  and  As- 
sembling (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  J'inishing  and  Metal 

Coating  Supplement,  No.  10) 

Paper  Makers'  Felt 

Paper-Making  Machine  Builders 

Classification  of  members 

Paper  Moth   Proof  —  Products  Division.     (See 

Paper  Bag  Manufacturing.) 
Paper,  Open  —  Drinking  Cup  and  Round-Nesting 
Paper   Food   Container    (see  also  Open-Paper 
Drinking  Cup  and  Round-Nesting  Paper  Food 

Container) 

Paper  Products,  Expanding  and  Specialty  (see  also 

Expanding  and  Specialty  Paper  Products) 

Paper,  Pulp  and  —  Machinery  Subdivision.    (See 
Machinery  and  Allied  Products  Amendment, 
No.  4.) 
Paper,  Pulp  and  —  Machinery  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  42) 


11-17-33 


1-26-34 


3-26-34 

5-11-34 

12-  7-33 

8-17-34 


3-26-34 
3-26-34 

8-11-34 


III 


1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

1-26-34 

V 

11-  8-33 

II 

5-21-34 

XI 

2-  1-34 

VI 

2-  1-34 

VI 

12-23-33 

IV 

8-21-34 

XV 

6-  7-34 

XIII 

6-20-34 

XII 

6-20-34 

XII 

7-11-34 

XIII 

2-17-34 

VII 

12-30-33 

IV 

2-  1-34 

VI 

2-  1-34 

VI 

VIII 
X 

III 

XV 


VIII 
VIII 

XV 


806 


Industry 


Paper,  Pulp  and  —  Mill  Wire  Cloth  Manufactur- 
ing. {See  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  44) 

Paper,  Set  Up  —  Box  Manufacturing  (see  also  Set 
Up  Paper  Box  Manufacturing) 

Paper  Stationery  and  Tablet  Manufacturing 

Paper,  Wall  —  Division.  {See  Wholesaling  or 
Distributing  Trade.) 

Paper,  Waste  —  Trade  (see  also  Scrap  Iron,  Non- 
ferrous  Scrap  Metals  and  Waste  Materials  Trade 
Supplement,  No.  1) 

Paper,  Waterproof  (see  also  Waterproof  Paper)  — 

Paper,  Waxed  (see  also  Waxed  Paper) ._ 

Parking  Trade,  Motor  Vehicle  Storage  and  (see 
also  Motor  Vehicle  Storage  and  Parking  Trade)  _ 

Parts,  Automotive  —  and  Equipment  Manufac- 
turing (see  also  Automotive  Parts  and  Equip- 
ment Manufacturing) 

Parts,  Washing  Machine  —  Manufacturing  (see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  29) • 

Pasted  Shoe  Stock 

Pattern,  Shoe  —  Manufacturing  (see  also  Shoe 
Pattern  Manufacturing) 

Peanut  Butter 

Amendment,  No.  1 

Amendment,  No.  2_ 

Peanut,  Raw  —  Milling  {see  also  Raw  Peanut 
Milling) 

Pearl  Button,  Fresh  Water  —  Manufacturing 
(see  also  Fresh  Water  Pearl  Button  Manufac- 
turing)   

Pencil,  Wood-Cased  Lead  —  Manufacturing  (see 
also  Wood-Cased  Lead  Pencil  Manufacturing) .  _ 

Pennants.     («See  Athletic  Goods  Manufacturing.) 

Perfume,  Cosmetic,  and  Other  Toilet  Preparations  _ 

Periodical  Publishing  and  Printing.  {See  Graphic 
Arts.) 

Permanent  Mold,  Aluminum  —  Castings  Supple- 
ment.    {See  Non-Ferrous  Foundry.) 

Permanent  stay,  Granting  —  of  exemption  from 
Codes  of  Fair  Competition  in  connection  with 
sales  to  Hospitals  for  certain  Industries 

Personnel,  Authorization  of  Administrator  to  Ap- 
point — ,  fix  compensations  and  conduct  hear- 
ings  

Petroleum 

Administration  given  to  Secretary  of  Interior. 
Contracts,  Government  —  and  contracts  in- 
volving the  use  of  government  funds.  Con- 
tracts between  the  U.S.  Government  and.. 
Transportation,  Prohibition  of  —  of  Unlaw- 
ful Production 

Transportation,  Prohibition  of  —  of  Unlaw- 
ful Production 

Petroleum  Equipment  Industry  and  Trade 
(American) 

Pewter,  Chromium  Plate,  and  Miscellaneous  — 
Division.     {See  Silverware  Manufacturing.) 


Date 

Volume 

7-30-34 

XIV 

12-18-33 
12-30-33 

IV 
IV 

7-12-34 

2-17-34 

12-18-33 

XIII 

VII 

IV 

12-  7-33 

III 

11-  8-33 

II 

5-17-34 
5-  3-34 

XI 
IX 

5-26-34 
4-  4-34 
5-19-34 
8-  8-34 

X 
IX 

X 
XV 

1-12-34 

V 

2-26-34 

VII 

2-17-34 

VII 

3-23-34 

VIII 

3-  3-34 

VII 

7-15-34 
8-19-33 
8-29-83 

V 

I 
I 

7-26-34 

XIV 

7-11-33 

I 

7-11-33 

I 

11-  2-33 

II 

421 

243 
559 


575 
163 
233 

577 
599 


467 
567 

397 

55 

581 

201 

99 


259 
109 
435 


726 


763 
147 
730 


572 
713 
714 
339 


807 


Industry 


Volume 


Page 


Photo-Engraving 

Amendment,  No.  1 

Continuing  in  effect  as  a  separate  code 

Photographic  and  Photo  Finishing 

Commercial  Photography  Division 

Photo  Finishing  Division 

Portrait  Photography  Division 

Code  Authority,  Extension  of  time  for  elec- 
tion of  permanent 

Photographic  Manufacturing 

Photographic  Mount 

Photo-Lithographing.     {See  Graphic  Arts.) 

Piano  Manufacturing 

Pickery,  Cotton  (see  also  Cotton  Pickery) 

Picture  Frame.  (See  Picture  Moulding  and  Pic- 
ture Frame.) 

Picture,  Motion  (see  also  Motion  Picture) 

Picture,  Motion  —  Laboratory  (see  also  Motion 

Picture  Laboratory) 

Picture  Moulding  and  Picture  Frame 

Empty  Picture  Frame  Division 

Finished  Moulding  Division 

Fitted  Picture  Frame  Division 

Metal  and  Metal  Frame  Division 

Raw  Moulding  Division 

Amendment,  No.  1 

Picture  Publishing  and  Picture  Importers.     (See 

Graphic  Arts.) 
Pie  Bakers'  Division.     (See  Baking.) 
Piece  Goods  Selling  Division.     (See  Wool  Textile 

Amendment,  No.  1.) 
Pigments,  Lead  —  Division.     (See  Lead.) 
Piling,  Pole  and  —  Division.     (See  Lumber  and 

Timber  Products  Amendment,  No.  12.) 
Pillow,  Novelty  Curtain,  Draperies,  Bedspreads, 
and  Novelty   (see  also  Novelty  Curtain,   Dra- 
peries, Bedspreads  and  Novelty  Pillow) 

Pin,  Dowel  —  Manufacturing  (see  also  Dowel  Pin 

Manufacturing) 

Pine,  Northern  —  Division.     (See  Lumber  and 

Timber  Products.) 
Pin,  Wooden  Insulator  —  and  Bracket  Manufac- 
turing   (see   also    Wooden    Insulator   Pin   and 

Bracket  Manufacturing) 

Pipe,  Adjustable  —  Wrenches  Division.  (See 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  15.) 
Pipe,  Cast  Iron  Pressure  (see  also  Cast  Iron  Pres- 
sure Pipe) 

Pipe,  Cast  Iron  Soil  (see  also  Cast  Iron  Soil  Pipe) 

Pipe,  Concrete  —  Manufacturing  (see  also  Con- 
crete Pipe  Manufacturing) 

Pipe,  Corn  Cob  (see  also  Corn  Cob  Pipe) 

Pipe,  Industry  of  Wholesale  Plumbing  Products, 
Heating  Products  and/or  Distributing  —  Fit- 
tings and  Valves  (see  also  Industry  of  Whole- 
saling Plumbing  Products,  Heating  Products 
and/or  Distributing  Pipe,  Fittings,  and  Valves).. 

Pipe  Nipple  Manufacturing 

Amendment,  No.  1 

Pipe  Organ 


12-23-33 
8-21-34 
4-21-34 
3-23-34 
3-23-34 
3-23-34 
3-23-34 

5-31-34 
8-19-33 
2-17-34 

11-  4-33 
5-17-34 


11-27-33 

9-  7-33 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
8-23-34 


11-  1-33 
5-22-34 

3-16-34 


12-30-33 
9-  7-33 

12-30-33 
8-  7-34 


8-25-34 

11-27-33 

8-13-34 

1-16-34 


IV 
XV 

IX 
VIII 
VIII 
VIII 
VIII 

XI 

I 

VII 

II 
X 


III 

I 
V 
V 
V 
V 
V 
V 
XV 


II 

X 

VIII 


IV 

I 

IV 
XV 


XV 

III 

XV 
V 


429 
403 
929 
449 
449 
449 
449 

805 
209 

97 

435 

227 


215 

299 
175 
175 
175 
175 
175 
175 
415 


263 
329 

115 


579 
259 

497 
13 


163 
379 
287 
203 


808 


Code 

No. 


225 


136 


Industry 


Volume 


359 


247 


390 


86 
276 


115 

63 


204 


Pipe,    Smoking   —    Manufacturing   —    (see    also 
Smoking  Pipe  Manufacturing) 

Pipe  Tool  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
47) 

Pipe,  Vitiified  Clay  Sewer — Manufacturing  (see 
also  Vitrified  Clay  Sewer  Pipe  Manufacturing)  _ 

Pipe,  Warm  Air  —  and  Fittings  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  31) 

Piping,  Heating  —  and  Air  Conditioning  Con- 
tractors' (see  also  Construction  Supplement, 
No.  16) 

Plan  for  completion  of  Code  Making  (see  also  Code 
Making) 

Planning  and  Adjustment  Board,  Appointing 
Chairman  for  the  —  for  Construction 

Planning  and  Fair  Practice  Agency.  (*See  Ship- 
building and  Shiprepairing  Amendment,  No.  1.) 

Plastering  and  Lathing  Contracting  (see  also  Con- 
struction Supplement,  No.  14) 

Plastic  Products,  Preformed  (see  also  Preformed 
Plastic  Products) 

plastic  Refractories  Division.     {See  Refractories.) 

Plated.     {See  Silverware  Manufacturing.) 

Plate,  Food  Dish  and  Pulp  and  Paper  (see  also 
Food  Dish  and  Pulp  and  Paper  Plate) 

Plate,  Pewter,  Chromium  —  and  Miscellaneous 
Division.     {See  Silverware   Manufacturing.) 

Plate,  Steel  —  Fabricating  (see  also  Steel  Plate 
Fabricating) 

Plate,  Trade  Lithographic  —  Making.  {See 
Graphic  Arte.) 

Plating,  Electro  —  and  Metal  Polishing  and  Metal 
I'inishing  (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  46) 

Playing  Cards.     (*See  Graphic  Art.) 

Playthings,  Toy  and  (see  also  Toy  and  Playthings) 

Pleating,  Stitching,  and  Bonnaz  and  Hand  Em- 
broidery   

Amendment,  No.  1 

Pledge,  Providing  for  the  design  and  use  of  insig- 
nia, specifying  —  to  be  signed,  and  appointing 
National  Committee  for  Sheltered  Workshops. 

Pliers,  Adjustable  Wrenches  and  —  Division. 
(>See  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  15.) 

Plug,  Wood  (see  also  Wood  Plug) 

Plumbago  Crucible 

Plumbing  Contracting  (see  also  Construction  Sup- 
plement, No.  9) 

Plumbing  Fixtures 

Enameled  Cast  Iron  Plumbing  Fixtures  Divi- 
sion  

Sanitary  Brass  Plumbing  Pittings  Division 

Sanitary  Seats  Division 

Vitreous  China  Plumbing  Fixtures  Division. 

Amendment,  No.  1 

Amendment,  No.  2 

Range  Boiler  Manufacturing 


1-23-34 

8-23-34 
11-27-33 

5-18-34 

7-25-34 
7-10-34 
6-  6-34 

6-27-34 
3-23-34 

2-  1-34 

4-  6-34 


8-22-34 

11-  4-33 

2-10-34 
7-12-34 

5-11-34 


11-14-33 

III 

10-23-33 

11 

5-15-34 

X 

1-13-34 

V 

1-13-34 

V 

1-13-34 

V 

1-13-34 

V 

1-13-34 

■    V 

1-31-34 

V 

4-23-34 

X 

4-23-34 

X 

XV 

III 

XI 

XIV 

XIII 

XI 

XII 
VIII 

VI 

IX 


XV 

II 

VI 
XIII 

X 


809 


Industry 


Plumbing,  Industry  of  Wholesale  —  Products, 
Heating  Products  and/or  Distributing  Pipe, 
Fittings  and  Valves  (see  also  Industry  of  Whole- 
sale —  Products,  Heating  Products  and/or 
Distributing  Pipe,  Fittings,  and  Valves 

Pole  and  Piling  Division.  (See  Lumber  and  Tim- 
ber Products  Amendment,  No.  12.) 

Polish,  Furniture  and  Floor  Wax  and  (see  also 
Furniture  and  Floor  Wax  and  Polish) 

Polishing,  Buffing  and  —  Composition  (see  also 
Buffing  and  Polishing  Composition) 

Polishing,  Dry  and  - — ■  Mop  Manufacturing. 
(See  Dry  and  Polishing  Mop  Manufacturing) __. 

Polishing, "^  Electro  Plating  and  Metal  —  and 
MetalFinishing.  (See  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Supplement,  No.  46) 

Polishing  Wheel,  Buff  and  (see  also  Buff  and 
Polishing  Wheel) 

Polish,  Shoe  and  Leather  Finish  — ,  and  Cement 
Manufacturing  (see  also  Shoe  and  Leather 
Finish,  Polish,  and  Cement  Manufacturing) 

Polo.     (See  Athletic  Goods  Manufacturing.) 

Porcelain  Breakfast  Furniture  Assembling 

Amendment,  No.  1 

Porcelain,  Chinaware  and  —  Manufacturing 
(see  also  Chinaware  and  Porcelain  Manufactur- 
ing)   

Porcelain  Enameling  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  13) 

Portable  Electric  Lamp  and  Shade  (see  also  Elec- 
trical Manufacturing  Supplement,  No.  2) 

Portable  Elevator,  Lift  Truck  and  —  Manufac- 
turing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  36) 

Portrait  Photography  Division.  (See  Photo- 
graphic and  Photo  Finishing.) 

Posters.      (See  Graphic  Arts.) 

Post  Hole  Digger,  Shovel  and  —  Division.  (See 
Tool  and  Implement  Manufacturing  Industry 
Supplement.) 

Pottery  Supplies  and  Backwall  and  Radiant 

Powder  Puff... 

Power  and  Gang  Lawn  Mower  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  12) 

Powers,  Delegating.  (See  Administration;  Na- 
tional Industrial  Recovery.) 

Power  Transmission  (see  also  Machinery  and  Al- 
lied Products  Supplement,  No.  25) 

Precious  Jewelry  Producing 

Amendment,  No.  1 

Preformed  Plastic  Products 

Amendment,  No.  1 

Preserve,  Maraschino  Cherry  and  Glace  Fruit 

Preserving,  Wood  (see  also  Wood  Preserving) 

President's  Reemployment  Agreement: 

Exception   for  retail  and   service  trades  in 
towns  of  less  than  2,500  population 

86360—34 42 


Date 


8-25-34 

1-23-34 
11-  4-33 
12-15-33 

8-22-34 
11-  4-33 

12-30-33 

1-30-34 
7-27-34 

11-27-33 

3-31-34 
6-27-34 

6-23-34 


2-16-34 
1-17-34 


3-26-34 


7-  6-34 
11-27-33 
6-26-34 
3-23-34 
6-23-34 
6-  8-34 
7-13-34 


5-15-34 


Volume 


XV 
V 

II 

IV 
XV 

II 

IV 

V 
XIV 

III 

IX 

XII 

XII 


VI 
V 


VIII 


XIII 

III 

XI 

viir 

XII 

XI 

XIII 


X 


163 

381 
501 
141 

585 
491 

485 

587 
183 

273 

749 
501 

461 


539 
273 


837 


509 
365 
305 
409 
295 
241 
85 


952 


810 


Industry  Date 


President's  Reemployment  Agreement — Contd. 
Exempting  employers  in  towns  of  less  than 

2,500  population 10-23-33 

Extension  of  the 4-14-34 

Extension  to  Apr.  30,  1934 12-19-33 

Modification 10-  3-33 

Motor  Vehicle  Retailing  Trade,  Exemption 
of  employers  in  towns  under  2,500  popula- 
tion       5-29-34 

Service  Trades,  Supplementary  rules  and  reg- 
ulations for  employers  in  towns  of  less  than 

2,500  population 8-  6-34 

Pressed     Glassware     Division.     {See     American 

Glassware.) 
Press,  Mechanical  —  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No. 

27) 7-  9-34 

Press,  Newspaper  Printing   {see  also  Newspaper 

Printing  Press) 3-  5-34 

Pressure,  Cast  Iron  —  Pipe  {see  also  Cast  Iron 

Pressure  Pipe) 12-30-33 

Pretzel 8-11-34 

Printer's  Rollers 11-  8-33 

Amendment,  No.  1 7-20-34 

Printing  Equipment  Industry  and  Trade 2-  2-34 

Amendment,  No.  1 7-14-34 

Printing  Ink  Manufacturing 3-1&-34 

Printing  Machine  Operation.     {See  Cotton  Tex- 
tile.) 
Printing  Non- Metropolitan  Newspaper  Publish- 
ing and.     (See  Graphic  Arts.) 
Printing  Press,  Newspaper   {see  also  Newspaper 

Printing  Press) 3-  5-34 

Printing,   Rayon  and  Silk  Dyeing  and   {see  also 

Rayon  and  Silk  Dyeing  and  Printing) 12-21-33 

Temporary  Code  Approved 7-22-33 

Print  Roller  and  Print  Block  Manufacturing 3-26-34 

Amendment,  No.  1 8-10-34 

Print,  Textile  —  Roller  Engraving  {see  also  Tex- 
tile Print  Roller  Engraving) 3-  8-34 

Prison  Equipment  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  39) 7-  5-34 

Prison  Industries,  Compact  of  Fair  Competition 

for  the  —  of  the  United  States  of  America 4-19-34 

Private  Home  Study  School 5-31-34 

Procedure,  Providing  complaint  —  through  "offi- 
cially authorized"  Code  Authorities 5-12-34 

Processed  or  Refined  Fish  Oil 8-  8-34 

Processing,  Rug  Chemical  —  Trade  (see  also  Rug 

Chemical  Processing  Trade) 3-23-34 

Processing,  Textile  {see  also  Textile  Processing) 1-30-34 

Producers,  Fire  Clay  —  Division.     (»See  Refrac- 
tories.) 
Proofing,    Automobile   Fabrics  —   and    Backing 
Division.     {See  Rubber  Manufacturing.) 

