'ES OF ¥Aill (.^uMlisHTH
rt]
.No Q^^^X \ f\MrC
^
V- ^S
t
_^
NATIONAL RECOVERY ADMINISTRATION
HUGH S. JOHNSON, Administrator for National Recovery
CODES O^F^Am'cOMPETITION
Nos. 497-508
AS APPROVED
AUGUST 5-AUGUST 25, 1934
WITH SUPPLEMENTAL CODES, AMENDMENTS
EXECUTIVE AND ADMINISTRATIVE
ORDERS ISSUED BETWEEN
THESE DATES
VOLUME XV
W£ DO OUR PART
GOVERNMENT t'RlNTIl'JG OFriCE
WASHINGTON : 1934
MAY 26 1936
C^rgei to credit acct
with Supt. ot Documersb
CONTENTS
Code
No. I
Industry
Date ap-
proved, 1934
497
498
499
500
501
502
503
504
505
506
507
508
CODES OF FAIR COMPETITION
Textile Examining, Shrinking, and Refinishing
Corn Cob Pipe
Refrigerated Warehousing
Processed or Refined Fish Oil
Manufacturing and Wholesale Surgical
Upward-Acting Door
Pretzel
Animal Glue
Blackboard and Blackboard Eraser Manufacturing
Electric and Neon Sign
Surgical Distributors Trade
Industry of Wholesale Plumbing Products, Heating Prod'
ucts and/or Distributing Pipe, Fittings, and Valves
Aug. 6
Aug. 7
Aug. 8
Aug. 8
Aug. 9
Aug. 11
Aug. 11
Aug. 23
Aug. 23
Aug. 24
Aug. 24
Aug. 25
1
13
25
39
57
71
87
101
117
131
147
163
Industry
Date
AMENDMENTS
Textile Processing, No. 3
Nottingham Lace Curtain, No. 1
Stay Manufacturing, No. 1
Light Sewing Industry Except Garments, No. 5
Peanut Butter, No. 2.
Power and Gang Lawn Mower Manufacturing, No. 1 (A
Division of the Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating Industry)
Boot and Shoe Manufacturing, No. 1 I
Buffing and Polishing Composition, No. 1
Mechanical Lubricator, No. 1 (A Division of the Machinery
and Allied Products Industry)
Open Paper Drinking Cup and Round Nesting Paper Food
Container, No. 1
Graphic Arts, No. 7
Newspaper Printing Press, No. 1
Print Roller and Print Block Manufacturing, No. 1
Saw and Steel Products Manufacturing, No. 1
Ornamental Moulding, Carving and Turning, No. 2
Plumbing Contracting, No. 1 (A Division of the Construction
Industry)
Steel C?sting, No. 1
Beater and Jordan and Allied Equipment, No. 1 (A Division
of the Machinery and Allied Products Industry)
Concrete Masonry, No. 1
Cooking and Heating Appliance Manufacturing, No. 1
Foundry Equipment, No. 1
Industrial Furnace Manufacturing, No. 1
Men's Clothing, No. 4
Pipe Nipple Manufacturing, No. 1
(I)
8-
6-34
7-34
7-34
8-34
8-34
?- 8-34
^- 9-34
3- 9-34
8- 9-34
8-10-34
8-10-34
8-10-34
8-10-34
8-11-34
8-11-34
8-11-34
8-13-34
8-13-34
8-13-34
8-13-34
8-13-34
8-13-34
8-13-34
Page
181
189
193
197
201
205
209
213
3- 9-34 I 219
225
229
233
237
243
249
253
257
263
265
269
273
277
283
287
CONTENTS— Continued
Industry-
Date
AMENDMENTS— Continued
Artificial Flower and Feather, No. 1
Hosiery, No. 4
Carbon Dioxide, No. 1 (A Division of the Chemical Manufac-
turing Industry) ;
Cotton Ciarnient, No. 5
End Grain Strip ¥/ood Block, No. 1
Graphic Arts, No. 8
Conveyor and Material Preparation Equipment Manufactur-
ing, No. 1 (A Division of the Machinery and Allied Products
Industry)
Hoisting Engine Manufacturing, No. 1 (A Division of the
Machinery and Allied Products Industry)
Coat and Suit, No. 1
Fresh Water Pearl Button Manufacturing, No. 1
Hardwood Distillation, No. 2
Cotton Garment, No. 6
Cotton Garment, No. 7
Merchandise Warehousing Trade, No. 1
Paper Distributing Trade, No. 1
Photo-Engraving, No. 1
Automotive Parts and Equipment Manufacturing, No. 2
Electrotyping and Stereotyping, No. 2
Picture Moulding and Picture Frame, No. 1
Retail Trade, No. 3
Crushed Stone, Sand and Gravel, and Slag, No. 1
Feldspar, No. 1
Foundry Supply, No. 1
Novelty Curtains, Draperies, Bedspreads and Novelty Pillows,
No. 2
Savings, Building and Loan Associations, No. 1
Saw and Steel Products Manufacturing, No. 2
Steel Casting, No. 2
Wall Paper Manufacturing, No. 2
LABOR PROVISION
Wine
SUPPLEMENTS
Wholesaling or Distributing Trade, No. 19, for Charcoal and
Package Fuel Distributing Trade
Construction, No. 17, for Marble Contracting
Machinery and Allied Products, No. 42, for Pulp and Paper
Machinery
Wholesaling or Distributing Trade, No. 21, for CojDper, Brass,
Bronze and Related Alloys Trade
Wholesaling or Distributing Trade, No. 20, for Electrical Whole-
sale Trade
Construction, No. 18, for Building Granite
Wood Turning and Shaping Industries, No. 1, for Dowel
Chemical Manufacturing, No. 3, for Industrial Alcohol
Wholesaling or Distributing Trade, No. 22, for Wholesale
Jewelry Trade
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coating, No. 46, for Electro Plating and Metal
Polishing and Metal Finishing
Fabricated Metal Products Manufacturing and Metal Finishing
and Metal Coatmg, No. 47, for Pipe Tool Manufacturing
Wholesaling or Distributing Trade, No. 23, for Wholesale
Embroidery Trade
8-14-34
8-14-34
8-16-34
8-16-34
8-16-34
8-16-34
8-18-34
8-18-34
8-20-34
8-20-34
8-20-34
8-21-34
8-21-34
8-21-34
8-21-34
8-21-34
8-23-34
8-23-34
8-23-34
8-23-34
8-24-34
8-24-34
8-24-34
8-24-34
8-24-34
8-24-34
8-24-34
8-24-34
8-18-34
8- 7-34
8-11-34
8-11-34
8-13-34
8-13-34
8-20-34
8-20-34
8-21-34
8-21-34
8-22-34
8-23-34
8-24-34
(II)
CONTENTS— Continued
Industry
Date
EXECUTIVE ORDERS
President's Reemployment Agreement, Extension to April 30,
1934
Federal Alcohol Control Administration, Delegating further
functions and powers to the
ADMINISTRATIVE ORDERS
Atlantic Mackerel Fishing (A Division of the Fishery Industry),
Production, Approval of plan of curtailment of
Fresh Oyster (A Division of the Fishery Industry), Hours of
labor, rates of pay, etc., Extending time to report on
Fur Manufacturing, Code Authority, Increasing membership on
the temporary
President's Reemployment Agreement, Service Trades, Supple-
mentary rules and regulations for employers in towns of less
than 2,500 in population
Structural Steel and Iron Fabricating, Effective date of code,
Staying
Fur Manufacturing, Special Commission, Appointment and
allocation of certain powers to the
Silverware Manufacturing, Cost accounting system, Approval
of
Asbestos, Brake Lining and Related Friction Products Division,
Approving a Merchandising Plan for the
Ice, Minimum prices. Declaration of an emergency and estab-
lishment of
Optical Retail Trade, Trade Practice Provisions, Stay of
National Sheltered Workshop Committee, Appointing Mem-
bers of
Smoking Pipe Manufacturing, Cost Accounting System, Ap-
proval of Standard
Cigar Manufacturing, Wage Exemptions, Granting higher —
for slow workers
Lumber and Timber Products Industries, Prices, Granting
Limited exemption from Rules and Regulations for applica-
tion of minimum
Needlework Industry in Puerto Rico, Homework, Staying ap-
plication of code relevant to
Graphic Arts, Steel and Copper Plate Engraving and Printing,
Stay of minimum wage provisions for the
Wholesale Confectioners', Sale, Approval of plan to govern —
of "Distressed Candy"
Asphalt and Mastic Tile, Costs, Staying code provisions rele-
vant to prices covering installation
Furniture Manufacturing, Cost Formula, Approving
Household Goods Storage and Moving Trade, National Indus-
trial Relations Board, Recognition of temporary members and
authorization of the
Packaging Machinery Industry and Trade, Hour tolerance.
Granting temporary man
Shipbuilding and Ship repairing, Industrial Relations Com-
mittee, Membership and Expenses
Cigar Container, Cost inclusion and application, Approving uni-
form method of
Cylinder Mould and Dandy Roll and Paper Making Machine
Builders, Classification of members
Gray Iron Foundry, Cost and Estimating System, Approval of
Uniform
Bottled Soft Drink, Deposit rules and schedule, Approving of.
Wood Cased Lead Pencil Manufacturing, Simplification and
Standardization Schedule, Approval of
12-19-33
8-21-34
8- 6-34
8- 6-34
8- 6-34
8- 6-34
8- 6-34
8- 7-34
8- 7-34
8- 8-34
8- 8-34
8- 8-34
8- 9-34
8- 9-34
8-10-34
8-10-34
8-10-34
8-11-34
8-11-34
8-13-34
8-13-34
8-13-34 663
8-14-34 665
8-15-34 667
8-16-34 669
8-17-34 1 671
8-17-34
8-18-34
8-18-34
(III)
CONTENTS— Continued
Industry
Date
ADMINISTRATIVE ORDERS— Continued
Government contracts and contracts involving the use of gov-
ernment funds, Gas to the Superintendent of Lighthouses from
the Pintsch Compressing Company
Government contracts and contracts involving the use of gov-
ernment funds, Globe Wireless, Ltd., for furnishing telegraphic
service to the Weather Bureau
Government Contracts and contracts involving the use of gov-
ernment funds. New Central Garage, Inc., with the Bureau of
Internal Revenue
Government Contracts and contracts involving the use of gov-
ernment funds, Street car tickets from the Nueces Transpor-
tation Company to the postmaster at Corpus Christi, Texas. _
Code Administration, Collection of expenses of
Ice, Production Control, Continuing code provision relevant to-
Waste Paper Trade, Prices, Establishing and publishing mini-
mum net
Machinery and Allied Products, Code Authority, Increasing
time to elect a permanent
Retail Rubber Tire and Battery Trade, Cost, Declaration of
emergency and revised determination of lowest reasonable. _
Underwear and Allied Products Manufacturing, Price Pro-
visions, Stay of code
Electrotyping and Stereotyping, Standard Scale, Amendment to.
Automatic Sprinkler, Cost accounting system, approving
basis of
Bottled Soft Drink, Sale, Approval of regulations to govern
terms and conditions of
Candy Manufacturing, Wage adjustments above the minimum
Staying time limit for equitable
Dress Manufacturing, Wage differentials. Extending time to
report on
Government contracts and contracts involving the use of
government funds, Transportation of freight for the Govern-
ment on the Pacific Coast
Retail Rubber Tire and Battery Trade, Quotations and sales to
governmental agencies
Index
8-20-34 1 675
8-20-34 676
8-20-34 677
-20-34
-21-34
-21-34
-21-34
-22-34
-22-34
-22-34
-23-34
-24-34
-24-34
-24-34
-24-34
-24-34
-24-34
678
679
680
682
684
685
720
721
722
723
724
725
726
727
729
(IV)
CODES OF FAIR COMPETITION
Approved Code No. 497
CODE OF FAIR COMPETITION
FOR THE
TEXTILE EXAMINING, SHRINKING AND
REFINISHING INDUSTRY
As Approved on August 6, 1934
ORDER
Code of Fair Competition for the Textile Examining, Shrinking
AND RefINISHING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Textile Examining, Shrinking and Refin-
ishing Industry, and hearings having been duly held thereon and
the annexed report on said Code, containing findings with respect
thereto having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated Decem-
ber 30, 1933, and otherwise; do hereby incorporate by reference
said annexed report and do find that said Code complies in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act; and do hereby order that
said Code of Fair Competition be and it is hereby approved; pro-
vided, however, that members of the Cotton Textile Industry oper-
ating under the Code of Fair Competition for the Cotton Textile
Industry and its provisions governing the shrinking, finishing, and
similar processing of Cotton Textiles shall, for the purposes of this
Code not be deemed members of this Industry ; and provided fur-
ther, that the National Textile Finishers Association shall, within
sixty (60) days from the date of this Order, amend that part of
Article II, Section 2 of the By-Laws of said Association which pro-
vides that an applicant for membership must receive an affirmative
vote of the majority of the Board of Directors, so as to render it
inapplicable to applicants for Code Membership, and also amend
Article VIII, Sections 2 and 3 of the By-Laws of said Association to
make conviction for a Code violation in a Court of competent juris-
78664° 1041—34- 34 (i)
diction or non-payments of dues, or the ceasing to be a member of
the Industry the only grounds for suspension and/or expulsion of
a Code Member.
Hugh S, Johnson,
Administrator for hulibstrial Recovery.
Approval recommended :
WiLIJAM P. FaRNSWORTH,
Acting Division Administrator.
Washington, D.C,
August 6, 193 Jf.
REPOKT TO THE PRESIDENT
The President,
The White House,
Sm: The Public Hearing on the Code of Fair Competition for
the Textile Examining, Shrinking, and Refinishing Industry was
conducted in Washington, D.C., March 10, 1934.
Every person who requested an appearance was fairly heard in
accordance with the regulations of the National Recovery Admin-
istration.
The Industry as defined in the Code includes the services of ex-
amining, sponging or shrinking, double sponging or shrinking,
decating, london, or water shrinking and refinishing of woolen and
other woven fabrics owned by others.
FINDINGS
The Deputy Administrator in his final report to me on sa'id Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery x\.ct, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practice, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant Associ-
ation is an industrial association truly representative of the afore-
said industry, and that the said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(3)
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons the Code has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator,
August 6, 1934.
CODE OF FAIK COMPETITION FOR THE TEXTILE EX-
AMINING, SHRINKING AND REFINISHING INDUSTRY
Article I — Ptjrposes
To eflPectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Textile Examining, Shrinking, and
Refinishing Industry, and shall be the standard of fair competition
for such Industry and shall be binding upon every member thereof.
Article II — Definitions
1. The term " Textile Examining, Shrinking, and Refinishing
Industry " as used herein means and includes the services of exam-
ining, sponging, or shrinking, double sponging or shrinking, de-
cating, london, or water shrinking and refinishing of woolen and
other woven fabrics owned by others, and such related branches
or subdivisions as may from time to time be included under the
provisions of this Code or specifically excluded therefrom by the
Administrator.
2. The term " member of the industry " includes, but without
limitation, any individual, partnership, association, corporation,
or other lorm of enterprise engaged in the Industry either as an
employer or on his or its own behalf.^
3. The term " employee " as used herein means and includes any
person engaged in any phase of the Industry, in any capacity, re-
ceiving compensation for his services, irrespective of the nature
or method of payment of such compensation, including members
of the Industry who may do the same work as employees.
4. The term " employer '' as used herein means and includes any-
one by whom any such employee is compensated or employed.
5. The term " President ", "Act ", and "Administrator ", as used
herein shall mean respectively, President of the United States, Title
I of the National Industrial Recovery Act, and the Administrator
for Industrial Recovery.
Article III — Hours
1. No employee shall be permitted to work in excess of forty (40)
hours per week, nor more than eight (8) hours in any twenty-four
(24) hour period, except as herein otherwise provided.
2. No employees engaged in emergency maintenance or emergency
repair work or as watchmen shall be permitted to work in excess of
f ortj^-four (44) hours in any one week.
^ See paragraph 2 of order approving tliis Code.
(5)
3. The provisions of this Article shall not apply to outside sales-
men or to persons employed in a managerial or executive capacity
who earn not less than thirty-five ($35.00) dollars per week.
4. No employer shall knowingly engage any employee for any time
which, when totaled with that already performed with another em-
ployer or employers, exceeds the maximum hours per week per-
mitted herein.
Article IV — Wages
1. No manufacturing employee shall be paid at lees than a rate of
forty-five cents (45^) per hour.
2. No non-manufacturing employee shall be paid less than four-
teen dollars ($14.00) for a week of forty (40) hours.
3. Persons learning a manufacturing occupation shall be paid
not less than at a rate of fortv and one-half cents (401/20) per hour,
provided : that the number of such learners shall not exceed five per
cent (6%) of the emploj^ees of any one employer and that learners
shall not be employed as such for a period in excess of six (6)
months, irrespective of whether they are employed by one or more
employers.
4. There shall be an equitable adjustment of wages above the mini-
mum, unless such adjustments have heretofore been made under the
N.R.A. Weekly compensation shall not be reduced because of any
reduction in weekly hours resulting from the provisions of this
Code. All adjustments made since June 16. 1933, shall be re-
ported to the Code Authority within 90 days oi the effective date of
this Code.
5. Females employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
6. This Article establishes the minimum rate of pay which shall
apply irrespective of whether an employee is actually compensated
on a time rate, piece work or other basis.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed in
the Industry. No person under eighteen (18) years of age shall be
employed in manufacturing operations. In the event of a claim of
alleged violation of this section, an employer shall be deemed to
have complied with the provisions of this section if he shall have on
file and shall submit a certificate of age issued by the duly author-
ized department of the State in which the employer operates^ show-
ing the age of the employee to be no less than the age required by
this section.
2. Employees shall have the right to organize and bargain collec-
tively, through representatives of their own choosing and shall be free
from the interference, restraint or coercion of employers of labor or
their agents, in the designation of such representatives or in self-
organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization
of his own choosing.
4. Emploj^ers shall complj^ with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
6. No employer shall reclassif}^ employees or duties of occupations
performed or engage in any subterfuge so as to defeat the provisions
of the Act or of this Code.
6. No provision of this Code shall supersede any law within any
state which imposes more stringent requirements on employers as
to age of employees, wages, hours of work, or as to safety, health,
or sanitary regulations, or insurance, or fire protection, or general
working conditions, than are imposed by this Code.
7. All employers shall post and keep posted copies of this Code
in conspicuous places accessible to all emploj^ees. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair Competition which
may, from time to time be prescribed by the Administrator.
8. No provisions of this Article shall modify established practices
for privileges as to vacation periods, leaves of absence, or temporary
absence from work heretofore guaranteed to office employees.
9. Every employer shall provide for the safety and health of his
employees during the hours and at tlie places of their employment.
Article VI — Organization, Po^\t:rs, and Duties of the Code
Authority ^
1. A Code Authority is hereby established consisting of —
(a) Six members to represent the Industry, elected by a majority
vote of the membership of the National Textile Refinishers Associa-
tion. The said election shall be under the supervision of the Admin-
istrator or his representative.
(b) One member to represent the members of the Industry who
are unaffiliated with the National Textile Refinishers Association, to
be elected by such members by a method of election approved by the
Administrator and conducted under the supervision of the Adminis-
trator or his representative.
(c) Such additional members without vote, not to exceed three
as the Administrator may appoint to represent the Administrator
for such periods as he may designate.
2. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
3. In order that the Code Authority shall at all times be truly
representative of the Industry, and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper ; and thereafter if he shall find that
the Code Authoritj^ is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
' See paragraph 2 of order approving this Code.
8
appropriate modification in the method of selection of the Code
Authority.
4. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent, or employee of the Code
Authority, exercising reasonable diligence in the conduct of his
duties hereunder, be liable to anyone for any action or omission to
act under this Code, except for his own wilful malfeasance, or
nonfeasance.
5. If the Administrator shall at any time determine that any
action of the Code Authority or any agency thereof may be unfair or
unjust or contrary to the public interest or to the Act, the Adminis-
trator may require that such action be suspended to afford an oppor-
tunity for investigation of the merits or such action and further
consideration by such Code Authority or agency pending final action,
which shall not be effective unless the Administrator approves, or
unless he shall fail to disapprove after thirty days' notice to him
of intention to proceed with such action in its original or modified
form.
POWERS AND DUTIES
6. Subject to such rules and regulations as may be issued by the
Administrator, the Code Authority shall have the following powers
and duties, in addition to those authorized by other provisions of
this Code.
(a) To insure the execution of the provisions of this Code and
to provide for the compliance of the Industry with the provisions of
the Act: Provided, however, that this shall not be construed to
deprive duly authorized governmental agencies of their power to
enforce the provisions of this Code or of the Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code;
and in addition to information required to be submitted to the Code
Authority, members of the Industry, subject to this Code, shall
furnish such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the Act, to
such Federal and State Agencies as the Administrator may desig-
nate ; provided that nothing in this Code shall relieve any member
of the Industry of any existing obligations to furnish reports to
any government agency. No individual reports shall be disclosed
to any other member of the Industry or any other party
except to such other govermental agencies as may be directed by the
Administrator.
(d) to use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the i^rovisions hereof:
(e) To make recommendations to the Administrator for the co-
ordination of the Administration of this Code with such other Codes,
if any, as may be related to or affect members of the Industry.
(f) (1) It being found necessary to support the Administration
of this Code, in order to effectuate the policy of the Act and to
maintain the standards of fair competition established hereunder,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes and to meet such obliga-
tions out of funds which shall be held in trust for the purposes
of the Code and raised as hereinafter provided :
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary :
1. An itemized budget of its estimated expenses for the fore-
going purposes, and
2. An equitable basis upon which the funds necessary to sup-
port such budget shall be contributed by members of the
Industry. '
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry
and to that end, if necessary, to institute legal proceedings
therefor in its own name.
(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and • regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, shall be entitled to participate in the selection of the members
of the Code Authority or to receive the benefits of any of its voluntary
activities.
(3) The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator ; and no subsequent bud-
get shall contain any deficiency item for expenditures in excess of
prior budget estimates except those which the Administrator shall
have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade-practice provisions to
govern members of the Industry in their relations with each other
or with other industries, measures for industrial planning, and sta-
bilization of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
this Code and under such other Codes to the end that such fair trade
practices may be proposed to the Administrator as amendments to
this Code, and such other Codes.
(i) There shall be established an Industrial Relations Committee
for the Industry, which shall consist of an equal number of repre-
sentatives of emploj^ers and employees and an impartial chairman.
10
The Aclministrator shall appoint such impartial chairman upon the
failure of the Committee to select one by agreement. If no truly-
representative labor organization exists, the employee members of
such board may be nominated by the Labor Advisory Board of the
NUA and appointed by the Administrator. The employer repre-
sentatives shall be chosen by the Code Authority. Such committee
shall deal with complaints and disputes relating to labor in accord-
ance with rules and regulations issued by the Administrator. The
Industrial Relations Committee may establish such divisional, re-
gional, and local industrial adjustment agencies as it may deem
desirable, each of which shall be constituted in like manner as the
Industrial Relations Committee.
(j) To appoint a committee to meet with Committees appointed
by the Code Authorities of other industries to bring about uniform-
ity in standards of employment and processing, wherever textile ex-
amining, shrinking and refinishing is performed.
(k) To appoint a committee on safety and health which will study
the number and causes of accidents and health standards in the in-
dustry and report within six (6) months after the effective date of
this Code a comprehensive program to carry out the requirements of
the Administrator in the administration of Article V, Section 9.
(1) To appoint a committee to meet with committees of other
Code Authorities to study and adjust any problems of overlapping
jurisdiction of Codes and to determine specific procedures to be fol-
lowed where certain processes in industries covered by other Codes
are or may be the same as processes covered by this Code, provided
that determinations of said committee or committees shall be subject
to review by the Administrator.
Abticlb VII
The Code Authority shall cause to be formulated methods of cost
finding and accounting capable of use by all members of the Indus-
try, and shall submit such methods to the Administrator for review.
If approved by the Administrator, full information concerning such
methods shall be made available to all members of the Industry.
Thereafter, each member of the Industry shall utilize such methods
to the extent found practicable. Nothing herein contained shall be
construed to permit the Code Authority, any agent thereof, or any
member of the Industry to suggest uniform additions, percentages
or differentials or other uniform items of cost which are designed
to bring about arbitrary uniformity of costs or prices.
Article VIII — Trade-Practice Rules
1. No member of the Industry shall publish advertising (whether
printed, radio, display, or of any nature), which is misleading or
inaccurate in any material particular, nor shall any member in any
way misrepresent any services, credit terms, values, policies, or the
nature or form of the business conducted.
2. No member of the Industry shall knowingly withhold from or
insert in any invoice any statement which makes it inaccurate in
any material particular.
11
3. No member of the Industry shall publish advertising which
refers inaccurately in any material particular to any competitors
or their goods, prices, values, credit terms, policies, or services.
4. No member of the Industry shall publish or circulate unjust
or unwarranted threats of legal proceedings which tend to or have
the effect of harassing competitors, or intimidating any of their
customers.
5. No member of the Industry shall secretly offer or make any
payment or allowance of a rebate, refund, commission, credit, un-
earned discoimt, or excess allowance, whether in the form of money
or otherwise, nor shall a member of the Industry secretl}'- offer or
extend to any customer any special service, privilege, or price not
extended to all customers of the same class.
6. No member of the Industry shall give, permit to be given, or
offer to give, anything of value for the purpose of influencing or
rewarding the action of anv employee, agent, or representative of
another in relation to the "business of the employer of such em-
ployee, the principal of such agent of the represented party, with-
out the knowledge of such emplo5'er, principal or party. This
provision shall not be construed to prohibit a general distribution of
articles commonly used for advertising, except so far as such articles
are actually used for commercial bribery as hereinabove defined.
7. No member of the Industry shall attempt to induce the breach
of contract between a competitor and his customer or source of
supply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
AeTICLE IX — MODEFICATION
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act.
2. This Code, except as to provisions required by the Act, may
be modified on the bagis of experience or changes in circumstances,
such modifications to be based upon application to the Administrator
and such notice of hearing as he shall specify, and to become effective
on approval by the Administrator.
Article X — Monopolies
This Code shall not be construed or applied to promote or permit
monopolies or monopolistic practices or to eliminate or oppress or
discriminate against small enterprises.
Article XI — Effective Date
This Code shall become effective on the second Monday after
approval by the Administrator.
Approved Code No. 497.
Registry No. 299-1-38.
o
Approved Code No. 498
CODE OF FAIR COMPETITION
FOR THE
CORN COB PIPE INDUSTRY
As Approved on August 7, 1934
ORDER
Code of Fair Competition for the Corn Cob Pipe Industry
An application having been duly made pursuant to and in ful^l
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Corn Cob Pipe Industry, and hearing
having been duly held thereon and the annexed report on said Code,
containing findmgs with respect thereto, having been made ana
directed to the President:
^ NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No, 6543-A, dated Decem-
ber 30, 1933, and otherwise ; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act: and do hereby order that said
Code of Fair Competition be and it is hereby approved; provided,
however, that a further study shall be made regarding the minimum
rates of pay as provided in Article IV, Section 1 oi the Code and
that a report covering same shall be made to the Administrator
within sixty (60) days from the effective date hereof, for the pur-
pose of determinmg the advisability of increasing the said minimum
wage rates.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Geo. L. Berry,
Division Administrator.
Washington, D.C,
August 7, 1934.
78872° 1044-37 34 (13)
REPOET TO THE PRESIDENT
The President,
The White House.
Sib : The public hearing on the Code of Fair Competition for the
Corn Cob Pipe Industry of the United States, submitted by a Code
Committee of Corn Cob Pipe Manufacturers, was conducted in
Washington, D.C., on the 17th of May, 1934, in accordance with the
provisions of the National Industrial Recovery Act. The Code
Committee claims to represent approximately 90 percent of the
Industry,
The maximum hours established under this Code are 40 per week,
with the exception of one period, not to exceed four weeks, in each
six months, during which time employees may be permitted to work
48 hours per week provided they are paid at least time and one-half
for all hours worked in excess of eight per day and forty per week.
Exceptions are allowed for managers and executives who receive
$35.00 or more per week, enginers, who may work 45 hours per week,
and employees engaged in emergency maintenance and repair work,
provided that such employees receive at least one and one-half times
their normal rate of pay for all hours worked in excess of 40 per
week.
In 1929 this Industry operated approximately 51 hours per week
and the same hours prevailed in 1931.
The minimum wages established under this Code are 2Ti/^ cents
per hour for males and 221.^ cents per hour for females. While this
wage appears to be low, it is pointed out that when compared with
the wages prior to this Code, which were 19 cents per hour for
males and 13.8 cents per hour for females, the wages under this Code
represent a substantial increase to the employees. Protection of
employees on piecework performance is guaranteed.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
the removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry for
the purpose of cooperative action among the trade gi'oups, by induc-
ing and maintaining united action of labor and management under
adequate governmental sanctions and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restrictions of production (except as may be temporarily
required) by increasing the consumption of industrial and agricul-
(14)
15
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section T, and
Subsection (b) of Section 10 Miereof ; and that the applicant Com-
mittee is a trade group truly representative of the aforesaid Industry.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From the evi-
dence adduced during tliis hearing and from recommendations and
reports from the various Advisory Boards, it is believed that this
Code as now proposed and revised represents an effective, practical,
equitable solution for this Industry and for these reasons has been
approved.
Kespectfully,
Hugh S. Johnson,
Administrator.
August 7, 1934.
CODE OF FAIR COJ^IPETITION FOR THE CORN COB PIPE
MANUFACTURING INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Corn Cob Pipe Manufacturing Industry, and, its provisions shall
be the standards of fair competition for such industry and shall be
binding upon everj^^ member thereof.
Article II — Definitions
Section 1. The term " Corn Cob Pipe Manufacturing Industry "
or " Industry " as used herein includes the manufacture of pipes,
the bowls of which are made from corn cobs, and such related
branches or subdivisions as may from time to time be included under
the provisions of this Code by the President of the United States,
and after such notice and hearings as he may prescribe.
Section 2. The term " Member of the Industry " or " Member "
includes, but without limitation, any individual, partnership, associa-
tion, corporation, or other form of enterprise engaged in the indus-
try, either as em.ployer or on his or its own behalf.
Section 3. The term " employee " as used herein includes any and
all persons engaged in the industry, however compensated, except
a member of the industry.
Section 4. The term " employer " as used herein includes anyone
by whom such employee is compensated or employed.
Section 5. The terms " President," "Act " and "Administrator "
as used herein mean respectivelj^ the President of the United States,
Title I of the National Industrial Recovery Act and the Administra-
tor for Industrial Recovery.
Article III — Hours
Section 1. No employee shall be permitted to work in excess of
forty (40) hours in one week or eight (8) hours in any twenty-four
(24) hour period (beginning at midnight) except as herein other-
wise provided. A normal work day shall not exceed eight (8)
hours; provided, however, in case of peak or seasonal demands, that
employees may work forty-eight (48) hours per week for a period
not to exceed four (4) weeks in any six m.onth's period; and pro-
vided further that at least time and one-half is paid for all hours
worked in excess of forty (40) per week and eight (8) per day.
Section 2. The provisions of this Article shall not apply to :
(a) Persons employed in a managerial or executive capacity who
receive thirty-five dollars ($35.00) or more per week nor to outside
salesmen.
(16)
17
(b) Employees engaged in emergency maintenance or emergency
repair work, provided that such employees shall receive one andf one-
half times the normal rate of pa}'^ for all hours worked in excess of
forty (40) per week.
(c) Watchmen who may be permitted to work a maximum of
fifty-six (5G) hours per week, provided, however, that they be given
one day off in each seven day period.
(d) Engineers who may be permitted to work a maximum of
forty-five (45) hours per week.
Section 3. No employer shall permit any employee to work for
any time, which, when totaled with that already performed for an-
other employer or employers in this industry exceeds the maximum
permitted herein.
Akticlb IV — Wages
Section 1. No male employee shall be paid in any pay period less
than at the rate of twenty-seven and one-half (2Ti^) cents per hour,
and no female employee shall be paid at any pay period less than
at the rate of twenty-two and one-half (22y2) cents per hour.^
Section 2. This article establishes a minimum rate of pay whichi
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piece work or other basis.
Section 3. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
Section 4. Equitable and reasonable adjustments of pay schedules
of employees receiving above the minimum shall be made within
thirty (30) days after the effective date of this Code by any em-
ployer who has not heretofore made such adjustments. The first
report of wages required to be filed under this Code shall contain,
all wage increases made since May 1, 1933.
Article V — General Labor PK0^^SI0NS
Section 1. No person under sixteen (16) years of age shall be
employed in the Com Cob Pipe Manufacturing Industry. No per-
son under eighteen (18) years of age shall be employed at operations
or occupations which are hazardous in nature or dangerous to health.
The Code Authority shall submit to the Administrator before sixty
(60) days after the effective date of this code, a list of such opera-
tions or occupations. In any State an employer shall be deemed
to have complied with this provision as to age if he shall have on
file a certificate or permit duly signed by the Authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
Section 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing
and shall be free from the interference, restraint, or coercion of em-
ployers of labor or their agents in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or
protection.
* See paragraph 2 of order approving this Code.
18
(b) No employee and no one seeldng employment shall be required
as a condition of employment to join any coanpany union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
Section 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of this
Code.
Section 4. Every employer shall provide for the safety and health
of employees during the hours and place of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator within three months after the
effective date of this Code.
Section 5. No provision in this Code shall supersede any State or
Federal Law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safetj^,
health, sanitary or general working conditions than are imposed by
this Code.
Section 6. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the industry stiall comply with all rules and regulations rel-
ative to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Administrator.
Section 7. An employer shall make payment of all wages due in
lawful currency or by negotiable check, therefor, payable on de-
mand. These wages shall be exempt from any paj^ments for pen-
sions, insurance, or sick benefits other than those voluntarily paid
by the wage earners, or required by State laws. Wages shall be
paid at least at the end of every two weeks period, and salaries at
least at the end of every month. No employer shall withhold v^^ages.
Section 8. No employee sliall be dismissed by reason of making
a complaint or giving evidence with respect to a violation of this
code.
Aettcle VI — Organization, Powers, and Duties of the Code
Authority
Section 1, A Code Authority is hereb}'^ established consisting of
three (3) persons to be selected from the Corn Cob Pipe Manufac-
turing industry by a fair method of selection approved by the
Administrator.
Section 2. In addition to membership as above provided ther©
may be three (3) members without vote to be known as Adminis-
tration Members to be appointed by the Administrator to serve for
such terms as he may specify.
Section 3. Each industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
19
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purpose of the Act.
Section 4. In order that the Code Authority shall at all times
be truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper ; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modification in the method of selection of the Code
Authority.
Section 5. Nothing contained in this Code shall constitute the
members of the Code Authoritj^ partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner
to an3^one for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anj^one for any action or omission to act
under this Code, except for his own willful malfeasance or
nonfeasance.
Section 6. If the Administrator shall detennine that any action
of a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investi-
gation of the merits of such action and further consideration by
such Code Authority or agency pending final action which shall not
be effective unless the Administrator approves, or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
Section 7. Potoers and Duties. — Subject to such rules and regula-
tions as may be issued by the Administrator, the Code Authority
shall have the following; powers and duties, in addition to those
authorized by other provisions of this Code.
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the industry with the provisions of
the Act.
^b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code. In
addition to information rec[uired to be submitted to tlie Code Author-
ity, members of the industry subject to this Code shall furnish such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3(a) of the Act to such Federal and
State agencies as he may designate; provided that nothing in this
Code shall relieve any member of the industry of any existing obli-
gations to furnish reports to any Government Agency. No indi-
vidual report shall be disclosed to any other member of the indus-
tiy or any other party except to such other Governmental agencies
as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
201
associations and agencies sliall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other Codes,
if any, as may be related to or affect members of the industry.
(f ) (1) It bein^ found necessary in order to support the Admin-
istration of this Code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as heremafter provided:
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary :
1. An itemized budget of its estimated expenses for the fore-
going purposes, and
2. An equitable basis upon which the funds necessary to
support such budget shall be contributed by members of the
Industry.
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equit-
able contributions as above set forth by all members of the
industry, and to that end, if necessary to institut^i legal pro-
ceedings therefor in its own name.
(2) Each member of the industry shall pay his or its equitable
contribution to the ex^jenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinbefore provided (unless
duly exempted from making such contribution) shall be entitled to
participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(3) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Admin-
istrator ; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the industry in their relations with each other
or with other industries; measures for industrial planning, and sta-
bilization of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes
as may be related to the industry for the purpose of formulating
fair trade practices to govern the relationships between employers
21
under this code and under such other codes to the end that such fair
trade practices may be proposed to the Administrator as amendments
to this code and such other codes.
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules of procedure
and rules to effect compliance with awards and determinations.
Article VII — Cost Accounting and Prices
Section 1. The Code Authority shall cause to be formulated meth-
ods of cost finding and accounting capable of use by all members
of the industry, and shall submit such methods to the Administrator
for review. If approved by the Administrator, full information
concerning such methods shall be made available to all members of
the industry. Thereafter, each member of the industiy shall utilize
puch methods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the Code Authority, any agent
thereof, or any member of the industry to suggest uniform additions,
percentages or differentials or other uniform items of cost which are
designed to bring about arbitrary uniformity of costs or prices.
Section 2. (a) Wilfully destructive price cutting is an unfair
method of competition and is forbidden. Any member of the in-
dustry or of any other industry or the customers of either may at
any time complain to the Code Authority that any price constitutes
unfair competition as destructive price cutting, imperiling small
enterprise or tending toward monopoly or the impairment of code
wages and working conditions. The Code Authority shall within 5
days afford an opportunity to the member quoting the price to
answer such complaint and shall within 14 days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N.R.A. which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale be-
low the stated minimum price of such product, in violation of Sec-
tion 2 hereof, is forbidden.
Section 3. (a) If the Administrator, after investigation shall at
anj'' time find both (1) that an emergency has arisen within the in-
dustry adversely affecting small enterprises or wages or labor con-
ditions, or tending toward monopoly or other acute conditions which
tend to defeat the purposes of the Act; and (2) that the determina-
tion of the stated minimum price for a specified product within the
industi-y for a limited period is necessary to mitigate the conditions
constituting such emergency and to effectuate the purposes of the
Act, the Code Authority may cause an impartial agency to investi-
gate costs and to recommend to the Administrator a determination
of the stated minimum price of the product affected by the emer-
gency and thereupon the Administrator may proceed to determine
such stated minimum price.
22
(b) Wlien the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National Re-
covery Act, he shall publish such price. Thereafter, during such
stated period, no members of the industry shall sell such specified
products at a net realized price below said stated minimum price
and any such sale shall be deemed destructive price cutting. From
time to time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.
Aeticle VIII — Trade Practice Rules
Section 1. No member of the industry shall publish advertising
(whether printed, radio, display or of any other nature), which is
misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including but without
limitation its use, trade mark, ^rade, quality, origin, size, substance,
character, nature, finish, material, content or preparation) or credit
terms, values, policies, services, or the nature or form of the busi-
ness conducted.
Section 2. No member of the industry shall knowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.
Section 3. No member of the industry shall brand or mark or
pack any goods in any manner which is intended to or does deceive
or mislead purchasers with respect to the brand, grade, quality,
quantity, origin, size, substance, character, nature, finish, material
content or preparation of such goods.
Section 4. No member of the industry shall defame a competitor
by falsely imputing to him dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false repre-
sentation, or by falsely disparaging the grade or quality of his goods.
Section 5. No member of the industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing comi)etitors or intimidating their
customers.
Section 6. No member of the industry shall offer or make any
payment or allowance of a rebate, refund, commission credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise, nor shall a member oi the industry offer or extend to
any customer any special service or privilege not extended to all
customers of the same class, for the purpose of influencing a sale.
Section 7. No members of the industry shall give, permit to be
given, or offer to give, anything of value for the purpose of in-
fluencing or rewarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent of the represented party,
without the knowledge oi such employer, principal or party. This
provision shall not be construed to prohioit free and general distri-
bution of articles commonly used for advertising except so far as
such articles are actually used for commercial bribery as hereinabove
defined.
23
Section 8. No member of the industry shall wilfully induce or
attempt to induce the breach of existing contracts between com-
petitors and their customers by any false or deceptive means, or
interfere with or obstruct the performance of any such contractual
duties, or service by any such means, with the purpose and effect
of hampering, injuring or embarrassing competitors in their business.
Section 9. No member of the industry shall require tliat the pur-
chase or lease of any goods be a prerequisite to the purchase or lease
of any other goods.
Article IX — Export Trade
Section 1. No provision of this Code relating to prices or terms
of selling, shipping, or marketing shall apply to export trade or
sales or shipments for export trade. " Export Trade " shall be as
defined in the Export Trade Act adopted April 10, 1918.
Article X — Modification
Section 1. This Code, and all the provisions thereof are expressly
made subject to the right of the President in accordance with the
provisions of subsection (b) of Section 10 of the Act from time
to time to cancel or modify any order, approval license, rule or
regulation issued under said Act,
Section 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the President.
Article XI — Monopolies
Section 1. No provision of this Code shall be so applied as to
permit monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article XII — Price Increases
Section 1. Whereas the policy of the Act to increase real pur-
chasing power will be made more difficult of consummation if prices
of gooas and services increase as rapidly as wagesj it is recognized
that price increases except such as may be required to meet in-
dividual cost should be delayed, but when made such increases
should, so far as possible, be limited to actual additional increases
in the seller's cost.
Article XIII — Effective Date
Section 1. This Code shall become effective on the second Monday
after its approval by the President.
Approved Code No. 498.
Registry No. 1651-04.
o
Approved Code No. 499
CODE OF FAIR COMPETITION
FOR THE
REFRIGERATED WAREHOUSING INDUSTRY
As Approved on August 8, 1934
ORDER
Code of Fair Competition for the Refrigerated Warehousing
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Refrigerated Warehousing Industry, and
hearing having been held thereon and the annexed report on said
Code, containing findings with respect thereto, having been made
and directed to the President :
NOAV. THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vestecl in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved, on condition that within
ninety days from the effective date of said Code a public hearing
shall be held on such of the provisions of said Code as I may desig-
nate and any order v/hich I maj^ make subsequent to such hearing
shall have the effect of a condition of the approval of said Code.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Adini7iistrator.
Washington, D.C,
August 8, J934.
70270° 1044-44 34 (25)
REPORT TO THE PRESIDENT
The President,
The White Hoivse.
Sir : This is a report of the hearing on the Code of Fair Competi-
tion for the Refrigerated Warehousing Industrj^, conducted in Wash-
ington, on March 15, 1934, in accordance witli the provisions of the
National Industrial Recovery Act.
THE INDUST1?Y
This Industry is vital to the health and well-being of the American
public in that it must constantly safeguard at adequate temperatures
much of the fruits, vegetables, fish, butter, eggs, fowl and meats, and
other edibles of our daily consumption.
There are 540 establishments in this Industry, and these firms have
an approximate capacity of 325,000,000 cubic feet; approximately
10,000 employees; with capital investment of over $250,000,000.
Approximately 80% of the members of this Industry are also en-
gaged in the ice business and of course use the same refrigerating
engineering staff, and much of the other labor is interchangeable.
Notwithstanding that fact, it is estimated that employment oi' labor
will be increased approximately 25% and an increase in paja-olls of
approximately 25%, an additional burden on indnstrv of some
$210,000 annually.
PROVISIONS OF THE CODE
The Code provides for a basic work week of forty-eight (48)
hours, and nine (9) hours per day and six (C) days per week, with
over-time provision, which in itself is a tremendous contribution by
industry in view of the exceedingly longer hours worked previoiivsly.
The proposed minimum hourly wage rates vary from 27.5 to 37.5
cents with differentials established on the basis of size of city and
region. The minimum Aveekly wage rate proposed for clerical em-
ployees is fifteen dollars ($15.00). The Code contains other highly
beneficial labor clauses.
Under Article VI, Administration, the Code provides for a Code
Authority of five (5) members from the Industry and, at the discre-
tion of the Administrator, tliree (3) additional members from the
Government.
The Trade Practice Sectimi of this Code is for the most part a
codification of rules and regulations which have been well established
by long practice within the Industry.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
(26)
27
I find that :
(a) Said Code is well designed to promote the policies and purposes
of Title I of the National Industrial Recovery Act, including re-
moval of obstructions to the free flow of interstate and foreign com-
merce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate Governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment by improving stanclarcls of labor,
and b}^ otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major Industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
of members of said industry is a group truly representative of the
aforesaid Industry; and that said group imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and wUl not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been de])rived of the right to be heard prior to approval of said Code.
For these reasons, the Code has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator.
August 8, 1934.
CODE OF FAIR COMPETITION FOR THE REFRIGERATED
WAREHOUSING INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Refrigerated Warehousing Industry, and its provisions shall be
the standards of fair competition for such Industry and be binding
upon every member thereof.
Article II — Definitions
Section 1. The term " Refrigerated Warehousing Industry " or
" Industry " as used herein includes the furnishing, for a considera-
tion, of warehousing services and/or storage for goods, wares and/or
merchandise in any building or structure, or any part thereof, which
is artificially cooled, except products which are governed by another
approved code oi' codes.
Section 2. The term " Member of the Industry " or '" Member ",
as used herein includes any individual, partnership, association, cor-
poration or other form of enterprise engaged in the industry either
as an employer or on his or its own behalf.
Section 3. The term '' employee " as used herein includes any
and all persons engaged in the industry, however compensated, ex-
cept a member of the industiy.
Section 4. The term " employer •' as used herein includes anyone
by whom such employee is compensated or employed.
Section 5. The terms " President ", " Act ", and " Administrator "
as used herein mean respectively the President of the United States,
Title I of the National Industrial Recover}^ Act, and the Admin-
istrator for Industrial Recovery.
Sp:ction G. The term " South " as used herein means the states of
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Missis-
sippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas,
Virginia, and West Virginia. The term " North "' meaus all other
states not listed above and the District of Columbia.
Section 7. Population for the purposes of this Code shall be de-
termined by reference to the latest Federal Census.
Articli: III — Hours
MAXIMUM HOURS
Section 1. No employee, except as herein otherwise provided,
shall be permitted to work in excess of forty-eight (48) hours in
any one week, or nine hours in any 24 hour period.
(28)
29
Section 2. No person emploj^ed in clerical or office work shall be
permitted to work in excess of forty (40) hours in any one week or
nine (9) hours in any twenty-four (24) hour period.
EXCEPTIONS AS TO HOURS
Section 3. The provisions of this Article shall not apply to per-
sons engaged in a managerial or supervisory capacity who are paid
thirty-five dollars ($35.00) or more per week.
Section 4. Employees engaged in emergency work for the pro-
tection of life or property shall be exempt from the maximum hours
provided in this Article, provided, however, that each such employee
shall be paid time and one third times his normal rate of pay for
all hours worked in excess of the maximum established herein.
STANDARD WEEK
Section 5. No employee except those engaged in emergency work
as defined in Section 4 of this Article shall be permitted to work
more than six (6) days in any seven day ])eriod.
EMPLOYMENT BY SE\TiRAL EMPLOYERS
Section 6. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for
another empio3'er or employers in this or any other Industiy exceeds
the maximum permitted herein.
Article IV — Wages
MINIMUM wages
Section 1. No employee, except as hereinafter provided, shall be
paid le.-s than at the rates set forth below :
(a) Employees in places in the North having a population of
15,000 persons or more shall be paid not less than thirty-seven and
one-half cents (37i/2^) per hour.
(b) Employees in places in the North having a population of less
than 15,000 persons shall be paid not less than thirty cents (30^,)
per hour.
(c) Employees in the South shall be paid not less than twenty-
seven and one-half cents (27iA^;) per hour.
Section 2. No office or clerical employee shall be paid less than
at the rate of fifteen ($15.00) dollars per week.
PART time COMPENSATION MINIMUM WAGES
Section 3. This article establishes minimum rates of pay which
shall apply irrespective of whether an employee is actually com-
pensated on a time rate, piece-work, or other basis.
WAGES ABOVE MINIMUM
Section 4. No employer shall make any reduction in the full time
weekly earnings of any employee whose normal full time weekly
hours are reduced by 15 percent, or less, below those existing for
30
the four weeks ending June IG, 1933. Wlien the normal full time
wceJcly hours of any employee are reduced by more than said per-
cent, the full time weekly Avage of such employee shall not be re-
duced by more than one half of the percentage of hour reduction
above said percent. In no event shall hourly rates of pay be re-
duced, irrespective of whether compensation is actually paid on an
hourly, weekly, or other basis, nor shall any wages be at less than
the minimum rates herein provided.
Within thirty (30) days of the effective date hereof, (unless spch
adjustment has been made theretofore) each employer shall adjust
the schedules of wages of his employees in such an equitable manner
as will conform to the provisions hereinabove set forth.
FEMALE EMPLOYEES
Sec^tion 5. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
handicapped persons
Section G. A person whose earning capacity is limited because of
age or physical or mental handicap or other infirmities may be em-
ployed on light work at a wage below the minimum established by
this Code if the employer obtains from the State authority desig-
nated by the United States Department of Labor a certificate auth-
orizing his employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for
such employee.
WAGE PAYMENTS
Section 7. An employer shall make payment of all wages due
at least every two weelcs and salaries at least monthly in lawful cur-
rency or by negotiable demand check. The.se wages and salaries
shall be exempt from any charges, fines or deductions or pa3Mnents
for pensions, insurance or sick benefits other than those voluntarily
paid by the wage earner or required by law. No employer shlill
withhold wages other than monies actually due employers or due
on legal order. The employer or his agent shall accept no rebates
directly or indirectly on such wages or salaries.
Article V
Section 1. Cli'/Id Labor. — No person under eighteen (18) years
of age shall be employed in the Industry except as office boys, office
girls or messengers. No person under sixteen (16) years of age
shall be employed in the Industry in any capacity. In any State
any employer shall be deemed to have complied with the provisions
as to age if he shall have on file a certificate or permit, duly signed
by the Authority in such State empowered to issue employment or
age certificates or permits showing that the employee is of the re-
quired age.
ol
Section 2. (a) Provisions from the Act. — Employees shall have
the right to organize and bargain collectively through representa-
tives of their own choosing, and shall be free from interference, re-
straint, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self organization or in
other concerted activities for the purpose of collective bargaining
or other mutual aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
Section 3. Evasion Throxigli Suoterfur/e. — No employer shall re-
classify employees or duties of occupations performed or engage
in any other subterfuge so as to defeat the purposes or provisions of
the Act or of this Code.
Section 4. Standards for Safety and Health. — Every employer
shall provide for the safety and health of employees during the hours
and at the places of their employment. Standards for safety and
health shall be submitted by the Code Authority to the Administra-
tor within six months after the effective date of the Code.
Section 5. Sto.te Laws. — No provision in this Code shall supersede
any State or Federal law which imposes on employers jnore stringent
requirements as to age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, or insurance,
or fire protection, than are imposed by this Code.
Section 6. Posting. — All employers shall post and keep posted
copies of this Code in conspicuous places accessible to all employees.
Every member of the industry shall comply with all rules and regula-
tions relative to the posting of provisions of Codes of Fair Competi-
tion which may from time to time be prescribed by the Administrator.
Section 7. Dismissal of Employees. — No member of the Industry
shall dismiss or demote any employee for making a complaint or
giving evidence with respect to an alleged violation of the provisions
of this Code.
Article VI — Organization, Powers and Dutip:s of the Code
Authority
organization and constitution
Section 1. A Code Authority is hereby established consisting of
five (5) meml^ers chosen by the industry through a fair method of
selection approved by the Administrator. In addition to such in-
dustry membership, there may be three members, without vote, to be
known as Administration members, to be appointed by the Adminis-
trator to serve for such terms as he may specify.
Section 2. Hegions and Regional Sub-Code Authorities may l)e
established from time to time by the Code Authority with the ap-
proval of the Administrator.
32
Section 3. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and ('2) submit to the Administrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
Section 4. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply Avith the provisions of the Act, may require
an appropriate modification of the Code Authority.
Section 5. Nothing contained in this Code shall constitute the
members of the Code Authority or Eegional Sub-Code Authorities
partners for any purpose. Nor shall any member of the Code Au-
thority or Regional Sub-Code Authorities be liable in any manner
to anyone for any act of any other member, officer, agent or emploj'ee
of the Code Authority or Regional Sub-Code Authority. Nor shall
any member of the Code Authority or Regional Sub-Code Authoritj^,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any act or omission to act under this
Code, except for his own wilful malfeasance or non-feasance.
Section 6. If the Administrator shall at any time determine that
nny action of a Code Authority or any agency thereof may be unfair
.or unjust or contrary to the public interest, the Administrator may
I'equire that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
POWERS AND duties
Section 7. Subject to such rules and regulations as may be issued
by the Administrator the Code Authority shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code :
(a) To insure the execution of the ]Drovisions of this Code and
to provide for the compliance of the industry with the provisions
of the Act.
(h) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the industry such information
and reports as are required for the adm.inistration of the Code. In
addition to information required to be submitted to the Code Au-
thority members of the industry shall furnish such statistical infor-
mation as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act to such Federal and State agencies
33
as he may designate ; provided that nothing in this Code shall relieve
any member of the industry of any existing obligations to furnish
reports to any Government agency. No hidividual report shall ba
disclosed by the Code Authority to any other member of the Indus-
try or any other i^arty except to such other Governmental agencies
as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing heroin shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all tiu.ies be subject to and comply
with the provisions hereof.
(e) To make recommendations to tlie Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to or affect members of the industry.
(f ) 1. It being found necessary in order to support the adminis-
tration of this code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the industry;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Autiiority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the industry complying with the code and contributing to
the expenses of its administration as hereinabove provided, shall be
entitled to participate in the selection of membeis of the Code Au-
thority or to receive the benefits of any of its voluntary activities or
to make use of any emblem or insignia of the National Hecovery
Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
34
(g) To recommend to the Administrator any action or measures
deemed advisable, includinf? further fair trade practice provisions to
govern members of the industry in their relations with each other or
with other industries; measures for industrial planning, and stabili-
zation of employment; and including modifications of this Code
whicli shall become effective as ]5art hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To ap]joint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes
as may be related to the industry for the purpose of formulating
fair trade practices to govern the relationships between employers
under this code and under such other codes to the end that such
fair trade practices maj^ be proposed to the Administrator as
amendments to this code and such other codes.
Article VII — Filing of Schediji.es or Tariffs
Section 1. Each member of the Industry shall file with a confi-
dential and disinterested agent of the Code Authority, or if none,
then with such agent desifrnated by the Administrator, identified
tariffs or schedules of all of his rates and all other terms or charges,
hereinafter in this article referred to as " rates ", which tariffs or
schedules shall completely and accurately conform to and represent
the individual rates and charges of said member. Said rates shall
in the first instance be filed Avithin thirty (30) days after the date of
approval of this Code. Rates and revisions thereof shall become
effective immediately upon receipt thereof by said agent. Immedi-
ately upon receipt thereof, said agent shall by telegraph or other
equally prompt means notify said member of the time of such receipt.
Such tariff's or schedules and revisions thereof together with the
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the industry and to all of
their customers who have applied therefor and have offered to defray
the cost actually incurred by the Code Authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agent. Said tariffs or schedules
and revisions thereof or any part thereof shall not be made available
to any person until released to members of the industry and their
customers, as aforesaid; jirovided, that rates filed in the first instance
shall not be released until the expiration of the aforesaid thirty-day
period after the approval of this Code. The Code Authority shall
maintain a permanent file of all rates filed as herein provided, and
shall not destroy any part of such records except upon written con-
sent of the Administrator. Upon request the Code Authority shall
furnish to the Administrator or any duly designated agent of the
Administrator copies of any such tariffs or schedules or revisions
of rates.
(a) All such tariffs or schedules published by each member of the
Industry shall plainly shoAv the rates and charges for each of the
following separate and distinct warehousing services, and any mem-
ber of the Industry who shall fail to publish and charge a se]3arate
rate or charge for each of these services shall be deemed guilty of
an unfair trade practice and in violation of this Code.
35
Handling Repacking
Storing Service outside of usual business
Insuring hours
Recoopering Making collections or loans on
Weighing request of customers
Extra Sorting Extra labor or service and spe-
Bonded Warehouse Service cial clerical work.
(b) All tariffs or schedules of rates shall definitely state whether
the rates quoted are applicable to carload or less-than-carload quan-
tities. There shall be no discounts for quantity in excess of the
customarily accepted carload unit quantity.
Section 2. "When any member of the industry has filed a revised
tariff or schedule, sucli member shall not file a higher rate within
forty-eight (48) hours.
Section 3. No member of the industry shall offer to perform any
services of the industry, at rates or charges other than those set forth
in his published tariff' or schedule of rates.
Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
rates, nor cause or attempt to cause any member of the industry to
change his rates by the use of intimidation, coercion, or any other
influence inconsistent with the maintenance of the free and open
market which it is the purpose of this Article to create.
Article VIII — Capacity Contkol
Based on conditions in this Industry and in this period of emer-
gency and to effectuate the operatioji, provisions and policy of the
National Industrial Recovery Act, the folloAving regulations are
established :
Section 1. No person engaged in this industry or for the purpose
of engaging in this industry shall purchase, construct, lease or other-
wise obtain or use storage capacity not owned, leased or otherwise
held by such person prior to the effective date of this Code, except by
applying to the Administrator through the Code Authority and ob-
taining permission of the Administrator upon his finding that the
granting of such permission is consistent v\"ith and tends to effectuate
the policy of the National Industrial Recovery x\ct ; but nothing con-
tained herein shall be construed to prevent the replacement by a
member of this industr}^ of storage capacity of equal capacity exist-
ing on the effective date of this Code or the transfer of storage ca-
pacity from one member to another person provided same was in use
prior to the effective date of this Code, and provided further that
such transfer does not have the etiect of creating additional storage
capacity within the Industiy.
Section 2. The provisions of this Article shall cease to be effec-
tive on the expiration of six months from the effective date of this
Code, provided, however, that prior to that time the Code Authority
may submit to the Administrator its recommendation that said
period be extended based on such information as may be required
and if the Administrator finds upon such informaticm and facts that
a further extension of this period is consistent with and tends fur-
36
ther to effectuate the policj^ of the National Industrial Eecovery
Act, he may declare the provisions of this Article to be operative for
such lono:er period and under such conditions as he may find neces-
sary further to effectuate the policy last herein mentioned.
Article IX — Costs and Price Cutting
Section 1. The standards of fair competition for the industry
with reference to the charging of rates are declared to be as folloAvs:
(a) Wilfiilly destructive rate cutting is an unfair method of com-
petition and is forbidden. Any member of the industry or any
other industry or the customers of either may at any time complain
to the Code Authority that any filed rates constitute unfair compe-
tition as destiTictive rate cutting, imperiling small enterprise or
^^ending toward monopoly or the impairment of code wages and
Trorki7?g conditions. The Code Authority shall within five (5) days
afford an opportunity to the member filing such rate to answer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of NRA Avhich shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to destructive rate cut-
ting there is to be no fixed minimum basis for rates. It is intended
that sound cost estimating methods should be used and that consid-
eration should be given to costs in the determination of rates.
(c) When an emergency exists a^ to any destructive rate cutting-
charges below the stated minimum rate of such service, in violation
of Section 2 hereof, is forbidden.
Section 2. Emergency Provmom. — (a) If the Administrator,
after investigation shall at any time find both (1) tliat an emergency
has arisen within the industry adversely affecting small enterprises
or wages or labor conditions or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum rate for a specified
service within the industry for a limited period is necessary to miti-
gate the conditions constituting such emergency and to effectuate
the purposes of the Act, the Code Autliority may cause an impartial
agency to investigate costs and to recommend to the Administrator a
determination of the stated minimum rate of the services affected by
i\\Q emergency and thereupon the Administrator may proceed to
determine such stated minimum rate.
(b) When the Administrator shall have detennined such stated
minimum rate for a specified .service for a stated period, which rate
shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industrial
Recovery Act, he shall publish such rate. Thereafter, during such
stated period, no member of the industry shall charge for such
specified services at a net realized rate below said stated minimum
rate and any such charge shall be deemed destructive rate cutting.
From time to time, the Code Authority may recommend review or
reconsideration, or the Administrator may cause any determinations
hereunder to be reviewed or reconsidered and appropriate action
taken.
37
Section 3. Cost Finding. — The Code Authority shall cause to be
formulated methods of cost finding and accounting capable of use
by all members of the industry, and phall submit such methods to
the Administrator for review. If approved by the Administrator,
full information concerning such methods shall be made available
to all members of the industry. Thereafter, each member of the in-
dustry shall utilize such methods to the extent found practicable.
Nothing herein contained shall be construed to permit the Code
Authority, any agent thereof, or any member of the industr}'^ to
suggest uniform addition^, percentages or diiferentials or other uni-
form items of cost which are designed to bring about arbitrary uni-
formity of costs or rates.
Article X — Tkade Practice E,ules
Sectiox 1. No member of the industry shall directly offer or make
any payment or allowance or a rebate, refund, commission, credit,
unearned discount or excess allowance, whether in the form of money
or otherwise; nor shall a member of the industry offer or extend to
any customer any special service or privilege not extended to all
customers of the same class.
Section 2. No member of the industry shall Icnowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.
Section 3. No member of the industr}^ shall publish advertising,
whether printed, radio, display, or of any other nature, which is mis-
leading or inaccurate in any material particular; nor shall any mem-
ber in any way misrepresent any credit terms, values, policies, serv-
ices, or the nature or volume of the business conducted.
Section 4. No member of the industry shall give, permit to be
given, or offer to give, anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representative
of another in relation to the business of tiie employer of such
employee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal or party. This provi-
sion shall not be construed to prohibit free and general distribution
of articles commonly used for advertising exc^ept so far as such
articles are actually used for commercial briber}^ as hereinabove
defined.
Section 5. No member of tlie industry shall fail to bill and make
payable monthly, the monthly storage charges, interest, insurance
and all other charges for services, irrespective of whether the mer-
chandise has been reuK^ved from the warehouse or remains in storage.
Section G. No member of the industry shall describe the refrig-
erated warehousing business, the method used, facilities furnished
or services rendered, or quote rates or charges, or state terms or
conditions, in a manner that is misrepresentative or that has a tend-
ency or capacity to deceive customers or prospective customers as to
the true character thereof in any particular.
Section 7. No member of the industry shall offer or make confi-
dential or secret rates, charges, terms or conditions, or offer or make
in any manner or by any device whatever, more advantageous rates,
charges, terms or conditions, to certain favored customers or pro-
spective customers than in accordance with such member's filed tariff
or schedule.
38
Section 8. No member of the industry shall defame competitors
by falsely impiitin<>; to them dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false repre-
sentations or by the false disparagement of the grade or quality of
their service.
Section 9. No member of the industry shall issue fraudulently,
or aid in fraudulently issuing, a warehouse receipt for stored prod-
ucts which contains any false statement or which omits any pertinent
information or facts relating to the ownership and/or to the mer-
chandise described.
Section 10. No member of the Industry shall use any subterfuge
to evade any provisions of this Code, such as (but without limita-
tion) renting or offering to I'ent warehouse space under such terms or
conditions as would defeat the purposes of this Code.
Article XI^ — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under Title I of said Act.
Section 2. Such of the provisions of this Code as are not required
to be included herein bj^ the Act may, with the approval of the
Administrator, be modified or eliminated in such manner as may
be indicated by the needs of the public, by changes in circumstances,
or by experience. All the provisions of this Code, unless so modified
or eliminated, shall remain in effect until June 16, 1935.
Article XII — Monopolies, etc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress or discrimi
nate against small enterprises.
Article XIII — Supplemental Codes
The Code Authority may at any time submit and accept on behalf
of the Industry supplemental codes for any branch of this industry
or any related industiy.
Article XIV — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delaj'^ed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller's
costs.
Article XV — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 499.
lleiiistry No. 1710-15.
o
Approved Code No. 500
CODE OF FAIR COMPETITION
FOR THE
PROCESSED OR REFINED FISH OIL INDUSTRY
As Approved on August 8, 1934
ORDER
Approving Code of Fair Competition for the Processed or
Refined Fish Oil Industry
An application having been duly made pursuant to and in fiiil
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Processed or Refined Fish Oil Industry,
and hearings having been duly held thereon and the annexed report
on said code, containing findings with respect thereto, having been
made and directed to the President :
^ NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 654:3-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said code complies in all respects Avith the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said code of fair
competition be and it is hereby approved.
Hugh S. Johnson,
Admiimstrator for Industncd Recovery,
Approval recommended :
Armin W. Riley,
Diiiisio7i Adimnistrator,
Washington, D.C,
August 8, 193Jf.
79269° 1044-45 34 1 (39)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : Thi.s is a report on the Code of Fair Competition for the
Processed or Refined Fish Oil Industry, as revised after the Public
Hearing held in Washington, D.C., on March 17, 1934, in accordance
with the provisions of the National Industrial Recovery Act.
I. DESCRIPTION OF THK INDUSTRY
The industiy covers the refining of fish oil ])y various processes
as outlined in the code, and the selling of the resultant product as
refined or processed fish oil. The improvement in the technical refin-
ing methods during recent years has permitted the use of refined fish
oils in a wider range of products than wa^ formerly the case. A
large, but unknown, quantity of crude fish oil is refined by operators
who use the refined oils in their own further manufacture. Such
operators are not covered by the code as they do not sell the refined
oils as such.
Most of the refined oils produced by this industry are used by
manufacturers of paints and floor coverings. The manufacture of
vitamin tested oils solely for therapeutic purpo.ses is not included
in this industry, but when such oils are sold in competition with
ordinary refined or processed fish oils, the code provisions shall be
applicable thereto. For paint and floor covering uses, the refined
fish oils are in direct competition with linseed, perilla, and other
vegetable drying oils, most of which are of foreign orig'in.
The refineries are generally fairly large and are located either
near the sources of .supply or near the points where their products
are used. Tliere are a number of business organizations which are
brought in part under the provisions of this code due to the fact
that they do some refining or processing of fish oil at the same time
they carry on other operations. In order to maintain fair competi-
tive conditions, it is believed that both the refiners who refine as their
principal business and those who refine incidentally to other opera-
tions should work under the same conditions.
There are about ten distinct business entities in the industry, oper-
ating some tv/enty plants. The value of the refined or processed oil
produced annually is approximately five million dollars, which
roughly equals the invested capital. The employees in the industry
number between 600 and TOO according to reliable estimates.
II. LAPAIR PROVISIONS
The code provisions will result in a considerable reduction in work-
ing hours and should increase employment by some 20 or 25 percent.
Wages in the industry have been high and tliere v»all be but little
(40)
41
increase in the individual pay as a result of the code provisions.
The wages proposed are up to or above those generally provided in
codes.
III. UNFAIR METHODS OF COMPETITION
The code contains the usual unfair trade practices, including the
new provisions relative to open prices. In addition, the code pro-
vides for the elimination of future contracts containing a guarantee
against price declines, and also makes a provision for the establish-
ment of grades and standards.
IV. ADMINISTRATION
The code attempts to j^rovide for the protection of the large,
medium and small size operators by establishing a code authority
of four members made up in a designated manner to represent each
of these groups, with a fifth member from outside the industry, to
be elected by the four others. Reports of annual production are
required from all members, and these are to be used in classifying
members as large, medium and small size. Assessments for the
expenses of code administration are based on the annual production
of each member.
V. FINDINGS
The Deputy Administrator in his final report to me on said code,
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that :
(a) Said code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
requred), by increasing the consumption of industrial, fishery, and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
lalwr and by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50.000 em-
ploj-ees; and is not classified by me as a major industry.
(c) The code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion. Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said industry; and that said association imposes no inequitable
restrictions on admission to membershi]) tlierein.
42
(d) The code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not iDeen deprived of the right to be heard prior to approval of
said code.
For these reasons, therefore, I have approved this code.
Eespectfully,
Hugh S. Johnson,
Adininistrator,
August 8, 1934.
CODE OF FAIR COMPETITION FOE THE PROCESSED OR
REFINED FISH OIL INDUSTRY
Article I — Purpose
Section 1. To effectuate the policies of Title I of the National
Industrial Recovery Act, the following provisions are established
as a code of fair competition for the processed or refined fish oil
industry, and shall be the standards of fair competition for such
industry, and shall be binding upon every member thereof.
Article II — Definitions
Section 1, As used in this code :
(a) The term "President" means the President of the United
States.
(b) The term "Act" and the term "Administrator" mean re-
spectively Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
(c) The term "processed or refined fish oil industry" or "indus-
try " means the business of processing or refining fish oil (either
directly or through the emplojnnent of an independent contractor,
an agent, or through any other instrumentality) for sale or delivery
as processed or refined fish oil; and such related branches or subdi-
visions as may from time to time be included under the provisions of
this code.
(1) The term "processing" means the blowing of air through or
into fish oil to oxidize or polymerize it; treating such oil with heat
or organic or inorganic chemicals; deodorizing such oil with steam,
air, or chemicals; bleaching such oil with inert earths or chemicals;
and/or destearinizing such oil by removing to any degree therefrom
the fats contained therein which have a high melting point.
(2) The term " refining " means the treatment of fish oils by alka-
line substances or acids (organic or inorganic) or by inert earths.
(d) The term " member of the industry " includes any individual,
partnershij), association, corporation, or other form of enterprise en-
gaged in the industry, either as an employer or on his or its own
behalf.
(e) The term "employee" means any individual engaged in the
industry in any capacity, however compensated, except a member of
the industry.
(f ) The term " employer " means any member of the industry by
whom any such employee is compensated or employed.
(g) The term " State " includes the several states, the District of
Columbia, the several Territories of the United States, and the in-
sular possessions or other places under the jurisdiction of the United
States.
(43)
44
(h) The term '• subsidiary " means any member of the industry of
or over whom a member of the industry has, either directly or in-
directly, actual or leijal control, whether by stock ownership or in
any other manner.
(i) The term "affiliate" means any member of the industry who
ha,s, either directly or indirectly, actual or lei^al control of or over
a member of the industry, whether by stock ownership or in any
other manner.
(j) The term "outside salesman" means any salesman who per-
forms exclusively sellina' functions outside the establishment of a
member of tiie industry, and does not deliver.
(k) The term " watchman " means an employee whose principal
function is watching or ouardino- t]ie premises or property of his
employer,
(1) The term "Code Authority" means the processed or refined
fish oil industry control authority created under Article VII hereof.
(m) The term "price terms" means prices, discounts, rebates,
allowances, and all otlier terms or conditions of sale.
Ar.TICLE III HOTTIW OF La150K
Sfxtion 1. No employee shall be permitted to work in excess of
the normal hours stated below for the particular occupation.s speci-
fied, except as provided in Section 6 of this Article.
Section 2. The normal hours for chauffeurs, deliverymen, engi-
neers, an.d firemen shall be forty-eight (48) hours per week.
Section 3. The normal hours for employees engaged in the dual
capacity of fireman or engineer and watchman shall be forty-eight
(48) hours per week, and eight (8) hours per day; provided, that
such employees are paid not less than $30.00 per week.
Tlie normal hours for employees engaged solely as watchmen shall
be fifty-six (56) hours per week, eight (8) hours per day, and seven
(7) days per week.
Section 4. The normal hours for clerical, accounting and other
office employees shall be forty (40) hours per week and eight (8)
hours per day.
Section 5. The normal hours for all other employees shall be
thirty-six (36) hours per week and eight (8) hours per day.
Section 6. In cases of peak productions, inventory periods,
financial closing periods, and unusual conditions beyond the control
of the employer, employees may work in excess of the normal num-
ber of working hours per day or per week provided in this code
for the class of work performed by such employees. Such overtime
shall not exceed six (6) hours in any week or eight (8) weeks in
any year, except in cases of emergency repair work involving break-
downs or ]3rotection of life and property, and shall be compensated
by at least time and one-third the normal rate. Office employees
receiving thirty -five dollars ($35.00) per. week or over are not en-
titled to overtime payment. This Section shall not apply to em-
]3lo3'ees engaged solely as watchmen, except in cases of emergency
repair work involving break-downs or protection of life and
property.
45
Sectiox 7. No employer shall knowingly permit any employee to
■work for any time which when totaled with that already performed
with another employer or emploj'ers in this industry (or otherwise)
exceeds the maximnm permitted herein.
Section 8. No employee, except watchmen, shall be permitted to
work in excess of six (6) days in any seven (7).
Section 9, The provisions of this Article shall not apply to persons
employed as managers, executives, chemists or supervisors who earn
thirty-five dollars ($35.00) per week or more, or to outside salesmen.
Article IV — Wages
Section 1. No clerical, accounting, or other office employee shall be
paid at a rate less than sixteen dollars ($16.00) per week, except that
office boys and messengers may be employed at a rate not less than
fourteen dollars ($14.00) per week. Office boys and messengers shall
not exceed five per cent (5%) of all office employees, but at least one
office boy or messenger may be emploj'ed in each office.
Section 2. No watchman shall be paid at a rate less than eighteen
dollars ($18.00) per week.
Section 3. No other employee shall be paid at a rate less than
forty -five cents (450) per hour.
Section 4. This Article establishes a minimum rate of pay, regard-
less of whether an employee is compensated on a time-rate, piece-
work, or other basis.
Section 5. Female employees performing substantially the same
work as male employees shall receive the same rates of pay as male
employees.
AR'ncLE V — General Labor PR0^^SI0NS
Section 1. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
Section 2. No employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing.
Section 3. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
Section 4. No individual under sixteen (16) years of age shall be
employed in the industry, nor anyone under twenty-one (21) years
of age at operations or occupations hazardous in nature or detri-
mental to health. The Code Authority shall report a list of such
operations or occupations to the Administrator within thirty (30)
days after the effective date of this code.
Section 5. Within each State this code shall not supersede any
Federal laws or the laws of such State imposing more stringent
requirements on employers as to the age of employees, wages, hours
79269° 1044^5 34 2
46
of work, or health and general working conditions, or as to insurance
and fire protection than are imposed under this code.
Section 6. Employers shall not change the method of payment
of employees' compensation or reclassify employees or duties so as
to defeat the purposes of the Act or the provisions of tliis code.
