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

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

rb 



N9 .^2.^:1. L/\H c 



^ 



V. \ 




^ 



• t 



3^ 



NATIONAL RECOVERY ADMINISTRATION 
NATIONAL INDUSTRIAL RECOVERY BOARD 



CODES OF FAIR COMPETITION 

Nos. 520-524 
AS APPROVED 

SEPTEMBER 16-OCTOBER 9, 1934 

WITH SUPPLEMENTAL CODES, AMENDMENTS 

EXECUTIVE AND ADMINISTRATIVE 

ORDERS ISSUED BETWEEN 

THESE DATES 



VOLUME XVII 




WE DO OUR PART 



. U.Viri-D 3TATF3 
GOVERNMENT PRINTING OFFICE 
WASHINGTON: 1934 



MAY 26 1938 






ChdfsH to credit aod 
with Supt. at Document 



CONTENTS 



Code 
No. 



Industry 



Dateap- \ p 
proved, 1934 , '^^^ 



CODES OF FAIR COMPETITION 

520 China Clay Producing Sept. 

521 Adhesive and Ink ' Sept. 

522 Automotive Chemical Specialties Manufacturing Sept. 

523 Book Publishing Oct. 

524 Pickle Packing Oct. 



18 


1 


19 


19 


27 


33 


1 


47 


4 


85 



Industry 



Date 



Page 



AMENDMENTS 

Canning, No. 2 

Commercial Fixture, No. 1 

Oil Burner, No. 2 

Perfume, Cosmetic, and Other Toilet Preparations, No. 1 

Fishing Tackle, No. 3 

Lumber and Timber Products, No. 22 

Metal Window, No. 1 

Tool and Implement Manufacturing, No. 1 (A Division of Fab- 
ricated Metal Products Manufacturing and Metal Finishing 

and Metal Coating) 

Paper Disc Milk Bottle Cap, No. 1 

Powder PuflF, No. 1 

Business Furniture, Storage Equipment and Filing Supply, No. 2. 

Cigar Manufacturing, No. 1 

Gasoline Pump Manufacturing, No. 2 

Macaroni, No. 2 

Retail Trade, No. 5 

Retail Trade, No. 6 

Sandstone, No. 1 

Steam Heating Equipment, No. 1 

Unit Heater and/or Unit Ventilator Manufacturing, No. 1 

Fuller's Earth Producing and Marketing, No. 1 

Knitted Outerwear, No. 2 

Paper and Pulp, No. 1 

Paper Distributing Trade, No. 2 

Photographic Mount, No. 1 

Spice Grinding, No. 1 

Textile Procession, No. 4 

Alloy Casting, No. 3.- 

Baking, No. 2 

Cotton Garment, No. 8 

Folding Paper Box, No. 1 

Fur Dressing and Fur Dyeing, No. 5 

Hair Cloth Manufacturing, No. 2 

Leather and Shoe Findings Trade, No. 1 (A Division of Whole- 
saling or Distributing Trade) 

Non-Ferrous and Steel Convector Manufacturing, No. 1 

Paint, Varnish and Lacquer Manufacturing, No. 3 



9-17-34 
9-17-34 
9-17-34 
9-17-34 
9-19-34 
9-19-34 



105 

109 
113 
119 
123 
127 



9-19-34 


131 


9-19-34 


137 


9-20-34 


143 


9-20-34 


147 


9-21-34 


151 


9-21-34 


155 


9-21-34 


159 


9-21-34 


163 


9 21-34 


167 


9-21-34 


171 


9-21-34 


175 


9-21-34 


179 


9-22-34 


183 


9-25-34 


189 


9-25-34 


193 


9-25-34 


201 


9-25-34 


205 


9-25-34 


209 


9-25-34 


213 


9-25-34 


217 


9-27-34 


223 


9-27-34 


227 


9-27-34 


233 


9-27-34 


239 


9-27-34 


243 


9-27-34 


249 


9-27-34 


253 


9-27-34 


257 


9-27-34 


261 



(uO 



CONTENTS— Continued 



Industry 



Date 



Page- 



AMENDMENTS— Continued 

Porcelain Enameling Manufacturing, No. 1 (A Division of Fab- 
ricated Metal Products Manufacturing and Metal Einishing 

and Metal Coating) _. 

Refractories, No. 2 

Road Machinery Manufacturing, No. 2 

Fur Dealing Trade, No. 2 

Industrial Supplies and Machinery Distributors' Trade, No. 1-. 