Public  Seating 7-10-34 

Publishing,    Daily    Newspaper  —   Business    (see 

also  Daily  Newspaper  Publishing  Business) 2-17-34 

Publishing,  Non-Metropolitan  Newspaper  —  and 
Printing.     {See  Graphic  Arts.) 


Volume 


II 
IX 
XV 

I 


XI 
XV 

XIII 

VII 

IV 
XV 

II 

XIII 

VI 

XIII 

VIII 


VII 

IV 

I 

VIII 
XV 

VII 


XII 

IX 
XI 

X 

XV 

VIII 
V 


XIII 
VII 


Page 


699 
881 
623 
734 


803 
631 

535 

473 

579 
87 
611 
449 
151 
315 
127 


473 

311 
718 
541 
237 

539 


561 

731 
45 

964 
39 

365 
539 


1 
69 


811 


Code 
No. 


474 
216 


247 
120 


26 


57 
316 


Puerto  Rico,  Needlework  Industry  of  (see  also 
Needlework  Industry  of  Puerto  Rico) 

Puff,  Powder  (see  also  Powder  Puff) 

Pulp  and  Paper  Machinery  Subdivision.  (See 
Machinery  and  Allied  Products  Amendment, 
No.  4.) 

Pulp  and  Paper  Machinery  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  42) 

Pulp  and  Paper  Mill  Wire  Cloth  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  44) 

Pulp,  Food  Dish  and  —  and  Paper  Plate  (see  also 
Food  Dish  and  Pulp  and  Paper  Plate) 

Pulp,  Paper  and  (see  also  Paper  and  Pulp) 

Pulverizing  Machinery  and  Equipment  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  15) 

Pulverizing  Machinery  Equipment  Subdivision. 
{See  Machinery  and  Allied  Products.) 

Pump,  Contractors'  (see  also  Machinery  and  Allied 
Products  Supplement,  No.  11) 

Pump,  Gasoline  —  Manufacturing  (see  also  Gaso- 
line Pump  Manufacturing) 

Pumping  Engine,  Oil  Field  —  Manufacturing  (see 
also  Machinery  and  Allied  Products  Supple- 
ment, No.  35) 

Pump  Manufacturing 

Punchboard  Manufacturing 

Pyrethrum-Retonone  Group.  (See  Chemical  Man- 
ufacturing Supplement,  No.  1.) 

Pyrotechnic  Manufacturing 

Quarrying,  Marble  —  and  Finishing  (see  also 
Marble  Quarrying  and  Finishing) 

Quicksilver 

Quilting  Division.  (See  Light  Sewing  Industry 
Except  Garments.) 

Quotations,  Exemption  for  —  made  to  govern- 
mental agencies  for  Codes  of  Fair  Competition 
(see  also  Governmental  Agencies,  Quotations  to)  _ 

Rabbit  Dealing  Division.  (See  Fur  Dealing 
Trade.) 

Rabbit  Dressers  Division.  (See  Fur  Dressing  and 
Fur  Dyeing.) 

Racquets.     (See  Athletic  Goods  Manufacturing.) 

Radiant,  Pottery  Supplies  and  Backwall  and  (see 
also  Pottery  Supplies  and  Backwall  and  Radi- 
ant)   

Radiator,  Cast  Iron  Boiler  and  Cast  Iron  (see  also 
Cast  Iron  Boiler  and  Cast  Iron  Radiator) 

Radiator,  Nonferrous  and  Steel  Convector  Manu- 
facturing (Concealed  —  Industry) 

Radio  Broadcasting 

Radio  Division.  (See  Wholesaling  or  Distribut- 
ing Trade.) 

Radio  Wholesaling  Trade  (see  also  Wholesaling  or 
Distributing  Trade  Supplement,  No.  7) 

Rag,  Cotton  —  Trade  Division.  (See  Scrap  Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 
Trade.) 

Railroad  Cross  Tie  Division.  (See  Lumber  and 
Timber  Products,  Amendment,  No.  6.) 


Date 

Volume 

6-28-34 
1-17-34 

XII 
V 

8-11-34 

XV 

7-30-34 

XIV 

2-  1-34 
11-17-33 

VI 

III 

6-  9-34 

XI 

6-  5-34 

XI 

9-18-33 

I 

7-25-34 

10-11-33 

3-  2-34 

XIV 

I 

VII 

12-17-33 

III 

5-  9-34 
3-21-34 

X 
VIII 

6-12-34 

XII 

2-16-34 

VI 

2-  3-34 

VI 

2-10-34 
11-27-33 

VI 

III 

4^21-34 

X 

175 
273 


501 


421 

29 
115 


723 

631 
349 


357 
673 
439 


591 

57 
303 


625 


539 

173 

341 
353 

611 


812 


Code 
No. 


385 


Industry 


Railroad  Special  Track  Equipment  Manufacturing 

Railway  and  Industrial  Spring  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  2) 

Railway  Appliance  Manufacturing  (see  also 
Machinery  and  Allied  Products  Supplement, 
No.  39) 

Railway  Brass  Car  and  Locomotive  Journal  Bear- 
ings and  Castings  Manufacturing 

Railway  Car  Appliances  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No.  5) . 

Railway  Car  Building 

Amendment,  No.  1 

Railway  Safety  Appliance 

Rainwear  Division.  {See  Rubber  Manufactur- 
ing.) 

Range  Boiler  Manufacturing.  {See  Plumbing 
Fixtures  Amendment,  No.  2.) 

Ratchet  and  Miscellaneous  Wrenches  Division. 
{See  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  15.) 

Raw  Moulding  Division.  (*See  Picture  Moulding 
and  Picture  Frame.) 

Raw  Peanut  Milling 

Rayon  and  Silk  Dyeing  and  Printing 

Amendment,  No.  1 

Rayon  and  Synthetic  Yarn  Producing 

Amendment,  No.  1 

Rayon,  Cotton  and  —  Tubular  Knit  Goods  Dyers 
and  Finishers  Division.  {See  Textile  Proc- 
essing Amendment,  No.  3.) 

Temporary  code  approved 

Rayon,  Temporary  placing  of  —  Weaving  In- 
dustry under  the  Cotton  Textile  Industry 

Razor,  Safety  —  and  Safety  Razor  Blade  Manu- 
facturing (see  also  Safety  Razor  and  Safety 
Razor  Blade  Manufacturing) 

Razor,  Straight  —  Section.  (<See  Cutlery,  Mani- 
cure Implement  and  Painters  and  Paperhangers 
Tool  Manufacturing  and  Assembling  Supple- 
ment, No.  10.) 

Ready-Made  Furniture  Slip  Covers  Manufactur- 


ing- 


Ready  Mixed  Concrete 

Amendment,  No.  1 

Real  Estate  Brokerage 

Rebuilders  Division.     {See  Sewing  machine.) 
Rebuilding,  Shoe  —  Trade  (see  also  Shoe  Rebuild- 
ing Trade) 

Reclaimed  Rubber  Manufacturing 

Recovery.  {See  Administration;  National  In- 
dustrial Recovery.) 

Rectifying,  Distilled  Spirits 

Red  Cedar  Shingle  Division.  {See  Lumber  and 
Timber  Products.) 

Reduction  Machinery  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  18) 

Redwood  Division.  {See  Lumber  and  Timber 
Products.) 

Reel,     Clotla  (see  also  Cloth  Reel) 

Refined,  Processed  or  —  Fish  Oil  {see  also  Pro- 
cessed or  Refined  Fish  Oil) 


Date 

4-  6-34 
4-23-34 

8-  1-34 
1-2^34 


2-  9-34 
2-16-34 
4-  2-34 
1-12-34 


1-12-34 
12-21-33 
6-  7-34 
8-26-33 
3-28-34 


7-22-33 
7-14-33 

7-21-34 


2-16-34 
2-27-34 
7-11-34 
4-  9-34 


3-27-34 
4-  2-34 


5-  3-34 

6-11-34 

2-17-34 

8-  8-34 


Volume 

IX 
X 

XIV 
V 


VI 

VI 

IX 

V 


V 
IV 
XI 

I 

IX 


XIII 


VI 

VTI 

XIII 


Page 

165 
629 

523 
511 


637 

551 

669 

33 


IX 


VIII 
IX 


IX 

XI 

VII 
XV 


99 
311 
411 
223 
629 


718 
19 

203 


527 
371 
269 
259 


593 
41 


739 

775 

85 
39 


813 


Industry 


Refiners,  Candle  Manufacturing  Industry  and  the 
Beeswax  and  Bleachers  (see  also  Candle  Manu- 
facturing   Industrj'    and    the     Beeswax    and 

Bleachers  Refiners) 

Refining,  Lead  Smelting  and  —  Division.     (See 

Lead.) 
Refining,  Smelting  and  —  of  Secondary  Metals 
into  Brass  and  Bronze  Alloys  in  Ingot  Form 
(see  also  Smelting  and   Refining  of  Secondary 
Metals  into  Brass  and  Bronze  Alloys  in  Ingot 

Form) 

Refinishing,  Textile  Examining,  Shrinking  and 
(see  also  Textile  Examining,  Shrinking  and  Re- 
finishing)  

Refractories 

Basic  Refractories  Division 

Fire  Clay  Producers  Division 

Fire  Clay  Refractories  Division 

Glass  House  Refractories  Division 

High  Temperature  Bonding  Mortars  Division 
Ladle  and  Hot  Top  Refractories  Division  — 

Locomotive  Arch  Refractories  Division 

Plastic  Refractories  Division 

Silica  Refractories  Division 

Sleeve,  Nozzle,  and  Runner  Brick  and  Tu- 
yeres Division 

Special  Refractories  Division 

Suspended  Walls  and  Arches  Division 

Amendment,  No.  1 

Refrigerated  Warehousing 

Refrigerating  Machinery  (see  also  Machinery  and 

Allied  Products  Supplement,  No.  36) 

Refrigeration  (see  also  Electrical  Manufacturing 

Supplement,  No.  1) 

Refrigerator,   Commercial   (see  also  Commercial 

Refrigerator) 

Refrigerator,  Household  Ice  (see  also  Household 

Ice  Refrigerator) 

Register,  Warm  Air  (see  Warm  Air  Register) 

Regulations.  (*See  Administration;  Codes  of  Fair 
Competition;  National  Industrial  Recovery.) 

Reinforcing  Materials  Fabricating 

Relief,   Commercial  —  Printing.     (See  Graphic 

Arts.) 
Repairing,  Boatbuilding  and  Boat  (see  also  Boat- 
building and  Boat  Repairing) 

Replacement  Axle  Shaft  Manufacturing  (see  also 
Automotive  Parts  and  Equipment  Manufactur- 
ing Supplement,  No.  2) 

Resilient  Flooring  Contracting  (see  Construction 

Supplement,  No.  10) 

Restaurant 

Amendment,  No.  1 

Hours  exemptions,  Granting  limited 

Summer  camps.    Child   Labor    (Wages   and 

Hours)  in  non-profit-making 

Retail  Drug  Trade 

Retail  Bakers'  Division.     (See  Baking.) 

Retail  Farm  Equipment  Trade 

Amendment,  No.  1 

Retail  Food  and  Grocery  Trade 

Amendment,  No.  1 

Labor  Provisions 


Date 


2-20-34 


12-21-33 

8-  6-34 
12-18-33 
12-18-33 
12-18-33 
12-18-33 
12-18-33 
12-18-33 
12-18-33 
12-18-33 
12-18-33 
12-18-33 

12-18-33 

12-18-33 

12-18-33 

4-28-34 

8-  8-34 

7-30-34 

6-  9-34 

12-23-33 

12-30-33 
6-28-34 

11-27-33 


4r-24-34 


7-  3-34 

5-20-34 
2-16-34 
4-  4-34 
6-  2-34 

5-26-34 
10-21-33 

1-  6-34 
6-  7-34 

12-30-33 
4-  4-34 

11-15-33 


Volume 


VII 


IV 

XV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 

IV 

IV 

IV 

X 

XV 

XIV 

XI 

IV 

IV 
XII 

III 


IX 


XII 

XI 
VI 
IX 

XI 

X 

II 

V 
XI 
IV 
IX 

III 


243 


325 

1 

255 
255 
255 
255 
255 
255 
255 
255 
255 
255 

255 
255 
255 
491 
25 

435 

715 

441 

473 
145 

285 


467 


533 

569 
507 
677 
809 

991 
27 

17 
417 
457 
681 
633 


814 


Code 
No. 

Industry 

Date 

Volume 

Page 

182 

Retail  Food  and  Grocery  Trade — Continued. 

Meat  at  retail,  Exemption  for  selling 

Meat  sales,  Modification  of  exemption  for 

Scrip,  Stay  of  Code  provisions  relevant  to 

Transportation  charges,  Stay  for  method  of 
computing                . 

6-  2-34 
6-20-34 
6-13-34 

5-25-34 

3-21-34 

10-  3-33 

11-27-33 

7-20-34 

6-13-34 

4-30-34 

2-28-34 

10-  3-33 
1-12-34 
7-18-34 

1-  5-34 

8-  2-34 

4-  5-34 
6-27-34 

4-  9-34 
3-26-34 

6-  4-34 

5-  1-34 

6-28-34 

7-16-34 

5-  3-34 

8-22-34 
&-14-34 

8-24-34 
2-14-34 
7-13-34 

6-27-34 

6-21-34 

7-  7-34 

5-28-34 
6-19-34 

6-23-34 
7-12-34 

XI 
XII 
XII 

X 

VIII 

I 
III 

XIII 
XII 

IX 

VII 

I 

V 
XIII 

V 

XIV 

IX 
XII 

IX 
VIII 

XI 

IX 

XII 

XIII 
IX 

XV 

XII 

XV 

VI 

XIII 

XII 

XII 

XIII 

XI 
XII 

XII 
XIII 

811 
648 
630 

984 

Wages   of   labor.    Approving   allowance   for 
actual     

871 

46 

Retailing,    Motor  Vehicle  —  Trade   {see  Motor 
Vehicle  Retailing  Trade) 

563 

14? 

Retail  Jewelry  Trade                                     -  - 

517 

Amendment,  No.  1 _   __    

455 

Scrip,  Stay  of  Cede  provisions  relevant  to 

Scrip,  Stay  of  effective  date  for  the  discon- 
tinuing of                     _       _-       -- 

630 
945 

Stay  of  effective  date  of  Article  VIII,  Section 
4  for  the  ■ — -Trade.-      _    

7^3 

33 

Retail  Lumber,  Lumber  Products,  Building  Mate- 
rials and  Building  Specialties 

417 

Amendment,  No.  1 

673 

Amendment,  No.  2     _ 

403 

Costs,  Temporary  modification  of  metliod  of 
computing  —  for  the  —  Industry 

765 

Modal  Costs,  Modifying  previous  Orders  rele- 
vant to 

597 

Overhead  costs.  Approving  method  for  com- 
puting -                                                   -        _    - 

897 

366 

Overhead  Costs,  Modifying  approval  of 

Price  provisions.  Stay  of  —  on  merchandise 

shipped  from  mill  to  the  consumer 

Retail  Monument      _   _ 

667 

909 
511 

454 

Retail,  Optical  —  Trade  (see  also  Optical  Retail 
Trade).    _       ____             _._     ____ 

149 

410 

Retail  Rubber  Tire  and  Battery  Trade 

519 

Bids   for    Governmental    Agencies,    Staj'    of 
Order    pertaining  to           _        _____ 

676 

Contracts,  Government  —  and  contracts  in- 
volving the  use  of  government  funds.  Modi- 
fying previous  Order  relevant  to     _ 

755 

Cost,  Declaration  of  emergency  and  determi- 
nation of  lowest  reasonable 

950 

Cost,  Declaration  of  emergency  and  revised 

determination  of  lowest  reasonable 

Guarantee  or  Warranty  provision.  Stay  of 

Quotations  and  sales  to  governmental  agen- 
cies. _ _ 

685 
632 

727 

?80 

Retail  Solid  Fue]___        _   _           _   _     _ 

469 

Amendment,  No.  1 ___ 

303 

Bids,  Staying  application  of  Order  relevant 
to  —  Rendered  to  governmental  agencies-  _ 

Code  Authorities,  Appointment  of  Adminis- 
tration Members  on  Coordination  Boards 
of  the  Several  . _       _____ 

665 

655 

Expenses  of  Code  Administration,  Exemption 
relevant  to  collection  of                    _    _          _ 

725 

Sales   to    hospitals.    Disallowing   special   ex- 
em  ptinnp  for 

791 

466 

Retail  Tobacco  Trade.         _         _         _       _   __ 

35 

Hours,  Wages,  and  Merchandising  Plan,  Ex- 
tending stays  provided  in  order  of  code 
approval  relevant  to                                  _   _  . 

661 

Prices,  Determination  of  basis  for  fixing  mini- 
mum   

745 

815 


Industry 


Volume 


Retail  Trade 

Amendment,  No.  A-1 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Exception,  Temporary  —  for  members  under 

Article  V,  Section  4  (d)  and  6 

Extension  of  effective  date 

Overtime  work  allowed  for  inventory  purposes- 
Prices,  Regulations  governing  minimum 

Sale   of    Soap,    Temporary   exemption   from 
compliance  with  Section  6,  Schedule  A  for__ 

Scrip,  Staj'  of  Code  provisions  relevant  to 

Selling  price,  Allowance  in  —  for  wages  of 

store  labor 

Supplement,  No.  1.  for  Booksellers  Trade 

Wage  provisions.  Stay  of  Minimum  —  as  to 
outside  salesmen  and  drug  store  delivery 

employees  for  the 

Review  Board,  Creation  of  the  National  Recovery. 
Review  Board,  Funds  for  the  National  Recovery.  _ 
Reworked    Wool    Division.      {See    Wool    Textile 

Amendment,  No.  1.) 
Ribbon,  Cellulose —  Division.      {See  Transparent 

Materials  Converters.) 
Ring,  Hog  —  and  Ringer  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 

No.  32) : 

River  and  Harbor  Improvement 

Amendment,  No.  1 

Road  Machinery  Manufacturing 

Amendment,  No.  1 

Robe  and  Allied  Products 

Amendment,  No.  1 

Expenses,  Extending  time  within  which  Code 
Authority  shall  submit  plan  for  equitable 

allocation  of 

Robe,    Motor  —    Division.      {See   Light   Sewing 

Industry  Except  Garments.) 
Rock  and  Ore  Crusher  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  17) 

Rock  and  Slag  Wool  Manufacturing 

Amendment,  No.  1 

Hazardous  occupations,  Approving  a  list  of 

Rock  Crusher  Manufacturing 

Rock,  Soft  Lime  {see  also  Soft  Lime  Rock) 

Rod,  Lightning  —  Manufacturing  {see  also  Light- 
ning Rod  Manufacturing) 

Rod,  Wire  — ,  and  Tube  Die  {see  also  Wire,  Rod 

and  Tube  Die) 

Roller  and  Silent  Chain  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  24) 

Roller  Engraving,  Textile  Print  {see  also  Textile 

Print  Roller  Engraving) 

Roller,  Print  —  and  Print  Block  Manufacturing 
{see  also  Print  Roller  and  Print  Block  Manu- 
facturing)   

Rollers,  Printers'  {see  also  Printers'  Rollers) 

Rolling  Mill  Machinery  and  Equipment  {see  also 
Machinery  and  Allied  Products  Supplement, 
No.  14) 


10-21-33 

12-  4-33 

2-12-34 

3-29-34 

8-23-34 

1-18-34 

11-27-33 

7-26-34 

4-19-34 

6-15-34 
6-13-34 

4-  5-34 
4-13-34 


11-  8-33 
3-  7-34 
3-  9-34 


II 

IX 

VI 

IX 

XV 

V 

III 

XIV 

IX 

XII 
XII 

IX 
IX 


IV 
VII 
VII 


5-22-34 

XI 

5-18-34 

X 

7-  2-34 

XII 

10-31-33 

II 

4-26-34 

X 

1-16-34 

V 

4-26-34 

X 

8-   3-34 

XIV 

6-11-34 

XI 

3-  6-34 

VII 

7-18-34 

XIII 

8-  4-34 

XIV 

11-  1-33 

II 

5-  7-34 

X 

4-19-34 

IX 

2-  1-34 

VI 

7-  5-34 

XII 

3-  8-34 

VII 

3-26-34 

VIII 

11-  8-33 

II 

6-  7-34 

XI 

816 


Code 
No. 