Section 7. Whenever the adoption of the minimum rates of pay
of this code results in lessening the differential between unskilled
labor and skilled occupations, equitable readjustments in the wages
above the minimum shall be made, and in no case shall weekly wages
be reduced as a result of the adoption of this code. The Code
Authority shall make to the Administrator a report of all readjust-
ments made pursuant to this Section.
Section 8. Each employer shall post in conspicuous places full
copies of this code or of Articles III to V inclusive of this code, in
English or such other language as may be required, together with
the name and address of the Chairman of the Code Authority to
whom reports of alleged violations of the provisions of the code
may be addressed.
Section 9. Wages shall be exempt from fines; and from charges
and deductions, except charges and deductions for employees' vol-
untary contributions to insurance, pension or benefit funds, and
except as required by State legislation enacted for the benefit of
employees. Deductions for other purposes may be made only when
an agreement covering the same is reduced to writing and kept on
file by the emploj^er for a period of six months open to the inspec-
tion of the Administrator. Wages shall be paid at least twice a
month, in cash, or negotiable check payable on demand.
Section 10. Every employer shall provide for the safety and
health of employees during the hours and at the places of their
employment. Standards for safety and health shall be submitted
by the Code Authorit}^ to the Administrator within three (3) months
after the effective date of this code. Nothing in this section shall
be construed so as to add to the civil liability of the employer to
the employee.
Article VI — Unfair Methods or Competition
Section 1. The following practices constitute unfair methods of
competition and it shall be a violation of this code for any member
of the industry :
(a) False Measures. — To use slack weights or slack measures, or
overweights or overmeasures, or to fail to observe any standard of
weight or of measure adopted by the Code Authority, with the
approval of the Administrator, as a standard of weight or measure,
(b) False Advertising. — To publish or disseminate in any manner
any false advertising of any product of the industry,
(c) Misbranding. — To brand or mark or pack any product of the
industry in any maimer which is intended to or does deceive pur-
chasers with respect to the brand, grade, quality, quantity, origin.
size, substance, character, nature, material content, or preparation oi
such product.
(d) Seci'et Rehafes. — To secretly pay or allow rebates, refunds,
credits, or unearned discounts, whether in the form of money or
47
otherwise; or to secretly extend to certain purchasers special services
or privileges, not extended to all purchasers under like terms and
conditions.
(e) Unectomed Service Payments. — To pay a trade buyer for a
special advertising or other distribution service by such buyer (1)
except in pursuance of a written contract made in good faith and
explicitly defining the service to be rendered and the payment for it ;
and (2) unless such service is rendered and such payment is reason-
able and not excessive in amount; and (3) unless such contract is
separate and distinct from any sales contract, and such payment is
separate and distinct from any sales price and is not designed or
used to reduce a sales jorice; and (4) unless such payment is equally
available for the same service to all competitive trade buyers in the
same competitive market; and (5) unless a copy of each such con-
tract is retained on file for a period of one year. In order to investi-
gate alleged violations of this paragraph, the Administrator may
require a member of the industry to report such contracts made by
him and/or to produce a copy thereof for inspection.
(f) Combination Sales. — To require that the purchase of any
product be prerequisite to the purchase of any other product.
(g) Conwieroial Bribery, — To give, permit to be given, or directly
offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employee,
the principal of such agent or the represented party, without the
knowledge of such employer, principal or party. This paragraph
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such articles
are actually used for commercial bribery as hereinabove defined.
(h) Free Deals. — To grant free deals, whether in the form of
money, money's worth, or service.
(i) False Statements. — To render false invoices, statements of
account, orders, or acknowledgements; or to falsely report sales,
whether or not the accounting concerning such sales is accurate.
(j) Allowances for Claims. — To allow any claim or make an
adjustment of an invoice price without obtaining a statement from
the buyer certifying to the facts on which the claim is made and
without reporting forthwith to the Code Authority a full statement
of the details of the settlement.
(k) Guarantees against Price Declines. — To make a contract for
future delivery of products of the industry except on one of the
two following bases :
(1) On the filed price on the date of quotation or acceptance of
the contract; or
(2) On the filed price in effect on the date of shipment.
(1) Storage Charges. — To carry oil without having received pay-
ment therefor beyond the contract period without invoicing the
buyer at the rate of six percent (6%) per amium (for the excess
period of carriage) on the invoice price as compensation for storage
and delay in payment.
(m) Anniuil Sales Statement. — To fail to furnish a statement of
the total annual sales to the accountants selected by the Code Au-
48
thority as provided for in Article VII, Title A, Section 3, paragraph
(a), hereof.
(n) Payment of Assessments. — To fail to j^ay the assessments for
code administration as provided for in Article VII, Title C, hereof.
(0) D'hsparagement of C&mpctitors. — To disparage competitors
by falsely imputing to them dishonorable business conduct, inability
to perform contracts, questionable credit standing; or to falsely
represent the grade or quality of their products.
(p) Compliance ivith Standards and Spcci-ficatiO'ns. — To fail to
apply the standards and specifications which may be established by
the Code Authority pursuant to the provisions in Article VII, Title
B, Section 1, paragraph (k), hereof.
(q) Filing P7nces. — To fail to file with a confidential and dis-
interested agent of the Code Authority, or if none, then with such
an agent designated by the Administrator, identified lists of all of
his price terms, which lists shall completely and accurately conform
to and represent the individual pricing practices of the member
filing same. Said price terms shall m the first instance be filed
within fifteen days after tlie approval of this code. Price terms
and revised price terms shall become effective immediately upon
receipt thereof by said agent.
(r) Increased Prices. — To file a higher price within forty-eight
(48) hours after having filed a revision in price term.s.
(s) Adherence to Filed Prices. — To sell or offer to sell any prod-
ucts of the industry except in accordance with such price terms
as filed in accordance with the provisions of Article VI, Section 1,
paragraph (q), hereof.
(t) Agreement on Prices. — To enter into any agreement, under-
standing, combination or conspiracy to fix or maintain price terms,
or cause or attempt to cause any member of the industry to change
his price terms b}^ the use of intimidation, coercion, or any other
influence inconsistent with the maintenance of the free and open
market which it is the purpose of this Article to create.
(u) Destrtoctive Price Cidting. — To engage wilfully in destruc-
tive price cutting. Any member of the industry or of any other
industry or the customers of either may at any time complain to the
Code Authority that any filed price constitutes unfair competition
as destructive price cutting, imperiling small enterprise or tending
toward monopoly or the impairment of code wages and working
conditions,
(v) Emergency Basis for Prices. — To sell below the stated mini-
mum price for any given product when an emergency exists as to
any such product in accordance with the following provisions:
(1) If the Administrator, after investigation shall at any time
find both (a) that an emergency has arisen within the industry
adversely affecting small enterprises or wages or labor conditions,
or tending toward monopoly or other acute conditions which tend
to defeat the purpose of the Act; and (b) that the determination of
the stated minimum price for a specified product within the indus-
try for a limited period is necessary to mitigate the conditions con-
stituing such emergency and to etfectuate the purposes of the Act,
the Code Authority may cause an impartial agency to investigate
costs and to recommend to the Administrator a determination of the
49
stated minimum price of the product affected by the emergency and
thereupon the Administrator may proceed to determine such stated
minimum price;
(2) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the Act, he shall publish
such price. Thereafter, during such stated period, no member of
the industry shall sell such specified products dt a net realized price
belov/ said stated minimum price and any such sale shall be deemed
destructive price cutting; and provided that
(3) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended
that sound cost estimating methods should be used and that con-
sideration should be given to costs in the determination of pricing
policies.
(w) Cos/' Fiiidiru/. — To fail to utilize, to the extent found prac-
ticable, the cost finding and accounting methods promulgated pur-
suant to Article VII, Title B, Section 1, paragrapii (r), hereof.
No member of the industry shall suggest uniform additions, per-
centages or differentials or other uniform items of cost which are
designed to bring about arbitrary uniformity of costs or prices.
Article VII — Adjministiiation
TITLE A. CODE AUTHORITY, SELECTION
Section 1. A Code Authority consisting of five (5) voting mem-
bers who are to be elected by the industry shall be established to
administer this code, and to effectuate in the industry the purposes
and policies of the Act. The Administrator may appoint from one
to three nonvoting members of the Code Authority as his representa-
tives, for such periods respectively as he shall designate, to attend
ail meetings of the Code Authority without expense to the industry.
The Code Authority shall be elected immediately upon the approval
of this code at a meeting which may be attended by all members of
the industry, of which meeting due notice shall be given, and at
which each member of the industry shall be entitled to one vote
which may be cast in person, by proxy duly appointed, or by mail.
Section 2. The members of the Code Authority so chosen shall
continue in ofRce until their successors are duly elected and qualified.
Section 3. For the purposes of this Title, members of the industry
shall be classified into three groups in the following manner :
(a) Each member of the industry shall within sixty (60) days
after the effective date of this code and during the first ninety (90)
days of each year thereafter, beginning with January 1, 1935, report
to such accountants (certified, chartered, or other lawful practitioners
of accountancy) as may be selected by the Code Authority the num-
ber of tons of processed or refined fish oil sold by him in the preced-
ing year. Such reports shall be held by said accountants in strict
confidence except as to the Administrator. On the receipt of such
reports, or immediately upon the expiration of the stated period,
said accountants shall determine from the reports received the aver-
50
age number of tons per member of such products sold during the
preceding year and shall then determine the members who are to be
classified in Group A, being such membei-s who have, as shown by
their respectiA'e reports, sold during the preceding year one hundred
fifty percent (150%) or more of such average number of tons; said
accountants shall also determine the Group B members, being those
who have, according to their respective reports, sold during the pre-
ceding year more than scA'enty-five percent (T5%) but less than one
hundred fifty percent (150%) of such average number of tons; and
said accountants shall aho determine the Group C members, being
those who have, as shown by their respective i-eports, sold during
the preceding year seventy-five percent (75%) or less of such average
number of tons. The determination of such groups by said account-
ants shall be final and conclusive and no person shall have any right
to investigate or check such determination except the Admmistra-
tor, who may do so either on his own initiative or on the com-
plaint of any member of the industry claiming to be injured thereby.
Section 4. Yv^ien and as said classifications have been made by said
accountants, they shall report to the members of the industry the
personnel of the several groups. Within thirty (30) days after the
making of each such report, a meeting of the members of the indus-
try shall be held and notice thereof shall be given by the Code
Authority specifying the time and place of each meeting. At such
meeting Group A membei's shall as a class, be entitled, to elect two
of the five (5) voting members of the Code Authority; Group B
shall be entitled, as a class, to elect one (1) of the voting members
of the Code Authorit}^; and Group C members sliall be entitled, as
a class, to elect the remaining voting member of the Code Authority.
The four members of the Code Authority so chosen shall select the
fifth voting member, who shall not be a member of the industry or
an employee, partner, or officer thereof. A voting member of the
Code Authority may, but need not, be associated with a member of
the industr3^ but no two (2) members of the Code Authority shall
be directly associated with the same member of the industry or any
of his subsidiaries or affiliates.
Section 5. If any vacancy shall occur in the membership of the
Code Authority by reason of rejection or disapproval of any member
by the Administrator, or by resignation or death, or for any other
reason, the remaining members of the Code Authorit3^ except those
appointed by tlie Administrator, may, by a majority vote of their
number, appoint a member to the Code Authority for the unexpired
term, subject however to the approval of such appointment by the
Administrator. In filling such vacancies, the representation of the
respective groups; viz, A. B, and C, provided for in Section 4 of this
Article shall be maintained.
Section G. The vote in person, by proxy, or by mail of a majority
of the members of the industry classified in any of said groups shall
be necessary for the election of the members of the Code Authority
to be chosen by that group.
Section 7. If the business of any two or more members of the in-
dustry is so combined, whether because of relationship as subsidiary,
affiliate or otherwise, as to constitute, in the opinioji of the Code
Authority, one unified enterprise for practical purposes; then, such
51
members so combined shall have one vote at meetino:s of the mem-
bers of the industry and shall, in classifyin(>; such members into
Groups A, B, and 0, be treated as though constituting one member
of the industry.
Section 8. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall (1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of associa-
tion, by-laws, regulations, and all amendments thereto as made, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to eil'ectuate
the purposes of the x\ct.
Section 9. In order that the Code Authority shall at ail times
be truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper; and tliereafter if he shall find
that the Code Authority is not truly repiesentative or does not in
other respects compl}' with the provisions of the Act, may require
an appropriate modification in the method of selection of the Code
Authority.
Section 10. Nothing contained in this code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner to
anyone for any act of any other member, oiHcer, agent or 'employee
of the Code Authority. Nor shall any mem.ber of the Code Au-
thority, exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anyone for any action or omission to act
under this code, except for his ov>'n wilful malfeasance or non-
feasance.
title r,. CODE authokity, powers and duties
Section 1. The Code Authority shall be charged with the admin-
istration of the provisions of this code and shall have tiie following
powers and duties in addition to those authorized by other provi-
sions of this code, subject to such rules and regulations as may be
prescribed by the Administrator :
(a) To insure the observance of the provisions of this code, and
the compliance of the industry with the provisions of the Act. Any
charge of a specific alleged violation coming to the knowledge of a
member of the industry shall be submitted to the Code Authority
in a written statement, specifying such alleged violation and con-
taining substantiating evidence thereof. If the member submitting
such charge recjuests that his action in so doing be kept in confidence,
the Code Authority shall make every effort to do so, provided that
such action on its part shall not hinder or obstruct the ensuing
investigation and the enforcement of this code against the member
charged.
(b) To investigate any charge aforesaid and any other specific
charges or information relating to violations of the code which shall
come to its knowledge from any source which it deems reliable. The
Code Authority may investigate such matters by calling upon any
member of the industry, including the one whose actions are under
52
investigation; and may secure from any member of the industry a
statement with re^-pect to any alleged violation.
(c) To receive complaints' from any member of the industry or of
any other industry or the customers of either at any time that any
filed price constitutes unfair competition as destructive price cutting,
imperiling small enterprises or tending toward monopoly or the im-
pairment of code wages and working conditions.
(d) To adopt by-laws and rules and regulations for its procedure.
(e) To obtain from members of the industry such information and
reports as are required for the administration of this code. In addi-
tion to information required to be submitted to the Code Authority,
members of the industry shall furnish such statistical information as
the Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act to such Administrative and/or government
agencies as the Administrator may designate: Provided h-owever,
that nothing in this code shall relieve any member of the industry
of any existing obligation to furnish reports to any government
agency. No individual reports shall be disclosed to any other mem-
ber of the industry or any other party, except to such government
agencies as may be directed by the Administrator.
(f ) To use s-uch other agencies as it deems proper for the cariying
out of any of its activities provided for herein; but nothing herein
shall relieve the Code Authority of its duties or responsibilities under
this code; and such agencies shall at all times be subject to and com-
ply with the provisions hereof.
(g) To make recommendations to the Administrator for the co-
ordination of the administration of this code with such other codes,
if any, as may be related to or affect members of the industry.
(hj To cooperate with the Administrator in regulating the use of
any N.E.A. insignia solely by those members of the industry who are
complying with this code.
(i) To recommend to the Administrator such changes and modi-
fications in this code as experience shall prove necessary and desirable.
(j) To establish, subject to the approval of the Administrator,
specifications and standards for the classification of various kinds of
processed or refined fish oils into several grades.
(k) To require that each member of the industr}'^, in selling or
promoting the sale of such oil, processed or refined by him, shall
classify the product in accordance with said specifications and stand-
ards when and as the Code Authority shall so establish same; and
shall comply with the requirements set forth in paragraph (1) of this
Section and such other regulations as the Administrator may approve
in this connection.
(i) If any member of the industr}^ shall have established or shall
desire to establish a special trade name for any particular type or
grade of oil sold by him which has a peculiar quality or property,
distinct in any wa}^ from any of the established grades, he may
market such oil under said special trade name or as a separate or
distinct grade, but, in so doing, shall not make any unfounded or
misleading statements or claims concerning the properties, charac-
teristics, or capabilities of such branded oil or special grade. Any
member of the industry who now markets or hereafter proposes to
market any such special type of oil shall i-eport the fact to the Code
53
Authority, tofjether with a statement of the peculiar properties
claimed therefor, and if the Code Authority shall find that such
special oil has no peculiar qualities or capabilities to distinguish it
from one of the standard grades established by the Code Authority,
such member shall not make any statements or claims to the contrary
and shall in filing the schedules required of him under paragraph
(q), Section 1 of Article VI, hereof, classify said oil in accordance
witli the standard grade to which it belongs but may continue to sell
the oil under the trade name or brand.
(m) From and after the time that the Code Authority shall so
establish specifications or standards for the classification of any kind
of refined or processed oil in the various grades and shall announce
such classification, each member of the industry proposing to sell any
grade of such kind of oil shall include in the price terms at Avhich
he proposes to sell any of the established grades, or any special grade,
or any grade bearing a special trade name as above provided at least
(1) theprice at which each grade will l)e offered in the various unit
quantities, e.g., tank car, drum, ton, pound, carload lots, or less than
carload lot; (2) whether or not such price includes any transporta-
tion, handling, or similar charge to be paid by the seller; (3) any
quantity or other discounts which will be permitted from any of the
sales prices set forth in said schedule, and the amount or extent
thereof; (4) the period or periods within which deliveries will be
made at such prices; and (5) the terms of credit upon which the
various grades of oil will be sold. Such report shall be made on such
forms as the Code Authority may find necessar}^ in order that there
may be a uniform and comparable system of reporting in the
industry.
(n) To designate a confidential and disinterested agent for the
purpose of carrying out the provisions of Article VI, Section 1, para-
graph (q), hereof. Said agent shall receive price terms filed by
members of the industry in accordance with Article VI, Section 1,
paragraph (q), hereof, and immediately upon receipt thereof, said
agent shall by telegraph or other equally ])rompt means notify said
member of the time of such receipt. Such lists and revisions,
together with the effective time thereof, shall upon receipt be imme-
diately and simultaneously distributed to all members of the industry
and to all their customers who have applied therefor and have
offered to defray the cost actually incurred by the Code Authority
in the preparation and distribution thereof and be avpiilable for
inspection by any of their customers at the office of such agent. Said
lists or revisions or any part thereof shall not be made available to
any person until released to all members of the industry and their
customers, as aforesaid ; provided, that prices fi_led in the first instance
shall not be released until the expiration of the fifteen (15) day
period after the approval of this code provided for in Article VI,
Section 1, paragraph (q), hereof.
(o) The Code Authority shall maintain a permanent file of all
price terms filed as herein provided, and shall not destroy any part
of such records except upon written consent of the Administrator.
Upon request the Code Authority shall furnish to the Administrator
or an}'^ duly designated agent of the Administrator, copies of any
such lists or revisions of price terms.
54
(p) T^^pt>ri receipt of a complaint under Article YI, Section 1,
parafrraph (u). hereof, the Code Authority shall within five days
afford an opportunity- to the member of the indiistry filing; the price
(alleged to constitute destructive price cuttin<r) to answer such com-
plaint and shall within fourteen (14) days make a ruling or adjust-
ment thereon. If such ruling is not concurred in by either party
to the complaint, all papers shall be referred to the Research and
Planning Division of the N.R.A. which shall render a report and
reconunendation thereon to the Administrator.
(q) To recommend from time to time the review or reconsidera-
tion of any determinations effected under Article VI. Section 1,
paragraph (v). subparagraph (2). hereof, or the Administrator maj'
cause the same to be reviewed or reconsidered and appropriate action
taken.
(r) To cause to be formulated methods of cost finding and ac-
counting capable of use by all members of the industry. AVhen such
cost finding and accounting methods shall have been formulated
same shall be submitted to the Administrator for review. If ap-
jiroved by the Administrator, full information concerning such
methods shall be made available to all members of the industry.
Nothing herein contained shall be construed to permit the Code
Authority to suggest uniform additions, percentages or differentials
or other uniform items of cost which are designed to bring about
arbitrary uniformity of costs or of prices,
Sectiox 2. If the' Administrator shall at any time determine that
any action of the Code Authority or any agency thereof may be
unfair or unjust or contrary to the public interest, the Administrator
may require that such action be suspended to afford an opportunity
for investigation of the merits of such action and further considera-
tion by the Code Authority or such agency pending final action
Avliich shall not be effective unless the xVdministrator approves or
unless he shall fail to disapprove after thirt}^ (30) days' notice to
him of intention to proceed with such action in its original or
modified form.
TITLE C. EXPEXSES
Section 1. The Code Authority shall, prior to the meeting of the
members of the industry in each year, fix an estimate or budget of
its probable financial needs for the administration of this code for
the ensuing year, and shall submit the same to such meeting for
approval. Unless the budget is revised by such meeting (and it
shall have that power) the same as determined by the Ccxie Au-
thority shall become effective immediately after its approval by the
Administrator. When the budget has been so determined and ap-
proved, the Code Authority shall empower the account^ants selected
by the Code Authority imder the provisions of Title A, Section 3,
paragraph (a) of this Article, to apportion the expenses therein set
forth among the members of the industry, using for this purpose the
ratio of the annual sales of each member of the industry to the total
sales of the industry for the preceding year; and after the basis of
contribution has been approved by the Administrator shall empower
them to collect the same. Such apportionment and collection of
expenses among the members of the industry shall be held by such
accountants in strict confidence except as to the Administrator.
55
Such accountants may be subjected to adequate bond before assuming
any function under tlie provisions of this Title.
Section 2. If the Code Authority shall at any time deem that ex-
traordinary expenses should be incurred by it in the performance of
its function-s hereundei", it shall thereupon estimate the amount
thereof and .submit the same to a meeting of the members of the in-
dustry for approval, revision or rejection. The notice of tiny such,
meeting shall specify the purpose thereof, and the nature and amount
of the requested appropriation. If such meeting is so called and
shall, either for a lack of quorum or otherwise, fail to revise or re-
ject the request of the Code Authority, the acticm of the Code Au-
thority shall then l)e final and conclusive as to memljers of the
industry. Such proposed extraordinary budget shall be subject to
the approval of the Administrator in any event. Assessments on the
members of the industry shall then be apportioned by said account-
ants on the same basis as specified in Section 1 of this Title, and,
after the basis of contribution has been approved by the Adminis-
trator, collected in like manner.
Section 3. Any funds remaining on hand, upon tlie termination
of this code or at the discretion of the Code Authority, shall, after
the liabilities of the Code Authority have been paid, be prorate»d
and returned to the members of the industry by said accountants
in accordance with such recognized principles of accountancy as will
allow due consideration to their respective contributions to such
balance.
Article VIII — INIoxopolies
Section 1. Xo provision of this code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.
Article IX — Modification
Section 1. It is contemplated that from time to time amendments
will be submitted for the api^roval of the President to effectuate the
policies of the Act and to prevent unfair competition. After such
notice and hearings as the Administrator shall specify, and with
the approval of the President, the proposed amendments shall be-
come parts of this code.
Section 2. This code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10, subsection (b) of the Act, from time to time
to cancel or modify any order, approval, license, rule, or regula-
tion issued under the Act; and specifically, but without limitation,
to the right of the President to cancel or modify his approval of this
code or any conditions iniposed by him upon his approval thereof.
Article X — Effective Date
Section 1. This code shall become effective on the second Monday
following its approval by the President.
Approved Code No. 500.
Registi-y No. G12-01.
o
Approved Code No. 501
CODE OF FAIR COMPETITION
FOR THE
MANUFACTURING AND WHOLESALE SURGICAL
INDUSTRY
As Approved on August 9, 1934
ORDER
Code of Fair Competition for the Mantjfacturing and Wholesale
Surgical Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Manufacturing and Wholesale Surgical
Industry, and hearing having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act; and do hereby order that said
Code of Fair Competition be and it is hereby approved; provided,
however, that within ninety days I may direct that there be a further
hearing on such of the provisions of said Code as I may designate,
and that any order which I may make after such hearing shall have
the effect of a condition on the approval of said Code, and provided
further that Section 3 of Article VIII be, and the same is, hereby
deleted.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C,
August 9, 193J,..
79563° 1044-51 34 (57)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the
Manufacturing and Wholesale Surgical Industry, the hearing hav-
ing been conducted in Washington on the 27th day of November,
1933, in accordance with the provisions of Title I of the National
Industrial Recovery Act.
INDUSTRY BACKGROUND
The Manufacturing and "Wholesale Surgical Industry had a re-
duction in employment between June, 1929 and October, 1933 of
about twenty-one (21%) percent. Employment increased about
sixteen (16%) percent between June, 1933 and October, 1933, while
the average hours worked per week decreased about ten (10%)
percent in that same period. Average hours worked per week in
October, 1933 were 36.3. The minimum wage rates in this Industry
were somewhat higher in October, 1933 than in June, 1929. The
minimum rates as provided in this Code will provide weekly earnings
higher than the lowest wage rate in 1929.
The Office of the Surgeon General of the War Department has
advised me that this Industry should receive sympathetic consider-
ation, for the reason that this Industry is an important factor in
their National Defense plans.
HOURS AND WAGES
The Code provides a standard work week of forty (40) hours,
exceptions being made as follows :
Skilled mechanical artisans are permitted to work more than
forty (40) hours in any one week, provided that in cases where
no such additional labor is available they shall be allowed to work
forty-four (44) hours in any one week or nine (9) hours in any
one day ; provided, however, that one and one-half times the normal
rate or pay shall be paid each employee for all time worked in
excess of the standard week. Emergency maintenance and emer-
gency repair work employees may work in excess of the standard
week providing they are paid time and one-half for their work in
excess of forty (40) hours per week. Surgical appliance fitters
may be permitted to work in excess of forty (40) hours in any one
week provided that each employee is paid one and one-half times
his normal rate of pay for work in excess of the standard week.
Managerial, executive and supervisory employees who are paid more
than Thirty-five ($35.00) Dollars per week are exempted from the
maximum hour provisions. In the event of emergencies due to
epidemics or catastrophes wherein the public health is threatened
(58)
\
59
the provisions regarding maximum hours of employment shall be
temporarily suspended during such emergency.
The Code provides for a minimum wage rate of 37i/^0 per hour
for males and 321/20 per hour for females with the following ex-
ceptions being made :
Office boys or messengers between the ages of 16 and 18 may be
paid not less than $12.80 per week. This type of employee, how-
ever, being restricted to 5% of the total number of employees in
any one establishment. A person whose earning capacity is limited
because of physical or mental handicap may be employed on light
work at a wage below the minimum established by tlie Code.
ECONOMIC EFFECT OF THE CODE
In the Manufacturing and Wholesale Surgical Industry there
is practically no unemployment and consequently the shorter hour
provisions as established by this Code will not, in the final analysis,
increase employment to any great extent. It is estimated, however,
that with the standard forty (40) hour week there will be a slight
increase in wage-earner employment. The Code establishes a mini-
mum rate which is in excess of the average rate paid in June, 1929
and, from this point of view, will tend to effectuate the purposes
of Title I of the National Industrial Recovery Act.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, includ-
ing removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry and Trade normally employs not more than
50,000 employees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, includmg without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (c) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
60
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
Members of this Industry have cooperated in a most satisfactory
manner with the Administrator in the preparation of this Code.
From evidence adduced during this hearing and from recom-
mendations and reports of the various Advisory Boards it is be-
lieved that this Code as now proposed and revised represents an
effective, practical, equitable solution for this Industry and for
these reasons this Code has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator.
August 9, 1934.
CODE OF FAIR COMPETITION FOR THE MANTIFACTUR-
ING AND WHOLESALE SURGICAL INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competi-
tion for the Manufacturing and Wholesale Surgical Industry, and
its provisions shall be the standards of fair competition for such
Industry, and shall be binding upon every member thereof.
Article II — Definitions
Section 1. The term " the Manufacturing and Wholesale Surgical
Industry " or " the Industry " as used herein shall mean the manu-
facture and/or wholesale distribution and/or the importation of
articles or commodities used in, or in connection with, or in aid of,
the practice of medicine and as particularly applied to surgery,
such as surgical and diagnostic instruments, appliances and appara-
tus for medical and surgical treatment, including sutures and liga-
tures, and including electro-surgical instruments and trusses and like
appliances, used, prescribed or recommended by physicians, hos-
pitals and nurses; except such instruments, appliances and appara-
tus, the manufacture and wholesale distribution of which are gov-
erned by another Code or Codes.
Section 2. The term " Member of the Industry " or " Member "
as used herein shall mean any individual, partnership, association,
corporation or other form of enterprise engaged in the Industry as
defined above, either as an employer or on his or its own behalf.
Section 3. The term " Employee " as used herein includes any
and all persons engaged in the Industry, however compensated,
except a member of the Industry.
Section 4. The term " Employer " as used herein includes anyone
by whom any such employee is compensated or employed.
Section 5. The terms " President ", "Act ", and "Administrator "
as used herein mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
Article III — Hours
maximum hours
Section 1. No employee, except as herein otherwise specified, shall
be permitted to work more than forty (40) hours in any one week
or six (6) days in any one w^eek or eight (8) hours in any one day.
exceptions as to hours
Section 2. No skilled mechanical artisan shall be permitted to
work more than forty (40) hours in any one week or six (6) days in
any one week or eight (8) hours in any one day, provided however
(01)
62
that in cases where no such additional labor is available as evidenced
by reports from the U.S. Employment Service and a forty (40) hour
week will unavoidably restrict production such employees may be
permitted to work not more than forty-four (44) hours in any one
;week nor more than nine (9) hours in any one day nor more than six
(6) days in any one week, provided however that one and one-half
times his normal rate of pay shall be paid each employee for all time
worked in excess of forty (40) hours in any one week or six (6) days
in any one week or eight (8) hours in any one day.
Section 3. The provisions of this Article shall not apply to em-
ployees engaged in emergency maintenance or emergency repair work,
provided that each such employee is paid at the rate oi one and
one-half times his normal rate of pay for all time worked in excess
of forty (40) hours in any one week or six (6) days in any one week
or eight (8) hours in any one day.
Section 4. Surgical appliance fitters may be permitted to work in
excess of forty (40) hours in any one week or six (6) days in any
week or eight (8) hours in any one day provided each such employee
is paid one and one-half times his normal rate of pay for all time
worked in excess of hours specified in this Section.
Section 5. The provisions of this Article shall not apply to per-
sons employed in a managerial, executive or supervisory capacitj^ who
are paid more than thirty-five ($35.00) dollars per week, nor to
traveling salesmen.
Section 6. In the event of emergencies due to epidemic or catas-
trophies wherein the public health is threatened, the provisions re-
garding maximum hours of employment shall be temporarily sus-
pended during such emergency as to those employees whose work is
affected thereby, but on condition that no employee shall be permitted
to work more than fifty-four (54) hours in any one week during
such emergency period ; in all such cases the members of the Industry
affected thereby shall notify the Code Authority of the reason for
the existency of the emergency, the hours worked by the Employees
during the period of such emergency, and the termination thereof;
and the Code Authority shall immediately report the same to the
Administrator. In these emergencies each employee shall be paid
one and one-half times his normal rate of pay for all time worked in
excess of forty (40) hours in any one week or six (6) days in any
one week or eight (8) hours in any one day.
Section 7. Watchmen may be permitted to work a maximum of
fifty-six (56) hours per week, but no watchmen shall be employed
more than six (6) days in any seven (7) day period.
employment by sever^vl employers
Section 8. No employer shall Imowingly permit any employee to
work for any time which Avhen totaled with that alread}^ worked for
another employer or employers exceeds the maximum permitted
herein.
Article IV — Wages
minimum wages
Section 1. No male employee, except as hereinafter specified shall
be paid less than at the rate of thirty-seven and one-half (371/2^)
63
cents per hour. No female employee, except as hereinafter speci-
fied shall be paid less than at the rate of thirty-two and one-half
(321/2^) cents per hour.
Section 2. Office boys or messengers between the ages of sixteen
(16) and eighteen (18) years may be paid at not less than the rate of
Twelve Dollars and Eighty Cents ($12.80) per week, and the total
number of such workers shall not in any case exceed one in number
or 5% of the total number of the employees of an establishment,
whichever is the higher. The names of such employees shall be
made available to any employee and shall be filed with the Code
Authority and the Administrator.
Section 3. This Article establishes a minimum rate of pay which
shall apply irrespective of whether an employee is actually com-
pensated on a time rate, piece work or other basis.
Section 4. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees and when th§y displace male employees they shall receive
the same rate of pay as the men they displace.
Section 5. Equitable adjustments above the minimum in all pay
schedules of employees shall be made within thirty (30) days after
the effective date of this Code by any emploj^er who has not since
June 16, 1933, made such adjustments under the Act. In no event,
however, shall hourly rates be reduced. Within sixty (60) days after
the effective date of this Code, each member of this Industry shall
make a report of such adjustments (whether made prior to or subse-
quent to date of approval of this Code) to the Code Authority.
Section 6. A person whose earning capacity it limited because of
age or physical or mental handicap or other infirmity may be em-
ployed OH light work at a wage below the minimum established by
this Code if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate au-
thorizing his employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him, show-
ing the wages paid to, and the maximum hours of work for such
emplo3^ee.
Section 7. Wages shall be paid weekly or semi-monthly in lawful
money or by negotiable check payable on demand. Wages shall be
exempt from fines, charges, rebates, deductions or any other form
of withholding wages except for contributions voluntarily made by
the employee or required by law. The employer or his agents shall
accept no rebates directly or indirectly on such wages nor give any-
thing of value or extend favors to any person for the purpose of
influencing rates of wages, hours, or the working conditions of his
employees.
Article V — General Labor and Other Provisions
child labor
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall
64
submit to the Administrator within sixty (60) days after the ap-
proval of this Code a list of such operations or occupations. In any
State an employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit duly
signed by the Authority in such State empowered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age.
PROVISIONS FROM THE ACT
Section 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of
employers of labor, or their agents, in the designation of such repre-
sentatives or in self -organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or pro-
tection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay and other conditions of employment approved
or prescribed by the President.
RECLASSIFICATIGN OF EMPLOYEES
Section 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
STANDARDS FOR SAFETY AND HEALTH
Section 4. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the
hours of their employment. Standards of safety and health for
each division of the industry shall be submitted to the Administrator
by the Code Authority within three (3) months after approval of
the Code.
STATE LAWS
Section 5. No provision in this Code shall supersede any State or
Federal Law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance or fire
protection, than are imposed by this Code.
POSTING
Section 6. All employers shall post and keep posted copies of
this Code or its labor provisions in conspicuous places accessible to
all employees. Every member of the Industry shall comply with
all rules and regulations relative to the posting of provisions of
Codes of Fair Competition which may from time to time be pre-
scribed by the Administrator.
65
DISMISSAL FOR CX)MPLAINT
Section 7. No employee shall be dismissed, demoted or discrimi-
nated against by reason of making a complaint or giving evidence
with respect to an alleged violation of this Code.
Article VI — Organization, Powers and Duties or the Code
Authority
organization
Section 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this Code, and
shall consist of seven (7) members of the Industry, five (5) of
whom shall be selected from the Wholesale Surgical Trade Associa-
tion, and two (2) members from the Industry who are not members
of the Wholesale Surgical Trade Association. The method of elec-
tion of the Code Authority shall be subject to the approval of the
Administrator.
Section 2. In addition to the members of the Code Authority above
mentioned, the Administrator may appoint not more than three (3)
members without vote and without compensation from the Industry.
Section 3. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose ; nor shall
any members of the Code Authority be liable in any manner for any
act of any other member, officer, agent, or employee of the Code
Authority; nor shall any member of the Code Authority exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, ex-
cept for his own wilful malfeasance or nonfeasance.
Section 4. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper ; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modification in the method of selection and composi-
tion of the Code Authority.
Section 5. If the Administrator shall determine that any action
of the Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for an investi-
gation of the merits of such action and further consideration by such
Code Authority or agency pending final action which shall not be
effective unless the Administrator approves or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
POWERS AND duties
Section 6. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provi-
sions of this Code.
66
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the Industry with the provisions of
the Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are retjuired for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act to such
Federal and State agencies as he may designate ; provided that noth-
ing in tliis Code shall relieve any member of the Industry of any
existing obligations to furnish reports to any Government agency.
No mdividual report shall be disclosed to any other member of the
Industry or to any other party except to such other Governmental
agencies as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein sliall relieve the Code Au-
thority of its duties or responsibilities under this Code and that
such trade associations and agencies shall at all times be subject to
and comply with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code and such other Codes,
if any, as may be related to or ailect members of the Industry.
(f) 1. It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized.
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval subject
to such notice and opportunity to be heard as he may deem
necessary: (1) an itemized budget of its estimated expenses for
the foregoing purposes ; and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Industry ;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
2. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided shall be
entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to maKe use of any emblem or insignia of the National Recovery
Administration.
67
8. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator
shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each other
or with other Industries; measures for industrial planning, and
stabilization of employment; and including modifications of this
Code which shall become efi^ective as part hereof upon approval by
the Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the Industry for the purpose of formulat-
ing fair trade practices to govern the relationships between employ-
ers under this Code and under such other Codes to the end that such
fair trade practices may be proposed to the Administrator as amend-
ments to this Code and such other Codes.
(i) To consider and refer to an executive Committer of the Divi-
sion concerned, for investigation and report back to the Code Au-
thority, all charges of any breaches of the Code and/or any schedules
or amendments thereto.
Section 7. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
Section 8. Each product divisional group of the industry shall
have its own separate and distinct planning committee, known as the
Division Executive Committee, and such executive committee shall
place in writing all of its decisions and recommendations to the Code
Authority for approval at least fifteen (15) days before such cL-?-
cisions and recommendations are to become effective. If the Code
Authority disapproves or fails either to approve or disapprove such
decisions or recommendations within fifteen (15) days after their
receipt by the Code Authority, the Division Executive Committee
shall be entitled to present its recommendations to the Adminis-
trator for his approval, if the approval of the Administrator is
required.
Article VII — Trade Practices
Section 1. No member of the Industry shall give, permit to be
given, or directly offer to give, anything of value for the purpose of
influencing or rewarding tho action of any employee, agent or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented
party, without the knowledge of such employer, principal or party.
Commercial bribery provisions shall not be construed to prohibit free
and general distrioution of articles commonly used for advertising
68
except so far as such articles are actually used for commercial
bribery as hereinabove defined.
Section 2. No member of the Industry shall allow secret rebates,
refunds, commissions, credits, or unearned discounts, whether in
the form of money or otherwise or extend to certain purchasers
special services, prices, nor shall a member extend special privileges
not extended to all purchasers of the same class, on like terms and
conditions, nor withhold from, or insert in an invoice or contract
any statements which make the invoice or contract a false record,
wholly or in part, of the transaction covered thereby.
Section 3. No member of the Industry shall use advertising which
is inaccurate in any material particular, nor shall a member directly,
by ambiguity or by inference misrepresent merchandise or any sub-
stance used in connection therewith (including, but not limited to,
its use, trademark, grade, quality, quantity, size, origin, material
content, preparation or curative or therapeutic effect) or credit
(terms, values, policies, or services; and no member of the Industry
shall use advertising and/or selling methods which tend to deceive
or mislead the customer. Advertising includes all representations of
fact or opinion disseminated in any manner or by any means, in-
cluding the labeling of j)roducts.
Section 4. No member of the Industry shall disseminate, publish,
circulate or cause to be disseminated, published or circulated any
false or misleading statement relative to the following:
(a) Any product or price thereof of any member of the Industry;
(b) The credit standing or ability of any member of the Industry
to perform any work or manufacture, or to produce any products.
Section 5. No member of the Industry shall imitate or simulate
any design, style, brand, trademark, slogan, or other means of iden-
tification owned by any other member of the Industry in such a
manner as has the tendency or capacity to mislead or deceive
purchasers. In order to make this provision effective the Code Au-
thority may provide for the establishment of an agency for the
registration of surgical instruments of original and useful design.
No provision of this Section shall supersede any State or Federal
Law.
Section 6. No member of the Industry shall induce or attempt to
induce by any means, the breach of an existing contract between a
competitor and his customer or source of supply ; nor shall any such
member interfere with or obstruct the performance of such con-
tractual duties or services.
Section 7. The following additional trade practices shall apply
to the Surgical Appliance Manufacturing Division :
(a) No member of the Division shall sliip goods on consignment
except under circumstances to be defined by the Code Authority
where peculiar circumstances of the Industry require the practice
and the Code Authority shall report the same to the Administrator.
(b) No member of this Division shall require that the purchase
or lease of any goods be a prerequisite of the purchase or lease of
any other goods.
(c) No member of this Division shall accept returned merchan-
dise except for defects in manufacture, delay in delivery, errors in
shipment, reconditioning at a price previously agreed upon, or the
buyer's inability to pay for the merchandise.
69
Article VIII — MoDincATioisr
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under said Act,
Section 2. This Code, except as to provisions required by the
Act, may be modified or amended on the basis of experience or
changes in circumstances, such modifications or amendments to be
based upon application to the Administrator and such notice and
hearing as he shall specify, and to become effective on approval of
the Administrator.
Section 3. By presenting this Code, those who have assented
hereto do not thereby consent to any modification thereof except as
each shall thereto subsequently agree, or to the waiver of any of their
constitutional rights.^
Article IX — IMonopolpes
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's cost.
Article XI — Effective Date
This Code shall become effective the second Monday after its
approval by the President.
Approved Code 501.
Registry No. 1628-09.
1 Deleted — See paragraph, 2 of order approving this Code.
o
Approved Code No. 502
CODE OF FAIR COMPETITION
FOR THE
UPWARD-ACTING DOOR INDUSTRY
As Approved on August 11, 1934
ORDER
Approving Code of Fair Competition for the Upward- AcmNo
Door Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of the Code
of Fair Competition for the Upward-Acting Door Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order Iso. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respect^ with
the pertinent provisions and will promote the policy and purposes
of said Title of said Act; and do hereby order that said Code of
Fair Competition be and it is hereby approved on condition that
the Association of Manufacturers of Upward-Acting Doors shall
amend its Constitution to the satisfaction of the Administrator
within sixty days from the date hereof.
Hugh S. Johnson,
Adminhtmtor for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Aatninistrator.
Washington, D.C,
August 11, 1934.
79940° 1044-58 34 1 (71)
EEPOKT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
ITpward-Actino; Door Industry, as revised after a public hearing
conducted in Washington, D.C., on August 1, 1934, in accordance
with the provisions of Title I of the National Industrial Recovery
Act.
PROVISIONS AS TO HOURS AND V^AGES
Employees are not permitted to work more than thirty-six hours
per week or eight hours per day, except as otherwise provided. Em-
ployees are not permitted to work more than five days out of any
seven, except as otherwise provided.
Hourly limitations do not apply to traveling salesmen ; or to man-
agers, executives or supervisors who receive thirty-five dollars or
more per week. Hourly limitations do not apply to employees en-
gaged in emergency work involving breakdowns or the protection
of life or property, provided one and one-half times the normal rate
is paid for hours worked in excess of thirty-six per week or eight
per day.
To meet peak production periods, plant and factory employees are
permitted to work forty-eight hours per week during twelve weeks
in each calendar year, provided one and one-half times the normal
rate is paid for hours worked in excess of forty per week or eight
per day. Watchmen are not permitted to work more than fifty-six
hours per week.
The minimum hourly rate of pay for male employees, except office
and sales employees, shall be forty cents per hour. Female em-
ployees performing substantially the same work as male employees
shall receive the same pay as male employees. Office, ser^dce or sales
employees shall receive a minimum rate of fifteen dollars per week.
A minimum rate of pay is established, regardless of whether an
employee is compensated on a time rate, piece work, or other basis.
Compensation of employees receiving more than the minimum shall
be equitably adjusted and reported to the Code Authority but in
no event shall rates of pay be reduced. No person under sixteen
years of age shall be employed in the Industry nor any person under
eighteen years of age in hazardous occupations or those detrimental
to health.
ECONOMIC EFFECTS OF THE CODE
This is a new Industry. In 1928 there were only three firms in
this field ; there are now twenty concerns. Employment has dropped
from the high point of 1929 and 1930, when there were 3,000 em-
l^loyees, to 2,000 in 1933. Decreased volume of construction for the
past four years has been felt by this Industry, even though sales
reached a high point in 1933. Sales per company showed a very
considerable decrease.
(72)
73
Practically all the members of this Industry and its several divi-
sions accepted the President's Reemployment Agreement. This
Agre<?ment actually affected only a small increase in employment
because of decreased volume of business. Wages generally in the
Industry were above thoee prescribed by the President's Reemploy-
ment Agreement.
Under the Code some small increase in employment is expected
as a result of the thirty-six hour week. This increase will be marked
as the volume of construction increases.
It is expected that Price and Trade Practice Provisions of the
Code will go far to correct many of the disturbing elements of the
Industi-y and will react favorably to stabilization of employment.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Code, having found as herein set forth and on the basis of all
the proceedings in this matter;
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and a^icul-
tural products through increasing purchasing power, by reducing
and relieving unemplo5"ment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion of Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, the Code has been approved.
Respectfully,
Hugh S. Johnson,
Adinmistrator.
August 11, 1934.
CODE OF FAIR COMPETITION FOE THE UPWARD-
ACTING DOOR INDUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Upward-Acting Door Industry, and its provisions shall be the
standards of fair competition for such industry and shall be binding
upon every member thereof.
Article II — ^Definitions
Section 1. The term " Upward-Acting Door Industry " or " In-
dustry " as used herein is defined to mean and include the (1) fabri-
cation and/or assembly (for sale) and/or (2) distribution and/or
(3) erection or installation and/or (4) repair of industry products
by the manufacturer or distributor.
Section 2. The term " Products of this Industry " or " Products "
as used herein is defined to mean and include doors of whatever ma-
terial constructed, (including operating mechanisms and/or equip-
ment) which are fabricated and/or assembled and/or installed in
conjunction with such operating mechanism and/or equipment con-
trolling the operation and/or function of the completed installation,
and which are more specifically defined hereinafter, and such other
related branches, sub-division and/or functions as may from time to
time be included under the provisions of this code by the Adminis-
trator after such notice and hearing as he may prescribe :
(a) Single section doors moving radially upward to a horizontal
position above the opening;
(b) Multiple section doors with all sections hinged together,
lower section or sections folding upwardly to a position where all
sections are disposed horizontally above the opening;
(c) Multiple section doors with all sections hinged together acting
upwardly and rear-wardly to a horizontal position above the
opening ;
(d) Devices, appliances, operating mechanism and equipment used
in connection with above mentioned products ; and/or
(e) Operating hardware made for and used in connection with
the above mentioned products ;
Section 3. The term " member of the industry " includes but
without limitation any individual, partnership, association, corpo-
ration, or other form of enterprise engaged in the industry, either
as an employer or on his or its own behalf.
Section 4. The term " division of the industry " or " division " as
used herein shall mean one of the following branches of the industry ;
(1) Fabrication and/or assembly (for sale), (2) distribution, (3)
(74)
75
erection or installation, (4) repair of industry products; and such
other divisions as may hereafter be established.
Section 5. The Term "Association " as used herein shall mean
"Association of Manufacturers of Upward-Acting Doors." ^
Section 6. The term " member of the division " as used herein in-
cludes any member of tlie industry engaged in one of the divisions
which are hereby or may hereafter be established.
Section 7. The term " Employee " as used herein includes any
and all persons engaged in the industry, however compensated, except
a member of the industry.
Section 8. The term " Employer " as used herein includes any-
one in the Industry by whom such employee is compensated or
employed.
Section 9. The terms " President ", "Act " and "Administrator "
as used herein shall mean respectively the President of the United
States, Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
Article III — Regulation or Hours of Work
Section 1. MaximuTn Hours. — No employee shall be permitted to
work in excess of thirty-six (36) hours in any seven-day period or
eight (8) hours in any day, nor more than five (5) days in any
seven-day period, except that for six (6) weeks in^ a six (6) months
period employees may be permitted to work not in excess of eight
(8) hours per day or forty-eight (48) hours in any one (1) seven
(7) day period or six (6) days in any one (1) seven (7) day period.
At least time and one-half shall be paid for hours worked in excess
of eight (8) hours in any day or thirty -six (36) hours in any seven
(7) day period.
Section 2. Exceptions. — (a) No person employed in clerical or
office work shall be permitted to work in excess of forty (40) hours
in any week (seven (7) day period), or nine (9) hours in any day
(twenty-four (24) hour period), or five and one-half (5i^) days
in any seven (7) day period. A normal w^ork day shall consist of
eight (8) hours.
(b) Employees engaged as watchmen shall not be permitted to
work in excess of fift3^-six (56) hours or six (6) days in one (1) seven
(7) day period.
Section 3. Exemptions. — (a) The provisions of this Article in
respect to the limitations of hours shall not apply to employees en-
gaged in an executive or managerial capacity who receive not les3
than thirty-fiA^e dollars ($35.00) per week, or to traveling salesmen.
(b) The provisions of this Article in respect to the limitation of
hours shall not apply to employees engaged in emergency mainte-
nance or emergency repair work involving break-downs or pro-
tection of life or property, provided, however, that at least one and
one-half (l^/^) times the normal rate shall be paid for hours worked
in excess of the maximum hour^ herein provided by this Article.
Section 4. Eniploynient hy several Employers. — No member of
the Industry shall knowingly permit any employee to work for any
* See paragraph 2 of order approving this Code.
76
time which, when totaled with that already performed with another
employer, exceeds the maximum permitted herein.
Articue IV — Wages
Section 1. Minirnuiri Wage. — No employee shall be paid in any
pay period less than at the rate of forty cents ($0.40) per hour, ex-
cept as herein otherwise provided.
Section 2. Minmiu7}i Wage for Clerical and Office Einployees. —
No person emploj^ed in clerical or office work shall be paid in any
pay period less than at the rate of fifteen dollars ($15.00) per week.
Section 3. This Article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
f)ensated on a time rate, piecework, or other basis.
Section 4. No employee now emploj^ed at a rate in excess of the
minimum shall be discharged and reemployed or replaced by an-
other at a lower rate for the purpose of evading the provisions of
this Code.
Section 5. Handicap'ped Employees. — A person whose earning
capacity is limited because of age, physical or mental handicap, may
be employed on light work at a wage below the minimum established
by this (Jode, if the employer obtains from the state authority, desig-
nated by the United States Department of Labor, a certificate au-
thorizing such person's employment at such wages and for such hours
as shall be stated in the certificate. Such authority shall be guided
by the instructions of the United States Department of Labor in
issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by him, showing the wages paid to, and the maximum hours of work
for such employee.
Section 6. Female Employees. — Female employees performing
substantially the same work as male employees shall receive the same
rate of pay as male employees.
Section 7. Wages Above the Miniviimi. — Every employer shall
make an equitable adjustment of all wage rates above the minimum.
In no case shall hourly wage rates be reduced. No change shall be
made in piece-work rates which will reduce the hourly earnings of
piece workers. The action taken by each member of the Industry in
accordance with this provision shall be reported to the Code Au-
thority within thirty (30) days after the effective date of this Code
and to the Administrator on his request.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be em-
ployed in the IndustrJ^ No person under eighteen (18) years of age
shall be employed at operations or occupations which are hazardous
in nature or dangerous to health. The Code Authority shall submit
to the Administrator for approval within sixty (60) days after
the effective date of the Code, a list of such operations or occupa-
tions. In any State an employer shall be deemed to have complied
with this provision as to age if he shall have on file a certificate or
permit duly issued by the Authority in such State empowered to
77
issue employment or ap:e certificates or permits showing that the
employee is of the required age.
Section 2. (a) Employees shall have the right to organize and
bargain collectively, through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such represent-
atives or in self -organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
tion,
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his oAvn choosing; and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
Section 3. No employer shall reclassify employees or the duties
of occupations performed or engage in any subterfuge for the pur-
pose or with the intent or effect of defeating the provisions of the
Act or of this Code.
Section 4. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the
hours of their employment. Standards for safety and health shall
be submitted by the Code Authority to the Administrator within
three (3) months after the effective date of this Code.
Section 5. No provisions in this Code shall supersede any State
or Federal law wdiich imposes on employers more stringent require-
ments as to age of employees, w^ages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance or fire
protection, than are imposed by this Code.
Section 6. Posting. — All employers shall post and keep posted
copies of this Code in conspicuous places accessible to all employees.
Every member of the Industry shall comply with all rules and regu-
lations relative to the posting of provisions of Codes of Fair Com-
petition which may from time to time be prescribed by the
Administrator.
Section 7. Payment of Wages. — All members of the Industry
shall make payment of all wages due in lawful currency or by nego-
tiable check therefor, payable on demand. Wages shall be paid at
least as often as semi-monthly. These wages shall be exempt from
any payment for pensions, insurance or sick benefits other than those
voluntarily paid by employees or required by law. Members of the
Industry or their agents shall not accept, directly or indirectly,
rebates on such w^ages or give anything of value nor extend any
favors to any person for the purpose of influencing rates of wages
or working conditions of their employees.
The provisions of this section regarding payment of wages shall
not apply to persons employed in a managerial or executive capacity
who earn not less than thirty-five ($35.00) dollars per week, nor to
persons employed in clerical or office work. Employers shall agree
that the w^^ges for persons employed in clerical or office work shall
be paid at the end of pay periods not to exceed semi-monthly periods.
79940° 1044-58 .34 2
78
Section 8. Industnal Relations Board. — A Joint Industrial Re-
lations Board may be constituted and established, to which shall be
referred and which shall deal with all matters relating to labor
complaints, in accordance with such rules and regulations as may
from time to time be prescribed by the Administrator.
Section 9. Disniksal. — No employee shall be dismissed, demoted
or otherwise discriminated against by reason of making a complaint
or giving evidence with respect to an alleged violation of this
Code.
Article VI — Okganization, Powers and Duties of Code Authority
Section 1. Organization and C onstitution.—A Code Authority is
hereby constituted to cooperate with the Administrator in the ad-
ministration of this Code.
Section 2. The Code Authority shall consist of five (5) members
wdio are members of the fabricating and assembly division of the
Industry to bo selected as follows: Members of the Industry shall
elect the Industry members of the Code Authority by a majority vote
of the members participating in any election conducted as herein
provided. Three nominations shall be made for the election of each
Code Authority member,
(a) One member of the Code Authority shall be elected from those
members of the Industry Avho are not members of the Association
by a majority vote of the members of the fabricating and assembly
division of the Industry who are not members of the Association, and
(b) One member of the Code Authority shall be elected by the
members of the distribution and erection division of the Industry
from those members of the Industry who are membBrs of the Asso-
ciation by a majority vote of the members of the distribution and
erection division participating therein, and
(c) Three members of the Code Authority shall be elected by mem-
bers of the Industry who are members of the Association by a ma-
jority vote of the members of the Association, and
(d) Upon failure by members to elect industry members of the
Code Authority as provided in Section 2 (a) and Section 2 (b) of
this Article, then such members of the Code Authority shall be
nominated and elected by a majority vote of the members of the
Association participating therein, and
(e) The members of the industry participating and voting at the
election and the members of the Code Authority nominated from
members of the Industry shall be eligible and qualified as provided
by Section 10 1 (2) of this Article, and
(f) At no time shall the Code Authority consist of more than
one (1) member affiliated or associated with or employed by the same
member of the Industry and at no time shall the Code Authority
consist of more than one (1) member selected from members of the
industry which have a financial interest in or otherwise exercise
control over each other.
Section 3. The Association is hereby designated as the Agency to
conduct an election of the members of the Code Authority within
ten (10) days after the effective date of this Code, and the succeed-
ing annual elections of members of the Code Authority. Members
79
of the Code Authority shall be elected to serve for a term of one
(1) year or until their successors are elected at the next annual meet-
ing of the members of the industry. In the event of any vacancy in
the membership of the Code Authority, a special meeting of the
members of the division of the industry, eligible to vote as provided
in this Article VI, for an election to fill the incomplete terms of
such members shall be called by the Association. Notice of the
time and place of each election shall be sent to each member of
the division of the industry_, eligible to vote at his address on file
with the Code Authority in accordance with Article IX, Rule 13,
at least fifteen (15) days in advance of such election and voting at
such election may be by person, by proxy, or by letter ballot. Each
member of the Division of the industry eligible to vote shall have
one (1) vote at each election.
Section 4. In addition to membership as above provided, there
may be not more than three (3) members, without vote, to be ap-
pointed b}^ the Administrator to serve for such terms as he may
specif}' and who are known as administration members.
Sectiox 5. The representatives who may be appointed by the Ad-
ministrator, together with the Administrator, shall be given notice
of and may sit at all meetings of the Code Authority and its duly
appointed committees.
Section 6. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall (1) impose no inerjuitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of asso-
ciation, by-laws, regulations and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
Section 7. In order that the Code Authority shall at all times
be truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper; and thereafter, if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
Section 8. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner
to anj'one for any act of aii}^ other member, officer, agent, or em-
ployee of the Code Authority. Nor shall any member of the Code
Authority exercising reasonable diligence in the conduct of his
duties hereunder, be liable to anyone for any action or omission to
act under the Code, except for his own wilful malfeasance or non-
feasance.
Section 9. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
80
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to ])rocecd with such action in its original or modified form.
Section 10. Foicers and Duties. — Subject to such rules and regu-
lations as may be prescribed by the Administrator the Code Author-
ity shall have the following further powers and duties, in addition
to those authorized by other provisions of this Code :
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
the Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for administrating and facilitating the enforcement of the Code.
(c) To obtain from members of the Industry such information and
reports as are required for the administration of the Code and to
provide for submission b}'' members of such information and reports
as the Administrator may deem necessary for the purposes recited
in Section 3 (a) of the Act to such Federal and State agencies as
he may designate; provided that nothing in this Code shall relieve
any member of the Industry of any existing obligations to furnish
reports to any government agency. No individual reports shall be
disclosed to any other member of the industry or any other party
except to such governmental agencies as may be directed by the
Administrator.
(d) To appoint such agencies or committees as it deems proper for
the Administration of the Code in each regional division or sub-
division as designated subsequently, and to delegate to said agencies
all necessary power and authority for the administration of this
Code within the regional divisions or sub-divisions, but shall reserve
and retain the power to administer the provisions of this Code, and
shall be responsible for all actions taken by its appointed committees.
(e) It may, on the basis of experience, with the approval of the
Administrator, change the regional divisions to better effectuate the
administration of this Code.
(f) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(g) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to this industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Code, any Division, or under any
other code to the end that such fair trade practices may be proposed
to the Administrator as amendments to this Code, any Division, or
any other codes.
(h) To provide for the study of further trade practice provisions
and measures for industrial control and stabilization of employment
and to recommend to the Administrator any changes and/or modi-
fications of the Code or any Division thereof M'hich shall become
effective as part hereof u})on approval by the Administrator after
such notice and hearing as he may prescribe.
(i) To ])rovide for the study of minimum standards, grades, quali-
ties, workmanship, specifications and for the study of the distribution
and installation of products of this Industry.
81
(j) The Code Authority shall cause to be formulated methods of
cost findin*^ and accounting capable of use by all members of the
industry, and shall submit a summary of such methods to the Admin-
istrator for review. If approved by the Administrator, full infor-
mation concerning such methods shall be made available to all
members of the industry. Thereafter, each member of the industry
shall utilize such methods to the extent found practicable. Nothing
herein contained shall be construed to permit the Code Authority,
any agent thereof, or any member of the industry to suggest uniform
additions, percentages or differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
prices.
(k) To cooperate with the Joint Industrial Relations Board (pro-
vided under Article V of this Code), the Administrator and such
other agencies as he may designate in respect to the administration
of this Code.
(1) 1. It being found necessary in order to support the adminis-
tration of this code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry; and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the xidministrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(3) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the Ad-
ministrator and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
82
Article VII — Open Price
Section 1. Each member of the Industry shall file with a confiden-
tial and disinterested agent of the Code Authority or, if none, then
with such an agent designated by the Administrator, identified lists
of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to
as " price terms ", which lists shall completely and accurately con-
form to and represent the individual pricing practices of said mem-
ber. Such lists shall contain the price terms of all such standard
products of the Industry as are sold or offered for sale by said
niember and for such non-standard products of said member as shall
be designated by the Code Authority. Said price terms shall in the
fi-rst instance be filed within thirty (30) days after the date of ap-
proval of this provision. Price terms and revised price terms shall
become effective immediately upon receipt thereof by said agent.
Immediately upon receipt thereof, said agent shall by telegraph or
other equally prompt means notify said member of tlie time of such
receipt. Such lists and revisions, together with the effective time
thereof, shall upon receipt be immediately and simultaneously dis-
tributed to all members of the Industry and to all of their cus-
tomers who have applied therefor and have offered to defray the
cost actually incurred by the Code Authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agent. Said lists or revisions
or any part thereof shall not be made available to any person until
releasee! to all members of the Industry and their customers, as
aforesaid ; provided, that prices filed in the first instance shall not
be released until the expiration of the aforesaid thirty (30) day
period after the approval of this Code. The Code Authority shall
maintain a permanent file of all price terms filed as herein provided,
and shall not destroy any part of such records except upon written
consent of the Administrator. Upon request the Code Authority
shall furnish to the Administrator or any duly designated agent
of the Administrator copies of any such lists or revisions of price
terms.
Section 2. "When any member of the Industry has filed any re-
vision, such member shall not file a higher price within forty-eight
(48) hours.
Section 3. No member of the Industry shall sell or offer to sell
any products/services of the Industry, for which price terms have
been filed pursuant to the provisions of this article, except in accord-
ance with such price terms.
Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the Indus-
try to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free and
open market which it is the j)iirpose of this Article to create.
Article VIII — Cost and Price Cutting
Section 1. The standards of fair competition for the Industry
with reference to pricing practices are declared to be as follows : —
83
(a) Wilfully destructive price cutting is an unfair method of com-
petition and is forbidden. Any member of the industry or of any
other industry or the customers of either may at any time complain
to the Code Authority that any filed price constitutes unfair compe-
tition as destructive price cutting, imperiling small enterprise or
tending toward monopol}^ or the impairment of code wages and
working conditions. The Code Authority shall within five (5) days
afford an opportunity to the member filing the price to answer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N.K.A. who shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of section 2
hereof, is forbidden.
Section 2. Emergency Provisions. — (a) If the Administrator,
after investigation shall at any time find both (1) that an emergency
has arisen within the Industry adversely affecting small enterprises
or wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum price for a speci-
fied product within the Industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectu-
ate the purposes of the Act, the Code Authority may cause an im-
partial agency to investigate costs and to recommend to the Admin-
istrator a determination of the stated minimum price of the product
affected by the emergency and thereupon the Administrator may pro-
ceed to determine such stated minimum price.
(b) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industrial
Recovery Act, he shall publish such price. Thereafter, during such
stated period, no member of the Industry shall sell such specified
products at a net realized price below said stated minimum price and
any such sale shall be deemed destructive price cutting. From time
to time, the Code Authority may recommend review or reconsider-
ation or the Administrator may cause any determinations hereunder
to be reviewed or reconsidered and appropriate action taken.
Article IX — Trade Practice Ruies
General Definition. — For all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices. Any member
of the Industry who shall directly or indirectly, through any ojQficer,
employee, agent, or representative, knowingly use, employ, or permit
to be employed, any of such unfair practices shall be guilty of viola-
tion of the Code.
84
Rule 1. Misleading Advertising. — No member of the Industry
shall use or publish advertising (whether printed, radio, display, or
of any other nature) which is misleading or inaccurate in 2ii\y mate-
rial particular, nor shall any member in any way misrepresent any
goods (including, but without limitation, its use, trade mark, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material, content, or preparation) or credit terms, values, policies,
services, or the nature or form of the business conducted.
Rule 2. Disparagevierit of CoTiipetitoTS. — No member of the In-
dustr^^ shall make false or disparaging statements with respect to a
competitor's business, methods, practices, or products.
Rule 3. Threats of Legal Proceedings. — No member of the In-
dustry shall publish or circulate unjustified or unwarranted threats
of legal proceedings which tend to or have the effect of harassing
competitors or intimidating their customers. Failure to prosecute
in due course shall be evidence that any such threat is unwarranted
or unjustified.
Rule 4. Secret Rebates. — No member of the Industry shall secretly
offer or make any payment or allowance or a rebate, refund, commis-
sion, credit, unearned discount, or excess allowance, whether in the
form of money or otherwise, nor shall a member of the Industry
secretly offer or extend to any customer any special service or privi-
lege not extended to all customers of the same class for the purpose
of influencing a sale.
Rule 5. Gommercidl Bribery. — No member of the Industry shall
give, permit to be given, or directly offer to give anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such emploj^ee, the principal of such agent, or
the represented partj'^, without the knowledge of such employer, prin-
cipal or party. This provision shall not be construed to prohibit
free and general distribution of articles commonly used for advertis-
ing except so far as such articles are actually used for commercial
bribery as hereinabove defined.
Rule 6. Inducing Breach of Contract. — No member of the Indus-
try shall attempt to induce the breach of an existing contract between
a competitor and his customer, or source of supply; nor shall any
such member interfere with or obstruct the performance of such con-
tractual duties or servfces.
Rule 7. Substitution of Parts. — No member of the Industry shall,
directly or indirectlj^^, substitute his own or different parts in the
repair or alteration of a competitor's product or parts thereof with-
out the express authority of the owner.
Rule 8. Trade Mark Removal. — No member of the Industry shall,
directly or indirectly, remove or destroy any trade mark or other
identification of any product or part of a product of the Industry
supplied by a competitor with the intent or effect of deceiving a pur-
chaser or a prospective purcliaser.
Rule 9. C ombination Quotations. — No member of the Industry
shall combine quotations or contracts for any product of this Indus-
try with any quotation or contract for any other material, labor, or
service, ior the purpose and with the intent of concealing the true
selling price of the product of this Industry.
85
Rule 10. Oral Quotations. — No member of the Industry shall
make oral quotations without confirming them in writing.
Rule 11. Terms of Sale. — No member of the Industry shall allow
more favorable terms of payment for products sold f.o.b. member's
factory or delivered to destination than "Net Cash thirty (30) days
from date of shipment ". The terms of payment of products sold
erected shall not be more favorable than to provide that " eighty-five
(85) per cent of the proportionate value of the work done shall be
due monthly. The final payment shall be due and payable thirty
(30) days after completion of the contract ". Nothing herein con-
tained shall prevent the selling of products of the Industry on an
installment plan, providing that interest on deferred payments is
charged at the rate of six (6) per cent per annum, or the legal rate
of interest, whichever is lower.
Rule 12. Replacenwrit of Matenal. — No member of the Industry
shall replace material without making a charge therefor, said charges
to conform with filed prices, except in the case of material found to
be defective within a period of one (1) year after installation.
Rule 13. Distributor and Sales Lists. — Each member of the In-
dustry shall file w^ith the Code Authority a list of his distributors
and/or sales representatives, which list shall be available to the other
members. Such list shall at all times be kept up to date by notifying
the secretary of any changes, within ten (10) days after being made.
Rule 14. Changed Contract Dates. — No member of the Industry
shall post-date or pre-date any contract, invoice, quotation or receipt.
Rule 15. Contingent Quotations. — No member of the Industry
shall make the acceptance of any separately-priced non-industry
material in a quotation for industry products or make another quo-
tation for a non-industry material contingent upon the acceptance
of a quotation for industry products, where the purpose or effect
thereof is to secure to a buyer a special price.
Article X — Appeals
Sectiox 1. Any interested party shall have the right to appeal to
the Administrator, under such rules and regulations as he may pre-
scribe, in respect to any decision, rule, regulation, order, or finding
made by tlie Code Authority.
Article XI — Modifications
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of sub-section (b) of Section 10 of the National In-
dustrial Recovery Act, from time to time to cancel or modify any
order, approval, license, rule or regulation issued under Title I of
said Act and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any con-
ditions imposed by him upon his approval thereof.
Section 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to be-
come effective on approval of the President.
86
Article XII — Monopolies
Section 1. No provision of this Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.
Article XIII
Section 1. Members of the Industry shall conform to the appli-
cable provisions of such appropriate code or codes of the construc-
tion industry respecting the installation and/or repair of the prod-
ucts of this Industr3\
Article XIV — Effecti^te Date
This Code shall become effective .on the second Monday after its
approval by the President.
Approved Gode No. 502.
Registry No. 1139-04.
O
Approved Code No. 503
CODE OF FAIR COMPETITION
FOR THE
PRETZEL INDUSTRY
As Approved on August 11, 1934
ORDER
Code of Fair Competition for the Pretzel Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Pretzel Industry, and hearings having been
duly held thereon and the annexed report on said Code, containing
findings with respect thereto, having been made and directed to the
President :
NOAV, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Order of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved, subject to the
following conditions :
That the Code Authority shall within sixty (60) days after the
effective date of the Code investigate and report to me regarding
the operation and effect of Sections 2 and 4 of Article IV and such
provisions shall be subject to such modifications as I may find neces-
sary in the light of the facts presented to me, in order to effectuate
the purposes of the Act.
HuCxH S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Armin W. Riley,
Division Administrator.
Washington, D.C,
August 11, 193 If.
79941° 1044-59 34 ^1 (§7)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Hearing of the Code of Fair Com-
petition for the Pretzel Industry.
This hearing was held in the Ambassador Hotel, Washington,
D.C., on February 20, 1934, under the jurisdiction of the National
Recovery Administration.
GENERAL
The Pretzel Industry includes about 150 manufacturers which
taken together total less than 1% (0.54%) of the value of all bakery
products. The product is not a necessity, but is classed as an inex-
])ensive semi-luxury, and does not replace any other food. The
Pretzel Industry grew up from a family enterprise with low wages,
long hours, and no problem of unemployment even during the de-
pression. It is difficult to forecast the spread of employment. If
the vohime of business is maintained as of June, 1933, there would
be an increase of about 487 employees, or 12.9%. Wages have been
very low in this Industry. Under the present code about 50% of
the employees will benefit ; in the case of women alone approximately
84% will receive increased wages. The average increase in the
hourly rate for these employees will be about 36% and in weekly
wages about 14.3%. The resulting additional volume of wages are
estimated at $369,594.00 or about 12.9% of an estimated total volume,
in June, 1933, of $2,861,200.68. The increase in the volume of wage
payments resulting from the spread of emplovment is estimated at
$358,283.00, or about 12.5%, of an estimated total volume in 1933 of
$2,861,200.68. The additional volume of wages from both increased
wages and spreading of employment is estimated at $727,877.00, or
about 25.4%. The Industry claims 5,000 employees, but a later
estimate would place employment at about 4,000.
There are two methods of manufacture, the small units which
twist the pretzel by hand and the larger mechanized units cutting
pretzels by machinery.
The Pretzel Industry claims, because of increased cost of brrsic
materials, which includes a processing tax on flour of $1.38 per
barrel, and certain restrictions and prohibition of the free distri-
bution of food, any material increase in overhead at this time will be
a serious menace, possibly putting the small manufacturer out of
business.
The National Pretzel Manufacturers' Association sponsor of this
Code, is a trade association, truly representative of the Industry,
and imposes no inequitable restrictions on membership.
(88)
89
HOUR AND WAGE PROVISIONS
The Code of the Pretzel Industry proposes a maximum work week
of 40 hours with a limitation of 8 hours per day and 6 days in any 7
day period. There are the usual exemptions, complete or partial, in
the case of executive, managerial, and solicitors. Delivery salesmen
are exempted from hours if paid a salarv of $22.00 per week aver-
aged over a four weeks' period. Truck drivers may work 48 hours
per week and watchmen may work 56 hours per week. In case of
peak periods not to aggregate more than 10 Aveeks in any one year
emploj^ees may be permitted to work 48 hours per week. In case of
emergency repair or maintenance work employees may work un-
limited hours, provided they are paid at least one and one-third for
overtime. The minimum wages are set at 400 per hour for machine
operators and oven men, 321/0^ per hour for all other male employees,
and 300 per hour for female employees. Inexperienced twisters may
be paid 831/^ of the minimum rate provided for females, not to ex-
ceed 10% of total employed for this type of work and not to exceed
160 Avorking hours. Office employees are under a minimum of
population, starting at $16.00 per week for cities of over 500,000
population.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
" I find that :
"(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free floAV of interstate and foreign
commerce which t-end to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate gOA'ernmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity oi industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), and by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieAdng unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
"(b) Said Industry normally employs not more than 50,000 em-
ployees ; and is not classified by me as a major industry.
"(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the National Pretzel
Manufacturers' Association is an industrial association truly repre-
sentati\^e of the aforesaid Industry; and that said association im-
poses no inequitable restrictions on admission to membership therein.
"(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
90
"(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
"(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code."
For the above reasons, this Code has been approved.
Respectfully,
HiTGH S. Johnson,
A dministrator.
August 11, 1934.
CODE OF FAIR COMPETITION FOR THE PRETZEL
INDUSTRY
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the provisions of this Code are established as a Code
of Fair Competition for the Pretzel Industry and shall be the stand-
ards of fair competition for such industry and sliall be binding upon
every member thereof.
Article II — Definitions
Section 1. President. — The term " President " as used herein
means the President of the United States.
Section 2. Act and Adinimstrator. — The terms "Act" and "Ad-
ministrator " as used herein mean, respectively, Title I of the Na-
tional Industrial Recovery Act and the Administrator for Industrial
Recovery.
Section 3. Industin/. — The term " Industry " as used herein means
the manufacture and/or sale at wholesale of pretzels and/or products
made from pretzel dough, (but not including wholesalers of pretzels
and/or products made from pretzel dough other than an independent
distributor as defined in Section 14 of Article II hereof) and such
related branches or subdivisions as may from time to time be in-
cluded under the provisions of this Code by the President after such
notice and hearing as he may prescribe.
Section 4. Me-mber of the Industry. — The term " Member of the
Industry " includes, but without limitation, any individual, partner-
ship, association, corporation, or other form of enterprise, engaged
in the Industry, either as an employer or on his or its own behalf.
Section 5. Em'ployee. — The term " Employee " as used herein
means any and all persons engaged in the Industry, however compen-
sated, except a member of the Industry.
Section 6. Employer. — The term " Employer " as used herein
means any person by whom any such employee is compensated or
employed.
Section 7. Soli-citor. — The term " Solicitor " as used herein means
any employee whose principal duties are to solicit accounts and/or
make adjustments.
Section 8. Outside Delivery Salesmen. — The term " Outside De-
livery Salesmen " as used herein means only employees whose prin-
cipal duties are selling and delivering merchandise sold by them.
Section 9. Watchman. — The term " Watchman " as used herein
means an employee whose primary function is guarding the premises
of the establishment of a member of the Industry.