Industry 

Date 

Volume 

Page 

171 

Rolling,   Steel   and  —    Mill   Castings    Division. 

{See  Non-Ferrous  Foundry.) 
Rolling  Steel  Door                     _ 

12-21-33 

5-10-34 

11-  6-33 

4-  6-34 
3-31-34 

5-  4-34 
12-15-33 

12-15-33 
12-1.5-33 
12-15-33 
12-15-33 
12-15-33 
12-15-33 
12-15-33 
12-15-33 
12-15-33 
4-30-34 

4-  2-34 

12-21-33 

5-  1-34 

1-12-34 
3-23-34 

1-17-34 
2-12-34 

10-14-33 
2-17-34 

10-  3-33 
5-18-34 
8-  1-34 

IV 

X 

II 

IX 
IX 

XI 
IV 

IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
X 

IX 

IV 
IX 

V 
VIII 

V 
VI 

VI 
VII 

I 

X 

XIV 

?Q7 

Roll,  Transparent  Sheet  and  —  Division.     {See 
Transparent  Materials  Converters.) 

Roofing  and  Sheet   Metal  Contracting   {see  also 
Construction  Supplement,  No.  8) 

817 

99 

Roofing,  Asphalt  Shingle  and  —  Manufacturing 
{see  also  Asphalt  Shingle  and  Roofing  Manu- 
facturing)                                        __   _. 

5?3 

389 

Roofing,  Clav  and  Shale  —  Tile  {see  also  Clay  and 
Shale  Roofing  Tile)    _        -       -  - 

?19 

375 

Roofing  Granule  Manufacturing  and  Distributing. 
Roofing,  Slate  —  Division.     {See  Slate.) 
Rope,   Wire  —  and  Strand   Manufacturing   {see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  34)    _    

11 

557 

156 

Rubber  Manufacturing  __ 

69 

Automobile  Fabrics,   Proofing  and  Backing 
Division. _   _    _ 

84 

Hard  Rubber  Division __   __   __ 

P8 

Heel  and  Sole  Division               - 

101 

Mechanical  Rubber  Goods  Division. 

104 

Rainwear  Division     

113 

Rubber  Flooring  Division 

88 

Rubber  Footwear  Division 

93 

Rubber  Sundries  Division      _       

110 

Sponge  Rubber  Division 

108 

Amendment,  No.  1      ._   

501 

377 

Rubber,   Reclaimed  —  Manufacturing  {see  also 
Reclaimed  Rubber  Manufacturing) 

41 

174 

Rubber,  Scrap  —  Trade  Division.     {See  Scrap 
Iron,    Nonferrous    Scrap    Metals    and    Waste 
Materials  Trade.) 

Rubber  Tire  Manufacturing. _  . 

335 

410 
202 

Rubber  Tire,  Retail  —  and  Battery  Trade  {see  also 
Retail  Rubber  Tire  and  Battery  Trade) 

Rugby    Football.     {See    Athletic    Goods    Manu- 
facturing.) 

Rug,    Carpet   and   —    Manufacturing    {see   also 
Carpet  and  Rug  Manufacturing) ._ 

519 
83 

355 

Rug  Chemical  Processing  Trade       -. 

865 

Rules.     {See  Administration ;  Codes  of  Fair  Com- 
petition; National  Industrial  Recovery.) 

Rules  and  regulations  concerning  labels  bearing 
Emblems  or  Insignia  of  the  N.R.A 

778 

Rules  and  regulations  governing  the  posting  of 
labor  provisions  of  codes  of  Fair  Competition — 

Rules  and  Regulations  under  Section  10  (a)  and 
Delegation  of  Authority  under  Section  2  (b)  of 
the  National  Industrial  Recovery  Act.    

662 

646 

Rules,   Prescribing  —  and   Regulations  for  the 
Interpretation  and  Application  of  certain  Labor 
Provisions  of  Codes  of  Fair  Competition  as  they 
may  affect  Handicapped  Workers       

706 

45 

Ruling,  Trade  Binding  and  Paper.     {See  Graphic 

Arts.) 
Runner  Brick,  Sleeve,  Nozzle,  and  —  and  Tuyeres 

Division.     {See  Refractories.) 
Saddlery  Manufacturing                   

551 

Amendment,  No.  1 

575 

Amendment,  No.  2 

245 

817 


Industry 


Safe,  Fire  Resistive  —  Division.  (See  Business 
Furniture,  Storage  Equipment  and  Filing  Sup- 
ply Amendment,  No.  1.) 

Safe,  Fire  Resistive  (see  also  Business  Furniture, 
Storage  Equipment  and  Filing  Supply  Supple- 
ment, No.  1) 

Safety  and  Health  Standards,  Force  of  provisions 
subsequent  to  approval  by  the  Administrator- 
Safety  Equipment,  Industrial  —  Industry  and  In- 
dustrial Safety  Equipment  Trade  (see  also  In- 
dustrial Safety  Equipment  Industry  and  Indus- 
trial Safety  Equipment  Trade) 

Safety,  Railway  —  Appliance  (see  also  Railway 
Safety  Appliance) 

Safety  Razor  and  Safety  Razor  Blade  Manufac- 
turing  

Sales,  Granting  limited  exemption  from  provi- 
sions of  Codes  of  Fair  Competition  in  connection 
with  —  to  Hospitals 

Sales,  Granting  permanent  stay  of  exemption 
from  Codes  of  Fair  Competition  in  connection 
with  —  to  Hospitals  for  certain   Industries 

Sales,  Stay  of  order  granting  limited  exemption 
from  provisions  of  Codes  of  Fair  Competition  in 
connection  with  —  to  hospitals 

Salmon,  Canned  (see  also  Canned  Salmon) 

Salt  Producing 

Salvage,  Wrecking  and  (see  also  Wrecking  and 
Salvage) 

Sample  Card 

Sand,  Administrative  approval  of  Industrial  — 
Division  of  the  Crushed  Stone,  Sand  and 
Gravel,  and  Slag  Industries 

Sand,  Crushed  Stone  —  and  Gravel  and  Slag 
Industries  (see  also  Crushed  Stone,  Sand  and 
Gravel,  and  Slag  Industries) 

Sand-Lime  Brick 

Amendment,  No.  1 

Sand,  Miscellaneous  —  Castings  Division. 
(See  Non-Ferrous  Foundry.) 

Sandstone 

Hazardous  occupations.  Extending  time  to 
file  a  list  of 

Sanitary  and  Waterproof  Specialties  Manufac- 
turing  

Sanitary  Brass  Plumbing  Fittings  Division.  (See 
Plumbing  Fixtures.) 

Sanitary  Milk  Bottle  Closure 

Sanitary  Napkin  and  Cleansing  Tissue 

Sales  to  hospitals.  Permanent  stay  of  certain 
provisions  of  the  code  relevant  to 

Sanitary  Seats  Division.    (See  Plumbing  Fixtures.) 

Sardine,  California  —  Processing  (see  also  Fishery 
Supplement,  No.  3) 

Savings,  Building  and  Loan  Associations 

Amendment,  No.  1 

Savings,  Mutual  —  Bank  (see  also  Mutual  Savings 
Bank) 

Saw  and  Steel  Products  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Sawmill  Machinery  Subdivision.  (See  Machin- 
ery and  Allied  Products.) 


Date 


7-30-34 

XI 

6-15-34 

XII 

3-  1-34 

VII 

1-12-34 

V 

7-21-34 

XIII 

1-23-34 

V 

3-  3-34 

VII 

2-  2-34 
5-15-34 
9-  7-33 

VI 
X 

I 

3-  3-34 
2-19-34 

VII 
VII 

12-27-33 

IV 

11-10-33 
3-26-34 
7-12-34 

II 

VIII 
XIII 

4-  6-34 

IX 

6-15-34 

XII 

3-17-34 

VIII 

3-26-34 
1-12-34 

vni 

V 

5-31-34 

XI 

4-24^34 

12-21-33 

8-24-34 

X 

IV 
XV 

10-  9-33 
2-10-34 
8-10-34 
8-24-34 

I 

VI 
XV 
XV 

Volume 


818 


Industry 


Scallop,  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  PJmbroidery  Thread  and  —  Cutting 
{see  also  Schiffli,  the  Hand  Machine  Embroid- 
ery, and  the  Embroidery  Thread  and  Scallop 
Cutting) 

Scavenger,  Cinders,  Ashes,  and  —  Trade  (see  also 
Cinders,  Ashes,  and  Scavenger  Trade) 

Schiffli,  the  Hand  Machine  Embroidery,  and  the 

Embroidery  Thread  and  Scallop  Cutting _. 

Amendment,  No.  1 

School,  Private  Home  Study  (see  also  Private 
Home  Study  School) 

School  Supplies  and  Equipment  Trade  (see  also 
Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  12) 

Scientific  Apparatus 

Amendment,  No.  1 

Scientific  Glassware  Division.  {See  American 
Glassware.) 

Scissors  and  Shears  Section.  {See  Cutlery,  Mani- 
cure Implement  and  Painters  and  Paperhangers 
Tool  Manufacturing  and  Assembling  Supple- 
ment, No.  10.) 

Scourers,  Wool  —  and  Carbonizers  Division.  {See 
Wool  Textile  Amendment,  No.  1.) 

Scrap  Iron,  Nonferrous  Scrap  Metals  and  Waste 

Materials  Trade 

Cotton  Rag  Trade  Division 

Nonferrous  Scrap  Metal  Trade  Division 

Scrap  Iron  and  Steel  Trade  Division 

Scrap  Rubber  Trade  Division 

Textile  Waste  Trade  Division 

Waste  Paper  Trade  Division 

Wool  Stock  Trade  Division 

Supplement,  No.  1  for  Waste  Paper  Trade 

Prices,  Establishing  and  publishing  minimum 
net 

Screen,  AU-Metal  Insect  (see  also  All-Metal  Insect 
Screen) 

Screw,  Cap  —  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supplement, 
No.  19) 

Screw,  Machine  —  Manufacturing  (see  also  Fab- 
ricated Metal  Products  Mannufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  23) 

Screw,  Machine  —  Nut  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  20) 

Screw  Machine  Products  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  18) 

Screw,  Wood  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  24) 

Scythe  and  Snathe  Division.  (*See  Tool  and  Im- 
plement Manufacturing  Supplement,  No.  7.) 

Seal,  Gummed  Label  and  Embossed  (see  also 
Gummed  Label  and  Embossed  Seal) 


Datc 

Volume 

2- 

-  2- 

-24 

VI 

12- 

-30-33 

IV 

2- 

-  2- 

-34 

VI 

7- 

-31- 

-34 

XIV 

5- 

-31- 

-34 

XI 

7- 

-  5- 

-34 

XII 

11- 

-14-33 

III 

7- 

-20- 

-34 

XIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

3- 

-12- 

-34 

VIII 

7- 

-12- 

-34 

XIII 

8-21- 

-34 

XV 

11- 

-14-33 

III 

5-  3- 

-34 

X 

5-10-34 

X 

5 

-5- 

-34 

X 

4- 

-28-34 

X 

5-10-34 

X 

2- 

-17- 

34 

VII 

Page 


133 

569 

133 
231 

61 


599 
31 

459 


575 

682 

9 

697 

829 

733 

659 

843 

151 


819 


Code 

No. 

Industry 

Date 

Volume 

Page 

477 

Seating,  Public  (see  also  Public  Seating) 

7-10-34 

XIII 

1 

Seats,  Sanitary  —  Division.      {See  Plumbing  Fix- 

tures.) 

268 

Secondary  Aluminum 

2-  8-34 

VI 

305 

173 

Secondary,  Smelting  and  Refining  of  —  Metals 
into  Brass  and  Bronze  Alloys  in  Ingot  Form 
(see  also  Smelting  and  Refining   of   Secondary 
Metals  into  Brass  and  Bronze  Alloys  in  Ingot 

Form) 

12-21-33 

IV 

325 

478 

Secondary  Steel  Products  Warehousing  Trade 

7-10-34 

XIII 

19 

Secretary  of  Agriculture: 

Amendment  of  Executive  Order  which  Dele- 

gated to  the  —  certain  Authority  under  the 

National  Industrial  Recovery  Act 

10-20-33 

VI 

647 

Amendment  of  Executive  Orders  which  Dele- 

gated to  the  —  Certain  Authority  under 

the  National  Industrial  Recovery  Act 

1-  8-34 

VI 

649 

Code  approval,  Delegating  power  for  joint  — 

with  the  Administrator  for  Industrial  Re- 

covery  

6-29-34 

XII 

620 

Continuing  in  effect  the  Authoritv  Delegated 

to  the  —  by  Executive  Order  No.  6182 

7-21-33 

VI 

645 

Delegation  of  certain  functions  and  powers 

to 

6-26-33 

I 

712 

Secretary  of  the  Interior,  Delegation  of  authority 

under  Section  9  of  the  National  Industrial  Re- 

covery Act 

6-30-34 

XII 

623 

Securities  Engraving  and  Printing.     (See  Graphic 

Arts.) 

411 

Security  Vault,  Bank  - —  Manufacturing  (see  also 

Bank  and  Security  Vault  Manufacturing) 

5-  1-34 

IX 

539 

Selling,  Piece  Goods  —  Division.     (See  Wool  Tex- 

tile Amendment,  No.  1.) 

384 

Service,  Funeral  (see  also  Funeral  Service) 

4^  4-34 

IX 

155 

439 

Service,  Tank  Car  (see  also  Tank  Car  Service) 

5-22-34 

X 

315 

Service  Trades  or  Industries: 

Code  Committee  and  Code  Eagles 

6-28-34 

XII 

678 

Hotel   Industry,   Partial   Suspension   of  the 

Code  for  the 

6-28-34 

XII 

679 

Laundry   Trade,    Partial   suspension   of  the 

Code  for  the 

6-13-34 
6-28-34 
5-28-34 

XII 

XII 

XI 

631 

Local  codes  for  uncodified 

615 

Partial  Suspension  of  Codes  for 

797 

President's  Reemployment  Agreement,   Ex- 

ception for  retail  and  —  in  towns  of  less 

than  2,500  population  from 

5-15-34 

X 

952 

President's  Reemployment  Agreement,  Sup- 

plementary rules  and  regulations  for  em- 

ployers in  towns  of  less  than  2,500  in  pop- 

ulation from  the 

8-  6-34 

5-26-34 

12-18-34 

XV 
X 

IV 

631 

Suspension,  Partial  —  of  Codes  for 

954 

167 

Set  up  Paper  Box  Manufacturing 

243 

136 

Sewer,  Vitrified  Clay  —  Pipe  Manufacturing  (see 

also  Vitrified  Clay  Sewer  Pipe  Manufacturing)  __ 

11-27-33 

III 

445 

226 

Sewing,  Light  —  Industry  Except  Garment  (see 

also  Light  Sewing  Inustry  Except  Garments)  __ 

1-23-34 

V 

403 

402 

Sewing  Machine 

4-21-34 
4-21-34 

IX 
IX 

407 

Rebuilders'  Division 

421 

416 

Shade,    Leather   Cloth   and   Lacquered    Fabrics, 

Window  —  Cloth  and  Impregnated  Fabrics  In- 

dustries (see  also  Leather  Cloth  and  Lacquered 

Fabrics,  Window  Shade  Cloth  and  Impregnated 

Fabrics  Industries) 

5-  3-34 

IX 

607 

820 


Code 
No. 


473 


389 


383 


403 
452 


99 


Industry 


Shade,  Woven  Wood  Fabric  (see  also  Woven 
Wood  Fabric  Shade) 

Shaft,  Replacement  Axle  —  Manufacturing  (see 
also  Automotive  Parts  and  Equipment  Manu- 
facturing Supplement,  No.  2) 

Shale,  Clay  and  —  Roofing  Tile  (see  also  Clay 

and  Shale  Roofing  Tile) 

Shank,  Shoe  —  Manufacturing  (see  also  Fabri- 
cated Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  6) 

Shaping,   Wood  Turning  and  —  Industries   (see 

also  Wood  Turning  and  Shaping  Industries) 

Shaving    Brush    Manufacturers'    Division.     {See 

Brush  Manufacturing.) 
Shears,   Scissors   and  —  Section.     (See  Cutlery, 
Manicure  Implement  and  Painters'  and  Paper- 
hangers'  Tool  Manufacturing  and  Assembling 
Supplement,  No.  10.) 
Sheep    Lined    and    Leather    Garment    Division. 

(»See  Cotton  Garment  Amendment,  No.  5.) 
Sheeting.     (See  Cotton  Textile.) 
Sheet  Metal  Distributing  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 

16) 

Sheet  Metal,  Roofing  and  —  Contracting  (see  also 

Construction  Supplement,  No.  8) 

Sheet  Metal  Division.     (See  also  Wholesaling  or 

Distributing  Trade.) 
Sheet  Mica  Division.     (See  Mica.) 
Sheet,  Transparent  —  and  Roll  Division.     (See 

Transparent  Materials  Converters.) 
Shellac,    Bleached    —    Manufacturing    (see   also 

Bleached  Shellac  Manufacturing) 

Shell,  Oyster  —  Crushers  (see  also  Oyster  Shell 

Crushers) 

Sheltered  workshops: 

Appointing  Members  of  National  Committee- 
Committee,  Providing  for  the  design  and  use 
of  insignia,  specifying  pledge  to  be  signed, 

and  appointing  National 

Exemption,    Granting    conditional    —    from 

Codes  of  Fair  Competition 

Insignia,  Authorizing  the  National  Commit- 
tee to  issue  the  N.R.A 

Shelving,   Steel  —  Division.      (See  Business 
Furniture,  Storage  Equipment  and  Filing 
Supply.) 
Shingle,  Asphalt  —  and  Roofing  Manufacturing 
(see  also  Asphalt   Shingle   and    Roofing    Man- 
ufacturing)   

Shingle,   Red  Cedar   Division.     (See  Lumber  and 
Timber  Products.) 

Shipbuilding  and  Shiprepairing 

Amendment,  No.  1  (Planning  and  Fair  Prac- 
tice Agency) 

Amendment,  No.  2 

Amendment,  No.  3 

Hours,  Further  exemption  from  maximum  — 

provisions 

Hours,  Further  stay  for 

Hours,  Temporary  stay  of  —  provisions 

Industrial    Relations    Committee,    Member- 
ship and  Expenses 


Date 

6-28-34 

7-  3-34 
4-  6-34 

2-21-34 
4-  4-34 


Volume 

XII 

XII 
IX 

VII 
IX 


7-27-34 
5-10-34 


4-21-34 

6-  2-34 
8-  9-34 

5-11-34 
3-  3-34 

7-  2-34 


11-  6-33 


7-26-33 

10-10-33 
3-29-34 

4-  2-34 

5-  4-34 
6-20-34 
4-27-34 

8-15-34 


Page 
161 

53a 

219 

677 
125- 


XIV 
X 


IX 
XI 
XV 

X 
VII 
XII 


II 


I 
IX 
IX 

X 

XII 

IX 

XV 


381 

817 


423 
125- 
653 

961 

727 
690 


523 


25 

701 
649 
673 

955 
649 
938 

667 


821 


Industry 


Volume 


Page 


Shipping,  Corrugated  and  Solid  Fiber  —  Con- 
tainer {see  also  Corrugated  and  Solid  Fiber 
Shipping  Container) 

Shiprepairing.  {See  Shipbuilding  and  Shiprepair- 
ing  Industry.) 

Shirting  Division.  {See  Cotton  Textile  Supple- 
ment, No.  1.) 

Shirt,  Men's  and  Boys'  —  and  Blouse  Division. 
{See  Cotton  Garment,  Amendment,  No.  5.) 

Shoe  and  Leather  Finish,  Polish  and  Cement  Man- 
ufacturing  

Shoe  and  Leather  Finish  and  Cement  Divi- 


sion   

Shoe  Polish  Division 

Amendment,  No.  1 — 

Shoe,  Boot  and  {see  also  Boot  and  Shoe) 

Shoe  Findings,  Leather  and  —  Trade  {see  also 
(Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  9) 

Shoe  Last 

Cost  inclusion  and  application,  extension  of 
time  within  which  to  formulate  uniform 
method  of 

Shoe  Machinery 

Shoe  Pattern  Manufacturing 

Shoe  Rebuilding  Trade 

Suspension  of  Code,  Partial 

Shoe.     {See  Athletic  Goods  Manufacturing.) 

Shoe  Stock,  Pasted  {see  also  Pasted  Shoe  Stock)  _ . 

Shoe  Shank  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  6)  _ . 

Shop,  Beauty  and  Barber  —  Mechanical  Equip- 
ment Manufacturing  {see  also  Beauty  and  Bar- 
ber Shop  Mechanical  Equipment  Manufactur- 
ing)  

Shopping  Bag  Division.  {See  Paper  Bag  Manu- 
facturing.) 

Shoulder  Pad  Manufacturing 

Shove'  and  Post  Hole  Digger  Division.  {See  Tool 
and  Implement  Manufacturing  Supplement, 
No.  7.) 

Shovel,  Dragline  and  Crane 

Amendment,  No.  1 — 

Bidding,  Exemption  pertinent  to  —  and  in- 
terpretation of  delivery  basis 

Shower  Door 

Shrinking,  Textile  Examining  —  and  Refinishing 
{see  also  Textile  Examining,  Shrinking  and  Re- 
finishing)  

Sign,  Advertising  Metal  —  and  Display  Manu- 
facturing {see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  17) 

Sign,  Electric  and  Neon  (see  also  Electric  and 
N  eon  Sign) 

Signalling  Apparatus  Subdivision,  Stay  granted 
to  the.     {See  Electrical  Manufacturing.) 

Sign  Division.  (See  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  13.) 

Silica  Refractories  Division.     {See  Refractories.) 


2-  1-34 


12-30-33 

12-30-33 

12-30-33 

8-  2-34 

10-  3-33 


5-17-34 
4-23-34 


7-12-34 

4-  6-34 
5-26-34 
3-27-34 
5-28-34 

5-  3-34 


2-21-34 

2-16-34 
2-  5-34 


11-  8-33 
4-  4-34 

4-20-34 
5-19-34 


8-  6-34 

4-20-34 
8-24-34 


VI 


IV 

IV 

IV 

XIV 

I 


XI 
IX 


XIII 

IX 

X 

VIII 
XI 

IX 


VII 

VI 
VI 


II 

IX 

IX 
X 


XV 

IX 
XV 


485 

485 
485 
285 
541 


493 

451 


747 
193 
397 
593 

797 

567 


677 

569 
231 


563 
685 

926 
253 


869 
131 


822 


Industry 


Silk.      {See  Hat  Manufacturing.) 
Silk,    Rayon    and  —  Dyeing    and    Printing    (see 
also  Rayon  and  Silk  Dyeing  and  Printing) 

Temporary  Code  Approved 

Silk,  Temporary  placing  of  —  Industry  under 

the  Cotton  Textile  Industry 

Silk  Textile 

Amendment,  No.  1 

Hours,  Curtailment  of  machine  —  for  the 

Labor  Controversies,  Administration  of 

Silverware  Manufacturing 

Hotelware,  Flatware  and  Hollow  Ware  Divi- 
sion  

Pewter,  Chromium  Plate  and  Miscellaneous 

Division 

Plated  Flatware  Division 

Plated  Hollow  Ware  Division 

Plated  Toiletware  and  Novelties  Division 

Sterling  Flatware  Division 

Sterling  Hollow  Ware  Division 

Sterling  Novelties  Division 

Sterling  Toiletware  Division 

Cost  accounting  system.  Approval  of 

Silver  and  Metal  Polish  Division.     {See  Furniture 
and  Floor  Wax  and  Polish  Amendment,  No.  1.) 
Silverware   Division.      {See   Wholesaling  or   Dis- 
tributing Trade.) 
Skewer  Division.      {See  Wood  Turning  and  Shap- 
ing.) 
Skirt,    Blouse   and   —    Manufacturing    (see   also 

Blouse  and  Skirt  Manufacturing) 

Slag,  Crushed  Stone,  Sand  and  Gravel  and  (see 

also  Crushed  Stone,  Sand  and  Gravel  and  Slag.) 

Slag,  Administrative  approval  of  Industrial  Sand 

Division  of  the  Crushed  Stone,  Sand  and  Gravel 

and  —  Industries 

Slag  Wool,  Rock  and  ■ — •  Manufacturing  (see  also 

Rock  and  Slag  Wool  Manufacturing) 

Slashers,  Cotton  and  Yarn  Winders,  Warpers  and 
—  Division.  («See  Textile  Processing  Amend- 
ment, No.  3.) 

Slate 

Blackboard  Slate  Division 

Slate  Roofing  Division 

Structural  and  Electrical  Division 

Amendment,  No.  1 

Sleeve,  Nozzle,  and  Runner  Brick  and  Tuyeres 
Division.      {See  Refractories.) 

Slide  Fasteners 

Slip  Covers,  Ready- Made  Furniture  —  Manufac- 
turing   {see   also    Ready-Made    Furniture   Slip 

Covers  Manufacturing) 

Slit  Fabric  Manufacturing 

Small  Arms  and  Ammunition  Manufacturing 

Amendment,  No.  1 

Effective  Date,  Extension  of  the 

Small  Locomotive  Manufacturing  (see  also  Ma- 
chinery and  Allied  Products  Supplement,  No.  4) 
Smelting  and  Refining  of  Secondary  Metals  into 

Brass  and  Bronze  A'loys  in  Ingot  Form 

Smelting  Lead  —  and  Refining  Division.  {See 
Lead.) 


12-21-33 
7-22-33 

7-15-33 
10-  7-33 

7-17-34 
12-23-33 

6-28-34 
12-23-33 

12-23-33 

12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
12-23-33 
8-  7-34 


12-30-33 
11-10-33 

12-27-33 
3-  6-34 


1-22-34 
1-22-34 
1-22-34 
1-22-34 
7-  3-34 


1-31-34 

2-16-34 
1-16-34 
3-22-34 
3-29-34 
3-29-34 

5-  5-34 

12-21-33 


Volume   Page 


IV 
I 

I 

I 

XIII 

IV 

XII 

IV 

IV 

IV 
IV 
IV 
IV 
IV 
IV 
IV 
IV 
XV 


IV 

II 

IV 
VII 


V 
V 
V 
V 
XII 


VI 

V 

VIII 

IX 

IX 

X 

IV 


823 


Industry 


Smoking  Pipe  Manufacturing 

Cost  Accounting  System,  Approval  of  Stand- 
ard   

Snap  Fastener  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement,  No. 
16) 


of 


Snathe,  Scythe  and  —  Division.  (See  Tool  and 
Implement    Manufacturing.) 

Soap  and  Glycerine  Manufacturing 

Supplement  No.  1  for  Pacific  Coast  Section 

the  Soap  and  Glycerine  Manufacturing 

Soapstone,  Talc  and  (see  also  Talc  and  Soapstone)  _ 
Soccer.     (See  Athletic  Goods  Manufacturing.) 
Socket  Wrenches,  Detachable  —  Division.     (See 
Fabricated  Metal  Products  Manufacturing  and 
Metal    Finishing   and    Metal    Coating   Supple- 
ment, No.  15.) 
Soft  Drink,  Bottled  (see  also  Bottled  Soft  Drink). 
Softener,  Water  —  and  Filter  (see  also  Machinery 

and  Allied  Products  Supplement,  No.  28) 

Soft  Fibre  Manufacturing 

Soft  Lime  Rock 

Softwood,  Northeastern  —  Division.     (See  Lum- 
ber and  Timber  Products.) 
Sole,  Heel  and  —  Division.     (See  Rubber  Manu- 
facturing.) 

Solid  Braided  Cord 

Solid,  Retail  —  Fuel  (see  also  Retail  Solid  Fuel)__ 
Special  Refractories  Division.     (See  Refractories.) 
Specialties.     (See  Retail  Lumber,  Lumber  Prod- 
ucts, Building  Materials  and  Building  Special- 
ties.) 
Specialties,  Cork  Composition  and  Cork  —  Man- 
ufacturing Division.      (See  Cork.) 
Specialties,  Sanitary  and  Waterproof  —  Manufac- 
turing (see  also  Sanitary  and  Water-proof  Spe- 
cialties Manufacturing) 

Special  Tool,  Die  and  Machine  Shop 

Amendment,  No.  1 

Specialty  Accounting  Supply  Manufacturing 

Specialty,  Advertising  (see  also  Advertising  Spe- 
cialty)   

Spice  Grinding 

Spinners.      (See  Wool  Textile  Amendment,  No.  1.) 

Spirits,  Distilled  (Labor  Provisions) 

Spirits,  Distilled  —  Rectifying  (Labor  Provisions) . 
Sponge   Rubber   Division.     (See   Rubber   Manu- 
facturing.) 

Spool,  Bobbin  and  (see  also  Bobbin  and  Spool) 

Spool  Division.     (See  Wood  Turning  and  Shap- 
ing.) 
Spray  Painting  and  Finishing  Equipment  Manu- 
facturing  

Amendment,  No.  1 

Spring,  Leaf  —  Manufacturing  (see  also  Automo- 
tive Parts  and  Equipment  Manufacturing  Sup- 
plement, No.  3) 

Spring,  Railway  and  Industrial  (see  also  Machin- 
ery and  Allied  Products  Supplement,  No.  2) 

Spring,  Upholstery  —  and  Accessories  (see  also 
Lpholstery  Spring  and  Accessories) 


Date 

1-23-34 
8-  9-34 

4-  6-34 

12-  2-33 

6-29-34 
3-21-34 


6-  7-34 

7-  9-34 

4-  9-34 

5-  7-34 


2-26-34 
2-14-34 


3-17-34 

11-17-33 

4-20-34 

5-17-34 

10-31-33 
5-11-34 

3-21-34 
5-  3-34 


5-   3-34 


4-19-34 
7-18-34 


7-18-34 
4-23-34 
3-10-34 


Volume 

V 
XV 

IX 


II 

XII 
VIII 


XI 

XIII 

IX 

X 


VII 
VI 


VIII 

III 

X 
X 

II 

X 

VIII 

IX 


IX 


IX 
XIII 


XIII 
X 

VII 


393 

654 

811 

317 

525 

287 


225 

547 

273 

27 


349 
469 


169 

187 
427 
211 

97 
99 

719 
739 


579 


317 
411 


631 
629 
605 


824 


Industry 


Sprinkler,  Automatic  (see  also  Automatic  Sprink- 
ler)  

Sprocket  Chain  (see  also  Machinery  and  Allied 
Products  Supplement,  No.  34) 

Squash.     (See  Athletic  Goods  Manufacturing.) 

Standard  Steel  Barrel  and  Drum  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  26) 

Standardized  Stationery  and  Business  Forms. 
(See  Graphic  Arts.) 

Staple,  Cut  Tack,  Wire  Tack,  and  Small  — 
Manufacturing  (see  also  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating  Supplement,  No.  40) 

Staple,  Machine  Applied  —  and  Stapling  Ma- 
chine (see  also  Machine  Applied  Staple  and 
Stapling  Machine) 

Stationery,  Bank  and  Commercial.  (See  Graphic 
Arts.) 

Stationery,  Commercial  —  and  OfRce  Outfitting 
Trade  (see  also  Wholesaling  or  Distributing 
Trade  Supplement,  No.  3) 

Stationery,  Paper  —  and  Tablet  Manufacturing 
(see  also  Paper  Stationery  and  Tablet  Manufac- 
turing)   

Stationery,  Wholesale  —  Trade  (see  also  Whole- 
saling or  Distributing  Trade  Supplement,  No. 
6) 

Statistical,  Central  —  Board,  Appointing  of  (see 
also  Central  Statistical  Board) 

Statistical,  providing  for  submission  of  —  informa- 
tion by  person  subject  to  codes 

Statistical  reports.  Requiring  certain  —  from 
members  of  industries  subject  to  Codes  of  Fair 
Competition 

Stay  Manufacturing 

Amendment,  No.  1 

Steam  Engine  Manufacturing  (see  also  Machinery 
and  Allied  Products  Supplement,  No.  16) 

Steam  Heating  Equipment 

Steel  and  Copperplate  Engraving  and  Printing. 
{See  Graphic  Arts.) 

Steel  and  Rolling  Mill  Castings  Division.  (*See 
Non-Ferrous  Foundry.) 

Steel  Casting 

Amendment,  No.  1 

Amendment,  No.  2 

Steel  Flooring,  Open  —  (Grating)  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  41) 

Steel  Goods  Division.  (See  Tool  and  Implement 
Manufacturing.) 

Steel,  Iron  and  (see  also  Iron  and  Steel) 

Steel  Joist 

Steel  Locker  Division.  (iSee  Business  Furniture, 
Storage  Equipment  and  Filing  Supply.) 

Steel,  Machine  Knife  and  Allied  —  Products  Man- 
ufacturing (see  also  Machine  Knife  and  Allied 
Steel  Products  Manufacturing) 


Date 

Volume 

10-  9-33 

I 

7-21-34 

XIII 

5-16-34 

X 

7-  6-34 

XIII 

3-10-34 

VII 

3-16-34 

VIII 

12-30-33 

IV 

4-21-34 

X 

7-27-33 

I 

12-  7-33 

III 

3-16-34 
2-26-34 
8-  7-34 

VIII 
VII 
XV 

6-11-34 
2-12-34 

XI 
VI 

11-  2-33 
8-11-34 
8-24-34 

II 

XV 
XV 

7-11-34 

XIII 

8-19-33 
8-  1-34 

I 

XIV 

2-  6-34 

VI 

Page 

605 
695 

921 

495 
579 

761 
559 

621 

724 
662 


870 
315 
193 

747 
455 


299 
257 
451 


559 


171 
63 


825 


Industry 


Volume   Page 


Steel,  Nonferrous  and  —  Convector  Manufactur- 
ing (Concealed  Radiator  Industry)  (see  also 
Nonferrous  and  Steel  Convector  Manufactur- 
ing, Concealed  Radiator  Industry) 

Steel  Package  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  25)  _ 

Steel  Plate  Fabricating 

Steel,  Rolling  —  Door  {see  also  Rolling  Steel  Door) 

Steel,  Saw  and  —  Products  Manufacturing  (see 
also  Saw  and  Steel  Products  Manufacturing)  _ 

Steel,  Secondary  - —  Products  Warehousing  Trade 
(see  also  Secondary  Steel  Products  Warehousing 
Trade) 

Steel ,  Standard  —  Barrel  and  Drum  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  finishing  and  Metal  Coat- 
ing Supplement,  No.  26) 

Steel,  Structural  • —  and  Iron  Fabricating  {see  also 
Structural  Steel  and  Iron  Fabricating) 

Steel  Tire  Manufacturing  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  1) 

Steel  Tubular  and  Firebox  Boiler 

Steel  Wool 

Stereotype  Dry  Mat 

Stereotyping,  Electrotyping  and  (see  also  Electro- 
typing  and  Stereotyping) 

Sterling.      (<See  Silverware  Manufacturing.) 

Stick,  Candy  —  Division.  {See  Wood  Turning 
and  Shaping.) 

Stick,  Mop  (see  also  Mop  Stick) 

Stitching,  Pleating  —  and  Bonnaz  and  Hand  Em- 
broiderj^  (see  also  Pleating,  Stitching  and  Bon- 
naz  and  Hand  Embioidery) 

Stock  Exchange  Firms 

Stone,  Administration  approval  of  Industrial  Sand 
Division  of  the  Crushed  —  Sand  and  Gravel 
and  Slag  Industries 

Stone,  Crushed  —  Sand  and  Gravel,  and  Slag  In- 
dustries {see  also  Crushed  Stone,  Sand  and 
Gravel,  and  Slag  Industries) 

Stone  Finishing  Machinery  and  Equipment 

Stoneware  Division.  (<See  Earthenware  Manu- 
facturing.) 

Stopper,  Cork  —  Manufacturers  Division.  (»See 
Cork.) 

Storage,  Business  Furniture  —  Equipment  and 
Filing  Supply  (see  also  Business  Furniture,  Stor- 
age Equipment  and  Filing  Supply) 

Storage,  Cold  - —  Door  Manufacturing  (see  also 
Cold  Storage  Door  Manufacturing) 

Storage,  Electric  —  and  Wet  Primar}"^  Battery 
(see  also  Electric  Storage  and  Wet  Primary  Bat- 
tery)   

Storage,  Household  Goods  • —  and  Moving  Trade 
(sec  also  Household  Goods  Storage  and  Moving 
Trade) : . 

Storage,  Motor  Veliicle  —  and  Parking  Trade 
(see  also  Motor  Vehicle  Storage  and  Parking 
Trade) 

Strapping  Division.  (See  Leather  Industry 
Amendment,  No.  1.) 