Section 10. Oven Men. — The term " Oven Men " means only those
employees whose principal function is attending the operation of
baking in baking ovens.
(91)
92
Section 11. Trade Buyer. — The term " Trade Buyer " means and
includes any commercial buyer as distinguished from an ultimate
consumer buyer.
Section 12. Population. — Population for the purpose of this Code
shall be determined by reference to the latest Federal Census.
Section 13. Pretzel Code Authority. — The term "Pretzel Code
Authority " as used herein means the Code Authority provided for
in Article VII of this Code.
Section 14. Independent Distributor. — The term " Independent
Distributor " as usecl herein shall mean any person commonly known
in the Industry as a " bobtailer " who bm^s pretzels and/or products
made from pretzel dough from other members of the Industry for
the purpose of resale and delivery from privately owned or hired
vehicles to the wholesale or retail trade or to the consumer.
Article III — Hours
Section 1. Basic Hoivrs. — No employee shall be permitted to work
in excess of forty (40) hours in any week or eight (8) hours in any
day, with the following exceptions :
(a) Provisions of this Section shall not apply to executive, tech-
nical or managerial employees or solicitors, provided that they
regularly receive not less than thirty-five dollars ($35.00) weekly.
(b) Provisions of this Section shall not apply to outside delivery
salesmen, provided that they regularly receive not less than twenty-
two dollars ($22.00) per week averaged over a four-week period.
(c) Provisions of this Section shall not apply to watchmen, pro-
vided tlmt no watchman shall be permitted to work more than fifty-
six (56) hours in any week.
(d) Provisions of this Section shall not apply to truck drivers,
provided that no truck driver shall be permitted to w^ork more than
forty-eight (48) hours in any week and provided further that no
truck driver shall be permitted to work longer than eight (8) hours
in any one shift and there shall be rest periods of at least eight
(8) hours between shifts. Whenever a truck driver is required in
the course of his employment to be away overnight from his cus-
tomary habitation, he shall be reimbursed for his reasonable expendi-
tures for food ancl lodging.
(e) In case of peak production during an aggregate of not more
than ten (10) weeks in any one year, said year to commence on the
eti'ective date of this Code, employees may be permitted to w^ork
not to exceed forty-eight (48) hours in any one week.
(f ) In case of emergency repair or emergency maintenance work
involving break-downs or protection of life and property, employees
immediately necessary thereto may be permitted to work in excess
of the prescribed maximum working hours, provided that such
employees shall be compensated for such overtime by at least one
and one-third times the normal rate of i:)ay.
Section 2, Monthly Reports of Excess Hours. — Reports shall be
made monthly to the Code Authority of employees working in excess
of the maximum hours per week as permitted in Section 1, Subsec-
tions (e) and (f) hereof and of the number of hours so worked by
the employees.
93
Section 3. Maxvmwni Nwriber of Days. — No employee shall bo
permitted to work more than six (6) days in any seven (7) day
period ; except those employees as specified in Section 1 (a) Article
III may work on the seventh (7) day.
Section 4. Ein-ployment hy Several Employers. — No employer
shall knowingly permit any employee to work for any time, which,
when totaled with that already performed with another employer
or emplo3^ers, exceeds the maximum hours j)ermitted herein.
Article IV ^ — AYages
Section 1. 0-ffice Employees. — No clerical, accounting^ or office
employee shall be paid less than at the rate of sixteen dollars
($16.00) weekly in cities of over 500,000 population or in the im-
mediate trade area thereof ; or less than fifteen dollars ($15.00)
weekly in cities of between 250,000 and 500.000 population, or in
the immediate trade area thereof; or less than fourteen dollars
($14.00) weekly in other places; except that messengers and office
boys may be paid at a rate of not less than two clollars ($2.00)
weekly below the above minima, provided, however, that where
more than one employee is classified and compensated as a mes-
senger or office boy, not more than five per cent (5%) of the total
number of office employees shall be so classified or compensated.
Section 2. Application of the Minimimi. — No male employee,
other than those covered in Sections 1, 3 and 5, shall be paid at
a rate of less than thirty -two and one-half cents (32^0) per hour;
and no female employee other than those covered in Sections 1 and
3, shall be paid at a rate less than thirty cents (300) per hour.
Section 3. Inexperienced Twisters. — Inexperienced twisters (with-
out previous experience) shall be paid at a rate of not less than
eightj'-three and one-third per cent (831/3%) of the minimum rate
provided in Section 2 of this Article, provided that inexperienced
twisters shall not be continued at said rate for a period longer than
one hundred and sixty (160) working hours, ancl provided further
that the total number of inexperienced twisters emplo^-ed at any
one time in any establishment and paid less than the minimum pro-
vided in Section 2 of this Article, shall not exceed ten per cent
(10%) of the total number of twisters then employed in said estab-
lishment, except that each establishment may have at least one (1)
inexperienced twister.
Section 4. Machine and Oven Operators. — Machine operators and
oven men ghall be paid at a rate of not less than forty cents (400)
per hour.
Section 5. Watchmen. — Watchmen shall be paid at a rat-e of not
less than eighteen dollars ($18.00) weekly.
Section 6. Legal Holidays. — Employees, (excepting executive,
technical, or managerial employees, or solicitors, who regularly re-
ceive not less than thirty-five dollars ($35.00) per week, and
watchmen), when working on national legal holidays shall be com-
pensated at a rate of at least one and one-third times the normal
rate. " National Legal Holidaj^s " .shall mean New Year's Day,
George Washington's Birthday, Independence Day, Labor Day,
* See paragraph 2 of order approving this Code.
k
94
Thanksgiving Day and Christmas Day, and such other holidays as
may be i^roclaimed by the President.
Section 7. Work Pei^forTned hy Feiiiale and Male Employees. —
Female employees performing substantially the same work as male
employees shall be paid at the same rate of pay as male employees;
Ijrovided, that, when male employees perform work customarily done
by female employees only during hours when female labor is pro-
hibited by applicable law, it shall not be required that female em-
ployees doing such work at other times be paid at the same rate as
such male emjDloyees.
Section 8. Deductions. — ^^Vages of employees shall be exempt from
any fines; and from charges or deductions except charges or deduc-
tions for employees' voluntary contributions for pension, insurance
or benefit funds, and charges or deductions required by mandatory
provisions of law; and contracts of hire shall provide that the em-
ployer shall not withhold wages except ujDon service of legal process
lawfully requiring such withholding. Deductions for other purposes
not heretofore stated may be made only when so authorized by the
employee in writing, Avhich authorization shall be kept on file by the
employer for six (U) months after its expiration and shall be open
to the inspection of the Administrator or his representative.
Section 9. Payment of Wages and Salaries. — Employers shall
make payment of all wages due in lawful currency, or negotiable
checks pa3'able on demand. Contracts of hire shall provide that
wages shall be paid at least as often as bi-weekly and salaries at
least as often as monthW.
Section 10. Wages ahove Miiiiinum. — No employee whose normal
full-time weekly hours averaged over the eight (8) weeks ending
June 30, 1933, are as a result of the adoption of this code reduced by
sixteen and two-thirds per cent (16%%) or less shall have his or her
full-time weekly earnings reduced; and any emploj^ee whose said
normal full-time weekly hours are so reduced by more than sixteen
and two-thirds percent (16%%) shall have his or her hourly rate of
pay increased by at least twenty per cent (20%). In no case shall
hourly rates of pay be reduced.
AVhere necessary to maintain fair differentials between employees,
hourly wage rates above the minimum shall be further equitably
adjusted uj:) wards.
Section 11. Time Rate oi' Piece Work. — This Article establishes
mininunu rates of pay which shall apply irrespective of whether an
employee is actually compensated on a time rate, piece work, or other
basis.
Article V — General Labor Provisions
Section 1. Child Lahor. — No person under sixteen (16) years of
age shall be employed in the Industry. No person under eighteen
(18) years of age shall be employed at operations or occupations
hazardous in nature, or detrimental to health. The Code Authority
for the Industry shall submit to the Administrator before the ex-
piration of ninety (90) days after the efl'ective date of this Code, a
list of such operations or occupations. In an}'' jurisdiction an em-
ployer shall be deemed to have complied with this provision if he
shall have on file a certificate or permit duly issued by the authority
95
empowered to issue employment or age certificates or permits, show-
ing that the employee is of the required age.
(a) Mandatory Provisions. — Employees shall have the right to
organize and bargain collectively through representatives of their
own choosing, and shall be free from the interference, restraint, or
coercion of employers of labor, or their agents, in the designation
of such representatives or in self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Section 2. State Laws. — No provision in this Code shall super-
sede any State or Federal law which imposes on employers more
stringent requirements as to age of employees, wages, hours of work,
or health, sanitary, or general working conditions, or insurance, or
fire protection, than are imposed by this Code.
Section 3. Standards of Health and Safety. — Every employer
shall provide for the safety and health of his employees during the
hours and at the places of their employment. Standards for safety
and health shall be submitted by the Code Authority to the Admin-
istrator for approval within two (2) months after the effective date
of this Code.
Section 4. Postvng. — Each member of the Industry shall post com-
plete copies of the portions of this Code relating to wages, hours,
and general labor conditions in conspicuous places, accessible to em-
ployees ; and shall comply with all rules and regulations as to posting
which may be prescribed from time to time by the Administrator.
Section 5. Reclassi'fication of Employees. — No employer shall
reclassify employees, or reclassify ih^ duties or occupations per-
formed by them, or change the method of compensation of em-
ployees, or engage in any subterfuge which tends to or will defeat
the purpose or provisions of the Act or of this Code.
Section 6. Employment of Relatives. — Any person working in
the Industry for a member of the Industry, other than the wife or
husband of said member, shall be considered an " employee " as
herein defined. Partners and stockholders of members of the In-
dustry and others having proprietary interests in members of the
Industry shall not, if employed thereby, be exempt from the hours,
wage, and general labor provisions of this Code.
Article VI — Unfair Trade Practices
Section 1. False Advertising. — No member of the Industry shall
publish advertising (whether printed, radio, display, or any other
natirre) which is misleading or inaccurate in any material particu-
lar, nor shall any member in any way misrepresent any goods (in-
cluding, but without limitation, its use, trademark, grade, quality,
quantity, origin, size, substance, character, nature, finish, material,
96
content, or preparation) or credit terms, values, policies, services,
or the nature or form of the business conducted.
Section 2. False Marking or Branding. — No member of the In-
dustry shall brand or mark or pack any goods in any manner which
is intended to or does deceive or mislead purchasers with respect to
the brand, grade, quality, quantity, origin, size, substance, character,
nature, finish, material content, or preparation of such goods.
Section 3. Samples. — No member of the Industry shall give free
samples except when packed in bags or boxes plainly marked " Free
Samples not to be Sold."
Section 4. Independent Distributors. — No member of the Industry
shall sell pretzels and/or products made from pretzel dough to an
independent distributor or other member of the Industry, if such
distributor or other member of the Industry, to the knowledge of
the seller, is not complying with the provisions of this Code. Every
member so refusing to sell shall forthwith notify the Code Authority
of the refusal, and of all facts necessary to a complete understanding
thereof.
Section 5. Selling on Consignment. — No member of the Industry
shall ship goods on consignment except where circumstances of the
Industry require the practice under methods to be prescribed by the
Code Authority subject to the approval of the Administrator.
Section G. Piching up Containers and Covers. — No member of the
Industry shall appropriate containers and/or covers of other mem-
bers of the Industry.
Section T. Furnishing Containers and Covers. — No member of the
Industry shall furnish returnable metal pretzel containers and/or
display covers without requiring a uniform deposit of at least
twenty-five (25) cents on each, from each buyer to whom such metal
pretzel containers and/or display covers are furnished. In all cases
where a deposit is paid it shall be agreed that the same be refunded
to the buyer making said deposit upon the return of the container
and/or display cover in substantially good condition.
Section 8. Selling Below Reasonable Cost during Emergency. —
When the Code Authority determines that an emergency exists in
this Industry and that the cause thereof is destructive price-cutting
such as to render ineffective or seriously endanger the maintenance of
the provisions of this Code, the Code Authority may cause to be
determined the lowest reasonable cost of the products of this Indus-
try, such determination to be subject to such notice and hearing as
the Administrator may require. The Administrator may approve,
disapprove, or modify the determination. Thereafter, during the
period of the emergency, it shall be an unfair trade practice for any
member of the Industry to sell or offer to sell anj^ products of the
Industry for which the lowest reasonable cost has been determined
at such prices or upon such terms or conditions of sale that the buyer
will pay less therefor than the lowest reasonable cost of such
products.
When it appears that conditions have changed, the Code Au-
thority, upon its own initiative or upon the request of any interested
party shall cause the determination to be reviewed.
Section 9. Secret Rehatcs, Discounts., Etc. — No member of the
Industry shall secretly offer or make any payment or allowance of
97
a rebate, refund, commission, credit, unearned discount or allowance,
■'vhether in the form of money or otherwise.
Section 10. Coordination with Other Codes. — The Industry, recog-
nizing the value of uniform basic trade practice provisions for all
food and grocerj^ manufacturing Codes, pledges cooperation in secur-
ing the amendment of any trade practice provisions in this Code
which may be in conflict with trade practice provisions approved by
the President for the entire food and grocery manufacturing
Industry.
Section 11. Commercial Brihery. — No member of the Industry
shall give, permit to be given, or directly offer to give, anything
of value for the purpose of influencing or rewarding the action of
any employee, agent or representative of another in relation to the
business of the employer of such employee, the principal of such
agent or the represented party, without the Imowledge of such
employer, principal or party. This Section shall not be construed
to prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
commercial bribery as herein defined.
Article VII — Administration
Section 1. A Pretzel Code Authority, consisting of seven (7)
members, shall be selected forthwith from the members of the Indus-
try for the purpose of administering, supervising, and promoting
the operation of the provisions of this Code.
The members thereof shall be selected as follows: five (5) mem-
bers shall be elected by the members of the National Pretzel Manu-
facturers Association and two (2) members shall be elected by and
be a member of the Industry who is not a member of the National
Pretzel Manufacturers Association to represent the members of the
Industry that are not members of the said Association.
The members of the Pretzel Code Authority shall hold office for
a period of one year, or until their successors are elected and qualified.
In the event of a vacancy caused by death or resignation of a member,
the vacancy shall be filled in the same manner as the original member
was selected.
Section 2. In addition to membership as above provided, there
may be one (1) to three (3) members, without vote, to be appointed
by the Administrator, to serve for such time as he may designate,
without expense to the Industry.
Section 3. In order that the Pretzel Code Authority shall at all
times be truly representative of the Industry and in other respects
comply with the provisions of the Act, the Administrator may pre-
scribe such hearings as he may deem proper; and thereafter if he
shall find that the Pretzel Code Authority is not truly representa-
tive or does not in other respects comply with the provisions of the
Act, ma}^ require an appropriate modification in the method of selec-
tion of the Pretzel Code Authority.
Section 4. Nothing contained in this Code shall constitute the
members of the Pretzel Code Authority partners for any purpose.
Nor shall any member of the Pretzel Code Authority be liable in
any manner to anyone for any act of any other member, officer,
98
agent or employee of the Pretzel Code Authority. Nor shall any
member of the Pretzel Code Authority, exercising reasonable dili-
gence in the conduct of his duties hereunder, be liable to anyone for
any action or omission to act under this Code, except for his own
wilful malfeasance or non-feasance.
Section 5. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Pretzel Code
Authority shall (1) impose no inequitable restrictions on member-
ship, and (2) submit to the Administrator true copies of its articles
of Association, by-laws, regulations, and any amendments when
made thereto, together with such other information as to member-
ship, organization and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
Section 6. The Pretzel Code Authority shall have the following
further powers and duties, subject to rules and regulations issued by
the Administrator.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Industry with the provisions of the
Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration of the Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry shall furnish such statistical infor-
mation as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, to such Federal and State agen-
cies as he may designate; provided, that nothing in this Code shall
relieve any member of the Industry of any existing obligation to
furnish reports to any Government agency. No individual reports
shall be disclosed to any other member of the Industry or any other
party except to such governmental agencies as may be directed by
the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities proA'ided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agents or agencies shall at all times be subject to
and comply with the provisions hereof.
(e) To make recommendations to the Administrator for the coor-
dination of the administration of this Code and such other codes, if
any, as may be related to or affect members of the Industr3^
(f) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
99
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such contribution, shall
be entitled to participate in the selection of members of the Cod©
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
(g) The Code Authority shall maintain accurate book records
of all receipts, disbursements, assets and liabilities, which shall be
open at all times during the usual hours of business, to the inspec-
tion of the Administrator or his duly authorized agent.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabili-
zation of employment.
(i) To appoint a trade practice committee which shall meet and
confer with like committees to be appointed by Code Authorities
of codes of related industries with a view to formulating fair trade
practices to govern the relationship between production and distri-
bution employers of such industries to the end that such fair trade
practices may be proposed to the Administrator as amendments to
this Code and to such other codes of related trades/industries.
Section 7. To cause to be formulated an accounting system and
methods of cost finding and/or estimating capable of use by all
members of the Industry. After such system and methods have been
formulated full details concerning them shall be mailed to all
members of the Industry. Thereafter all members of the Industry
shall determine and/or estimate costs in accordance with the
principles of such methods.
SEcnoN 8. To recommend to the Administrator amendments or
modifications to this Code, which upon approval by the Adminis-
trator after such notice and hearing as he shall prescribe, shall be-
come a part of this Code.
Section 9. If the Administrator shall determine that any action
of the Pretzel Code Authority or any agency thereof is unfair or
100
unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further considera-
tion by such Code Authority or Agency pending final action, which
shall not be effective unless the Administrator approves or unless
he shall fail to disapprove after thirty (30) days' notice to him
of intention to proceed with such action in its original or modified
form.
Article VIII — IMiscellaneous Provisions
Section 1. Modification. —
(a) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of Section 10 (b) of the Act, to cancel or modify from
time to time any order, approval, license, rule or regulation issued
under Title I of the Act, and specifically but without limitation
to the right of the President to cancel or modify his approval
of any provision of this Code or any condition imposed by him
upon his approval thereof.
(b) This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Administra-
tor and such notice and hearing as he shall specify, and to be-
come effective on approval of the Administrator.
(c) The Administrator, or the Pretzel Code Authority with the
approval of the Administrator, may issue such interpretations of
tliis Code as may be necessary for the effectuation or clarification
of its purposes. ' '
Section 2. Monopolies. — The provisions of this Code shall not be
interpreted or applied so as to permit monopolies or monopolistic
practices or to eliminate or oppress small enterprises or to dis-
criminate against them.
Section 3. Subterfuge. — No member of the Industry shall use
any subterfuge to frustrate the spirit and intent of this Code, which
is, among other things, to increase employment by universal cove-
nant, to remove obstructions to commerce, to shorten hours of work,
and to raise wages to a living basis.
Section 4. Effective Date. — This Code shall become effective on
the third Monday after it shall have been approved.
Approved Code No. 503.
Registry No. 101-29.
o
Approved Code No. 504
CODE OF FAIR COMPETITION
FOR THE
ANIMAL GLUE INDUSTRY
As Approved on August 23, 1934
ORDER
Approving Code of Fair CoMPEiTnoN for jiir Animal Glue
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 10, 1933, for approval of a Code of
Fair Competition for the Animal Glue Industry, and hearing having
been duly held thereon and the annexed report on said Code, con-
taining findings witli respect thereto, having been made and directed
to the President i
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
80, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved: provided, how-
ever, that the provisions of Article III, Sections 1, 2 (e), (f) and
(g) shall remain in force and effect for a period of sixty days be-
ginning with the effective date of this Code and at the termination
of said period shall be superseded respectively by the following
provisions, unless on or before the termination of such sixty day
period, the Code Authority shall amend, or modify the present
Sections 1, 2 (e), (f) and (g), or justify the continuation of the
same, whereupon, said provisions in their present form or as amended
or modified shall become effective upon my approval:
1. No employee shall be permitted to work in excess of forty (40)
hours per week or eight (8) hours in any one day, except that em-
ployees may be permitted to work forty-eight (48) hours in any
calendar week, provided that not less than one and one-third times
the normal wage rate shall be paid to employees for all hours worked
81814°— — 1044-103 34 (101)
102
ill excess of forty (40) in any one calendar week or eight (8) in
any one day.
2 (e). Accounting, clerical, office, store, shipping service or inside
sales employees, who shall not, however, be permitted to work in
excess of forty (40) hours per week, except that in any one week's
period in any one month not in excess of forty-eight (48) hours in
any calendar week nor in excess of eight (8) hours in any one daj' to
permit billings to be made and inventories to be taken.
2 (f). Emploj'ees on automotive or horse-drawn passenger, ex-
press, delivery, or freight service, who shall not, however, be per-
mitted to work in excess of forty-five (45) hours per week, nor in
excess of nine (9) hours in any one day, except upon receiving com-
pensation of time and one-third for all hours worked in excess of
those prescribed.
2 (g). Engineers, and firemen, who shall not, however, be per-
mittee! to work in excess of fortv-nve (45) hours in any one calendar
Aveek, nor in excess of nine (9) hours in any one day, unless com-
pensated by payment of time and one-third for all hours worked in
excess of those prescribed.
Hugh S. Johnson,
Adniinidrator for Industrial Recovery.
Approval recommended.
Geo. L. Beery,
Division Admin istrator.
Washington, D.C,
August 9.S, 193k.
REPOKT TO THE PRESIDENT
Tlie PUESIDENT,
The White House.
Sir: A Public Hearing on the Code of Fair Competition for the
Animal Glue Industry, submitted by the National Association of
Glue Manufacturers, Inc., was conducted in Washington on the 4th
of April, 1934, in accordance with the provisions of the National
Industrial Recovery Act. This Association claims to represent
ninety-nine (99%) per cent of the Industry by volume of business.
THE INDUSTRY
The Animal Glue Industry includes the manufacture of glues
made from materials of animal origin other than casein. The In-
dustry is divided into the Hide Glue and Bone Glue Divisions, each
using a different manufacturing process and competing in market-
ing problems in few instances. There are about twenty-five concerns
in the Industry. Some of the concerns are independent, some are
connected with the meat packing or the leather industries. It is
estimated that approximately three thousand persons, including sales
and office employees, were engaged in the Animal Glue Industry dur-
ing its busy season of 1929. Annual sales were estimated as about
$20,000,000 in 1928. Sales decreased sharply between 1928 and 1932,
but began to improve during early 1933 and increased in the second
half of 1933 to nearly 80% of the 1929 dollar volume.
PROVISIONS OF THE CODE AS TO WAGES AND HOURS
The Code specifies, with certain exceptions, that no employee
shall be permitted to work in excess of an average of forty hours
per week in any six months' period, nor in excess of forty-eight hours
in any one calendar week. Provision is made for payment of time
and one-third for all hours worked in excess of eight in any one day
or in excess of forty in any one calendar week.
There are excepted from the basic work week employees who re-
ceive thirty-five dollars or more per week and who are employed in a
technical or professional capacity but not including skilled operating
personnel; employees in a managerial, supervisory or executive
capacity; supervisors or highly skilled workers in continuous proc-
esses where restriction of hours would unavoidably reduce produc-
tion; outside salesmen. Employees engaged in emergency mainte-
nance and emergency repair work shall receive payment of time and
one-third for all hours worked in excess of forty in any one week or
eight hours in any day. Watchmen have a maximum work week of
fifty-six hours, however, they are not permitted to work more than
six days in any seven day period.
(103)
104
Accounting; clerical, office, store, shipping service or inside sales
employees are not permitted to work in excess of an average of forty
hours per week in any three months' period nor in excess of eight
hours per day nor forty-eight hours in any one calendar week. Em-
ployees on automotive or horse drawn passenger service shall not be
permitted to work in excess of an average of forty-six hours per
week in any three months' period, nor in excess of nine hours in any
one day nor forty-eight hours in any calendar week.
The Code provides for a minimum wage of forty (40^) cents per
hour ; except emploj'^ees engaged in light or nonhazardous work, such
as wrapping, packaging and labeling who shall not be paid less than
at the rate of thirty-five (35^) cents per hour; employees on account-
ing, clerical, office, store, shipping service or inside employees and
employees on automotive or horse-drawn passenger express, delivery
or freight service who shall not be paid less than fifteen ($15.00)
dollars per week in any city of over 500,000 population or in the
immediate trade area thereof or fourteen ($14.00) dollars per week
in any other part of the United States; messengers, junior clerks
and others doing a junior grade of office or clerical work, who shall
not exceed five (5%) per cent of total number of employees, who
shall receive not less than twelve ($12.00) dollars per Aveek.
The Code provides that a minimum rate of pay shall apply irre-
spective of whether an employee is actually compensated on a time
rate, piece work or other basis.
The Code further provides that no i^erson under sixteen (16) years
of age shall be employed in the Industry, and that no person under
eighteen (18) years of age shall be employed in a hazardous occupation.
ECONOMIC EFFECTS OF THE CODE
It has been reported that in 1929 the Industry employed 3000 per-
sons, and had annual sales of about $20,000,000 in 1928. In 1933 the
Industry reported but 1500 employees, however, in April 1934 it is
estimated that 3000 persons were employed and in the last half of
1933 the sales volume was 80% of that in 1929.
The minimum wage of forty cents per hour is about equal to that
of 1929 and considerably above that paid in the Industry before the
adoption of the President's Keemployment Agreement.
The Code provisions will reduce the average hours per week by
twenty-eight per cent from the 1929 peak.
Since most of the firms are now operating under the Code provi-
sions only a relatively small further increase in employment can be
exi>ected,^ but it is estimated that an increase in ])ayrolls will amount
to about ten per cent above the figure for April 1934.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all of the
proceedings in this matter :
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
105
removal of obstructions to the free flow of inter-state and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating Industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, this Code of Fair Competition for the Animal
Glue Industry has been approved.
Respectfully,
Hugh S. Johnson,
Administrator,
August 23, 1934.
CODE OF FAIR COMPETITION FOR THE ANIMAL GLUE
INDUSTRY
Article I — Purposes.
To effect the policies of Title I of the National Industrial Recov-
ery Act the following provisions are established as a Code of Fair
Competition for the Animal Glue Industry, and shall be the stand-
ard of fair competition for such Industry and shall be binding
upon every member thereof.
Article II — Definitions
Section 1. The term "Animal Glue Industry " as used herein
means and includes the manufacture and sale by the manufacturer
of glue made from materials of animal origin. There shall be
excepted herefrom casein.
Section 2. The term " Member of the Industry " includes any
individual, partnership, association, corporation, or other form of
enterprise engaged in the Industry, either as an employer or on his
or its own behalf, either directly or indirectly or through a sub-
sidiary or subsidiaries.
Section 3. The term " Hide Glue Division " as used herein, means
that division of the Industry engaged in the manufacture of glue
made from tissues and skins of animal origin, not including, how-
ever, glue made from bones.
Section 4. The term " Bone Glue Division " as used herein, means
that Division of the Industry engaged in the manufacture of glue
made from bones.
Section 5. The term " Member of the Hide Glue Division " in-
cludes any member of the Industry engaged in the Hide Glue Divi-
sion as hereinabove defined.
Section G. The term " Member of the Bone Glue Division " in-
cludes any member of the Industry engaged in the Bone Glue Divi-
sion as hereinabove defined.
Section 7. The term " employer " as used herein includes anyone
by whom such employee is compensated or employed.
Section 8. The term " employee " as used herein includes any
and all persons engaged in the Industry, however compensated,
except a member of the Industry.
Section 9. The term " President ", "Act ", and "Administrator "
as used herein shall mean respectively the President of the United
States, Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
(IOC)
107
Ahticle III ^ — Hours
MAXIMUM HOURS
Sectiox 1. No C'lnploj'ee shall be permitted to work in excess of
an average of forty (40) hours per week in any six (6) months'
period, nor in excess of forty-eight (48) hours in any one calendar
week, except as hereinafter providecL Not less than one and one-
third (iVs) times the normal wage rate shall be paid to employees
for hours worked in excess of forty (40) hours in any one calendar
week or in excess of eight (S) hours in any one day.
EXCEPTION AS TO HOURS
Section '1. The foregoing provisions regarding maximum liours
^iiall noL apply to the foUoAving:
(a) Employees who receive thirty-five ($35.00) dollars or more
per week and wdio are employed in a technical or professional
cai)acity (not including .skilled operating personnel), employees in
a managerial, supervisory, or executive capacity, or higlily skilled
workers in continuous processes where restriction of iiours would
unavoidabh" reduce production.
(b) Outside salesmen.
(c) Emploj'ees engaged in emergency maintenance and/or emer-
gency repair work, involving breakdown or protection of life or
property, who shall, however, be paid not less than one and one-
third (IVs) times the normal w^age rate for hours w^orkecl in ex-
cess of forty (40) houi's in any one week or in excess of eight (8)
hours in any one day.
(d) ^^■atcllmen, who shall not, however, be permitted to work in
excess of fifty-six (5G) hours in any seven (7) day period, nor more
than six (6) days in any such x^eriod.
(e) Accounting, clerical, office, store, shipping service or inside
sales emploj'ees, who shall not, however, be permitted to work in
excess of an average of forty (40) hours per week in any three
(3) months' period, nor in excess of forty-eight (48) hours in any
calendar week, nor in excess of eight (8) hours in any one day.
(f) Employees on automotive or horse-drawn passenger, express,
delivery, or freight service, who shall not, how^ever, be permitted to
work in excess of an average of forty-six (46) hours per week in any
three (3) months' period, nor in excess of forty-eight (48) hours in
any calendar week, nor in excess of nine (9) hours in any one day.
(g) Engineers, and firemen, who shall not, however, be permitted
to work in excess of forty-eight (48) hours in any one calendar
week, nor in excess of eight (8) hours in any one day.
E31PL0YMENT BY SEVERAL EMPLOYERS
Section 3. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers exceeds the maximum per-
mitted herein.
1 See paragraph 2 of onler approving this Code.
81814° 1044-103 34 2
108
STANDARD WEEK
Section 4. No employee shall be permitted to work more than,
six (G) days in any seven (7) day period.
Article IV — Wages
MINIiVIU^M AVAGE3
Section 1. Except as hereinafter provided, no employee shall be
paid less than at the rate of forty (40^') cents per hour.
exceptions as to :\riNi:\iuM wages
Section 2. The foregoing- provisions regarding minimiun wage
rates shall not apply to the following :
(a) Employees engaged in light and nonhazardous work, such
as wrapping, packaging and labelling, who shall be paid not less
than at the rate of thirty-five (35^0 cents per hour.
(b) Employees of the classes mentioned in Subsections (e) and
(f) of Section 1 of Article III, who shall be'.po^d not less than at
the rate of ' *
$15.00 ])er week in any city of over 500,000 population, or in
the immediate trade area of such city, and
$14.00 per week in an}' other place.
(c) Messengers, junior clerks, or others doing a junior grade of
office or clerical work, who shall be paid not less than at the rate
of twelve ($12.00) dollars per week, but the number of such em-
ployees shall not exceed five (5%) per cent of the total number of
office employees in any establishment.
piecework co:m pensatton — :mtni :\iu?.i wages
Section 3. This Article establishes a minimum rate of pay wliich
shall aj^ply, irrespective of whether an employee is actually com[)en-
sated on a time rate, piecework or other basis.
WAGES ABOVE MINIMU:M
Section 4. Tliere shall be an equitable adjustment of all wages
above the minimum, and to that end. within thirty (30) daj's from
the approval of this Code, the Code Authority shall submit for the
approval of the Administrator a proposal for adjustment in wages
above the minimum. Upon approval by the Administrator, after
such hearing as he may prescribe, such proposal shall become binding
as a part of this Code, ])rovided, however, that in no event shall
hourly rates of paj^ be reduced.
FE:\rAEE e:mployees
Section 5. Female employees jjerforming substantially the same
work as male employees shall receive the same rate of pay as male
employees.
109
HANDICAPPED PERSONS
Section G. A person whose earning capacity is limited because of
age or phj-sical or mental handicap may be employed on light work
at a wage below^ the minimum established by this Code if the em-
])loyer obtains from the State Authority designated by the United
States Department of Labor a certificate authorizing his employment
at such wages and for such hours as shall be stated in the certificate.
Each employer shall file monthly with the Code Authority a list of
all such persons employed by him, showing the wages paid to, and
the maximum hours of work for such employee.
Article V — General Labor and Other Provisions
CHILD LABOR
Section 1. No person under sixteen (IC) years of age shall be
employed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occupations wdiich are haz-
ardous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within thirty (30) days from the ap-
]n-oval of this Code a list of such operations or occupations. In any
State an emploj^er shall be deemed to have complied wath this pro-
vision as to age if he shall have on file a certificate or permit duly
signed by the Authority in such State empowered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age.
PROVISIONS FROM THE ACT
Section 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of cm-
ploj'ers of labor, or their agents, in the designation of such repre-
sentatives or in self -organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking emploj'ment shall he re-
quired as a condition of employment to join any compan}^ union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
(c) Employers shall comply with tlie maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
evasion through subterfuge
Section 3. No emploA'er .shall reclassify employees or duties of
occupations ])erformed or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of
this Code.
standards for safety and health
Section 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
110
nient. Standards for safety and health shall be submitted by the
Code xVnthority to the Administrator within six (6) months after
the effective date of the Code.
Sl'ATi: I.AA\'S
Sectiox 5. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than ai'e imposed b}' this Code.
rOSTING
Section G. All employers shall post and keep posted copies of
this Code in conspicuou.s places accessible to all employees. Every
member of the Industry shall comply Avith all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may froiii time to time be prescribed by the Administrator.
niSMISSAL FOR COAll'LAINT
Section T. No employee shall be dismissed by reason of making st
ro]nphiint or giving evidence w^ith respect to a violation of this
Code.
Ar.TICLE VI OltOANIZATION, PoWERS AND DuTIE.S OF THE
Code Authority
or(ianizatk)n ano constitution
Section 1. To further effectuate the policies of the Act, a Code
Authority is hereby established and known as the Code Authority
of the Animal Glue Industry. In addition the Industry .shall be
classified into two Divisions, known as (1) Hide Glue Division,
(2) Bone Glue Division, and each such Division shall have its own
Divisional Code Authority, composed of the members of the Code
Authority representing their respective Divisions, as hereinafter
provided.
Section 2. The Code Authority shall consist of seven (7) mem-
bers to be selected as follows: Three (3) members shall be selected
from the Hide Glue Division, by the vote of members thereof repre-
senting three-fourths in number of the members of the Hide Glue
Division and representing three-fourths of the dollar sales volume
for the preceding calendar year of the members of the Hide Glue
Division entitled to vote. Three (3) members shall be selected from
the members of the Bone Glue Division by the vote of members
representing three-fourths in number of the members of the Bone
Glue Division, and members representing three-fourths of the dollar
sales volume for the preceding calendar year of the members of the
Bone Glue Division entitled to vote. The seventh member of the
Code Authority shall be without vote and shall be a person of their
own choosini^ and shall be chosen bv tlic vote of members of the
Ill
Industry representing three-fourths in number of the members of
the Industry, and members representing three-fourths in dollar sales
volume for the preceding calendar year of the members of the
Industry entitled to vote.
Section 3. In addition to membership of the Code Authority, a3
above provided, there may be three (3) members, without vote and
without compensation from the Industry, to be appointed by the
Administrator and to serve such terms as he may specify.
Section 4. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall: (a) Impose no inequitable restrictions on membership,
and (ij) submit to the Administrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem neces-
sary to effectuate the purposes of the Act.
Section 5. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper, and thereafter if he shall find that
the Code Authority i^s not truly representative or does not in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority.
Section 6. If the Administrator shall at any time determine that
any action of the Code Authority or any agency thereof may be un-
fair or unjust or contrary to the public interest, the Administrator
may require that such action be suspended to afford an opportunity
for investigation of the merits of such action and further consid-
eration by the Code Authority or agency pending final action which
shall not be effective unless the Administrator approves or unless he
shall fail to disapprove after thirty (30) days' notice to him of
intention to proceed with such action in its original or moditiecl form.
Section 7. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent or emplo^^ee of
the Code Authorit}^ Nor shall any member of the Code Authority
exercising reasonable diligence in the conduct of his duties hereunder
be liable to anyone for any action or omission to act under this Code,
except for his own wilful malfeasance or nonfeasance.
powers and duties
Section 8. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provi-
sions of this Code.
(a) To insure the execution of the provisions of this Code and pro-
vide for the compliance of the Industry with the provisions of the
Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
112
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3(a) of the Act to such Fed-
eral and State agencies as he may designate; provided that nothing
in this Code shall relieve any member of the Industry of any existing
obligations to furnish reports to any Government agency. No indi-
vidual report shall be disclosed to any other member of the Industry
or any other party except to such other Governmental agencies as
may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the Industry.
(f) 1. It being found necessary to support the Administration of
this Code, in order to effectuate the policy of the Act and to main-
tain the standards of fair competition established hereunder, the
Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval subject to
such notice and opportunity to be heard as he may deem necessar3^
1. An itemized budget of its estimated expenses for the foregoing
purposes, and
2. An equitable basis upon which the funds necessary to support
such budget shall be contributed by members of the Industry;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its
own name.
2. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided (unless
duly exempted from making such contribution) shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its ap-
I)roved budget; and shall in no event exceed the total amount
113
contained in the approved budget except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
(g) To reconnnend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each other
or with other Industries; measures for industrial planning, and
stabilization of employment; and including modifications of this
Code which shall become effective as part hereof upon approval by
the Administrator after such notice and hearing as ho may specify.
(h) To appoint a Trade Practice Committee which shall meet Avith
the Trade Practice Committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
this Code and under such other Codes to the end that such fair trade
practices may be proposed to the Administrator as amendments to
this Code and such other Codes.
Section 9. The members of each Division of the Industry, namely,
(a) Hide and (b) Bone, shall constitute a separate and distinct
Divisional Planning and Fair Practice Agency for the respective
Division; and each such Agency shall adopt rules and regidations
for the procedure and conduct of its members and representatives,
subject to the approval of the Administrator.
The Hide Glue Division, and the Bone Glue Division, shall be
independent and self-governing in all problems relating exclusively
to their respective Division. To this end each Agency shall :
(a) Consider all cases of alleged violations of the trade practice
provisions of this Code by a member or members of the particular
Division and make such recommendations thereon to the Code Au-
thority as it maj^ deem advisable; and thereupon the Code Authority
shall be required to take such action as may be necessary in the
interest of the Division affected.
(b) To recommend to the Administrator aft<'r such notice and
hearing as he may prescribe such other or further provisions con-
cerning unfair methods of competition with respect to its own Di-
vision of the Industry; upon the approval thereof by the Adminis-
trator, the same shall become part of this Code and binding upon
all members of the Division concerned.
(c) With the a])proval of the Administrator thereto, after such
notice and hearing as he may ])rescribe, to make such amendments,
modifications and/or additions to this Code as shall apply to its own
particular Division of the Industry and as shall not lessen or im-
pair the rights, powers or duties conferred by this Code upon the
Code Authority and/or other Divisions of the Industry.
(d) To propose to the Code Authority amendments and/or modifi-
cations of this Code, but no such amendments and/or modiiications
shall be presented by such Code Authority for consideration by or
approval of the proper authority without first having been approved
by three-fourths of the members of each of the respective Divisions
of the Industry, and without having been concurred in by members
k
114
of such respective Division representing three-fourths of the dollar
sales volume of such respective Divisions for the preceding calendar
year. .
Article ^^II — Unfair Methods of Competition 1
Section 1. The following practices constitute unfair methods of
competition and shall constitute a violation of this Code :
(a) To procure, by fraud, misrepresentation or other unfair
means, any information concerning the business of such member
which is properly regarded by it as a trade secret or confidential
Avithin its organization other than information relating to a violation
of any provision of the Code.
(b) To give, permit to be given, or offer to give, anything of
value for the purpose of influencing or rewarding the action of any
employee, agent, or representative of another in relation to the
business of the employer of such employee, the principal of such
agent or the represented party, without the knowledge of such
employer, principal or party. This provision shall not be construed
to prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
commercial bribery as hereinabove defined.
(c) To promise or arrange reciprocity of any kind for the pur-
pose of influencing a sale.
(d) To imitate, or simulate any design, style, mark or brand used
by any other member of the Industry in a manner which is intended
to or does deceive or mislead purchasers or prospective purchasers.
(e) To disseminate, publish, or circulate any false or misleading
information relative to any product or price for any product of
any member of the Industry, or the credit standing of ability of
any member thereof, or the performance of any work or manufac-
ture or production of any product, or the conditions of employment
among the employees of any member thereof.
(f) Wilfully to induce or attempt to induce the breach of exist-
ing contracts between competitors and their customers by any false
or deceptive means, or interfere with or obstruct the performance of
any such contractual duties or services by any such means, with the
purpose and effect of hampering, injuring or embarrassing com-
petitors in their business.
(g) To make or give to any purchaser of any product any guar-
tee or protection in any form against decline in the market price
of such product.
(h) To give free samples in excess of five (5) pounds of any one
gi-ade.
(i) To deliver the products thereof on consignment except to an
affiliated company of such member. An ajEfiliated company shall
mean a company in which a member of the Industry has a voting
control through the record or equitable title of the voting stock
thereof, or has control of such company in any other manner.
(j) To make false statements or reports, written or oral, required j
pursuant to any of the provisions of this Code or required by the
Administrator.
115
(k) Knowingly to withhold from or insert in any quotation or
invoice any statement that makes it inaccurate in any material
particular.
TRADE TERMS
Section 2. (a) All invoices covering domestic sales by members of
the Industry shall be due and payable within thirty (30) days from
the date of invoice, provided, however, that there shall be twenty
(20) days free time for shipments from the Atlantic ports to Pacific
ports or vice versa made by a member directly to a bona fide pur-
chaser, and five (5) days free time for shipments made from Eastern
territory to the Mississippi Valle}' Section or vice versa.
(b) The discount which may be allowed for cash shall not exceed
two (2%) per cent for payment within ten (10) days from date of
invoice, or for payment in cash or invoices dated from the first to
the fifteenth of any month, inclusive, and paid on or before the
2oth of each month, or for invoices dated from the sixteenth to
the end of any month, inclusive, and which are paid on or before the
tenth of the succeeding month.
Article VIII — ^VIgdification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of Hie Act, from time to
time to cancel or modify any order, approval, license, rule or regula-
tion issued under said Act.
Section 2. Any member of the Industry may propose an amend-
ment to this Code to the Code Authority or to the Administrator.
Each amendment proposed to the Code Authority shall be submitted
to a meeting of the Code Authority, and if the Code xluthority shall
approve thereof the amendment so proposed shall be submitted to
the members of the Division or Divisions of the Industry' affected
thereby and eligible to vote. If at such meeting, the members of the
Industry representing three-fourths of the members of such Divi-
sion or Divisions and concurred in by members of such respective
Division or Divisions representing three-fourths of the dollar sales
volume of such respective Division or Divisions for the preceding
calendar year, shall vote in favor of the adoption of such amend-
ments, such amendments shall be submitted by the Code Authority
to the Administrator for approval.
Article IX — ]Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article X — ErFECTi\'E Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 504.
Registry No. GOl-01.
O
Approved Code No. 505
CODE OF FAIR COMPETITION
FOR THE
BLACKBOARD AND BLACKBOARD ERASER
MANUFACTURING INDUSTRY
As Approved on August 23, 1934
ORDER
Code of Fair Competition for the Blackboard and Blackboard
Eraser Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Blackboard and Blackboard Eraser Manu-
facturing Industry, and hearing having been duly held thereon and
the annexed report on said Code, containing findings with respect
thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise: do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act; and do hereby order that said
Code of Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Administrator for Indicstrial Recovery.
Approval recommended.
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 23, 1934.
82064° 1044-104 34 (117)
REPOKT TO THE PRESIDENT
The President,
The White House.
Sir: The public hearing on the Code of Fair Competition for
the Blackboard and Blackboard Eraser Manufacturing Industry of
the United States, submitted by the National School Supply Asso-
ciation, 176 West Adams Street, Chicago, Illinois, was conducted
in Washington, D.C. on the 25th day of April, 1934, in accordance
with the provisions of the National Industrial Recovery Act. The
Association claims to represent 90 percent, by volume, of the
Industry.
The hours established under the Code are 40 per week, with the
exception of one period, not to exceed 12 weeks in any calendar year,
during which period employees may be permitted to work 48 hours
per week, provided they are paid at least one and one-half times
the normal rate of pay for all hours worked in excess of 40 per
week.
Exceptions are allowed for watclimen, who may be employed 56
hours per week, and for traveling salesmen, executives, administra-
tive and/or supervisory employees who receive $35.00 or more per
week.
The minimum wages established under this Code are 40 cents per
hour for males and 35 cents per hour for females. Office employees
shall receive a minimum of $15.00 per week. Protection of emploj^ees
on piecework performance is guaranteed.
Exceptions to the minimum wages are allowed to office boys and
office girls under eighteen years of age, who shall receive at least
80% of the minimum wage. The number of such employees is lim-
ited to five percent of the total number of office employees. Excep-
tions are also allowed to handicapped persons whose earning capacity
is limited, provided the employer obtains a certificate authorizing
such employment from the State authority designated by the United
States Department of Labor.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possi-
(118)
119
ble utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as ma}'' be tem-
porarily required) , by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not clasified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof ; and that the applicant asso-
ciation is a trade association truly representative of the aforesaid
Industi*y; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From the evi-
dence adduced during this hearing and from recommendations and
reports from the various Advisory Boards, it is believed that this
Code as now proposed and revised represents an effective, practical,
equitable solution for this Industry and for these reasons has been
approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 23, 1934.
CODE OF FAIK COMPETITION FOR THE BLACKBOAED
AND BLACKBOARD ERASER MANUFACTURING IN-
DUSTRY
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Blackboard and Blackboard Eraser Manufacturing Industry,
and its provisions shall be the standards of fair competition for such
Industry and be binding upon every member thereof.
Article II — Definitions
1. The term " Industry " as used herein includes the manufacture
and sale by the manufacturer of manufactured blackboard and black-
board erasers (except slate blackboards) and such related branches
or subdivisions as may from time to time be included under the pro-
visions of this Code.
2. The term " member of the Industry " or " member " includes but
without limitation any individual, partnership, association, corpora-
tion, or other form of enterprise engaged in the Industry, either as
an employer or on his or its own behalf.
3. The term " emplo3'^ee " as used herein includes any and all
persons engaged in the Industry, however, compensated, except a
member of the Industry.
4. The term " employer " as used herein means anyone by whom
such employee is compensated or employed.
5. The terms " President ", "Act ", and ""Administrator " as used
herein mean respectively, the President of the United States, Title I
of the National Industrial Recovery Act, and the Administrator
for Industrial Recovery.
Article III — Hours
Section 1. No employee, except as hereinafter provided, shall be
permitted to Avork in excess of forty (40) hours in any one week or
eight (8) hours in any one day; except that in case of seasonal demand
periods employees may be permitted to work forty-eight (48) hours
in any one week, but not more than eight (8) hours in any one day;
provided, however, that at least time and one-half the normal rate
of pay shall be paid for all hours in excess of forty (40) per week.
The peak period shall not exceed twelve (12) weeks in any calendar
year.
Section 2. The provisions of Section 1 of this Article shall not
apply to watchmen, who may be employed not to exceed fifty-six
(56) hours per week, traveling salesmen or to employees engaged in
(120)
121
an executive, administrative and/or supervisory capacity who receive
thirty-five dollars ($35.00) or more per week. Foremen engaged
in mechanical operations or manual labor are not included in the
above exemption.
Section 3. Employers or members of the Industry who personally
erform manual work or are engaged in mechanical operations shall
e subject to the same maximum hours provided in this Article
for employees.
Section 4. No employees shall be permitted to work more than
six (6) days in any seven (7) day period.
Section 5. No employer shall knowingly permit any employee
to work for any time which, when added to the time spent at work
for another employer or employers in this industry exceeds the
maximum permitted herein.
Article IV — Wages
Section 1. (a) No male employee shall be paid in any pay period
less than at the rate of forty cents (40^) per hour, except as herein-
after provided,
(b) No female employee shall be paid in any pay period less than
at the rate of thirty-five cents (35^) per hour, except as hereinafter
provided.
Section 2. No accounting, clerical, office, service, or sales employee
(including outside salesmen) shall be paid less than at the rate
of fifteen dollars ($15.00) per week. Office boj's and office girls
under eighteen years of age shall be paid not less than at the rate
of eighty percent (80%) of the above minimum, provided that the
number of such employees shall not exceed five percent (5%) of the
total number of office employees. Members of the industry employ-
ing less than twenty office employees may employ one such person.
Section 3. A person whose earning capacity is limited because
of age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage below the minimum established by
this Code, if the employer obtains from the state authority, desig-
nated by the United States Department of Labor, a certificate
authorizing such person's employment at such wages and for such
hours as shall be stated in the certificate. Such authority shall be
guided by the instructions of the United States Department of Labor
in issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by him, showing the wages paid to, and the maximum hours of
work for such employees.
Section 4. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees. Female employees engaged to replace male employees
shall be paid at least the rates of the men whom they displace. The
Code Authority shall, within ninety (90) days after the effective
date of this Code, file with the Administrator a description of all
occupations in the Industry in which both men and women are
employed and in which women are employed exclusively.
Section 5. This Article establishes minimum rates of pay which
shall apply, irrespective of whether an employee is actually compen-
sated on a time rate, piece-work, or other basis.
122
Section 6. Employers shall not reduce the rates of wages for em-
ployees whose rates are now in excess of the minimum rate of wages
herein provided (notwithstanding that the number of hours worked
in such employment may be hereby decreased), and where in any case
an employer has not increased the rates of wages for such employees
since July 1, 1933, by an equitable adjustment of all such wage rates,
such employer shall adjust all such wage rat^s. Within thirty days
after the enective date of this code each member of the industry shall
submit to the Code Authority a detailed report concerning such
adjustment, and the Code Authority shall report such adjustments to
the Administrator. This provision shall be interpreted in the same
manner that paragraph seven of the President's Reemployment
Agreement has been interpreted by the Administrator in Interpre-
tations, Numbers One and Twenty.
Section 7. Homework in this Industry is hereby prohibited,
except in accordance with the Executive Order of the President
No. 6711-A, dated May 15, 1934.
Section 8. Wages shall be paid only in cash or negotiable check
payable on demand.
Article V — General Labor Provisions
Section 1. No persons under eight-een (18) years of age shall be
employed in the Industry except as office boys or office girls. No
person under sixteen (16) years of age shall be employed in the
Industry in any capacity. In any State any employer shall be deem-
ed to have complied with this provision as to age if he shall have
on file a certificate or permit, duly signed by the Authority in such
State empowered to issue employment or age certificates or permits
showing that the employee is of the required age.
Section 2, (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of
employers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to to join any company union
or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Section 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
Section 4. Every employer shall provide for the safety and
health of employees during the hours and at the places ot their
employment. Standards for safety and health shall be submitted
by the Code Authority to the Administrator for approval within
three months after the effective date of the Code.
Section 5. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
123
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
Section 6. All employers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. Every
member of the industry shall comply with all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed b}?^ the Administrator.
Section 7. No employee now employed at a wage above the mini-
mum shall be discharged and reemployed or replaced at a lower
rate for the purpose of evading the provisions of this Code.
Section 8, No employer shall dismiss or demote any employee
for making a complaint or giving evidence with respect to an alleged
violation of the provisions of this Code.
Article VI — Organization, Powers and Duties of the Code
Authority
organization and constitution
Section 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this Code and shall
consist of four (4) persons to be chosen by the Industry through
a fair method of selection, approved by the Administrator.
Section 2. In addition to membership as above provided, there
may be not more than three members, without vote, to be known as
Administration members, to be appointed by the Administrator to
serve for such terms as he may specify.
Section 3. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code
Authority shall (1) impose no inequitable restrictions on member-
ship, and (2) submit to the Administrator true copies of its articles
of association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem neces-
sary to effectuate the purposes of the Act.
Section 4. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper ; and thereafter if he shall find
that the Code Authority is not tinily representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modification of the Code Authority.
Section 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner to
anyone for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or nonfeasance.
Section 6. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
124
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
POWERS AND DUTIES
Section 7. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code.
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the industry with the provisions of the
Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Author-
ity, members of the industry subject to this Code shall furnish such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Act to such Federal and
State agencies as he may designate; provided that nothing in this
Code shall relieve any member of the industry of any existing obliga-
tions to furnish reports to any Government agency. No individual
report shall be disclosed to any other member oi the industry or
any other party except to such other Governmental agencies as may
be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
porper for the foregoing purposes and to meet such obligations out
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the coor-
dination of the administration of this Code with such other codes,
if any, as may be related to or affect members of the Industry.
(f ) 1. It being found necessaiy in order to support the Adminis-
tration of this Code, to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval subject to
such notice and opportunity to be heard as he mav deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
125
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry and,
to that end, if necessary, to institute legal proceedings therefor in
its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industiy comphang with the Code and contributing
to the expenses of its administration as hereinabove provided, (unless
duly exempted from making such contributions) shall be entitled to
participate in the selection of the members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Administra-
tion.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator ; and no subsequent budget shall contain an}^ deficiency
item for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the industry in their relations with each
other or with other industries; measures for industrial planning,
and stabilization of employment ; and including modifications of this
Code which shall become effective as part hereof upon approval by
the Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other codes
as may be related to the industry for the purpose of formulating
fair trade practices to govern the relationships between employers
under this code and under such other codes to the end that such fair
trade practices may be proposed to the Administrator as amendments
to this code and such other codes.
(i) To provide appropriate facilities for arbitration, except labor
disputes and subject to the approval of the Adm.inistrator, to pre-
scribe rules of procedure and rules to effect compliance with awards
and determinations.
(j) To recommend and submit to the Administrator a merchan-
dising plan for the Industry that shall become effective on his
approval.
(k) To cause to be formulated methods of cost finding and ac-
counting capable of use by all members of the industry, and shall
submit such methods to the Administrator for review. If approved
by the Administrator, full information concerning such methods shall
be made available to all members of the industry. Thereafter, each
member of the industry shall utilize such methods to the extent found
practicable. Nothing herein contained shall be construed to permit
the Code Authority, any agent thereof, or any member of the indus-
try to suggest uniform additions, percentages or differentials or
126
other uniform items of cost which are designed to bring about arbi-
trary uniformity of costs or prices.
Article VII — Open Price
Section 1. Each member of the industry shall file with a confi-
dential and disinterested agent of the Code Authority or; if none,
then with such an agent designated by the Administrator, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to as
" price terms ", which lists shall completely and accurately conform
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard prod-
ucts of the industry as are sold or offered for sale by said member
and for such non-standard products of said member as shall be desig-
nated by the Code Authority. Said price terms shall in the first
instance be filed within thirty days after the date of approval of this
provision. Price terms and revised price terms shall become effec-
tive immediately upon receipt thereof by said agent. Immediately
upon receipt thereof, said agent shall by telegraph or other equally
Brompt means notify said niember of the time of such receipt. Such
sts and revisions, together with the effective time thereof, snail upon
receipt be immediately and simultaneously distributed to all members
of the industry and to all of their customers who hav^e applied
therefor and have offered to defray the cost actually incurred by the
Code Authority in the preparation and distribution thereof and be
available for inspection by any of their customers at the office of
such agent. Said list or revisions or any part thereof shall not be
made available to any person until released to all members of the
industry and their customers, as aforesaid ; provided, that prices filed
in the first instance shall not be released until tlie expiration of the
aforesaid thirty day period after the approval of this code. The
Code Authority shall maintain a permanent file of all price terms
filed as herein provided, and shall not destroy any part of such
records except upon written consent of the Administrator. Upon
request of the Cod© Authority shall furnish to tlie Administrator or
any duly designated agent of the Administrator copies of any such
lists or revisions of price terms.
Section 2. AVlien any member of the industry has filed any re-
vision, such member shall not file a higher price within forty-eight
(48) hours.
Section 3. No member of the mdustry shall sell or offer to sell
any products of the industry, for which price terms have been filed
pursuant to the provisions of this article, except in accordance with
such price terms.
Section 4, No member of the industry sliall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the industry
to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free and
open market w^hich it is the purpose of this Article to create.
127
Article VIII — Trade Practice Rul^s
1. No member of the Indiistry shall is^ue advertising (whether
printed, radio, display or of any other nature) which is misleading
(?r inaccurate in an}- material particular, nor shall any member in
any way misrepresent any goods (including but without limiting
its use, trade mark, ^-ade, quality, origin, size, substance, character,
nature, finish, material content or preparation) or credit terms, val-
ues, policies, services, or the nature or form of the business conducted.
2. No member of the Industry shall withhold from or insert in
any quotation or invoice any statement that makes it inaccurate in any
material particular.
3. No member of the Industry shall brand or mark or pack any
goods in any manner which is intended to or does deceive or mis-
lead purchasers with respect to the brand, grade, quality, quantity,
origin, size, substance, character, nature, finish, material content, or
preparation of such goods.
4. No member of the Industry shall publish advertising which re-
fers inaccurately in any material particular to any competitors or
their goods, prices, values, credits, terms, policies, or services.
5. No member of the industry shall publish or circulate unjus-
tified or unwarranted threats of legal proceedings which tend to or
have the effect of harassing competitors or intimidating their cus-
tomers. Failure to prosecute in reasonable time shall be evidence
that any such threat is unwarranted or unjustified.
6. No member of the Industry shall secretly offer or make any pay-
ment or allowance, or a rebate, refund, commission, credit, unearned
discount, or excess allowance, whether in the form of money or
otherwise, nor shall a member of the industry secretly offer or extend
to any customer any special service or privilege not extended to all
customers of the same class, for the purpose of influencing a sale.
T. No member of the Industry shall ship goods on consignment ex-
cept under regulations prescribed by the Code Authority and ap-
proved by the Administrator.
8. No member of the Industry shall give, permit to be given, or
offer to give anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employees,
the principal of such agent or the represented party, without the
knowledge of such emploj^er, principal, or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such articles
are actually used for commercial bribery as hereinabove defined.
9. No member of the Industry shall wilfully induce or attempt to
induce the breach of existing contracts between competitors and their
customers by any false or deceptive means, or interfere with or ob-
struct the performance of any such contractual duties or services by
any such means, with the purpose and effect of hampering, injur-
ing or embarrasing competitors in their business.
iO. No member of the Industry shall require that the purchase or
lease of any goods be a prerequisite to the purchase or lease of any
other goods. Nor shall any member of the industry deliver prod-
ucts in quantities in excess of that actually ordered and for which
128
the buyer has contracted to pay, nor send unordered products either
to regular or prospective customers.
11. No member of the Industry shall offer employment to or en-
tice away employees of another member of the Industry for the
purpose of securing thereby confidential information concerning
trade secrets, or other confidential data of a member of the Indus-
try's business, the possession of which would unduly hamper, injure
or embarrass members of the Industry in their business ; but nothing
in this paragraph shall prevent an employee from offering his serv-
ices to a competitor or prevent any employer from employing the
emjjloyee of another member of the Industry, if the initiative is
taken by the employee.
12. No member of the Industi-y shall imitate trade marks, trade
names, slogans or other marks of identification of competitors prod-
ucts for the purpose of unduly hampering or embarrassing a com-
petitor and/or for the purpose of deceiving the prospective pur-
chasers of such products; nor shall any member of the Industry
catalogue a manufacturer's product which is not sold by that member
of the Industry.
13. No member of the Industry shall ship or deliver products
which do not conform to the samples submitted or representation
made prior to the order, nor shall any member of the Industry recom-
mend specifications which are known to be faulty or hazardous from
a construction viewpoint, or secretly change specifications in figur-
ing estimates for the purpose and effect of misleading competitors
and customers or execute any contract other than in strict accordance
with the construction specifications on which the contract was esti-
mated and secured.
14. No member of the Industry shall accept the return of goods
for credit unless permission therefor is granted prior to the return
and unless the same are returned within thirty days from the date
of shipment and in no case shall the manufacturer defray any of
the transportation charges or other expenses incurred in handling
or reconditioning such goods. This snail not apply to products
returned on account of defects in manufacture, or error or delay
in shipment, non-conformity with sample, or breach of warranty.
15. No member of the Industry accepting products for recondi-
tioning and reshipment to same purchaser shall defray or absorb
any transportation or other expense incidental to handling or recon-
ditioning of such products, except in cases of reconditioning neces-
sitated by such member's breach of warranty or defects in manu-
facture.
16. No member of the Industry shall make fictitious or blind bids
for the purpose of deceiving competitors or purchasers, or any
attempt through connivance to have all bids rejected to the end
that a more advantageous position may be secured in new bidding.
(a) Nor shall any member of the Industry bid a lump sum for
a group of items. In all competitive bids the price of each class of
units shall be stated for eacli item.
17. No member of the Industry shall discriminate between custo-
mers of the same class and prices to all customers shall be the price
filed by the individual member of the Industry in his current list
price and/or discount sheets. They shall apx)ly on all orders for the
129
same quantity of a given item taken at the one time and shipped
to the same destination. Such prices shall be established inde-
pendently by each member of the Industry.
18. No member of the Industiy shall make false or misleading
statements as with respect to reports, written or oral, required by
the provisions of this Code, or any resolution duly adopted by the
Code Authority and approved by the Administrator.
19. No member of the Industry shall aid or abet any person, firm,
association, or corporation in any unfair practice prohibited in
this Code or engage in any subterfuge to defeat the purposes of
and provisions of this Code and the Act.
Article IX — Modification
Section 1. This Code and all the provisions thereof are ex-
pressly made subject to the right of the President, in accordance
with the provisions of subsection (b) of Section 10 of the Act, from
time to time to cancel or modify any order, approval, license, rule,
or regulation issued under Title I of said Act.
Section 2. Such of the provisions of this Code as are not required
to be included herein by the Act may, with the approval of the
Administrator, be modified or eliminated in such manner as may
be indicated by the needs of the public, by changes in circumstances
or by experience. All the provisions of this Code, unless so modi-
fied or eliminated, shall remain in effect until June 16, 1935.
Article X — JMgnopolies
No provision of this Code shall be so applied as to permit mo-
nopolies or monoplistic practices, or to eliminate, oppress or discrim-
inate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Article XII — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 505.
Registry No. 1G98-07.
O
Approved Code No, 50G
CODE OF FAIR COMPETITION
FOR THE
ELECTRIC AND NEON SIGN INDUSTRY
As Approved on August 24, 1934
ORDER
AlTROVIXG CODK OF FaIK Co:M PETITION JOK THE EeeCTRIC AM) XeON
Sign Industry
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the Xational Industrial
Recover}' Act. approved June 16, 1033, for approval of a Code of
Fair Competition for the Electric and Neon Sign Industry, and
hearing having been duly held thereon; and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me b}' Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereb}^ incorporate bj' reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes
of said Title of said Act; and do hereby order that said Code of
Fair Competition be and it is hereby approved.
Hugh S. Johnson,
Admhmtmtor for Industrial Recovery.
Approval recommended :
Barton W. Mui{ray,
Division A dministrator.
AVashington, D.C,
August 2Jt, 193 It.
82307° 1044-112 34 (13I)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Electric and Neon Sign Industry, the hearing having been conducted
thereon in Washington, D.C., April 23, 1934, in accordance with the
provisions of Title I of the National Industrial Recovery Act.
PROVISIONS OF THIS CODE AS TO AVAGES AND HOURS
Maximum hours for employees are established as folloAvs: All em-
ployees, except outside salesmen or empIo3^ees engaged in emergency
maintenance or emergency repair work or persons employed in a
managerial or executive capacity who are paid at the rate of $35.00
or more per week, — forty hours in any one week, or eight hours in
any twenty four hour period beginning at midnight; Avatchman —
fifty four hours per week; all employees — six days in any seven day
period. Employees engaged in emergency maintenance and emer-
gency repair work shall be paid at not less than one and one-half
times their normal hourly rate for all hours in excess of eight hours
per day and forty hours per week.
Minimum wages for employees are established as follows : All em-
ployees, except skilled employees — $16.00 per week of forty hours,
and part time emploj^ees working less than forty hours per week —
45 cents per hour ; skilled employees — 75 cents per hour. No hourly,
daily or full time weekly compensation for employees who are paid
less than $50.00 per week shall be less than such compensation exist-
ing as of June IG, 1933, and no employee shall be paid a wage rate
which will yield a less wage to the shorter full time week "herein
established than he could have earned for the same class of work
for the full time week existing as of June 16, 1933. Wage increases
established under the President's Reemployment Agreement shall
at least be maintained. Female employees performing substantially
the same work as male employees shall receive the same rates as
male employees.
Employment of any person under IG years of age and anyone under
18 years of age at occupations hazardous in nature or dangerous to
health is prohibited.
No reclassification of employees for the purpose of defeating the
purpose of the Act is permitted, and no employee is permitted to
Avork more than the specified maximum hours whether for one or
more employers.
The right of employees to organize and bargain collectivelv
\hrough representatives of their own choosing is recognized. No eni-
ployee shall be required as a condition of employment to join any
company union, or refrain from joining, organizing, or assisting a
labor organization of his own choosing.
(132)
133
No employee who has been reguhirly emph)yed in any one estab-
lishment of this In(histry for eight weeks or more shall be discharged
on less than one week's notice, and no employee shall be dismissed or
demoted by reason of making a complaint or giving evidence with
respect to an alleged violation of this Code.
EC0N03IIC EFFECTS OF THE CODE
The Electric and Xeon Sign Industry ranks among those indus-
tries expei'icncing the greatest loss of business due to the depression,
the annual sales of the Industry falling from an estimated eighty
million dollars in 1928 to an estimated thirty-eight million dollars
in 1932, a decline of 53'" .t from the 1928-1929 peak; and employment
declining from 18,000 in 1928 to 13,000 in 1932, a decrease of 29%.
The total estimated number of concerns, however, increased from
1,000 in 1928 to 1,500 in 1932 and 1933, an increase of 50% while
the invested capital decreased during the same period from thirty
million dollars to twenty-five million dollars, a decrease of 17%.
It is believed that the provisions of the Code permit adequate
control and at the same time insure development and sound
expansion.
FINDINGS
The Acting Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this inatter :
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign com-
merce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the_ trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elim-
inating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding imdue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000
employees ; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, inclucling without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industiy; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
134
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against tnem.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
Hugh S. Johnson,
Administrator.
August 24. 1934.
CODE OF FAIR COMPETITION FOR THE ELECTRIC AND
NEON SIGN INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Electric and Neon Sign Industry, and the
provisions of this Code shall be the standards of Fair Competition of
such Industry and shall be binding upon every member thereof.
Article II — Definitions
Section 1. The term '' Electric and Neon Sign Industry "' or
" Industry " as used herein shall mean and include the manufacture,
lease and sale of electric and neon signs; the installation, mainte-
nance and servicing of such signs upon premises not owned or con-
trolled by a member of this Industry ; and the manufacture, installa-
tion, maintenance, lease and sale of luminescent tube products and
neon tube electrodes designed for use only in electric and neon signs
and advertising displays.
Section 2. The t^rm " employee " as used herein includes any and
all persons, except a member of the Industry, engaged in the indus-
try in any capacity receiving compensation for his services, irrespec-
tive of the nature or method of payment of such compensation.
Section 3. The term "' employer " as used herein includes anyone
by whom any such employee is compensated or employed.
Section 4. The t^rm " member of the Industry " includes, but
without limitation, any individual, partnership, association, corpora-
tion, or other form of enterprise engaged in the Industry as above
defined, either as an employer or on his or its own behalf.
Section 5. The terms " President ", "Act ", "Administrator ", and
" Code Authority "', as used herein shall mean respectively the Presi-
dent of the United States, Title I of the National Industrial Recov-
ery Act, the Administrator for Industrial Recovery, and the agency
herein created to administer this Code for the Industry.
Section 6. The term "Association " as used herein shall mean the
National Electric Sign Association or its successor.
Section T. The term " Confidential Agent " as used herein shall
mean the person or persons designated by the Code Authority to per-
form certain duties hereinafter set forth. Such person or persons
shall be impartial and in no way connected with any member of the
Industry.
Section 8. The term " service " as used herein is defined to mean
leasing, contracting at the time of a lease or sale for the servicing of
the products of the Industry for a specified leng-th of time, and also
contracting for the servicing of the products of the Industry for a
specified length of time.
(135)
136
Article III^ — Hours
Section 1. No employee shall be permitted to work in excess of 40
hours in any one week, or 8 hours in any 24 hour period beginning
at midnight, except as herein otherwise provided.
Section 2. No watchman shall be permitted to work in excess of
54 hours per week. The term " watchman " as used herein is defined
to mean any employee who devotes not less than ninety percent of
his time watching and/or guarding the premises and/or property of
the employer and Avho does not engage in production or repair work.
Section 3. The provisions of this Article shall not apply to out-
side salesmen or to employees engaged in emergency maintenance or
emergency repair work or to persons employed in a managerial or
executive capacity who earn regularly thirty-five ($35.00) dollars
per week or more; provided, however, that employees engaged in
emergency maintenance and emergency repair work shall be paid not
less t:han one and one-half (l^/o) times their normal hovirly rate for
all hours worked in excess of 8 hours per day and 40 hours per week.
Section 4. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
Section 5. No employer sImII knowingly permit any employee to
vrork for any time which, when totaled with that already performed
with another employer or employers, exceeds the maximum permitted
herein.
Article IV — Wages
Seciton 1. No employee shall be paid in any pay period less than
sixteen ($16.00) dollars per w^^ek of forty (40) hours; provided,
nowever, that part time employees working less than the forty (40)
hour week shall be paid not less than forty-five (45) cents per hour.
Section 2. (a) The term "skilled employee" as used in this Sec-
tion shall mean sign painters, iron workers, sheet metal workers,
maintenance men, electricians, glass blowers and pumpers, expressly
excepting therefrom helpers as hereinafter defined.
(b) No member of the Industry shall employ more than one helper
for each three journeymen. The term '' jielper " as used herein shall
mean all employees other than journeymen engaged in the skilled
trades defined in paragraph (a) of this Section.
Section 3. This Article establishes a minimum rate of pay, re-
gardless of whether an employee is compensated on a time-rate,
piecework, or other basis.
Section 4. Female employees performing substantially the same
work as male employees shall receive the same rates of pay as male
employees.
Section 5. A person whose earning capacity is limited because of
age or physical or mental handicap may be employed on light work
at a wage below the minimum established by this Code if the em-
ployer obtains from the State authority designated by the United
States Department of Labor a certificate authorizing his emplo^^ment
at such wages and for such hours as shall be stated in the certificate.
Each employer shall file monthly with the Code Authority a list of
all such persons employed by him, showing the wages paid to, and
the maximum hours of work for such employee.
137
Section 6. No hourly, daily, or full time weekly compensation for
employees who are paid less than fifty ($50.00) dollars per week
shall be less than such compensation existing as of June 16, 1933,
and no employee shall be paid a wage rate which will yield a less
Avage to the shorter full time week herein established than ho could
have earned for the same class of work for the full time week exist-
ing as of June 16, 1933. Wage increases established under the Presi-
dent's Reemplo^'ment Agreement shall at least be maintained.
Article V — Gexe]{Ai. Lahor Provisioxs
Section 1. No person under sixteen (16) years of age shall be em-
ployed in this Industry nor anyone under eighteen (18) years of
age at operations or occupations hazardous in nature or detrimental
to health. The Code Authority shall submit to the Administrator
within ninety (90) days after the effective date of this Code a list
of such occupations. In any State, an emploj^er shall be deemed to
have complied with this provision if he shall have on file a certifi-
cate or permit, duly issued by the authority in such State empowered
to issue employment or age certificates or permits, showing that the
employee is of the required age.
Section 2. (a) Employees shall have tlie right to organize and bar-
gain collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of paj, and other conditions of employment approved
or prescribed hj the President.
Section 3. Every employer shall provide for the safety and liealth
of his employees at the place and during the hours of their employ-
ment and shall comply w4th the standards of safety and health ap-
proved by the Administrator. Such standards shall be recommended
by the Code Authority to the Administrator within three (3) months
after the effective date of this Code.
Section 1. Within each State this Code shall not supersede any
laws of such State or Federal law\s imposing more stringent require-
ments on emploj-ers regulating the age of employees, wages, hours of
work, or health, fire or general working conditions than under this
Code.
Section 5. No employer shall reclassify employees or duties of oc-
cupations performed by employees or engage in any other subterfuge
so as to defeat the purposes of the Act or the provisions of this Code.
Section 6. If any emploj^er of labor in this Industry is also an
employer of labor in any other Industry, the provisions of this Code
shall apply to and affect only that part of the busine;-s Avhich is a
part of the '' Electric and Neon Sign Industry."
82307° 1044-112 :'A 2
138
Section 7. No employee shall be dismissed or demoted by reason
of makino- a complaint or giving evidence with respect to an alleged
violation of this Code.
Section 8. No employee who has been regularly employed in any
one establishment of this Industry for eight (8) weclcs or more shall
be discharged on less than one week's notice.
Section 9. Each employer shall post and keep posted in conspicu-
ous places accessible to employees, full copies of Articles III, lY,
and V, of this Code and any amendments thereto. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair Competition which
may from time to time bo prescribed by the Administrator.
Article VI— Administration
To further etl'ectuate the policies of the Act, a Code Authority is
hereby constituted to administer this Code.
Section 1. A Code Authority is hereby established consisting of
twelve (12) persons to be elected in the following manner:
During the period of sixty days from the eft'ective date of this
Code, the Code Committee .shall act as a temporary Code Authority
and shall cause a meeting of the members of the Industry to be held
for the jDurpose of electing a Code Autllorit3^ Twenty days' advance
notice of such meeting shall be sent to all members of the Industry
whose names and addresses can be ascertained after diligent search.
Tlie members of the Code Authority shall be elected in the following
manner :
(a) Nine (9) members who shall be members of the Industry and
memlDcrs of the Association shall bo elected by a majority vote of all
members of the Industry present in person or by proxy or letter
ballot, each member to have one vote.
(b) Three (3) members of the Industiy who shall be non-members
of the Association shall be elected by a majority vote of all non-
members of the Association present in person or bv prox}' or by letter
ijallot, each member to have one vote.
The members of the Code Authority so elected shall serve for a
period of one year or until their successors are elected and qualified.