86360 — .34 43 


2-10-34 


5-16-34 

4-  6-34 

12-21-33 

2-10-34 


7-10-34 


11-  4-33 

7-11-34 

10-  3-33 
4-19-34 

12-  7-33 


VI 


X 

IX 
IV 

VI 


XIII 


5-16-34 

X 

7-11-34 

XIII 

4-23-34 

10-23-33 

2-28-34 

7-27-34 

X 

II 

VII 

XIV 

12-23-33 

IV 

11-14-33 

III 

2-10-34 
11-  4-33 

VI 

II 

12-27-33 

IV 

11-10-33 
12-15-33 

II 

IV 

II 

XIII 

I 

IX 

III 


826 


Industry 


3-14-34 

11-27-33 
5-  1-34 
7-11-34 
8-  6-34 
7-23-34 

5-31-34 

10-27-33 

8-  4-33 


6-26-34 


Straps,    Canvas    Lug — ;  Division.      {See    Leather 

Industry  Amendment,  No.  1.) 
Straw.     (See  Hat  Manufacturing.) 
Straw,     Bulk     Drinking  — ,  Wrapped     Drinking 
Straw,     Wrapped    Toothpick,    ai  d     Wrapped 
Manicure  Stick  {see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Toothpick,  j 

and  \V  rapped  Manicure  Stick) 

Structural  and  Electrical  Division.      {See  Slate.) 

Structural  Clay  Products 

Amendment,  No.  1 

Structural  Steel  and  Iron  Fabricating 

Effective  date  of  Code,  Staying 

Effective  date  of  Code,  Stay  of 

Studj',  Private  Home  —  School  {see  also  Private 

Home  Study  School) 

Sugar,  Beet  —  labor  provision 

Suit,  Coat  and  {see  also  Coat  and  Suit) 

Suit,     Men's    Wash — -Manufacturers    Division. 
{See  Cotton  Garment.) 

Sulphonated  Oil  Manufacturing 

Sulphur   Group.     {See   Chemical   Manufacturing 

Supplement,  No.  1.) 
Sundries,       Rubber  —  Division.      {See       Rubber 

Manufacturing.) 
Supplement: 

Automobile  Manufacturing: 

l<'uneral    Vehicle   and    Ambulance    Sub- 
division, No.  1 11-  8-33 

Automotive  Parts  and  Equipment  Manufac- 
turing: 

Automobile  Hot  Water  Heater  Manufac- 
turing, No.  1 6-25-34 

Replacement  Axle  Shaft  Manufacturing, 

No.  2 7-  3-34 

Leaf  Spring  Manufacturing,  No.  3 7-18-34 

Business  furniture.  Storage  Equipment  and 
Filing  Supply: 

Fire  Resistive  Safe,  No.  1 7-30-34 

liling  Supply,  No.  2 i     7-30-34 

Chemical  Manufacturing:  ] 

Agricultural  Insecticide  and  Fungicide,  i 

No.  1 5-  1-34 

Nicotine  Group 5-  1-34 

Sulphur  Group 5-  1-34 

Pj^rethrum-Retonone  Group 5-  1-34 

Carbon  Dio.xide,  No.  2 5-  4-34 

Amendment,  No.  1 8-16-34 

Industrial  Alcohol,  No.  3 8-21-34 

Construction: 

Building  Granite,  No.  18 8-20-34 

Cement  Gun  Contractors,  No.  4 3-21-34 

Amendment,  No.  1 7-19-34 

Electrical  Contracting,  No.  6 4-19-34 

Amendment,  No.  1 7-23-34 

Elevator  Manufacturing,  No.  3 3-21-34 

General  Contractors,  No.  1 2-17-34 

Building  Contractors  Subdivision 2-17-34 

Heavj'   Construction  and   Railroad 

Contractors  Subdivision 2-17-34 

Highway  Contractors  Subdivision. .      2-17-34 
Heating,   Piping,  and  Air  Conditioning 

Contractors',  No.  16 7-26-34 


VIII 

III 
X 

XIII 

XV 

XIV 

XI 

II 
I 


XII 


II 


XII 

XII 
XIII 


XIV 
XIV 


X 
X 
X 
X 
X 
XV 
XV 

XV 

VIII 

XIII 

IX 

XIV 

VIII 

VII 

VII 

VII 
VII 

XIV 


13 

197 
513 

47 
633 
562 

45 

687 

51 


99 


671 


475 

533 
631 


405 
,391 


685 
685 
685 
685 
723 
313 
557 

535 
793 
417 
849 
107 
803 
667 
667 

667 
667 

331 


827 


Code 
No. 


Industry 


Volume 


Page 


Supplement — -Continued. 

Construction — Continued. 

Insulation  Contractors,  No.  12 

Kalamein,  No.  13 

Marble  Contracting,  No.  17 

Mason  Contractors,  No.  7 

Amendment,  No.  1 

Painting,  Paperhanging  and  Decorating, 

No.  2 

Amendment,  No.  1 

Plastering  and  Lathing  Contracting,  No. 

14 

Plumbing  Contracting,  No.  9 

Amendment,  No.  1 

Resilient  Flooring  Contracting,  No.  10  _ 
Roofing  and  Sheet   Metal  Contracting, 

No.  8 

Terazzo  and  Mosaic  Contracting,  No.  15 

Tile  Contracting,  No.  5 

Amendment,  No.  1 

Wood  Floor  Contracting,  No.  11 

Cotton  Textile: 

Cotton  Converting,  No.  1 

All-Cotton  Clothing  Lining  Division, 

Clothiers'  Linings  Division 

Corset,  Brassiere,  and  Allied  Trade 

Fabrics  Division 

Curtain  and  Drapery  Fabrics  Divi- 
sion  

Iiiterlinings  Division 

Shirtings  Division 

Wash  Goods  Division 

Electrical  Manufacturing: 

Portable  Electric  Lamp  and  Shade,  No.  2. 

Refrigeration,  No.  1 

Fabricated    Metal   Products    Manufacturing 
and  Metal  Finishing  and  Metal  Coating: 
Advertising    Metal    Sign    and     Display 

Manufacturing,  No.  17 

Artistic  Lighting  Equipment  Manu- 
facturing, No.  37 

Brass  Forging  Manufacturing,  No.  42_. 
Bright     Wire     Goods     Manufacturing, 

No.  21 

Cap  Screw  Manufacturing,  No.  19 

Chain  Manufacturing,  No.  3 

Complete    Wire  and    Iron    Fence,   No. 

38 

Cutlery,  Manicure  Implement  and 
Painters  and  Paperhangers  Tool 
Manufacturing   and    Assembling,  No. 

10 

Cut  Tack,  Wire  Tack,  and  Small  Staple 

Manufacturing,  No.  40 

Cutting  Die  Mf.nufacturing,  No.  35 

Drapery  and  Carpet  Hardvv-are  Manu- 
facturing, No.  22 

Electric  Industrial  Truck  Manufacturing, 

No.  4 

Electro  Pl?.ting  and  Metal  Polishing  and 

Metal  I'inishing,  No.  46 

Flexible  Metal  Hose  and  Tubing  Manu- 
facturing, No.  33 


6-  7-34 
6-  9-34 
8-11-34 
4-19-34 
7-23-34 

3-12-34 
7-10-34 

6-27-34 
5-15-34 
8-11-34 
5-2^34 

5-10-34 
7-13-34 
4-  2-34 
7-12-34 
5-29-34 

l-24r-34 
1-24-34 
1-24-34 


XI 
XI 
XV 
IX 
XIV 

VIII 
XIII 

XII 

X 

XV 

XI 

X 

XIII 
IX 

XIII 
XI 

V 
V 
V 


1-24-34 

V 

1-24-34 
1-24-34 
1-24^34 
1-24-34 

V 

V 

V 
V 

6-27-34 
6-  9-34 

XII 
XI 

4-20-34 

IX 

6-28-34 
7-19-34 

XII 
XIII 

5-  7-34 

6-  3-34 
1-31-34 

X 
X 
V 

7-  3-34 

XII 

3-26-34 

VIII 

7-  6-34 
6-  8-34 

XIII 
XI 

5-  9-34 

X 

1-31-34 

V 

8-22-34 

XV 

5-24-34 

XI 

653 
703 

485 
863 
111 

739 
265 

487 
895 
253 
569 

817 
583 
765 
299 
583 

713 
720 
718 

719 

721 

724 
724 
724 

501 
715 


869 

509 
645 

781 
697 
739 

545 


823 

495 
691 

793 

751 

585 

543 


828 


Code 
No. 


Industry 


Supplement — Continued. 

Fabricated  Metal  Products,  etc. — Continued. 

Forged  Tool  Manufacturing,  No.  9 

Galvanized  V/are  Manufacturing,  No.  27. 
Hack  Saw  Blade  Manufacturing,  No.  8-. 
Hand  Bag  Frame  Manufacturing,  No.  45 _ 
Hand  Chain  Hoist  Manufacturing,  No.  2. 
Hog   Ring  and   Ringer   Manufacturing, 

No.  32 

Job  Galvanizing  Metal  Coating,  No.  28_ 
Lift  Truck  and  Portable  Elevator  Man- 
ufacturing, No.  36 

Machine  Screw  Mainifacturing,  No.  23-. 
Machine  Screw  Nut  Manufacturing,  No. 

20 

Metallic  Wall  Structure  Industrial  Sub- 
division, No.  1 

Milk  and  Ice  Cream  Can  Manufacturing, 

No.  30 

Non-Ferrous   Hot   Water   Tank    Manu- 
facturing, No.  14 

Open    Steel    Flooring    (Grating)    Manu- 
facturing, No.  41 

Pipe  Tool  Manufacturing,  No.  47 

Porcelain     Enameling      Manufacturing, 

No.  13 

Frit  Division 

Jobbing  Shop  Division 

Sign  Division 

Table  Top  Division 

Power  and  Gang  Lawn  Mower  Manufac- 
turing, No.  12 

Amendment,  No.  1 

Prison  Equipment  Manufacturing,   No. 

39 

Pulp  and  Paper  Mill  Wire  Cloth  Manu- 
facturing, No.  44 

Railway  Car  Appliances,  No.  5 

Screw    Machine   Products    Manufactur- 
ing, No.  18 

Amendment,  No.  1 

Shoe  Shank  Manufacturing,  No.  6 

Snap  Fastener  Manufacturing,   No.   16-. 
Standard  Steel  Barrel  and  Drum  Manu- 
facturing, No.  26 

Steel  Package  Manufacturing,  No.  25 

Tackle  Block  Manufacturing,  No.  11 

Tool    and    Implement    Manufacturing, 

No.  7 

Axe  Division 

Hammers  Division 

Hatchet  Division 

Scythe  and  Snathe  Division 

Shovel  and  Post  Hole  Digger  Divi- 
sion  

Steel  Goods  Division 

Vitreous  Enameled  Ware  Manufacturing, 

No.  43 

Warm  Air  Pipe  and  Fittings  Manufac- 
turing, No.  31 

Washing  Machine  Parts  Manufacturing, 
No.  29 


Date 

Volume 

3- 

-24- 

-34 

VIII 

5- 

-17- 

-34 

XI 

3- 

-17- 

-34 

VIII 

8- 

-  1- 

-34 

XIV 

1- 

-30- 

-34 

V 

5- 

-22- 

-34 

XI 

5- 

-17- 

-34 

XI 

6-23- 

-34 

XII 

5- 

-10- 

-34 

X 

5- 

-  5- 

-34 

X 

1- 

10- 

-34 

V 

5-17- 

-34 

XI 

4- 

-  4- 

-34 

IX 

7- 

-11- 

-34 

XIII 

8- 

-23- 

-34 

XV 

3- 

31- 

-34 

IX 

3- 

-31- 

-34 

IX 

3- 

31- 

-34 

IX 

3- 

-31- 

-34 

IX 

3- 

-31- 

-34 

IX 

3- 

-26-34 

VIII 

8- 

-  8- 

-34 

XV 

7- 

-  5- 

-34 

XII 

7- 

-30- 

-34 

XIV 

2- 

-  9- 

-34 

VI 

4-28- 

-34 

X 

5- 

-16- 

-34 

X 

2- 

-21- 

-34 

VII 

4- 

-  6- 

-34 

IX 

5- 

-16-34 

X 

5- 

-16-34 

X 

3- 

-26- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

3- 

-15- 

-34 

VIII 

7- 

-22- 

-34 

XIII 

5- 

-18- 

-34 

XI 

5- 

-17- 

-34 

XI 

829 


■Code 
No. 


Industry 


Volume 


Supplement — Continued. 

Fabricated  Metal  Products,  etc. — Continued, 
Wire  E.ope  and  Strand  Manufacturing, 

-No.  34 

Wood  Screw  Manufacturing,  No.  24 

Wrench  Manufacturing,  No.  15 

Adjustable  Monkey  Wrenches  Divi- 
sion  

Adjustable  Pipe  Wrenches  Division 
Adjustable     Wrenches     and     Pliers 

Division 

Adjustable  Wrenches  Division 

Chain  Pipe  Wrenches  (Tongs)  Divi- 
sion  

Detachable  Socket  Wrenches  Divi- 
sion  

Drop-forged  Wrenches   (Alloy)    Di- 
vision  

Drop-forged     Wrenches     (Carbon) 

Division 

Ratchet  and  Miscellaneous  Wrench- 
es Division 

Fishery: 

Atlantic  Mackerel  Fishing,  No.  4 

Production,    Approval    of    plan    of 

curtailment  of 

Production,    Approval    of    plan    of 

curtailment  of 

Production,  Approving  curtailment 

of 

Blue  Crab,  No.  5 

California  Sardine  Processing,  No.  3 

Fresh  Oyster,  No.  1 

Hours  of  labor,  rates  of  pay,  etc., 

Extending  tiine  to  report  on 

Trout  Farming,  Eastern  Section,  No.  6- 

Wholesale  Lobster,  No.  2 

Machinerv  and  Allied  Products: 

Air  Filter,  No.  32 

Bakerv  Equipment  Manufacturing,  No. 

29_1 

Beater  and   Jordan   and   Allied   Equip- 
ment, No.  7 

Amendment,  No.  1 

Caster  and  Floor  Truck  Manufacturing, 

No.  26 

Chemical  Engineering  Equipment,   No. 

23 

Concrete  Mixer,  No.  37 

Contractors'  Pump,  No.  11 

Conveyor     and     Material     Preparation 
Equipment  Manufacturing,  No.  22  _. 

Amendment,  No.  1 

Diamond  Core  Drill  Manufacturing,  No. 

9 

Amendment,  No.  1 

Diesel  Engine  Manufacturing,  No.  40 

Envelope     Machine    Manufacturing, 

No.  31 

Gas-Powered    Industrial    Truck    Manu- 
facturing, No.  33 

Hoist  Builders,  No.  20 

Hoisting  Engine  Manufacturing,  No.  19. 
Amendment,  No.  1 


5-24-34 
5-10-34 
4-  4-34 

XI 

X 

IX 

4-  4-34 
4-  4-34 

IX 
IX 

4-  4-34 
4-  4-34 

IX 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

4-  4-34 

IX 

5-  3-34 

X 

7-14-34 

XIII 

8-  6-34 

XV 

6-  9-34 
5-  5-34 
4-24-34 
3-10-34 

XI 

X 

X 

VII 

8-  6-34 
7-25-34 
4-13-34 

XV 

XIV 

IX 

7-21-34 

XIII 

7-13-34 

XIII 

5-14-34 
8-13-34 

X 
XV 

7-  7-34 

XIII 

7-  5-34 

8-  1-34 
6-  5-34 

XII 

XIV 
XI 

6-19-34 

8-18-34 

XII 
XV 

5-31-34 

7-18-34 
8-  1-34 

XI 
XIII 
XIV 

7-20-34 

XIII 

7-21-34 
6-12-34 
6-12-34 
8-18-34 

XIII 
XII 
XII 
XV 

830 


Code 
No. 


Industry 


Volume 


Supplement — Continued. 

Machinery  and  Allied  Products — Continued 

Hydraulic  Machinery,  No.  41 8-  2-34 

Jack  Manufacturing,  No.  38 8-  1-34 

Kiln,  Cooler  and  Dryer  Manufacturing, 

No.  21 6-12-34 

Locomotive  Appliance,  No.  12 6-  5-34 

Locomotive  Manufacturing,  No.  3 4-30-34 

Amendment,  No.  1 5-12-34 

Mechanical  Lubricator,  No.  10 6-  4-34 

Amendment,  No.  1 8-  9-34 

Mechanical    Press    Manufacturing, 

No.  27 7-  9-34 

Multiple  V-Belt  Drive,  No.  30 7-13-34 

Oil    Field    Pumping    Engine    Manufac- 
turing, No.  35 7-25-34 

Power  Transmission,  No.  25 7-  6-34 

Pulp  and  Paper  Machinery,  No.  42 8-11-34 

Pulverizing  Machinery  and  Equipment, 

No.  15 "_ 6-  9-34 

Railway  and  Industrial  Spring,  No.  2 4-23-34 

Railway    Appliance    Manufacturing, 

No.  39 8-  1-34 

Reduction    Machinery,    No.    18 6-11-34 

Refrigerating  Machinery,  No.  36 7-30-34 

Rock  and  Ore  Crusher,  No.  17 6-11-34 

Roller  and  Silent  Chain,  No.  24 7-  5-34 

Rolling  Mill  Machinery  and  Equipment, 

No.  14 6-  7-34 

Small  Locomotive  Manufacturing,  No.  4.  5-  5-34 

Sprocket  Chain,  No.  34 7-21-34 

Steam  Engine  Manufacturing,  No.  16 6-11-34 

Steel  Tire  Manufacturing,  No.  1 4-23-34- 

Water  Meter  Manufacturing,  No.  8 5-16-34 

Waterpower  Equipment,  No.  13 6-  7-34 

Amendment,  No.  1 6-26-34 

Water  Softener  and  Filter,  No.  28 7-  9-34 

Wire  Machinery,  No.  5 5-  9-34 

Woodworking  Machinery,  No.  6 5-14-34 

Packaging  Machinery   Industry  and  Trade: 
Can  Labeling  and  Can  Casing  Machin- 
ery Industry  and  Trade,  No.  1 5-  5-34 

Paper    Box    Machinery    Industry    and 

Trade,  No.  2 5-21-34 

Retail  Trade: 

Booksellers  Trade,  No.  1 4-13-34 

Scra^j    Iron,    Nonferrous   Scrap    Metals  and 
Waste  Materials  Trade: 

Waste  Paper  Trade,  No.  1 7-12-34 

Prices,  Establishing  and  publishing 

minimum  net 8-21-34 

Soap  and  Glycerine  Manufacturing: 

Pacific  Coast  Section  of  the  Soap  and 

Glycerine  Manufacturing,  No.  1 6-29-34 

Wholesaling  or  Distributing  Trade: 

Athletic     Goods     Distributing     Trade, 

No.  13 7-17-34 

Beauty  and  Barber  Equipment  and  Sup- 
plies Trade,  No.  4 4-  4-34 

Button  Jobbers'  or  Wholesalers'  Trade, 

No.  15 7-26-34 

Men's  Wear  Division 7-26-34 

Women's  Wear  Division 7-26-34 


XIV 
XIV 

XII 

XI 

X 

X 

XI 

XV 

XIII 
XIII 

XIV 

XIII 

XV 

XI 
X 

XIV 
XI 

XIV 

XI 

XII 

XI 

X 

XIII 

XI 

X 

X 

XI 

XII 

XIII 

X 

X 


X     767 
XI 
IX 

XIII 
XV 

XII 

XIII 

IX 

XIV  369 
XIV  369 
XIV     369 


831 


Industry 


Supplement — Continued. 