Thereafter, members of the Code Authority shall ])e elected at a
meeting of the members of the Industry to be held at the time and
place of the annual meeting of the Association, in the manner lierein-
above set forth.
Any vacancy occurring in the membership of the Code -Vuthority
shall be filled by a majority vote of the remaining members of the
Code Autliority, subject, however, to the classilications of member-
ship hereinabo\e set forth.
In addition to meniberahi]) as above provided, thore may be three
(3) members without vote to be known as Administration Members
to be appointed by the Administrator to serve for such term as he
may specify. The Administration Members so appointed shall
receive notice of, and may sit at, all meetings of the Code Authority.
Section 2. Each trade or industrial association directl}- or in-
directly participating in the selection or activities of the Code Au-
tliority, shall (1) impose no inequitable restrictions on membership,
139
and (2) submit to the Administrator true copies of its Articles of
Association, By-Laws, refjiilations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to efl'ectnate the purposes of the Act.
Sectiox 3. In order that the Code Authority shall at all times lie
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may ])rescribe
such hearings as he may deem proper; and thereafter if he shall lind
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require an
appropriate modification of the Code Authority.
Section 4. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authorit3\ Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any action or omission to act under this Code,
except for his own wilful malfeasance or non-feasance.
Section 5. Powers and Duties. — The Code Authority shall have
the following powers and duties to tlie extent permitted by the Act :
(a) To adopt by-laws and rules and regulations for its procedure
and for the administration of this Code in accordance with the
powers herein granted; the same shall be submitted to the Adminis-
trator for his approval, together with true copies of any amendments
or additions when made thereto, minutes of meetings when held, and
such other information as to its activities as the Administrator may
deem necessary to effect the purposes of the Act.
(b) To insure the execution of the provisions of this Code and
to provide, subject to rules and regulations established from time
to time by the Administrator, for th(> compliance of the Industry
with the provisions of the Act.
(c) To make recommendations to the Administrator for the co-
ordination of tlie administration of this Code Avith such other Codes,
if any, as may be related to the Industry or to any subdivisions
thereof.
(d) 1. It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate tlie policy of the Act,
the Code Authority is authorized :
a. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
b. To subn.iit to the Administrator for his approval, subject
to such notice and oj^port unity to be heard as he may deem nec-
essary (1) an itemized Jiudget of its estimated expenses for the
foregoing purposes, and (2) an equitable basis upon which the
funds necessary to support sucli budget sliall be contributed by
the members of the Industry;
c. After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equita-
140
ble contribution as above set forth by all members of the In-
dustry and to that end, if necessary, to institute legal proceed-
ings therefor in its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such contributions, shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National RecoA'ery
Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
(e) To recommend to the Administrator further trade practice
provisions to govern the members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning and stabilization of
employment; and to consider and recommend to the Administrator
proposals for modification or amendment of this Code which shall
become effective as part hereof upon approval by the Administrator
after such notice and hearing as he n.iay specify.
(f ) To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
tliis code and under such other codes to the end that such fair trade
practices may be proposed to the Administrator as amendments to
this code and such other codes.
(g) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
Avith the provisions hereof.
(h) To provide for local administration of the code through the
selection of district Code Committees for various districts as may
from time to time be set up by the Code Authority, each such dis-
trict Code Committee to be selected from the members of the Indu'^try
residing within the district in a manner truly representative of the
members of the Industry within that district. The set up of the
district or districts and Ihe method of selection shall be subject to
review by the Administrator.
(i) The District Code Committees shall have such power as may
be delegated to them by the Code Authority, provided that nothing
herein shall relieve the Code Authority of its duties or responsibili-
141
ties under this Code ; and that such district Code Committees shall at
all times be subject to and comply with the provisions of this Code.
(j) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act to such Federal
and State agencies as he may designate ; provided that nothing in
this Code shall relieve any member of the Industry of any existing
obligations to furnish reports to any Government agency. No indi-
vidual report shall be disclosed to any other member of the Industry
or any other party except to such other Governmental agencies as
may be directed by the Administrator.
(k) To authorize and empower Regional Code Connnittees, or
other such Agencies as it may designate, to install a method of
checking competitive bids after the opening and after the award of
the contract of such bids and when such authorization is granted to
require such Regional Code Committees or Agencies to designate a
depository, or to use such other method as may be approved by the
Code Authority.
(1) To present to the Administrator, from time to time, recom-
mendations based on conditions in the Industry, which will tend to
effectuate the operation of the provisions of this Code. Such rec-
ommendations, when approved b}^ the Administrator, shall have the
same force and effect as the other provisions of this Code.
Section 6. The Code Authority may with the approval of the
Administrator maintain a representative in each major trade area
and in such minor trade areas as may be designated, who shall be
nominated by the Industry in said trade area, and who shall keep in
touch with all members of the Industry, explain the provisions and
applications of the Code and rulings made thereon by the Code
Authority, investigate complaints, instruct members in the keeping
of data required, and perform such other duties as shall be desig-
nated by the Code Authority to create and maintain harmony in
the Industry, and to provide members of the Industry with a direct
personal channel for securing the full benefit of the operation of this
Code. This representative shall exercise only such authority as may
be specifically invested in him by the Code Authority with the ap-
proval of the Administrator.
Secttox 7. In each division or subdivision of the Electric and
Neon Sign Industry, truly representative associations or groups of
employers and employees respectively concerned, after proper notice
and hearing and as a result of bona fide collective bargaining, may
establish by mutual agreement (when approved by the President as
provided in Section 7 (b) of the Act), for a specifically defined
region or locality the standards of hours of labor, rates of pay,
and such other conditions of employment, relating to occupations
or types of operations in such region and locality, as may be neces-
sary to effectuate the policy of Title I of the Act. For the purposes
of this Section, the entire United States may be defined as a region.
Section 8. All statistics, data, and information filed or required
in accordance with the provisions of this Code shall be confidential
142
and the statistics, data, and information of one member shall not
be revealed to an.y other memljer. No such data or information shall
be published except in combination with other similar data and only
in such a manner as to avoid the disclosure of confidential informa-
tion, or except upon the written consent of a particular member of
the Industry supplying such statistics, data and information. The
Code Authority shall arrange in such manner as it may determine
for the current publication of Industry statistics to members.
Section 9. If the Administrator shall determine that any action of
a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investi-
gation of the merits of such action and further consideration by
such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
Article VII — Costs and Pijice Cutting — Cost Finding and
Accounting
Section 1. (a) Wilfully destructive price cutting is an unfair
method of competition and is forbidden. Any member of the Indus-
try or of any other industry or the customers of either may at any
time complain to the Code Authority that any filed price consti-
tutes unfair competition as destructive price cutting, imperiling small
enterprise or tending toward monopoly or the impairment of code
wages and working conditions. The Code Authority shall within
6 days afford an opportunity to the member filing the price to
answer such complaint and shall within 14 days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be refeiTed to the Research
and Planning Division of NKA which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product
or service, there is to be no fixed minimum basis for prices. It is
intended that sound cost estimating methods should be used and that
consideration should be given to costs in the determination of pricing
policies.
(c) When an emergency exists as to any given product or service,
sale below the stated minimum price of such product or service, in
violation of Section 2 hereof, is forbidden.
Section 2. (a) If the Administrator, after investigation shall at
any time find both (1) that an emergency has arisen within the In-
dustry adversely affecting small enterprises or wages or labor con-
ditions, or tending toward monopoly or other acute conditions which
tend to defeat the purposes of the Act; and (2) that the determina-
tion of the stated minimum price for a specified product or service
within the industry for a limited period is necessary to mitigate the
conditions constituting such emergency and to effectuate the purposes
of the Act, the Code Authority may cause an impartial agency to
investigate costs and to recommend to the Administrator a determina-
tion of the stated minimum price of the product or service affected
143
by the emergency and thereupon the Administrator may proceed
to determine such stated minimum price.
(b) When the Administrator shall have determined such stated
minimum price for a specified product or service for a stated period,
which price shall be reasonably calculated to mitigate the conditions
of such emergency and to effectuate the purposes of the National
Industrial Recovery Act, he shall publish such price. Thereafter,
during such stated j^eriod, no member of the Industry shall sell such
specified products or services at a net realized price below said stated
minimum price and any such sale shall be deemed destructive price
cutting. From time to time, the Code Authority may recommend
review or reconsideration or the Administrator may cause any deter-
minations hereunder to be reviewed or reconsidered and appropriate
action taken.
Section 3. The Code Authority shall cause to be formulated
methods of cost finding and accounting capable of use by all members
of the industry, and shall submit sucli methods to the Administrator
for review. If approved by the iVdministrator, full information con-
cerning such methods shall be made available to all members of the
Industry. Thereafter, such member of the Industry shall utilize
such methods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the Code Authority, any agent
thereof, or any member of the industry to suggest uniform addi-
tions, percentages or differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
l^rices.
Article VIII — Open Price Provisions
Section 1. Each member of the Industry shall file with a confi-
dential and disinterested agent of the Code Authorit3% or, if none,
then w^ith such an agent designated by the Administrator, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this Article referred to as
" price terms " which lists shall completely and accurately conform
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard products
or services of the Industry as are sold or offered for sale by said
member and for such non-standard products of said member and for
such non-standard services of said member as shall be designated by
the Code Authority. Said price terms shall in the first instance be
filed within thirty (30) days after the date of approval of this pro-
vision. Price terms and revised price terms shall become effective im-
mediatel}^ upon receipt thereof by said agent. Immediately upon
receipt thereof, said agent shall b}^ telegraph or other equally prompt
means notify said member of the time of such receipt. Such lists and
revisions, together with the effective time thereof, shall upon receipt
be immediately and simultaneously distributed to all members of the
Industry and to all of their customers who have applied therefor and
have offered to defray the cost actually incurred by tlie Code Au-
thority in the preparation and distribution thereof and be available
for inspection by any of their customers at the office of such agent.
Said lists or revisions or any part thereof shall not be made available
to any person until released to all members of the Industry and their
144
cnsioniers as aforesaid; provided, that prices filed in the first instance
shall not be released until the expiration of the aforesaid thirty (30)
da}' period after the approval of this Code. The Code Authority
shall maintain a permanent file of all price terms filed as herein pro-
vided, and shall not destroy any part of such records except upon
written consent of the Administrator. Upon request the Code Au-
tliority shall furnish to the Administrator or any duly designated
agent of the Administrator copies of any such lists or revisions of
price terms.
SEcnoN 2. When any member of the Industry has filed any revi-
sions, such member shall not file a higher price within forty-eight
(48) hours.
Section 3. No member of the Industry shall sell or offer to sell
any products or services of the Industry, for which price terms have
been filed pursuant to the provisions of this Ai-ticle. except in accord-
ance with such price terms.
Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the Indus-
try to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Article to create.
Article IX — Trade Practices
A. The Following Practices Constitute Unfair Methods of Com-
petition for Members of the Industrj^, and are Prohibited :
EuLE 1. No member of the Industry shall publish advertising
(whether printed, radio, display, or of any other nature) as to his
own business which is misleading or inaccurate in any material par-
ticular, nor shall any member in any way misrepresent any credit
terms, values, policies, services, or the nature or form of tlie business
conducted.
Rule 2. No member of the Industry shall knowingly withhold
from or insert in any quotation or invoice anj'^ stat^ement that malces
it inaccurate in any material particular.
Rule 3. No member of the Industry shall publish advertising as
to his own business which refers inaccurately in any material par-
ticular to any competitors or their prices, values, credit terms,
policies, or services.
Rule 4. No member of the Industry shall publish or circulate
vmjustified or imwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers.
Rule 5. No member of the Industry shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount, or excess allowance, whether in the form of
inoney or otherwise, nor shall a member of the Industry secretly offer
or extend to any customer any special service or privilege not ex-
tended to all customers of the same class, for the purpose of influenc-
ing a sale.
Rule 6. No member of the Industry shall give, permit to be given,
or directly offer to give, anything of value for the purpose of in-
145
fluencing or rewarding the action of any employee, agent or re]">re-
sentative of another in relation to the business of the employe!- of
such employee, the principal of such agent or the represented party,
without the Imowledge of such employer, principal, or party. This
provision shall not he construed to prohibit free and general dis-
tribution of articles commonly used for advertising, except so far
as such articles are actually used for commercial bribery as herein-
above defined.
Rule 7. No member of the Industry shall induce or attempc to
induce the breach of an existing contract between a competitor and
his customer or source of supply; nor shall any such member inter-
fere with or obstruct the performance of such contractual duties or
services.
Rule 8. No member of the Industry shall brarid or make or pack
any goods in any manner which is intended to or does deceive or
mislead purchasers with respect to the brajicl, grade, quality, quan-
tit}^, origin, size, substance, character, nature, finish, material, con-
tent, or preparation of such goods.
Rule 9. No member of the Industry shall knowingly convert or
adapt to his own use the Avhole or any essential part of any designs,
drawings, sketches, models, or copy of any products which have been
submitted to a prospective customer by a competitor; nor shall any
member of the Industry knowingly consummate a sale on a design,
sketch, or plan originally furnished by a competitor to a prospective
customer unless the purchaser or seller has made arrangements for
compensation to the competitor for the use of such design, sketch,
or plan.
Rule 10. No member of the Industry shall conceal or remove from
any electric sign the name of the manufacturer thereof, or any
Insignia required by this Code.
Rule 11. No member of the Industry shall furnish any sample
sign especially built for a prospective purchaser having a prime cost
in excess of $10.00, except on a definite purchase contract.
Rule 12. No member of the Industry shall lease or sell or offer to
lease or sell unj product of the Industry through an outside sales-
man known to be employed solely by a competitor without first
obtaining the consent of the competitor, nor shall any member of the
Industry employ or contract with any sales agent employed solely by
or representing a competitor for the purpose of obtaining business
developed by a competitor through such salesmen or sales agent (s).
Rule 13. No member of the Industry shall mislead or deceive
customers with respect to the quality and/or quantity of material or
workmanship, the size of letters, dimension of signs and amount and
kind of service given with a sale.
Rule 14. No member of the Industry shall make any unauthorized
use of any insignia, trade marks, designs, or brands established to
identify persons who have entered into an agreement with the N.R.A.
to observe and conform to the provisions of this Code and appro vecl
rules issued thereunder, nor shall any member of the Industry make
any false statement that he has entered into any such agreement.
Rule 15. No member of the Industry shall defame a competitor
by falsely imputing to him dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false repre-
146
sentations or by false (.lisprtiaireiiKMit of tho irrndo or quality of the
competitor's ^oocls.
Rule 16. No member of the Industry" yhall reduce a bid without
chancres in the specifications anrl or plans justifyintr the same.
Arti cli: X — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to tlic right of the President, in accordance Avith the
provisions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act.
Section 2. Such of the provisions of this Code as are not required
to be included herein by the Act may, "with the approval of the
Administrator, be modified or eliminated in such manner as may
be indicated by the needs of the public, by changes in circumstances,
or by experience. All the ])rovisions of this Code, unless so modified
or eliminated, shall remain in eifect until June 16, 1935.
^VuTicLi: XI — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterj)i'ises.
AinicLE XII — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of services
increase as rapidly as wages, it is recognized that price increases
should be delayed and that, when made, the same should, so far as
possible, be limited to actual increases in the seller's costs.
Article XIII — Effectia'e Date
This Code shall become effective on the tenth day after its
approval.
Approved Code No. 506.
Registry No. 1310~0t).
o
Approved Code No. 507
CODE OF FAIR COMPETITION
FOR THE
SURGICAL DISTRIBUTORS TRADE
As Approved on August 24, 1934
ORDER
AppROAaNG Code of Fair Competition for the Surgical Distrib-
utors Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Tile I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Surgical Distributors Trade, and hearing
having been duly held thereon and the annexed report on said code,
containing findings with respect thereto, having been made and
directed to the President *
NOW, THEREFORE,' on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
at such time as I may direct there shall be a further hearing on such
of the provisions of said Code as I may designate, and that any order
which I may make after such hearing shall have the effect of a con-
dition on the approval of said Code; provided, further that the
following changes be, and the same hereby are, made :
(1) That Section 9 of Article II be, and the same hereby is
amended to read as follows :
" Outside Salesvien. — The term ' outside salesmen ' as used herein
shall mean a salesman who is engaged less than sixteen (16) hours
per week inside the establishment, or any branch thereof, by which
he is employed."
(2) That Section 10 of Article II b, and the same hereby is
amended to read as follows :
" Outside Collectors. — The term ' outside collectors ' as used herein
shall mean a collector of accounts who is engaged less than sixteen
82308° 14)44-109 34 (147)
148
(16) hours per week inside the establishment, or any branch thereof,
by which he is employed."
(3) That the last two paragraphs of Section 1 of Article III be,
and the same hereby are amended, to read as follows ;
"■ No employee shall be permitted to work for two or more estab-
lishments a greater number of hours, in the aggregate, than he would
be permitted to work for that one of such establishments which
operates upon the lowest schedule of working hours."
" No employee not included in the foregoing paragraphs, and not
specifically excepted hereinafter, shall be permitted to work more
than forty (40) hours in any one week, nor more than eight (8)
hours in any one day, nor more than six (6) days in any one week."
(4) That Section 4(a) of Article III be, and the same hereby is
amended, to read as follows :
" The maximum periods of labor prescribed in Section 1 of this
Article shall not apply to professional persons receiving more than
$35.00 per week, who are employed and working at their profession,
or to outside salesmen and outside collectors and watchmen. Watch-
men may be permitted to work a maximum of fifty-six (56) hours
per week but no watchmen shall be employed for more than six (6)
days in any seven (7) day period."
(5) That Section 4(b) of Article III be, and the same hereby is
amended, to read as follows :
" Maintenance and outside service employees may be permitted to
work a tolerance of ten (10%) percent in excess of the maximum
hours hereinabove set forth, provided they are paid one and one-half
times their normal rate of pay for all hours worked in excess of the
maximum hereinabove set forth."
(6) That Section 6 of Article IV be, and the same hereby is
amended, to read as follows :
" Handicapped persons. — A person whose earning capacity is
limited because of age or physical or mental handicap or other in-
firmities may be employed on light work at a wage below the mini-
mum established by this Code if the employer obtains from the States
authority designated by the United States Department of Labor a
certificate authorizing his employment at such wages and for such
hours as shall be stated in the certificate. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by him, showing the wages paid to, and the actual hours of work for
such employee."
(7) That Section 10 of Article IV be, and the same hereby is
inserted :
'" Weekly wages above tninimuin not to he reduced. — The weekly
wages of all classes of employees receiving more than the minimum
wages prescribed in this Article shall not be reduced from the rates
existing upon July 15, 1933, notwithstanding any reduction in the
number of working hours of such employee."
(8) That Section 4 of Article V be, and the same hereby is
amended, to read as follows :
" Every employer shall provide for the safety and health of em-
ployees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
149
Authority to the Administrator within three (3) months after the
effective date of the Code."
(9) That Section 6(c) of Article VI be, and tlie same hereby is
amended, to read as follows:
" To obtain from members of the trade such information and
reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the trade subject to this Code shall furnish such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3(a) of the Act to such Federal and
State agencies as he may designate; provided that nothing in this
Code shall relieve any member of the trade of any existing obliga-
tions to furnish reports to any Government agency. No individual
report shall be disclosed to any other member of the trade or any
other party except to such other governmental agencies as may bo
directed by the Administrator."
(10) Tliat Section 6 of Article VIII be, and the same hereby is
amended, to read as follows :
" No member of the trade shall imitate or simulate any design,
style, brand, trade-mark, slogan, or other means of identification
owned by any other member of the trade in such a manner as has
the tendency or capacity to mislead or deceive purchasers. In order
to make this provision effective, the Association may provide for the
establishment of an Agency for the registration of surgical instru-
ments of original and useful design. The provision of this Section
shall not supersede any State or Federal Laws, but shall be supple-
mentary thereto."
(11) That Section 7 of Article VIII be, and the same hereby is
deleted.
Hugh S. Johnson,
Administrator for Industnal Recovery.
Approval recommended :
Geo. L. Berry,
Division A dminisPrator.
Washington, D.C.
August £4, 193Jf.
EEPORT TO THE PEESIDENT
The President,
The White House.
Sir : This is a report on the Code of Fair Competition for the Sur-
gical Distributors Trade, the hearing having been conducted in
Washington on the 27th day of November, 1933, in accordance with
the provisions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT
The Surgical Distributing Trade is a widespread Trade with
retail establishments or agencies in most of even the relatively small
cities. In 1929, there were five hundred and seventy-four (574)
retail establishments which had net sales of over thirty-one million
($31,000,000,00) dollars. The number of distribution wage earners
was the same in the first half of 1932 as in 1929, which was approxi-
mately three thousand. Since June, 1932, reduction in net sales have
been accompanied by reduction in distribution employment so that
in the first half of 1933 net sales per distribution wage earner was
about forty per cent below those of 1929.
HOURS AND WAGES
The Wage Hour provisions of this Code are the same elective pro-
visions regarding wages, work hours and store hours, that are in-
cluded in the Approved Code for the General Retail Trade.
ECONOMIC EFFECT OF THE CODE
There will probably be very little increase in employment in this
trade as a result of the Code because the majority of the establish-
ments now covered by this Code were operating under the General
Retail Trade Code.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
Trades for the purpose of cooperative action among trade groups,
by inducing and maintaining united action of labor and manage-
(150)
151
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restrictions of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than fifty thousand
employees; and is not classified by me as a major Trade.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section
7, and Subsection (c) of Section 10 thereof; and that the applicant
association is a trade association truly representative of the afore-
said Trade; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons this Code has been approved.
Respectfully,
Hugh S. Johnson,
AdTninistrator,
August 24, 1934.
CODE OF FAIR COMPETITION FOR SURGICAL
DISTRIBUTORS TRADE
Article I — Purposes
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Surgical Distributors Trade, and its provi-
sions shall be the standards of fair competition for such trade, and
shall be binding upon every member thereof.
Article II — Definitions
Wherever used in this code or in any schedule or amendment
hereto, the terms hereinafter defined in this Article, shall, unless the
context shall otherwise clearly indicate, have the respective meanings
in this Article set forth.
Section 1. Surgical Distrihviors Trade. — The term " Surgical Dis-
tributors Trade ", as used herein shall mean the distribution except
wholesale distribution of instruments, appliances, apparatus, and
articles used or prescribed by physicians, surgeons, hospitals and
nurses, in the diagnosis of disease and the care, treatment and relief
of the sick, lame, ruptured and injured, except such articles the
distribution of which are governed by another approved code or
codes.
Section 2. Member of the Trade. — The term " member of the
trade " or " member ", as used herein, shall mean any individual,
partnership, association, corporation or other form of enterprise
engaged in the surgical trade as defined above, either as an employer
or on his or its own behalf.
Section 3. President., Act and Administrator. — The terms " Presi-
dent ", '"Act -', and "Administrator " as used herein mean, respec-
tively, the President of the United States, Title I of the National
Industrial Recovery Act, and the Administrator for Industrial
Recovery.
Section 4. Estahlishment. — The term " establishment ", as used
herein, shall mean any store or department of a store, shop, stand or
other place of business where such trade, as defined in Section 1 of
this Article, is carried on.
Section 5. Envployee. — The term " employee ", as used herein, in-
cludes Si\\y and all persons engaged in the trade, however compen-
sated, except a member of the trade.
Section 6. Employer. — The term " employer ", as used herein, in-
cludes anyone by whom any such employee is compensated or
employed.
Secjtion T. South. — The term " South " as used herein shall mean
Virginia, West Virginia, Maryland, North Carolina, South Carolina,
Georgia, Florida, Kentucky, Tennessee, Alabama, Mississippi, Ar-
(152)
153
kansas, Louisiana, Oklahoma, New Mexico, Texas, and the District
of Cohimbia.
Section 8. Population. — The term "population", as used herein,
shall be determined by reference to the latest P'ederal Census.
Section 9. Outside salesnwn. — The term '' outside salesmen " as
used herein shall mean a salesman who is engaged not less than sixty
(CO) jjercent of his working hours outside the establishment, or any
branch thereof, b}^ which he is employed/
Section 10. Outside collector. — The term " outside collector " as
used herein shall mean a collector of accounts who is engaged not
less than sixty (60) percent of his working hours outside the estab-
lishment, or any branch thereof, by wliich he is employed.^
Article III — Hours
Section 1. Basic store and 'Lcvrking hours. — On and after the
effective date of this Code establishments in the Surgical Distribut-
ing Trade shall elect to operate upon one of the following schedules
of hours of business and hours of labor.
Group A. Any establishment may elect to remain open for business
less than fifty-six (56) hours but not less than fifty -two (52) hours
per week, unless its hours of business were less than fifty-two (52)
hours prior to June 1st, 1933, in wdiich case such establishment shall
not reduce its hours of business ; no employee of these establishments
shall work more than forty (40) hours per week, nor more than eight
(8) hours per da}^, nor more than six (6) days per week.
Group B. Any establishment may elect to remain open for business
fifty -six (56) hours or more per week but less than sixty -three (63)
hours per week; no employee of such establishment shall work more
than forty-four (44) hours per w-eek, nor more than nine (9) hours
per day, nor more than six (6) days per week.
Group C. Any establishment may elect to remain open for business
sixty-three (63) hours or more per week; no employee of such estab-
lishment shall work more than forty-eight (48) hours per week, nor
more than ten (10) hours per daj^, nor more than six (6) clays per
week.
No employee shall work for tw^o or more establishments a greater
number of hours, in the aggregate, than he would be permitted to
work for that one of such establishments which operates upon the
lowest schedule of working hours.^
No employee not included in the foregoing paragraphs, and not
specifically excepted hereinafter, shall work more than forty (40)
hours in any one week, nor more than eight (8) hours in any one
day, nor more than six (6) days in any one week.^
Section 2. Schedule of hours to he posted. — On or within one
week after the effective date of this Code every member of this Trade
shall designate under which of the Groups set forth in the preceding
Section it elects to operate and shall post and maintain in a con-
spicuous place in the establishment a copy of such election showing
its hours of business and employee working hours.
1 Amended — See paragraph 2 (1) oi" order approvin;; tliis Code.
= Amended — See paragrapli 2 (2) of order approving,' this Code.
2 Amended — See Paragraph 2 (3) of order approving this Code.
82308-^ 1044-109 34 2
154
Section 3. Changes in store hours and employee workhif/ hours. —
(a) No establishment may change from the Group in which it has
elected to operate except upon December 31 of eveiy year.
(b) Any establishment, however, may at any time increase its
hours of business, provided it maintains the basic employee work
week of tlie Group in which it originally elected to operate.
(c) Any establishment may, for a period not to exceed three (3)
months during the Summer, temporarily reduce its hours of busi-
ness, but the weekly wages of its employees shall not on that account
be reduced.
Section 1. Execpfwn to /na.rhnuui peiloch of lahor. — (a) Profes-
sional persons, outside salesmen, outside eolleetors, and ira.tchmcn.
The maximum periods of labor prescribed in Section 1 of this Ar-
ticle shall not apply to professional persons employed and working
at their profession, or to outside salesmen, outside collectors and
watclinien. Watchmen may be permitted to vrork a maximum of
fifty-six (50) hours per week but no watchman, shall be employed
fo/more than six (6) days in any seven (7) day period.'*
(b) Maintenance and outside service employees may be permitted
to work in excess of the maximum hours hereinabove set forth, pro-
vided they are paid one and one-half tiiues their normal rate of pay
for all hours worked in excess of the maximum hereinabove set forth.^
(c) The provisions of this Article shall not apply to persons en-
gaged in a managerial, executive, or supervisory capacity, or sur-
gical appliance fitters, provided all such persons herein enumerated
are paid at least $35.00 per week.
(d) Any employee may be worked in excess of the maximum daily
and vreekly hours specified in this Article and applicable to him, pro-
vided that one and one-half times his normal hourly rate shall be
paid for all time worked in excess of the maximum ciaih^ and weekly
hours as hereinabove set forth. In no case, however, shall any em-
ployee be permitted to work more than eight (8) hours in any one
week in excess of the maximum weekly hours specified in this Article
and applicable to him.
Section 5. Hours of u>orh to he consecutive. — The hours worked by
any employee during each day shall be consecutive, provided that an
interval not longer than one hour may be allowed for each regular
meal period, and such interval not counted as part of the employee's
working time. Any rest period which may be given employees shall
not be deducted from such employee's working time.
Section 6. Extra luorJdng hour on one day a week. — On one day
each week employees may work one extra hour, but such hour is to
be included within the maximum hours permitted each week.
Section 7. Emergencies and epidemics. — In the event of emergen-
cies due to epidemics or catastrophes wherein the public health is
threatened, the stij)ulations regarding maximum hours of employ-
ment shall be temporarily suspended during such emergency as to
those employees whose work is affected thereby, but on condition that
no employee shall be permitted to work more than 20% in excess
of the maximum hours j)rovided for the Group in which such em-
ployee is regularly classified in any one week during such emergency
* Amencled — See paragraph 2 (4) of oidpr approving lliis Code.
"Amended — See paragraph 2 (5) of order approving this Code.
155
period. Paj'iiieiit for all such •work by an employee in excess of the
hours per week provided in Section 1 above, shall be at the rate of
time and one-half his normal rate of pa3\ In all such eases the mem-
bers of the trade affected thereb.y shall notify the Code Authority
of the reason for the existence of the emergency. The member may
operate under this Section upon his own determination of the exist-
tence of an emergency unless and until the Code Authority denies
the existence of such emergency. The determination by the Code
Authoritj' is subject to review, approval and disapproval of the Ad-
ministrator in each case. During the existence of such emergency the
member or members of the Trade affected thereby shall notify the
Code Authority of the hours worked by employees during the period
of such emergenc}', and the termination thereof.
Article IV — Wages
Section 1. Basic schedules of ivages. — On and after the effective
date of this Code, the minimum weeldy rates of wages which shall
be paid for a work week as specified in Article III, — v/hether such
wages are calculated upon an hourly, weekly, monthly, commission
or an}^ other basis, — shall, except as hereinafter provided, be as
follows :
(a) "Within cities of over 500,000 population, no employee shall
be paid less than at the rate of $14.00 per week for a forty (40)
hour work week, or less than at the rate of $14.50 per week for a
forty-four (44) hour work week, or less than at the rate of $15.00
per week for a forty-eight (48) hour work week.
(b) Within cities of from 100,000 to 500,000 population, no em-
ployee shall be paid less than at the rate of $13.00 per week for a forty
(40) hour work week, or less than at the rate of $13.50 per week for
a forty-four (44) hour work week, or less than at the rate of $14.00
per week for a forty-eight (48) hour work week.
(c) Within cities of less than 100,000 population, no employee
shall be paid less than at the rate of $12.00 per week for a forty
(40) hour work week, or less than at the rate of $12.50 per week
for a forty-four (44) hour work week, or less than at the rate of
$13.00 per week for a forty-eight (48) hour work week.
Section 2. The minimum wage paid to outside salesmen and out-
side collectors, except those emj)loyed solely on a commission basis,
shall be not less than $15.00 per week, plus traveling expenses.
Section 3. Souflieni wage differenfial. — In the South, within cities
of over 25,000 population, the minimum wages prescribed in the
foregoing sections may be at the rate of $1.00 less per week.
Section 4. No office boy, or messenger, shall be paid less than 80
per cent of the minimum wage herein set forth for the maximum
v\'eekly hours specified in Article III, and applicable to him, pro-
vided, however, that where more than one emploj-ee is classified and
compensated as an office boy or messenger, not more than five per
cent (5%) of the total number of office emploj^ees shall be so classi-
fied and compensated in each establishment.
Section 5. Part-time employees. — Part-time employees shall be
paid not less than at the hourly rate proportionate to "the rates pre-
scribed in the foregoing sections of this Article.
156
Section 6. Handicapped persons. — A person wliose earning capac-
ity is limited because of age or physical or mental handicap may be
em])loyed on light work at a wage below the minimnm established
by this Code if the employer obtains from the States authority desig-
nated by the United States Department of Labor a certificate author-
izing his employment at such wages and for such hours as shall be
stated in the certificate. Each employer shall file monthly with the
Code Authority a list of all such persons employed by him, showing
the wages paid to, and the actual hours of work for such employee."
Section 7. An employer shall make payment of all wages due
at least every two weeks and salaries at least monthly in lawful cur-
ency or by negotiable demand checks. These wages and salaries
shall be exempt from any charges, fines or deductions, or payments
for pensions, insurance or sick benefits other than those voluntarily
paid by the wage earners or required by State law. No employer
shall withhold wages. The employer or his agents shall accept no
rebates directly or indirectly on such wages or salaries.
Section 8. Female employees doing substantially the same work
as male employees shall receive tlie same rate of pay as male
employees.
Section 9. This Article establishes a minimum compensation
which shall apply, irrespective of whether an employee is actually
compensated on a time rate, piece-work, or other basis.'^
Article V — General Labor and Other Provisions
Section 1. Child Lahor. — No person under eighteen (18) years
of age shall be employed in the Trade except in clerical, office, sales,
or service departments, and no person under sixteen (16) years of
age shall be employed in any capacity. In any State an employer
shall be deemed to have complied with this provision as to age if
he shall have on file a certificate or permit duly signed by the author-
ity in such State empowered to issue employment or age certificates
or permits showing that the employee is of the required age.
Section 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self -organization or in other concerted activities for
tlie purpose of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeldng employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Section 3. No employer shall reclassify employees or duties of
occupations performed or eno-age in any other subterfuge so as to
defeat the purposes of provisions of the Act or of this Code.
" Ampiuled — Sec paragraph 2 ((>)
^Section 10 added to Article IV — See paragraph 2 (7) of order approving this Code.
157
Section 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator within six months after the effective
date of the Code.^
Section 5. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general w^orking conditions, or insurance, or fire
protection, than are imposed by this Code.
Section 6. All employers shall post and keep posted full copies
of this Code in conspicuous places readily accessible to all employees.
Every member of the trade shall comply with all rules and regula-
tions relative to the posting of provisions of Codes of Fair Com-
petition which may from time to time be prescribed by the
Administrator.
Article VI — Administration, Organization and Constitution
Section 1. A Code Authority is hereby established for the Sur-
gical Distributing Trade to cooperate with the Administrator in
the administration of this Code, and shall consist of nine (9) per-
sons, seven (7) of whom shall be selected by the American Surgical
Trade Association and two (2) by non-members of the Association.
Members of the Association and non-members elected to the Code
Authority shall be elected thereto, either prior to and in contempla-
tion of the approval of this Code, or subsequent to its approval, by
a method of selection approved or prescribed by the Administrator.
The Administrator may appoint not more than three (3) addi-
tional members, without vote and without expense to the trade, to
serve for such period of time, and to represent the Administrator or
such group or groups, as he maj^ designate.
Section 2. Each trade or industrial association directly or in-
directly j)articipating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership, or-
ganization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
Section 3. In order that the Code Authority shall at all times be
truly representative of the trade, and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper ; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require appro-
priate modification of the Code Authority.
Section 4. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to any
one for any act of any other member, officer, agent or employee of
^Amended — See paragraph 2 (8) of ordei- approving this Code.
158
the Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to any one for any action or omission to act under
this Code, except for his own wilful malfeasance or non-feasance.
Section 5. If the Administrator shall determine that any action
of the Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty (30) days' notice to him of intention to proceed
with such action in its original or modified form.
POWERS AND DUTIES
Section 6. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other
provisions of this Code :
(a) To insure the execution of the provisions of this Code, pro-
vide for the compliance of the trade with the provisions of the Act,
and to propose and submit to the Administrator modifications and/or
amendments to this Code which shall become a part hereof upon
approval by the Administrator after such notice and hearing as he
shall specify.
(b) To adopt by-laws and rules and regulations for its procedure
and administration of the Code.
(c) Through the Secretary of the Code Authority to obtain from
members of the trade such information and reports as are required
for the administration of the Code, and to provide for submission
by members of such information and reports as the Administrator
may deem necessary for the purposes recited in Section 3 (a) of the
Act, w^hich information and reports shall be submitted by members
to such administrative and/or government agencies as the Admin-
istrator may designate; provided that nothing in this Code shall
relieve any member of the trade of any existing obligations to furnish
reports to any government agency. All such data shall be compiled
by the Secretary in a form which will not reveal the data of an
individual member of the trade, and in this form may be made
available to the members of the trade as directed by the Code Au-
thority unless otherwise directed by the Administrator.^
(d) To use the American Surgical Trade Association and other
agencies as it deems proper for the carrying out of any of its activi-
ties provided for herein, provided that nothing herein shall relieve
the Code Authority of its duties or responsibilities under this Code
and that such trade associations and agencies shall at all times be
subject to and comply with the provisions hereof.
(e) To appoint a Trade Practice Committee which shall meet
with the trade practice committees appointed under such other codes
as may be related to the trade and industry for the purpose of formu-
lating fair trade practices to govern the relationships between pro-
' Amended — See paragraph 2 (9) of order approving this Code.
159
duction and distribution employers under this Code and under such
others, to the end that such fair trade practices may be proposed to
the Administrator as amendments to this Code and such other codes.
(f ) To establish an Industrial Relations Committee for the trade
which shall consist of an equal number of representatives of em-
ployers and employees and an impartial chairman. The Adminis-
trator shall appoint such impartial chairman upon the failure of the
committee to select one by agreement. If no truly representative
labor organization exists, the employee members of such board may
be nominated by the Labor Advisory Board of the N. R. A. and
appointed by the Administrator. The employer representatives
shall be chosen by the Code Authority. Such committee shall deal
with complaints and disputes relating to labor, in accordance with
rules and regulations issued by the Administrator. The Industrial
Relations Committee may establish such divisional, regional, and
local industrial adjustment agencies as it may deem desirable, each
of which shall be constituted in like manner as the Industrial Rela-
tions Committee.
(g) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the trade in their relations with
each other, or with other trades, and to recommend to the Admin-
istrator measures for industrial planning, including stabilization of
employment.
(h) To consider all charges of any breaches of the Code and/or
any schedules or amendments thereto.
Section 7. It being found necessary, in order to support the ad-
ministration of this Code and to maintain the standards of fair com-
petition established by this Code and to effectuate the policies of the
Act, the Code Authority is authorized, subject to the approval of
the Administrator :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Cocte ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all members of the industry, and to
that end, if necessary, to institute legal proceedings therefore in its
own name.
Section 8. Each member of the trade shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the trade complying with the Code and contributing
to tlie expenses of its administration as hereinabove provided, shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
160
or to make use of an^^ emblem or insignia of the National Recovery
Administration.
Section 9. The Code Authority shall neither incur nor pay any
obligation in excess of the amount thereof as estimated in its ap-
proved budget, except upon approval of the Administrator; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Admin-
istrator shall have so approved.
Section 10. The Surgical Distributors Trade Code Authority may
incorporate under the laws of any State of the United States or of
the District of Columbia, or may assume or adopt such existing
corporate form under any of such laws as it may deem appropriate
for the proper performance, as and from the effective date, of its
activities, powers and duties hereunder, such corporation or corporate
form to be not for profit and to be known as the Surgical Distributors
Trade Code Authority, Incorporated; provided that the powers,
duties, objects and purposes of the said corporation shall, to the
satisfaction of the Administrator, be limited to the powers, duties,
objects and purposes of the Surgical Distributors Trade Code Au-
thority as provided in this Code ; provided, further, that the existence
of the said corporation shall be during the term of the Code; and
provided, further, that the certificate of incorporation and by-laws
shall be subject to the disapproval of the Administrator.
Article VII — Prices, Terms, Sales, Etc.
Section 1. All installment sales shall be covered by a written
agreement retaining title or a lien until full payment is made, and
shipment of goods shall not be made until agreement and notes for
unpaid part of purchase price are signed and delivered and initial
payment made. A first or down payment of not less than twenty
(20) per cent of the total amount of the sale shall be required on
installment sales. This provision is understood to prevent the ship-
ping of merchandise on approval for a period in excess of ten (10)
days. Immediately upon approval the initial payment shall be made.
Deferred installments of installment sales shall not be more in
number than as follows :
Sales up to $300, not more than 10 monthly installments.
Sales $300 to $500. not more than 12 monthly installments.
Sales $500 to $1,000, not more than 18 monthly installments.
Sales over $1,000, not more than 24 monthly installments.
Section 2. A cash discount not exceeding five (5) per cent may be
allowed for cash payment of purchase price of goods with order. A
cash discount, not exceeding two (2) per cent, may be allowed for
payment of an account by the 10th of the month following the date
of purchase. Accounts shall be due and payable at the end of the
month following the month in which the purchase is made.
Article VIII — Trade Practices
Section 1. No member of the trade shall give, permit to be given,
or offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent or representative of
161
another in relation to the business of the employer of such employee,
the principal of such agent, or the represented party, without the
knowledge of such employer, principal or party. Commercial
bribery provisions shall not be construed to prohibit free and general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
above defined.
(a) For the purposes of this Section, physicians, surgeons, and
other professional men and women shall be considered agents or
rej^resentatives of their patients and/or clients when they offer or
recommend the purchase of products of this trade.
Section 2. No member of the trade shall allow secret rebates, re-
funds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or extend to certain purchasers special
services or prices, nor shall a member extend special privileges not
extended to all purchasers of the same class, on like terms and condi-
tions, nor withhold from, or insert in an invoice or contract any
statements which make the invoice or contract a false record, wholly
or in part, of the transaction covered therel^y.
Section 3. No member of the trade shall use advertising which is
inaccurate in any material particular, nor shall a member directly,
by ambiguity or by inference misrepresent merchandise or any sub-
stance used in connection therewith (including, but not limited to
its use, trade-mark, grade, quality, quantity, size, origin, material con-
tent, preparation or curative or therapeutic effect) or credit terms,
values, policies, or services; and no member of the trade shall use
advertising and/or selling methods which tend to deceive or mislead
the customer. Advertising includes all representations of fact or
opinion disseminated in any manner or by any means, including the
labeling of products.
Section 4. No member of the trade shall disseminate, publish, cir-
culate or cause to be disseminated, published or circulated any false
or misleading statement relative to the following :
(a) Any product or price thereof of any member of the trade;
(b) The credit standing or ability of any member of the trade
to perform any work or manufacture, or to produce any products.
Section 5. No member of the trade shall secure or use or cause
to be secured any information concerning the business of any other
member of the trade which is properly regarded by him as a trade
secret or as confidential within his organization, without first obtain-
ing such member's consent. Nothing in this Section shall be con-
strued to include information relating to a violation of any provision
of this Code.
Section 6. No member of the trade shall imitate or simulate any
design, style, brand, trade-mark, slogan, or other means of identifi-
cation owned by any other member of the trade in such a manner as
has the tendency or capacity to mislead or deceive purchasers. In
order to make this provision effective, the Association may provide
for the establishment of an Agency for the registration of surgical
instruments of original and useful design. ^'^
Section 7. No member of the trade shall sell the merchandise of a
manufacturer or wholesaler to another distributor or other purchaser
"Amended — See paragraph 2,(10) of order approving this Code.
162
for resale in a manner to interfere with the regular channels of dis-
tribution, or with approved trade practices of any code governing the
manufacturer or wholesaler thereof, except with the knowledge and
consent of such manufacturer or wholesaler.^^
Section 8. No member of the trade shall induce or attempt to
induce by any means, the breach of an existing contract between a
competitor and his customer or source of supply; nor shall any such
member interfere with or obstruct the performance of such con-
tractual duties or services.
Section 9. No member of the trade shall refuse to sell any of the
products of this trade to another member of the trade or any other
purchaser on the ground, or for the reason that said member of the
trade or such other customer, is not a member of any trade association.
Article IX — Modification
Section 1, This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modifv any order, approval, license, rule or regula-
tion issued under said Act.
Section 2. This Code, except as to provisions required by the Act,
may be modified or amended on the basis of experience or changes
in circumstances, such modifications or amendments to be based upon
application to the Administrator and such notice and hearing as he
shall specify, and to become effective on approval of the Adminis-
trator unless otherwise provided and so long as such approval may
be by law required.
Article X — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases, except such as may be required to meet individual cost,
should be delayed, but when made such increases should, so far as
possible, be limited to actual additional increases in the seller's cost.
Article XII — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 507.
Registry No. 1628-01.
"Deleted — See paragraph 2 (11) of order approving this Code.
o
Approved Code No. 508
CODE OF FAIR COMPETITION
FOR THE
INDUSTRY OF WHOLESALING PLUMBING PROD-
UCTS, HEATING PRODUCTS AND /OR DISTRIB-
UTING PIPE, FITTINGS AND VALVES
As Approved on August 25, 1934
OEDER
Approving Code of Fair Competition for the Industry of Whole-
saling Plumbing Products, Heating Products and/or Distribut-
ing Pipe, Fittings and Valves
An application having been duly made pursuant to and in full
compliance with the provisions of the Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Industry of Wholesaling Plumbing
Products, Heating Products and/or Distributing Pipe, Fittings and
Valves, and hearings having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
80, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act, and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided that
exemption to the provisions of this Code be and is hereby granted to
those members of the Wholesale Hardware Trade who are complying
with the provisions of the Code of Fair Competition for the Whole-
saling and Distributing Trade and the Supplemental Code of Fair
Competition for the Wholesale Hardware Trade pending my further
order; and provided further, that the provisions of Article VIII,
insofar as they prescribe as waiting period of ten days between the
filing with the Code Authority (or such agency as may be desig-
nated in the Code) and the effective date of price lists as originally
82608° 1044-121 34
(103)
164
filed and/or revised price lists or revised terms and conditions of
sale, be and they hereb}^ are stayed pending my further order.
Hugh S. Johnson,
Adininistrator for iTidustrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 25, 1934,.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Industry of Wholesaling Plumbing Products, Heating Products,
and/or Distributing Pipe, Fittings and Valves, a public hearing hav-
ing been conducted thereon in Washington, D.C., October 3, 1933, in
accordance with the provisions of Title I of the National Industrial
Recovery Act.
GENERAL STATEMENT
The proponents of the Code show representation for 1,011 firms
in ten (10) regional associations out of approximately 1,350 firms in
the Industry. In 1932 the volume of business amounted to approxi-
mately $324,000,000 of which the sponsoring members handled about
$259,000,000, or 83 percent of the volume of sales.
HOURS AND WAGES
The Code for this Industry provides for a maximum work week of
forty (40 ) hours with a limitation of eight (8) hours per day and
six (6) days in each seven (7) day period. Exceptions are allowed
in the cases of executives, and to persons in a managerial capacity
who regularly receive not less than thirty-five (35) dollars per week
and to outside Salesmen. Employees engaged as Watchmen may be
permitted to work fifty-six (56) hours per week. The minimum rates
of pay per week of forty (40) hours shall be in the North not less
than $15.00 per week in cities over 500,000 population. $14.50 per
week in Cities of 250,000 to 500,000 and $14.00 per week in any other
place. In the South the rates shall be $1.00 per week lower than the
minimum rates set for the North.
ECONOMIC EFFECT OF THE CODE
Prior to June 16, 1933, this industry worked on an average of
fifty-five (55) hours per week. The adoption of a forty (40) hour
standard work week in this industry represents a reduction in
weekly hours of thirty-four (34) percent of the man hours in this
industry. This reduction in basic hours will provide re-employ-
ment for 6,375 workers or about sixty-one (61) percent of the unem-
ployed workers in this industry. The minimum rates of wages
established in the Code represent the same weekly pay envelopes for
employees for a forty (40) hour week as they formerly received for
a fifty-five (55) hour week in 1933.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter ;
(1C5)
166
I find that :
(a) Said Code is well designed to promote tlie policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of inter-state and foreign
commerce Avhich tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practice, by promoting the fullest possible
utilization of the present production capacity of Industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural joroducts through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects v^^ith the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Indus-
try; and that said group imj)oses no inequitable restrictions on ad-
mission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, this Code of Fair Competition for the Industry
of Wholesaling Plumbing Products, Heating Products, and/or Dis-
tributing Pipe, Fittings and Valves has been approved.
Hugh S. Johnson,
A dininistrator.
August 25, 1934.
CODE OF FAIR COMPETITION FOR THE INDUSTRY OF
WHOLESALING PLUMBING PRODUCTS, HEATING
PRODUCTS AND/OR DISTRIBUTING PIPE, FITTINGS
AND VALVES
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Industry of Wholesaling Plumbing
Products, Heating Products and/or Distributing Pipe, Fittings and
Valves, and shall be the standard of fair competition for such Indus-
try and shall be binding upon every member thereof.
Article II — Definitions
Section 1. The term " Industry of Wholesaling Plumbing Prod-
ucts, Heating Products and/or Distributing Pipe, Fittings and
Valves " or " Industry ", as used herein, includes the performance of
wholesale functions, such as assembling, warehousing and buying
from manufacturers the products defined in Sections 2 and 3 hereof,
and the selling, transferring or distributing of such products, either
directly or indirectly, to retailers, institutional, commercial and/or
industrial users, or to retail divisions, branches or stores for resale
and/or the selling and distributing of pipe, fittings and valves, as
defined in Section 4 hereof, but not including sales of pipe, fittings
and valves by Manufacturers.
Section 2. The term " Plumbing Products ", as used herein, in-
cludes Bath tubs. Lavatories, Sinks, Water Closets, Urinals, Showers,
Drinking Fountains, and all other plumbing fixtures with accessory
and complementary products.
Section 3. The term ' " Heating Products ", as used herein, in-
cludes Heating Boilers, Radiators, with accessory and complementary
products.
Section 4. The term " Pipe "', " Fittings and Valves ", as used
herein, includes Steel, Wrought Iron, Copper, Brass and other metal
pipes with fittings and valves of like materials for the conveyance
and control of water, steam, gas, air and other liquids, but does not
include oil well tubular pipe.
Section 5. The term '' Member of the Industry ", as used herein,
includes any individual, partnership, corporation, or other form of
enterprise engaged in the Industry, either as an employer or on his
or its own behalf.
Section 6. The term " Employee ", as used herein, includes any
and all persons engaged in the Industry, however compensated, ex-
cept a Member of the Industry.
Section 7. The terms " President ", "Act " and "Administrator ",
as used herein, mean respectively the President of the United States,
(167)
168
Title I of the National Industrial Recovery Act and the Adminis-
trator for Industrial Recovery.
Section 8. The term " Joint National Committee ", as used herein,
includes the thirty (30) representatives of the Associations present-
ing this Code and the individual members thereof, or as such Com-
mittee may be augmented by the inclusion of representatives of other
Associations and/or members of this Industry.
Section 9. The term " Wholesaler ", as used herein, includes any
Member of the Industry who performs wholesale functions such as
assembling, warehousing and buying from manufacturers, Plumbing
and/or Heating Products as defined in Article II, Sections 2 and 3,
and who maintains at his or its place of business a stock of such
products in such variety and volume as to meet the installation re-
quirements, in conformity with the building codes and health regu-
lations of the trading areas in V7hich he or it operates and whose
major sales are to Plumbing and Heating Contractors or to Insti-
tutional, Commercial and Industrial Users.
Section 10. The term " Jobber "' and/or " Distributor ", as used
herein, includes any Member of the Industry who buys pipe, fittings
and valves from manufacturers thereof for resale and who maintains
a stock of such products in sufficient quantity and variety to render
normal service.
Section 11. The term " Wholesaler-Retailer ", as used herein,
includes any Member of the Industry who performs wholesale func-
tions such as assembling, warehousing and buying from manufac-
turers of Plumbing Products and/or Heating Products, and who
assigns or sells such products to retail divisions, branches or stores
which thereafter make their major sales to the ultimate consumer.
Section 12. The term " Plumbing Contractor " or " Master
Plumber ", as used herein, is defined as : Any individual who has
passed a satisfactory examination, where required hj law, covering
his technical training and experience in the engineering and manual
aspects of his trade, has a license wdiere required, in conformity
with the requirements of the area in which he operates, or, in areas
where no license is required, is capable of malring a satisfactory
installation under either the " United States Bureau of Standards'
Recommended Minimum Requirements for Plumbing as revised to
Ma}^, 1931 ", or the " Plmnbing Code " approved by the National
Association of Master Plumbers of the United States, Inc., in con-
vention June, 1933, or a firm, corporation or other entity organized
for the purpose of selling and installing plumbing products, any
member, oiRcer, or regular employee of which is qualified as above
provided.
Section 13. The term " Heating Contractor ", as used herein, is
defined as : Any individual, firm or corporation or other form of en-
terprise which conducts a business as such and who holds itself or
himself out as qualified b^ training and experience to install heating,
piping and/or air conditioning equipment, either in connection with
the sale of such equipment or independently thereof.
Section 14. The t^rm " Institutional, Commerciar'and/or InduS'
trial Users " of Plumbing Products, as used herein, is defined as :
The United States Government and the agencies thereof, St»te Gov-
ernments and their political subdivisions, railroads, shipbuilders,
I
169
ship repair yards, and steamship companies or anj-one who pur-
chases PlumJbing Products, on a wholesale quantity basis and who
employs regularly on full time, a properly qualified IMastcr Plumber,
as defined in Section 12 of this Article.
Sectiox 15. (a) The term "Institutional, Commercial and/or
Industrial Users " of Heating Products, as used herein, is defined as:
The United Siates Government and the agencies thereof, State Gov-
ernments, and their political subdivisions, railroads, shipbuilders,
ship repair yards, and steamship companies or anj'one who purchases
heating products on a wholesale quantity basis.
(b) Other classes of purchasers of Heating Products may be so
classified by the Code Authority, subject to approval by the
Administrator.
Section 16. The t'Crm " Consumer ", as used herein, is defined as
one who purchases plumbing and/or heating products for its or his
own ase and not for the purpose of resale, except institutional,
commercial and/or industrial users, as defined in Sections 14 and 15.
Section 17. The term " Manufacturer ", as used herein, includes
anyone engaged in the manufacture of the products of the Industry.
Article III — Houes
Section 1. No employee except as hereinafter provided, shall bo
])ermitted to work more than eight (8) hours in an}^ one day or more
than forty (40) hours in any one week.
Section 2. No Watchman shall be permitted to work in excess of
fifty-six (56) hours in any one week nor more than six (6) days in
any one week.
Section 3. The provisions of this Article shall not apply to per-
sons in a managerial or executive capacity who regularly receive
a salary or guaranteed minimum of $35.00 per week or more, or to
outside salesmen.
Section 4. In case of necessity any emploj^ee may be permitted to
work in excess of his maximum daily and/or weekly hours as speci-
fied in Section 1 of this Article provided that one and one-third
(1%) times his normal rate per hour shall be paid for each hour
worked in excess of said maximum daily and/or weekly hours. In
no case, however, shall any employee be permitted to work more than
eight (8) hours per week in excess of his maximum weekly hours
as specified in Section 1 of this Article, provided, however, that this
exception shall be limited to not more than twelve (12) weeks in
any year.
Section 5. Each Employer shall, as far as practicable, so admin-
ister work in his charge as to provide the maximum continuity of
employment for his personnel.
Section 6. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at v>^ork for
another employer or emj^loyers exceeds the maximum permitted
herein.
Section T. No employee shall be permitted to work more than six
(6) days in any geven (7) day period.
82(iU8° 1044-121 34—2
170
Article IV — Wages
Section 1. The minimum rates of pay per week of forty (40)
hours shall be as follows in cities or the population listed below and
their immediate trade areas:
(a) Over 500,000 population — not less than $15.00 per week.
(b) 250,000 to 500,000 population— not less than $14.50 per week.
(c) Less than 250,000 population — not les3 than $14.00 per week.
(d) In the South at the rate of $1.00 per week less than the rates
specified above in Paragraphs (a), (b), and (c). Population for the
purposes of this Code shall be determined by reference to the 1930
Census of the United States. The South shall include the states of
Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Loui-
siana, Mississippi, New Mexico, North Carolina, South Carolina.
Virginia, Texas, Tennessee and West Virginia.
Section 2. No part-time employee, and no employee paid on an
hourly basis shall be paid less than ±00 per hour. Any employee who
works less than the regular full time weekly hours of labor estab-
lished by his employer shall be considered a part-time employee.
Section 3. (a) Employees with less than three (3) months' ex-
perience in the trade may be paid at the rate of $1.00 less than the
minimum rates prescribed in Section 1 of this Article IV.
(b) Office boys, delivery boys and messengers between the ages of
sixteen (16) and eighteen (18) years inclusive, may be paid at the
rate of $2.00 less per week tlian the minimum rate prescribed, in
Section 1 of this Article.
(c) Junior employees between the ages of sixteen (16) and eight-
een (18) years, and not included in the categories .specified in para-
graph (b) of this section 3, shall be governed by the provisions of
paragraph (a) of this Section 3.
(d) The total number of learners and junior employees as defined
in paragraphs (a), (b) and (c) of this section shall not exceed in
number more than 5% of the total number of employees of guch em-
ployer, provided that each employer may employ at least one (1)
learner or junior employee.
Section 4. The hourly wage rate or salary of all Employees re-
ceiving more than the mininuun rate or salary herein prescribed
shall be equitably adjusted, if such adjustments have not already
been made. No employee now receiving compensation at a rate in
excess of the minimum herein prescribed shall have his weekly
compensation reduced on account of any reduction in weekly hours
of emplo3'ment to conform to requirements of Article III.
Section 5. Each employer shall make payment of all wages due
not otherwise than in lawful currency or by negotiable check there-
for, payable on demand. Ther:e wages shall be exempt from any
payments for pensions, insurance or sick benefits, or any other
deductions by the employer, other than those voluntarily paid by the
wage earner, or required by law. Wages shall be paid at least semi-
monthly, and salaries shall be paid at least monthly. No employer
shall accept any rebate directly or indirectly on such wages or
salaries.
Section 6. A person whose earning capacity is limited because of
age or physical or mental handicap may be employed in light work
171
at a wage below the minimum established by this Code if the em-
ployer obtains from the State Authority designated by the United
States Department of Labor a certificate authorizing his employ-
ment at such wages and for such hours as shall be stated in the
certificate. Such authority shall be guided by the instructions of
the United States Department of Labor in issuing certificates to such
persons.
Each employer shall file monthly with the Code Authority a list
of all such persons employed b}^ him showing the wages paid to, and
the maximum hours of work for such emplo3'ee.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years
cf age shall be emploj^ed at operations or occupations which are
hazardous in nature or dangerous to health. The Code Authority
shall submit to the Administrator within 30 days after the effective
date of this Code a list of siicli operations or occupations. In any
State an Employer shall be deemed to have complied %vith this pro-
vision if he shall have on file a certificate or permit duly issued by
the authority in such State empowered to issue emjjloyment or age
certificates or permits showing that the Employee is one of the
required age.
Section 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing
and shall be free from the interference, restraint or coercion of Em-
ployers of labor or their agents in the designation of such repre-
sentatives or in self-organization or in otlier concerted activities for
the purpose of collective bargaining or other mutual aid or pro-
tection.
(b) No employee and no one seeking employment shall be re-
quired, as a condition of employment, to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
Section 3. Every Member of the Industry shall comply with all
rules and regulations relative to the posting of provisions of this
Code which may from time to time be prescribed by the Adminis-
trator.
Section 4. Employers shall not reclassify Employees or duties or
occupations performed by Employees or engage in any other subter-
fuge so as to defeat the purpose of the Act or the provisions of this
Code.
Section 5. Every Employer shall provide for the safety and health
of his Employees at the place and during the hours of their employ-
ment. Standards for safety and health shall be submitted by the
Code Authority to the Administrator for approval within six (6)
months after the effective date of tliis Code.
Section 6. No employee shall be dismissed or demoted by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code.
172
Section 7. No provisions in this Code sliall supersede any law
within any State which imposes more stringent requirements on
Employers as to age of Employees, wages, hours of work, or as to
safet}', health, sanitary or general working conditions, or insui'ance.
or fire protection, than are imposed by this Code.
Section 8. There may be established by the Administrator an In-
dustrial Relations Board for the Industry consisting of an equal
number of representatives of emploj^ers and emploj^ees to deal with
all matters in the Code relating to labor. Where a majority agree-
ment cannot be reached, the Board shall elect an impartial chairman
to render a decision. If no truly representative labor organization
exists, the employee members of such Board shall be chosen by the
Labor Advisory Board of the National Recovery Administration.
The employer representatives shall be chosen by the Code Authority.
The Industrial Relations Board may establish such subsidiary agen-
cies constituted in like manner as it finds necessary.
Article VI — Administration
ORGANIZATION, POWERS AND DUTIES OF THE CODE AUTHORITY
Section 1. A Code Authority is hereby constituted to administer
this Code and shall consist of thirteen (IB) members, which number
may be enlarged or decreased with the approval of the Adminis-
trator, to be elected as hereinafter provided and in addition thereto
there may be three (3) members, without vote, to be known as Ad-
ministrative Members, to be appointed by the Administrator to serve
for such terms as he may specify.
Section 2. (a) Until the election of the Code Authority, as here-
inafter provided, there shall be a temporary Code Authority, con-
sisting of ten (10) members, who shall be elected by the Joint Na-
tional Committee within ten (10) days aft«r the effective date of this
Code and in addition thereto there may be appointed by the Admin-
istrator four (4) members who shall be Members of the Industry
and who shall not be members of any association represented on the
Joint National Committee, provided however that two (2) of such
appointed members shall be Wholesaler-Retailers and (1) shall be a
Jobber and/or Distributor and one (1) shall be a Wholesaler, and
there may be appointed thereto the Administrative Members as pro-
vided for the Code Authority in Section 1.
(b) Within sixty (60) days after the effective date of this Code,
the Code Authority shall be elected by the Members of the Industry
at an election conducted pursuant to a plan to be submitted by the
temporary Code Authority to the Administrator for his approval.
The plan and method of this election shall be submitted to the Ad-
ministrator by the temporary Code authority within thirty (30)
days after the approval of this Code. Such plan shall provide for
equitable representation of Wholesalers, Wholesaler-Retailers, and
Jobbers and/or Distributors.
Section 3. The Code Authority, subject to the approval of the
Administrator, shall have power to divide and, if necessary, to sub-
divide, the United States into such zones, districts and/or local areas
as, in its judgment, will best facilitate the administration of this
Code and, further, shall have povs'cr to establish and appoint subordi-
173
nate Regional Code Committees for each zone, district or local area
and to delegate to such subordinate Regional Code Committees any
of the powers, duties, and/or functions reposed in the Code Author-
it}^ by this Code. Such Regional Code Committees shall render their
minutes and reports of each of their activities to the Code Authority
for its review and any action of a Regional Code Committee shall be
subject to the approval of the Code Authority. All records and
minutes submitted by such Regional Code Committee shall become
a part of the permanent records of the Code Authority. Each
Regional Code Committee may establish uniform credit terms, sub-
ject to the approval of the Code Authority and the Administrator.
Section 4. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper ; and thereafter, if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Autliority.
Section 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or emplo5'^ee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or non-feasance.
Section 6. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties in addition to those authorized by other provisions
of this Code :
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the Industry with the provisions of
the Act.
^b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from Members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, Members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act to su-ch Federal
and State agencies as he ma;/ designate; provided that nothing in
this Code shall relieve an}^ Member of the Industry of any existing
obligations to furnish reports to any Government agency. No indi-
vidual report shall be disclosed to any other Member of the Industry
or any other party except to such other Governmental agencies as
may be directed by the Administrator. Nothing herein shall be con-
strued to prohibit the publication of general summaries compiled
from such reports.
(d) To use such trade associations and other agencies including
the Regional Code Committees as it deems proper for the carrying
out of any of its activities provided for herein, provided that noth-
ing herein shall relieve the Code Authority of its duties or respon-
174
sibilities under this Code and that such trade associations and
agencies shall at all times be subject to and comply with the provi-
sions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other Codes,
if any, as may be related to or affect Members of the Industry.
(f) It being found necessary to support the Administration of
this Code and to maintain the standards of fair competition estab-
lished hereunder, and to effectuate the policy of the Act, the Code
Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code :
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary;
(a) an itemized budget of its estimated expenses for the foregoing
purposes, and (b) an equitable basis upon which the funds necessary
to support such budget shall be contributed by Members of the
Industry.
(3) After such budget and basis of contribution have be-en ap-
proved by the Administrator, to determine and obtain equitable con-
tributions as above set forth by all Members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
(4) (a) Each member of the Industry shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided (unless duly exempted from making such contribution), shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
(4) (b) The Code Authority shall neither incur nor pay any obli-
gation in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator first obtained;
and no subsequent budget shall contain any deficiency item for ex-
penditures in excess of prior budget estimates except those which the
Administrator shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions to
govern Members of the Industry in their relations with each other
or with other industries, measures for industrial planning, and sta-
bilization of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
Codes as may be related to the Industry for the purpose of formu-
lating fair trade practices to govern the relationships between em-
175
ployers under this Code and under such other codes to the end that
such fair trade practices may be proposed to the Administrator as
amendments to this Code and such other codes.
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules of procedure
and rules to eifect compliance with av/ards and determinations.
Section 7. If the xlclministrator shall determine that any action of
the Code Authority or of any Regional Code Committee or any
agency thereof may be unfair or unjust or contrary to the public
interest, the Administrator may require that such action be sus-
pended to afford an opportunity for investigation of the merits of
such action and further consideration by the Code Authority or
agency pending final action, which shall not be effective unless the
Administrator approves or unless he shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in its original or modified form.
SectiojS- 8. Employment Reports. — (a) Each Employer in this
Industry shall furnish, to a Confidential agent of the Code Author-
ity, when required by the Code Authority, on forms to be furnished
by said Code Authority, a sworn report of the number of persons
employed, wage rates in effect, and hours worked in his plant or
plants, classified by occupations, together with such other sworn
employment reports as the Code Authority may require from time
to time.
(b) Individual reports shall not be available to anyone except
the Administrator and the representatives of the Code Authority
(who shall not be in the employ of any Member of this Industry) ;
provided, however, that in the event of a complaint, the Code
Authority may require all information pertinent to such complaint.
Total figures compiled from such reports shall be available to
Members of the Industry.
Article VII — Trade Practices
The following practices constitute unfair methods of competition
for Members of the Industry and are prohibited :
Sectiok 1 (Discrimination). ^Discriminating in prices, terms, dis-
counts, allowances, guarantees, or in any other way, betvv^een
purchasers of the same class, who purchase in like quantity.
Section 2 (Split Shipments). — Except for a specific building
operation, delivering only portions of orders taken at a quantity
price with the intent, or having the effect of violating published
prices.
Section 3 (Delivery Charges). — Where the published price pro-
vides for an extra charge for parcelpost, cartage, or other transpor-
tation, failing to make such charge.
Section 4 (Rebates). — Paying or allowing rebates, refunds, com-
missions, credits, unearned discounts, whether in the form of money
or otherwise, or extending to certain purchasers special prices, serv-
ices, or privileges not extended to all purchasers of the same class
on like terms and conditions.
Section 5 (Fictitious Dating or Invoicing). — -Post-dating or pre-
dating of quotations, orders, invoices, statements or other sales
176
documents; making fictitious quotations or invoices, or the entering
of fictitious orders.
Section 6 (Inducing Breach of Contract). — Inducing or attempt-
ing to induce the breach of a contract between a competitor and his
customer during the terms of such contract; provided, however, that
nothing in this rule shall prevent a Member of the Industry who
has quoted on the material involved from calling to the attention
of the purchaser, even though the order has been placed and
accepted, that the list of materials for which the order has been
placed does not conform in size, quantity or quality to the mate-
rials on which the quotations were solicited.
Section 7 (Repudiation of Contracts). — Repudiating or attempt-
ing to cancel accepted orders, except for legal cause or by mutual
consent for the purpose or with the effect of avoiding the provisions
of Article VIII, Section 2.
Section 8 (Lump Sum Bidding). — Quoting a total price on any
schedule of plumbing products, heating products and/or pipe, fittings
and valves, which does not show unit prices, or adding to or deduct-
ing from any such schedule on any other basis than the unit price
shown. This shall not be consti'ued to prohibit quantity discounts
applying to units.
Section 9 (False Marking or Branding). — The false marking or
branding of any products of the Industry which has the tendency
to mislead or deceive customers or prospective customers, whether
as to nature, origin, size, finish, grade, quality, quantity, substance,
character or preparation of any product of the Industry, or
otherwise.
Section 10 (Misrepresentation or False or Misleading Advertis-
ing).— Making, causing or knowingly permitting to be made or pub-
lished, any false, materially inaccurate or deceptive statement by
way of advertisement or otherAvise, whether concerning grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the Industry or credit terms, values,
policies, or services of any Member of the Industry, or otherwise,
having the tendency or capacity to mislead or deceive customer or
prospective customers.
Section 11 (Substitution.) Furnishing without the consent of the
purchaser articles of more or less expense, of better or inferior
quality, or of larger or smaller size than specified and without mak-
ing the proper adjustment in the quoted price and clearly indicating
the nature of the substitution.
Section 12 (Defamation). — Defaming competitors, customers or
prospective customers by falsely imputing to them dishonorable
conduct, inability to perform contracts, questionable credit standing,
or by other false representations or by the false disparagement of
the grade or quality of their goods.
Section 13 (Commercial Bribery). — Giving, permitting to give,
or directly offering to give anything of value, for the purpose of
influencing or rewarding the action of any employee, agent, or rep-
resentative of another in relation to the business of the employer
of such employee the principal of such agent or the represented
party, without the knowledge of such employer, principal or party.
i
177
This provision shall not be construed to prohibit free and general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein^
above defined.
Section l-l (Protection). — Selling or offering to sell products of
the Industry under any form of guaranty to a purchaser or prospec-
tive purchaser against either advance or decline in the price of said
products, except for a specific project, or when a contract of sale
for future delivery is made for a definite quantity of such products,
at a definite delivery date.
Section 15 (Threats of Litigation). — Publishing or circulating
threats of suits for infringement of patents or trade marks, or of any
other legal proceedings not in good faith, with the tendency or effect
of harassing competitors or intimidating their customers.
Section 1G (Espionage of Competitors). — Securing confidential
information concerning the business of a competitor by a false or
misleading statement or representation by a false impersonation of
one in authority, by bribery, or by any other unfair method.
Section 17 (Sales at Wholesale Price). — Selling, or offering to sell,
plumbing products or heating products at Wholesale Prices to other
than Plumbing ContractorSj Heating Contractors, Ketail Divisions,
Branches or Stores; or Institutional, Commercial and/or Industrial
users as hereinbefore defined.
Section 18 (Quotations). — Allowing a quotation for a specific
building operation which provides for the acceptance within a speci-
fied time to remain in effect after the time allowed for the acceptance
has expired.
Section 19 (Plans, Specifications, Estimating). — Rendering engi-
neering services (which shall not include estimating), without
remuneration to cover the actual cost of such service; or estimating
quantities, types, sizes, or quality of products of the Industry inac-
curately with the intent and effect of misleading or deceiving cus-
tomers or i^rospective customers.
Section 20 (Second Hand Material). — Selling used or damaged
plumbing products, heating products, and/or pipe., fittings and valves
in the same place of business where new products are sold without
segregating such used and damaged products and clearly identifying
same as such.
Abticle VIII — Marketing Policies and Distribution ^
Section 1 (Invoices). — All sales shall be invoiced at the tirae of
shipment, and such invoices t<3gether with credit memoranda and all
other documents relating to the sale shall clearly and accurately
state all of the essential elements of the sale, including types and
sizes of products, quantities, prices, credit terms, discounts, allow-
ances, date of order, date of acceptance, date of shipment and other
pertinent information. Copies of invoices together with credit mem-
oranda and all other sales documents, shall be available to representa-
tives of the Code Authority who shall not be insthe employ of any
Member of the Industry as and when directed by the Code Authority,
^Sea paragraph 2 of order approving this Code.
178
and in the event of a complaint true copies of invoices, credit memo-
randa and all other sales documents shall be sent immediately to the
Code Authority upon its request.
Section 2 {Publislied Prices). — (a) Each Member of the Industry
shall file with a confidential and disinterested agent of the Code
Authority, identified lists of all of his prices, discounts, rebates,
allowance^ and all other terms or conditions of sale or transfer,
hereinafter in this Article referred to as " price terms ", which lists
shall completely and accurately conform to and represent the indi-
vidual pricing practices of said Member. Said price terms shall in
the first instance be filed within thirty (30) days after the effective
date of this Code. Price terms and revised price terms shall become
effective ten (10) days after receipt thereof by said agent. Im-
mediately upon receipt thereof said agent shall by telegraph or by
other equally prompt means notify said Member of the time of such
receipt. Such lists and revisions, together with the effective time
thereof, shall upon receipt be immediately and simultaneously dis-
tributed to all Members of the Industry and to all of their customers
who have applied therefor and have offered to defray the cost actu-
ally incurred by the Code Authority in preparation and distribution
thereof and be available for inspection by any such customers at
the office of such agent. Such lists shall contain the price terms for
all Plumbing Products, Heating Products and Pipe, Fittings and
Valves as are sold or offered for sale by said Member. Said lists
or revisions or any part thereof shall not be made available to any
person until released to all Members of the Industry and their cus-
tomers, as aforesaid ; provided, that prices filed in the first instance
shall not be released until the expiration of the aforesaid thirty (30)
day period after the approval of this Code. The Code Authority
shall maintain a permanent file of all price terms filed as herein
provided, and shall not destroy any part of such record^ except upon
written consent of the Administrator. Upon request the Code Au-
thority shall furnish to the Administrator or any duly designated
agent of the Administrator copies of any such lists of revisions of
price terms.
(b) When any Member of the Industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
(c) No Member of the Industry shall sell or offer to sell any
products of the Industry except in accordance with such filed price
terms.
(d) No Member of the Industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any Member of the Industry
to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create.
Section 3. The following practices specifically are violations of
Section 2 of Article VIII :
^a) Publishing false or fictitious price lists.
(b) Issuing price bulletins to customers, salesmen, price clerks,
or to branches, divisions, or affiliates of any Member of the Industry
performing retail functions containing other than the pricos cover-
179
in^ such sales, transfers or deliveries, which shall have been pub-
lished as price lists under the preceding section.