Wholesaling  or  Distributing  Trade,  Contd. 
Charcoal  and  Package  Fuel  Distributing 

Trade,  No.  19 

Commercial  Stationery  and  Office  Out- 
fitting Trade,  No.  3l 

Copper,  Brass,  Bronze,  and  Related  Al- 
loys Trade,  No.  21 

Electrical  Wholesale  Trade,  No.  20 

Furriers  Supplies  Trade,  No.  10 

Fur  Wholesaling  and  Distributing  Trade, 

No.  11 

Leather  and  Shoe  Findings  Trade,  No.  9. 

Radio  Wholesaling  Trade,  No.  7 

School  Supplies  and  Equipment  Trade, 

No.  12 

Sheet  Metal  Distributing  Trade,  No.  16. 
Upholstery     and     Decorative     Fabrics 

Trade,  No.  1 

Vv^holesale  Dry  Goods  Trade,  No.  8 

Hosiery  and  Undervv^ear  Division 

House  Furnishings  Division 

Knitted  Outerwear  Division 

Men's  Furnishings  Division 

Notions  Division 

Piece  Goods  Division 

Ready-to- Wear  Division 

Wholesale  Embroidery  Trade,  No.  23--. 

Wholesale  Hardware  Trade,  No.  17 

Wholesale  Jewelry  Trade,  No.  22 

Wholesale  Millinery  Trade,  No.  5 

Wholesale  Paint,  Varnish,  Lacquer,  Al- 
lied   and    Kindred    Products    Trade, 

No.  18 

Wholesale  Stationery  Trade,  No.  6 

Wholesale  Wall  Paper  Trade,  No.  2 

Amendment,  No.  1 

Woolens    and    Trimmings    Distributing 

Trade,  No.  14 

Wood  Turning  and  Shaping  Industries 

Dowel,  No.  1 

Supplies,  Beauty  and  Barber  Equipment  and  — 
Trade    {see    also    Wholesaling    or    Distributing 

Trade  Supplement,  No.  4) 

Supplies,    Builders  —   Trade    (see  also   Builders 

Supplies  Trade) 

Supplies,  Electrical  —  Division.      {See  Wholesal- 
ing or  Distributing  Trade.) 
Supplies,  Furriers  —  Trade  {see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  10) 

Supplies,  Industrial  —  and  Machinery  Distributors 
Trade  (see  also  Industrial  Supplies  and  Machin- 
ery Distributors  Trade) 

Supplies,  Potter}^  —  and  Backwall  and  Radiant 
(see  also  Pottery  Supplies    and    Backwall   and 

Radiant) 

Supplies,  School  —  and  Equipment  Trade  {see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  12) 

Supplies,  Woolen  and  Trimming  Garment  — 
Division.  (»See  Wholesaling  or  Distributing 
Trade.) 


Date 


8-  7-34 
3-16-34 


8-13-34 

XV 

8-13-34 

XV 

6-  2-34 

XI 

6-  9-34 

XI 

5-17-34 

XI 

4-21-34 

X 

7-  5-34 

XII 

7-27-34 

XIV 

3-  6-34 

VII 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

8-24-34 

XV 

7-30-34 

XIv 

8-21-34 

XV 

4-16-34 

IX 

8-  4-34 

XIV 

4-21-34 

X 

3-16-34 

VIII 

5-10-34 

X 

7-23-34 

XIV 

8-20-34 

XV 

4-  4-34 

IX 

10-  3-33 

I 

6-  2-34 

XI 

10-23-33 

II 

2-16-34 

VI 

7-  5-34 

XII 

Volume 


XV 

VIII 


832 


Industry 


Supplies,  Business  Furniture,  Storage  Equipment 
and  Filing  {see  also  Business  Furniture,  Storage 
Equipment  and  Filing  Supply) 

Supply,  Filing  (see  also  Business  Furniture,  Storage 
Equipment  and  Filing  Supply  Supplement, 
No.  2) 

Suppl}-,  Foundry  (see  also  Foundry  Supply) 

Supply,  Funeral  (see  also  Funeral  Supply) 

Supply,  Specialty  Accounting  —  Manufacturing 
(see  also  Specialty  Accounting  Supply  Manu- 
facturing)   

Surgical  Distributors  Trade 

Surgical  Dressings 

Approving  extension  of  time  within  which  to 
comply  with  condition  of  approval  in  the_- 
Extending  time  for  presenting  plan  for  adjust- 
ment of  wages  above  the  minimum  for  the 

—  Industry 

Wages,  Extension  of  time  to  present  a  plan 
for  adjustment  of  —  above  the  minimum 

Surgical,  Manufacturing  and  Wholesale  (see  also 
Manufacturing  and  Wholesale  Surgical) 

Suspended  Walls  and  Arches  Division.  (See 
Refractories.) 

Suspender,  Garter,  —  and  Belt  Manufacturing 
(see  also  Garter,  Suspender  and  Belt  Manufac- 
turing)   

Sweeping  Compound  Division.  (See  Furniture 
and  Floor  Wax  and  Polish  Amendment,  No.  1.). 

Synthetic,  Rayon  and  —  Yarn  Producing  (see 
also  Rayon  and  Synthetic  Yarn  Producing) 

Table,  Blown  —  Glassware  Division.  (See  Amer- 
ican Glassware.) 

Table  Pad  Division.  (See  Light  Sewing  Industry 
Except  Garments.) 

Table  Top  Division.  (See  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 
and  Metal  Coating  Supplement,  No.  13.) 

Tablet,  Paper  Stationery  and  —  Manufacturing 
(see  also  Paper  Stationery  and  Tablet  Manu- 
facturing)   

Table  Oil  Cloth 

Tack,  Cut  — ,  Wire  Tack,  and  Small  Staple  Man- 
ufacturing (see  also  P'abricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 
Coating  Supplement,  No.  40) 

Tackle  Block  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  11)_ 

Tackle,  Fishing  (see  also  Fishing  Tackle) 


Date 


11-  4-33 


7-30-34 

2-  5-34 

11-  4-33 


5-17-34 
8-24-34 
1-27-34 

2-15-34 


3-  8-34 

VII 

5-21-34 

X 

8-  9-34 

XV 

1-  4-33 


8-26-33 


Tag_ 


Home  Work,  Prohibiting 

Home-work  provision  of  Code,  Further  stay  of. 
Tailoring,  Merchant  and  Custom  (see  also  Mer- 
chant and  Custom  Tailoring) 

Talc  Soapstone 

Tank  Car  Service 

Expenses  of  Code  Administration,  Termina- 
tion of  exemption  relevant  to  collection  of-  _ 

Tank,  Metal  (see  also  Metal  Tank) 

Tank,  Non-Ferrous  Hot  Water  —  Manufacturing 
(see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  14) 


12-30-33 
2-  2-34 


7-  6-34 


3-26-34 
8-19-33 
2-  1-34 
4-27-34 
6-19-34 

7-31-34 
3-21-34 
5-22-34 

7-17-34 
12-15-33 


4r-  4-34 


Volume 


II 


XIV 
VI 

II 


X 

XV 

V 

VI 


II 


IV 
VI 


XIII 


VIII 

I 

VI 

IV 

XII 

XIV 

VIII 

X 

XIII 
IV 


IX 


833 


Code 
No. 

Industry 

Date 

Volume 

Page 

374 

Tanning  Extract       -  _                             -    - 

3-29-34 

6-  8-34 
5-23-34 
3-10-34 

10-23-33 

7-13-34 
10-31-33 

7-  2-34 
7-23-34 
6-27-34 

9-18-33 
12-23-33 

7-  9-33 

8-  6-34 

7-21-33 
10-  3-33 

6-  1-34 

10-31-33 
3-  8-34 

7-  3-34 
1-30-34 
4-26-34 
7-27-34 

8-  6-34 

8-  6-34 

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

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

8-  6-34 
8-  6-34 

8-  6-34 
8-  6-34 

8-  6-34 

8-  6-34 

8-  6-34 

IX 

XI 

X 

VII 

II 

XIII 

II 

XII 
XIV 
XII 

I 

IV 

I 

XV 

I 
I 

XI 

n 

VII 

XII 

V 

X 

XIV 

XV 

XV 

XV 

XV 
XV 

XV 
XV 
XV 

XV 
XV 

XV 

XV 

XV 
XV 

XV 

XV 

XV 

1 

441 

Hour  provisions,  Stay  pending  amendment.  __ 
Tape,  Bias  (see  also  Bias  Tape) 

818 
343 

328 

Tapioca  Drv  Products 

593 

Tariff,  procedure  to  be  followed  for  —  relief  under 
Section  3  (e)  of  the  N.I. R.A .-- 

700 

Technical    and    Industrial    Glassware    Division. 

(See  American  Glassware.) 
Tennis.     (See  Athletic  Goods  Manufacturing.) 
Terrazzo  and  Mosaic  Contracting  (see  also  Con- 
struction Supplement,  No.  15)  __ 

583 

74 

?.m 

Territorial  exemptions  and  agreements  and  issu- 
ance of  N.R.A.  Insignia  under  Codes  of  Fair 
Competition 

687 

Territorial  exemptions  from  Codes  for  Can  Man- 
ufacturing and  Canning   _ 

563 

Territories,  Delegating  authority  to  the  Adminis- 
trator to  enter  into  agreements  for             _    - 

61? 

97 

Textile  and  Hosiery  Packing  Manufacturers.    (See 

Graphic  Arts.) 
Textile,    Asbestos   —    Products    Division.      (See 

Asbestos.) 
Textile  Bag                                     _                    -        _ 

361 

Amendment,  No.  1 

671 

1 

Textile,  Cotton  (see  also  Cotton  Textile) 

1 

497 

Textile  Examining,  Shrinking  and  Refinishing 

Textile     Finishing,     Temporarily     placed     under 
Cotton  Textile  Industry                __   - 

1 
716 

St 

Textile  Machinerv  Manufacturing 

449 

Amendment,  No.  1 

377 

69 

Textile,    Millinery    and    Dress    Trimming    Braid 
and 

14-9 

3'?4 

Textile  Print  Roller  Engraving 

539 

Amendment,  No.  1 

387 

'>3"i 

Textile  Processing                                                  _    _ 

539 

Amendment,  No.  1                              __        _    _ 

471 

Amendment,  No.  2                       _      _ 

187 

Amendment,  No.  3 

181 

Cotton  and  Rayon  Tubular  Knit  Goods 
Dvers  and  Finishers  Division 

181 

Cotton  Yarn  Dyers  and  Bleachers  Divi- 
sion  

181 

Cotton  Yarn  Glazers  Division 

Cotton  Yarn  Mercerizers  Division l 

Cotton  and  Yarn  Winders,  Warpers  and 
Slashers  Division      _       _ 

181 
181 

181 

Hosiery  Dyers  Division 

Hosiery  Finishers  Division 

181 
181 

Novelty  Yarn  Dj'e'^s  Division 

181 

Rayon  Yarn  Dyers  Division           _        _   _ 

181 

Rayon  Yarn  General  Converters  Divi- 
sion 

181 

Rayon  Yarn  Straight  Twisters  Division.  _ 
Rayon  Yarn  Winders,  Warpers,  Slashers 

and  Beamers  Division 

Rav/  Stock  and  Top  Dyers  Division 

Woolen  and  Worsted  Yarn  Dyers  Divi- 
sion  

Woolen  and  Worsted  Woven  Piece  Goods 
Dvers  and  Finishers  Division 

181 

181 
181 

181 

181 

Woolen  and  Worsted  Knitted  Piece  Goods 
Dyers  and  Finishers  Division 

181 

834 


Industrj' 

Textile,  Silk  {see  also  Silk  Textile) 

Textile,  Used  • — •  Bag  (see  also  Used  Textile  Bag)-. 

Textile,  Used  —  Machinerj^  and  Accessories  Dis- 
tributing Trade  {sec  also  Used  Textile  Machin- 
ery and  Accessories  Distributing  Trade) 

Textile  Waste  Trade  Division.  {See  Scrap  Iron, 
Non-ferrous  Scrap  Metals  and  Waste  Materials 
Trade  ) 

Textile,  Wool  {see  also  Wool  Textile) 

Theatrical,  Burlesque  {see  also  Burlesque  Theatri- 
cal)   

Theatrical,  Legitimate  Full  Length  Dramatic  and 
Musical  {see  also  Legitimate  Full  Length  Dra- 
matic and  Musical  Theatrical) 

Thread.      {See  Cotton  Textile.) 

Thread,  Notion,  —  and  Women's  Garments  Divi- 
sion.    {See  Wholesaling  or  Distributing  Trade.) 

Thread,  Schiffli,  the  Hand  Machine  Embroidery, 
and  the  Embroidery  —  and  Scallop  Cutting 
(see  also  Schiffli,  the  Hand  Machine  Embroid- 
ery, and  the  Embroidery  Thread  and  Scallop 
Cutting) 

Thread,  Temporary  placing  of  Cotton  —  Indus- 
try under  the  Cotton  Textile  Industry 

Throwing 

Amendment,  No.  1 

Amendment,  No.  2 

Amendment,  No.  3 

Temporary  placing  of  —  Industry  under  the 
Cotton  Textile  Industry 

Ticket  and  Coupon.      {See  Graphic  Arts.) 

Tie,  Railroad  Cross  —  Division,  Extending  time 
to  elect  member  of  Administrative  Agencies  in 
the.      {See  Lumber  and  Timber  Products.) 

Tie,  Railroad  Cross  —  Division.  {See  Lumber 
and  Timber  Products  Amendment,  No.  6.) 

Tile,  Asphalt  and  Mastic  {see  also  Asphalt  and 
Mastic  Tile) 

Tile,  Clav,  and  Shale  Roofing  {see  also  Clay  and 
Shale  Roofing  Tile) 

Tile,  Clay  Drain  —  Manufacturing  {see  also  Clay 
Drain  Tile  Manufacturing) 

Tile  Contracting  (see  also  Construction  Supple- 
ment, No.  5) 

Tile,  Cork  Floor  —  Manufacturers  Division. 
{See  Cork.) 

Tile,  Floor  and  Wall  Clay  —  Manufacturing  (see 
also  Floor  and  Wall  Clay  Tile  Manufacturing)  _. 

Timber,  Luml^er  and  — ■  Products  {see  also  Lumber 
and  Timber  Products) 

Tire  Manufacturers  and  Distributors,  Agreement 
among 

Tire,  Retail  Rubber  —  and  Battery  Trade  (see 
also  Retail  Rubber  Tire  and  Battery  Trade) 

Tire,  Rubber  —  Manufacturing  (see  also  Rubber 
Tire  Manufacturing) 

Tire,  Steel  —  Manufacturing  (see  also  Machinery 
and  AlUed  Products  Supplement,  No.  1) 

Tissue,  Sanitary  Napkin  and  Cleansing  (see  also 
Sanitary  Napkin  and  Cleansing  Tissue) 

Tobacco,  Retail  — ■  Trade  {see  also  Retail  Tobacco 
Trade) 


Date 

Volume 

10-7-33 
2-8-34 

I 
VI 

4-4-34 

IX 

7-26-33 

I 

3-20-34 

VIII 

8-16-33 

I 

2-  2-34 

VI 

7-16-33 
10-11-33 
2-  2-34 
4-19-34 
8-  1-34 

I 
I 

VI 
X 

XIV 

7-14-33 

I 

12-  7-33 

III 

4-  6-34 

IX 

3-24-34 

VIII 

4-  2-S4 

IX 

11-  4-33 

II 

8-19-33 

I 

4-19-34 

IX 

5-  1-34 

IX 

12-21-33 

IV 

4-23-34 

X 

1-12-34 

V 

6-19-34 

XII 

835 


Industry 


Tobacco,  Wholesale  —  Trade  {see  also  Wholesale 
Tobacco  Trade) 

Toilet  Brush  Manufacturers'  Division.  {See 
Brush  Manufacturing.) 

Toilet  Preparations,  Perfume,  Cosmetic  and 
Other  {see  also  Perfume,  Cosmetic  and  Other 
Toilet  Preparations) 

Toiletware.     {See  Silverware   Manufacturing.) 

Toll  Bridge 

Tool  and  Implement  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  7) 

Tool,  Cutlery,  Manicure  Implement  and  Paint- 
ers and  Paperhangers  — •  Manufacturing  and 
Assembling  {see  also  Fabricated  Metal  Prod- 
ucts Manufacturing  and  Metal  Finishing  and 
Metal  Coating  Supplement,  No.  10) 

Tool,  Forged  —  Manufacturing  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing  and  Metal  Coating  Supplement, 
No.  9) 

Tool,  Machine  —  and  Equipment  Distributing 
Trade  {see  also  Machine  Tool  and  Equipment 
Distributing  Trade) 

Tool,  Machine  —  and  Forging  Machinery  {see  also 
Machine  Tool  and  Forging  Machinery) 

Tool,  Pipe  —  Manufacturing  {see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  47) 

Tool,  Special  —  Die  and  Machine  Shop  {see  also 
Special  Tool  Die  and  Machine  Shop) 

Toothpick,  Bulk  Drinking  Straw,  Wrapped  Drink- 
ing Straw,  Wrapped  —  and  Wrapped  Manicure 
Stick  {see  also  Bulk  Drinking  Straw,  Wrapped 
Drinking  Straw,  Wrapped  Toothpick,  and 
Wrapped  Manicure  Stick) 

Toothpick  Division.  {See  Wood  Turning  and 
Shaping.) 

Topmakers  Division.  {See  Wool  Textile  Amend- 
ment, No.  1.) 

Topography,  Advertising.      {See    Graphic  Arts.) 

Toy  and  Playthings 

Track,  Railroad  Special  —  Equipment  Manufac- 
turing {see  also  Railroad  Special  Track  Equip- 
ment Manufacturing) 

Track.    {See  Athletic  Goods  Manufacturing.) 

Trade  Binding  and  Paper  Ruling.  {See  Graphic 
Arts.) 

Trade  Lithographic  Plate  Making.  {See  Graphic 
Arts.) 

Trade  Mounting  and  Finishing.  {See  Graphic 
Arts.) 

Trade,  Retail  and  Retail  Drug  {see  also  Retail  and 
Retail  Drug  Trade) 

Trade  Typesetting.      {See  Graphic  Arts.) 

Trailer  Manufacturing 

Amendment,  No.  1 

Transfer,  Dry  —  Manufacturers.  {See  Graphic 
Arts.) 

Tran.sit 

Transmission,  Power  {see    also    Machinery    and 
Allied  Products  Supplement,  No.  25) 


Volume 


6-  9-34 

3-23-34 
5-17-34 

3-15-34 

3-26-34 

3-24-34 

11-27-33 
11-  8-33 

8-23-34 
11-17-33 

3-14-34 

11-  4-33 
4-  6-34 


10-21-33 

6-26-34 
7-31-34 


9-18-33 
7-  6-34 


XI 

VIII 
X 

VIII 


275 

435 
199 

747 


VIII     823 


VIII 

III 
II 

XV 

III 


VIII 

II 
IX 


811 

485 
577 

601 

187 

13 

353 

165 


II 

XII 

XIV 


I 
XIII 


27 

131 

235 


371 
509 


836 


Industry 


Volume   Page 


Transparency,  Decalcomania  and.  {See  Graphic 
Arts.) 