Section 4. Subject to the approval of the Code Authority and
the disapproval of the Administrator, the Regional Code Committee
of a trading area may classify certain products as obsolete. In
such instances the published prices shall carry the notation and
invoices for such products shall plainly show the following word-
ing: " Special prices on account of close-out.'^
_ Section 5 (Cost Finding). — The Code Authority shall cause to be
formulated methods of cost finding and accounting capable of use
by all Members of the Industry, and shall submit "such methods to
the Administrator for reyiev/. If approved by the Administrator,
full information concerning such methods shall be made available
to all Members of the Industry. Thereafter, each Member of the
Industry shall utilize such methods to the extent found practicable,
but if any Member of the Industry fails to utilize such methods, such
Member shall make a full disclosure to the Code Authority of the
methods actually employed. If no method of cost finding or "account-
ing is used by a Member of the Industry he shall so advise the Code
Authority. Nothing herein contained shall be construed to permit
the Code Authority, or any agent thereof, or any Member of the
Industry to suggest uniform additions, percentages or differentials,
or other uniform items of costs which -are desigTied to bring about
arbitrary uniformity of costs or prices.
Section 6. (Plumbing and Heating Products.) — Any Member
of the Industry who is also a Member of any other Industry shall
conduct his business in this Industry separately from his busi-
ness in any other Industry by means of separate accounting there-
for. It sh-all constitute unfair competition for any Member of
this Industry, who is also a member of either the retail division of
the Plumbing Industry or of the retail division of the Heating
Industry, to sell, assign or transfer plumbing products and/or heat-
ing products from his business in this Industry to his business in the
retail division of the Plumbing Industry or to his business in the
retail division of the Heating Industry at prices other than as pub-
lished in accordance with Section 2 of this Article.
Section 7 (Costs and Price Cutting). — The standards of fair com-
petition for the Industry v/ith reference to pricing practices are
declared to be as follows :
(a) Wilfully destructive price cutting is an unfair method of com-
petition and is forbidden. Anj^ member of the Industry or of any
other industry or the customers of either may at any time complain
to the Code Authority that any filed price constitutes unfair compe-
tition as destructive price cutting, imperiling small enterprises or
tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within five (5) days
afford an opportunity to the member filing the price to answer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of National Recovery Administration which
shall render a report and recommendation thereon to the Ad-
ministrator.
180
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that considera-
tion should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given products, sale below
the stated minimum price of such product, in violation of Section 8
hereof, is forbidden.
Section 8 (Emergency Provisions). — (a) If the Administrator,
after investigation, shall at any time find both (1) that an emer-
gency has arisen within the Industry adversely affecting small en-
terprises or wages or labor conditions, or tending toward monopoly
or other acute conditions which tend to defeat the purposes of the
Act; and (2) that the determination of the stated minimum price for
a specified product within the Industry for a limited period is nec-
essary to mitigate the conditions constituting such emergency and to
effectuate the purposes of the Act, the Code Authority may cause an
impartial agency to investigate costs and to recommend to the Ad-
ministrator a determination of the stated minimum price of the prod-
uct affected by the emergency and thereupon the Administrator may
proceed to determine such stated minimum price.
(b) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industrial
Recovery Act, he shall publish such price. Thereafter, during such
stated period, no Member of the Industry shall sell such specified
products at a net realized price below said stated minimum price and
any such sale shall be deemed destructive price cutting. From time
to time, the Code Authority may recommend review or reconsideration
or the Administrator may cause any determinations hereunder to be
reviewed or reconsidered and appropriate action taken.
Article IX — Modification
This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of sub-section (b) of Section 10 of the National Industrial Recovery
Act, from time to time to cancel or modify any order, approval,
license, rule or regulation issued under Title I of said Act and
specifically, but without limitation, to the right of the President to
cancel or modify his approval hereof.
Article X — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
Article XI — Effective Date
This Code shall become effective on the tenth day after its ap-
proval by the President.
Approved Cocie No. 508.
Registry No. 1129—3-12.
o
ri.
AMENDMENTS
86360-
Approved Code No. 235 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
TEXTILE PROCESSING INDUSTRY
As Approved on August 6, 1934
ORDER
Modification of Code of Fair Competition for the Textiie
Processing Industry
An application having been duly made pursuant to and in full
•compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modification
of a Code of Fair Competition for the Textile Processing Industry,
and hearings having been duly held thereon and the annexed report
on said modification, containing findings with respect thereto; hav-
ing been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
title of said Act, and do hereby order that said modification be and
it is hereby .approved, and that the previous approval of said Code
is hereby modified to include an approval of said code in its entirety
:as modified. <
Hugh S. Johnson,
Ad77hinistrator for Industrial Recovery.
Approval recommended:
Robert L. Houston,
Division Administrator.
Washington, D.C,
August 6, 193^.
(181)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Hearing covering the Amendments
to the Code of Fair Competition for the Textile Processing Industry,
held in Room A at the Washington Hotel, Washington, D. C, April
20. The Amendments, which are attached, were presented by duly
qualified and authorized representatives of the Industry, complying
with statutory requirements and being the same Agency that origi-
nally submitted the Code.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
PROVISIONS OF THE AMENDMENTS
There are four groups of Amendments as follows :
1. The addition to Article I of new Sections as follows:
Section 9 which defines the term " Division."
Section 10 which defines the term " Member of the Industry."
Section 11 which defines the term "" Member of the Division."
Section 12 which defines the term " Service Charge."
Section 13 which defines the term " Selling Price."
2. Additions to Article III of new Sections as follows:
Section 4 regarding the liability of members of the Code
Authority.
Section 5 which provides for certain further powers and duties
for the Code Authority.
Section 6 which provides for the establishment of the various
divisions of the Industry, and also sets up the machinery whereby
the divisions ma}^ make recommendations to the Code Authority
and the method of voting on these recommendations by the divisions.
3. The addition of a new Article, number VII, as follows:
Section 1 which provides for the registration of productive
machinery.
Section 2 Avhich provides that any division in the Industrj^ may
recommend to the Code Authority a plan for restricting or pro-
hibiting the installation of productive machinery and equipment and
also that the Code Authority shall submit such a plan to the
Administrator.
4. The addition of a new Article, number VIII.
This Article provides certain trade practice rules for the Industr3^
FINDINGS
The Deputy Administrator in his final report to me on said amend- .
ments to said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of thfe
(182)
183
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by i^romoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving the standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments.
For these reasons these amendments have been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 6, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION FOK
THE TEXTILE PROCESSING INDUSTRY
Article I is hereby amended by the addition of new sections, to-
read as follows:
" 9. The term " division " as used herein means a group of mem-
bers of the Industry engaged in the same part or parts of the Indus-
try, which groups are set up in Article III, Section 6 of this Code, or
which may hereafter be set up pursuant to the provisions of such,
section.
" 10. The term " member of the Industry " includes, but with-
out limitation, any individual, partnership, association, corporation
or other form of enterprise engaged in the Industry, either as an
emploj'^er or on his or its behalf, including enterprises operating,
under receivership.
" 11. The term " member of the division " means any member of
the Industry engaged in operations included within the scope of a
particular division herein named or hereafter organized.
" 12. The term " service charge " as used herein means the amount
paid or to be paid to any member of the Industry for any of the
services performed by members of the Industry as defined in Article
I, Section 1, including the actual cost of incidental supplies and
materials furnished by members of the Industry in connection with
such services.
" 13. The term " selling price " as used herein means the amount
paid or to be paid to any member of the Industry for the sale of any
products made and/or distributed by the Industry, as defined in
Article I, Section 1."
Article III is hereby amended by the addition of new sections, to
read as follows :
" 4. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose; nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority; nor shall any member of the Code Authority exer-
cising reasonable diligence in the conduct of the duties hereunder, be
liable to anyone for any act or omission to act under this Code, ex-
cept for his own wilful malfeasance or nonfeasance.
" 5. The Code Authority shall have the following further powers
and duties :
(a) To insure the execution of the provisions of this Code and to
provide, subject to rules and regulations established by the Admin-
istrator, for the compliance of the Industry with the provisions of
the Act; provided, however, that this shall not be construed to de-
prive duly authorized governmental agencies of their power to-
enforce the provisions of this Code or of the Act.
(b) To adopt by-laws, rules and regulations for its procedure and
for the administration and enforcement of the Code.
(184)
185
(c) To use such agencies and to establish such committees as it
deems proper for the carrying out of any of its activities provided
for herein, provided that nothing herein shall relieve the Code
Authority of its duties or responsibilities under this Code and that
such agencies and committees shall at all times be subject to and com-
ply with the provisions hereof, and provided that representatives
designated by the Administrator shall be given full opportunity to
attend all hearings of such agencies and committees.
(d) To co-operate with the Administrator in regulating the use
of any National Recovery Administration Code Insignia solely by
those members of the Industry who are complying with this Code.
(e) To appoint, within six weeks after the effective date, a com-
mittee so constituted as to give consumer and governmental repre-
sentation satisfactory to the Administrator, to make a study with a
view to the establishment of classifications, nomenclature and stand-
ards of quality (grades) of staple products and services of the Indus-
try wherever such standards are deemed feasible. The findings and
recommendations of this committee shall be submitted to the Admin-
istrator, within six months after such hearings and investigations as
he may designate, and upon approval by him shall be made a part
of this Code and be binding upon every member of the Industry.
" 6. (a) The following divisions of the industry are hereby estab-
lished and set up :
Cotton Yarn Dyers and Bleachers
Cotton Yarn Glazers
Cotton Yarn ^lercerizers
Cotton and Wool Yarn Winders, Warpers and Slashers
Ra^'on Yarn Dyers
Rayon Yarn General Converters
Raj^on Yarn Straight Twisters
Novelty Yarn Twisters
Rayon Yarn Winders, Warpers, Slashers and Beamers
Woolen and Worsted Yarn Dyers
Woolen and Worsted Woven Piece Goods Dyers and Finishers
Woolen and Worsted Knitted Piece Goods Dyers and Finishers
Cotton and Rayon Tubular Knit Goods Dyers and Finishers
Raw Stock and Top Dyers
Hosiery Dyers
Hosiery Finishers.
(b) Every member of the Industry who manufactures or sells any
product of the Industry or performs any of the services included in
the Industry'-, shall, as to each product or service, operate under the
rules formulated for the division and/or divisions set up in subdivi-
sion (a) of this section into which such product or service falls, and
shall be a member of that division and/or divisions.
" The Code Authority may, from time to time, with the approval
of the members of the divisions concerned, create new divisions, or
subdivide, combine and/or discontinue divisions, or add new prod-
ucts or services to any division.
"(c) Members of each division of the Industr^^ inay, subject to the
approval of the Code Authority and of the Administrator after such
notice and/or hearing as he may specify, adopt for such division,
and binding upon all members of such division, rules of fair practice
186
and methods of procedure not inconsistent with the provisions of
this Code or of the Act, inchiding, but without limitation, measures
for industrial planning, stabilization of employment, standard sales
contracts, open price provisions, rules for determining costs, and pro-
hibiting the furnishing of services or the selling of products below
prices filed and/or costs.
"(d) Members of each division of the Industry may cause to be
formulated, for such division, an accounting system and/or methods
of cost finding and/or estimating capable of use by all members of
the division. After such system ancl/or methods have been formu-
lated, and when approved by the members of the division pursuant
to subdivision (f) of this section and approved by the Code Au-
thority and the Administrator, full details concerning them shall be
made available to all members of the division and thereafter all
members of the division shall determine and/or estimate costs in
accordance with the principles of such system and/or methods.
"(e) Members of each division of the Industry or part thereof
may determine closing hours for plant operations for such division
or part thereof between the hours of midnight Friday and 6 A.M.
Monday, and after such determination has been approved by the
members of the division pursuant to subdivision (f ) of this section
and approved by the Code Authority, such determination, upon the
approval of the Administrator, shall have the same force and effect
as any other jjrovision of this Code.
"(f) For the purposes of this section each division shall take
action by either :
(1) The affirmative vote of a majority of those attending a meet-
ing of members of such division duly held after adequate prior
notice mailed to all members in such division, provided that no
action shall be taken at such meeting unless at least one-third of
the members of such division are present either in person or by
proxy, or
(2) The affirmative vote of a majority of those voting on ballots
mailed to all members of the division at least ten days prior to the
day on which such ballots are to be counted. No action by mailed
ballot shall be binding unless affirmative ballots are received from
at least one-third of those to whom ballots are mailed."
This Code of Fair Competition is hereby amended by the addi- [
tion of a new Article, number VII, to read as follows :
Article VII
" 1. Within 90 days from the effective date, each member of the [
Industry shall file with such agency as the Code Authority may
designate complete inventory of its productive machinery and equip-
ment in place or otherwise ; owned or on order as of April 1, 1934,
or thereafter installed, in such form as the Code Authority may de- I
termine and only certified to as to its completeness and correctness.
Productive machinery and equipment for this purpose shall be de-
fined by each division and when approved by the Code Authority,
said definitions of productive machinery or equipment for the re-
spective divisions shall be transmitted to each member of the re-
spective divisions to facilitate proper compliance w^ith this provision.
187
"Any changes in inventory filed shall be duly reported and certi-
fied within thirty days of such change.
" 2. Any division in the Industry may recommend to the Code
Authority a plan for restricting or prohibiting the installation of
productive machinery or equipment. After approval of said plan
by a majority of such division, in accordance with the requirements
of the Administrator, the Code Authority shall submit said plan to
the Administrator. If the Administrator, after investigation and
such notice and hearing as he may req^uire, shall find both (1) that
an emergency has arisen within the division adversely affecting small
enterprises or wages or labor conditions, or tending toward monopoly
or other acute conditions which tend to defeat the purposes of the
Act; and (2) that the proposed plan for restricting or prohibiting
the installation of productive machinery and equipment is neces-
sary to mitigate the conditions constituting such emergency and to
effectuate the purposes of the Act, he may approve said plan. Such
a plan ina.y include limitations on the replacement of productive ma-
chinery where the new machinery will have greater productive ca-
pacity than the machinery replaced, and may include recommenda-
tions regarding the disposal of old machinery. After such a plan
has been approved, no member of such division shall install produc-
tive machinery or equipment, except in accordance with the require-
ments thereof."
This Code of Fair Competition is hereby amended by the addi-
tion of an Article, number VIII, to read as follows :
Article VIII — Trade Practice Rules
" The following rules shall govern all members of the Industry,
notwithstanding that divisions of the Industry may hereafter adopt
fair trade practice rules to govern said divisions :
"1. False Billing. — No member of the Industry shall knowingly
withhold from or insert in any quotation, contract, or invoice any
statement which makes it inaccurate in any material particular.
" 2. Dating. — No invoice shall be dated later than the actual date
of shipment.
" 3. Guarantee of Service Charge or Selling Price. — No member
of the Industry shall guarantee any service charge or selling price
against either advance or decline or give a customer an option for
services to be performed or goods to be sold which would have the
same effect.
" 4. Commercial Bribery. — No member of the Industry shall give,
permit to be given, or directly offer to give anything of value for
the purpose of influencing or rewarding the action of any employee,
agent or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the repre-
sented party, without the express consent of such employer, principal,
or party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
" 5. Rebates and Allowances. — No member of the Industry shall
secretly offer or make any payment or allowance of a rebate, refund,
188
commission, credit, unearned discount or excess allowance, whether
in the form of money or otherwise, nor secretly offer or extend to
any customer any special service or privilege not extended to all
customers of the same class.
" 6. Inaccurate reference to coTn/petitors. — No member of the
Industry shall make any statements, whether published or otherwise^
which refer inaccurately in any material particular to any competi-
tors or their goods, prices, values, credit, terms, policies, or service.
" 7. Inducing breach of contract. — No member of the Industry
shall attemjDt to induce the breach of a contract between a competitor
and his customer, or source of supply; nor shall any member inter-
fere with or obstruct the performance of such contractual duties or
services.
" 8. Misrepresentation. — No member of the Industry shall publisL
advertising (whether printed, radio, display, or of any other nature) J
which is misleading or inaccurate in any material particular, nor "
shall any member in any way misrepresent any service or product
(including but without limitation its use, trade mark, grade, quality,
origin, size, substance, character, nature, finish, material, content, or
preparation) or credit terms, values, policies, services, or the nature
or form of the business conducted.
" 9. Inducing violation of the code. — No member of the Industry
shall induce or participate in inducing any member of the Industry
to violate any provisions of this Code."
Approved Code No. 235 — Amendment No. 3.
Registry No. 29^1-13.
Approved Code No. 78 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
NOTTINGHAM LACE CURTAIN INDUSTRY
As Approved on August 7, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Nottingham Lace Curtain Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion of a Code of Fair Competition for the Nottingham Lace Cur-^
tain Industry, and an opportunity to file objections thereon having
oeen given and the annexed report on said modification, containing
findings with respect thereto, having been made and directed to the
-Pl*GSlClGIlt *
NOW, THEREFORE, on behalf of the President of the United
■States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as^
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified, such approval and such modification to take
effect ten (10) days from the date hereof, unless good cause to the
contrar}'- is shown to the Administrator before that time and the
Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Achninistrator for Industrial Recovery.
Approval recommended:
Robert L. Houston,
Division Adrninistrator.
Washington, D.C,
August 7, 193Jf.
(189)
REPORT TO THE PRESIDENT
The President.
The 'White House.
Sir: I have the honor to submit herewith an amendment to the
Code of Fair Competition for the Nottingham Lace Curtain In-
dustry. The amendment, which is attached, was presented by the
Code Authority.
Notice of opportunity to file objections to this amendment was
given and no objections were received.
The amendment provides that Article XIII shall be -added to the
Code, making the payment of the expenses of code administration
mandatory upon all members of the Industry in accordance with the
rules and regulations of the Administrator.
FINDINGS
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all proceedings in this matter :
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate '
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole,
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended as not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(190)
191
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For the above reasons this amendment has been approved by me.
Respectfully,
Hugh S. Johnson,
Adrrdnistrator.
August 7, 1934.
»
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE NOTTINGHAM LACE CURTAIN INDUSTRY
The Code shall be amended by adding Article XIII :
" 1. It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
•established hereunder and to effectuate the policy of the Act, the,
Code Authority is authorized :
" (a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
"(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
" 2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contribut-
ing to the expenses of its administration as hereinabove provided,
unless duly exempted from making such contributions, shall be en-
titled to participate in the selection of members of the Code Au-
thority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
" 3. The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved."
Approved Code No. 78 — Amendment No. 1.
Registry No. 226-1-04.
(192)
Approved Code No. 307 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
STAY MANUFACTURING INDUSTRY
As Approved on August 7, 1934
OKDER
Approving Amendment of Code of Fabr Competition for the
Stay Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Stay Manufacturing
Industry, and notice of opportunity to be heard having been duly
given thereon and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to tho
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find said amendment and the Code as consti-
tuted after being amended comply in all respects with the pertinent
provisions and will promote the policy and purposes of said Title of
said Act, and do hereby jrder that said amendment be and it is here-
by approved, and that the previous approval of said Code is hereby
modified to include an approval of said Code in its entirety as
amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Geo. L. Berry,
Division Administrator.
Washington, D.C,
August 7, 19S4.
(193)
REPORT TO THE PRESIDENT
The President,
The White Bouse.
Sir : This is a report on the amendments to the Code of Fair Com-
petition for the Stay Manufacturing Industry, which has been sub-
mitted in accordance with Executive Order No. 6678.
This amendment enables the Code Authority to incur such reason-
able obligations as are necessary to support the administration of the
code and to maintain the standards of fair competition established by
this code. It also enables the Code Authority to submit an itemized
budget, and an equitable basis upon which the funds necessary to
support such budget shall be contributed by the members of the
industry. Such contributions are made mandatory by this amend-
ment.
The Deputy Administrator in his final report to me on said amend-
ment to said code, having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendments to said code and the code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action among trade groups, by inducing and maintaining
united action of labor and management under adequate governmental
sanction and supervision, by eliminating unfair competitive prac-
tices, by promoting the fullest possible utilization of the present
productive capacity of the industries, by avoiding undue restrictions
of production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemployment,
by improving standards of labor, and by otherwise rehabilitating
industry.
(b) The code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendments and the code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(194)
195
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said amendments.
For these reasons the amendments have been approved.
KespectfuUy,
Hugh S. Johnson,
Administrator.
August T, 1934.
86360—34-
MODIFICATION OF CODE OF FAIE COMPETITION FOE
THE STAY MANUFACTURING INDUSTRY
The following shall be substituted for Article VI, Section 5 :
1. It being found necessary to support the Administration of this
Code, in order to effectuate the policy of the Act and to maintain the
standards of fair competition established hereunder, the Code
Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meat such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary :
(1) An itemized budget of its estimated expenses for the foregoing
purposes, and
(2) An equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the Industry
entitled to the benefits accruing from the maintenance of such
standards, and the administration thereof;
(c) After such budget and basis of assessment have been approved
by the Administrator, to determine and collect equitable assessments
as set forth, and to that end, if necessary, to institute legal proceed-
ings therefor in its own name.
(d) Each member of the Industry shall be liable for his or its
equitable assessment to the expense of the maintenance of the Code
Authority as hereinabove provided.
(e) Only members of the Industry complying with the Code and
contributing to the expenses of its administration as provided in
Section 3 hereof (unless duly exempted from making such contribu-
tion) shall be entitled to participate in the selection of members of
the Code Authority or to make use of any emblem or insignia of the
National Recovery Administration.
(f) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
Approved Code No. 307 — Amendment No. 1.
Registry No. 1655-01.
(196)
Approved Code No. 226 — Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
As Approved on August 8, 1934
ORDER
Modification of Code of Fair Competition for the Light Sewing
Industry Except Garments
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion of a Code of Fair Competition for the Light Sewing Industry
Except Garments, and an opportunity to file objections thereon hav-
ing been given and the annexed report on said modification, con-
taining findings with respect thereto, having been made and directed
i"o ^fip x^rpsirlGiit '
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
Hugh S. Johnson,
Ad/ministratoT for Industrial Recovery.
Approval recommended:
Robert L. Houston,
Division Administrator.
Washington, D.C,
August 8, 1934.
(197)
KEPOKT TO THE PKESIDENT
The President,
The 'White House.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Light Sewing Industry Except Garments. The
amendment which is attached, was presented by tne Divisional Com-
mittee for the Quilting Division.
Notice of opportunity to be heard was given, and all objections
received were given consideration.
The amendment defines " dropped lines " and " seconds ", and pro-
hibits their sale except during the months of January and August.
FINDINGS
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all proceedings in this matter ;
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
govermental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Divisional Committee to present the
aforesaid amendment on behalf of the Division as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(198)
199
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said amendment.
For the above reasons this amendment has been approved by me.
KespectfuUy,
Hugh S. Johnson,
A dminis trator.
August 8, 1934.
k
AMENDMENT TO CODE OF FAIK COMPETITION FOE THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
The third paragraph, Section 2, Article 11, of the Supplemental
Provisions for the Quilting Division, Division No. 4, of the Light
Sewing Industry Except Garments shall be amended to read as
follows :
" ' Dropper lines ' and/or ' seconds ' shall be sold and/or shipped
only during the months of January and August of any calendar year
and ' dropped lines ' and/or ' seconds ' cannot be sold or shipped at
any other time.
" For the purpose of this Section ' seconds ' are finished products
which have been danlaged during the process of manufacturing
quilts and quilting products, including misprints ; and ' dropped
lines ' are merchandise where the color assortment is not complete or
where the merchandise has proved unsalable."
Approved Code No. 226 — ^Amendment No. 5.
Registry No. 299-50.
(200)
Approved Code No. 378 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PEANUT BUTTER INDUSTRY
As Approved on August 8, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Peanut Butter Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Peanut Butter In-
dustry, and opportunity to be heard having been afforded all mem-
bers of said Industry and any objections filed having been duly
considered, and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment be, and
it is hereby approved, and that the previous approval of said Code
is hereby amended to include an approval of said Code in its entirety
as amended.
Hugh S. Johnson,
Administrator for Indxistrial Recovery.
Approval recommended.
Aemin W. Riley,
Division Administrator.
Washington, D.C,
August 8, 1934.
(201)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on an amendment of Section 5, Part A of
Article VI of the approved Code of Fair Competition for the Peanut
Butter Industry, number 378. This Code was approved by me on
April 4, 1934.
Pursuant to Executive Order No. 66T8, dated April 14, 1934, the
Code Authority for the Peanut Butter Industry, in accordance with
Section 2 of Article IX of said Code, having found it necessary in
order to support the administration of this Code and to maintain
standards of fair competition, established by this Code, and to
effectuate the policies of the Act, has made application for an amend-
ment of said Code in order to provide for a method of assessment
and to support the expense of the administration of this Code.
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The amendment to said code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of the industry for the pur-
pose of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry,
(b) The Code as amended complies in all respects with the per-
tinent provision of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(202)
203
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendments.
In accordance with Executive Order No. 6678, dated April 14, 1934,
the amendment of this Code has been approved by me.
Kespectfully,
Hugh S. Johnson,
Administrator.
August 8, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PEANUT BUTTER INDUSTRY
Delete Section 5, Part A of Article VI, and insert in lieu thereof
the following:
1. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in rust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the industry;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the industry complying with the code and contributing to
the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled
to participate in the selection of members of the Code Authority
or to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, except upon approval of the Administrator;
and no subsequent budget shall contain any deficiency item for
expenditures in excess of prior budget estimates except those which
the Administrator shall have so approved.
Approved Code No. 378 — Amendment No. 2.
Registry No. 13&-02.
(204)
Approved Code No. 84L — ^Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
POWER AND GANG LAWN MOWER MANUFACTUR-
ING INDUSTRY
As Approved on August 8, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Power and Gang Lawn Mower Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Supplementary Code of Fair Competition for the Power
and Gang Lawn Mower Manufacturing Industry, and opportunity
to be heard having been noticed and the annexed report on said
amendment, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial ilecovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Supple-
mentar}^ Code as constituted after being amended comply in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and do hereby order that said
amendment be and it is hereby approved, and that the previous
approval of said Supplementary Code is hereby modified to include
an approval of said Supplementary Code in its entirety as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator,
Washington, D.C,
August 8, 1934.
(205)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Amendment to Section 7 (f) of Ar-
ticle III of the Code of Fair Competition for the Power and Gang
Lawn Mower Manufacturing Industry, submitted by the Supple-
mentary Code Authority of this Industry in accordance with the
provisions of Article VII of said Supplementary Code approved
March 26, 1934.
GENERAL STATEMENT
This Amendment is submitted by the Supplementary Code Au-
thority of the Industry in order that the Supplementary Code may
conform to the provisions of Administrative Order No. X-36, ap-
proved on May 26, 1934, governing the collection of expenses of Code
Administration.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said Amendment to said Supplementary Code having found as herein
set forth and on the basis of all the proceedings in this matter :
I find that :
(a) Said Amendment to said Supplementary Code and the Sup-
plementary Code as amended are well designed to promote the poli-
cies and purposes of Title I of the National Industrial Recovery Act,
including removal of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof and
will provide for the general welfare by promoting the organization
of industry for the purposes of cooperative action of labor and man-
agement under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and bv otherwise rehabilitating industry.
(b) The Supplementary Code as amended complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) oi
Section 7, and Subsection (b) of Section 10 thereof.
(c) The Supplementary Code empowers the Supplementary Code
Authority to present the aforesaid Amendment on behalf of the
Industry as a whole.
(206)
207
(d) The Amendment and the Supplementary Code as amended
are not designed to and will not permit monopolies or monopolistic
practices.
(e) The Amendment and the Supplementary Code as amended
are not designed to and will not eliminate or oppress small enter-
prises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Amendment.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
AUGTTST 8, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE POWER AND GANG LAWN
MOWER MANUFACTURING INDUSTRY
The following provisions to be substituted in lieu of Section T (f )
of Article III :
7 (f) 1. It being found necessary in order to support the admin-
istration of this Supplementary Code and to maintain the standards
of fair competition established hereunder and to effectuate the
policy of the Act, the Supplementary Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes, and to meet such obli-
gations out of funds which may be raised as hereinafter pro-
vided and which shall be held in trust for the purposes of the
Supplementary Code.
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Industry.
(c) After such budget and basis of contribution has been ap-
proved by the Administrator, to determine and obtain equitable
contributions as above set forth by all members of the Industry,
and to that end, if necessary, to institute legal proceedings
therefor in its own name.
2. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Supplementary
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the Industry complying with the Supple-
mentary Code and contributing to the expenses of its administration
as hereinabove provided, unless duly exempted from making such
contributions, shall be entitled to participate in the selection of
members of the Supplementary Code Authority or to receive the
benefits of any of its voluntary activities or to make use of any
emblem or insignia of the National Recovery Administration.
3. The Supplementary Code Authority shall neither incur nor pay
any obligations substantially in excess of the amount thereof as
estimated in its approved budget, except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 84L — Amendment No. 1.
Registry No. 1399^05.
(208)
Approved Code No. 44 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
BOOT AND SHOE MANUFACTURING INDUSTRY
As Approved on August 9, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Boot
AND Shoe Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the previsions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Boot and Shoe Manu-
facturing Industry, and notice of opportunity to be heard having
been duly given thereon and the annexed report on said amend-
ment, containing findings with respect thereto, having been made and
(i 1 7'Ppi"'Prl i"o i" n p T^T*pmrlpTir *
NOW, THEREFORE, 'on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division Administrator.
Washington, D.C,
August 9, 1934.
(209)
REPORT TO THE PRESIDENT
The President,
The 'White House.
SiE : This is a report on the amendment to the Code of Fair Compe-
tition for the Boot and Shoe Manufacturing Industry, which has
been submitted in accordance with Executive Order No. 6678.
This amendment enables the Code Authority to incur such rea-
sonable obligations as are necessary to support the administration of
the code and to maintain the standards of fair competition established
by this code. It also enables the Code Authority to submit an
itemized budget, and an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by the members of
the industry. Such contributions are made mandatory by this
amendment.
The Deputy Administrator in his final report to me on said.amend-
ment to said code, having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that:
(a) The amendments to said code and the code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The code as amended complies in all respects with the pertinent
provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendment and the code as amended are not designed \f>
and will not permit monopolies or monopolistic practices.
(e) The amendment and the code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(210)
211
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons the amendment has been approved.
KespectfuUy,
Htjgh S. Johnson,
Adrrdnistratc/r.
August 9, 1934.
86360—34
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
BOOT AND SHOE MANUFACTURING INDUSTRY
The following shall be substituted for Article VII, Section 1:
1. It being found necessary to support the administration of this
Code, in order to effectuate the policy of the National Industrial
Recovery Act and to maintain the standards of fair competition
established hereunder, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which shall be held in trust for the purposes of the
Code and raised as hereinafter provided.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary:
(1) An itemized budget of its estimated expenses for the fore-
going purposes, and
(2) An equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the Industry
entitled to the benefits accruing from the maintenance of such
standards, and the administration thereof ;
(c) After such budget and basis of assessment have been ap-
proved by the Administrator, to determine and collect equitable
assessments as set forth, and to that end, if necessary to institute
legal proceedings therefor in its own name.
(d) Each member of the Industry shall be liable for his or its
equitable assessment to the expense of the maintenance of the Code
Authority as hereinabove j^rovided.
(e) Only members of the Industry complying with the Code and
contributing to the expenses of its administration as provided in
Section 1 hereof (unless duly exempted from making such contri-
bution) shall be entitled to participate in the selection of members
of the Code Authority or to make use of any emblem or insignia of
the National Recovery Administration.
(f ) The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget ; and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the Adminis-
trator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 44 — Amendment No. 1
Registry No. 904-1-05.
(212)
Approved Code No. 97 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
BUFFING AND POLISHING COMPOSITION
INDUSTRY
As Approved on August 9, 1934
ORDER
Apppo^TNG Modification of Code of Fair Competition for the
Buffing and Polishing Composition Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifi-
cation to a Code of Fair Competition for the Buffing and Polishing
Composition Industry, and opportunity to be heard thereon having
been duly noticed, and the annexed report on said modification, con-
taining findings with respect thereto, having been made and directed
to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference, said annexed
report and do find that said modification and the Code as constituted
after being modified comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said modification be and it is
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as modified, such approval and such modification to take effect
ten (10) days from the date hereof, unless good cause to the contrary
is shown to the Administrator before that time and the Adminis-
trator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 9, 193^.
(213)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Modification of the Code of Fair
Competition for the Buffing and Polishing Composition Industry to
include Executive Order of April 14, 1934, relating to collection of
expenses of Code Administration. This Modification was proposed
in accordance with Article IX of the Code as approved November
4, 1933 and Notice of Opportunity to be Heard was given from
July 19 to August 2, 1934.
FINDINGS
The Deputy Administrator in his final report to me on said Modi-
fication to said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that:
(a) The Modification to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
govermental sanction and supervision by eliminating competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restrictions
of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Modification and the Code as modified are not designed to
and will not permit monopolies or monopolistic practices.
(d) The Modification and the Code as modified are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Modification.
(214)
215
For these reasons, these Modifications have been approved by me,
subject, however, to a ten day waiting period as provided in the
Order of Approval.
Kespectfully,
Hugh S. Johnson,
Adininistrator.
August 9, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION
FOR THE BUFFING AND POLISHING COMPOSITION
INDUSTRY
Purpose
Pursuant to Article IX of the Code of Fair Competition for
the Buffing and Polishing Composition Industry, duly approved
by the Administrator on November 4, 1933, and further to effectuate
the policies of Title I of the National Industrial Recovery Act, the
following modification is established as a part of said Code of Fair
Competition and shall be binding upon every member of the Buffing
and Polishing Composition Industry.
MODIFIOATION
Modify Article VI by deleting Section 1 (b), and substituting
in lieu thereof the following:
Section 1 (b) (1) It being found necessary in order to support
the administration of this code and to maintain the standards of
fair competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized :
a. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code :
b. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and, (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of the
Industry :
c. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribution
as above set forth by all members of the Industry, and to that end,
if necessary, to institute legal proceedings therefor in its own name.
(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled
to participate in the selection of members of the Code Authority
or to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
(216)
217
(3) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
Administrator ; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 97 — Amendment No. 1.
Registry No. 10CM)1.
Approved Code No. 347J — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
MECHANICAL LUBRICATOR INDUSTRY
As Approved on August 8, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Competi-
tion FOR the Mechanical Lubricator Industry
A division of the machinery and allied products industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Supplemental Code of Fair Competition for the Me-
chanical Lubricator Subdivision of Machinery and Allied Products
Industry, and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference said annexed re-
port and do find that the said amendment and the Supplemental
Code as constituted after being amended comply in all respects with
the pertinent provisions and will promote the policy and purposes
of said Title of Said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of said
Supplemental Code is hereby modified to include an approval of
said Supplemental Code in its entirety as amended, such approval
and such amendment to take effect fifteen (15) days from the date
hereof, unless good cause to the contrary is shown to the Admin-
istrator before that time and the Administrator issues a subsequent
order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 9, 1921^.
(219)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery-
Act for an amendment of Article V of the Supplemental Code of
Fair Competition for the Mechanical Lubricator Subdivision of
Machinery and Allied Products Industry, by the temporary Code
Authority of that Subdivision.
The Code of Fair Competition for the Machinery and Allied
Products Industry provides in Article VI, Section (g) as follows :
"A Code Authority is hereby constituted for each Subdivision to
administer, supervise and facilitate the enforcement of this Basic
Code in the manner and to the extent hereinafter provided in this
Article, and of such Supplemental Code as may be submitted here-
after by a Subdivision and approved by the Administrator.
" During the period not to exceed sixty (60) days following the
effective date of this Code, the governing body of the trade associa-
tion (member of the applicant) representing the employers within
the Subdivision, shall constitute a temporary Code Authority. The
Administrator, in his discretion, may appoint one additional mem-
ber (without vote and without expense to the industry).
" Within said sixty (60) day period each such temporary Code
Authority shall call a meeting, to which all known members in the
particular Subdivision concerned shall be invited, at which meeting
the following action shall be taken :
" 1. Adoption of procedural rules and regulations for the election,
organization and operation of a permanent Code Authority.
" 2. Election of permanent Code Authority.
" Each permanent Code Authority shall consist of not less than
three (3) nor more than nine (9) representatives of employers in the
Subdivision. The Administrator in his discretion may appoint one
additional member (without vote and without expense to the Subdi-
vision).
" Each such Code Authority may adopt such rules for the conduct
of the Code Activities of the Subdivision as are not inconsistent with
the provisions of this Code.
"Action by employers in any Subdivision meeting for the election
of Code Authority shall be by vote of the employers entitled to vote
as provided in Section (d) hereof, each such employer to have one
vote only. Action by employers in any Subdivision meeting for the
adoption of procedural rules, submission of a Supplemental Code or
revisions or additions thereto, or the transaction of other business in
such Subdivision under this Code, shall be by vote of the employers
in such Subdivision who are entitled to vote thereat as provided in
Section (d) hereof and are present in person or by proxy duly
(220)
221
executed and filed with Code Authority of such Subdivision, cast and
computed in the manner provided in Section (d) hereof for \^oting
in the Industry, except that employers in any Subdivision may pre-
scribe such other method of voting as they may determine upon with
the approval of the Administrator.
" The foregoing provisions of this Section (g) shall apply to any
Subdivision only in the event and so long as there shall be no Supple-
mental Code for such Subdivision approved by the Administrator
in the event that such approved Supplemental Code shall fail to
contain provisions for the creation and operation of a permanent
Code Authority."
A Code Authority for the Mechanical Lubricator Subdivision of
Machinery and Allied Products Industry was elected in accordance
with the Basic Code of Machinery and Allied Products Industry as
outlined above, before the Supplemental Code for this Subdivision
was approved. Since the Supplemental Code for this Subdivision,
approved June 4, 1934, does not contain provisions for recognizing
the Code Authority elected in accordance with the provisions of the
Basic Code, an application has been made by the temporary Code
Authority for this Subdivision for an amendment to said Supplemen-
tal Code, which, when approved, will legalize the first permanent
Code Authority elected as shown above. For elections after the
first, the provisions of this Supplemental Code for the election of
a permanent Code Authority shall apply.
The Assistant Deputy Administrator in his final report to me on
said amendment to said Supplemental Code having found as herein
set forth and on the basis of all the proceedings in this matter :
I find that :
(a) The amendment to said Supplemental Code and the Supple-
mental Code as amended are well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act,
including the removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof,
and will provide for the general welfare by promoting the organi-
zation of industry for the purpose of cooperative action among trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanction and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) The Supplemental Code as amended complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7 and Subsection (b) of Section 10 thereof.
(c) The Mechanical Lubricator Association was and is a trade
association truly representative of the aforesaid Subdivision and
that said association imposed and imposes no inequitable restrictions
on admission to membership therein and has applied for or consents
to this amendment.
222
(d) The amendment and the Supplemental Code as amended are
not designed to and will not permit monopolies or monopolistic
practices.
(e) The amendment and the Supplemental Code as amended are
not designed to and will not eliminate or oppress small enterprises
and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, I have approved this amendment to
become effective fifteen (15) days from the date of the Order unless
good cause to the contrary is shown to me before that time and I
issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Administrator,
August 9, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE MECHANICAL LUBRICATOR
INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
c. Change caption of Article V, Section (c) to read Article V,
Section (c) 1, and insert the following as Subsection 1:
" This Subdivision having held an election for a permanent Code
Authority under the provisions of the Code of Fair Competition
for the Machinery and Allied Products Industry, the Code Author-
ity so elected shall constitute the first permanent Code Authority
for this Subdivision, if this election meets with the approval of the
Administrator. If this election does not meet with the approval of
the Administrator, then the provisions hereinbelow provided, shall
apply for the election of the first permanent Code Authority. For
elections after the first, the provisions of this Supplemental Code
for election of a permanent Code Authority shall apply."
b. The present Article V, Section (c), to become Article V,
Section (c), Subsection 2.
Approved Code No. 347J — Amendment No. 1.
Registry 1318-04.
(223)
Approved Code No. 370 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
OPEN PAPER DRINKING CUP AND ROUND NEST-
ING PAPER FOOD CONTAINER INDUSTRY
As Approved on August 9, 1934
ORDEE
Approving Modification of Code of Fair Competition for the
Open Paper Drinking Cup and Round Nesting Paper Food Con-
tainer Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a modi-
fication to a Code of Fair Competition for the Open Paper Drink-
ing Cup and Round Nesting Paper Food Container Industry, and
due notice and opportunity to be heard having been given thereon
and the annexed report on said modification, containing findings
with respect thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Re-
covery, pursuant to authority vested in me by Executive Orders
of the President, including Executive Order No. 6543-A, dated De-
cember 30, 1933, and otherwise ; do hereby incorporate, by reference,
said annexed report and do find that said modification and the Code
as constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified. Provided, however, that Section 11 of Article
II be and it is hereby deleted.
Hugh S. Johnson,
Administrator for Industrial Recovery,
Approval recommended:
Geo. L. Berry,
Division Administrator.
Washington, D.C.
August 9, 1934.
(225)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on a modification of the Code of Fair Com-
petition for the Open Paper Drinking Cup and Round Nesting
Paper Food Container Industry which was approved by you on
March 26, 1934.
The effect of this amendment will enable the Code Authority to
submit a budget and basis of assessment and give it the power to
institute legal proceedings, if necessary, for the collection of said
assessments.
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modification of said Code and the Code as Modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair compet-
itive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The modification and the Code as modified are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modification.
(f ) The Code empowers the Code Authority to present the amend-
ment on behalf of the Industry as a whole.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 9, 1934.
(226)
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE OPEN PAPER DRINKING CUP AND ROUND NEST-
ING PAPER FOOD CONTAINER INDUSTRY
Assessment modification to be substituted for Article II, Section 9 :
9 (a). It being found necessary in order to support the Adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided, and which
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end. if necessary, to institute legal proceedings therefor in its
own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such contribution, shall be
entitled to participate in the selection of members of the Code Au-
thority or to receive the benefits of any of its voluntary activities, or
to make iLse of any emblem or insignia of the National Recovery
Administration.
(c) The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval by the Admin-
istrator ; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates, except those
which the Administrator shall have so approved.
Approved Code No. 370 — Amendment No. 1.
Registry No. 406-12.
86360—34 — —5 (227)
Approved Code No. 287 — Amendment No. 7
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
GRAPHIC ARTS INDUSTRIES
As Approved on August 10, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Graphic Arts Industries
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Graphic Arts Industries,
and hearings having been duly held thereon and the annexed report
on said amendment, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that the previous ap-
proval of said Code is hereby modified to include an approval of
said Code in its entirety as amended.
Hugh S. Johnson,
Ad/niinistrator for Industrial Recovery.
Approval recommended :
George Buckley,
Division Administrator.
Washington, D.C,
August 10, 193 Ji.
(229)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the proposed amendment to the Code of
Fair Competition for the Graphic Arts Industries as approved by
you on February 17, 1934, The proposed amendment is to be added
to Article I, Section 3 (e) of the Code. It was noticed for oppor-
tunity to be heard on June 30, 1934. No criticisms of, objections to
or su<>oestions concerning;: this modification were submitted to the
Administration within the time limit allowed by the notice of oppor-
tunity to be heard, which expired on July 13, 1934.
The amendment <2:ives the Code Authorities under the Graphic
Arts Code the power to collect assessments, and makes it a violation
of the Code for an establishment to fail to pay such assessments when
the budget and basis of contribution of a Code Authority has been
approved by the Administrator.
The proposed amendment does not in any way affect the labor
provisions of the Graphic Arts Code.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tiye practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(c) The Nation^il Graphic Arts Coordinating Committee was and
is the highest governing body of the Graphic Arts Code and truly
representative of the aforesaid industry, and has applied for this
amendment.
(230)
231
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
I believe the amendment to be fair to labor, to the consumer, and
to the industry, and for these reasons, therefore, I approve this
amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 10, 1934.
AMENDMENT TO CODE OF FAIK COMPETITION FOK THE
GRAPHIC ARTS INDUSTRIES
Amendment to be added to Article I, Section 3, Paragraph (e) :
1. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, each National
Code Authority is authorized :
(a) To incur, as to matters within its jurisdiction, such reasonable
obligations as are necessary and proper for the foregoing purposes
and to meet such obligations out of funds which may be raised as
hereinafter provided and which shall be held in trust for the pur-
poses of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary (1)
an itemized budget of its estimated expenses for the foregoing pur-
poses, and (2) an equitable basis upon which the funds necessary to
support such budget shall be contributed by establishments within its
jurisdiction ;
(c) After such budget and basis of contribution have b?en ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all establishments within its juris-
diction, and to that end, if necessary, to institute legal proceedings
therefor in its own name.
2. Each establishment shall pay its equitable contribution to the
expenses of the maintenance of the National Code Authority, deter-
mined as hereinabove provided, and subject to rules and regulations
pertaining thereto issued by the Administrator, Only establish-
ments complying with the code and contributing to the expenses of
its administration as hereinabove provided (unless duly exempted
from making such contribution), shall be entitled to participate in
the selection of members of the National Code Authority or to receive
the benefits of any of its voluntary activities or to make use of any,
emblem or insignia of the National Recover}^ Administration.
3. No National Code Authority shall either incur or pay any
obligation substantiallj' in excess of the amount thereof as estimated
in its approved budget ; and no National Code Authority shall in
any event exceed the total amount contained in the approved budget
except upon approval of the Administrator ; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator
shall have so approved.
ADproved Code No. 287 — Ameiidmeiit No. 7.
Registry No. 599-P..S.
(232)
Approved Code No. 319 — ^Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
NEWSPAPER PRINTING PRESS INDUSTRY
As Approved on August 10, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Newspaper Printing Press Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion of a Code of Fair Competition for the Newspaper Printing
Press Industry, and as contained in a Published Notice of Oppor-
tunity to Be Heard, Administrative Order No. 319-4, dated July 5,
1934, and no objections having been filed as provided in said Pub-
lished Notice, and the annexed report on said modifications, con-
taining findings with respect thereto, having been made and directed
to the President,
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in
its entirety as modified, such approval and such modification to take
effect ten (10) days from the date hereof, unless good cause to the
contrary is shown to the Administrator before that time and the
Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Adfninistrafor for Indiistrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 10, 193^.
(233)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the modifications to the Code of Fair
Competition for the Newspaper Printing Press Industry, in accord-
ance with Article IX of said Code as approved on March 5, 1934.
These Modifications include an addition of a new Section, num-
bered as 7, to Article V, and a change in wording of Section 2,
Article VII.
FINDINGS
The Deputy Administrator in his final report to me on said modi-
fications to said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modifications to said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act, including the removal of
obstructions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The modifications and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The modifications and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modifications.
For these reasons, these modifications have been approved by me,
subject to a ten (10) day stay and opportunity to be heard by all
affected persons.
Respectfully,
Hugh S. Johnson,
Administrator.
August 10, 1934.
(234)
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE NEWSPAPER PRINTING PRESS INDUSTRY
PURPOSE
Pursuant to Article IX of the Code of Fair Competition for the
Newspaper Printing Press Industry, duly approved by the Presi-
dent on March 5, 1934 and further to effectuate the policies of Title
I of the National Industrial Recovery Act, the following modifica-
tion is established as a part of said Code of Fair Competition and
shall be binding upon every member of the Newspaper Printing
Press Industry.
MODinCATION
Modify Article V by adding a new Section to be numbered 7 and
reading as follows :
Article V — General Labor Provisions
" Section 7. No employer shall dismiss or demote any employee
for making a complaint or giving evidence with respect to an alleged
violation of the provisions of any code of fair competition approved
under Title I of the National Industrial Recovery Act."
Modify Article VII, Section 2, by deleting after the words "pro-
vided, however, that where any member of the Industry desires to
sell ", the words " any presses, units or folders, new or used, already
on hand, below cost " and substituting in lieu thereof the following :
" below cost machinery of dropped design or any presses, units or
folders, new or used, which have been on hand more than one-half
completed for two years or more " ;
Modified Article VII, Section 2, will then read as follows :
Article VII — Trade Practices
" Section 2. Selling Below Cost. — Selling or exchanging any prod-
uct of the Industry at a price, or upon terms and conditions which
will result in the purchaser paying for the goods received less than
the allowable cost thereof to the seller, determined in accordance
with the method of costing described in Section 1 of this Article;
provided, however, that where any member of the Industry desires
to sell below cost machinery of dropped design or any presses, units
or folders, new or used, which have been »on hand more than one-
half completed for two j^ears or more, he shall notify the Code
Authority of such fact, together with the reasons therefor, coinci-
dent with making such proposal; and provided, further, that when
a member of the Industry wishes to sell below his own allowable
(235)
236
cost to meet the competition of a lower cost product or to meet the
competition from products of equivalent design, character, or speci-
fications manufactured outside of the United States, he shall so re-
port to the Code Authority and shall cite the competition which
causes him to take this action."
Approved Code No. 319-
Registry No. lo25-05.
-Amendment No. 1„
Approved Code No. 368 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PRINT ROLLER AND PRINT BLOCK
MANUFACTURING INDUSTRY
As Approved on August 10, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Print Roller and Print Block Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modification
of a Code of Fair Competition for the Print Roller and Print Block
Manufacturing Industry, and as contained in a Published Notice of
Opportunity to be Heard, Administrative Order No. 368-4, dated
July 20, 1934, and no objections having been filed as provided in said
Published Notice, and the annexed report on said modification, con-
taining findings v^ith respect thereto, having been made and directed
TO 1"np rppm (iPTii"
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate, by reference, said annexed re.-
port and do find that said modification and the Code as constituted
after being modified comply in all respects with the pertinent provi-
sions and will promote the policy and purposes of said Title of said
Act, and do hereby order that said modification be and it is hereby
approved, and that the previous approval of said Code is hereby
modified, to include an approval of said Code in its entirety as
modified, such approval and such modification to take effect ten (10)
days from the date hereof, unless good cause to the contrary is shown
to the Administrator before that time and the Administrator issues a
subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 10, 1934.
(237)
REPORT TO THE PRESIDENT
The President,
The WMfe House.
Sir : An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for a modification of the Code of Fair Competition for the
Print Roller and Print Block Manufacturing Industry, submitted by
the Code Authority for the said Industry.
The existing provisions of Article VI, Section 7 of the Code for
said Industry, are entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident that
the proposed modification of Article VI of said Code, the provisions
of which follow closely the text of the above mentioned Orders, will
overcome the existing inadequate provisions.
FINDINGS
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce wdiich tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization oi industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productve capacity of the industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemplojanent, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including "without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(238)
239 »
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modification.
For these reasons, therefore, I have approved this modification,
such approval and such modification to take effect in ten (10) days
unless good cause to the contrary is shown to me before that time and
I issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
A dministrator.
August 10, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE PRINT ROLLER AND PRINT BLOCK MANUFAC-
TURING INDUSTRY
Purpose
Pursuant to Article IX of the Code of Fair Competition for the
Print Roller and Print Block Manufacturing Industry, duly ap-
proved by the President on March 26, 1934 and further to effectuate
the policies of Title I of the National Industrial Recovery Act. the
following modification is established as a part of said Code of Fair
Competition and shall be binding upon every member of the Print
Roller and Print Block Manufacturing Industry.
Modification
Modify Article VI, by deleting Section 7 and substituting in lieu
thereof the following:
Section 7. (a) It being found necessary in order to support
the administration of this Code and to maintain the standards of
fair competition established by this Code and to effectuate the
policy of the Act, the Code Authority is authorized, subject to the
aj^proval of the Administrator :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary.
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed b}^ members of the
Industry.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable
contribution as above set forth by all members of the Industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
(b) Each member of the Industry shall pay his or its equitable !
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of the members of the Code Authority
or to receive the benefits of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(240)
241
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
.except those which the Administrator shall have so approved.
Approved Code No. 368 — Amendment No. 1,
JRegistry No. 410-10.
Approved Code No. 274 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SAW AND STEEL PRODUCTS MANUFACTURING
INDUSTRY
As Approved on August 10, 1934
ORDER
Approving Modification of Code of Fair Competition for the Saw
AND Steel Products Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a mod-
ification to a Code of Fair Competition for the Saw and Steel Prod-
ucts Manufacturing Industry, and opportunity to be heard thereon
having been duly noticed and the annexed report on said modifica-
tion, containing findings with respect thereto, having been made and
(lirGCtCQ to ijll6 X 1*681(16111; '
NOW, THEREFORE,' on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it is hereb}^ approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified, such approval and such modification to take
effect ten (10) days from the date hereof, unless good cause to the
contrary is shown to the Administrator before that time and the
Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 10, 192 k.
8G3G0— 34 C (243)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Modification of the Code of Fair Com-
petition for the Saw and Steel Products Manufacturing Industry.
This Modification was proposed and Notice of Opportunity to be
Heard was given from July 19 to August 1, 1934.
This Modification is designed to correct the inadequate price
filing provisions as contained in Article VI, Sections 1, 2, and 3 of
said Code by substituting therefor provisions as determined and set
forth by the National Recovery Administration under Office Memo-
randum #228.
FINDINGS
The Deputy Administrator in his final report to me on said Modi-
fication to said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The Modification to said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without lim-
itation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(244)
245
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modification.
For these reasons, these Modifications have been approved by me,
subject however, to a ten day waiting period as provided in the
Order of Approval.
Respectfully,
Hugh S. Johnson,
AdTninistrator.
August 10, 1934.
MODIFICATION TO CODE OF FAIK COMPETITION FOR
THE SAW AND STEEL PRODUCTS MANUFACTURING
INDUSTRY
PURPOSE
Pursuant to Article IX of the Code of Fair Competition for the
Saw and Steel Products Manufacturing Industry, duly approved
by the Administrator on February 10, 1934, and further to effec-
tuate the policies of Title I of the National Industrial Recovery
Act, the following Modification is established as a part of said
Code of Fair Competition and shall be binding upon every member
of the Saw and Steel Products Manufacturing Industry.
MODIFICATION
Delete Article VI, Sections 1, 2, 3 and substitute therefor as
follows :
"Section 1. Open Price. — (a) Each member of the industry
shall file with the Coordinator of the Code Authority identified list
of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to as
' price terms ', which lists shall completely and accurately conform
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard prod-
ucts of the industry as are sold or offered for sale by said member
and for such non-standard products of said member as shall be
designated by the code authority. Said price terms shall in the first
instance be filed within fifteen (15) days after the date of approval
of this provision. Price terms and revised price terms shall become
effective immediately upon receipt thereof by the Coordinator. Im-
mediately upon receipt thereof, the Coordinator shall by telegraph
or other equally prompt means notify said member of the time of
such receipt. Such lists and revisions together wnth the effective
time thereof, shall upon receipt be immediately and simultaneously
distributed to all members of the industry and to all of their cus-
tomers who have applied therefor and have offered to defray the
cost actually incurred by the code authority in the preparation and
distribution thereof and be available for inspection by any of their
customers at the office of the Coordinator. Said lists or revisions
or any part thereof shall not be made available to any person until
released to all members of the industry and their customers, as
aforesaid; provided, that prices filed in the first instance shall not
be released until the expiration of the aforesaid fifteen (15) day
period after the approval of this provision. The code authority
shall maintain a permanent file of all price terms filed as herein
provided, and shall not destroy any part of such records except upon
(24G)
247
written consent of the Administrator. Upon request the code au-
thority shall furnish to the Administrator or any duly designated
agent of the Administrator copies of any such lists or revisions of
price terms.
"(b) When any member of the industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
''(c) No member of the industry shall sell or offer to sell any
products of the industry, for which price terms have been filed
pursuant to the provisions of this article, except in accordance with
such price terms.
"(d) No member of the industry shall enter into any agreement,
understanding, c mibination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the industry
to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this article to create.
" Section 2. Cost Findhig. — The Code Authority shall cause to be
formulated methods of cost finding and accounting capable of use
by all members of the industry, and shall submit such methods
to the Administrator for review. If approved by the Administrator,
full information concerning such methods shall be made available
to all members of the industry. Thereafter, each .member of the
industry shall utilize such methods to the extent found practicable.
Nothing herein contained shall be construed to permit the Code
Authority, any agent thereof, or any member of the industry to
suggest uniform additions, percentages or differentials or other uni-
form items of cost which are designed to bring about arbitrary
uniformity of costs or prices.
" Section 3. Costs and Price Cutting. — (a) The standards of fair
competition for the industry with reference to pricing practices are
declared to be as follows :
"(1) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within 5 days afford
an opportunity to the member filing the price to answer such com-
plaint and shall within 14 days make a ruling or adjustment thereon.
If such ruling is not concurred in by either party to the complaint,
all papers shall be referred to the Research and Planning Division
of NRA which shall render a report and recommendation thereon
to the Administrator.
"(2) "\^'hen no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
"(3) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of Sec-
tion 2 hereof, is forbidden.
248
"(b) Emergency Provisions:
"(1) If the Administrator, after investigation shall at any time
find both (1) that an emergency has arisen within the industry ad-
versely affecting small enterprises or wages or labor conditions or
tending toward monopoly or other acute conditions which tend to
defeat the purposes of the Act; and (2) that the determination of
the stated minimum price for a specified product within the industry
for a limited period is necessary to mitigate the conditions consti-
tuting such emergency and to effectuate the purposes of the Act, the
Code Authority may cause an impartial agency to investigate costs
and to recommend to the Administrator a determination of the stated
minimum price of the product affected by the emergency and there-
upon the Administrator may proceed to determine such stated mini-
mum price.
"(2) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall oe reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industrial
Recovery Act, he shall publish such price. Thereafter, during such
stated period, no member of the industry shall sell such specified
products at a net realized price below said stated minimum price and
any such sale shall be deemed destructive price cutting. From time
to time, the Code Authority may recommend review or reconsidera-
tion or the Administrator may cause any determinations hereunder
to be reviewed or reconsidered and appropriate action taken."
Approved Code No. 274 — Amendment No. 1.
Registry No. 1108-1-02.
Approved Code No. 260 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ORNAMENTAL MOULDING, CARVING AND
TURNING INDUSTRY
As Approved on August 11, 1934
OKDER
Approving Modification of Code of Fair Competition for the
Ornamental Moulding, Carving and Turning Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modification
to the Code of Fair Competition for the Ornamental Moulding,
Carving and Turning Industry, and due consideration having been
given thereon and the annexed report on said modification, contain-
ing findings v^'ith respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Order No. 6543-A,,
dated December 30, 1933, and otherwise, do hereby incorporate, by
reference, said annexed report and do find that said modification and
the Code as constituted after being modified comply in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act, and do hereby order that said modifi-
cation be and it is hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code-
in its entirety as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
C. E. Adams,
Division Administrator.
\
Washington, D.C,
August 11, 193Ji.
(249)
KEPORT TO THE PRESIDENT
The President,
The White Uome..
Sir : This is a report on the modification to the Code of Fair Com-
petition for the Ornamental Moulding, Carving and Turning Indus-
try, which has been submitted in accordance with Executive Order
No. 6678.
This modification enables the Code Authority to incur such reason-
able obligations as are necessary to support the administration of the
code ancl to maintain the standards of fair competition established
by this code. It also enables the Code Authority to submit an item-
ized budget, and an equitable basis upon which the funds necessary
to support such budget shall be contributed by the members of the
industry. Such contributions are made mandatory by this modi-
fication.
The Deputy Administrator in his final report to me on said modi-
fication of said code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that:
(a) The modification of said code and the code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups by inducing and maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The code empowers the Code Authority to present the afore-
said modification on behalf of the industry as a whole.
(d) The modification and the code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(250)
251
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
modification.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 11, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE ORNAMENTAL MOULDING, CARVING AND TURN-
ING INDUSTRY
The Code of Fair Competition for the Ornamental Moulding,
Carving and Turning Industry shall be amended by omitting Sec-
tion 8 of Article VI and inserting the following :
1. It being found necessary in order to support the administration
of this code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Failure to
make payment thereof, after proper notice, will render a member of
the industry liable to appropriate legal proceedings. Only members
of the industry complying with the code and contributing to the ex-
penses of its administration as hereinabove provided, unless duly
exempted from making such contributions, shall be entitled to partic-
ipate in the selection of members of the Code Authoritj^ or to receive
the benefits of any of its voluntary activities or to make use of any
■emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its ap-
proved budget and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except those
"which the Administrator shall have so approved.
Approved Code No. 260 — Amendment No. 2.
Kesistry No. 315-02.
(252)
Approved Code No. 2441 — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
PLUMBING CONTRACTING INDUSTRY
As Approved on August 11, 1934
ORDER
Approving Modification of Supplementary Code of Fair Compe-
tition FOR the Plumbing Contracting Industry
A division of the construction industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1934, for approval of a modifica-
tion to Article IV by adding a new section to be known as Section
4 of Article IV, of the Supplementary Code of Fair Competition for
the Plumbing Contractors' Division of the Construction Industry,
and due notice and opportunity to be heard having been given
thereon and the annexed report on said modification, containing
findings with respect thereto, having been made and directed to the
X*r6SlQ6Ilt '
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Geo. L. Berry,
Division Administrator.
Washington, D.C,
August 11, 1934..
(253)
REPORT TO THE PRESIDENT
The President,
The White Hoicse.
Sir : This is a report on a modification of Article IV, by adding
a new section to be known as Section 4 of Article IV, of the Supple-
mentary Code of Fair Competition of the Plumbing Contractors'
Division of the Construction Industry, approved by you on May
15, 1934.
The purpose of this amendment is to authorize the Divisional
Code Authority to submit a budget and establish a basis of assess-
ment upon which members of this Division will be required to
contribute to the expense of maintaining the Divisional Code
Authority.
The Deputy Administrator in his final report to me on said mod-
ification of said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) The Code as modified complies in all respects with the pertinent
provisions of said title of said Act, including without limitation sub-
section (a) of Section 3, sub-section (a) of Section 7 and sub-section
(b) of Section 10 thereof.
(c) The Code empowers the Divisional Code Authority to present
the aforesaid modification on behalf of the industry as a whole.
(d) The modification and the Code as modified are not designed
to and w411 not permit monopolies or monopolistic practices.
(e) The modification and the Code as modified are not designed to
and Avill not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(254)
255
(f) Those eng^aged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons this modification has been approved.
Kespectfully,
Hugh S. Johnson,
A dministrator.
August 11, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PLUMBING CONTRACTING INDUSTRY .
A DIVISION OF THE CONSTRUCTION INDUSTRY
Amend Article IV by adding a new section to be known as Section
4, and to read as follows:
Section 4. 1. It being found necessary in order to support the
Administration of this code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Divisional Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of this
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of this Division, and
to that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of this Division shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
it}'-, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of this Division complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Divisional Code Au-
thority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
3. The Divisional Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as estimated
in its approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator has so approved.
Approved Code No. 2441 — Aineiuliiient No. 1.
Registry No. llSO-Of).
(256)
Approved Code No. 82 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
STEEL CASTING INDUSTRY
As Approved on August 11, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Steel
Casting Industry
An application havino; been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Steel Casting Industry,
and hearings having been duly held thereon and the annexed report
on said amendment containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Execut.ve Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed
report and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended, such approval and sucli amendment to take effect
fifteen (15) days from the date hereof, unless good cause to the
contrary is shown to tlie xVdministrator before that time and the Ad-
ministrator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division A dministrator.
Washington, D.C,
August 11,] 93 Jf. '
(257)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on Amendments to the Code of Fair Com-
petition for the Steel Casting Industry, the public hearing having
been conducted thereon in Washington, D.C., on June 14, 1934, in
accordance with the provisions of the National Industrial Recovery
Act.
Amendment I affects only Schedule D of the Code which relates
only to Unfair Trade Practices for Miscellaneous Castings.
Amendment II affects only Schedule E of the Code which relates
only to Unfair Trade Practices for Specialties.
Amendment III provides for the addition of a new Schedule of
Unfair Trade Practices relating only to Draft Gears, to be known
as Schedule F.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said amendments to said Code having found as herein set forth and
on the basis of all the proceedings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by organization of industry for the purpose of
cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
tation sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amendments and the Code as amended are not designed
to and will not permit mono])olies or monopolistic jiractices.
(d) The amendments and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(258)
259
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, therefore, I have approved these amendments,
provided that such approval and such amendments take effect fifteen
(15) days from the date hereof, unless good cause to the contrary
is shown before that time, and I issue a subsequent order to that
effect.
Kespectfully,
Hugh S. Johnson,
A dminis trat or.
August 11, 1934.
86360—34-
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE STEEL CASTING INDUSTRY
Amendment I
Delete Sections 6 and 7 of Schedule D of said Code and substitute
in lieu thereof the following:
" Section 6. Date a sales invoice later than the date of mailing of
such invoice or later than the third day f ollowmg date of shipment of
the castings included in such invoice."
" Section 7. Allow terms of payment more favorable to the cus-
tomer than net payment within 30 days after the month in which
the castings are shipped, subject to discounts for prompt payment as
follows: In the case of castings shipped by water from the plant
of a member of the Industry from or through any Atlantic Coast
or Gulf Port to any Pacific Coast Port, or through a Pacific Coast
Port to a place of delivery in the State of California or the State
of Oregon or the State of Washington, or to a place of delivery in
the Canal Zone or to an Alaskan Port, or to any of the Insular Pos-
sessions of the United States, the maximum rates of discount for
early payment shall be i/^ of 1% of the invoiced value of such cast-
ings, if the invoice of such castings shall be paid within 30 days
from the date of such invoice; in all other cases, 1/2 of 1% on such
invoiced value, if the invoice of such castings shall be paid within
10 days from the dat^ of such invoice ; provided, however, in the lat-
ter cases that any member of the Industry may allow such discount
of 1/2 of 1% for payment within 10 days on the basis of settlements
twice in each month, as follows: (a) On invoices dated from the
1st to the 15th, inclusive, of any month, such discount may be al-
lowed on payment of such invoices on or before the 25th of such
month; (b) On invoices dated from the 16th to the end of any
month, such discount may be allowed on payment of such invoices
on or before the 10th of the next following month.
" Nothing in this Section however, shall be deemed to apply to any
sale or contract for the sale of any castings to the Government of
the United States of America or to any agency thereof in any case
in which such Government or Agency shall, pursuant to law, impose
terms of payment other than those prescribed in this Section; pro-
vided, however, that in any such case none of the members of the
Industry shall allow to such Government or any Agency thereof
terms of payment more favorable than those which shall be pre-
scribed by such Government or Agency pursuant to law ".
Amendment II
Delete Section I of Schedule E of said Code and substitute the
following :
" Section 1. To make tenns of payment in connection with sale
for domestic use more favorable to the customer than thirty (30)
(260)
261
clays net cash from date of invoice ; provided, however, that dis-
counts for prompt payment of invoices on cast steel wheels may be
allowed at not to exceed the following rates : In the case of cast-
ings shipped bj^ water from the plant of a member of the Industry
from or through any Atlantic Coast or Gulf Port to any Pacific
Coast Port, or through a Pacific Coast Port to a plac3 of delivery
in the State of California or the State of Oregon or the State of
Washington, or to a place of delivery in the Canal Zone or to an
Alaskan Port, or to any of the Insular Possessions of the United
States, the maximum rates of discount for early payment shall be
1/^ of 1% of the invoiced value of such castings, if the invoice of
such castings shall be paid within 30 daj^s from the date of such
invoice; in all other cases, i/o of 1% on such invoiced value, if the
invoice of such castings shall be paid within 10 days from the date
of such invoice; provided, however, in the latter cases that an}'
member of the Industry may ajlow such discount of i/^ of 1% for
payment within 10 days on the basis of settlements twdce in each
month, as follows: (a) On invoices dated from the 1st to the 15th,
inclusive, of any month, such discount may be allowed on payment
of such invoices on or before the 25th of such month; (b) On in-
voices dated from the 16th to the end of any month, such discount
may be allowed on paj^ment of such invoices on or before the 10th
of the next following month.
" Nothing in this Section, however, shall be deemed to apply to
any sale or contract for the sale of any castings to the Government
of the United States of America or to any agency thereof in any
case in which such Government or Agency shall, pursuant to law,
impose terms of payment other than those prescribed in this Sec-
tion ; provided, however, that in an}^ such case none of the members
of the Industry shall allow to such Government or any Agency
thereof terms of payment more favorable than those wdiich shall he
prescribed by such Government or Agency pursuant to law."
Amendment III
Add the following new Schedule to said Code, which will be
known as Schedule F :
"Z/s^ of Unfair Trade Practices Relating to Draft Gears. — With-
out in any way limiting the application of Schedule E to ail manu-
facturers of Draft Gears. Schedule F relates solely to the produc-
tion and/or sale of Draft Gears and has no application to
Miscellaneous Castings, Manganese Steel Castings, or to any other
Specialties.
" For all purposes of this Code, it shall be an unfair trade practice
for any member engaged in the Draft Gear subdivision of the
Specialties branch of the Industry to do any of the following acts :
" 1. To pay secretly or allow rebates, refunds, credits, or un-
earned discounts, or commissions to customers or their employees,
whether in the form of money or otherwise, or to extend services
or privileges to any purchaser not extended to all purchasers upon
like terms and conditions.
" 2. To sell, in connection with draft gear sales, equipment not
part of the equipment covered by this product ' Classification or sub-
262
agency ', to any customer, directly or indirectly, at a net price which
will result in a reduction in the price of draft gears sold to such
customer.
" 3. To misappropriate a competitor's business by inducing breach
of contracts, espionage, piracy of styles or designs or imitation of
trade names.
" 4. To defame competitors or to disparage competitors' products
falsely.
" 5. To give any gratuity, reward or other form of bribe to pur-
chasers of draft gears, or the use of premiums in ways which involve
commercial bribery in any form.
" 6. To giiarantee any draft gears, or part thereof, against defec-
tive material or workmanship for any period exceeding one year
from the date of delivery thereof to the purchaser.
" 7. To use the traffic of any person, firm or corporation other than
the traffic of the member of the Inc|ustry or permit the use of same,
in any way to influence draft gear orders from any railroad for any
such member."
Approved Code No. 82- — Amendment No. 1.
Registry No. 1106-1-01.
Approved Code No. 347G — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
BEATER AND JORDAN AND ALLIED EQUIPMENT
INDUSTRY
As Approved on August 13, 1934
ORDER
Modifying the Order or Approval of the Supplementary Code of
Fair Competition for Beater and Jordan and Allied Equipment
L Industry
A division of the machinery and allied products industry
Whereas, by Administrative Order dated May 14, 1934, the Sup-
plemental Code of Fair Competition for the Beater and Jordan and
Allied Equipment Subdivision of Machinery and Allied Products
Industry was approved on certain conditions as stated in the Order ;
and
Whereas, condition No. 3 specified that the provisions of Article
VIII, Section (e) of the said Supplemental Code were thereby stayed
pending the submission of satisfactory evidence concerning distribu-
tion of the products of the Subdivision to the Administrator ; and
Whereas, the evidence submitted by the Subdivision is satisfactory
to the Administrator:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933 and Executive Order No. 659a-A, dated February 8, 1934 and
otherwise; do hereby order that condition No. 3 in the Order dated
May 14, 1934, approving the Supplemental Code of Fair Competi-
tion for the Beater and Jordan and Allied Equipment Subdivision
of Machinery and Allied Products Industry, be and is hereby re-
moved and that the provisions of Article VIII, Section (e) of the
Supplemental Code be in full force and effect from the date hereof.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 13, 193Jf.
(263)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : Provision #3 in the Order approving the Code of Fair Com-
petition for the Beater and Jordan and Allied Equipment Subdivi-
sion of Machinery and Allied Products Industry approved by me on
May 14, 1934 provides that the provisions of Article VIII, Section
(e) be and they hereby are stayed pending the submission of satis-
factory evidence concerning distribution of the products of the Sub-
division to the Administrator. This Section (e) of Article VIII
reads as follows:
" No employer shall sell to or through any distributor who shall
fail to agree to resell in accordance with Articles VII, VIII and IX
of this Supplemental Code."
Satisfactory evidence concerning distribution of the products of
the Subdivision has been submitted to me.
The Deputy Administrator in his final report to me on said Modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter ; I find that :
(a) The Modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Modification and the Code as modified are not designed to
and will not permit monopolies or monopolistic practices.
(d) The Modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will
not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Modification.
For these reasons, therefore, I have approved this Modification.
Respectfully,
Hugh S. Johnson,
Adrninistrator.
August 13, 1934.
Approved Code No. 347G — Amendment No. 1.
Registry No. 1399-54.
(264)
Approved Code No. 133 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CONCRETE MASONRY INDUSTRY
As Approved on August 13, 1934
ORDER
Approving Amendment to Code of Fair Competition for the
Concrete Masonry Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Concrete Masonry
Industry, and annexed report on said amendment, containing find-
ings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby ' incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code
in its entirety as amended, such approval and such amendment to
take effect ten (10) days from the date hereof, unless good cause
to the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent Order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
C. E. Adams,
Division Administrator.
Washington, D.C,
August 13, 193^.
(265)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, for an amendment to the Code of Fair Competition
for the Concrete Masonry Industry, submitted by the Code Authority
for the Concrete Masonry Industry.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by members of the Industry.
FINDINGS
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the
basis of all the proceedings in this matter ;
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Amendment.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 13, 1934.
(266)
MODIFICATIO:^ OF CODE OF FAIR COMPETITION FOR
THE CONCRETE MASONRY INDUSTRY
Amend Article VI by eliminating Section 14 and substituting the
following in lieu thereof :
Section 14. (a) It being found necessary in order to support
the administration of this Code and to maintain the standards of
fair competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized :
1. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
2. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(a) an itemized budget of its equitable expenses for the foregoing
purposes, and (b) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
3. After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled
to participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Adminis-
tration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
Approved Code No. 133 — Amendment No. 1.
Registry No. 1011-1-02.
(267)
Approved Code No. 236 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COOKING AND HEATING APPLIANCE
MANUFACTURING INDUSTRY
As Approved on August 13, 1934
OKDER
Approving Amendment of Code of Fair Competition for the
Cooking and Heating Appliance Manufacturing Industry
An application having been duly made puisuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Cooking and Heating
Appliance Manufacturing Industry, and hearings having been duly
held thereon and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended.
Hugh S. Johnson,
Admrnistrator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 13, 19.34.
(269)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Cooking and Heating Appliance Manufacturing
Industry. A Notice of Opportunity to be Heard was sent to all
members of the Industry on June 18, 1934, and no objections were
filed with the Administration. The amendment which is attached
was presented by the Code Authority, and endorsed by the Trustees
of the Institute of Cooking and Heating Appliance Manufacturers.
The Code of Fair Competition for the Cooking and Heating
Manufacturing Industry provides in Article XI, Section 2, as
follows :
" 2. This code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Adminis-
trator, and such notice and hearing as he shall specify, and to
become effective on approval by the President."
This amendment provides that Section 5 of Article VII be de-
leted, and that certain provisions be inserted in accordance with your
Executive Order of April 14 to facilitate the collection from each
member of the Industry of his or its equitable contribution of the
expenses of the maintenance of the Code Authority, subject to such
rules and regulations pertaining thereto that may be issued by the
Administrator.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said amendment to said Code having found as herein set forth and
on the basis of all the proceedings in this matter :
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act, including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action among trade groups, by inctucing and maintain-
ing united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(270)
271
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7, and
sub-section (b) of Section 10 thereof.
(c) The Institute of Cooking and Heating Appliance Manufac-
turers was and is an industrial group truly representative of the
aforesaid Industry, and that said Institute imposed and imposes no
inequitable restrictions on admission to membership therein and has
endorsed this amendment, which was submitted by the Code Au-
thority.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprise and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
A dm inis trat or.
August 13, 1934.
MODIFICATION TO CODE OF FxVIR COMPETITION FOR
THE COOKING AND HEATING APPLIANCE MANUFAC-
TURING INDUSTRY
In accordance with Article XI of the Code of Fair Competition for
the Cooking and Heating Appliance Manufacturing Industry, it is
proposed to amend said Code by deleting Section 5 of Article VII
and inserting the following Provision in lieu thereof :
1. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition es-
tablished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of the
Cooking and Heating Appliance Manufacturing Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Cooking and
Heating Appliance Manufacturing Industry, and to that end, if nec-
essary, to institute legal proceedings therefor in its own name.
2. Each member of the Cooking and Heating Appliance Manu-
facturing Industry shall pay his or its equitable contribution to the
expenses of the maintenance of the Code Authority, determined as
hereinabove provided, and subject to rules and regulations pertain-
ing thereto issued by the Administrator. Only members of the Cook-
ing and Heating Appliance Manufacturing Industry complying with
the Code and contributing to the expenses of its administration as
hereinabove provided, unless duly exempted from making such con-
tribution, shall be entitled to participate in the selection of mem-
bers of the Code Authority or to receive the benefits of any of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator first obtained; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Adminis-
trator shall have so approved.
Approved Code No. 2.36 — Amendment No. 1.
Registry No. 1629^1-02.
(272)
Approved Code No. 264 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FOUNDRY EQUIPMENT INDUSTRY
As Approved on August 13, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Foundry Equipment Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for the approval of a modi-
fication to a Code of Fair Competition for the Foundry Equipment
Industry, and opportunity to be heard thereon having been duly
noticed and the annexed report on said modification, containing
findings with respect thereto, having been made and directed to the
President '.
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference said
annexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be and
it is hereby approved, and that the previous approval of said Code
is hereby modified to include an approval of said Code in its en-
tirety as modified, such approval and such modification to take effect
ten (10) days from the date hereof, unless good cause to the con-
trary is shown to the Administrator before that time and the
Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August IS, WSJf.
(273)
I
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Modification of the Code of Fair Com-
petition for the Foundry Equipment Industry to incorporate the
principles contained in Executive Order of April 14, 1934 relating
to collection of expenses of Code Administration. This Modifica-
tion was proposed in accordance with Article IX of the Code as
approved February 6, 1934, and Notice of Opportunity to be Heard
was given from July 10 to July 25, 1934.
FINDINGS
The Deputy Administrator in his final report to me on said Modi-
fication to said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The Modification to said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent i^ro visions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Modification.
For these reasons, these modifications have been approved by me;
subject, however, to a ten day waiting period as provided in the
Order of Approval.
Respectfully,
Hugh S. Johnson,
Admhiistrator.
August 13, 1934.
(274)
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE FOUNDRY EQUIPMENT INDUSTRY
Purpose
Pursuant to Article IX of the Code of Fair Competition for the
Foundry Equipment Industry, duly approved by the Administrator
on February 6, 1934, and further to effectuate the policies of Title I
of the National Industrial Recovery Act, the following modification
is established as a part of said Code of Fair Competition and shall
be binding upon every member of the Foundry Equipment
Industry.
Modification
Delete Paragraph (b) of Article VI, Section 2 and substitute in
lieu thereof the following:
(b) 1. It being found necessary in order to support the adminis-
tration of this code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policy of the Act^
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only members
of the industry complying with the code and contributing to the ex-
penses of its administration as hereinabove provided, unless duly ex-
empted from making such contributions, shall be entitled to partici-
pate in the selection of members of the Code Authority or to receive
the benefits of any of its voluntary activities or to make use of any
emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amoimt thereof as estimated in its
863C0— 34 8 (275)
276
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Admin-
istrator ; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 264 — Amendment No. 1.
Registry No. 1112-02.
Approved Code No. 357 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
INDUSTRIAL FURNACE MANUFACTURING
INDUSTRY
As Approved on August 13, 1934
ORDER
Approving Amendment of Code of Fait? Competition for the
Industrial Furnace Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Industrial Furnace
Manufacturing Industry, and hearings having been duly held thereon
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment be
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Adininistrator.
Washington, D.C,
August 13, 193Jf.
(277)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an amendment of Section 3 of Article VI
of the approved Code of Fair Competition for the Industrial Fur-
nace Manufacturing Industry, This Code was approved by me on
March 23, 1934.
Pursuant to Executive Order No. 6678, dated April 14, 1934, the
Code Authority for the Industrial Furnace Manufacturing Industry,
in accordance with Section 3 of Article VI of said Code, having
found it necessary in order to support the administration of this
Code and to maintain standards of fair competition, established
by this Code, and to effectuate the policies of the Act, has made
application for an amendment of said Code in order to provide for
a method of assessment and a budget to support the expense of the
administration of this Code.
FINDINGS
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural j)r()ducts through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(278)
279
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
AdmiinistratoT.
August 13, 1934.
MODIFICATION TO CODE OF FAIE COMPETITION FOR
THE INDUSTRIAL FURNACE MANUFACTURING IN-
DUSTRY
Purpose
Pursuant to Article VIII, Section 2 of the Code of Fair Com-
petition for the Industrial Furnace Manufacturing Industry, duly
approved by the President on March 23, 1934 and further to effec-
tuate the policies of Title I of the National Industrial Recovery
Act, the follow^ing modification is established as a part of said
Code of Fair Competition and shall be binding upon every member
of the Industrial Furnace Manufacturing Industry.
Modification
Modify Article VI, by deleting Section 3 and substituting in lieu
thereof the following:
" Section 3. It being found necessary in order to support the
administration of this code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
"(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
"(2) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
sary (1) an itemized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the industry.
"(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry; and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
" Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use of
any emblem or insignia of the National Recovery Administration.
(280)
281
" The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the Admin-
istrator ; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved."
Approved Code No. 357 — Amendment No. 1.
Registry No. 1103-09.
Approved Code No. 15 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MEN'S CLOTHING INDUSTRY
As Approved on August 13, 1934
ORDER
Approving Amendment to Code of Fair Competition for the Men's
Clothing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Men's Clothing In-
dustry, an opportunity to be heard having been duly afforded all
members of said Industry and the annexed report on said amend-
ments, containing findings with respect thereto, have been made
and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent including Executive Order No. 6543-A, dated December 30, 1933,
and otherwise ; do hereby incorporate, by reference, said annexed re-
port and do find that said amendments and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of said
Act, and do hereby order that said amendments be and they are
hereby approved, and that the prcAdous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended.
Hugh S. Johnson,
Administrator for IndustHal Recovery.
Approval recommended:
William P. Farnsworth,
Acting Division Adininistrator.
Washington, D.C,
August 13, 19S4.
(283)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: The Code Authority for the Men's Clothing Industry sub- jj
mitted on March 14, 1934 and May 18, 1934 proposed amendments "
to the Code of Fair Competition for the Men's Clothing Industry.
These amendments when submitted were presented to the Legal i
Division of the National Recovery Administration and received its |
approval.
As these amendments were short and simple and consistent with
the policies of the Administration, a Public Hearing was considered
not necessary and in lieu of the Public Hearing, notices of Oppor-
tunity to be Heard were printed and distributed in the same manner
as the Notice of Public Hearing. A specified date was set forth in j
such notices by which time objections and criticisms were to be re-
ceived relative to these amendments. Up to and including the dates
specified in such notices, no objections or criticisms were received.
In their final form these amendments received the approval of the ;
Industrial Advisory Board, the Labor Advisory Board, the Con-
sumers' Advisory Board, and the Legal and Research and Planning
Divisions of the National Recovery Administration.
The first amendment provides that no member of the Men's
Clothing Code Authority shall be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. The second amendment provides that the Code
Authority may incorporate and be known as the Men's Clothing
Code Authority, Incorporated.
The Deputy Administrator in his final report to me on said
amendments to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present production capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
(284)
285
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all resjiects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, these amendments have been approved.
Respectfully,
Hugh S. Jopinson,
Administrator.
August 13, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
MEN'S CLOTHING INDUSTRY
Article XIII is amended by adding the following to be known as
Sections (f) and (g) :
(f) Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to any one
for any act of any other member, officer, agent, or employee of the
Code Authority, nor shall any member of the Code Authority,
txercising reasonable diligence in the conduct of his duties hereunder,
be liable to anyone for any act or omission to act under this Code,
except for his own wilful malfeasance or nonfeasance.
(g) The men's Clothing Code Authority may, upon submission to
and approval b}?^ the Administrator of its proposed Certificate of
Incorporation and Bylaws, incorporate under the laws of any State
of the United States, or of the District of Columbia; such corpora-
tion to be known as the Men's Clothing Code Authority, Inc. The
powers, objects and purposes of the said Corporation shall in all
respects be limited to the powers, objects and purposes of the Men's
Clothing Code Authority, as provided in this Code and the existence
of the Corporation shall be during the term of the Code.
Approved Code No. 15 — Amendment No. 4.
Registry No. 216-1-06.
(286)
Approved Code No. 131 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PIPE NIPPLE MANUFACTURING INDUSTRY
As Approved on August 13, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Pipe Nipple Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion of a Code of Fair Competition for the Pipe Nipple Manufac-
turing Industry, and as contained in a Published Notice of Oppor-
tunity to Be Heard, Administrative Order No. 131--7, dated July 3,
1934, and no objections having been filed as provided in said Pub-
lished Notice, and the annexed report on said modification, con-
taining findings with respect thereto, having been made and di-
rected to the President.
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate, by reference, said annexed
report and do find that said modification and the Code as constituted
after being modified comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said modification be and it is
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as modified, such approval and such modification to take effect ten
(10) days from the date hereof, unless good cause to the contrary
is shown to the Administrator before that time and the Adminis-
trator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 13, 193Ji.
(287)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for a modification of the Code of Fair Competition for the
Pipe Nipple Manufacturing Industry, submitted by the Code
Authority for the said Industry.
The existing provisions of Article VI, Section 8, of the Code for
said Industry, are entirely inadequate in view of Executive Order
6678 and Administrative Order X-36, and it is therefore evident
that the proposed modification of Article VI of said Code, the
provisions of which follow closely the text of the above mentioned
Orders, will overcome the existing ihadequate provisions.
FINDINGS
The Deputy Administrator in his final report to me on said mod-
ification of said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3. Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof.
(c) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The modification and the Code as modified are not designed
to and will not eliminate or oppress sm.all enterprises and will not
operate to discriminate against them.
(288)
289
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
modification.
For these reasons, therefore, I have approved this modification,
such approval and such modification to take effect in ten (10) days
unless good cause to the contrary is shown to me before that time
and I issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Administrator,
August 13,. 1934.
I
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE PIPE NIPPLE MANUFACTURING INDUSTRY
PURPOSE
Pursuant to Article X of the Code of Fair Competition for the
Pipe Nipple Manufacturing Industry, duly approved by the Presi-
dent on November 27, 1933 and further to effectuate the policies oJ
Title I of the National Industrial Recovery Act, the following modi-
fication is established as a part of said Code of Fair Competition
and shall be binding upon every member of the Pipe Nipple Manu-
facturing Industry.
MODinCATION
Modify Article VI, by deleting Section 8 and substituting in liei
thereof the following :
Section 8. (a) It being found necessary in order to support thf
administration of this Code and to maintain the standards of fail
competition established by this Code and to effectuate the policy o;
the Act, the Code Authority is authorized, subject to the approval o:
the Administrator :
(1) To incur such reasonable obligations as are necessary anc
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
sary. (1) An itemized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the Industry.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable
contribution as above set forth by all such members of the Industry,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such contributions, shall
be entitled to participate in the selection of the members of the Code
Authority or to receive the benefits of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
(290)
291
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, except upon approval of the Administrator;
and no subsequent budget shall contain any deficiency item for ex-
penditures in excess of prior budget estimates except those which
the Administrator shall have so approved.
Approved Code No. 131 — Amendment No. 1.
Registry No. 112S-02.
S6360-
Approved Code No. 29 — ^Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ARTIFICIAL FLOWER AND FEATHER INDUSTRY
As Approved on August 14, 1934
OKDER
Approving Amendments to and Amended Code of Fair Competition
For the Artificial Flower and Feather Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to and an amended Code of Fair Competition for the Artificial
Flower and Feather Industry, and hearings having been duly held
thereon and the annexed report on said amendments, containing
findings with respect thereto, having been made and directed to the
x^rGsiQGnt *
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated Decem-
ber 30, 1933, and otherwise, do hereby incorporate, by reference,
said annexed report and do find that said amendments and the
Code as constituted after being amended comply in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act, and do hereby order that said
amendments be and they are hereby approved, and that the previous
approval of said Code is hereby modified to include an approval of
said Code in its entirety as amended subject to the following
condition :
THAT, the Administrator shall forthwith appoint a commission
of three consisting of one representative of employers and one rep-
resentative of employees, with an impartial Chairman, which com-
mission shall undertake a study of conditions within the Industry
with respect to the hours and wages of employees, and particularly
with respect to the provisions of the Code which regulate the employ-
ment of learners in the Industry, in order to make recommendations
for such modifications of the amended Code as are necessary for the
effective control of learners, the learning period, and the percentage
of learners necessary for the Industry, in order to effectuate the pol-
(293)
294
icies of the xVct. The Labor member of this commission shall be
nominated by the Labor Advisory Board of the National Kecovery
Administration, and the Industry member of this commission shall
be nominated by the Code Authority ; the impartial Chairman shall
be nominated by the Labor member and the Industry member of this
commission ; provided, however, that upon failure of these two mem-
bers to agree upon an impartial Chairman within ten (10) days
following their appointment, the Administrator shall appoint an
impartial Chairman of his own choosing.
The recommendations of this commission shall be made prior to
December 31, 1934, and upon approval by the Administrator, either
in their original or modified form, after such hearing and notice
as he may specify, such recommendations either in their original
or modified form shall become a part of this amended Code.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval Recommended :
William P. Faensw^orth,
Acting Division Administrator.
Washington, D.C,
August IJf.^ 193 Jf.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : The Public Hearing for tlie purpose of amending and mod-
ifying the Code of Fair Competition for the Artificial Flower and
Feather Industry as proposed by the Code Authority, was conducted
in the Ambassador Hotel, Washington, D. C, on March 24, 1934.
Every person who requested an appearance was fairly heard in
accordance with the regulations of the National Recovery Adminis-
tration. The amended Code has the approval of the Industrial and
Labor Advisory Boards, the Legal Division and the Division of Re-
search and Planning of the National Recovery Administration. The
Consumers' Advisory Board has withdrawn its advisory service with
respect to this Code in order to give it more time and energy for
the consideration of Codes and Code provisions which are, from its
standpoint, more important to the consumers of the country. The
Code Authority, on behalf of the Industry, has also given its
approval to the final draft of the Code.
The Industry as defined in the amended Code, includes the manu-
facture in whole or in part, assembling, importing, wholesale dis-
tributing, and sale of '"Artificial Flower and Feather products ", to
be used for decorative, ornamental, and/or trimming purposes.
RESUME OF THE AMENDED CODE
Article I gives the purpose of the Code.
Article II sets forth certain definitions.
Article III contains tl>e maximum hour provisions of the Code.
Article IV establishes the minimum wage for employees in the
Industry.
Article V sets forth general labor provisions.
Article VI provides for the organization and constitution of the
Code Authority and defines is powers and duties.
Article VII sets forth trade practice rules.
Article VIII provides for a free and open market and prohibits
conspiracies to maintain prices.
Article IX regulates price cutting.
Article X provides for modification of the Code.
Article XI prohibits monopolies.
Article XII is on price increases.
Article XIII specifies the effective date.
FINDINGS
" The Deputy Administrator in his final report to me on said
amended Code having found as herein set forth and on the basis of
all the proceedings in this matter ;
(295)
296
"I find that:
"(a) Said amended Code is well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act,
Including removel of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof and
will provide for the general welfare by promoting the organization
of industry for the purpose of cooperative action among trade
groups, by inducing and maintaining united action of labor and,
management under adequate governmental sanctions and supervision^
by eliminating unfair competitive practices, by promoting the fullest!
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by i
reducing and relieving unemployment, by improving standards of i
labor, and by otherwise rehabilitating industry.
"(b) The amended Code as approved complies in all respects with
the pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof ; and that the Code Author-
ity is truly representative of the aforesaid Industry.
"(c) The amended Code is not designed to and will not permit
monopolies or monopolistic practices.
"(d) The amended Code is not designed to and will not eliminate
or oppress small enterprises and will not operate to discriminate
against them.
"(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amended Code."
For these reasons the amended Code has been approved.
Respectfully,
Hugh S. Johnson,
Administj'ator.
August 14, 1934.
AMENDED CODE OF FAIR COMPETITION FOR THE
ARTIFICIAL FLOWER AND FEATHER INDUSTRY
The Code of Fair Competition for the Artificial Flower and
Feather Industry, as approved on September 7, 1933, is hereby
amended to read as follows :
Article I — Purpose
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Artificial Flower and Feather Industry,
and shall be binding upon every member thereof.
Article II — Definitions
1. The term " Industry " as used herein includes the manufacture
in whole or in part, assembling, importing, wholesale distributing,
and sale of " artificial flower and feather products ", as defined herein,
to be used for decorative, ornamental, and/or trimming purposes, and
such other branches and subdivisions of the said Industry which
may from time to time be included by the Administrator under the
provisions of this Code.
2. The term "Artificial Flower and Feather Products" as used
herein means and includes artificial flowers, leaves, and parts thereof;
artificial fruits ; artificial plants, and parts thereof ; prepared plants
and other botanical products, and parts thereof ; and feathers, crude
and/or manufactured.
3. The term " employee " as used herein means and includes any
person engaged in any phase of the Industry in any capacity receiv-
ing compensation for his services, irrespective of the nature or method
of payment of such compensation, including members of a co-part-
nership or a firm, or an officer, director or stockholder of a corporation
doing the work of an employee.
4. The term " employer " as used herein means and includes anyone
by whom any such employee is compensated or employed.
5. The term " member of the Industry " as used herein means and
includes any person, firm, co-partnership or corporation or other
form of enterprise exclusively or in part engaged in the Industry,
either as an employer or on his, their or its own behalf, as a manu-
facturer, jobber, importer, or contractor, and including, but without
limitation, any selling organization wholly or partially owned or
directly or indirectly controlled by any member of the Industry as
above defined.
6. The term " contractor " as used herein means and includes any
person, firm, or corporation or other form of enterprise, employing
manufacturing labor, who manufactures or produces in whole or in
part for the account of another, any of the products enumerated
(297)
298
above and/or any part thereof that may be necessary to finish or
complete any of said products.
The terms " President ", "Act ", and "Administrator " as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act and the Adminis-
trator for Industrial Recovery.
7. " Prepared plants " and " botanical products " as used herein
mean and include natural plants and/or parts thereof used in
their natural state and/or which have been treated, preserved,
colored, fashioned and/or put into form for decorative uses and
purposes.
Article III — HorRS of Labor
1. Except as hereinafter provided, no employee shall be per-
mitted to work in excess of forty (40) hours in any one week nor
in excess of eight (8) hours in any one day period, nor in excess
of five (5) days in any seven (7) day period.
a. In the " prepared plants " and other " botanical products "
branches of the Industry, employees may be permitted to work six
(6) days in any seven (7) day period and/or ten (10) hours in any
twenty-four (24) hour period, provided, however, that in no event
shall employees be permitted to work in excess of forty (40) hours
in any one week as provided for above; and provided further that
if an emergency exists in which the product may deteriorate or be
destroyed while in a perishable condition, such employee may be
permitted to work in excess of ten (10) hours in any one day for
the purpose of processing said perishable product into a non-perish-
able condition, provided that they are paid at the rate of not less
than time and one-third of the normal rate of pay for all hours
worked in excess of ten (10) hours in any one day.
b. Watchmen, guards, engineers, firemen and employees engaged
in maintenance or repair work, clerical or office work, and members
of shipping crews shall not be permitted to work in excess of forty-
four (44) hours in any one week nor in excess of nine (9) hours in
any twenty-four (24) hour period, nor in excess of six (6) days in
any seven (7) day period.
2. The Code Authority, with the approval of the Administrator,
may establish such shorter maximum work week than the foregoing
as may be required to further effectuate the purposes of the Act.
3. Except as hereinbefore and hereinafter provided, no overtime
whatsoever shall be permitted in the manufacture, production, as-
sembling or finishing of products manufactured by the Industry.
Any member of the Industry may apply to the Industrial Relations
Committee of the Code Authority for certification of compliance
with all rules and regulations governing the need of employment of
emergency or overtime workers due to shortage of workers. Upon
such certification of compliance and upon favorable recommendation
of such Industrial Relations Committee, the Code Authority may,
subject to the disapproval of the Administrator, permit employment
for overtime work. In no event, however, shall any employee be
permitted to work in excess of five hours per week overtime, nor shall
any overtime be permitted during more than fourteen (14) weeks
in any twelve months period, nor in any market or locality in which
there does not exist an actual shortage of available workers. Rates
299
of pay for such overtime work as may be permitted shall be not less
than 1 and % times the normal rate of pay. Subject to review by
the Administrator, the Code Authority may prescribe additional
rules and regulations concerning overtime employment consistent
herewith.
4. No member of the Industry shall knowingly permit any em-
ployee to work for any time which, when added to the time spent
at work for another member or members of the Industry, exceeds
the maximum permitted herein.
5. The provisions of this Article shall also apply to all employers
insofar as they themselves perform the work of craftsmen.
6. The provisions of this Article shall not apply to outside
salesmen.
7. Each member of the Industry shall administer work in his
charge so as to provide the maximum continuity of employment
practicable for his personnel. The Code Authority shall submit to
the Administrator, as hereinafter provided, a plan for the regula-
tion and stabilization of employment in this Industry.
Article IV — Rates of Pat
1. Except as hereinafter provided, no employee shall be paid less
than a minimum rate of fifteen ($15.00) dollars per week of forty
(40) hours; provided, however, that each employee who is permitted
to work in excess of forty (40) hours per week in accordance with
the provisions of Section 1(b) of Article III shall not be paid less
than the normal rate of pay for such hours worked in excess of forty
(40) in any one week.
2. Learners may be paid not less than $9.00 per week of 40 hours
for the first three months of employment, and not less than $13.00
for the next nine months of employment, after which period of
twelve months employees shall be paid not less than the minimum
of $15.00 per week of 40 hours.
a. If the operation at which any Learner is engaged during the
first three (3) months of his employment has a piecework rate and
the amount earned at such rate is in excess of the rate of nine ($9.00)
dollars per week of forty hours, such Learner shall be paid at such
piecework rates; and if the operation at which any Learner is en-
gaged during the succeeding nine (9) months of his employment has
a piecework rate and the amount earned at such rate is in excess of
the rate of thirteen ($13.00) dollars per week of forty (40) hours,
such Learner shall be paid at such piecework rate.
b. Any time worked by a learner in the Industry shall be deemed a
part of such apprenticeship period, whether such time is worked
continuously, or in more than one shop, or for more than one em-
ployer, or at more than one kind of operation in the same subdivision
of the Industry.
c. The number of Learners engaged by any one employer shall at
no time exceed twenty -five (25%) percent of the total number of
employees engaged by such employer, except that for a period
beginning July 1st and ending December 31, 1934, an additional
twenty-five (25%) percent of the total number of employees may
be employed.
300
3. A person whose earning capacity is limited because of age, phys-
ical or mental handicap, or other infirmity, may be employed on
light work at a wage below the minimum established by this Code,
if the employer obtains from the state authority, designated by the
United States Department of Labor, a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Such authority shall be guided by the
instructions of the United States Department of Labor in issuing
certificates to such persons. Each Employer shall file monthly with
the Code Authority, a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for
such employee.
4. This Article establishes minimum rates of pay which shall apply
irrespective of whether or not an employee is compensated on a time
rate or other basis, and the Code Authority shall at times specified
by the Administrator, investigate and report on the effect of such
rates of pay on fair competition in the Industry, and the contin-
uance of such rates of pay, as minimum rates of pay only.
5. No employer shall make any reduction in the full time weekly
earnings of any employee whose normal full time weekly hours are
reduced by twenty percent (20%), or less, below those existing for
the four weeks ending July 1, 1933. When the normal full time
weekly hours of an employee are reduced by more than said per-
cent, the full time weekly wage of such employee shall not be re-
duced by more than one-half of the percentage of hour reductions
above said percent. In no event shall hourly rates of pay be re-
duced, irrespective of whether compensation is actually paid on an
hourl3^ weekly, or other basis, nor shall any wages be at less than
the minimum rates herein provided.
Within thirty (30) days of the effective date hereof, (unless such
adjustment has been made theretofore) each employer shall adjust
the schedule of wages of his employees in such an equitable manner
as will conform to the provisions hereinabove set forth, and still
preserve wage differentials reasonably proportionate to those in
effect prior to the effective date of this Code.
6. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male
employees.
7. No employer shall reclassify employees or duties of occupa-
tions performed or engage in any subterfuge so as to defeat the
provisions of the Act or of this Code.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the Industry in any capacitj^ In any state, any employer shall
be deemed to have complied with this provision as to age, if he
shall have on file a certificate or permit, duly signed by the authority
in such state empowered to issue employment or age certificates or
permits showing that the employee is of the required age.
(a) No person under eighteen (18) years of age shall be employed
at operations or occupations, if any, which are hazardous in nature
or detrimental to health. The Code Authority shall submit to the
301
Administrator -within ninety (90) days of the effective date of this
amendment a list of all such operations or occupations.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of emjDloyers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
3. Xo employee and no one seekuig employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing; and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. Every emploj^er shall provide for the safety and health of his
employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator within six (6) months of the effec-
tive date of this amendment.
6. No manufacturing, assembling, or production work shall be
performed nor be contracted for performance in any home, nor in
any part of the living quarters of any employee or other person,
except in accordance with the provisions of the Executive Order
of the President, dated May 15, 1934.
7. No provisions of this Code shall supersede any law within any
state which imposes more stringent requirements on employers as to
age of employees, wages, hours of work, or as to safety, health, or
sanitary regulations, or insurance, or fire protection, or general
working conditions, than are imposed by this code.
8. All employers shall post and keep posted, copies of the labor
provisions of this Code in conspicuous places, accessible to all em-
ployees. Every member of the Industry shall comply with all rules
and regulations relative to the posting of the provisions of Codes
of Fair Competition which may, from time to time, be prescribed
by the Administrator.
9. No provisions in this Article shall modify established practices
granting privileges as to vacation periods, leaves of absence, or tem-
porary absence from work heretofore granted to office employees.
10. Every employer shall file with the Code Authority a full and
accurate list of all employees, hired, or employed as " Learners ", as
defined above, and shall comply with all rules and regulations pre-
scribed by the Code Authority, with the approval of the Admin-
istrator, governing the employment of Learners in this Industry.
11. The Code Authority, subject to the approval of the Adminis-
trator, shall, within thirty (30) days of the effective date of this
Code, and, if necessary, from time to time thereafter, issue rules
and regulations concerning the manufacture and production of Arti-
ficial Flower and Feather Products and/or any part thereof that
may be necessary or required to finish or complete any Artificial
Flower and Feather Products under conditions known as '' contract-
ing ", and after such approval by the Administrator no member
of the Industry shall manufacture and/or produce or cause to be
302
manufactured and/or produced any Artificial Flower and Feather
Products and/or any part thereof that may be necessary or required
to finish or complete any Artificial Flower and Feather Products
under such conditions of " contracting " unless the " contractor "
shall comply in all respects with all such rules and regulations.
Without limitation, such rules and regulations shall include rules
and regulations concerning (a) registration of contractors and those
employing contractors; (b) uniform written contracts which shall
be used in all relationships between contractors and those employing
contractors; (c) the filing of all such written contracts with the
Code Authority; (d) reports by contractors and those employing
contractors for full compliance with the provisions of this Code
and all amendments when made thereto.
Article VI — Organization, Powers and Duties or the Code
Authority
organization and constitution
1. A Code Authority is hereby established consisting of nine (9)
representatives of the Industry who shall be selected by the Admin-
istrator upon recommendations from members of the Industiy. The
Industry shall be entitled to representation upon the Code Authority
as follows: Decorative Flower Manufacturers, two (2) members,
Flower Manufacturers for the Millinery Trade, one (1) member,
Flower Manufacturers for other apparel trades, one (1) member. The
Feather Industry, two (2) members, Importers and Jobbers, one (1)
member, and two (2) members at large. Members of the Code
Authority shall be appointed to hold office for one year, subject,
however, to the provisions of Section 3,
2. In addition to membership as above provided, there may be
three (3) members, without vote, to be known as Administration
members, to be appointed by the Administrator to serve for such
terms as he may specify.
a. One such member as provided for in Section 2 above shall be
appointed upon nomination by the Labor Advisory Board of the
National Recovery Administration.
3. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of Association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act. '
4. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modification of the Code Authority.
5. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
303
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or nonfeasance.
6. If the Administrator shall at any time determine that any
action of a Code Authority or any agency thereof may be unfair or
unjust or contrary to the public interest, the Administrator may re-
quire that such action be suspended to afford an opportunity for in-
vestigation of the merits of such action and further consideration by
such Code Authority or agency pending final action which shall not
be effective unless the Administrator approves or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
7. Subject to such rules and regulations as may be issued by the
Administrator, the Code Authority shall have the following powers
and duties, in addition to those authorized by other provisions of
this Code :
(a) To insure the execution of the provisions of this Code and to
provide for the compliance of the Industry with the provisions of
the Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code, and
to establish a confidential agency to which such information and
reports are to be delivered by members of the Industry, and to set
up rules and regulations governing the making of returns and reports
by members of the Industry as to: (1) Production, (2) Machine
hours, (3) Labor hours and pay-roll account. The aforesaid reports
shall be made not less than every three months, and at such other
times as the Artificial Flower and Feather Code Authority may de-
termine; provided, that no member of the Industry shall have access
to the confidential returns and data reported by the individual mem-
bers, but all such data shall be correlated, or otherwise presented in
such manner as to avoid disclosure of individual plant operations,
except when its use is necessary to prove or disapprove a complaint
or violation of this Code. In addition to information required to
be submitted to the Code Authority, members of the Industry sub-
ject to this Code shall furnish such statistical information as the
Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act to such Federal and State agencies as he
may designate ; provided, that nothing in this Code shall relieve any
member of the Industry of any existing obligations to furnish re-
ports to any Government agency. No individual report shall be
disclosed to any other member of the Industry or any other party
except to such other Governmental agencies as may be directed by
the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided, that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to, and
comply with, the provisions hereof.
304:
(e) To make reconuiiendations to the Administrator for the co-
ordination of the administration of this Code and such other codes, if
any, as may be related to or affect members of the Industry.
(f ) 1, It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem nec-
essary (1) an itemized budget of its estimated expenses for the
foregoing purposes, and (2) an equitable basis upon which the
funds necessary to support sucli budget shall be contributed by
members of the Industry ;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal proceed-
ings therefor in its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and reg-
ulations pertaining thereto issued by the Administrator. Only mem-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as hereinabove provided, shall
be entitled to participate in the selection of members of the Code
Authorit}^ or to receive the benefits of any of its activities.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions,
to govern members of the Industry in their relations with each other
or with other Industries; measures for industrial planning, and sta-
bilization of employment; and including modifications of this Code
which shall become effective as part hereof upon aj^proval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes
as may be related to the Industry for the purpose of formulating
fair trade })ractices to 'govern the relationships between employers
under this Code and under such other codes to the end that such
fair trade practices may be proposed to the Administrator as amend-
ments to this Code and such other codes.
8. Cost Finding. — The Code Authority shall cause to be formu-
lated methods of cost finding and accounting capable of use by all
I
305
members of the Industry, and shall submit such methods to the
Administrator for review. If approved by the Administrator, full
information concerning such methods shall be made available to all
members of the Industry. Thereafter, each member of the Industry
shall utilize such methods to the extent found practicable. Nothing
herein contained shall be construed to permit the Code Authority,
any agent thereof, or any member of the Industry to suggest uniform
additions, percentages or differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
prices.
Article VII — Trade Practice Eules
1. No member of the Industry shall publish advertising (whether
printed, radio, display or of any other nature), which is misleading
or inaccurate in any material particular, nor shall any member in
any way misrepresent any goods (including, but without limitation,
its\ise, trademark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content or preparation) or credit
terms, values, policies, services, or the nature or form of the business
conducted. , • , , 1 1 p
2. No member of the Industry shall knowingly withhold from or
insert in any quotation or invoice any statement that makes it inac-
curate in anv material particular.
3. No member of the Industry shall brand or mark or pack anj
woods in any manner which is intended to or does deceive or mislead
purchasers with respect to the brand, grade, quality, quantity, origin,
size, substance, character, nature, finish, material, content or prepara-
tion of such goods. , „ -, - ^-^ u -c 1 1
4. No member of the Industry shall defame a competitor by falsely
imputing to him dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by other false representation,
or by falsely disparaging the grade or quality of his goods.
5. Threats of Law Suits. No member of the Industry shall pub-
lish or circulate unjustified or unwarranted threats of legal proceed-
ings which tend to or have the effect of harrassing competitors or
intimidating their customers.
6. No member of the Industry shall secretly offer or make any
payment or allowance of a rebate, refund, commission credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise, nor shall a member of the Industry for the purpose
of influencing a sale, offer or extend to any customer any special
service or privilege not extended to all customers of the same class.
7. No member of the Industry shall give, permit to be given, or
offer to give, anything of value for the purpose of influencing or
rewarding any employee, agent, or representative of another in rela-
tion to the business of the employer of such employee, the principal
of such agent or the represented party, without the knowledge of
such employer, principal or party. This provision shall not be con-
strued to prohibit free and general distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
6. No member of the Industry shall wilfully induce or attempt to
induce the breach of existing contracts between competitors and
306
their customers by any false or deceptive means, or interfere with
or obstruct the performance of any such contractual duties or serv-
ices by any such means, with the purpose and effect of hampermg,
injuring or embarrassing competitors in their business.
9. No member of the Industry shall require that the purchase or
lease of any goods be a prerequisite to the purchase or lease of any
other goods.
10. No member of the Industry shall grant any cash discount in
excess of two (2%) percent, ten (10) days, E.O.M. to any pur-
chaser of decorative flowers, prepared plants, botanical products, or
raw fancy feathers, nor to any manufacturer of dresses, coats and
suits, garters, handbags, shoes, slippers, or undergarments; and no
member of the Industry shall grant a cash discount in excess of
eight (8%) percent, ten (10) days, E.O.M. to any purchaser of any
other article not covered by the above provisions.
11. No member of the Industry shall accept returned merchandise
for credit under any circumstances except in accordance with the
following :
(a) Members of the Industry may accept merchandise for
credit which has been shipped by a customer within five (5) work-
ing days from the date of receipt by the customer in his store,
only for the following reasons : errors in shipment, delay in
delivery, defective material or w^orkmanship or any breach of
contract. Members of the Industry shall not accept merchan-
dise for credit unless accompanied by a letter or regular return
form mailed by the customer to the manufacturer stating the
contents of the i^ickage, reason for the return and the date on
which the merchandise was received.
(b) Members of the Industry may accept merchandise for
credit which has been shipped by the customer after five (5)
working days from the date of receipt by the customer in his
store, only for the following reasons : defective material or
workmanship or breach of contract which cannot be detected by
a reasonable inspection within the stated five (5) w^orking days,
arid under circumstances defined by the Code Authority subject
to the disapproval of the Administrator.
12. All shipments to customers shall be made f.o.b., point of
shipment.
Article VIII — Price Fixing
1. No member of the Industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the Industry to
change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create.
Article IX — Cost and Price Cutting
1. The standards of fair competition for the Industry with refer-
ence to pricing practices are declared to be as follows :
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry*
307
or of any other Industry, or the customers of either, may at any
time complain to the Code Authority that any price quoted
and/or charged constitutes unfair competition as destructive
price cutting, imperiling small enterprises or tending toward
monopoly or the impairment of code wages and working condi-
tions. The Code Authority shall within five (5) days afford an
opportunity to the member quoting and/or charging the price
to answer such complaint and shall within fourteen (14) days
make a ruling or adjustment thereon. If such ruling is not
concurred in by either party to the complaint, all papers shall
be referred to the Research and Planning Division of NRA
which shall render a report and recommendation thereon to the
Administrator.
(b) When no declared emergency exists as to any given
product, there is to be no fixed minimum basis for prices. It is
intended that sourid estimating methods should be used and that
consideration should be given to costs in the determination of
pricing policies.
(c) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of
Section 2 hereof, is forbidden.
2. Emergency Provisions :
(a) If the Administrator, after investigation shall at any
time find both (1) that an emergency has arisen within the In-
dustry adversely affecting small enterprises or wages or labor
conditions, or tending toward monopoly or other acute conditions
which tend to defeat the purposes of the Act; and (2) that the
determination of the stated minimum jDrice for a specified prod-
uct within the Industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effec-
tuate the purposes of the Act, the Code Authority may cause an
impartial agency to investigate costs and to recommend to the
Administrator a determination of the stated minimum price of
the product affected by the emergency and thereupon the Ad-
ministrator may proceed to determine such stated minimum
price.
(b) When the Administrator shall have determined such
stated minimum price for a specified product for a stated period,
which price shall be reasonably calculated to mitigate the condi-
tions of such emergency and to effectuate the purposes of the
National Industrial Recovery Act, he shall publish such price.
Thereafter, during such stated period, no member of the Indus-
try, shall sell such specified proclucts at a net realized price below
said stated minimum price and any such sale shall be deemed
destructive price cutting. From time to time, the Code Author-
ity may recommend review or reconsideration or the Adminis-
trator may cause any determinations hereunder to be reviewed
or reconsidered and appropriate action taken.
Article X — Modification
1.^ This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
86360—34 10
308
visions of subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act.
2, Such of the provisions of this Code as are not required to be in-
cluded herein by the Act may, with the approval of the Administra-
tor, be modified or eliminated in such manner as may be indicated by
the needs of the public, by changes in circumstances or by experience,
All the provisions of this Code, unless so modified or eliminated,
shall remain in effect until June 16, 1935.
Article XI — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XII — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller's
costs.
Article XIII — Effective Date
This amended Code shall become affective on and after the second
Monday after its approval, and shall thereupon supersede the Code
of Fair Competition for the Artificial Flower and Feather Industry,
approved on September 7, 1933.
Approved Code No. 29 — Amendment No. 1.
Registry No. 1603-02.
Approved Code No. 16 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
HOSIERY INDUSTRY
As Approved on August 14, 1934
ORDEE
MoDiriCATION OF CODE OF FaIK COMPETITION FOR THE HoSIERY
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion of a Code of Fair Competition for the Hosiery Industry, and
hearings having been duly held thereon and the annexed report on
said modification, containing findings with respect thereto; having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543^A, dated December 30,
1933, and othei*wise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification be
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
Hugh S. Johnson,
Adininistrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D. C,
August llf., IQSJ)..
(309)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir : This is a report on the Hearing covering the Amendment to
the Code of Fair Competition for the Hosiery Industry, held in
Room 3204, Department of Commerce Building, Washington, D.C.,
Fridaj'^, March 9, 1934. The Amendment, which is attached, was
presented by duly qualified and authorized representatives of the
Industry, complying with statutory requirements and being the same
Agency that originally submitted the Code.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
PROVISIONS OF THE AMENDMENT
This is one amendment which defines the conditions under which
all sales will be made in the Industry, and under which sales con-
tracts should be entered into.
FINDINGS
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action among trade groups, by inducing and maintaining
united action of labor and management under adequate governmental
sanction and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present produc-
tive capacity of industries, by avoiding undue restriction of produc-
tion (except as may be temporarily required), by increasing the
consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemployment,
by improving the standards of labor, and by otherwise rehabilitating
industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(310)
311
(c) The National Association of Hosiery Manufacturers was and
is an industrial associaton truly representative of the aforesaid
industry and that said association imposed and imposes no inequi-
table restrictions on admission to membership therein and has applied
for or consents to this amendment.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons this amendment has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 14. 1934.
MODIFICATION OF CODE OF FAIE COMPETITION FOR
THE HOSIERY INDUSTRY
Amend Article VIII — Fair Trade Practice, Section 1. GontractSy
by removing therefrom subsection (b) and renumbering and entitling
it " Section 6 — Listing ".
Also remember Sections 6 to 15 to be Sections 7 to 16 respectively.
Cancel subsections (a) and (c) of Section 1. Contracts^ and sub-
stitute therefor an entire new section to read as follows :
1. Uniform Conditions of Sale. — The following Conditions of Sale
will be binding on all members of the Hosiery Industry :
(a) All orders are subject to acceptance by the mill.
(b) All orders are accepted subject to delays, partial deliver}- and
non-delivery caused by labor difficulties, or conditions beyond control
of the seller. In such cases, the seller shall promptly notify the
buyer, and the buyer shall have the right to cancel any undelivered
or unfinished portion of the order. Failure of the buyer to either
cancel or confirm within ten days after receipt of notice shall be
construed as cancellation.
(c) (1) Anticpation of payment, if allowed, shall not be at a rate
in excess of 6% per annum.
(2) Any invoices not paid on due date shall be subject to interest
at the rate of 6% per annum.
(3) Dating in excess of seller's established terms shall be subject
to interest at the rate of 6% per annum.
(4) A discount becomes " unearned discount " and is forfeited
upon failure of payment of invoices on due dates, according to terras.
(d) Cancellation may be effected only:
(1) By the buyer, because of failure of the seller to make deliver-
ies on the specified delivery dates, provided the buyer has furnished
details in keeping with contract commitments, and provided the
buyer has given the seller at least 10 days written notice, (either
before or after the date) of his intention to cancel past due deliv-
eries. Until or unless a past due delivery is cancelled in the manner
provided herein, the commitment of the buyer therefor remains in
force.
'2) By the seller, because of impairment of customer's credit.
^3) In accordance with sub-section (b) of this section.
(e) Any controversy or claim arising out of or relating to this
contract or the breach thereof, shall be settled by arbitration, in
accordance with the Rules, then obtaining, of the American Arbitra-
tion Association, and judginent upon the award rendered may be
entered in the highest court of tlie forum, state or federal, having
jurisdiction; provided this provision for arbitration shall not have
been deleted by the purchaser upon, or prior to, the execution of this
contract.
Approved Code No. 16 — Amendment No. 4.
Registry No. 241-02.
(312)
Approved Code No. 275B — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
CARBON DIOXIDE INDUSTRY
As Approved on August 16, 1934
ORDER
Approving Amendments of Supplementary Code of Fair Compe-
tition FOR the Carbon Dioxide Industry
A division of the chemical manufacturing industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Supf)lementary Code of Fair Competition for the Carbon Diox-
ide Industry, a Division of the Chemical Manufacturing Industry,
and an oiDportunity to be heard having been given and the annexed
report on said amendments containing findings with respect thereto
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate by reference, said
annexed report and do find that said amendments and the Code as
constituted after being amended comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendments be and
they are hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended, provided that the provisions of Article IV,
Section 9, Contractual Relationship with Jobbers and/or Distribu-
tors, as amended shall remain in force only for the remainder of
the six month period beginning May 14, 1934, that is the effective
date of the Code approved on May 4, 1934, as was provided in the
(313)
314
Order of approval of the Code unless such period shall be extended
by the Administrator and provided that said amendments and this
Order shall become effective on the tenth day after the date hereof.
Hugh S. Johnson,
Administrator for Industridi Recovery.
Approval recommended:
Geo. L. Beery,
Division Administrator.
Washington, D.C,
Augitst 16, 193Jf.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the proposed amendments to the Supple-
mentary Code of Fair Competition for the Carbon Dioxide Industry,
a division of the Chemical Manufacturing Industry, as approved
by me on May 4, 1934. A notice of opportunity to be heard on these
amendments was published on June 22, 1934. Full opportunit}'^ to
be heard was given to all interested parties.
The purposes and effects of the amendments are as follows :
Amendment No. 1 enables the Code Authority to incur such reason-
able obligations as are necessary for the administration of the Code.
It requires that the Code Authority submit for approval of the
Administrator an itemized budget and an equitable basis of pro-
rating the assessments to be collected from the members of the In-
dustry. Payment of an equitable contribution to the expenses of the
Code Authority by members of the Industry is made mandatory by
this amendment if their principal line of business is covered by
this Code.
Amendment No. 2 deletes Section 1, Price Lists, Section 2, Revised
Price Lists, and Section 3, Adherence to Price Lists, of Article IV
of the approved Code and substitutes therefor Sections 1, 2 and 3
of Exhibit A in Office Memorandum No. 228, with certain minor
modifications, these being the open price filing provisions proposed
by the Administration.
The Code Authority proposed that the Chairman of the Code
Authority shall act as the confidential and disinterested agent of
the Code Authority with whom members of the Industry shall file
price lists. This, however, has been changed back to the Admin-
istration's more general proposal, leaving it to the Code Authority
to designate a " confidential and disinterested agent " because the
designation of a particular individual or agency in a Federal statute
is not considered advisable, owing to the possibility of change.
Amendment No. 3 deletes Section 4 of Article IV and substitutes
therefor Section 4 of Exhibit A of Office Memorandum No. 228.
Amendment No. 4 inserts a new Section 9 in Article IV which is
merely a revision of the old Section 4 (deleted by Amendment No. 3)
in order that it shall refer to the equivalent provisions as renum-
bered by these amendments.
Amendment No. 5 establishes a new article to be known as Article
IV-A, Trade Practice Provisions — Price Cutting, which is Sec-
tion 1 (a) of Exhibit B of Office Memorandum No. 228 with a minor
modification.
Amendment No. 6 deletes Section 2 of Article V and substitutes
therefor a new Section 2, the purpose of which is to clarify the
existing provision because of complaints made in regard to same.
(315)
316
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation subsection (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Carbon Dioxide Institute was and is an industrial asso-
ciation truly representative of the aforesaid Industry and that said
association imposed and imposes no inequitable restrictions on
admission to membership therein and has applied for these
amendments.
(d) These amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) These amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, these amendments have been approved.
Respectfully,
Hugh S. Johnson,
Admvinistrator.
August 16, 1934.
AMENDMENT TO SUPPLEMENTAKY CODE OF FAIR COM-
PETITION FOR THE CARBON DIOXIDE INDUSTRY
A DIVISION OF THE CHEMICAL MANUFACTTJKING INDUSTRY
Amendment 1. Delete Section 4 of Article III and substitute
therefor the following:
" Section 4 A. It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized :
"(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code :
"(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry :
"(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
" B. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, shall be entitled to participate in the selection of members
of the Code Authority or to receive the benefits of any of its volun-
tary activities or to make use of any emblem or insignia of the
National Recovery Administration.
" C. The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Administra-
tor shall have so approved."
Amendment 2. Delete Sections 1, 2 and 3 of Article IV, and
substitute therefor the following : Sections 1, 2 and 3.
" Section 1. Each member of the Industry shall file with a con-
fidential and disinterested agent of the Code Authority, identified
lists of all of his prices, discounts, rebates, allowances, and all other
(317)
318
terms or condition of sale, hereinafter in this article referred to as
' price terms ', which lists shall completely and accurately conform to
and represent the individual pricing practices of said member. Such
lists shall contain the price terms for all such standard products of
the Industry as are sold or offered for sale by said member and for
such non-standard products of said member as shall be designated by
the Code Authority. The provisions of Section 1 of Article IV of
the Supplementary Code approved May 4, 1934 which obligated
members of the Industry to file initial price lists with the Code
Authority within 15 days after the effective date of this Code is not
changed insofar as the time for filing the initial price lists is con-
cerned. Price terms and revised price terms shall become effective
immediately upon receipt thereof by said agent. Immediately upon
receipt thereof, said agent shall by telegraph or other equally prompt
means notify said member of the time of such receipt. Such lists
and revisions, together with the effective time thereof, shall upon
receipt be immediately and simultaneously distributed to all mem-
bers of the Industry and to all of their customers who have applied
therefor and have offered to defray the cost actually incurred by the
Code Authority in the preparation and distribution thereof and be
available for inspection by any of their customers at the office of such
agent. Said lists or revisions or any part thereof shall not be made
available to any person until released to all members of the Industry
and their customers, as aforesaid; provided, that prices filed in the
first instance shall be released in accordance with Section 1 of Article
IV of the Supplementary Code approved May 4, 1934. The Code
Authority shall maintain a permanent file of all price terms filed as
herein provided, and shall not destroy any part of such records ex-
cept upon written consent of the Administrator. Upon request the
Code Authority shall furnish to the Administrator or any duly desig-
nated agent of the Administrator copies of any such lists or revisions
of price terms.
" Section 2. When any member of the Industry has filed any revi-
sion, such member shall not file a higher price within forty-eight
(48) hours.
" Section 3. No member of the Industry shall sell or offer to sell
any products and/or services of the Industry, for which price terms
have been filed pursuant to the provisions of this article, except in
accordance Avith such price terms."
Amendment 3. Delete Section 4 of Article IV and substitute there-
for a new Section as follows :
" Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the Indus-
try to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free
and open market which is the purpose of this article to create."
Amendment 4. Substitute for Section 4 of Article IV which has
been deleted by Amendment 3 the following revision of old Section 4,
to be designated as Section 9 of Article IV :
" Section 9. Contractual Relationship with Jobbers and/or Dis-
tributors : Every member of the Industry shall enter into a written
agreement with his jobbers and/or distributors within the Metropoli-
319
tan areas of plant and/or warehouse cities whereby such jobbers
and/or distributors a^ree to file price schedules in accordance with
Section 1 of Article IV of this Code (as amended) and to abide by
Sections 2, 3, 4, 5, 7, 8 and 9 of Article IV (as amended) and Article
IV-A and Sections 2 (a) and 2 (b) of Article V (as amended) and
Section 2 of Article VI. The Code Authority shall require each
member of the Industry to file a copy of each agreement which he
may make with a jobber and/or distributor." ^
Amendment 5. Insert a new article to be Article IV-A, Trade
Practice Provisions — ^Price Cutting, to read as follows:
" Wilfully destructive price cutting is an unfair method of com-
petition and is forbidden. Any member of the Industry or of any
other industr}^ or the customers of either may at any time complain
to the Code Authority that any filed price constitutes unfair competi-
tion as destructive price cutting, imperiling small enterprise or tend-
ing toward monopoly or the impairment of code wages and working
conditions. The Code Authority shall within 5 days afford an
opportunity to the member filing the price to answ^er such complaint
and shall within 14 days make a ruling or adjustment thereon. If
such ruling is not concurred in by either party to the complaint, all
papers shall be referred to the Research and Planning Division of
National Recovery Administration which shall render a report and
recommendation thereon to the Administrator.
Amendment 6. Delete Section 2 of Article V, Misuse of Containers,
and substitute therefor the following :
" Section 2. Misuse of Containers.
"(a) To fill with, or use in the transportation of. Solid Carbon
Dioxide any container without permission of the owner of said
container, shall be an unfair trade practice.
"(b) To fill with Solid Carbon Dioxide any apparatus which does
not have the official approval that is or may be required by any
Federal, State, Municipal and other Governmental agencies or
departments, shall be an unfair trade practice."
Approved Code No. 275B — Amendment No. 1.
Registry No. 69&-20.
■ See paragraph 2 of Order approving this Amendment.
Approved Code No. 118 — Amendment No, 5
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON GARMENT INDUSTRY
As Approved on August 16, 1934
ORDER
Amendment to the Code of Fair Competition for the Cotton
Garment Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of amend-
ments to a Code of Fair Competition for the Cotton Garment In-
dustry, and hearings having been duly held thereon, and the an-
nexed report on said amendments, containing findings with respect
thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report, and do find that amendments and the Code as con-
stituted after being amended, comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that except as hereinafter pro-
vided said amendments be and they are hereby approved, and that
the previous approval of said Code is hereby modified to include
an approval of said Code in its entirety as amended;
PROVIDED, HOWEVER, that the approval of the amendment
granted hereby does not extend to Section 32 of Schedule E cover-
ing the Washable Service Apparel Industry; it is
FURTHER ORDERED that said amendments shall become effec-
tive as part of the Code ten (10) days after the date hereof.
Hugh S. Johnson,
Administrator for Indibstrial Recovery.
Approval recommended:
William P. Farnswoeth,
Acting Division Administrator.
Washington, D.C,
August 16, 19S4.
(321)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : The Public Hearing on amendments to the Code of Fair Com-
petition for the Cotton Garment Industry as proposed by the Code
Authority for this Industry was conducted on Tuesday, May 22, 1934,
in the Sun Parlor, Washington Hotel, Washington, D.C.
Every person who requested an appearance was fairly heard in
accordance with the requirements of the National Recoverj'^ Admin-
istration. Present were authorized representatives of the Code Au-
thority for this Industry, representatives of each of the Sub-Divi-
sional Trade Associations, representatives of the National Retail Dry
Goods Association and representative members of the Industry.
The Amendments are drafted as a new Article XIX of the Code
of Fair Competition and completes the Code inasmuch as up to this
time the Cotton Garment Code has had no Fair Trade Practices.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found has herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily^ required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise re-
habilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore
said amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(322)
323
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons these trade practice provisions have been ap-
proved.
Respectfully,
Hugh S. Johnson,
AdTTiinistrator.
August 16, 1934.
HiVMw — ;:4 1 1
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON GARMENT INDUSTRY
The Code of Fair Competition for the Cotton Garment Industry-
approved November 17, 1933, as amended, is hereby further amended
by adding thereto a new article to be known as Article XIX, to read
as follows:
Article XIX
Section 1. To further remove obstruction to the free flow in
industry and commerce in the Cotton Garment Industry and the
subdivisional industries thereof, to eliminate unfair competitive
practices, to improve standards of labor, to rehabilitate the industry
and more fully effectuate the policy of Title I of the National
Industrial Recovery Act, the following shall constitute fair trade
practices under the Code :
Section 2. Nothing in this Article with respect to fair trade prac-
tices shall be construed for any purpose or under any circumstance
as superseding the provisions of this Code as amended, but it shall
be construed as supplemental to this Code as amended and any pro-
vision of this Article made a part hereof, found to be in conflict with
any of the provisions of this Code as amended shall be null and void.
Section 3. The respective trade associations for the industry shall
be the agencies to cooperate with the Code Authority and the Ad-
ministrator in the administration of this Article, provided, however,
that:
(a) The Code Authority under such Rules and Regulations as
may be approved by the Administrator may assign to the trade
associations the general supervision, subject to review by the Code
Authority, of the administration of this Article, or any part thereof.
(b) The Code Authority immediately upon the approval of this
Article shall notify the respective trade associations of the sub-
divisional industries affected and each such association may file with
the Code Authority an application that such subdivisional trade
association be set up as the administrative agency with respect to the
administration of this Article, or any part thereof.
(c) Any trade association approved both by the Code Authority
and the Administrator under the Code is an agency in the admin-
istration of the provisions of this Article and at all times shall be
bound by the Rules and Regulations of the Code Authority, or the
Administrator. No act of any association in the conduct of its duties
shall violate any of the provisions of this Code.
(d) Any act of any trade association to Avhich there shall have
been assigned by the Code Authority any power, duty, or function
under the provisions of this Article, shall be at all times subject to
review and disapproval by the Code Authority and the Admin-
istrator, and nothing herein shall be construed as granting to any
trade association any power or authority except that specifically
(324)
325
assigned by the Code Authority, nor shall any provision herein be
construed to relieve the Code Authority of its ultimate responsibility
for the proper administration of the Code.
Section 4. The Code Authority may disburse to any trade associa-
tion, approved as an aid in the administration of this Article, from
its funds such amounts as from time to time inay be necessary and
proper to defray the expenses of such association in the administra-
tion of, and compliance with this Article.
Section 5. Inaccurate Advertising. — No member of the industry
shall publish advertising (whether printed, radio, display or of any
other nature), which is misleading or inaccurate in any material
particular, nor shall any member in any way misrepresoit any goods
(including but without limitation its use, trade-mark, grade, quality,
quantity, origin, size, substance, character, nature, finish, niaterial
content or preparation), or credit terms, values, policies, services, or
the nature or form of the business conducted.
Section 6. False Billing. — No member of the industry shall know-
ingly withhold from or insert in any quotation or invoice any state-
ment that makes it inaccurate in any material particular.
Section. 7. Inaccurate Labeling. — No member of the industry shall
sell, brand, mark or pack any goods in any manner which is in-
tended to or does deceive or mislead purchasers with respect to the
prices, brand, grade, quality, quantity, origin, size, substance, char-
acter, nature, hnish, material content or preparation of such goods.
Seci^ion 8. Defamation. — No member of the industry shall defame
a competitor by falsely imputing to him dishonorable conduct, in-
ability to perform contracts, questionable credit standing, or by
other false representation, or by falsely disparaging the grade or
quality of his goods.
Section 9. Threats of Law Suits. — No member of the industry
shall publish or circulate unjustified or unwarranted threats of legal
proceedings which tend to or have the effect of harassing competitors
or intimidating their customers.
Section 10. Bribing Ein'ployees. — No member of the industry shall
give, permit to be given, or offer to give, anything of value for the
purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of
the employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, princi-
pal or party. This provision shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial brib-
ery as hereinabove defined.
Section 11. Inducing Breach of Existing Contracts. — No member
of the industry shall wilfully induce or attempt to induce the breach
of existing contracts between competitors and their customers by any
means, or interfere with or obstruct the performance of any"^ such
contractual duties or services by any means, with the purpose and
effect of hampering, injuring or embarrassing competitors in their
business.
Section 12. Consignment. — No member of the industry shall ship
or sell goods on open order subject to consignment, or by sales
agencies, or by any other method which has the effect of selling on
326
consignment or memorandum guaranteeing retail or wholesale turn-
over.
Section 13. Keeping of Records. — All members of the industry
and all agencies thereof shall be required to keep a substantial
record of all transactions.
Section 14. Arl)it7'ation. — Any question or dispute which may
arise between or among any persons, or between or among any of
them and other persons, firms, or corporations, for the settlement
of which provision has not or shall not have been made in this Code
may be submitted to arbitration to or under the auspices of any
institution of recognized standing having adequate facilities for the
conduct of such arbitration; provided all parties involved agree to
such method of arbitration, and the decisions of such arbitration
shall be final and binding upon all parties.
Section 15. Coimnission on Contractors. — The Administrator shall
forthwith appoint a commission of three persons, one of whom shall
represent labor and shall be nominated by the Labor Advisory
Board of NE-A, one of whom shall represent the manufacturers and
one the contractors, to investigate all industries engaged in the dis-
tribution of work to contractors. The commission shall study and
investigate the conditions within the industry in order to determine
what shall be a fair compensation to be paid by the manufacturers to
contractors, and the entire question of the relationship between man-
ufacturer and contractor. The commission shall study the above
pientioned subject and report thereon to the Administrator within
three months after the approval of x4.rticle XIX of this Code. Upon
receipt of the report, the Administrator may hold hearings to con-
sider such report. The decision rendered by the Administrator as
a result of the said hearing shall be effective as of the date approved
by the Administrator. The expenses of the said commission shall be
paid by the Code Authority, pro rated among such subdivisional
industries as affected by this Section.
Section 16. Standards. — The Fair Trade Practice Complaints
Committee hereafter to be set up in accordance with NRA Bulletin
No. 7 entitled " Manual for the Adjustment of Complaints " may set
up an agency to work in conjunction with the Bureau of Standards
of the United States Government to promulgate regulations to pre-
vent misrepresentation and submit to the Code Authority for sub-
mission to the Administrator for his approval a set of standards,
which, upon their approval, shall become part of this Code and vio-
lations will be subject to the penalties of the Act.
Section 17. Returned Goods. — No merchandise purchased and
shipped in good faith and in accordance with the buyer's specifica-
tions within the specified time shall be permitted to be returned to
the seller after ten days after its receipt by the purchaser, except on
account of clerical or delivery error or faulty merchandise. This
Section shall be construed as supplementary to special provisions
in the schedule for subdivisional industries hereinafter set forth.
Section 18. Advertising Allowances. — No member of the industry
shall giA''e any advertising allowance to a customer in excess of fifty
per cent of the cost of said advertising for the purpose of promoting
the resale of products of said member. Nor shall any member of the
industry give any advertising allowance to any customer for the pur-
327
pose of promoting the resale of said member's products below the
price at which said member has sold his products to the customer.
This shall not be construed to prohibit the giving of display matter.
No member of the industry shall give any advertising allowance to
a customer for any advertising which is intended to promote the
resale of any products of any person other than that of said member
of the industry.
This provision shall not apply to the Oiled Cotton Garment
Industry.
Section 19. Rebates. — No rebate, bonus, excess discount, freight,
or other allowance shall be allowed unless the same are made avail-
able to all customers under like terms and conditions.
This provision shall not apply to the Nurses', Maids' and Women's
Apron and Uniform Manufacturing Industry.
Section 20. Eliinination of Gut., Make and THm. — No manufac-
turer or contractor shall make products of his subdivisional industry
from fabrics and/or other materials owned or supplied by a jobber, a
retail distributor, or the agent, representative, or corporate sub-
sidiary or affiliate of any such retail distributor ; nor shall he manu-
facture such products from fabrics and/or other materials, the pur-
chase of which is made upon the credit of, or payment for which
is guaranteed by, such retail distributor or agent, representative
or corporate subsidiary or affiliate of such retail distributor.
The provisions of this Section shall apply only to :
The Men's and Boys' Shirt and Blouse Industry except work
shirts with the exception of shirt makers making shirts to measure
for retailers' custom shirt departments.
The Men's and Boys' Pajama and Night Shirt Industry.
The Sheep Lined and Leather Garment Industry.
The Cotton Undergarment and Sleeping Garment Industry.
The Work Shirt Manufacturing Industry.
The Work Clothes Manufacturing Industry.
Section 21. Ship^neiit of Prison Made Goods. — No memlier of the
industry shall ship any merchandise or goods manufactured by
prison labor into any State where the sale of said goods is prohibited
or restricted by State law, and in the event that State laws shall
require other conditions such as branding, then the same member of
the industry shall conform with all of the local requirements of .he
particular State.
The violation of any of the provisions of schedules hereinafter
set forth by any member of the subdivisional industry affected shall
constitute an unfair trade practice, and shall be deemed to be a vio-
lation of this code. It shall also be an unfair trade practice and a
violation of this code to enter into any agreemenf, arrangement or
understanding, the result of which shall be to avoid or violate any
provisions of this code, or to employ any subterfuge whatsoever to
avoid, evade or circumvent any provisions hereof.
Schedule A
men's and boys' shirt and blotise industry except work shirts
Section 22. Terms. — No terms of sale shall be in excess of 3/lQ
days E.O.M., or 2/10-60 extra. No extra dating shall be allowed,
328
nor shall any other subterfuge or change in these terms be used,
except that merchandise shipped on or after the 25th of any month
may be dated as of the first of the following month. In no case
shall anticipation of payment exceed 6 per cent per annum.
Section 23. Misrepresentation and Irregulars. — (a) Manufactur-
ers shall not designate material on any shirts unless it represents
a major portion of the fabric of such shirt.
(b) Manufacturers shall place on shirts not of first quality such
marking as may be directed by the Code Authority under general
rules and regulations applicable to all manufacturers, indicating
such shirts as " irregulars " in indelible ink on the center of the
neckband of the shirts where it may be seen by purchaser. Sucli
stamping shall be plainly legible.
Schedule B
men's and boys' pa jam a and night shirt industry
Section 24. Terms. — No member of this subdivisional industry
shall give terms of sale in excess of 2/10-60 extra, or 3/10 E.O.M.,
in which latter case delivery made after the 25th of any month may
be dated as of the first of the following month.
Sec. 25. No member of this subdivisional industry shall affix to
any of his products inaccurate, fictitious or misleading resale prices.
Schedule C
oiled cotton garment industry
Sec. 26. Terms. — No member of this subdivisional industry shall
grant terms in excess of 2/10 E.O.M.
Sec. 27. No member of this subdivisional industry shall give
customers' labels of any kind free of charge.
Schedule D
the union-made garment industry
Sec. 28. Terms. — (a) No member of this subdivisional industry
shall grant terms in excess of net 30 days, or 10 prox. from date of
shipment; no extra dating.
(b) Orders for seasonal merchandise may be shipped prior to
shipping date and invoice may be dated as of the shipping date speci-
fied on the order. Seasonal merchandise consists of light garments
for Spring and heavy garments for the Fall. In no case shall ship-
ment be made prior to 30 days in advance of shipping date.
Section 29. All " seconds " and imperfect garments shall be identi-
fied as such by stamping legibly and indelibly the word " second "
on the ticket and the white pocket, or if the garment has no white
pocket, stamping shall be done on some other conspicuous place.
Section 30. Returned Goods, (a). No member of this subdivisional
industry shall accept returned goods of any stock in exchange for
new stock.
(b) The return of used merchandise because of weak fabrics and
materials and/or faulty construction will be permissible, but no gar-
329
ment shall be accepted in return if it has been destroyed or mutilated
maliciously or damaged by acids, chemicals, oils and grease, or dam-
aged through tears, snags, or rips, result of carelessness or damaged
by rotting or mildew or damaged by improper washing, or if the
garments have been worn, or if the garments are alleged to have
shrunk, except where sold as pre-shrunk, and except for latent
defects.
Schedule E
washable service apparel industry
Section 31. Terms. — No member of this subdivisional industry
shall grant cash discounts in excess of 2/10 e.o.m., net 60 days, or
2/30 days, net 60 daj^s, irrespective of quantity purchases, distribu-
tion, or extension of delivery dates. Shipments on or after the
25th of any month of e.o.m. terms may be dated as of the first of
the following month.
Section 32. ForxDard Contracts. — No member of this subdivisional
industiy shall make contracts, other than with hospitals, Federal,
State, or municipal institutions where the delivery period exceeds
four months from the date of such contracts. No member shall
post-date or falsely date contracts or invoices to frustrate the pro-
visions of this Section.^
Section 33. Property Marking and Labeling. — No member of this
subdivisional industry shall mark or stamp with ink any goods for
a linen supply customer. No member of this subdivisional industry
shall pay for labels of any kind, for any customer.
Schedule F
sheep lined and leather garment industry
Section 34. Terms. — The following are the maximum terms to
apply to sales for men's and boys' garments in this industry :
(a) Johhers., Mail Order Houses and Chain Store Terms. — All
sales of merchandise in January, February and up to March 10th
may have dating as of March 10th net 30 days. From March 11th
to May 31st net 30 days. June 1st to August 10th may have dating
as of August 10th net 30 days. After August 11th net thirty days:
no dating.
(b) Retailers Terins. — All sales of merchandise from October 1st
of current year to May 31st of the following year not to exceed
2% ten days e.o.m. After June 1st the terms granted may be
2% ten days e.o.m. as of September 1st. Merchandise shipped after
the twenty-fifth (25) day of any month may be dated as of the first
day of the following month.
On sales of ladies' leather garments in this subdivisional industry,
it shall be unfair trade practice to sell at a cash discount in excess
of eight (8%) per cent ten days e.o.m., except that merchandise
shipped after the twenty-fifth (25th) day of any month may be
dated as of the first day of the following month.
No order shall be accepted without stipulating the sale price,
terms and date of shipment. No sale shall be made by any member
^ See paragraph 3 of order approving this Amendment.
330
on any other terms except those expressly set forth in the order, con-
tract of sales, or the invoice pertaining to such sale.
All orders for jobbers on drop shipments comprising fifty gar-
ments or less shall bear an additional charge of five (50) cents per
garment.
The following sizes shall be the standard sizes of garments in
this subdivisional industry:
(a) Men^s and Boys'' Garments:
1 Juvenile. Sizes 3-8
2 Boys, Sizes 6-18
Men's Suede Garments, Sizes 34^6
Men's Horsehide and Sheep Lined Garments, Sizes 3i-48
(b) Ladies'' Gartnents:
1 Juvenile, Sizes 2-6
2 Girls, Sizes 8-14
3 Misses, Sizes 14-20
4 Ladies, Sizes 34-42
It shall be an unfair trade practice to sell garments of sizes larger
than the standard sizes hereinabove set forth at less than the addi-
tional cost for such larger sizes. *
Section 35, All manufacturers who let out or cause their garments
to be made by contractors shall file with the Cotton Garment Code
Authority the names and addresses of all such contractors.
Section 36, All sales must be f.o,b. factory except for shipments
within metropolitan districts from factories located within that area.
Section 37. No member of this subdivisional industry shall give
customers' labels of any kind free of charge.
Schedule G
cotton wash dress industry
Section 38. Terms. — All members of this subdivisional industry
shall sell merchandise on the shipping terms of f.o.b, city of manu-
facture, or one central shipping point, whichever the manufacturer
elects and which election shall apply to all transactions but shall
include free delivery to any shipping or forwarding point or one
central shipping point or store within the city in which the manu-
facturer is located or in which the one central shipping point is
located. In case of disputed claims on return merchandise transpor-
tation charges shall be paid by whichever disputant loses the decision.
Section 39, Tei^is and Discounts. — It shall be unfair trade prac-
tice to sell merchandise at a cash discount in excess of 8 jDcrcent 10
days e,o,m,, except that merchandise shipped after the 25th day of
any month may be dated as of the first day of the following month.
Anticijiation shall not be allowed at a rate in excess of 6 percent
per annum.
Section 40. Returned Goods. — No member of this subdivisional
industry shall accept returned merchandise for credit under any cir-
cumstances except in accordance with the following :
(a) Members of this subdivisional industry may accept mer-
chandise for credit which has been shipped by a customer within
five working days from the date of receipt by the customer in his
store, only for the following reasons: Errors in shipment, delay in
331
delivery, defective material or workmanship or any breach of con-
tract. Members of this subdivisional industry shall not accept mer-
chandise for credit unless accompanied by a letter or regular return
form mailed by the customer to the manufacturer and received by
the manufacturer prior to the arrival of the merchandise, stating
the contents of the package, reason for the return and the date on
which the merchandise was received. Any dispute may be subject
to arbitration in accordance with procedure agreed upon by the
Cotton Garment Code Authority and the National Retail Code
Authority.
(b) Members of this subdivisional industry shall not accept mer-
chandise for credit shipped after the stated five working days un-
less accompanied by a letter or regular return form mailed by the
customer to the manufacturer wherein he states that a duplicate
has been mailed to the Cotton Garment Code Authority, at 40 Worth
Street, New York, N.Y., and received by the manufacturer prior to
the arrival of the merchandise, stating the contents of the package,
the reason for the return and the date the merchandise was received,
and no such return shall be accepted except for breach of contract,
or defect not discoverable on reasonable inspection.
(c) Merchandise returned after the stated five days' period in
areas designated by the Code Authority shall be held intact or un-
opened by the manufacturer, subject to examination by an impartial
representative of the Cotton Garment Code Authority, who shall
direct the acceptance by the manufacturer or the return of the mer-
chandise to the customer. Any appeal from the decision of the
impartial representative shall be subject to arbitration in accordance
with procedure agreed upon by the Code Authority of the Cotton
Garment Industry and the National Retail Code Authority. This
provision shall not become effective until the Code Authority shall
have completed organization to administer the same.
Section 41. Exchanged Merchandise. — It shall be an unfair trade
practice for any member of this subdivisional industry to accept
returned merchandise for the purpose of exchange.
Section 42. Cancellations. — No member of this subdivisional in-
dustry shall sell merchandise except under contract which shall
provide :
(a) That no purchase order for merchandise shall be subject to
cancellation before the specified and agreed upon shipping date
written on said order;
(b) That no purchase order shall be subject to cancellation
after the agreed upon shipping date unless cancellation is in writ-
ing, and it permits the manufacturer three additional working days
from the date of receipt of such cancellation to complete and ship
any and all merchandise in work at that time ;
(c) That if no notice of cancellation is received by the manufac-
turer from the customer, all merchandise remaining on order shall
be cancelled by the manufacturer two (2) weeks after the expiration
date of order.
Section 43. Retail Selling. — It shall be an unfair trade practice
for those members of the Cotton Wash Dress Industry, normally
selling to the trade for resale, to sell merchandise to anyone except
to established and recognized wholesale or retail distributors. This
332
shall not prevent, however, bona fide sales by members to their own
employees of merchandise which is for the personal use of such em-
ployees, or to retail buyers for their own personal use at not less
than the regular wholesale prices, provided the buyers are employed
in the department in which the merchandise of the members of the
industry is usually sold.
Section 44. Payment of Labels. — No member of this subdivisional
industry shall give customers' private labels of any kind free of
charge.
Schedule H
cotton undergarment and sleeping garment manufacturing
industry
Section 45. Terms. — No member of this subdivisional industry
shall grant cash discounts in excess of 8/10 e.o.m. All merchandise
shipped from the first of the month to the 24th of the month inclu-
sive shall be due and payable on the tenth (10th) of the following
month. Bills for merchandise shipped on or after the twenty-fifth
(25th) of the month will carry dating as of the first (1st) of the
following month. There shall be no additional dating nor shall it
be permitted to build up terms in excess of 8/10 e.o.m.
Manufacturers of flannelettes, manufacturing goods for Fall de-
livery, may have the privilege of granting terms for flannelette wear
as of August 1st, 8% — 10 days e.o.m., making said invoice payable
September 10th.
No member of this subdivisional industry shall ship goods on terms
other than f.o.b. point of origin or central shipping point. Mem-
bers of this subdivisional industry may, however, make free deliveries
within the confines of the city limits of the point of origin or central
shipping point.