Transparent  Materials  Converters 

Cellulose  Ribbon  Division 

Transparent  Bag  and  Envelope  Division 

Transparent  Household  Rolls  Division 

Transparent  Sheet  and  Roll  Division 

Transport,  Air  {See  also  Air  Transport) 

Trapping,  Fur  —  Contractors  {see  also  Fur  Trap- 
ping Contractors) 

Trimming,    Drapery    and    Upholstery    {see    also 

Drapery  and  CTpholstery  Trimming) 

Trimming,  Milhnery  and  Dress  —  Braid  and 
Textile  {see  also  Millinery  and  Dress  Trimming 

Braid  and  Textile) 

Trimming,  Woolen  and  • —  Garment  Supplies 
Division.  {See  Wholesaling  or  Distributing 
Trade.) 
Trimmings,  Woolens  and  —  Distributing  Trade. 
{See  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  14.) 
Trout  Farming,  Eastern  Section  (see  also  Fishery 

Supplement,  No.  6) 

Truck,  Caster  and  Floor  —  Manufacturing  (see 
also  Machinery  and  Allied  Products  Supplement, 

No.  26) 

Truck,  Electric  Industrial  —  Manufacturing  (see 
also  Fabricated  Metal  Prodiicts  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  4) 

Truck,  Gas-Power  Industrial  —  Manufacturing 
(see  also  Machinery  and  Allied  Products  Supple- 
ment, No.  33) 

Trucking 

Amendment,  No.  1 

Code  Authorities,   Extending  time  for  elec- 
tions of  State  —  in  California 

Code  Authorities,   Extending  time  for  elec- 
tions of  State  —  in  New  Hampshire 

Elections,    display    insigna,    file    tariffs    and 

register.  Extending  time  to  conduct 

Extension,    Approving    —    of    certain    time 

provisions 

Registration   and    Display    of   Insignia,    Ex- 
tending time  for 

Registration  and  election,  Extending  time  for. 

Registration,  Extending  time  for 

Vote,  Granting  permission  to  Members  to  — 

if  registered  between  specified  dates 

Truck,  Lift  —  and  Portable  Elevator  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing Supplement,  No.  36) 

Tube,  Collapsible  (see  also  Collapsible  Tube) 

Tube,   Fibre   Can  and    {see  also   Fibre   Can  and 

Tube) 

Tube,  Wire,  Rod  and  —  Die  (see  also  Wire,  Rod, 

and  Tube  Die) 

Tubing,  Flexible  Metal  Hose  and  —  Manufactur- 
ing (see  also  Fabricated  Metal  Products  Manu- 
facturing and  Metal  Finishing  and  Metal  Coat- 
ing, Supplement,  No.  33) 


4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
11-14-33 

12-15-33 

1-16-34 

10-31-33 


7-28-34 

6-23-34 
3-17-34 

2-24-34 

2-  1-34 

5-24-34 


IX 
IX 
IX 
IX 
IX 

III 

IV 
V 

II 


7-25-34 

XIV 

7-  7-34 

XIII 

1-31-34 

V 

7-21-34 
2-10-34 
3-26-34 

XIII 

VI 

VIII 

7-27-34 

XIV 

7-27-34 

XIV 

5-31-34 

XI 

5-  1-34 

IX 

7-  7-34 
6-18-34 
6-30-34 

XIII 
XII 
XII 

XIV 

XII 
VIII 

VII 

VI 

XI 


837 


Code 
No. 

Industry 

Date 

Volume 

Page 

62 

Tubular,  Steel  —  and  Firebox  Boiler  (see  also  Steel 

Tubular  and  Firebox  Boiler) 

10-23-33 

II 

57 

Tumbler,  Automatic  —  Glassware  Division.     {See 

American  Glassware.) 

260 

Turning,  Ornamental  Moulding,  Carving  and  {see 

also  Ornamental  Moulding,  Carving  and  Turn- 

ing)   

2-  5-34 

VI 

205 

Turning,    Variety    Wood  —  and   Small   Turned 

Wood  Handles  Division.     {See  Wood  Turning 

and  Shaping.) 

383 

Turning,  Wood  —  and  Shaping  Industries  {see  also 

Wood  Turning  and  Shaping  Industries) 

4-  4-34 

IX 

125 

Tuyeres,  Sleeve,  Nozzle,  and  Runner  Brick  and  — 

Division.      {See  Refractories.) 

Twine  and  Cordage  Division.     {See  Wholesaling 

or  Distril)uting  Trade.) 

303 

Twine,  Cordage  and  {see  also  Cordage  and  Twine) 

2-21-34 

VII 

257 

Temporarily  placed  under  Cotton  Textile 

7-27-33 

I 

725 

Modification  of  Executive  Order  of  July  27, 

1933,  placing  Cordage  and  Twine  Industry 

temporarily  under  Cotton  Textile  Industry. 

10-30-33 

II 

695 

Twine,  Cordage  and  Wrapping  —  Division.     {See 

Cordage  and  Twine.) 

Twisted-in-Wire   Manufacturers'   Division.      {See 

Brush  Manufacturing.) 

Twisters,  Rayon  Yarn  Straight  —  Division.    {See 

Textile  Processing  Amendment,  No.  3.) 

Typesetting,  Trade.     {See  Graphic  Arts.) 

386 

Umbrella  Frame  and  Umbrella  Hardware  Manu- 

facturing  

4-  6-34 

IX 

179 

Code  Authority,  Extending  time  to  elect 

4-14-34 

IX 

919 

Contracts,  Stay  of  Code  provisions  relevant 

to  readjustment  of  existing 

5-29-34 

XI 

804 

51 

Umbrella  Manufacturing 

10-  9-33 

I 

613 

Amendment,  No.  1 

2-  2-34 
7-27-34 
4-27-34 

VI 
XIV 

IX 

605 

Amendment,  No.  2 

191 

408 

Undergarment  and  Negligee 

491 

Competitive  conditions,  Extending  time  for 

the  Committee  to  file  reports  on 

6-20-34 

XII 

651 

Wages,  Stay  of  provisions  relevant  to 

7-13-34 

XIII 

750 

Undergarment,  Cotton  —  and  Sleeping  Garment 

Division.      {See  Cotton  Garment,  Amendment, 

No.  5.) 

23 

Underwear  and  Allied  Products  Manufacturing  _  _ 

9-18-33 

I 

309 

Amendment,  No.  1 

3-16-34 
5-10-34 
6-  8-34 
7-13-34 

VIII 

X 

XI 

XIII 

639 

Amendment,  No.  2 

535 

Amendment,  No.  3 

425 

Amendment,  No.  4 

307 

Distress  Merchandise,  Extension  of  time  to 

file  plan  for  regulating  the  disposal  of 

4-26-34 

IX 

935 

Knit  Elastic  Group,  Exemption  for  machine 

and  employee  hours  in  the 

3-29-34 

IX 

887 

Machine    operation,    partial   termination    of 

stay  for  hours  of 

5-14-34 

X 

966 

Price  Provisions,  Stay  of  code 

8-22-34 

XV 

720 

Temporarily    placed    under    Cotton    Textile 

Industry     --    -    

7-21-33 

I 

717 

Stay  extended 

10-20-33 

II 

697 

Underwear,     Hosiery     and     —     Division.      {See 

Wholesaling    or    Distributing    Trade    Supple- 

ment, No.  8.) 

Uniforms.      (*See  Athletic  Goods  Manufacturing.) 

272 

Unit  Heater  and/or  Unit  Ventilator  Manufactur- 

ing  

2-10-34 

VI 

355 

838 


Industry 


Upholstery  and  Decorative  Fabrics  Trade  (see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  1) 

Upholstery  and  Drapery  Textile 

Extension  of  time,  Further  —  for  certain 
manufacturers  to  elect  not  to  be  bound 
under  the  Code  of  Fair  Competition  for  the 

Upholstery,  Drapery  and  —  Trimming  (see  also 
Drapery  and  Upholstery  Trimming) 

Upholstery  Spring  and  Accessories 

Amendment,  No.  1 

Price^  Stay  of  provisions  relevant  to  —  filing 
and  publication 

Upward- Acting  Door 

Used  Textile  Bag 

Hazardous  occupations,  Extension  of  time  to 
file  list  of  —  for  minors 

Used  Textile  Machinery  and  Accessories  Dis- 
tributing Trade 

Vacuum  Cleaner  Manufacturing 

Cost  Accounting,  Extending  time  to  file  — 
system 

Valve,  Air  (see  also  Air  Valve) 

Valve  and  Fittings  Manufacturing 

Valves,  Industry  of  Wholesale  Plumbing  Products, 
Heating  Products  and/or  Distributing  Pipe, 
Fittings  and  (see  also  Industry  of  Wl^olesale 
Plumbing  Products,  Heating  Products  and/or 
Distributing  Pipe,  Fittings,  and  Valves) 

Varnish,  Paint,  and  —  Brush  Manufacturers' 
Division.      {See  Brush  Manufacturing.) 

Varnish,  Paint,  —  and  Lacquer  Manufacturing 
(see  also  Paint,  Varnish,  and  Lacquer  Manu- 
facturing)   

Varnish,  Wholesale  Paint,  - — •,  Lacquer,  Allied 
and  Kindred  Products  Trade  (see  also  Wholesal- 
ing or  Distributing  Trade  Supplement,  No.  lS)-_ 

Vault,  Bank,  and  Security  —  Manufacturing 
(see  also  Bank  and  Security  Vault  Manufactur- 
ing)   

Vegetable  Ivory  Button  Manufacturing 

Vehicle  Body,  Commercial  (see  also  Commercial 
Vehicle  Body) " 

Vehicle,  Motor  —  Retailing  Trade  (see  also  Motor 
Vehicle  Retail  Trade) 

Vehicle,  Motor  —  Storage  and  Parking  Trade 
(see  also  Motor  Vehicle  Storage  and  Parking 
Trade) 

Velvet 

Amendment,  No.  1 

Veneer  Division.  (*See  Lumber  and  Timber  Pro- 
ducts.) 

Venetian  Blind 

Ventilator,  Unit  Heater  and/or  Unit  • —  Manu- 
facturing (see  also  Unit  Heater  and/or  Unit 
Ventilator  Manufacturing) 

Violations,  Prohibiting  dismissal  of  employees 
for  reporting  alleged  —  for  Codes  of  Fair 
Competition 

Visible  Filing  Equipment  Division.  (iSee  Busi- 
ness Furniture  Storage  Equipment  and  Filing 
Supply.) 


3-  6-34 
11-27-33 


12-11-33 

1-16-34 
3-10-34 
8-  4-34 

4-27-34 
8-11-34 

2-  8-34 

3-23-34 

4-  4-34 

3-  2-34 

4-17-34 

3-31-34 

12-15-33 


8-25-34 


Volume 


10-31-33 

II 

8-  4-34 

XIV 

5-  1-34 

6-  9-34 

IX 
XI 

7-16-34 

XIII 

10-  3-33 

I 

12-  7-33 

12-30-33 

7-  5-34 

III 

IV 

XII 

1-24-34 

V 

2-10-34 

VI 

5-15-34 

X 

VI 

III 


IV 

V 

VII 

XIV 

IX 

XV 

VI 

VIII 

IX 
VII 

IX 
IX 

IV 


XV 


839 


Industry 


Vitreous  China  Plumbing  Fixtures  Division.  {See 
Plumbing  Fixtures.) 

Vitreous  Enameled  Ware  Manufacturing  (see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  43) 

Vitrified  Clay  Sewer  Pipe  Manufacturing 

Volley  Ball.  {See  Athletic  Goods  Manufactur- 
ing-) 

Wadding 

Wallboard,  Fibre  {see  also  Fibre  Wallboard) 

Wall,  Floor  and  —  Clay  Tile  {see  also  Floor  and 
Wall  Clay  Tile) 

Wall  Paper  Division.  {See  Wholesaling  or 
Distributing  Trade.) 

Wall  Paper  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Wallpaper,  Wholesale  —  Trade  {see  also  Whole- 
saling or  Distributing  Trade) 

Wall  Structure,  Metallic  —  Industrial  Subdivision 
{see  also  Fabricated  Metal  Products  Manufac- 
turing and  Metal  Finishing  and  Metal  Coating 
Supplement,  No.  1) 

Walls,  Suspended  —  and  Arches  Division.  {See 
Refractories.) 

Ware,  Galvanized  —  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  27) 

Warehousing,  Merchandise  —  Trade  {see  also 
Merchandise  Warehousing  Trade) 

Warehousing,  Refrigerated  {see  also  Refrigerated 
Warehousing) 

Warehousing,  Secondary  Steel  Products  —  Trade 
{see  also  Secondarv  Steel  Products  Warehousing 
Trade) 1 

Warm  Air  Furnace  Manufacturing 

Amendment,  No.  1 

Amendment,  No.  2 

Code  Administration,  Termination  of  exemp- 
tion for  collection  of  expenses  of 

Warm  Air  Pipe  and  Fittings  Manufacturing  {see 
also  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  IMetal  Coating  Sup- 
plement, No.  31) 

Warm  Air  Register 

Warpers,  Cotton  and  Yarn  Winders  —  and  Slash- 
ers Division.  {See  Textile  Processing  Amend- 
ment, No.  3.) 

V/arps,  Cotton  —  Division.  {See  Wool  Textile 
Amendment,  No.  1.) 

Wash  Goods  Division.  {See  Cotton  Textile  Sup- 
plement, No.  1.) 

Washing  and  Ironing  Machine  Manufacturing 

Amendment,  No.  1 ^" 

Amendment,  No.  2 

Amendment,  No.  3 

Code  Administration,  Termination  of  exemp- 
tion relevant  to  collection  of  expenses  of 

Price  quotation,  Stay  of  provisions  for 


Date 


7-22-34 
11-27-33 


4-19-34 
3-10-34 

11-  4-33 


9-  7-33 
12-30-33 

8-24-34 

3-16-34 


l-iO-34 


5-17-34 
1-27-34 
8-  8-34 


7-10-34 

11-27-33 

4-30-34 

6-27-34 

7-24-34 


5-18-34 
6-28-34 


Volume 


11-  4-33 
4-19-34 
6-  2-34 
6-22-34 

8-  2-34 
I     5-16-34 


XIII 
III 


IX 
VII 


II 


I 

IV 

XV 

VIII 


XI 

V 

XV 


XIII 

III 

X 
XII 

XIV 


XI 
XII 


709 
445 


297 
565 

443 


267 
677 
455 

771 


703 


441 

495 

25 


19 
461 
507 
331 

566 


501 

145 


II 

X 

XI 

XII 

XIV 
X 


461 
419 

387 

277 

600 
974 


840 


Industry  Date  Volume 


Washing  Machine  Parts  Manufacturing  {see  also 
Fabricated  Metal  Products,  Manufacturing  and 
Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  29) 5-17-34         XI 

Waste,    Machined    —    Manufacturing    {see    also 

Machined  Waste  Manufacturing) 12-  7-33         III 

Waste  Paper  Trade  {see  also  Scrap  Iron,  Non- 
ferrous  Scrap  Metals,  and  Waste  Materials 
Trade  Supplement,  No.  1) 7-12-34     XIII 

Waste,  Scrap  Iron,  Nonferrous  Scrap  Metals, 
and  —  Materials  Trade  {see  also  Scrap  Iron, 
Nonferrous  Scrap  Metals,  and  Waste  Materials 
Trade) 3-12-34      VIII 

Watch  Case  Manufacturing 12-23-33         IV 

Unstamped  watch  cases  may  be  sold,  Exten 

sion  of  time  during. which 7-31-34      XIV 

Water  Carrier,  Inland  —  Trade  in  the  Eastern 
Division  of  the  United  States  Operating  Via 
the  New  York  Canal  Sj'stem  {see  also  Inland 
Water  Carrier  Trade  in  the  Eastern  Division 
of  the  United  States  Operating  Via  the  New 
York  Canal  System) 2-6-34         VI 

Water  Heater,  Automobile  Hot —  Manufacturing 
{see  also  Automotive  Parts  and  Ecjuipment 
Manufacturing  Supplement,  No.  1) 6-25-34       XII 

Water  Meter  Manufacturing  {see  also  Machinerv 

and  AUied  Products  Supplement,  No.  8) 1 .      5-16-34  X 

Water  Polo.  {See  Athletic  Goods  Manufactur- 
ing.) 

Waterpower  Eauipment  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  13).---.-- 6-7-34         XI 

Waterproofing,  Dampproofing,  Caulking  Com- 
pounds and  Concrete  Floor  Treatments  Manu- 
facturing     11-27-33         III 

Waterproof  Paper 2-17-34       VII 

Water  Softener  and  Filter  {see  also  Machinery  and 

Allied  Products  Supplement,  No.  28) 7-  9-34     XIII 

Waterproof  Specialties,  Sanitary  and  —  Manu- 
facturing {see  also  Sanitary  and  Waterproof 
Specialties  Manufacturing) 3-17-34      VIII 

Waxed  Paper 12-18-33         IV 

Wax,  Furniture  and  Floor  —  and  Polish  {see  also 

Furniture  and  Floor  Wax  and  Polish) 1-23-34  V 

Wear  Buttons,  Men's  —  Division.  {See  Whole- 
saling or  Distributing  Trade.) 

Weaving,   Temporary  placing  of   Rayon  —   In- 

dustrv  under  the  Cotton  Textile  Industry 7-14-33  I 

Welt  Manufacturing 7-20-34     XIII 

Wet  Ground  Mica  Division.     {See  Mica.) 

Wet  Mop  Manufacturing 1-23-34  V 

Amendment,  No.  1 7-29-34     XIII 

Wheel,    Buff   and    Polishing    {see   also   Buff   and 

Polishing  Wheel) 11-4-33  II 

Wheel,  Chilled  Car  {see  also  Chilled  Car  Wheel) 2-1 7-34       VII 

Wheel,  Grinding  {see  also  Grinding  Wheel) 12-21-33         IV 

Wholesale,  Alcoholic  Beverage  (Labor  Provisions)  _      5-22-34  X 

Wholesale  Automotive  Trade 12-18-33         IV 

Amendment,  No.  1 7-14-34     XIII 

Wholesale  Coal 3-1-34       VII 

Amendment,  No.  1 7-20-34     XIII 

Bids,  Staying  application  of  Order  relevant 

to  —  Rendered  to  governmental  agencies.  _ I     6-27-34       XII 


841 


Industry 


Volume 


Page 


Wholesale  Coal — Continued. 