Section 46. No bonus or other consideration other than quantity
discount at time of invoice may be granted in consideration of a
specific volume of business. No allowance of free goods or consid-
eration of any other nature whatsoever other than the quantity dis-
count referred to above may be granted in exchange for volume of
business.
Section 47. No member of this subdivisional industry shall ac-
cept the return of any stock in exchange for new stock.
Section 48. No member of this subdivisional industry shall give
customers' labels of any kind free of charge.
Schedule I
WORK SHIRT MANUFACTURING INDUSTRY
Section 49. — All merchandise shall be sold and billed f.o.b. ship-
ping point. The term " shipping point " is defined to mean the place
where manufacturing plant or stock room is maintained for the
actual distribution of merchandise. In any city where a manu-
facturer has a shipping point, it shall be optional with the manu-
facturer whether or not there shall be charges for delivery within
that metropolitan district.
333
Section 50. Termfi. — No member of this siibdivisional industry
shall grant cash discounts in excess of 1/10 net 60 days to the
recognized jobbing trade, mail order houses, and chain stores oper-
ating ten or more stores, nor in excess of 2/10 net 30 days to retail-
ers, other than those mentioned above. Anticipation for prepayment
shall not exceed six (6%) per cent per annum.
Section 51. No member of this subdivisional industry shall give
or accept listings.
Section 52. No member of this subdivisional industry shall give
or accept options.
Schedule J
nurses', maids', and women's apron and uniform manufacturing
industry
Section 53. Terms. — No member of this subdivisional industry
shall grant cash discounts in excess of 8/10 e.o.m.
Shipments made on or after the twenty-fifth (25th) day of anj^
month may be dated as of the first day of the following month.
Section 54. No member of this subdivisional industry shall falsely
designate as job lots merchandise which does not consist of dis-
continued styles or seconds.
Section 55. No member of this subdivisional industry shall pay
to any purchaser of merchandise or purchaser's agent any commis-
sion unless it be a regular salesman or sales organization employed
by the manufacturer.
Section 56. No member of this subdivisional industry shall give
customers' labels of any kind free of charge.
Section 57. Rebates. — No rebate, bonus, or excess discount shall be
allowed.
Schedule K
WORK clothes manufacturing industry
Section 58. Terms. — No member of this subdivisional industry
shall grant cash discounts in excess of net 30 days.
Section 59. All merchandise shall be shipped f.o.b. factory.
Section 60. Standard sizes on open stock for this subdivision
shall be as follows:
1. Youths' sizes shall not exceed age 16 (or size 34) on all gar-
ments except shirts. Shirt sizes shall not exceed size 141/2-
2. Men's extra sizes shall begin Avith : Waist 44 for overalls, pants,
and breeches. Size 48 for coats, combination suits, blazers, wind-
breakers, vests and other similar garments. Size 171/2 for shirts.
3. It shall be an unfair trade practice to sell garments of sizes
larger than the standard sizes hereinabove set forth at less than
cost for such larger sizes.
Approved Code No. 118— Amendment No. 5.
Registry No. 217-1-06.
Approved Code No. 186 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
END GRAIN STRIP WOOD BLOCK INDUSTRY
As Approved on August 16, 1934
ORDER
Approving Modification of Code of Fair Competition for the
End Grain Strip Wood Block Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modification
to the Code of Fair Competition for the End Grain Strip Wood
Block Industry, and due consideration having been given thereon
and the annexed report on said modification, containing findings
with respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Order No. 6543-A,
dated December 30, 1933, and otherwise, do hereby incorporate, by
reference, said annexed report and do find that said modification
and the Code as constituted after being modified comply in ail
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and do hereby order that
said moclification be and it is hereby approved, and that the previous
approval of said Code is hereby modified to include an approval of
said Code in its entirety as modified.
Hugh S, Johnson,
Administrator for Industrial Recovery.
Approval recommended:
C. E. Adams,
Division Administrator.
Washington, D.C,
August 16, 1931t.
(335)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the modification to the Code of Fair
Competition for the End Grain Strip Wood Block Industry, which
has been submitted in accordance with Executive Order No. 6678.
This modification enables the Code Authority to incur such reason-
able obligations as are necessary to support the administration of the
code and to maintain the standards of fair competition established
by this code. It also enables the Code Authority to submit an item-
ized budget, and an equitable basis upon which the funds necessary
to support such budget shall be contributed by the members of the
industry. Such contributions are made mandatory by this
modification.
The Deputy Administrator in his final report to me on said modi-
fication of said code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modification of said code and the code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action among trade groups by inducing and maintaining
united action of labor and management under adequate governmental
sanction and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present productive
capacity of industries, by avoiding undue restriction of production
(except as may be temporarily required), by increasing the consump-
tion of industrial and agricultural products through increasing pur-
chasing power, by inducing and relieving unemployment, by improv-
ing standards of labor, and by otherwise rehabilitating industry.
(b) The code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
subsection (a) of Section 3, subsection (a) of Section 7 and subsection
(b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The modification and the code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the code as modified are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(336)
337
■ (f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
modification.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 16, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE END GRAIN STRIP WOOD BLOCK INDUSTRY
Article VI, Section 10, Subsection (f) is modified to read as
follows :
1. It being found necessary in order to support the administration
of this code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution has been approved
by the Administrator, to determine and obtain equitable contribution
as above set forth by all members of the industry, and to that end,
if necessary, to institute legal proceedings therefor in its own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority^
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the industry complying with the code and contributing to
the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay an}^ obligation
substantially in excess of the amount thereof as estimated in its ap-
proved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Admin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 186 — Amendment No. 1.
Registry No. 320-1-01.
(338)
Approved Code No. 287 — Amendment No. 8
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
GRAPHIC ARTS INDUSTRIES
As Approved on August 16, 1934
ORDER
Approving Modifications of Code of Fair Competition for the
Graphic Arts Industries
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of modifications
to a Code of Fair Competition for the Graphic Arts Industries, and
hearings having been duly held thereon and the annexed report on
said modifications, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modifications and the Code as con-
stituted after being modified comply in all respects with the pertinent
provisions and will promote the policy and purposes of said Title
of said Act, and do hereby order that said modifications be and are
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
George Buckley,
Division Administrator.
Washington, D.C,
August 16. 19SL
86360—34 12 (339)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the jDroposed modifications of the Code
of Fair Competition for the Graphic Arts Industries as approved
by you on February 17, 1934. A public hearing was held on these
proposed modifications on Ai)ril 5, 1934, and full opportunity was
given to all interested parties to appear.
The proposed modifications consist of Administrative provisions,
fair trade practice provisions, wage and hour provisions, and provi-
sions relating to apprentices. The Administrative provisions and
fair trade practice provisions are in the form of an Appendix to the
Code.
The Deputy Administrator in his final report to me on said modi-
fications to said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The modifications to said Code and the Code as modified are
well designed to promote the policies and purjDOses of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose of
cooperative action among trade groups, by inducing and maintaining
united action of labor and management under adequate governmental
sanction and supervision, by eliminating unfair competitive prac-
tices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving' unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The Code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof; that the group submitting this
amendment is truly representative of the aforesaid Industry, and
that the Association of Bank Note Companies imposes no inequitable
restrictions on admission to membership therein.
(c) The modifications and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The modifications and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(340)
341
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
modifications.
I believe the modifications to be fair to labor, to the consumer,
and to the industry, and for these reasons, therefore, I approve this
amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 16, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE GRAPHIC ARTS INDUSTRIES
Amending Section 23 by adding Sub-section C, as follows.
MECHANICAL EMPLOYEES (CONTINUED)
C. Engaged in the Securities and Bank Note Engraving and
Printing Industry (C-3).
The provisions of this Sub-section 23-C shall govern all establish-
ments engaged in the Securities and Bank Note Engraving and
Printing Industry and shall be applicable to all of the mechanical
employees of such establishments engaged in any of the processes or
partial processes of that type of engraving known as bank note steel
engraving.
(a) Unskilled mechanical employees — minimum wages. Estab-
lishments covered by this Sub-section 23-C shall pay unskilled me-
chanical employees not less than 40 cents per hour, unless, on July 15,
1929, the hourly rate for the same class of work was less than 40
cents per hour, in which latter case establishments shall pay not
less than such hourly rate on July 15, 1929, but in no event less than
30 cents per hour.
(b) Skilled mechanical employees — minimum wages.
1. Each establishment, with the exception of (a) establishments
which are operating under wage agreements arrived at by collective
bargaining; and (b) establishments which are paying not less than
the hourly wage rates which they were paying on July 15, 1929, shall,
within thirty (30) days after this Sub-section 23-C becomes ett'ective,
make increases in its average hourly compensation for each class of
skilled labor on the following basis :
Each such establishment shall increase the hourly or piecework
rates for each class of skilled labor to a point where (including
increases made since July 1, 1933) they are ten per cent (10%) higher
than the rates in the. same establishment in effect on July 1, 1933
for the same classes of skilled labor, provided, however, that no
establishment need increase rates above those paid on July 15, 1929
for the same class of skilled labor in the same establishment or in
establishments producing similar work coming within the above
clauses (a) or (b) ; and provided, further, that no establishment
which, on July 1, 1933, was paying an average hourly wage at least
10% higher than the average wage for the same class of skilled labor
prevailing in other establishments in the industry need make the
increase in rates specified in this paragraph.
The " average wage for the same class of skilled labor prevailing
in other establishments in the industry " shall be the average of the
rates paid to all the employees performing any given class of skilled
labor in such other establishments ascertained by adding the hourly
(342)
343
compensation paid to all the employees performing any given class
of skilled labor in such other establishments and dividing the total
by the number of employees performing such class of skilled labor
in such other establishments.
2. Within thirty (30) days after the effective date of this Sub-
Section 23-C any rate increases under paragraph 1 must be further
augmented by such amounts as may be necessary to bring the average
hourly compensation paid for each class of skilled labor in each estab-
lishment up to ninety per cent (90%) of the average rates prevailing
on July 1, 1933 in the industry for each class of skilled labor, pro-
vided, however, that no establishment need increase rates above those
j)aid on July 15, 1929 for the same class of skilled labor in the same
establishment.
" Prevailing " rates as used above shall mean the average of the
rates paid to all employees in the industry performing any given
class of skilled labor, ascertained by adding the hourly compensation
paid to all the employees in the industry performing any given class
of skilled labor and dividing the total by the number of employees
performing such class of skilled labor in the industry.
The increases provided for in this paragraph 2 shall not apply to
employees receiving an hourly wage of $1.65 or more. However,
in arriving at the " prevailing " rates, the wages of employees re-
ceiving an hourly wage of more than $1.65 shall be taken into con-
sideration but shall be taken at $1.65 per hour.
3. In no instance shall the foregoing be applied in a manner to
reduce the present hourly rate paid to any employee.
4. It is hereby specifically declared that the foregoing provisions
are intended to establish only minimum and not maximum wage
requirements.
(c) General Wage Provisions. — In connection with the foregoing,
the following rules shall apply :
1. No establishment shall pay to any skilled employee a rate lower
than the minimum established for an unskilled mechanical employee.
2. An employee performing more than one type of task shall be
compensated on the basis of the rates applying to each such type
of task for the time employed thereon.
(d) Hours of Labor. — 1. Standard Working Hovirs. — Standard
working hours shall be 40 hours a week for all engaged in mechan-
ical work, including proprietors, supervisors, foremen and/or others
for the time actually engaged in mechanical work. The work week
in the case of each individual so employed shall be divided into not
more than six shifts, no one of which shall be more than 8 hours
unless overtime be paid. When necessary, overtime may be per-
mitted; provided (1) that mechanical employees shall receive not
less than the overtime rate (one and one-half times his hourly wage
or piecework rate) for all work in excess of 8 hours within any 24
hour period, and/or in excess of 40 hours in any one week, and that
double time shall be paid for Sundays and holidays, and provided
further, (2) that no more than 520 hours shall be worked by any
mechanical employee in any 13 week period.
None of the foregoing provisions shall be construed to limit the
number of days per week or shifts per day an establishment may
operate.
344
2. Maximwni hour exceptions. — (a) The maximum hours fixed
by this Sub-Section 23-C shall not apply to employees on emer-
gency maintenance or repair work, nor to employees in cases where
the restriction of hours of highly skilled artistic or mechanical
workers on continuous processes would unavoidably reduce produc-
tion; but in such cases time and one-half shall be paid for all hours
worked in excess of 8 hours in any one day or 40 hours in any one
week.
(b) A tolerance of ten per cent (10%) without overtime pay, over
the maximum hours herein prescribed, shall be allowed in the cases
of wash-up crews, shipping crews, material handlers, elevator opera-
tors, and other mechanical employees whose duties have no direct
connection with Graphic Arts processes, and a tolerance of twenty
per cent (20%) without overtime pay, shall be allowed in the cases
of outside delivery men, porters, engineers, firemen, janitors, watch-
men or guards.
(c) The maximum of six shifts per week shall not apply to engi-
neers, firemen, janitors, watchmen, or guards.
3. Apprentices. — Because of the widespread unemployment of
skilled employees in this industry, no establishment shall indenture
any new apprentices within a period of one year after the effective
date of this Sub-Section 23-C.
NO. 0-3 AND NO, 0-4 OF SCHEDULE A ARE STRICKEN AND REPLACED BY
THE FOLLOWING
SCHEDtJLE3 A
No. C-S. Securities and Bank Note Engraving and Printing. — This Industry
shall include all establishments engaged in the production of securities accept-
able for listing on all stock exchanges of the country and/or steel engraved bank
notes.
The National Code Authority for this Industry shall be selected as follows:
Two members shall be designated by the Association of Bank Note Companies :
Two members shall be designated by the establishment or establishments whose
production of steel engraved bank notes during the years 1929 to 1933, inclu-
sive, amounted to more than fifteen per cent (15%) of the total volume of
business of such establishment or establishments. The designation shall be
made in each instance in accordance with a plan of election to be submitted to
and approved by the Administrator. The term of office of each member of
the Code Authority shall be one year and until his successor is elected. In
the event of a deadlock among the members of the Code Authority, a fifth and
impartial member shall be chosen by the four members provided for above or,
failing such notice, by the Administrator.
(345)
Appendix of Industry No. C-'6
SECURITIES AND BANK NOTE ENGRAVING AND PRINTING
The provisions of this Appendix are applicable only to Industry No. C-3.
ADMINISTRATIVE PROVISIONS
(a) The administration of this Code for the Securities and Bank Note
Engraving and Printing Industry shall be under the jurisdiction of the Code
Authority for the Securities and Bank Note Engraving and Printuig Industry,
which shall consist of four members selected as follows : Two members shall be
designated by the Association of Bank Note Companies : Two members shall be
designated by the establishment or establishments whose production of steel
engraved bank notes during the years 1929 to 1933, inclusive, amounted to more
than fifteen per cent (15%) of the total volume of business of such establish-
ment or establishments. The designation shall be made in each instance in
accordance with a plan of election to be submitted to and approved by the
Administrator, The term of oflSce of each member of the Code Authority shall
be one year and until his successor is elected. In the event of a deadlock
among the members of the Code Authority, a fifth and impartial member shall
be chosen by the four members provided for above or, failing such choice, by
the Administrator.
(b) All proceedings of the National Code Authority shall be in conformity
with the provisions of its By-Laws and with the provisions of this Code.
MAINTENANCE OF FAIR COMPETITION
(c) No establishment shall use or permit the use of (a) die stamping or
embossing, (b) photo-process work, or (c) machine engraving for script or
other lettering in the preparation of any steel engraved security.
(d) No establishment shall copy or permit the copying, in whole or in part,
of any design or engxaving originated by another establishment.
(e) No establishment shall sell or otherwise dispose of any steel engraving,
roll or die which has been or may be used, in whole or in part, in the prepara-
tion of any bank note or security, except that the assets of any establishment
may be sold, in whole or in part, to another establishment or establishments
operating under Section C-3 of this Code through merger or in furtherance
of liquidation.
(f) No establishment shall sell, deliver or in any other manner transfer any
blank steel engraved borders, usable for securities, to any one under any condi-
tions, except that this Section shall not be interpreted so as to interfere with
contracts or commitments made prior to December 1, 1933, or to expose any
establishments to suits for damages by its customers. Establishments having
such commitments shall file with the Code Authority, within thirty (30) days
from the date of approval of this Code, a list of these commitments in exist-
ence as of December 1, 1933.
(g) All steel engraved vignettes shall be hand line engraved without the use
of any photo-process work.
(h) No provisions of this Code relating to prices or terms of selling, ship-
ping or marketing, shall apply to export trade or sales or shipments for export
trade. " Export Trade " shall be as defined in the Export Trade Act adopted
April 10, 1918.
Approved Code No. 287 — Amendment No. 8.
Registry No. 599^33.
(346)
Approved Code No. 347V — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
CONVEYOR AND MATERIAL PREPARATION
EQUIPMENT MANUFACTURING INDUSTRY
As Approved on August 18, 1934
ORDER
Amending the Order of Approval of the Supplementary Code of
Fahi Competition for Conveyor and Material Preparation
Equipment Manufacturing Industry
A di\t:sion of the machinery and allied products industry
Whereas, by Administrative Order dated June 19, 1934, the Sup-
plemental Code of Fair Competition for the Conveyor and Material
Preparation Equipment Manufacturing Subdivision of Machinery
and Allied Products Industry was approved on certain conditions
as stated in the Order; and
Whereas, condition No. 2 specified that the provisions of Section
2 of Article IX were thereby stayed for a period of sixty (60)
days, or until such additional period as I, by my further order,
may direct; in order that the Code Authority may submit a suitable
plan, for determining trade-in allowances; and
"W^iereas, insufficient time has elapsed for the adoption and sub-
mission to the Administrator of a suitable plan for determining
trade-in allowances by the various groups in this Subdivision:
NOW, THEREFOEE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including JExecutive Order No. 6543-A, dated December
30, 1933 and Executive Order No. 6590-A, dated February 8, 1934,
and otherwise; do hereby order that condition No. 2 in the order
dated June 19, 1934, approving the Supplemental Code of Fair
Competition for the Conveyor and Material Preparation Equipment
Manufacturing Subdivision of Machinery and Allied Products In-
dustry, remain and the stay be and it is hereby continued until
(347)
348
such time as the condition as applying to the various groups of the
Subdivision has been complied with by such groups, or for such
additional period as I, by my further order, may direct.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton W. Murray,
Division AdTninistrOitor.
Washington, D.C,
August 18^ 193Jf.
REPOKT TO THE PRESIDENT
The President,
The White House.
Sir: Condition No, 2 in the Order approving the Code of Fair
Competition for the Conveyor and Material Preparation Equipment
Manufacturing Subdivision of Machinery and Allied Products Indus-
try, approved by me on June 19, 1934, provides that the provisions
of Article IX, Section (2), be and they are thereby stayed pending
the adoption and submission to the Administrator of a plan to cover
trade-in values of used equipment. This condition in the Order of
Approval reads as follows :
" Provided, however, that the application of the provisions
of Article IX, Section (2) be, and it hereby is, stayed for a
period of sixty (60) days, or such additional period as I, by my
further order, may direct, in order that the Code Authority may
submit a suitable plan for determining trade-in allowances."
Satisfactory evidence that the stay should be continued has been
submitted to me.
The Assistant Deputy Administrator in his final report to me on
said Amendment to said Order, having found as herein set forth
and on the basis of the proceedings in the matter ; I find that :
(a) The Amendment to said Order and the Order as amended and
affecting the Supplemental Code, are well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including the removal of obstructions to the free flow of inter-
state and foreign commerce which tend to diminish the amount
thereof, and will provide for the general welfare by promoting the
organization of industry for the purpose of cooperative action among
trade groups, by inducing and maintaining united action of labor and
management under adequate governmental sanction and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by reduc-
ing and relieving unemployment^ by improving standards of labor,
and by otherwise rehabilitating industry.
(b) The Order as amended and affecting the Code complies in all
respects with the pertinent provisions of said Title of said Act,
including without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, and Subsection (b) of Section 10 thereof.
(c) The Amendment to the Order and the Order as amenedd and
affecting the Code are not designed to and will not permit monopolies
or monopolistic practices.
(349)
350 '
(d) The Amendment to the Order and the Order as amended and
affecting the Code are not designed to and will not eliminate or
oppress small enterprises and will not operate to discriminate against
them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to the approval of said
Amendment to the Order of Approval.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
AdTninistrator.
August 18, 1934.
Approved Code No. 347V — Amendment No. 1.
Registry No. 1342-01.
Approved Code No, 347S — Amendment No, 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
HOISTING ENGINE MANUFACTURING
INDUSTRY
As Approved on August 20, 1934
ORDER
Approving Amendment to Supplementary Code of Fair Competi-
tion FOR THE Hoisting Engine Manufacturing Industry, a
DmsiON of the Machinery and Allied Products Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Supplemental Code of the Hoisting Engine Manufac-
turing Subdivision of Machinery and Allied Products Industry,
and the annexed report on said amendment, containing findings
with respect thereto, having been made and directed to the Presi-
dent:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order 6543-A, elated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed
report and do find that said amendment and the Supplemental
Code as constituted after being amended comply in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act, and do hereby order that said
amendment be and it is hereby approved, and that the previous
approval of said Supplemental Code is hereby modified to include
an approval of said Supplemental Code in its entirety as amended,
such approval and such amendment to take effect fifteen (15) days
from the date hereof, unless good cause to the contrary is shown
to the Administrator before that time and the Administrator issues
a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C,
August 18, 193Jf.
(351)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for an amendment of Article V of the Supplemental Code of
Fair Competition for the Hoisting Engine Manufacturing Subdivi-
sion of Machinery and Allied Products Industry, by the Code Author-
ity and approved by seventy-five percent of the cooperating employ-
ers of that Subdivision.
In order that the Code Authority for the Hoisting Engine Manu-
facturing Subdivision of Machinery and Allied Products Industry
may establish legal obligation making payment of approved Code
Authority assessments for Code Administration mandatory, and that
if such assessments are not paid within reasonable time it may insti-
tute legal proceedings therefor, this Subdivision has submitted and
respectfully requested approval of an amendment whereby these
purposes may be accomplished.
The Assistant Deputy Administrator in his final report to me on
said amendment to said Supplemental Code having found as herein
set forth and on the basis of all the proceedings in this matter :
I find that :
(a) The amendment to said Supplemental Code and the Supple-
mental Code as amended are well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act,
including the removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof,
and will provide for the general welfare by promoting the organi-
zation of industry for the purpose of cooperative action among
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanction and super-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity
of industries, by avoiding undue restriction of production (except
as may be temporarily required), by increasing the consumption
of industrial and agricultural products through increasing purchas-
ing power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) The Supplemental Code as amended complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7 and Subsection (b) of Section 10 thereof.
(c) The Hoisting Engine Manufacturers Association was and is
a trade association truly representative of the aforesaid Subdivision
and that said association imposed and imposes no inequitable restric-
tions on admission to membership therein and has applied for or
consents to this amendment.
(352)
353
(d) The amendment and the Supplemental Code as amended
are not designed to and will not permit monopolies or monopolistic
practices.
(e) The amendment and the Supplemental Code as amended are
not designed to and will not eliminate or oppress small enterprises
and will not operate to discriminate against them,
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said amendment.
For these reasons, therefore, I have approved this amendment
to become effective fifteen (15) days from the date of the Order un-
less good cause to the contrary is shown to me before that time and I
issue a subsequent order to that effect.
Respectfully,
Hugh S. Johnson,
Admj^nistrator.
August 18, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM-
PETITION FOR THE HOISTING ENGINE MANUFAC-
TURING INDUSTRY, A DIVISION OF THE MACHINERY
AND ALLIED PRODUCTS INDUSTRY
The following is an Amendment to supersede section (d) of Arti-
cle V — Administration, of the Supplemental Code of Fair Competi-
tion for the Hoisting Engine Manufacturing Industry :
(d) 1. It being found necessary, in order to support the adminis-
tration of this Supplemental Code and to maintain the standards of
fair competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized :
(aa) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Supplemental Code.
(bb) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necesary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by employers of the
Subdivision.
(cc) After the budget and basis of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution, as above set forth, by all employers of the Subdivision,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
2. Each employer of the Subdivision shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only employers of the Subdivision complying with the Code and
contributing to the expenses of its administration as hereinabove
provided, unless duly exempted from making such contributions,
shall be entitled to participate in the selection of members of the
Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates, except those which the Administrator
shall have so approved.
Approved Code No. 347S — Amendment No. 1.
Registry No. 1312-04.
(354)
Approved Code No. 5 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COAT AND SUIT INDUSTRY
As Approved on August 20, 1934
ORDER
Approving Amended Code of Fair Competition for the Coat and
Suit Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amended
Code of Fair Competition for the Coat and Suit Industry, and hear-
ing having been duly held thereon and the annexed report on said
amended Code, containing findings with respect thereto, having been
made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate by reference said annexed
report and do find that said amended Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said xA.ct; and do hereby order that said
amended Code of Fair Competition be and it is hereby approved,
and that the previous approval of the said Code is hereby cancelled ;
PROVIDED, however, that the operation of the provisions of
Article VI, Section 2, Sub-section H 2 be and it is hereby stayed,
subject to my further order.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
William P. Farnsworth,
Acting Division Administrator.
Washington, D.C,
August 20, 193J^.
86360—34 13 (355)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: The Deputy Administrator in his final report to me on the
Amended Code of Fair Competition for the Coat and Suit Industry-
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and re-
lieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof,
(c) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code as amended.
(f) The Code of Fair Competition for the Coat and Suit Indus-
try was submitted July 13, 1933, and approved by you on August 4,
1933. It was the fifth Code to be approved. After seven months
of operation under the original Code, both the Industry and the
Deputy Administrator were convinced that various amendments were
necessary both to bring the Code up to date and to provide for
representation of the contractors located in the State of New Jersey
on the Code Authority. The Amended Code provides that the
Administrator or a Deputy Administrator of the State Recovery
Administration of New Jersey shall be a member of the Coat and
Suit Code Authority.
(g) The Infants' and Children's Wear Group manufacture certain
types of infants' and children's coats under the wage and hour
(356)
357
provisions of the Code of Fair Competition for the Coat and Suit
Industry. Their claim for representation on the Coat and Suit Code
Authority was, therefore, felt to be just. However, the Coat and
Suit Code Authority has requested that Article VI, Section 7, which
provides for this member, be stayed until such time as the Infants'
and Children's Wear Code Authority shall make a similar proposal
providing for representation of the Coat and Suit Industry on the
Infants' and Children's Wear Code Authority.
(h) Certain members of the Industry located in the Eastern Area
and the Western Area have complained both to the Code Authority
and to the Administration that the differentials provided for those
two groups with respect to New York City were insufficient, due
mainly to the fact that they were located in markets having an
insufficient supply of skilled workers or that because of the charac-
teristics of the workers they were unable to attain a degree of skill
comparable to workers available in large quantities in the City of
New York. Hearings were held on the Amended Code April 30,
May 2 and May 4, 1934. In the beginning, it was apparent that the
views of the different gi'oups were widely divergent, and that sub-
stantial agreements as a direct result of the hearings would be
difficult. However, at a series of post-hearing conferences, the three
groups involved managed to come to a perfect agreement on all points
at issue, which resulted in the final draft of the Amended Code.
The most important result of these conferences was the agreement
reached, designated as Article IV, Section 4 of the iVmended Code,
which provides for the appointment of a Commission of three per-
sons, one of whom shall represent labor, to investigate all markets
engaged in the manufacture and wholesale distribution of wearing
apparel included in the Coat and Suit Code. The Commission is to
study the following situations and conditions in the various localities
and all markets :
A. Labor conditions: Available labor supply, male and
female; relative skill of labor in the market; method of opera-
tion; existing labor agreements; cost of production.
B. Availability of markets : Raw materials; finished products.
C. Competitive irregularities.
This Commission is to make its report to the Administrator, who
shall, after holding such hearings as he may see fit, consider and
determine such changes in rates and differentials between markets
as may be indicated by the report of the Commission.
The Code as originally approved contained no fair trade practice
provisions. Certain fair trade practice provisions were submitted
by the Code Authority at the hearings. After other post-hearing
conferences in which the members of the Industry and the retailers,
as represented by the National Retail Dry Goods Association, par-
ticipated, final draft was submitted to the Administrator with the
approval of both parties. These fair trade practice provisions are
incorporated in the Amended Code under Article VIII.
For these reasons, the Amended Code has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator.
August 20, 1934.
AMENDED CODE OF FAIK COMPETITION FOK THE COAT
AND SUIT INDUSTRY
Article I — Purposes
To effectuate the policy of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of
Fair Competition for the Coat and Suit Industry, and shall be the
standard of fair competition for such industry, and be binding upon
every member thereof.
Article II — Definitions
1. The term " Industry " as used herein includes the manufacture
and/or sale or distribution by manufacturer, submanufacturer, con-
tractor, wholesaler and/or jobber of women's, misses', children's and
infants' coats, jackets, capes, wraps, riding habits, knickers, suits,
ensembles and skirts in whole or in part made of wool, silk (only
when made into tailored garments), velvet, plush, or other woven or
purchased knitted materials; and such related branches or subdi-
visions as may from time to time be included under the provisions of
this Code. Where a person is engaged in the manufacture and/or
sale or distribution of such commodities as well as the manufacture
and/or sale or distribution of other commodities not described above,
such persons will be deemed a part of the Industry to the extent of
that portion of their business that lies in the field herein defined.
2. The term " Member of the Industry " includes but without
limitation, any individual, partnership, association, corporation,
group or other form of enterprise engaged in the Industry, either
as an employer or on his or its own behalf.
3. The term " Manufacturing employee " as used herein includes
any or all persons engaged in the cutting, machine operating, hand
sewing, pressing, basting, examining, sample making, finishing, drap-
ing, pinning, busheling, grading, or any other hand or machine
operation upon garments in any factory in the Industry.
4. The term " Non-manufacturing Employee " as used herein in-
cludes any and all persons except manufacturing employees, engaged
in the Industry, however compensated, except a member of the
Industry.
5. The term " Employer " as used herein includes anyone by whom
such emploj^ees both manufacturing and non-manufacturing are com-
pensated or employed.
6. The term "Act" and "Administrator " as used herein mean,
respectively. Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery.
7. Two areas are hereby established: The Eastern Area shall in-
clude the states of ]\Iaine, New Hampshire, Vermont, Massachusetts,
Rhode Island, Connecticut, New York, Pennsylvania, New Jersey,
Delaware, Virginia and West Virginia; the Western Area shall in-
(358)
359
elude all parts of the United States of America not included in the
Eastern Area.
Article III — Hours
1. No manufacturing employee shall be permitted to work in
excess of thirty-five (35) hours in any one week. No overtime for
such employees is permitted, except that the Code Authority with
the approval of the Administrator may grant an extension of hours
in the bus}^ season, but in no event shall this exceed six (6) weeks
in any one season of six (6) months.
2. No manufacturing employee shall be permitted to work more
than five (5) days in any one week, the working hours to be from
8 : 30 a.m. to 4 : 30 p.m., with one hour interval for lunch. Upon
the recommendation of the Code Authority the Administrator may
prescribe any other seven (7) hour working period for any market.
There shall be no more than one (1) shift of workers in any day.
No employer shall knowingly permit any employee to work for any
time which when added to the time spent at work for another em-
ployer or employers in the Industry exceeds the maximum prescribed
herein.
3. The provisions of Paragraphs 1 and 2 of this Article shall
apply to any employer who may do the work of a manufacturing
emplo3^ee as defined herein.
4. Except as hereinafter provided, no non-manufacturing employee
shall be permitted to work in excess of forty (40) hours in any one
(1) week, nor more than eight (8) hours in any one (1) day. Such
hours shall not commence earlier than 8 : 00 a.m., nor end later than
6 : 00 p.m. Certain non-manufacturing employees, such as night
watchmen, porters, shipping clerks and clerical help, may be per-
mitted to work overtime under such rules and regulations as the
Code Authority shall prescribe, with the approval of the Admin-
istrator, provided that watchmen shall not work more than 58 hours
per week, with one day off in each 14 day period, shipping clerks and
porters, shall not work more than 45 hours per week, nor more than
9 hours in any one day, nor more than 6 days in any 7 day period
and that clerical help shall not work more than 40 hours per v>^eek
averaged over a 5 week period.
5. The provisions of this Article shall not apply to salesmen.
Article IV — Wages
1. No non-manufacturing employee shall be paid in any pay period
less than at the rate of fourteen dollars ($14.00) per week.
2. For the Eastern Area no manufacturing employee, enumerated
below, shall be paid less than the following minimum wage scale
for each full week's work:
Coat and Suit Cutter $47. 00 per week
Samplemakers 40. 00 "
Examiners 36. OO " "
Drapers 29.00 "
Begraders on skirts 32.00 " "
Buphelmen who also do Pinning, marking and general work
on garments 36. 00 " "
360
The employees in the crafts enumerated below shall work on a
piece-rate basis. They shall receive guaranteed minimum wages,
not less than the following :
Jacket, Coat, Reefer and Dress Operators, Male $1.00 per hour
Jacket, Coat, Reefer atid Dress Operators, Female . 90 " "
Skirt Operators, Male . 90 "
Skirt Operators, Female . 80 " "
Piece Tailors . 90 " "
Reefer, Jacket and Coat Finishers . 85 " "
Jacket, Coat and Reefer Finishers' Helpers . 63 " "
Jacket, Coat, Reefer and Dress Upper Pressers 1. 00 " "
Jacket, Coat, Reefer and Dress Under Pressers . 90 " "
Skirt Upper Pressers .90 "
Skirt Under Pressers .85 "
Skirt Rasters .60 " "
Skirt Finishers . 60 " "
Machine Pressers 1. 30 " "
All manufacturers in the Eastern Area operating outside the limits
of New York City shall operate on a scale ten (10) per cent less
than provided herein for the Eastern Area.
In fixing piece-work rates on garments, the same shall be com-
puted on a basis to yield to the worker of average skill of the various
crafts for each hour of continuous work, the following amounts :
Jacket, Coat, Reefer and Dress Operators $1. 50 per hour
Skirt Operators 1.40 " "
Piece Tailors 1.30 " "
Reefer, Jacket and Coat Finishers 1. 25 " "
Jacket, Coat and Reefer Finishers' Helpers 1. 00 " "
Jacket, Coat, Reefer and Dress Upper Pressers 1. 35 " "
Jacket, Coat, Reefer and Dress Under Pressers 1. 25 " "
Skirt Upper Pressers 1.25 " "
Skirt Under Pressers 1.25 " "
Skirt Rasters .80 "
Skirt Finishers -_ . 70 " "
Machine Pressers 1.80 " "
For the Western Area no manufacturing employee, enumerated
below, shall be paid less than the following minimum wage scale for
each full week's work :
Coat and Suit Cutters $41. 00 per week
Semi-skilled Cutters ^ 39.00 "
Cloth and Lining Filers 33. 00 "
Filers 28. OO " "
Canvas Cutters 26.00 "
Apprentice Cutters for six months 22.00 " "
Samplemakers 40. 00 "
Examiners 32.50 " "
The employees in the crafts enumerated below shall work on a
piece-rate basis. They shall receive guaranteed minimum wages,
not less than the following :
Male
Jacket, Coat, Reefer and Dress Operators $0. 85 per hour
Skirt Operators . 75 " "
Jacket, Coat, Reefer and Dress Upper Pressers . 85 " "
Jacket, Coat, Reefer and Dress Under Pressers . 77 " "
Jacket, Coat, Reefer and Dress Part Pressers . 65 " "
Jacket, Coat and Reefer Finishers . 75 " "
Apprentices in the above classifications for a period not ex-
ceeding six months . 60 " "
361
Female
Jacket, Coat, Reefer and Dress Operators $0. 75 per hour
Jacket, Coat, Reefer and Dress Operators (semi-skilled) .62
Skirt Operators . 70
Lining Ironers • 60
Jacket, Coat, Reefer and Dress Finishers . 63
Jacket, Coat, Reefer Finishers' Helpers .53
Jacket, Coat, Reefer, Skirt Buttonsewers . 53
Apprentices in the above elassiflcations for a period not ex-
ceeding six months • 47
In fixing piece-work rates on garments, the same shall be computed
on basis to yield to each worker of average skill of the various crafts
for each hour of continuous work the following amounts :
Male
Jacket, Coat, Reefer and Dress Operators $1.26 per hour
Skirt Operators 1. 15 "
Jacket, Coat, Reefer and Dress Upper Pressers 1. 26 " "
Jacket, Coat, Reefer and Dress Under Pressers 1. 15 " "
Jacket, Coat, Reefer and Dress Part Pressers .92 " "
Jacket, Coat and Reefer Finishers 1. 10 " "
Female
Jacket, Coat, Reefer and Dress Operators $0.95 per hour
Jacket, Coat, Reefer and Dress Operators (semi-skilled) .88
Skirt Operators . 90
Lining Ironers • 82
Jacket, Coat, Reefer and Dress Finishers . 84
Jacket, Coat, Reefer Finishers' helpers . 70
Jacket, Coat, Reefer Skirt Buttonsewers . 70
The Western Area shall operate on the basis of the present exist-
ing classifications pending the decision of the Administrator pursu-
ant to Section 4 of this Article.
3. Both Areas. — Compensation for employment in excess of the
minimum wage set forth herein shall not be reduced, notwithstand-
ing that the hours worked in such employment may be hereby
reduced.
4. The Administrator shall forthwith appoint a commission of
three (3) persons, one (1) of whom shall represent labor, to investi-
gate all markets engaged in the manufacture and wholesale distri-
bution of wearing apparel included in the Coat and Suit Code.
The Commission shall study the following situations and conditions
in the various localities and all markets :
A. Labor conditions: Available labor supply, male and fe-
male; relative skill of labor in the market; method of opera-
tion ; existing labor agreements ; cost of production.
B. Availability of markets : Raw Materials ; finished products.
C. Competitive irregularities.
The Commission shall study all petitions and demands filed since
the adoption of the Coat and Suit Code by particular localities and
markets relative to wages and labor classifications. The Commission
shall report its findings to the Administrator. Thereafter the Ad-
ministrator shall hold such hearings as he may see fit, to consider
and determine such changes in rates and differentials between mar-
kets as may be indicated by the report of the Commission. The
decision reached by the Administrator as a result of said hearings
shall be effective as of the date approved by the Administrator, and
shall become a part of this Code and shall supersede all provisions
of this Code inconsistent therewith.
362
Akticle V — General Labor Provisions
1. No person under the age of eighteen (18) years shall be em-
ployed in the Industry as a manufacturing employee, and no person
under sixteen (16) years of age shall be employed as a nonmanufac-
turing employee.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor or their agents, in the designation of such representatives or in
self -organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No emploj^ee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from joining, organizing, or assisting a labor organization of his own
choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each state this Code shall not supersede any laws of
such state imposing more stringent requirements regulating the age
of employees, wages, hours of work, or health, fire, or general working
conditions than under this Code.
6. Employers shall not reclassify employees so as to defeat the
purposes of the Act.
7. All employers shall post and keep posted copies of this Code
in conspicuous places accessible to all employees. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of the Code of Fair Competition which
may from time to time be prescribed by the Administrator.
8. Except in accordance with the Executive Order of the Presi-
dent, dated May 15, 1934, no home work shall be allowed and no work
shall be done or permitted in homes or tenement houses, basements, or
in unsanitary buildings, or in buildings unsafe on account of fire
or dangerous to health.
9. Every employer shall provide for the safety and health of
employees during the hours and at the places of their employment.
10. Standards for safety and health shall be submitted by the
Code Authority to the Administrator within six (6) months after
the effective date of the Code.
11. Wherever in this Industry agreements between employers and
employees arrived at by collective bargaining shall exist, all the
provisions of such agreements with reference to labor standards
not prohibited by law and not inconsistent with National Industrial
Recovery Act shall subject to the approval of the President be
administered as though a part of this Code, provided, however, that
in no event shall the observance of any such provision have the
effect of reducing any of the obligations hereunder of any member
of the Industry. Any and all extensions, modifications of said agree-
ments and/or future agreements between employers and employees
arrived at by collective bargaining, after March 20, 1934, after
approval by the President in accordance with the provisions of
Section 7 (b) of National Industrial Recovery Act shall be admin-
istered as though a part of this Code.
363
Article VI — Administration
The administration and enforcement of this Code shall be vested
in a Coat and Suit Code Authority.
1. STRUCTURE OF THE CODE AUTHORITY
A. The Code Authority shall consist of fourteen (14) members.
The Administrator, in his discretion, may appoint not more tlian
three (3) additional members without vote to represent the Admin-
istrator, as he may desire.
B. The fourteen Industry members of the Code Authority shall
be selected by a fair method of selection, approved by the Admin-
instrator, from each of the following Associations and areas, accord-
ing to the following table, and each member shall hold office for
one year from the date of his selection :
1. American Cloak and Suit Manufacturers Association, Inc 2 members
2. Industrial Council of Cloak, Suit and Skirt Manufacturers, Inc.*- 2 members
3. Merchants Ladies Garment Association, Inc.* 2 members
4. International Ladies' Garment Workers' Union 3 members
5. Western Area Coat and Suit Council, Inc 2 members
6. The Administrator or a Deputy Administrator of the State Re-
covery Administration of New Jersey 1 member
7. Infants' and Children's Coat Association 1 member
8. Eastern Area outside of Metropolitan District of New York '^ 1 member
C. The by-laws of the Code Authority shall provide among other
things that the Code Authority shall elect a national director. The
Code Authority shall also appoint a district or deputy director who
shall be a person other than the National Director to administer the
Code for the Metropolitan District of New York, and shall also
appoint such other district or deputy directors for such other dis-
tricts as the Code Authority shall determine.
D. The Code Authority now functioning under the approved Code
shall continue to function, pending the constitution of the new Code
Authority as provided in this amendment.
E. The Code Authority may by resolution request any person rep-
resentative of any group, association or locality in the Industry to
participate with it, but without vote, at any meeting or series of
meetings in any of its deliberations in which such group, association
or locality may be interested.
F. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall :
(1) Impose no inequitable restrictions on membership and (2)
Submit to the Administrator true copies of its Articles of Associa-
tion, By-Laws, Regulations, and any amendments when made thereto,
together with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
1 In the event of a merger or in the event that the membership of one shaU be absorbed
into another, the reconstituted Association shall have a representation of four (4)
members.
2 If an accredited organization as determined by the Administrator shall be formed by
July 15, 19.34, such Association or organization shall be represented by one (1) member
for the Eastern Area outside of the Metropolitan District of New York. If no such
Association shall be formed by that date, the markets of Boston and Philadelphia shall
select and appoint the member to the Code Authority.
364
G. Should a vacancy occur on the Code Authority, it shall, be filled
in accordance herewith by the organization, group, or geographic
subdivision formerly represented by the place on the Code Authority
in which the vacancy occurs.
2. POWERS AND DUTIES OF THE CODE AUTHORITY
The Code Authority shall have the following duties and powers
to the extent permitted by the Act. The Administrator on review
shall have the right to veto or modify any action taken b}^ the Code
Authority :
A. To adopt By-Laws. It shall furnish to the Administrator true
and correct copies of the By-Laws and all amendments thereto imme-
diately upon their adoption, together with true and correct copies of
all rules and regulations which may be adopted by the Code Author-
ity, and true and correct minutes of all of its meetings, all certified
by the Secretary of the Code Authority.
B. To elect officers and to appoint agents and employees and to
assign to them such duties as it may consider advisable, and to pro-
vide rules for the selection of members of the Code Authority by the
Industry, subject to the approval of the Administrator.
C. Subject to such general regulations as may be issued from
time to time by the Administrator, to administer the provisions of
this Code.
D. The confidential agency of the Code Authority, which shall be
composed of the Chief Enforcement Officer of the Code Authority
and such deputies and investigators working under his supervision
as may be employed by the Code Authority, shall have the right to
examine records of employers as far as necessary to ascertain whether
they are observing the provisions of this Code and all employers shall
submit their books and records for such examination. To require
from time to time from members of the Industry such reports as
it may deem necessary as to wages, hours of labor, costs of produc-
tion, conditions of employment, number of employees and other
matters pertinent to the purposes of this Code, and to require mem-
bers of the Industry to submit periodical reports to it in such form
and at such times as it may require. Information so secured shall
be treated as confidential information by the Code Authority and
shall be used only for the purposes of its investigations and hearings,
reports thereon to the Administrator, and in any proceedings insti-
tuted in the enforcement of this Code.
E. To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, and to pay such trade associations and agencies the cost there-
of, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
F. To coordinate the administration of this Code with such other
Codes, if any, as may be related to the Industry or any subdivision
thereof, with a view to promoting joint and harmonious action upon
matters of common interest.
365
G. To initiate, consider, and submit to the Administrator proposals
for amendments to or modifications of this Code.
H. 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code.
(b) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Industry ;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the Indus-
try, and to that end, if necessary, to institute legal proceedings
therefor in its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.^
3. The Code Authority shall neither incur nor paj^ any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator
shall have so approved.
I. To make such investigations to the extent permitted by the Act,
as to the observance of this Code as it may deem necessary and to
receive complaints of violations of this Code and conduct hearings
in pursuance to such investigations and complaints.
J. To set up bureaus to aid in the administration of the wage
provisions of this Code and for accounting, or such other purposes
as may aid in the administration of this Code.
K. To recommend dealing with any inequalities that may other-
wise arise that may endanger the stability of the Industry and/or
production and employment.
L. To recommend to the Administrator any action or measure
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each
other or with other industries ; measures for industrial planning, and
» See paragraph 3 of order approving this Amendment.
366
stabilization of employment; and including modifications of this
Code which shall become effective as part hereof upon approval by
the Administrator after such notice and hearing as he may specify.
M. To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes
as may be related to the Industry for the purpose of formulating
fair trade practices to govern the relationships between employers
under this Code and under such other codes to the end that such fair
trade practices may be proposed to the Administrator as amendments
to this Code and such other codes.
N. To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules of procedure
and rules to effect compliance with awards and determinations.
3. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any member
of the Code Authority be liable in any manner to anyone for any act
of any other member, officer, agent or employee of the Code Author-
ity. Nor shall any member of the Code Authority, exercising rea-
sonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own wilful malfeasance or non-feasance.
4. During the years 1924 and 1925, an unemployment insurance
fund was established and existed in the coat and suit industry. It was
discontinued because of the general disorganization of the Industry.
There is every hope and expectation on the part of the employers and
employees that through the National Industrial Recovery Act steps
may again be taken to put into active operation an unemployment
insurance fund. Accordingly, such fund shall be resumed as soon
as the enforcement of uniform labor standards and general stabli-
zation have reached a point at which the provisions for payment of
unemployment insurance contributions can be generally enforced
throughtout the Industry. The time when the conditions in the
Industry shall have reached a point when such fund may be reestab-
lished shall be determined by the Code Authority hereinbefore
mentioned and the Administrator. When it is reestablished, it shall
be in accordance with such provisions as shall be determined upon by
the said Code Authority and the Administrator.
5. A committee on Trade Education shall be constituted by the
Code Authority to consider the status of Student Apprenticeships.
The term " Student Apprentice " shall mean a person not heretofore
engaged in the Industry, who has matriculated in or graduated from
a duly accredited trade school. The Code Authority shall be empow-
ered to make rules to govern the status of such Student Apprentices,
subject to approval of Administrator.
6. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hearings
as he may deem proper; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an appro-
priate modification of the Code Authority.
7. If the Administrator shall at any time determine that any action
of the Code Authority or any agency thereof may be unfair or unjust
367
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for mvesti-
gation of the merits of such action and further consideration by such
Code Authority or agency pending final action, which shall not be
effective unless the Administrator approves, or unless he shall fail
to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
8. To obtain from members of the Industry such information and
reports as are required for the administration of the Code. In ad-
dition to information required to be submitted to the Code Authority,
members of the Industry subject to this Code shall furnish such
statistical information as the Administrator may deem necessary for
the purposes recited in Section 3 (a) of the Act to such Federal and
State agencies as he may designate; provided that nothing in this
Code shall relieve any member^ of the Industry of any existing obli-
gations to furnish reports to any Government agency. No individual
report shall be disclosed to any other member of the Industry or any
other party except to such other Governmental agencies as may be
directed by the Administrator.
9. There shall be established an Industrial Kelations Committee
for the Industry, which shall consist of an equal number of repre-
sentatives of emploj'^ers and employees and an impartial chairman.
The Administrator shall appoint such impartial chairman upon the
failure of the committee to select one by agreement. If no truly
representative labor organization exists, the employee members of
such board may be nominated by the Labor Advisory Board of
the National Recovery Administration and appointed by the
Administrator. The employer representatives shall be chosen by the
Code Authority. Such Committee shall deal with complaints and
disputes relating to labor in accordance with rules and regulations
issued by the Administrator. The Industrial Relations Committee
may establish such divisional, regional, and local industrial adjust-
ment agencies as it may deem desirable, each of which shall be con-
stituted in like manner as the Industrial Relations Committee.
Article VII — Conteactors
All members of the Industry who cause their garments to be made
by contractors and submanufacturers shall designate the contractors
actually required, shall confine and distribute their work equitably
to and among them, and shall adhere to the payment of rates for
such production in an amount sufficient to enable the contractor or
submanufacturer to pay the employees the wages and earnings pro-
vided for in this Code, together with an allowance for the contractor's
overhead.
Transactions with contractors and/or submanufacturers shall be
on a net basis subject to no discount. No charges shall be made to
the contractors and/or submanufacturers or against their account
except for materials furnished. Contractors and/or submanufac-
turers when charged will be charged for the net yardage of materials
furnished them.
To insure the observance of this provision, the Code Authority
named in this Code, together with the Administrator, shall formu-
late provisions to carry into effect the purpose and intent hereof.
368
Article VIII — Fair Trade Practices
1. Uniform conditions of sale in accordance with the subsequent
provisions hereof apply to all sales of articles under the provisions
of this Code. It shall be deemed an unfair trade practice for persons,
firms or corporations, engaged in the Industry, to contract to sell
or to sell articles to anyone upon conditions other than as are pro-
vided herein.
All contracts shall include full details for proper identification of
material, size, color, price and delivery specifications and other pro-
visions as may be deemed desirable.
When definite shipping date is specified on copy of order left in
showroom, such date shall be extended for the number of working-
days lost pending receipt of confirmation thereof when a confirma-
tion is required by the buyer.
When an order placed by a buyer requires confirmation same must
be stated on the face of the order.
All shipping dates are subject to strikes, lockouts, fires, and other
circumstances beyond the control of the seller, and such shipping
dates may by reason thereof be postponed, provided that notice of
such strikes, lockouts, fires, and other circumstances beyond the
control of the seller, be given the purchaser.
Garments not shipped within the time specified in the order shall
nevertheless remain on order until cancelled in writing and three
working days of grace shall be granted for the completion of ship-
ment after the receipt of such notice of cancellation.
Any controversy or claim arising out of or relating to this contract
or the breach thereof, may be settled by arbitration, in accordance
with the Rules, then obtaining, of the American Arbitration Associa-
tion, and judgment upon the award rendered may be entered in the
highest court of the forum, state or federal, having jurisdiction;
provided this provision for arbitration shall not have been deleted
by the purchaser upon, or prior to, the execution of this contract
and provided further that both parties assent to such form of
arbitration.
2. Terms of discount on seasonal merchandise shall be not more
than 8%, 10 days E.O.M. (end of month), or 7/30 6/60 net 5 days
after last due date. Anticipation shall not be allowed at a rate in
excess of 6% per annum.
3. No merchandise shall be sold on open order subject to return
or on memorandum, consignment or approval, nor shall any member
of the Industry or any representative of such member place mer-
chandise on display in a retail store for direct sale to consumer,
except as approved "by the Code Authority.
4. No member of the Industry shall submit any garments to group
showings.
Subject to the approval of the Administration, the Code Author-
ity shall define group showings.
No samples shall be left at any retail or buying ofRce for compar-
ison purposes but if a bona fide order is placed for merchandise
selected, then upon the buyers request a sample of such merchandise
may be left at such office.
369
Subject to approval of the Administration, the Code Authority
shall determine what shall constitute a bona fide order.
5. No member of the Industry shall pay for any advertising or
advertisements that a retailer may run for display in connection
with the sale of merchandise of such member of the Industry.
It shall be deemed an unfair trade practice to accept charges for
telegrams or long distance telephone calls from retailers.
6. No member of the Industry shall offer or agree to make secret
payments or allowance of refunds, rebates, commissions, credits or
unearned discounts whether in the form of money or otherwise, or
secretly extend to certain purchasers, or others acting in their
behalf, special services or privileges not extended to all persons in
the same class under like terms and conditions.
7. No return merchandise shall be accepted for credit other than
for defects of manufacture, delay in delivery, or for non-conformity
with order, but in no event shall such returns be accepted unless
made within five working days of receipt, except for defects of
manufacture not discoverable within ten days after receipt.
8. No member of the Industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such em-
ployee, the principal of such agent or the represented party, without
the knowledge of such employer, principal or party. Commercial
bribery provisions shall not be construed to prohibit free and gen-
eral distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
9. No member of the Industry shall make garments from fabrics,
trimmings and/or other materials owned or supplied by a retail
distributor or the agent, representative or corporate subsidiary or
affiliate of such retail distributor, or manufacture garments from
fabrics, trimmings and/or other materials, the purchase of which is
made upon the credit of, or the payment for which, is guaranteed by
such retail distributor, or the agent, representative, corporate sub-
sidiary or affiliate of such retail distributor, except that manufac-
turers and/or contractors may make garments on the above basis for
mail order firms designated as such by the National Retail Code
Authority, Inc., provided that the mail order firm so designated
shall designate and file with the Coat and Suit Code Authority the
number and names of the manufacturers and/or contractors actually
required by them for any work and shall confine and distribute such
work equitably to and among such named manufacturers and/or
contractors, provided further, that any mail order firm operating
under this exception shall pay an allowance to the manufacturer
and/or contractor for overhead and agree that if any such manufac-
turer and/or contractor fail to adhere to the hour and wage provi-
sions of this Code the mail order firm supplying the materials directly
or indirectly shall be responsible for any underpayment to labor
engae-ed in the manufacture of the merchandise for it.
370
No manufacturer shall deliver coats to any retailer in incomplete
form so that the retailer may complete the garment or attach fur
thereto.
10. The Code Authority shall cause to be formulated methods of
cost finding and accounting capable of use by all members of the
Industry, and shall submit such methods to the Administrator for
review. If approved by the Administrator, full information con-
cerning such methods shall be made available to all members of the
Industry. Thereafter, each member of the Industry shall utilize such
methods to the extent found practicable. Nothing herein contained
shall be construed to permit the Code Authority, any agent thereof,
or any member of the Industry to suggest uniform additions, per-
centages or diilerentials or other uniform items of cost which are
designed to bring about arbitrary uniformity of costs or prices.
11. No member of the Industry shall pay any commissions to resi-
dent buyers or retailers' representatives except to such resident buyers
who —
(a) File with the Coat and Suit Code Authority a list of accounts
represented by them in which event the}^ will be recognized as
acting only on behalf of the firms specified in said list ;
(b) Cause the retailer to assume in a written instrument the
obligation of the purchases made by the buyer ;
(c) Obtain in writing from their accounts and assume in writing
the responsibility of adjusting disputes that arise between their
accounts and manufacturers and/or wholesalers regarding returns,
terms, dating, etc.
(d) Obtain in writing from the accounts which they represent
their agreement that disputes arising between manufacturer and/or
wholesaler on one hand and retailer and/or commission resident
buyer on the other hand shall be adjusted through arbitration in the
event that amicable adjustment is unsuccessful.
(e) Become entitled to an dreceive commissions only from those
manufacturers and/or wholesalers who agree in writing to pay such
commissions.
12. No member of the Industry shall advertise (whether printed
radio, display, or any other nature) or brand, mark or pack any
goods in any manner which is misleading. Nor shall any member of
the Industry in any way misrepresent any goods (including, but
without limitation, its use, trademark, quality, quantity, origin,,
size, finish, material or serviceability) or credit terms, values, policies,,
services, or the nature or form of the business conducted.
13. No member of the Industry shall approach or entice employees
of a competitor with the intent of unduly hampering, injuring,
and/or embarrassing such competitor, in the conduct of his business,
or secure confidential information concerning the business of a com-
petitor by false or misleading statements or representation, by a.
false impersonation of one in authority, bribery, or by any other
unfair method.
14. No member of the Industry shall replace worn furs on gar-
ments with new furs at less than the cost of such furs and labor
performed.
371
! 15. Within thirty (30) days after the effective date of this Code,
the Code Authority shall appoint a committee, subject to the ap-
proval of the Administrator, which shall be known as " The Design
Kegistration Committee ", which shall have the following functions
and powers :
(a) All members of the Industry who so desire may file with
the Design Registration Committee all original designs in accord-
ance with the copyright laws.
(b) Thereafter the Design Registration Committee shall notify
all members of the Industry of registrations filed with it and
wherever possible a facsimile of the design so registered shall accom-
pany^ such notice.
(c) Any and all disputes arising out of registration and notice
hereinabove set forth shall be arbitrated with the consent of both
parties by the Design and Registration Committee.
(d) Subject to the approval of the Administrator, the Code Au-
thority shall formulate rules and regulations pertaining to its pro-
cedure in handling the complaints pursuant to this Article.
Article IX — Labels
1. All garments manufactured or distributed subject to the pro-
visions of this Code shall bear an N.R.A. label to symbolize to
purchasers of said garments the conditions under which they were
manufactured, and which shall remain attached to such garments
when placed on sale by the retail distributor.
2. Under the powers vested in him by the Executive Order of
October 14, 1933, and under grant of the necessary authority by
the Administrator, the Code Authority shall have the exclusive
right in this Industry to issue and furnish said labels to the members
thereof, subject to such rules and regulations governing the same as
may be prescribed by the Administrator.
3. Each label shall bear a registration number especially assigned
to each employer by the Code Authority and remain attached to such
garment when sold to the retail distributors.
4. The Code Authority may, subject to the Administrator's ap-
proval, establish further rules and regulations and appropriate
machinery for the issuance of labels and the inspection, examination
and supervision of the practices of employers using such labels in
observing the provisions of this Code, for the purpose of ascertaining
the right of said employers to the continued use of said labels, of
protecting and informing purchasers in relying on said labels, and
of insuring to such individual employer that the symbolism of said
label will be maintained by virtue of compliance with the practices
herein contained by all other employers using said label.
5. The charge made for such labels by the Code Authority shall
at all times be subject to the supervision and orders of the Admin-
istrator and shall be not more than an amount necessary to cover the
actual reasonable cost thereof, including actual printing, distribu-
tion and administration and supervision of the use thereof as herein-
above set forth.
86360—34 14
372
AkticliE X — Monopolies
This Code shall not be construed or applied so as to promote or
permit monopolies or monopolistic practices or to eliminate or op-
press small enterprises or to discriminate against them.
Article XI — ^Modifications
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of sub-section (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule or regulation, issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice of hearing as he shall specify and to become effective on
approval by the President.
Article XII — Effective Date
This Code shall become effective on the tenth day after its approval
by the President and shall thereupon supersede the Code of Fair
Competition for this Industry approved by the President on August
4, 1933.
Approved Code 5 — Amendment No. 1.
Registry No. 215-1-10.
Approved Code No. 310 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FRESH WATER PEARL BUTTON MANUFACTUR-
ING INDUSTRY
As Approved on August 20, 1934
ORDER
Approving Amendments of Code of Fair Competition for the
Fresh Water Pearl, Button Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Fresh Water Pearl Button
Manufacturing Industry, and hearings having been duly held
thereon and the annexed report on said amendments, containing
findings with respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report and do find that said amendments and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act. and do hereby order that said amendments
be and they are hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as amended; and do hereby
FURTHER ORDER that said amendments shall become effec-
tive as part of the Code ten (10) days after the date hereof.
Hugh S. Johnson,
Ad/ministrator for Industrml Recovery.
Approval recommended :
William P. Farnsworth,
Acting Division Administrator.
Washington, D.C,
August 20, 193^.
(373)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir: The Public Hearing on amendments to the Code of Fair
Competition for the Fresh Water Pearl Button Manufacturing In-
dustry, approved February 28, 1934, as proposed by the Code
Authority for this Industry was conducted on Monday, April 9, 1934,
in the Mayflower Hotel, Washington, D. C.
Each person who requested an appearance was fairly heard in
public in accordance with the regulations of the National Recovery
Administration. Present were representatives of the Code Authority
for this Industry, and representative members of the Industry.
Section 4 of Article IV, Wages, has been amended. Article V,
General Labor Provisions, has been amended by the addition of a
new Section 8. Section 12 of Article VII, Trade Practices, has
been amended.
The Deputy Administrator in his final report to me on said
amendments to said Code having found as herein set forth and on
the basis of all the proceedings in this Matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstruction's to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of Industry
for the purpose of cooperative action of labor and management
under adequate governmental sanction and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendements and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not.
operate to discriminate against them.
(374)
375
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, these amendments have been approved.
Kespectfully,
Hugh S. Johnson,
Administrator.
August 20, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FRESH WATER PEARL BUTTON MANUFACTUR-
ING INDUSTRY
Article IV, Paragraph 4, is hereby amended to read as follows:
4. No member of the Industry shall pay an employee a lesser time
rate than is required to provide the same earnings for the hourly work
week herein established, than was received for that class of work by
such employee for the longer full time work week prevailing as of
July 1, 1933. All piecework rates shall be increased above the rates of
July 1, 1933, so that earnings based upon piecework rate for the
full time work week herein established shall not be less than was
received for that class of work for the longer full time work week as
of July 1, 1933. When new types (sizes or patterns) of products are
produced by any member of the Industry, piecework rates to be paid
for such work shall be arrived at on an equitable basis with the rates
prevailing in that factory.
Any member of this Industry may change an employee's method of
compensation from a piece rate to a time rate, or from a time rate to
a piece rate, but in no case shall any employee be deprived of an}^ of
the benefits received under the provisions of this Code, nor shall his
full time weekly compensation be reduced by such change. No mem-
ber of the Industry shall reclassify the duties or occupation of an
employee so as to defeat the purposes of the Act or of this Code.
Article V is hereby amended by adding thereto a paragraph num-
bered 8, to read as follows :
8, Any member of the Industry, either an individual owner, mem-
ber of a partnership or corporation, performing the duties of an
employee shall be governed by the provisions of Articles III and V
of this Code as amended.
Article VII, paragraph 12, is hereby amended to read as follows :
12. No member of the Industry shall grant any term of cash dis-
count in excess of one per cent (1%) ten days, net thirty, E.O.M.,
with not exceeding five (5) days grace. Goods shipped on or after
the twenty-fifth of a month may be billed as of the 1st of the follow-
ing month. Members of the Industry may accept checks, less cash
discount, if received postmarked not later than the last day of grace.
Approved Code No. 310 — ^Amendment No. 1.
Eegistry No. 1009-1-02.
(376)
Approved Code No. 110 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
HARDWOOD DISTILLATION INDUSTRY
As Approved on August 20, 1934
ORDER
Approving Amendments of Code of Fair Competition for the
Haedwood Distillation Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Hardwood Distillation Indus-
try, and hearings having been duly held thereon and the annexed
report on said amendments, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as
constituted after being amended comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendments be and
they are hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended.
Hugh S. Johnson,
AdTThinistrator for Industrial Recovery.
Approval recommended :
Geo. L. Berry,
Division AdTninistrator.
Washington, D.C,
August 20, 1934.
(377)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the proposed amendments to the Code of
Fair Competition for the Hardwood Distillation Industry as ap-
proved by you on November 10, 1933. A public hearing was held on
May 23, 1934, in Washington, D. C, on several amendments including
amendment No. 1. Amendments Nos. 2 and 3 were considered by the
Industry through three regional meetings. Full opportunity to be
heard was given to all interested parties.
This report covers only one of the amendments proposed at the
public hearing and the amendment pertaining to Forest Conserva-
tion. The additional amendments proposed at the public hearing
will be submitted for approval as soon as further necessary considera-
tion can be given to same.
The purposes and effects of the amendments are as follows :
Amendment No. 1 enables the Code Authority to incur such reason-
able obligations as are necessary for the administration of the Code.
It requires that the Code Authority submit for approval of the Ad-
ministrator an itemized budget and an equitable basis of pro-rating
the assessments to be collected from the members of the Industry.
Payment of an equitable contribution to the expenses of the Code
Authority by members of the Industry is made mandatory by this
amendment if their principal line of business is covered by this Code.
Amendment No. 2 provides general policy for Forest Conservation
on the part of the Code Authority for the Hardwood Distillation
Industry in accordance with the Administration's policy as covered
in Office Memorandum No. 212, dated May 24, 1934.
Amendment No. 3 provides that the Code Authority shall estab-
lish forest practice rules and regulations subject to the approval of
the Administrator within sixty days after approval of this amend-
ment. The Divisions of the Industry are to submit, through the
Code Authority, to the Administrator for his approval these forest
practice rules and regulations.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
(378)
379
Article IV establishes a Code Authority of nine members, consist-
ing of eight members to be elected by the Board of Directors of the
Industrial Alcohol Institute and one representative of the members
of the Industry who are not members of the Institute. The repre-
sentative of the non-members of the Industrial Alcohol Institute may
be elected by such members by a fair method of selection subject to
the approval of the Administrator or appointed by the Administrator
if they fail to elect. In addition to the above, the Administrator
may appoint not more than three Administration Members who are
to serve on the Code Authority without vote and without expense to
the Industry.
Article V provides the trade practice provisions which shall apply
to the Industrial Alcohol Industry. Some of these provisions aimed
at correcting the destructive price competition existing in this Indus-
try have received a great deal of consideration in order to harmonize
them with Administration policy.
The provisions concerning the open filing of prices are in accord
with the Administration's policy as announced on June 7, 1934.
Section 2 of Article V provides as follows :
"Inasmuch as certain products of the Hardwood Distillation In-
dustry, namely, methyl alcohol for anti-freeze, are used for identical
anti-freeze purposes, as ethyl, isopropyl and various types of methyl
alcohol as covered by this Code, the filing of prices on the last named
products under this Code, and all other provisions of Article V
hereof, are not to become effective until and unless a provision for the
filing of prices of the above named products which are covered b}^
the Hardwood Distillation Industry Code, and the embodying of the
other provisions of Article V hereof, are incorporated in that Code.
When this is accomplished prices filed under each code shall be ex-
changed under the same conditions as outlined above insofar as they
aj)ply to both the above named classes of products."
The reason for this provision is explained therein. Obviously
the open filing of prices by the Industrial Alcohol Industry on
products which are directly competitive with almost identical prod-
ucts produced by the Hardwood Distillation Industry would not
be of any aid to them in reducing or knowing about destructive
price competition unless the open filing of prices were adopted also
by the Hardwood Distillation Industry for the products referred
to. For the same reason the other fair trade practices are not to
become effective in respect to the products of the Industrial Alcohol
Industry which are competitive with methyl alcohol sold for anti-
freeze by the Hardwood Distillation Industry unless the other trade
practice provisions specified in Article V are also adopted by the
Hardwood Distillation Industry.
The Code Authority of the Hardwood Distillation Industry has
conferred with the Code Committee of the Industrial Alcohol In-
dustry and they were also represented at the public hearing on the
Code for the Industrial Alcohol Industry. It is understood that
as soon as the Code for the Industrial Alcohol Industry is approved
the Code Authority of the Hardwood Distillation Industry will
consider the fair trade practice provisions of the Code for the
Industrial Alcohol Industry with a view to taking whatever action
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE HARDWOOD DISTILLATION INDUSTRY
Amendment 1. Delete Section 2 of Paragraph A of Article VI,
Administration and substitute therefor the following:
"2 (a) It being necessary to support the Administration of this
Code, in order to effectuate the policy of the Act and to maintain
the standards of fair competition established hereunder, the Code
Authority is authorized:
"(1) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes, and to meet such obliga-
tions out of funds which may be raised as hereinafter provided
and which shall be held in trust for the purposes of the Code;
"(2) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem
necessary (1) an itemized budget of its estimated expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed
by members of the Industry;
"(3) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equit-
able contribution as above set forth by all members of the
Industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
"(b) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided (unless duly exempted from making such contribution), shall
he entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
"(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the Admin-
istrator ; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved."
Amendment 2. Change the period at the end of the first sentence
of Article I to a comma and add the following :
" and to conserve forest resources to bring about sustained yields
from the forests."
(380)
381
Amendment 3. Add the following as Paragraph D of Article VI :
" D. The Code Authority shall establish forest practice rules and
regulations subject to the approval of the Administrator. Within
sixty (60) days after the approval of this amendment, the Divisions
of the Industry shall submit through the Code Authority to the Ad-
ministrator for his approval forest practice rules and regulations."
Approved Code No. 110 — Amendment No. 2.
Registry No. 699-03.
1
Approved Code No. 118 — Amendment No. 6
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON GARMENT INDUSTRY
As Approved on August 21, 1934
OEDER
Approving Amendment to Code of Fair Competition for the
Cotton Garment Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Cotton Garment In-
dustry, an opportunity to be heard having been duly afforded all
members of said Industry and the annexed report on said amend-
ment, containing findings with respect thereto, have been made and
directed to the President i
NOW, THEREFORE," on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendment be and
it is hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Sol a. Rosenblatt,
Division Administrator.
Washington, D.C,
August 21, 1934.
(383)
I
L
EEPOKT TO THE PRESIDENT
The President,
The White House.
Sir: The Code Authority for the Cotton Garment Industry sub-
mitted on May 4, 1934, a proposed amendment to the Code of Fair
Comjjetition for the Cotton Garment Industry. The amendment
when submitted was presented to the Legal Division of the National
Recovery Administratioi^ and received its approval.
As the amendment was short and simple and consistent with the
policies of the Administration, a Public Hearing was considered not
necessary and in lieu of the Public Hearing, Notices of Opportunity
to be Heard were printed and distributed in the same manner as the
Notice of Public Hearing. A specified date was set forth in such
notice by which time objections and criticisms were to be received
relative to the amendment. Up to and including the dates specified
in such notice, no objections or criticisms were received.
In its final form the amendment received the approval of the
Industrial Advisory Board, the Labor Advisory Board, the Legal
Division and the report of the Consumers' Advisory Board and
Research and Planning Division of the National Recovery Adminis-
tration. The amendment provides that the Code Authority may
incorporate and be known as the Cotton Garment Code Authority,
Incorporated.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsecton (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(384)
385
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, these amendments have been approved.
Respectfully,
Hugh S. Johnson,
Administrator.
August 21, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON GARMENT INDUSTRY
Article IX is amended by adding the following to be known as
Section N.
The Cotton Garment Code Authority may, upon submission to
and approval by the Administrator of its proposed Certificate of
Incorporation and By-Laws, incorporate under the laws of any State
of the United States, or of the District of Columbia; such corpora-
tion to be known as the Cotton Garment Code Authority, Inc. The
powers, objects and purposes of the said Corporation shall in all
respects be limited to the powers, objects and purposes of the Cotton
Garment Code Authority, as provided in this Code and the existence
of the Corporation shall be during the term of the Code.
Approved Code No. 118 — ^Amendment No. 6.
Registry No. 217-1-06.
(386)
Approved Code No, 118 — Amendment No. 7
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON GARMENT INDUSTRY
As Approved on August 21, 1934
BY
PRESIDENT ROOSEVELT
EXECUTIVE ORDER
Approving Amendments to Code of Fair Competition tor the
Cotton Garment Industry
Hearings having been duly held in full compliance with the pro-
visions of Title I of the National Industrial Recovery Act, approved
June 16, 1933, in connection with amendments of the Code of Fair
Competition for the Cotton Garment Industry, and the Administrator
having rendered his report thereon together with his recommenda-
tions and findings with respect thereto, and it appearing that the said
amendments will promote the policy and purposes of Title I of the
National Industrial Recovery Act:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by Title I
of the National Industrial Recovery Act, approved June 16, 1933,
and the Code of Fair Competition for the Cotton Garment Industry,
and otherwise, do adopt and approve the report, recommendations,
and findings of the Administrator and do hereby order that the said
amendments be and they are hereby approved, and that my previous
order of approval of said Code is hereby modified to include an
approval of said Code in its entirety as amended, such approval to
take effect fourteen (14) days from the date hereof unless good cause
to the contrary is shown to the Administrator prior to that time and
I do issue a subsequent order to that effect.
FRANKLIN D. ROOSEVELT.
Approval recommended :
Hugh S. Johnson,
A dministrator.
The White House,
August 21, 193 Jf.
8G360— 34 15 (387)
LETTER OF TRANSMITTAL
The President,
The 'White House.
Sir: On June 18, 1934, a public hearing was called to consider
amendments to the Code of Fair Competition for the Dress Manu-
facturing Industry, the Code of Fair Competition for the Men's
Clothing Industry, and the Code of Fair Competition for the Cot-
ton Garment Industry. These amendments to the Cotton Garment
Code are part of the results of this hearing.
The hearing showed no material reemployment by this Industry
subsequent to the effective date of the Code, which contained a pro-
vision arbitrarily fixing a work week of forty hours. The forty hour
work week of the Cotton Garment Industry Code has resulted in
unfair competition between members of the apparel industry under
it and members under other apparel codes which have provisions for
thirty-five and thirty-six hour work weeks.
To bring about more reemployment and correct the unfair compe-
tition existing because of the forty hour work week of the Cotton
Garment Code, and effectuate the purposes of the Act, it is necessary
to make a reduction to thirty-six hours, and, at the same time, make
a proportionate increase in the pay of employees so as to maintain
the same weekly wage rate as is provided in the Code as approved
November 17, 1933.
The Industry has given its assent to all of those amendments with
the exception of the ones relating to hours, (Section A of xVrticle
III, reducing the maximum hours to 36), and wages, (Sections A
and B of Article IV, making the proportionate increase in the basic
wage). Bj^ refusing to assent to the hour and wage provisions, the
Industry has made it necessary for the amendments to be submitted
to you for approval.
These amendments are in five parts as follows :
Part 1 eliminates a provision of Article II, Section (a) which
gives the Administrator the right to hold such hearings as he may
deem necessary in order to determine whether the definition of prod-
ucts of the Industry may be modified or eliminated. This deleted
provision has served its purpose and is therefore being eliminated.