Code  Authorities,  Appointment  of  Adminis- 
tration Members  on  Coordination  Boards 

of  the  Several 

Sales  to  hospitals,  Disallowing  special  exemp- 
tions for 

Wholesale  Confectioners' 

Amendment,  No.  1 

Distribution  of  Merchandise,  Extending  stay 

of  Article  VIII,  Rules  21  covering 

Sale,  Approval  of  plan  to  govern  —  of  "Dis- 
tressed Candy " 

Trade  Practice  Provision,  Extension  of  stay 

for  one 

Wholesale  Drj^  Goods  Trade  (see  also  Whole- 
ing    or    Distributing    Trade    Supplement, 

No.  8) 

Wholesale,  Electrical  —  Trade  {see  also 
Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  20) 

Wholesale  Embroidery  Trade  {see  also  Whole- 
saling or  Distributing  Trade  Supplement, 

No.  23) 

Wholesale  Food  and  Grocery  Trade 

Amendment,  No.  1 

Amendment,  No.  2 

Labor  Provisions 

Transportation  charges,  Stay  for  method  of 

computing 

Wages    of    labor,    Approving    allowance    for 

actual 

Wholesale  Haidware  Trade  {see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  17) 

Wholesale,  Industry  of  —  Plumbing  Products, 
Heating  Products  and/or  Distributing  Pipe, 
Fittings  and  Valves  {see  also  Industry  of  Whole- 
sale Plumbing  Products,  Heating  Products  and/or 

Distributing  Pipe,  Fittings  and  Valves) 

Wholesale  Jewelry  Trade  {see  also  Wholesaling  or 

Distributing  Trade  Supplement,  No.  22) 

Wholesale  Lobster  {see  also  Fishery  Supplement, 

No.  2) 

Wholesale,  Local — Bakers'  Division.    {See  Baking.) 
Wholesale,  Manufacturing  and  —  Surgical  {see  also 

Manufacturing  and  Wholesale  Surgical) 

Wholesale  Millinery  Trade  {see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  3) 

Wholesale  Monumental  Granite 

Price  lists.  Extending  time  to  file 

Wholesale  Monumental  Marble 

Wholesale,   Optical  —  Industry  and  Trade  {see 

also  Optical  Wholesale  Industry  and  Trade) 

Wholesale  Paint,  Varnish,  Lacquer,  Allied  and 
Kindred  Products  Trade  {see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  18) 

Wholesalers',  Button  Jobbers'  or  —  Trade  {see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  15) 

Wholesale  Stationery  Trade  {see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  6) 

Wholesale  Tobacco  Trade --_. 

Prices,    Determination    of    basis    for    fixing 

minimum 

86360—34 a 


&-21-34 

5-28-34 
6-  6-34 
7-17-34 

6-21-34 

8-11-34 

7-23-34 

5-14^34 

8-13-34 

8-24-34 
1-  4-34 
4-  4-34 
8-  2-34 
11-15-33 

5-25-34 

3-21-34 

7-30-34 


8-25-34 
8-21-34 
4-13-34 

8-  9-34 

4-16-34 
5-31-34 

7-  5-34 
7-14-34 

5-31-34 

8-  4-34 

7-26-34 

4-21-34 
6-  9-34 

7-12-34 


XII 

XI 

XI 

XIII 

XII 

XV 

XIV 

X 

XV 

XV 
V 

IX 
XIV 

III 

X 

VIII 
XIV 


XV 
XV 
IX 

XV 

IX 

XI 

XII 

XIII 

XI 
XIV 

XIV 

X 
XI 

XIII 


655 

791 
205 

381 

657 
660 
56S 

885 

525 


615 
1 
693 
i293 
645 

985 

'872 

451 


!l63 
,569 
823 

57 

843 
,  79 
695 
^31 

61 

^547 

<369 

■621 

p75 

74S 


842 


Industry 


Wholesale  Wallpaper  Trade  (see  also  Wholesaling 

or  Distributing  Trade  Supplement,  No.  2) 

Wholesaling,  Fur  —  and  Distributing  Trade  {see 
also  Wholesaling  or  Distributing  Trade  Sup- 
plement, No.  11) 

Wholesaling  or  Distributing  Trade 

Beauty  and  Barber  Supplies  Division 

Button  Division 

Charcoal  and  Packaged  Fuel  Division 

Cycle  Jobbers  Division 

Dry  Goods  Division 

Electrical  Supplies  Division 

Embroidery  and  Lace  Division 

Floor  Covering  Division 

Furriers'  Supplies  Division 

Hardware  Division 

Hats  and  Caps  Division 

Jewelry  Division 

Men's  Novelty  Jewelry  Division 

Men's  Wear  Buttons  Division 

Notion,  Thread  and  Women's  Garments  Di- 
vision   

Radio  Division 

School  Supplies  Division 

Sheet  Metal  Division 

Silverwear  Division 

Supplies  Division 

Twine  and  Cordage  Division 

Upholstery  and  Decorative  Fabrics  Division. . 

Wall  Paper  Division 

Woolen    and    Trimming    Garment    Supplies 

Division 

Supplement,  No.  1,  for  Upholstery  and  Deco- 
rative Fabrics  Trade 

Supplement,  No.  2,  for  Wholesale  Wallpaper 

Trade 

Amendment,  No.  1 

Supplement,  No.  3,  for  Commercial  Station- 
ery and  Office  Outfitting  Trade 

Supplement,  No.  4,  for  Beauty  and  Barber 

Equipment  and  Supplies  Trade 

Supplement,  No.  5,  for  Wholesale  Millinery 

Trade 

Supplement,  No.  6,  for  Wholesale  Stationery 

Trade 

Supplement,   No.  7,  for  Radio  Wholesaling 

Trade 

Supplement,  No.  8,  for  Wholesale  Dry  Goods 

Trade 

Hosiery  and  Underwear  Division 

House  Furnishing  Division 

Knitted  Outerwear  Division 

Men's  Furnishings  Division 

Notions  Division 1 

Piece  Goods  Division 

Ready-to-wear  Division 

Supplement,    No.   9,   for  Leather  and   Shoe 

Findings  Trade 

Supplement,    No.    10,  for  Furriers'  Supplies 

Trade 

Supplement,  No.  11,  for  Fur  WholesaUng  and 
Distributing  Trade 


Date 

Volume 

3-16-34 

VIII 

6-  9-34 

XI 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

1-12-34 

V 

3-  6-34 

VII 

3-16-34 

VIII 

5-10-34 

X 

3-16-34 

VIII 

4-  4-34 

IX 

4-16-34 

IX 

4-21-34 

X 

4-21-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-14-34 

X 

5-17-34 

XI 

6-  2-34 

XI 

6-  9-34 

XI 

843 


201.    Wholesaling  or  Distributing  Trade — Continued. 
Supplement,  No.  12,  for  School  Supplies  and 

Equipment  Trade 

Supplement,  No.  13,  for  Athletic  Goods  Dis- 
tributing Trade 

Supplement,  No.  14,  for  Woolens  and  Trim- 
mings Distributing  Trade 

Supplement,  No.  15,  for  Button  Jobbers'  or 

Wholesalers'  Trade : 

Men's  Wear  Division 

Women's  Wear  Division 

Supplement,  No.  16,  for  Sheet  Metal  Dis- 
tributing Trade 

Supplement,  No.  17,  for  Wholesale  Hardware 

Trade 

Supplement,  No.  18,  for  Wholesale  Paint, 
Varnish,  Lacquer,  Allied  and  Kindred  Prod- 
ucts Trade 

Supplement,  No.  19,  for  Charcoal  and  Pack- 
age Fuel  Distributing  Trade 

Supplement,  No.  20,  for  Electrical  Whole- 
sale Trade 

Supplement,    No.    21,    for    Copper,    Brass, 

Bronze  and  Related  Alloys  Trade 

Supplement,  No.  22,  for  Wholesale  Jewelry 

Trade 

Supplement,  No.  23,  for  Wholesale  Embroid- 
ery Trade 

Wholly  or  Semi-Hand  Made  Bag  Division.      {See 

Paper  Bag  Manufacturing.) 
Wide  Bed  Sheeting.      {See  Cotton  Textile.) 
Winders,    Cotton    and    Yarn    —    Warpers    and 
Slashers     Division.      {See     Textile     Processing 
Amendment,  No.  3.) 
Window   Face    Bag   Division.     {See   Paper   Bag 
Manufacturing.) 

Window,  Metal  {see  also  Metal  Window) 

Wine  (Labor  Provisions) 

Wiping  Cloth 

Wages,  Extending  time  for  submission  of  a 

plan  to  adjust  —  above  the  minimum 

Wire    and    Cable    Subdivision.     {See    Electrical 

Manufacturing.) 
Wire,  Bright  —  Goods  Manufacturing  {see  also 
Fabricated  Metal  Products  Manufacturing  and 
Metal   Finishing   and    Metal   Coating   Supple- 
ment, No.  21) 

Wire      Brush      Manufacturers'      Division.      {See 

Brush  Manufacturing.) 
Wire,  Complete  —  and  Iron  Fence  {see  also  Fabri- 
cated Metal  Products  Manufacturing  and  Metal 
Finishing    and     Metal     Coating    Supplement, 

No.  38) 

Wire  Covering,  Knitting,  Braiding  and —  Machine 
{see  also  Knitting,  Braiding  and  Wire  Covering 

Machine) 

Wire  Machinery  {see  also  Machinery  and  Allied 

Products  Supplement,  No.  5) 

Wire,  Pulp  and  Paper  Mill  —  Cloth  Manufactur- 
ing {see  also  Fabricated  Metal  Products  Manu- 
facturing   and     Metal    Finishing    and     Metal 

Coating  Supplement,  No.  44) 

Wire,  Rod,  and  Tube  Die 


7-  5-34 

7-17-34 

7-23-34 

7-26-34 
7-26-34 
7-26-34 

7-27-34 

7-30-34 

8-  4-34 
8-  7-34 
8-13-34 
8-13-34 
8-21-34 
8-24-34 


1-13-34 
8-18-34 
2-17-34 

3-26-34 


5-  7-34 


7-  3-34 

10-  3-33 
5-  9-34 


7-30-34      XIV 
2-  1-34         VI 


XII 

XIII 

XIV 

XIV 
XIV 
XIV 

XIV 

XIV 

XIV 
XV 
XV 
XV 
XV 


599 

619 

321 

369 
369 
369 

381 

451 

547 
473 
525 
511 
569 


XV     615 


V 
XV 
VII 

VIII 


XII 

I 
X 


133 
459 
199 

877 


781 


545 

411 

807 


421 
65 


844 


Industry 

7* 

Wire  Rope  and  Strand  Manufacturing  {see  also 
(Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Supple- 
ment, No.  34) 

Wire  Tack,  Cut  Tack,  —  and  Small  Staple  Manu- 
facturing (see  also  Fabricated  Metal  Products 
Manufacturing  and  Metal  Finishing  and  Metal 

Coating  Supplement,  No.  40) 

Witch  Hazel 

Women's  Belt 

Amendment,  No.  1 

Overtime,  Permitting  —  under  certain  condi- 
tions for  the  —  Industry 

Women's  Garments,  Notion,  Thread  and  —  Divi- 
sion.    {See  Wholesaling  or  Distributing  Trade.) 
Women's  Wear,  Carded  —  Division.     {See  Wool 

Textile  Amendment,  No.  1.) 
Women's   Wear   Division.     {See   Wholesaling   or 

Distributing  Trade  Supplement,  No.  15.) 
Women's  Wear,  Worsted  —  Division.      {See  Wool 
Textile  Amendment,  No.  1.) 

Wood  Cased  Lead  Pencil  Manufacturing 

Simplification  and  Standardization  Schedule, 

Approval  of 

Wood,  End  Grain  Strip  — -  Block  {see  also  End 

Grain  Strip  Wood  Block) 

Wooden  Insulator  Pin  and  Bracket  Manufactur- 
ing  

Wooden  Pail  and  Tub  Subdivision.     {See  Lum- 
ber and  Timber  Products  Amendment,  No.  18.) 
Wood    Fabric    Shade,    Woven    (see    also    Woven 

Wood  Fabric  Shade) 

Wood     Floor  Contracting  (see  also  Construction 

Supplement,  No.  11) 

Wood  Heel 

Amendment,  No.  1 

Wood,  Metal  Hat  Die  and  —  Hat  Block  (see  also 

Metal  Hat  Die  and  Wood  Hat  Block) 

Wo o d  PI  u  g 

Wood  Preserving 

Wood  Screw  Manufacturing  (see  also  Fabricated 
Metal  Products  Manufacturing  and  Metal  Fin- 
ishing and  Metal  Coating  Supplement,  No.  24) 
Wood,  Specialty  —  Flooring  Division.  (»See 
Lumber  and  Timber  Products  Amendment,  No. 
9.) 

Wood  Turning  and  Shaping  Industries 

Brush  Handle  and  Brush  Block  Division 

Candy  Stick  Division 

Clothespin  Division 

Flat  and  Shaped  Products  Division 

Skewer  Division 

Spool  Division 

Toothpick  Division 

Variety    Wood   Turning   and   Small  Turned 

Wood  Handles  Division 

Clothespin  Division,  Extending  time  for  the 

—  to  file  prices 

Clothespin  Division,  Extending  time  to    file 

prices  for  the 

Supplement,  No.  1,  for  Dowel 

Woodwork  Division.  {See  Lumber  and  Timber 
Products.) 


Date 

Volume 

5-24-34 

XI 

7-  6-34 

2-  1-34 

10-  3-33 

3-24-34 

XIII 
VI 

I 

VIII 

3-  6-34 

VII 

2-17-34 

VII 

8-18-34 

XV 

12-30-33 

IV 

3-16-34 

VIII 

6-28-34 

XII 

5-29-34 
2-  9-34 
8-  1-34 

XI 

VI 

XIV 

1-23-34 

11-14-33 

7-13-34 

V 

III 

XIII 

5-10-34 

X 

4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 
4-  4-34 

IX 
IX 

IX 
IX 
IX 
IX 
IX 
IX 

4-  4-34 

IX 

5-11-34 

X 

6-27-34 

8-24-34 

XII 
XV 

845 


Code 
No. 

Industry 

Date 

Volume 

Page 

Woodworking  Machinery  (see  also  Machinery  and 
Allied  Products  Supplement,  No.  6)      _.    . 

5-14^34 

11-  4^33 

7-23-34 
11-27-33 

3-  2-34 

3-  6-34 
2-28-34 

7-26-33 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 
1-23-34 

1-23-34 

1-23-34 
1-23-34 
1-23-34 
3-26-34 

7-  5-34 
6-28-34 

3-27-34 

7-11-34 

5-28-34 

5-  5-34 
1-16-34 

2-17-34 

X 

II 
XIV 

III 

VII 

VII 
VII 

I 

V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 
V 

V 

V 

V 

V 

VIII 

XII 

XII 

VIII 

XIII 

XI 

X 

V 

VII 

855 

87 

Wool-felt.      {See  Hat   Manufacturing.) 

Woolen  and  Trimming  Garment  Supplies  Division. 

(See  Wholesaling  or  Distributing  Trade.) 
Woolen  and  Worsted  Yarn  Dyers  Division.     (See 

Textile  Processing  Amendment,  No.  3.) 
Woolen  Goods,  Knitted  —  Division.     (See  Wool 

Textile  Amendment,  No.  1.) 
Woolen,   Leather  and  —   Knit   Glove    (see  also 

Leather  and  Woolen  Knit  Glove) 

367 

Woolens  and  Trimmings  Distributing  Trade  (see 
also  Wholesaling  or  Distributing  Trade  Supple- 
ment, No.  14)                    .    

321 

143 

Wool  Felt  Manufacturing 

535 

Occupations,  Classification  of  hazardous  — 
in  the  —  Industry 

724 

321 

Wool,  Reworked  —  Division.     {See  Wool  Textile 

Amendment,  No.  1.) 
Wool,  Rock  and  Slag  —  Manufacturing  (see  also 

Rock  and  Slag  Wool  Manufacturing) 

497 

313 

Wool  Scourers  and  Carbonizers  Division.     {See 

Wool  Textile  Amendment,   No.   1.) 
Wool,  Steel  (see  also  Steel  Wool)         _   .   ._     _   __ 

397 

3 

Wool  Stock   Trade   Division.      (<See   Scrap   Iron, 
Nonferrous  Scrap  Metals  and  Waste  Materials 
Trade.) 

Wool  Textile. --   _                     .         .-..-._ 

33 

Blankets  Division                       _      

679 

Carded  Men's  Wear  Division       .    _ 

679 

Carded  Spinner  Division.  _                .        . 

679 

Carded  Women's  Wear  Division     .      .    _ 

679 

Combers  Division                                            .    _ 

679 

Cotton  Warps  Division                              _   _   __ 

679 

Knitted  Woolen  Goods  Division 

679 

Piece  Goods  Selling  Division                        

679 

Reworked  Wool  Division..          ..              __    _ 

679 

Topmakers  Division                       . ._ 

679 

Wool  Scourers  and  Carbonizers  Division 

Worsted  Men's  Wear  Division       _                _    _ 

679 
679 

Worsted     Spinners,     Bradford     System,  Di- 
vision _  . 

679 

Worsted     Spinners,     French     System,     Di- 
vision. _    ... 

679 

Worsted  Women's  Wear  Division                

679 

Amendment,  No.  1.               ..       ... 

619 

Amendment,  No.  2                 

715 

Export  Sales,  Exemption  from  Practice  and 
Merchandising  rules  for  the  Piece  Goods 
Selling  Division  of         _    _    .                    

696 

Labor  Controversies,  Administration  of 

Practice  and  M-erchandising,  Approving  rules 
of           _                  .      .                    

680 

878 

Productive  Machinery,  Stay  of  limitation  on 
use  of 

744 

Sales   Yarn   Division  rules  of   Practice  and 
Merchandising   .  .                               . 

798 

Topmakers  Division,  Rules  of  Practice  and 
Merchandising  for  the          . 

959 

213 

Wool  Trade  _.                .                        

235 

Workers,  Prescribing  Rules  and  Regulations  for 
the  Interpretation  and  Application  of  Certain 
Labor  Provisions  of  the  Codes  of  Fair  Competi- 
tion as  they  may  affect  Handicapped 

706 

846 


Code 

No. 


473 
331 


318 


14 

475 


Industry 


Workshops.      {See  Sheltered  Workshops.) 
Worsted.     {See  Wool  Textile  Amendment,  No.  1.) 
Worsted,  Woolen  and  —  Yarn  Dyers  Division. 

{See  Textile  Processing  Amendment,  No.  3.) 
Woven  Elastic  Division.     {See  Narrow  Fabrics.) 

Woven  Wood  Fabric  Shade 

Wrapped,  Bulk  Drinking  Straw,  —  Drinking 
Straw,  Wrapped  Toothpick,  and  Wrapped 
Manicure  Stick  {see  also  Bulk  Drinking  Straw, 
Wrapped  Drinking  Straw,  Wrapped  Toothpick, 

and  Wrapped  Manicure  Stick) 

Wrapping  Twine,  Cordage  and  —  Division.  {See 
Cordage  and  Twine.) 

Wrecking  and  Salvage 

Wrenches,  Drop-forged  —  (Carbon)  Division. 
{See  Fabricated  Metal  Products  Manufacturing 
and  Metal  Finishing  and  Metal  Coating  Sup- 
plement, No.  15.) 
Wrench  Manufacturing  {see  also  Fabricated  Metal 
Products  Manufacturing  and  Metal  Finishing 

and  Metal  Coating  Supplement,  No.  15) 

Wrestling.     {See  Athletic  Goods  Manufacturing.) 

Yarn.     {See  Cotton  Textile.) 

Yarn,  Cotton  —  Glazers  Division.     {See  Textile 

Processing  Amendment,  No.  3.) 
Yarn,  Rayon  and  Synthetic  —  Producing  {see  also 

Rayon  and  Synthetic  Yarn  Producing) 

Yeast 


Date 

Volume 

6-28-34 

?:ii 

^ 

3-14-34 

VIIJ 

3-  3-34 

VII 

4-  4-34 

IX 

8-26-33 
7-  2-34 

I 

XII 

161 

13 

459 

789 


223 
197 


o 


BOSTON  PUBLIC  LIBRARY 


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