Part 2 amends Article III of the Code. Three sections (a), (b)
and (d) having served their purpose in the Code are deleted and a
new section (a) is added so as to provide for a 36 hour work week
for manufacturing emploA^ees instead of a 40 hour work week in the
Code as heretofore approved.
Part 3 amends Article IV of the Code. Several sections hav-
ing served their purposes in the Code are deleted and four new.
secticms are added. New section (a) provides for a minimum wage
of Twelve ($12.00) Dollars per week for the Southern Area and a
(388)
389
minimum wage of Thirteen ($13.00) Dollars per week for the
Northern Area. It further provides that emploj-ees shall be paid
at least the same wage per Aveek of 36 hours as was paid for the
week of 40 hours, and further, that piece rates shall be increased by
not less than ten (10%) percent above the piece work rate prevailing
as of May 1, 1934.
New section (b) provides that in the Sheep-Lined and Leather
Garment Industry manufacturing employees are to be paid at a
minimum wage of Fourteen ($14.00) Dollars per week, and further
provides a specified minima to be paid skilled workers, and that
piece rates shall be increased by not less than ten (10%) percent over
and above the piece work rates prevailing as of May 1, 1934,
New section (c) provides a minimum wage to be paid learners
employed in the Industry.
New section (e) provides that handicapped employees may be
employed on light work at a wage below the minimum established
by the Code.
Part 4 contains new provisions to be added to the Code which are
pursuant to recent policy rulings of the Administration relative to
destructive price cutting and cost finding.
Part 5 is a new provision of the Code providing for an Industrial
Committee to study all applications for exemption from provisions
of the Code, by individual manufacturers, and to grant such exemp-
tions subject to the disapproval by the Administrator.
The Deputy Administrator in his final report to me on said amend-
ments to said Code, having found as herein set forth and on the
basis of all proceedings in this matter :
" I find that :
"(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act, including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarih^ required), by increasing
purchasing power, by reducing and relieving unemplo;fment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
"(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (b) of Section 10
thereof.
''(c) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
"(d) The amendments and the Code as amended are not designed
to, and will not eliminate or oppress small enterprises, and will not
operate to discriminate against them.
390
"(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments."
For these reasons these amendments are recommended for your
approval.
Respectfully,
Hugh S. Johnson,
Admmistrator.
August 21, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON GARMENT INDUSTRY
Article II is hereby amended to delete therefrom the second para-
graph of Section A, which begins Avith the words " The Products "
and ends with the words " in this Code."
II
Article III is herebj^ amended bj^ deleting therefrom Sections A,
B and D, by substituting therefor the following Section A and by
redesignating Sections C and E as Sections B and C respectively.
"A. On and after October 1, 1934, no manufacturing employee
shall be permitted to work in excess of thirty-six (36) hours in any
one week nor in excess of eight (8) hours in any one day, except as
herein otherwise provided. The Industrial Committee, to the extent
provided in Article XV hereof, may make such determinations of
applications for exceptions and/or exemptions from the provisions
of this Section as it may deem proper and necessary, subject to the
disapproval of the Administrator as provided therein. No non-
manufacturing employee shall be permitted to work in excess of
forty (40) hours in any one week."
Ill
Article IV is hereby amended by deleting therefrom Section D,
by redesignating Sections E, G, H, I, J, K, L and M as Sections
D, F, G, H, I, J, K and L, respectively; and by redesignating Sec-
tion F as Section E and amending Sections A, B, C and E as follows :
"A. On and after October 1, 1934, except as hereinafter provided,
no employee shall be paid at less than the rate of Twelve Dollars
($12.00) per thirty-six (36) hour week in the Southern area, nor
at less than the rate of Thirteen Dollars ($13.00) per thirty-six (36)
hour week in the Northern area. Week workers and/or time work-
ers receiving above the minimum wage prior to this amendment
shall be paid at not less than the same wage per thirty-six (36)
hour week that they were paid per forty (40) hour week. Piece
rates shall be increased by not less than 10% over and above the
piece rates prevailing as of May 1, 1934, but in no event shall piece
workers receive less than the minimum weekly wage herein pro-
vided."
" B. On and after October 1, 1934, in the Sheep-Lined and Leather
Garment Industry, no manufacturing employee shall be paid at less
than the rate of Fourteen Dollars ($14.00) per week. No operator
shall be paid at less than the rate of 45^ per hour; and no short
(391)
392
knife cutter shall be paid at less than the rate of 75^ per hour.
Manufacturing employees shall receive not less for thirty-six (36)
hours than they received for forty (40) hours. Piece rates shall
be increased by not less than 10% over and above the piece rates
prevailing May 1, 1934."
" C. The number of learners employed at any time in the Cotton
Garment Industry or in a manufacturer's plant or factory shall not
exceed ten (10%) .percent of the total number of manufacturing
employees in said plant. A learner shall be classified as a person
Avho has worked in this industry for a period of not more than twelve
(12) weeks in whatsoever capacity. Learners shall be paid not less
than the following :
First four weeks 50% of the minimum waiie
Second four weeks 66%% of 1 lie minimum wage
Third four weeks 80% of the minimum wage."
" E. A person whose earning capacity is limited because of age,
physical or mental handicap, or other infirmity, may be employed
on light work at a wage below the minimum established by this Code.
if the employer obtains from the State Authority, designated by
the United States Department of Labor, a certificate authorizing liis
employment at such wages and for such hours as shall be stated in
the certificate. Such authority shall be guided by the instructions
of the United States Department of Labor in issuing certificates to
such persons. Eacli employer shall file monthly with the Code Au-
thority a list of all such persons employed by him, showing the
wages paid to and the maximum hours of work for such employee."
IV
Article XI is hereby amended to include Section D which shall
read as follows :
" D. The Standards of Fair Competition for the Industry with
reference to pricing practices are declared to be as follows : "
"1. (a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any quoted price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and
working conditions.
" The Code Authority shall within five (5) days afford an oppor-
tunity to the member quoting the price to answer such complaint and
shall within fourteen (14) days make a ruling or adjustment thereon.
If such ruling is not concurred in by either party to the complaint,
all papers shall be referred to the Research and Planning Division
of NRA which shall render a report and recommendation thereon to
the Administrator.
"(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is int-ended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
393
"(c) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of
Section 2 hereof is forbidden."
"'2. Emergency Provisions. — (a) If the Administrator, after in-
vestigation, shall at any time find both (1) that an emergency has
arisen within the Industry adversely affecting small enterprises or
wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of a stated minimum price for a specified
product witliin the Industry for a limited period is necessary to miti-
gate the conditions constituting such emergency and to effectuate the
purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the Administrator
a determination of a stated minimum price of the product affected
by the emergency and thereupon the Administrator may proceed to
determine such stated minimum price,
(b) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act, he shall publish such price. Thereafter,
during such stated period, no member of the Industry shall sell such
specified products at a net realized price below said stated minimum
price and any such sale shall be deemed destructive price cutting.
From time to time, the Code Authority may recommend review or
reconsideration or the Administrator may cause any determination
hereunder to be reviewed or reconsidered and appropriate action
taken."
" 3. Cost Finding. — The Code Authority shall cause to be formu-
lated methods of cost finding and accounting capable of use by all
mem.bers of the Industry, and shall submit such methods to the
Administrator for review. If approved by the Administrator, full
information concerning such methods shall be made available to all
members of the Industry. Thereafter, each member of the Indus-
try shall utilize such methods to the extent found practicable. Noth-
ing herein contained shall be construed to permit the Code Authority,
any agent thereof, or any member of the Industry to suggest uniform
additions, percentages of differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
prices."
Article XV shall be amended as follows:
The section presently known as Section B shall be known as Sec-
tion C and a new section shall be inserted in said Article to be known
as Section B as follows :
" B. A Committee is hereby established to be known as the Indus-
trial Committee, to be appointed by the Administrator on the nom-
ination of the following: Three members by the Code Authority to
represent the Industry and three members by the Labor Advisory
Board of which one shall be without Union affiliation. The six so
selected shall select a Chairman to be approved by the Adminis-
trator. The powers and duties of this committee shall be as follows :
394
"All applications for exceptions and/or exemptions from any of
the provisions of this Code shall be considered by the Committee
hereby established and the Committee shall make such determina-
tions as it may deem proper and necessary after due consideration.
" 1. The Industrial Committee shall forward to the Administrator
any and all of its determinations, and its reasons therefor, within
twenty-four (24) hours of the time of such determinations, which
shall become effective five (5) days after the date of receipt thereof
by the Administrator, unless prior thereto disapproved by the Ad-
ministrator, subject, however, to the further order of the Adminis-
trator. All decisions of the Industrial Committee shall be posted at
the office of the Cotton Garment Code Authority at a place regularly
designated for such purpose, together with a notice that all parties
objecting thereto may file their objections with the Administrator.
" 2. The Industrial Committee in making determinations on any
of the labor provisions of this Code shall be bound by the following :
"(a) Any overtime period granted to any member of the Industry
shall be upon the condition that time and one-half shall be paid to
any employee who works in excess of the maximum hours permitted
herein pursuant to the determination of the Industrial Committee.
In cases of undue hardship created by virtue of this provision, the
Committee may up to forty (40) hours per week grant this exception
at the regular hourly rate.
" 3. The Industrial Committee shall make determinations promptly
upon receipt of exemptions and/or exceptions and shall within
twenty-four (24) hours after decision report its findings to the mem-
bers of the Industry making such applications."
Approved Code No. 118 — ^Amendment No. 7.
Registry No. 217-1-06.
Approved Code No. 232 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MERCHANDISE WAREHOUSING TRADE
As Approved on August 21, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Merchandise Warehousing Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Merchandise Ware-
housing Trade, and notice of oppoi'tunity to file objections having
been published thereon, and the annexed report on said amendment,
containing findings with respect thereto, having been made and
NOW, THEREFORE," on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as con-
stituted after being amended comply in all respects with the pertinent
provisions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
WlLUAM P. FaRNSWORTH,
Acting Division Administrator.
Washington, D.C,
August U, 193^.
(395)
REPORT TO THE PRESIDENT
The President,
The White Bouse.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Merchandise Warehousing Trade. The amendment
was submitted by the Code Authority for said Trade and was pub-
lished on June 27, 1934. Opportunity to file Objections was afforded
all interested parties, and during the period designated to permit
such opportunity, no objections were received.
The amendment was submitted by the Code Authority in accord-
ance with your Order of April 14, 1934.
In final form this amendment has been approved by the Industrial
Advisory Board, the Labor Advisory Board, the Consumers' Ad-
visory Board, the Research and Planning Division and the Legal
Division of the National Recovery Administration.
The Deputy Administrator in his final report to me on the amend-
ment to said Code, having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
struction to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(396)
397
(f) Those engaged in any other steps of the economic process
have not been deprived of the right to be heard prior to approval of
said amendment.
For these reasons, this amendment has been approved.
Kespectfully,
Hugh S. Johnson,
Administrator.
August 21, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MERCHANDISE WAREHOUSING TRADE
The Code of Fair Competition for the Merchandise Warehousing
Trade shall be modified by deleting Section 3 of Article VI, and
inserting in lieu thereof :
"Section 3. (A) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the pur]:)oses of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget for its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of
the trade ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the trade, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
(B) Each member of the trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the trade complying with the Code and contributing to the
expenses of its administration as hereinabove provided (unless duly
exempted from making such contributions), shall be entitled to par-
ticipate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(C) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates ex-
cept those which the Administrator shall have so approved.
Approved Code No. l32 — AmendniGiit No. 1.
Registry No. 1715-01.
(398)
Approved Code No. 176 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PAPER DISTRIBUTING TRADE
AS APPROVED ON AUGUST 21, 1934
ORDER
Appro\ing Modification of the Code of Fair Competition for the
Paper Distributing Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Recovery-
Act, api^roved June 16, 1933, for approval of a modification to a
Code of Fair Competition for the Paper Distributing Trade, and due
notice and opportunity to be heard having been given thereon and
the annexed report on said modification containing findings with
respect thereto having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference, said annexed
report and do find that said modification and the Code as constituted
after being modified comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of said
Act, and do hereby order that said modification be and it is hereby
approved, and that the previous approval of said Code is hereby
modified to include an approval of said Code in its entirety as
modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Geo. L, Berry,
Division Administrator.
Washington, D.C,
August 21, 193^.
(399)
REPOKT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on a modification of the Code of Fair Com-
petition for the Paper Distributing Trade which was approved by
you December 23, 1933.
The effect of this Amendment will enable the Code Authority to
submit a Budget and Basis of Assessment and give it the power to
institute legal proceedings, if necessary, for the collection of said
assessments.
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that :
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without
limitation sub-section (a) of Section 3, sub-section (a) of Section 7
and sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to propose the modi-
fication on behalf of the Industry as a whole.
(d) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
modification.
For those reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
Ad7ninistrator.
AiKJUST 21, 1934.
(400)
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE PAPER DISTRIBUTING TRADE
TO BE SUBSTITUTED FOR ARTICLE IV SECTION 4
A. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority and the Regional Committees are authorized :
(1) To incur guch reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(2) To submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem neces-
3ary (1) an itemized budget of its estimated expenses for the fore-
going purposes and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the Trade.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the Trade, and to that
end, if necessary, to institute legal proceedings therefor in its own
name.
B. Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority
and the Regional committees, determined as hereinabove provided,
and subject to rules and regulations pertaining thereto issued by the
Administrator. Only members of the Trade complying with the
Code and contributing to the expenses of its administration as here-
inabove provided, unless duly exempted from making such contribu-
tion, shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
C. The Code Authority and the Regional committees shall neither
incur nor pay any obligation substantially in excess of the amount
thereof as estimated in its approved budget, and shall in no event
exceed tlie total amount contained in the approved budget except
upon approval of the Administrator; and no subsequent budget shall
contain any deficiency item for expenditures in excess of prior budget
estimates except those which the Administrator shall have so
approved.
Approved Code No. 176 — Amendment No. 1.
Itegistry No. 40.3-3-07.
(401)
Approved Code No. 180 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PHOTO-ENGRAVING INDUSTRY
As Approved on August 21, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Photo-Engraving Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Photo-Engraving
Industry, and hearings having been duly, held thereon and the an-
nexed report on said amendment, containing findings with respect
thereto, having been made and directed to the President :
NOAV, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me bj^ Executive Orders of tne
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purpose of said
Title of said Act, and do hereby order that said amendment be and
it is hereby approved, and that the present sub-section (f) of Sec-
tion T, Article VII, and Section 5 of Article VII be deleted ; and that
the previous approval of said Code is hereby modified to include an
approval of said Code in its entirety, as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
George Buckley,
D iv is ion A dmin is trat or.
Washington, D.C,
August 21, 193 If.
86360—34 16 (403)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the proposed amendment to the Code of
Fair Competition for the Photo-Engraving Industry as approved by
you on December 23, 1933. The proposed amendment is to be known
as Sub-section (f) of Article VII, Section 7. It was noticed for
Opportunity to be Heard on June 23, 1934. No criticisms of, objec-
tions to or suggestions concerning this amendment were submitted
to the Administration within the time limit allowed by the Notice
of Opportunity to be Heard, which expired on July 6, 1934.
The amendment gives the Code Authority under the Photo-
Engraving Code the power to collect assessments, and makes it a
violation of the Code for an establishment to fail to pay such assess-
ments when the budget and basis of contribution of a Code Authority
has been approved by the Administrator.
The proposed amendment does not in any way affect the labor
provisions of the Photo-Engraving Code.
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free floAv of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limitation
Sub-section (a) of Section 3, Sub-section (a) of Section 7 and Sub-
section (b) of Section 10 thereof.
(c) The Photo-Engraving Code Authority was and is the highest
governing body of the Photo-Engraving Code and truly representa-
tive of the aforesaid industry, and has applied for this amendment.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(404)
405
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
I believe the amendment to be fair to labor, to the consumer, and
to the industry, and for these reasons, therefore, I approve this
amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 21, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION FOR
THE PHOTO-ENGRAVING INDUSTRY
The modification proposed in such application is to be known as
Sub-section (f) of Article VII, Section 7, and is as follows:
1. It being found necessary in order to support the administration
of this code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized, subject to the approval of the Administrator,
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved b}'^ the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary to institute legal proceedings therefor in its
own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
legulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, (unless
duly exempted from making such contributions,) shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any de-
ficiency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 180 — Amendment No. 1.
Registry No. .504-1-04.
(406)
Approved Code No, 105 — Amendment No, 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
AUTOMOTIVE PARTS AND EQUIPMENT MANU-
FACTURING INDUSTRY
As Approved on August 23, 1934
ORDER
Appro\^ng Modification of Code of Fair Competition for the
Automotive Parts and Equipment Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifica-
tion of the Code of Fair Competition for the Automotive Parts and
Equipment Manufacturing Industry, and hearings having been duly
held thereon and the annexed report on said modification, containing
findings with respect thereto, having been made and directed to the
X^rGSlQGllt '
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S, Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed re-
port and do find that said modification and the Code as constituted
after being modified comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said modifications be and it is
hereby approved, and that the previous approval of said Code is
liereby modified to include an approval of said Code in its entirety
«s modified,
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
C, E. Adams,
Division Administrator.
Washington, D,C.,
August 23, 1931^.
(407)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Recovery Act, for a
modification of the Code of Fair Competition for the Automotive
Parts and Equipment Manufacturing Industry, submitted by the
National Control Committee on behalf of the Emergency National
Committee.
The purpose and effect of the modification are to have the Code
conform to the provisions of Administrative Order No. X-36, ap-
proved on May 26, 1934, to authorize the Code Authority to submit
a budget and method of assessment upon which funds shall be con-
tributed by members of the Industry.
FINDINGS
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the
basis of all the proceedings in this matter :
I find that:
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the pur-
pose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as modified complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said modification on behalf of the industry as a whole.
(d) The modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the Code as modified are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(408)
409
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modification.
For these reasons, therefore, I have approved this modification.
Respectfully,
Hugh S. Johnson,
Administrator.
August 23, 1934.
/
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE AUTOMOTIVE PARTS AND EQUIPMENT MANU-
FACTURING INDUSTRY
To delete Paragraph B, Article VI and substitute the following
to be known as Article VI, Paragraph B, Sections 1, 1(a), 1(b),
1(c), 2 and 3.
1. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
Khali be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
Approved Code No. 105 — Amendment No. 2.
Registry No. 1404-02.
(410)
Approved Code No. 179 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ELECTROTYPING AND STEREOTYPING
INDUSTRY
As Approved on August 23, 1934
ORDER
Approm:ng Amendment of Code of Fair Competition for the
Electrotyping and Stereotyping Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Electrotyping and
Stereotyping Industry, and hearings having been duly held thereon
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted, after being amended, comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment be
and it is hereby approved, and that the present subsection (f) of
Section 7, Article VII, and Section 5 of Article VII be deleted ; and
that the previous approval of said Code is hereby modified to include
an approval of said Code in its entirety as amended.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
George Buckley,
Div ision A dministrator.
Washington, D.C.',
August 23, 193Jf.
(411)
REPORT TO THE PRESIDENT
The President,
The 'White House,
Sir : This is a report on the proposed amendment to the Code of
Fair Competition for the Electrotyping and Stereotyping Industry
as approved by you on December 23, 1933. The proposed amend-
ment is to be known as Subsection (f ) of Article VII, Section 7. It
was noticed for Opportunity to be Heard on June 26, 1934. No
criticisms of, objections to or suggestions concerning this amendment
were submitted to the Administration within the time limit allowed
by the Notice of Opportunity to be Heard, which expired on July 11,
1934.
The amendment gives the Code Authority under the Electrotyping
and Stereotyping Code the power to collect assessments, and makes
it a violation of the Code for an establishment to fail to pay such
assessments when the budget and basis of contribution of a Code
Authority has been approved by the Administrator.
The proposed amendment does not in any way affect the labor
provisions of the Electrotyping and Stereotyping Code.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provision of said Title of said Act, including without limi-
tation Sub-section (a) of Section 3, Sub-section (a) of Section 7
and Sub-section (b) of Section 10 thereof.
(c) The Electrotyping and Stereotyping Code Authority was and
is the highest governing body of the Electrotyping and Stereotyping
Code and truly representative of the aforesaid industry, and has ap-
plied for this amendment.
(412)
413
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amendecl are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
I believe the amendment to be fair to labor, to the consumer, and
to the industry, and for these reasons, therefore, I approve this
amendment.
Kespectfully,
Hugh S. Johnson,
Administrator.
August 23, 1934.
MODIFICATION TO CODE OF FAIR COMPETITION
FOR THE ELECTROTYPING AND STEREOTYPING
INDUSTRY
The modification proposed is to delete sub-section (f), Section 7,.
Article VII, and also delete Section 5 of Article VII and to submit
in lieu thereof the following :
Section 5. It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,, ;
the Code Authority is authorized : '
(a) To incur such reasonable obligations as are necessary and
proj^er for the foregoing purposes, and to meet such obligations out
of funds which may, be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,.
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equitable
constribution as above set forth by all members of the Industry, and
to that end, if necessary, to institute legal proceedings therefor in its-
own name.
Section 5-A. Each member of the Industry shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the Industry complying with the Code
and contributing to the expenses of its administration as hereinabove
provided, (unless duly exempted from making such contributions,)
shall be entitled to participate in the selection of members of the
Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recoverj?^ Administration.
Section 5-B. The Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof as esti-
mated in its approved budget, and shall in no event exceed the total
amount contained in the approved budget except upon approval of
the Administrator; and no subsequent budget shall contain any
deficiency item for expenditures in excess of prior budget estimates;
except those which the Administrator shall have so approved.
Approved Code No. 179 — Amendment No. 2.
Registry No. 503-02.
(414)
Approved Code No. 208 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PICTURE MOULDING AND PICTURE FRAME
INDUSTRY
As Approved on August 23, 1934
ORDER
Approving Modification of Code of Fair Competition for the
Picture Moulding and Picture Frame Industry
An application having been duly made pursuant to and in full
compliance Avith the provisions of Title I of the National Industrial
Recovery Act. approved June 16, 1933, for approval of a modifica-
tion to the Code of Fair Competition for the Picture Moulding and
Picture Frame Industry, and due consideration having been given
thereon and the annexed report on said modification, containing
findings with respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Order No. 6543-A,
dated December 30, 1933, and otherwise, do hereby incorporate, by
reference, said annexed report and do find that said modification and
the Code as constituted after being modified comply in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act, and do hereby order that said modifi-
cation be and it is hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as modified, provided, however, that Article VI, Sec-
tion 8 be and it is hereby deleted,
Hugh S. Johnson,
Achmnistrafor for Industrial Recovery.
Approval recommended :
C. E. Adams,
Division Administrator.
Washington, D.C,
August 23, 103If.
(415)
KEPORT TO THE PRESIDENT
The President.
The White House.
Sir : This is a report on the modification of the Code of Fair
Competition for the Picture Moulding and Picture Frame Industry,
which has been submitted in accordance with Executive Order No.
6678.
This modification enables the Code Authority to incur such reason-
able obligations as are necessary to support the administration of tlie
code and to maintain the standards of fair competition established
by this code. It also enables the Code Authority to submit an item-
ized budget, and an equitable basis upon which the funds necessary
to support such budget shall be contributed by the members of the
industry. Such contributions are made mandatory by this modifi-
cation.
The Deputy Administrator in his final report to me on said modi-
fication of said code having found as herein set forth and on the^
basis of all the proceedings in this matter :
I find that :
(a) The modification of said code and the code as modified are
w^ell designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will i:)rovide for the general
welfare by promoting the organization of industry for the purpose of
cooperative action among trade groups by inducing and maintaining
united action of labor and management under adequate governmental
sanction and supervision, b}' eliminating unfair competitive practices,
by promoting the fullest possible utilization of the ])resent productive
capacity of industries, by avoiding undue restriction of production
(except as ma}^ be temporarily required), by increasing tlie consump-
tion of industrial and agricultural products through increasing pur-
chasing power, by reducing and relieving unemployment, by improv-
ing standards of labor, and by otherwise rehabilitating industr3^
(b) The code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(c) The code empowers the Code Authority to present the afore-
said modification on behalf of tlie industry as a whole.
(d) The modification and the code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(e) The modification and the code as modified are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(416)
417
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
modification.
For these reasons this modification has been approved.
Respectfully,
Hugh S. Johnson,
A dministrator.
August 23, 1934.
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE PICTURE MOULDING AND PICTURE FRAME
INDUSTRY
Modify Article VI, Section 10 " Powers and Duties of the Code
Authority", by deleting Subsections (f) and (g) and substituting
in lieu thereof the following as Section (f), in addition therefor, all
letters for subsequent sections will be revised accordingly:
1. It being found necessary in order to support the administration
of this code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Failure to
make payment thereof, after proper notice, will render a member
of the Industry liable to appropriate legal proceedings. Only mem-
bers of the industry complying with the code and contributing to
the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay obligation sub-
stantially in excess of the amount thereof as estimated in its approved
budget and shall in no event exceed the total amount contained in
the approved budget, except upon approval of the Administrator;
and no subsequent budget shall contain any deficiency item for ex-
penditures in excess of prior budget estimates except those which
the Administrator shall have so approved.
Approved Code No. 208 — Amendment No. 1.
Registry No. 1122-09.
(418)
Approved Code No. 60 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL TRADE
As Approved on August 23, 1934
ORDER
Approving Amendments to Code of Fair Competition tor the
Retail Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the Nationallndustrial
Recovery Act, approved June 16, 1933, for approval of amendments
to the Code of Fair Competition for the Retail Trade, and hearings
having been duly held thereon and the annexed report on said
amendments containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise ; do hereby incorporate by reference said annexed
report and do find that said amendments and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of said
Act, and do hereby order that said amendments be and they are
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended, such approval and such amendments to take effect ten
(10) days from the date hereof, unless good cause to the contrary
is shown to the Administrator before that tin>e and the Adminis-
trator issues a ,subsequent order to that effect.
Hugh S. Johnson,
Ad'ininistrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Division A dminisfrator.
Washington, D.C,
August '23, 193Jk.
8«360 — :J4 17 (419)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: The Hearing on the amendments to the Code of Fair Com-
petition for the Retail Trade was held on May 4, 1934, at the May-
flower Hotel. The amendments, which are attached, were presented
by duly qualified and authorized representatives of the Trade, com-
plying with statutory requirements, such representatives being the
members of the National Retail Code Authority, Inc.
In accordance with the customary procedure, everyone present who
had filed a request for an appearance was freely heard in public,
and all statutory and regulatory requirements were complied with.
The Deputy Administrator in his final report to me on said amend-
ments to said Code having found as herein set forth and on the basis
of all the proceedings in this matter ;
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to the approval of said
Amendments.
For these reasons I have approved said amendments to the Code
of Fair Competition for the Retail Trade.
Respectfully,
Hugh S. Johnson,
Administrator.
August 23, 1934.
(420)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL TRADE
Article II, Section 1 shall be amended to read as follows :
" Section 1. Retail Trade — The term ' Retail Trade ' as used herein
shall mean all selling of merchandise to the consumer and not for
the purposes of resale in any form, and all servicing of such mer-
chandise normally performed in connection with retail selling, in the
continental United States, excluding the Panama Canal Zone. It is
provided, however, that the term shall not include the selling at re-
tail of milk and its products, tobacco and its products, and foods and
foodstuli's, or the dispensing of drugs, medicines, and medical sup-
plies by a physician, dentist, surgeon or veterinarian in the legitimate
practice of his profession; and it is further provided that the term
shall not include any division of retail selling which is now or may
hereafter be governed by a separate Code of Fair Competition ap-
proved by the President of the United States or the Administrator
for Industrial Recovery."
Article V, Section 3 (c) shall be amended to read as follows:
"(c) Any establishment may for a period not to exceed three (3)
consecutive months during the year, temporarily reduce its store
hours but no employee's weekly wages shall be reduced during such
period on account of such reduction of store hours."
Article V, Section 4 (a) shall be amended to read as follows:
"(a) Professional persons, watchmen, guards and store detectives,
outside salesmen and outside collectors — The maximum hours of
labor prescribed in Section 1 of this Article shall not apply to pro-
fessional persons employed and working at their profession, or to
watchmen, guards and store detectives, outside salesmen and outside
collectors ; but watchmen and guards shall not work more than fifty-
six (56) hours in any one w^eek, nor more than thirteen (13) days in
anj' fourteen (14) day period."
Article V. Section 5 shall be amended to read as follows :
" Section 5. Limitation upon number of persons working unre-
stricted hours. — Notwithstanding the provisions of the foregoing
sections of this Article, and regardless of the number of persons
otherwise permitted to work unrestricted hours, the total number of
workers in any establishment (whether such workers are executives,
proprietors, partners, persons not receiving monetary wages, or
others) who shall be permitted to work unrestricted hours shall not
exceed the following ratio, to be computed upon the average number
of employees during the preceding twelve (12) months: In estab-
lishments comprised of twentj^ (20) workers or less the total number
of workers who may work unrestricted hours (not including those
workers specified in Sections 4 (a) and (b) of this Article) shall
not exceed one worker for every five (5) workers or fraction thereof;
in establishments comprised of more than twenty (20) workers the
total number of workers who may work unrestricted hours (not
including those workers specified in Sections 4 (a) and (b) of this
(421)
422
Article) shall not exceed one worker for every five (5) workers for
the first twenty (20) workers and shall not exceed one worker for
every eight (8) workers above twenty (20),"
There shall be added to Article VIII the following Section :
" Section 3. Combination or group sales — In group offerings or
sales of merchandise the selling price of the group shall not be less
than the sum of the minimum selling prices of the individual items
of the groups as determined in accordance with Article VIII, Sec-
tions 1 and 2.
" In group offerings or sales of merchandise, where the selling-
price of one or more items of the group is indicated, the price indi-
cated for each item or items, expressly or by inference, shall not be
less than the minimum price of each item or items, as determined in
accordance with Article VIII, Sections 1 and 2.
" Provided, however, this Section shall not be construed to apply
to the use of bona fide premiums as provided for in Article VIII,
Section 2 (c) of this Code.
" Provided, further, that this Section shall not apply to the sale
of drugs, medicines, cosmetics, toilet preparations, drug sundries
and/or allied items as defined in Schedule A, Section 1."
There shall l)e added to Article IX, Section 1 the following
sub-section :
"(f) No retailer shall sell or offer for sale any merchandise upon
a condition which involves a lottery, gamble, or element of chance,
similar to what is commonly known as a ' Suit Club Plan ', provided,
however, that this sub-section shall not apply to non-profit organi-
zations not definitely constituted to carry on retail trade."
Approved Code No. 60 — Ameodment No. 3.
Registry No. 1625-2-02.
Approved Code No. 109 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
• FOR THE
CRUSHED STONE, SAND AND GRAVEL, AND SLAG
INDUSTRY
As Approved on August 24, 1934
ORDER
Approving Amendment jo Code of Fair Competition for the
Crushed Stone, Sand and Gravel, and Slag Industry
An application havino; been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Crushed Stone, Sand
and Gravel, and Slag Industries, and hearings having been duly
held thereon and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including "^ Executive Order 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment
be and it is hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code
in its entirety as amended, such approval and such amendment to
take effect ten (10) days from the date hereof, unless good cause to
the contrary is shown to the Administrator before that time and
the Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
C. E. Adams.
Div is ion A dminis trator.
Washington, D.C,
August 2 It, 193 If.
(423)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the amendment to the Code of Fair
Competition for the Crushed Stone, Sand and Gravel, and Slag
Industries as approved by you November 10, 1938, This amendment
was submitted June 20, 1934 by the Code Authority for the Crushed
Stone, Sand and Gravel, and Slag Industries, and a public hearing
thereon was conducted July 17, 1934 in Washington, D.C.
The National Crushed Stone Association, Inc., The National Sand
and Gravel Association, Inc., The National Slag Association, the
National Association of Portable Stone, Sand and Gravel Producers,
and the Associated General Contractors of America, Inc., either
participated in the hearing or join with the Code Authority in
sponsoring the amendment.
This amendment was proposed pursuant to Executive Order No.
6678 dated April 14, 1934 and to my Administrative Order No.
X-36, dated May 26, 1934. The amendment has since been revised,
with the assent of the Code Authority, in accordance with sugges-
tions made by the Legal Division.
The primary purpose of the amendment is to govern the collec-
tion of contributions for Code maintenance by the Code Authority
of the Crushed Stone, Sand and Gravel, and Slag Industries, and
by various administrative committees set up under the Code. This
purpose is carried out particularly in Amendment No. 8, which will
make unnecessary the " registered producer " as created in the ap-
proved Code. The other nine amendments are intended to eliminate
various references to " registered producers " and in other ways to
make effective Amendment No. 8.
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
(424)
425
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7, and
sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
A dminis trot or.
August 24, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
CRUSHED STONE, SAND AND GRAVEL, AND SLAG
INDUSTRY
Amendment No. 1
Article II, Section 5 is amended by striking out subsection (d)
thereof.
Amendment No. 2
Article II, Section 9 is amended by striking out the word " regis-
tered " in the second line thereof.
Amendment No. 3
Article VI, Section 4 is amended by striking out subsection (c)
thereof and substituting therefor the following :
" Voting Eligihility. — Any member of the industries as defined in
Article II hereof, or producers in other industries that with the
approval of the President may from time to time be governed by
the provisions of this Code, shall be entitled to participate in and
share the benefits of the activities of the Code Authority and of other
committees established herein and to participate in the selection of
members thereof by complying with the requirements of this Code."
Amendment No. 4
Article VI, Section 4 is amended by striking out the word " regis-
tered " in the first line of subsection (d) thereof.
Amendment No. 5
Article VI, Section 4 is amended by striking out the word " regis-
tered " in the first line of subsection (e) thereof.
Amendment No. 6
Article VI, Section 4 is amended by striking out the word " regis-
tered " in the first line of subsection (f ) thereof.
Amendment No. 7
Article VI, Section 5, Subsection (a) is amended by substituting
a period for the comma following the word " collected " in the third
line of paragraph (5), and striking out the remainder of the
paragraph.
(426)
427
Amendment No. 8
Article VI, Section 5, Subsection (a) is amended by adding the
following thereto :
"(11) Budget and Basis of Confrihuf/'on. — 1. It being found neces-
sary in order to support the administration of this Code and to
maintain the standards of fair competition established hereunder and
to effectuate the policy of the Act, the Code Authority is authorized:
'•(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the jnirposes of the Code ;
"(b) To submit to the Administrator for his approval, subject to
such notice and oi^portunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes; (2) itemized budgets of the estimated expenses of regional,
state, district and division committees for the foregoing purposes;
(3) an equitable basis of contribution upon which the funds neces-
sary to support the budget of the Code Authority shall be contributed
by all members of the Industries ; and (4) equitable bases of contribu-
tion upon which the funds necessary to support the budgets of
regional, state, district, and division committees may be contributed
by all members of the Industries in such regions, states, districts, and
divisions, respectively; all such bases of contribution shall be estab-
lished by the Code Authority.
"(c) After such budget and bases of contribution have been
approved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industries, and
to that end, if necessary, to institute legal proceedings therefor in its
own name.
" 2. Each member of the Industries shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority and of other committees established under the Code, deter-
mined as hereinabove provided, and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the Industries complying with the Code and contributing to the ex-
penses of its administration as hereinabove provided, unless duly
exempted from making such contributions, shall be entitled to par-
ticipate in the selection of members of the Code Authorit}^ and of
other committees established under the Code, or to receive the benefits
of any of its voluntary activities or to make use of an}'^ emblem or
insignia of the National Recovery Administration.
" 3. The Code Authority and any committee established under the
Code shall neither incur nor pay any obligation substantially in ex-
cess of the amount thereof as estimated in its approved budget, and
shall in no event exceed the total amount contained in the approved
budget except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Adminis-
trator shall have so approved."
428
Amendment No. 9
Article VI, Section 6 is amended by striking out the second para-
graph of subsection (b) thereof and substituting therefor the
following :
"The regional committee shall maintain the authoritative list of
producers in each region who are compljdng with all provisions of
the Code. The regional committee shall not continue the name of
any producer on the list who has failed to pay his equitable contribu-
tion as determined by the Code Authority in accordance with the
provisions of the Code."
Amendment No. 10
Article VI, Section 7 is amended by striking oat subsection (b)
thereof and substituting therefor the following:
" PToducers. — Each producer shall be entitled to one vote, except
as otherwise provided in this Section; provided any such producer
who within one year prior to the effective date has sold and shipped
the products of any or all the industries governed by this Code may
vote individually and separately as a member of any or all such
industries."
Amendment No. 11
Article VI, Section 7 is amended by striking out the word " regis-
tered " as it appears in the sixth, eleventh, fourteenth, and in the
twenty-ninth lines of subsection (c) thereof, and by adding the fol-
lowing as the last sentence of this subsection : " Only those pro-
ducers complying with the Code shall be eligible to vote."
Amendment No. 12
Article VI, Section 7 is amended by adding the following as the
last sentence of subsection (d) thereof: "Only those marketers
complying with the Code shall be eligible to vote."
Amendment No. 13
Article VI, Section 7 is amended by striking out the word " regis-
tered " in the fifth line of subsection (e) thereof and by adding the
following as the last sentence of this subsection : " Only those pro-
ducers complying with the Code shall be eligible to vote."
Amendment No. 14
Article VI is amended by striking out Section 10.
Amendment No. 15
Article VII, Section 5 is amended by striking out the word " regis-
tered " as it appears in the fifteenth, twenty-first, and in the twenty-
third lines of subsection (a) thereof.
Approved Code No. 109 — Amendment No. 1.
Registry No. 1037-1-01.
Approved Code No. 206 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FELDSPAR INDUSTRY
» As Approved on August 2A, 1934
ORDER
ArpR()ViN({ A3iENr<:\rE>rT to Code or Fair Competition for the
Feldspar Industry
An application having; been dnly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recoveiy Act, approved June 16, 1933, for the approval of an amend-
ment to a Code of Fair Competition for the Feldspar Industry, and
NOTICE OF OPPORTUNITY TO BE HEARD, Administrative
Order 206-5, dated June 26, 1934, having been published and no ob-
jection having been filed as provided in said published notice, and the
annexed re])ort on said amendment containing findings with respect
tliereto, havina* been made and directed to the President.
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson. Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6o'43-A, dated December 30, 1933,
and otlierwise. do hereby incorporate by reference, said annexed
report and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent provi-
sions and will promote the policy and purposes of said Title of said
Act. and do hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
modified to include an approval of said Code in its entirety as
amended, such approval and such amendment to take effect ten (10)
days from the date hereof, unless good cause to the contrary is shown
to the Administrator before that time and the Administrator issues
a subsequent order to that effect.
Hugh S. Johnson,
Admhufitrafor for Indvstrud Recovery.
Ap])roval recommended :
C. E. Adams,
Divisional Administrator.
Washington, D.C,
Augmt 21^, 193 1^.
(429)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act, for an Amendment to the Code of Fair Competition for the
Feldspar Industry, submitted by the Code Authority for the said
Industry.
The existint^ provision of Article V, Section 5 (d) of the Code
for the said Industry, is entirely inadequate in view of Executive
Order 6678 and Administrative Order X-36, and it is therefore
evident that the proposed amendment to Article V of said Code,
the provisions of which follow closely the text of the above men-
tioned Orders, will overcome the existino- inadequate provisions.
FINDINGS
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title 1 of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of coo]:)erative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
•(d) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(430)
431
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 24, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
FELDSPAR INDUSTRY
Section 5 (e) of Article V shall be designated as Section 5 (g)
and Section 5 (d) of Article V shall be stricken from the Code of
Fair Competition for the Feldspar Industry and the following in-
serted in lieu thereof :
(d) It being found necessary in order to support the administra-
tion of this^ code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and wdiich
shall be held in trust for the purposes of the Code ;
(a) To submit to the Administrator for his' approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of the industry, and to
that end, if necessary, to institute legal proceedings therefor in its
own name.
(e) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued hj the Administrator. Only
members of the industrj'^ complying with the code and contributing
to the expenses of its administration as hereinabove provided, (unless
duly exempted from making such contributions), shall be entitled
to participate in the selection of members of the Code Authority
or to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
(f ) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Admin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimate except those
which the Administrator shall have so approved.
Approved Code No. 20U — Amendment No. 1.
Registry No. 1012-1-02.
(432)
Approved Code No. 261 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FOUNDRY SUPPLY INDUSTRY
As Approved on August 23, 1934
ORDER
Approving Amexdmext to Code or Fair Competition for the
Foundry Supply Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Foundry Supply Indus-
try, and an opportunity to be heard having been dulj?^ afforded all
interested parties, and the annexed report on said amendment con-
taining findings with respect thereto, having been made and directed
to the President :
XOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me b}^ Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise, do hereby incorporate, by reference, said an-
nexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment be
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended.
Hugh S. Johnson,
Ad mini str at or for Industrial Recovery.
Approval recommended.
Barton W. Murray,
D iv is io n A dminis t rat or.
Washington. D.C,
Angnst iU, 1934.
(433)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the amendment to the Code of Fair
Competition for the Foundry Suj^ply Industry, and an opportunity
to be heard was afforded all interested parties. This amendment,
which is attached, was presented by the Code Authority.
The Code of Fair Competition for the Foundry Supply Industry
provides in Article IX, Section 2, that :
" This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Administrator
and such notice of hearing as he shall specify, and to become effective
on approval of the Administrator."
This amendment provides that sub-paragraphs (b) and (c), and
the last sentence of sub-paragraph (j), of Section 2 of Article VI
be deleted and the insertion of certain provisions to facilitate the
collection from each member of the Industry of his or its equitable
contribution of the expenses of the maintenance of the Code Au-
thority subject to such rules and regulations pertaining thereto
issued by the Administration.
FINDINGS
The Assistant Deputy Administrator in his final report to me
on said amendment to said Code having found as herein set forth
and on the basis of all the proceedings in this matter :
I find that:
(a) The amendment to said Code and the Code as amended
are well designed to promote the policies and purposes of Title I
of the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare b}^ promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
(434)
435
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of tlie Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, I have approved this amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 24, 1934.
86360—34 18
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FOUNDRY SUPPLY INDUSTRY
Amend Article VI, Section 2, by deleting the last sentence of sub-
paragraph (j) ; and further amend Article VI, Section 2, by delet-
ing subparagraphs (b) and (c) and substituting in lieu thereof
the following:
(b) It being found necessary in order to support the administra-
tion of this code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
1. To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code.
2. To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(a) an itemized budget of its estimated expenses for the foregoing
purposes, and (b) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry ;
3. After such budget and basis of contribution have been approved
by the Administrator, to determine and obtain equitable contribution
as above set forth by all members of the industry and to that end,
if necessary, to institute legal proceedings therefor in its own name.
4. Each member of the industry shall pay his or its equitable
contribution to the expense of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Onl>
members of the industry complying with the Code and contributing
to the expenses of its administration as hereinabove ]n-ovided. un-
less duly exempted from making such contributions, shall be en-
titled to participate in the selection of members of the Code Author-
ity or to receive the benefits of any of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget; and shall in no event exceed the total amount
contained in the approved budget except upon approval of tht-
Administrator ; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 261 — Amendment No. 1.
Registry No. 1112-01.
(436) t
Approved Code No. 79 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
NOVELTY CURTAINS, DRAPERIES, BEDSPREADS
AND NOVELTY PILLOWS INDUSTRY
As Approved on August 24, 1934
ORDER
Approving Modification of Code of Faik Competition for the
XovELTY CuirrAiNS, Draperies, Bedspreads and Novelty Pillows
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 19i33, for approval of a modifica-
tion of a Code of Fair Competition for the Novelty Curtains,
Draperies, Bedspreads and Novelty Pillows Industry, and an oppor-
tunity to file objections thereon having been given and the annexed
report on said modification, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A. dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said moclification and the Code as
constituted after being modified comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said modification
be and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Robert L. Houston,
Division Adwinisttator.
AVashington. D.C.
August 2If, WSJf.
(4.S7)
REPORT TO THE PRESIDENT
The President,
The White Home.
Sir: This is a report on the Hearing on an amendment to the
Code of Fair Competition for the Novelty Curtains, Draperies,
Bedspreads and Novelty Pillows Industry, held in Room 2062,
Department of Commerce Building, on May 31, 1934. The amend-
ment, which is attached, was presented by the Domestic Decorative
Linens Association, Inc., said to represent more tlian 80% by vol-
ume of production and 60% by number of concerns in the Domestic
Decorative Linen Industry.
In accordance with customary procedure, every person who had
filed a request for an appearance was freely heard in public, and
all statutory and regulatory requirements were complied with.
This amendment brings within the definition of the Code the
Domestic Decorative Linens Industry. The Industry comprises
approximately thirty-five (35) concerns having an investment in
1933 of $1,100,000. "in 1929 the Industry provided employment for
2,200 workers. This figure had declined to 1,750 employees in 1933
before the President's Reemplojanent Agreement and approximately
1,800 emploj^ees after the President's Reemployment Agreement.
Aggregate annual sales fell from $6,250,000 in 1928 to $4,750,000 in
1931. Sales for the year 1933 increased to about $5,500,000.
According to the testimony at the Hearing ther£ are a number of
concerns in the Industry paying as low as $9.00 a week for forty
(40) hours of work. The minimum wage under the Code is $.325
per hour or $13.00 per week. It is claimed that the effect of coming
under this Code will be to increase employment by approximately
300 workers.
The amendment, besides changing the definition of the Industry
to include domestic decorative linens, sets up a Committee to admin-
ister the fair trade practice provisions for this branch of the
Industry and includes two additional fair trade practices to apply
only to domestic decorative linens manufacturers. .
FINDINGS
The Deputy Administrator in his final report to me on said
amendment to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that :.
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
(438)
439
welfare by promoting tlie organization of industry for the purpose
of comparative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
])etitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and hj other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7 and Sub-
section (b) of Section 10 thereof.
(c) The applicant association is an industrial association truly
representative of the aforesaid Domestic Decorative Linens Industry
and said association imposes no inequitable restrictions on admission
to membership therein. The Code empowers the Code Authority
to assent to the aforesaid amendment on behalf of the Industry as
a whole.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For the above reasons this amendment has been approved by me.
Respectfully,
Hugh S. Johnson,
AdTninistrator.
August 24, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE NOVELTY CURTAINS, DRAPERIES, BEDSPREADS
AND NOVELTY PILLOWS INDUSTRY
Section I of Article II shall be amended by adding :
" The term ' Industry ' shall also include a Domestic Decorative
Linens Branch. The term ' Domestic Decorative Linens Branch '
of the Novelty Curtains, Draperies, Bedspreads and Novelty Pillows
Industry as used herein means and includes the manufacture of
domestic decorative linens which are defined as table covers, scarfs
and doilies used for the decoration of the home, and the using or
hiring of equipment or the engaging or hiring of anyone owning
or hiring equipment to perform the operation of making chiefly
or wholly of piece goods, nets, netting, laces and embroideries into
domestic decorative linens (made by cutting apart and/or sewing
together out of the same materials, or out of the same materials in
combination with other materials employing plain or fancy stitch-
ing, embroideries, laces, or appliques in conjunction therewith). The
term ' Industry ' does not include the weaving of fabrics and/or
laces,"
Article V shall be amended by adding Section 9 :
" 9. The doing of work or the performance of labor on any product
of the Domestic Decorative Linens Branch of the Industry in the
home of a worker shall be prohibited."
Paragraph 1, Section 1 of Article VI shall be amended to read
as follows :
" To further effectuate the policy of the Act a Code Authority is
hereby designated to cooperate with the Administrator in the Admin-
tration of this Code. The Code Authority shall consist of the Board
of Directors of the Association and one representative of the Domes-
tic Decorative Linens Branch elected bj^ the Domestic Decorative
Linens Association, Inc., and such additional representatives of the
Industry as shall be selected by a fair method of selection to be
approved by the Administrator, or as the Administrator shall pre-
scribe ; and up to three advisory members without vote who may be
appointed by the Administrator."
Paragraph 4, Section 1 of Article VI shall be amended to read
as follows :
'' In order that the Code Authority and the Domestic Decorative
Linens Committee shall at all times be truly representative of the
Industry and in other respects comply with the provisions of the Act,
the Administrator may provide such hearings as he may deem
proper ; and thereafter if he shall find that the Code Authority or the
Domestic Decorative Linens Committee is not truly representative or
does not in other respects comply with the provisions of the Act, may
require an appropriate modification in the method of selection of the
Code Authority and/or the Domestic Decorative Linens Committee."
(440)
441
Section 2 of Article VI shall be amended by adding Sub-section
"(d) For the purpose of administering the fair trade practice
provisions of the Code relating to the Domestic Decorative Linens
Branch, the members of the Domestic Decorative Linens Branch of
the Industry shall elect a Domestic Decorative Linens Committee.
The members of the Domestic Decorative Linens Committee shall be
elected in a manner approved by the Administrator, and need not be
members of the Code Authority. The Administrator may appoint
up to three representatives without vote to serve on this committee."
Section lo of Article YII shall be amended by adding :
*• This provision shall not apply to the Domestic Decorative Linens
Branch of the Industry."
Article XII shall be added :
" The following practices constitute unfair methods of competition
for members of the Domestic Decorative Linens Branch of the In-
dustry and are prohibited:
" 1. Variance of more than three per cent (3% ) in either width
oi- length from sizes marked on Domestic Decorative Linens.
" 2. (a) Selling or offering to sell any article on the condition, ex-
press or implied in fact, that the purchaser buy another article or
articles ;
"(b) Selling or offering to sell several articles in group or com-
bination at a single lot or group price, except articles which are com-
monly sold in sets or ensemble, unless the price of each unit in the
group or combination be stated to the purchaser."
Approved Code No. 79— Amendment No. 2.
Registry No. 220-1-06.
Approved Code No. 169 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR
SAVINGS, BUILDING AND LOAN ASSOCIATIONS
As Approved on August 24, 1934
ORDER
Approving Amendment to Code of Fair Competition for Savings,
Building and Loan Associations
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Recovery
Act, approved June 16, 1933, for approval of an amendment to the
Code of Fair Competition for the Savings, Building and Loan
Associations, and ample opportunity to file criticisms of, objections
to, or suggestions concerning said amendment having been given,
and the annexed report on the said amendment, containing findings
with respect thereto having been made and directed to the
NOW. THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment be
and it is hereby approved and that the previous approval of said
Code is hereby modified to include an approval of said Code in its
entirety as amended, such approval and such amendment to take
effect fifteen days from the date hereof, unless good cause to the
contrary is shown to the Administrator before that date and the
Administrator issues a subsequent order to that effect.
Hugh S. Johnson,
Admimhtrator for Industrial Recovery.
Approval recommended :
C. E. Adams,
Division Adininistrator.
Washington, D.C,
August 2Jf, 193Jf.
(443)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been dul}' made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for an amendment to the Code of Fair Competition for the
Savings, Building and Loan Associations, submitted by the Code
Authority for said Code.
The purpose and effect of the amendment are to authorize the
Code Authority to submit a budget and method of assessment upon
which funds shall be contributed by Associations subject to the Code.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
I find that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue
restrictions of production (except as may be temporarily required)
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Savings, Building and Loan
Associations subject to the Code.
(d) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Amendment.
For these reasons, therefore, I have approved this Amendment.
Respectfully,
Hugh S. Johnson,
Administrator.
August 24, 1934.
(444)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
SAVINGS, BUILDING AND LOAN ASSOCIATIONS
Section 4 of Article VI shall be deleted and the following shall
be added to Article VI :
(4) It being found necessary in order to support the Administra-
tion of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the polic}- of the Act, the
Code Authorit}' is authorized :
(a) To incur such reasonable obligation,s as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the code ;
(b) To submit to the Administrator for his approval subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by the associations ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all such associations, and to that end,
if necessary to institute legal proceedings therefor in its own name.
(5) Each association shall pay its equitable contribution to the
expenses of the maintenance of the Code Authority, determined as
hereinabove provided and subject to rules and regulations pertain-
ing thereto issued by the Administrator. Only associations com-
plying with the Code and contributing to the expenses of its admin-
istration as hereinabove provided (unless duly exempted from mak-
ing such contributions), shall be entitled to participate in the selec-
tion of members of the Code Authority or to receive the benefits of
any of its vohmtarj^ activities, or to make use of any emblem or
insignia of the National Recovery Administration.
(6) The Code Authority shall* neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 169 — Amendment No. 1.
Registry No. 1712-02.
(445)
Approved Code No. 274 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SAW AND STEEL PRODUCTS MANUFACTURING
INDUSTRY
As Approved on August 24, 1934
ORDER
Approving Modificatiojs of Code of Fair Competition for the Saw
AND 8teel Products Manufacturing Industry
An application having; been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Industrial
Recoveiy Act, approved June 16, 1933, for the approval of a modi-
fication to a Code of Fair Competition for the Saw and Steel Prod-
ucts Manufacturing Industrj^, and opportunity to be heard thereon
having been duly noticed and the annexed report on said modifica-
tion, containing findings with respect thereto, having been made and
directed to the President '
NOW, THEREFORE^ on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference said an-
nexed report and do find that said modification and the Code as con-
stituted after being modified comply in all respects with the perti-
nent provisions and Avill promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be and
it is hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety as
modified, such approval and such modification to take effect ten (10)
daj^s from the date hereof, unless good cause to the contrary is shown
to the Administrator before that time and the Administrator issues a
subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended :
Barton "VV. Murray,
Divislmi Administrator.
Washington, D.C,
August 2Jf, 19Sk.
(447)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Modification of the Code of Fair
Competition for the Saw and Steel Products Manufacturing Indus-
try to incorporate the principles contained in Executive Order of
April 14, 1934 relating to collection of expenses of Code Administra-
tion. This Modification was proposed in accordance with Article
IX of the Code as approved February 10, 1934, and Notice of
Opportunity to be Heard was given from July 10 to July 25, 1934.
FINDINGS
The Deputy Administrator in his final report to me on said
Modification to said Code having found as herein set forth and on
the basis of all the proceedings in this matter :
I find that:
(a) The Modification to said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacit}^ of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricultural
products through increasing purchasing power, by reducing and
relieving unemplo^mient, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Modification and the Code as modified are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Modification and the Code as modified are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Modification.
For these reasons, these modifications have been approved by me ;
subject, however, to a ten day waiting period as provided in the
Order of Approval.
Respectfully,
Hugh S. Johnson,
AclDiinisti'ator.
August 24, 1934.
(448)
MODIFICATION OF CODE OF FAIR COMPETITION FOR
THE SAW AND STEEL PRODUCTS MANUFACTURING
INDUSTRY
Purpose
Pursuant to Article IX of the Code of Fair Competition for the
Saw and Steel Products Manufacturing? Industry, duly approved
by the Administrator on February 10, 1934, and further to effectuate
the policies of Title I of the National Industrial Recovery Act, the
followino; modification is established as a part of said Code of Fair
Competition and shall be binding upon every member of the Saw and
Steel Products Manufacturing Industry.
Modification
Delete Section 6 of Article VIII, and substitute in lieu thereof
the following:
Section 6 (1). It being found necessary in order to support the
administration of this code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
industry :
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
(2) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the industry complying with the code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(3) The Code Authority shall neither incur nor pay any obliga-
tions substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed the total amount
(449)
450
contained in the approved budget, except upon approval of the
Administrator ; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 274 — Amendment No. 2.
Registry No. 1108-1-02.
Approved Code No. 82 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
STEEL CASTING INDUSTRY
As Approved on August 24, 1934
ORDER
Approving Amendment to the Code of Fair Competition for the
Steel Casting Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment, to a Code of Fair Competition for the Steel Casting Industry,
and hearings having been duly held thereon and the annexed report
on said amendment containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed re-
port and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended, such approval and such amendment to take effect fif-
teen (15) days from the date hereof, unless good cause to the con-
trary is shown to the Administrator before that time and the Admin-
istrator issues a subsequent order to that effect.
Hugh S. Johnson,
Administrator for Industrial Recovery^
Approval recommended:
Barton W. Murray,
Division Administrator.
Washington, D.C.,
August 24, 19S4.
86360—34 19 (451)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on amendments to the Code of Fair Competi-
tion for the Steel Casting Industry, a public hearing having been
duly held thereon in Washington, D.C., on June 14, 1934, in accord-
ance with the provisions of the National Industrial Recovery Act.
The Code of Fair Competition for the Steel Casting Industry was
approved by your Order dated November 2, 1933, and amended by
my Order of August 3, 1934.
The first amendment provides that no agency or subdivision shall
sell, or offer to sell, any product at a price lower than the price filed
by a member of such agency or subdivision.
" The second amendment provides for the addition of several unfair
trade practices to Schedule D of the approved Code relating only to
Miscellaneous Castings.
FINDINGS
The Assistant Deputy Administrator in his final report to me on
said amendments to said Code having found as herein set forth and
on the basis of all the proceedings in this matter :
I find that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting' the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(452)
453
(e) The amendments and the Code as amended are not designed
'to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
. amendments.
For these reasons, therefore, I have approved these amendments.
Eespectfully,
Hugh S. Johnson,
Administrator.
-August 24, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE'
STEEL CASTING INDUSTRY
Amendment V
Article VII, Section 3 is hereby amencled to read as follows :
" If the agency of any subdivision or product classification so-
decides, no member of the Industry within such subdivision or prod-
uct classification shall sell or offer for sale, directly or indirectly, by
any means whatsoever, any product of the Industry included within
a subdivision or product classification for which the agency shall
have given notice requiring the filing of price lists, at a price less
than the price shown for such product in the list filed by such
member."
Amendment VI
Add the following new Sections to Schedule D of said Code :
" Section 8. Furnish pattern equipment or alterations thereof at
less than the actual cost of production; provided, however, that if
the patterns are and remain the property of the foundry producing:
them, it shall not be construed as a violation of this provision for
such foundry to absorb the cost of patterns or alterations thereof
in the case of Miscellaneous Railway Car Castings when ordered
in quantities of 500 or more pieces from one pattern at one time."
" Section 9. Absorb the cost of any insurance that may be carried
to protect customers' patterns against fire and/or the elements."
" Section 10. Accept responsibility, where there is no liability, for-
consequential, special or contingent damages, or offer to do more
than replace castings rejected due to defective workmanship and/or"
materials."
" Section 11. Absorb any inspection charges incident to inspection
b^^ outside individuals or agents performed at the request of the-
customer."
" Section 12. Quote or communicate to customers, directly or in-
directly, a price before the effective date thereof permissible under
Article VII of the Code."
Approved Code No. 82 — Amendment No. 2.
Registry No. 1106-1-01.
(454)
Approved Code No. 19 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WALL PAPER MANUFACTURING INDUSTRY
As Approved on August 24, 1934
ORDER
Appkoving Amendment to the Code of Fair Competition foe the
Wall Paper Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Wall Paper Manu-
facturing Industry, and due notice and opportunity to be heard
having been given thereon and the annexed report on such modifi-
cation, containing findings with respect thereto, having been made
and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States. I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6548-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said
annexed report, and do find that said modification and the Code as
constituted after being modified comply in all respects with the per-
tinent provisions and will promote the policy and purpo3es of said
Title of said Act, and do hereby order that said modification be and
it is hereby approved, and that the previous approval of said Code
-is hereby modified to include an approval of said Code in its entirety
•as modified.
Hugh S. Johnson,
Administrator for Industrial Recovery.
Approval recommended:
Geo. L. Berry,
Division Administrator.
Washington, D.C,
August 2%, 193^.
(455)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an amendment to the Code of Fair Gbmpe--
tition for the Wall Paper Manufacturing Industry, which was-
approved by j^ou on September 7, 1933.
The effect of this amendment will allow members of the Industry
to sell products of the Industry below cost for the purpose of meeting,
competitive prices, which competitive prices themselves do not vio-
late the provision of the Code, prohibiting the sale below cost.
The Deputy Administrator in his final report to me on said modi--
fication of said Code having found as herein set forth and on the-
basis of all the proceedings in the matter:
I find that :
(a) The modification of said Code and the Code as modified are
well designed to promote the policies and purposes of Title I of."
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of Industry for
the purpose of cooperative action of labor and management under
adequate Governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the. fullest possible
utilization of the present productive capacity of Industries, by
avoiding undue restriction of production (except as may be tem^
porarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating Industry.
(b) The Code as modified complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita>
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to propose this
amendment on behalf of the Industry as a whole.
(d) The modification and the Code as modified are not designed'
to and will not permit monopolies 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
E s
5 >>
.2S
03 s: <u
o « >
® 03 O P
e .
°^ ft
E-IQ3
a a .
C3 03 ;>^
.K
s .i g g §
< W m cfj O
«5
=3.2
I M i^ ^ ^
^' O » Oi ®
a'S.&'i'i.;
g g a c c s
o p ® oj a> o
i3i3 c c a o
m K s ■-;: 'XS ft o
S a c a cS S
I-. M O O Ck^ a!
S 2
ox)
OH
~ OH?
w^ o £ 2
oj.S 3 o o
O is in O C
c5 ox:x:
50 22
"oh o 3
^CJ
s o
Me
^ X3 TJ .^ -^
"3 "3 ■'^ -'^ rt 1=1
^ g be bO a C3
QfiBHoo
3 3
bi'tjb fl O
'S'ft'c.'ft'H. ^■j^^'p-^'o.'o.'o.^ •^^•x^'p^'p' ft a ft & ft ft ^^^^^^^^-^
» o o o CO aftftto ftco to «p c.Q.c.aco 'offfff^"? na'ft'ft'a'ft'n'a
86360 — 34-
< c
—35
ft ^
Q P^
cm
700
u
.22 S . 05 c3 "K iS .23 o
Q
as
Ei2
K o
wo
3f^
5
.2 S
So
oi M 3
Jj3(^
ID o 03 • 03 O
P^fePQOO<Jtf
rt
tsffl
73 D 3
bO/^ ^"1 .2: !^
3- &'■?-
tf 2 J?0 «
,. (C aj >j o
n --^ Qip^ 3
a 3
•3 13 j2H 'O (U g '—
fe 6m (i< O m Q
^13 3 o o o o
F-^ '^ P^ '-3
3 C3 3 03
03.2 "3«
3 03 3 o3
■30
=33:
p<1
Q2
3„ 3
tf 2^
>>>> >, >> >i ft a >i >>
ft'ft "ftft a =0 <f aa
ft a!>i >»
24.
O4 Q, Cl. O.
-?t< CD Tt* (D
&« Q. P. O4 S=^ C*
•^ ■^ O ^ ^ CO
701
O M Q 04 S
O
oW
2o.s
3 Q
» 03
.C -^
og
■o »
.03 .'^
— . n — ^ 1
m , M IS B >> 13
O 2^ ^ T^ T3 -t^ 03
.^ ^- .S Q^ fl- '3 £2
— —a)
CO
e« m
5So
■CT3
^- C O
C C ^ S CB 03
tec o S aa
C3 03 s 3 o o
■goo
^ q; 0) o
£WKo
a
.2 g aS:
p
*^ o ^
Hog
-S.S —
03m
*> r/i" 1^ 'a
O !S » S
5||qpl
fe-- o c
3 ® «
C3 -i^-iJ
??J g EcC' 5J-r 9.^
^^^ '.^ \£? 1x2 '^ 'ih^^
>> >-}^>->> >-''Bi &"& ft
p5kSo«
"a acp «= == 'a'5. a'a £."2,^ f ~f T
.ii i-" —' ^ ^
t- eq p W S
O O
W 5 £
702
u
"S 3 ^4
o
o
(B
O
'o'
Ph
S
■5
H
t>i
PQ
■^
<S1
W
K
txl
rO
II
W
SO
KK 3 S
■SsJ3 2
?£ £.2
",2 ■
.5 S
wWcoffi
m ffl 3
few's
as
5-3 g
3 03 <)
o ofc-'
dp
sa
£ be
S O (5 m R W 6 cc fii f
! o^'S S o H-
p.n'S'S'S.^.
CO CO O CD CC Q,
I I I I I
T« -<*< **• -" -^ CO
CO
H
P>
fe o o o
wQO
, 3 P 1-
fto o —
9 ftO,.P
6 3 P.H
OQQrt
OS
>.>>>>>>>>>, U'S ft >. >.'o. >. >ra'a. >. >.'o. >> >.'E_>.'2, no. p.
aft a ftaftftf «= na^ aaop ^f a a=f a a=o a Y T ? T
r}.Trco'a^OTj.co-cr*^'<*'cC'^-^-.ir'^"*-^co'<t*'<**0'.?^cO'^-^'^'^
^. ss
703
0,0.
S 3
aa-t
339
S3S
00^
bciil b^ B^
a i- g tj S fe
0 =
0 Q
a c
■3W
CO
II
3 3
i-)i-l
OmW
a a
a a
to
>> i
>>
3 '
,2
>>
0 1
3 1
2
a
■2
3 '
0
■o^
0 (.
a '
u
W.3
i-i.
=eO
0 :
bog S S ^
■3 3-StoS
^2S
enw
3--
c3 c: ce a
»-< (-1 tH O
u ^ u ^
3 3 3 cs
tjij ti3 !
oi a; o J
h5.S
-c-o
.S 3 M.b •a
' c <« o
1> o
3o3
i-1 an
co'C §
IGdoOfe
_:CI
3 3 3-g
ID
X
3
3 «>
» 03
OS
.2 8
ja o
PhO
o. ft'a a >>>.>> 0. 0. ft >>'a >>'3.'S'p.'3, >>>>!>. >i'S.
tip. to to CO ftaaof to«o'S=='D.»oo'oto a'aaa^ip
^^TjHTf<Tt*tOtO-^T}<^t0^t0^tD'^-^tO'^tO^':t*
a a aao.'S. >>'S.'S.'3. o.'S >>
to to to to CO to "a to to to to to 'a
I I I I I I L L I L L
a>>D.>»ci.>>>>iCi.>>>>ei.f»>>>
to ato ato aaop p.'S.^' o.'S
TTTl^^tO^Tf^tO^^tO^^tO
;a i-s.
704
Q
O
O
CL,
3
-a
H
K
!>>
CQ
>
w
II
w
CO
5-
Q
Pit:
5(2 ^
»•- 6i'
C3
o.tix: °
OhJOm
_ j55o
■O-O OOP
•j;; '^ fc- t- t-i
i2 >£ «s «
*> * OT tc M
t> > 0^ Q^ OI
£§S£i
^O
t> >
"sow
■♦-5 t_j W W ,'-' l-~^ L_l O (U t-< fl
>> >.3. >> >> ft a_>>_>j ft a ft a ft^^^_>> >>^^
ftC. Y ftftop «p ftfttc ^f =f f ^ ftftftftft p. o,
3S
705
o'
Q
s
hJ
<o
-<s
«
"^
w
w
«>
a
s
w
s~
S
s
o
wed
05
mm
a o «
moP
P
P |W
p^ aoPmM^p;,^^--^
^P[V]U''3'3 9m g'5- =3
ppii,feOOOW52oPLiPL,rta5«McomMWMM
oO"2
3-:5 o P
S3 0.21
omOhjm
g g.2.W -a
a fl >3 fl b. >
03 03
033
£ S 3 3
.9 Sww
PHWmm
6))°<S hU'^ tiC°3 M
fL,&H|a,fHP-i6-im
706
o
•5 s
S Q
o» P
s
ni * !»
SI s bo . !-• d ^ uXj 1
• Stj 9 te^^ 2 u:^ o p q 3 S ® ocy^ J
P3fflMcqQOOMMiJggOPHpHPH«Mw?
CO
QnPta
^"0
llsisll'ilg'aar'sfefe^
QQ(i<fj^OtnSrtp:OPHPHMccit»coW
a
OmPh
o
CO.
o o
o o
_pq
tii°3 be
(IhE-iPh
707
Q 03 o
^ .'S a • u^ ii ■ ^ ■
fl SL'^-d « « a a °i^s S-E 8 Sfl2 83
>g t; c3 o (fl
_p § S o 2
Oh^
._ a
•£•2 a
I C3 ».2?o
<)PQWP5PQ
— ' =3.9
d 5 o g.'S^^
Oui3JaXJOI3^t-72iO^C
ag.sg=
*-" Sfl'S'? & 03X3
na3-3 08 "3-9 'C-^ w ^
a >
■25
?j3 o D S <» 03 7^ oi
56S
o
;:; § ® s ;
«.9fi3£
§■0 2''- b
Eh fL, e^i
3 -I
708
o
<^
^
3
P
aj
>.
#^
o
«?.'
W
a
►^ o
a>
3
o
^^
3
>:
S^ J
O
ii
lenn Specia
)hnson's.
iberty.
ed Bird.
"3
a
COS
. o
W g
a a>^-
Q
i
g
03
irproof.
U American
. I. D.
uplex.
astern,
em.
lobe,
old.
oodwear.
oil and.
eller's.
1 Salle.
QQO^
H5tf«tfl3p;S
>
<J<<<iOHOOOC3WWiJ
t:
1
m
«
ft
3
>.
>>
-s
o
3
t>
K
O
Q
2
a
s
s
>.
W
a
«^
■<
Mustang.
Red Top.
Star Heav
Stenger.
ad
a g
23
Warrior.
Win-all.
Wright.
Thorofare
Denman I
American.
American
a
ga
11 1
<1P Q
a
■o
<
a
a>
3
i
3
£
1
a
aJ
P3
a
03
0
1^
o
(
w
a
<o
*^
15
•a
P
Q
3
Si
.go
.2 3
c
c
C
<s
o
J3
£
c
a
a
g
1e
i
e
e
o
:§QQQ
a
1-
i
c
f:
(1
1
Pm
<
a
<
>'
X.
3
•3
o
"s
t-t
a>
C
"i
P
1
. 0
Q
a
Is
C
a
"Ss
a-s
a
p:^
c
S
Q
B
ff
>H
u
P5
•a
1
S
'
=3
g
•g
3
^
3
iH
cs
CS
^
H
fin
Ph
H
a
a
O
3
1
1
1 1
3 3
O
a
0
Q
0
709
^ ^ ca t*.'^ g «^
^ b> "" - C8 "-'
i K- o— » a o
« a; ■>-i'P > g c,
710
o
fl ^ Q
13
o
O
^Q
o-
H
-s?
>>
00
IS
a
(^
II
W
^a
Q
W
o c —
S»5o
T3 TS'O
CD oj a:>
OS'S « fli
ooa--'T:rz>o<oaiO
n d "- 9 •
£ g » 01 w
- .^H "^ (— '*' uj "^ ■*^ oS tdO
SKtn „
-^ Oj C3 O
f^t^ >
H a
'S'S
Ah£-i P4
711
.2C»»a. coco .iJ(>3*5oo' ^^ ^^^
PS 2
g g S o"^ Spm ^ •■
Q.©t-05tu — t^c*
C3 O
oo
C3 O
CO
o o
73X3
tjin g
a a a c a a-c"^ E a
e3 S5-^PS
w
ac3ao!p.c3p.iScs"^"-'t!
g OJ pCD g"© 5'<E a)3r:i3
>. §3 oj 3 ^-P^-
>>3 ^ s S >>
® 3 CB33 — >i>
« a;
;2 i *<) a
•=3 S^ a»3 S=3 gi=y S
E-l fl^HCCE^&nHcCf^CL,
Cd S P n c;
712
o
o
O"
(3
X
II
w
i»
p
H
o
.fe.aT3a&-:
' ^ aj ~
» << ^ .ti w
„ as 5 a S.-"l §■£ g'S-^-c a. a S 2 o £ 2d S i^D«.a g
f-H Qj (D g -^
§ ^ (5 O P5 M c
o
.2 =3 '
o S > "S 1=1
« '^ "a
t- t- ►>, C3 <»
£W
^' s
ss
713
.^ — ■a
C3.S<!
~ Eo-o
fflO
<0 O B
J<1 O
i ri;^ ffl a
c aj oj © 0-3 g S o t. g o o o i: cc.S o^^^.S-S S »
<1 o
r§c3.
«
1 ' I .TJ S M C ^ ~~ *
-S^ O M W
714
o
S CO
I i
O S-,
o-
CO
t>
Da
s
e
03
X
II
W
s»
Q
W
o
as
0 O
p.Eo3«.ti.2'3a©®ai®SoS.2o3
;p
So2 (^i'S.
■s «
-O-M
td <6'o
fe 0
03 d
upre
tand
;Ph5
S?gt.
O 4,
fcl'3
■a
1 >>a
Cc-d
S 9 a
OJ O o3
715
i ill
03 £8
<D *-:^
p-ass
'•fl.S'SS? .
.J2
>"a
as a ti ^ S WT3^ « t-— gF-i a
a 5
o .S
^ p 2
« o a a
'a.<y o .2
a " .-a
o «-o a
p t< t-.!ncc!
"^■9 a
O o
.W2
o •;?
^ a 2
,0 o a
a
m
a
SB'S.
-S.s'^a
fc;a>2£
C3 O ^ 03 C3
;w<<
.So
T3 >>
is
O/ ^ ;- .iS^H
ft
O O)
ag
_ O t-
.9_c-g.g
^ " aS
ao-9a
a bife a>
o o 5 >
3 •2m
a a .
Ph.2 S
> a 03
■-00
tfOi-l
Pm
86360— ■i4-
-;-I6
u
^ Q
c;::
716
3^ ^-i
« o
H t; n
n'3B2g-3rt>'.a®5
■^:i; « is c
te-o
® C3
IS
t. -— . « e
0) o > H
O) « — • o
>>T3
iWan
es 03
.CQCB
<]> o
3 3
a a
, 0 3
■ CLifL,
3 3
- ^ u^
3Q
oi«ij.S73 o
b/5=<J
;phH
717
O CO .f-i
a PC — -^
^i" CO 3 <a
.a 5 5
03 OJ 3 -tJ
".Is
. as a
3OM
o
I
0
o
~ S § _• Si 9 ^
-d -.65 £.H-S'qi5"2 '-
.Sp«?.=^.='5 °i a S5-i5 3 g 1^ §•£ £3 o o S g S^ S
3^ r-^ +2 42
" R 0? c3
rtMt
718
.s s
o> P
t|0
P>
PP
Cl P ^ fl
-h'5iJ
p
Ǥawg
C3
f
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
3 9999 06313 284 7
^/ / f/ y-B" /^*<^ «:^— .