Steel Casting, No. 3 

Beverage Dispensing Equipment, No. 1 

Handerchief, No. 1 

Leather, No. 2 

Retail Farm Equipment Trade, No. 2 

Upholster}- and Decorative Fabrics Trade, No. 1 (A Division of 

the Wholesaling or Distributing Trade) 

Advertising Metal Sign and Display Manufacturing, No. 1 (A 
Division of Fabricated Metal Products Manufacturing and 

Metal Finishing and Metal Coating) 

Fan and Blower, No. 1 

Liquefied Gas, No. 1 

Reinforcing Materials Fabricating, No. 1 

Lumber and Timber Products, No. 23 

Photographic and Photo Finishing, No. 1 

Roofing Granule Manufacturing and Distributing, No. 1 

Warm Air Register, No. 1 

Wire, Rod, and Tube Die, No. 1 

Motion Picture, No. 3 ' 

Set Up Paper Box Manufacturing, No. 1 

Wholesale Confectioners', No. 2 

Athletic Goods Manufacturing, No. 2 

Fluted Cup, Pan Liner and Lace Paper, No. 1 

Macaroni, No. 3 

Raw Peanut Milling, No. 1 

Tanning Extract, No. 1 



SUPPLEMENTS 

Tubular Split and Outside Pronged Rivet Manufacturing, No. 
52, for Fabricated Metal Products Manufacturing and Metal 
Finishing and Metal Coating 

Liquid Fuel Appliance Manufacturing, No. 53, for Fabricated 
Metal Products Manufacturing and Metal Finishing and 
Metal Coating 

Retail Custom Fur Manufacturing Trade, No. 2, for Retail 
Trade 

File Manufacturing, No. 54, for Fabricated Metal Products 
Manufacturing and Metal Finishing and Metal Coating 

EXECUTIVE ORDERS 

Textile Labor Relations Board, Creation of the 

Industrial Emergency Committee, Amendment of the order 
creating 

National Industrial Recovery Board, Creation of the 

ADMINISTRATIVE ORDERS 

Blue Crab, Wages of pickers. Extending time to report on 

Government contracts and contracts involving the use of gov- 
ernment funds. Union Railway Company of New York con- 
tract with the Bronx postal district 

(IV) 



9-27-34 
9-27-34 
9-27-34 
10- 2-34 
10- 2-34 
10- 2-34 
10- 3-34 
10- 3-34 
10- 3-34 
10- 3-34 

10- 3-34 



10- 5-34 
10- 5-34 
10- 5-34 
10- 5-34 
10- 6-34 
10- 6-34 
10- 6-34 
10- 6-34 
10- 6-34 
10^ 8-34 
10- 8-34 
10- 8-34 
10- 9-34 
10- 9-34 
10- 9-34 
10- 9-34 
10- 9-34 



9-22-34 

9-24-34 

9-25-34 

10- 9-34 

9-26-34 

9-27-34 
9-27-34 

9-17-34 
9-17-34 



267 
273 
277 
283 
287 
293 
299 
303 
309 
315 

319 



323 
329 
333 
337 
343 
347 
353 
357 
361 
365 
369 
375 
379 
383 
389 
395 
399 



405 

419 
435 
445 

459 

462 
463 

465 
466 



CONTENTS— Continued 



Industry 



ADMINISTRATIVE ORDERS— Continued 

Ice, Prices, Modifying schedule of mininuim 

Ice, Prices, Declaration of emergency and establishment of min- 
imum 

Photographic and Photo Finishing, Code Authority, Extension 
of time for election of permanent 

Precious Jewelry Producing, Hazardous occupations, Approv- 
ing a list of 

Wool Textile, Piece Goods Selling Division, Granting partial 
exemption from certain provisions of Trade Practices 

Industrial Safety Equipment Industry and Trade, Hazardous 
occupations. Approving a list of 

Piano Manufacturing, Hazardous occupations, Approving a list 
of 



Date 



Pipe Organ, Hazardous occupations. Approving a list of 

Trailer Manufacturing, Hazardous occupations. Approving a 
list of 

Heating, Piping and Air-Conditioning Contracting, Effective 
date. Partial extension of 

Household Goods Storage and Moving Trade, Wage interpre- 
tation for the 

Sheltered Workshops, Approving a specified list of 

Automatic Sprinkler, Cost accounting system, Staying effective 
date of order approving 

Government contracts and contracts involving the use of gov- 
ernment funds, American Perforator Company contract with 
the consular service 

•Grocery Manufacturing, Basic Code, Offering a — to 

Government contracts and contracts involving the use of govern- 
ment funds, Winchester Repeating Arms Company and West- 
ern Cartridge Company contracts for shells and cartridges 

Oxy- Acetylene, Sales to Hospitals, Granting permanent stay for_ 

Woodworking Machinery, Price schedules. Partial termination 
of stay relevant to waiting period after filing 

Cordage and Twine, Cordage and Wrapping Twine Division, 
Stay of code provisions relevant to 

Government contracts and contracts involving the use of gov- 
ernment funds. Remington Arms Company and Winchester 
Repeating Arms Company contract for primers and caps 

Government contracts and contracts involving the use of gov- 
ernment funds, Seth Thomas Clock Company providing 
sounding apparatus for the Coast and Geodetic Survey 

Conveyor and Material Preparation Equipment Manufactur- 
ing, Report on one Trade Practice provision. Extension of 
time to file 

Country Grain Elevator, Wage provision. Granting temporary 
stay for 

Packaging Machinery Industry and Trade, Hazardous occupa- 
tions. Approving a list of 

Retail Trade, Prices, Termination of regulations governing 

Rubber Manufacturing, Uniform accounting manual, Approv- 



ing- 



Waste Paper Trade, Prices, Superseding previous order establish- 
ing minimum net 

Fresh Oyster, Competitive and administrative rules. Partial stay 
for specified members from application of certain 

Band Instrument Manufacturing, Hazardous occupations, 
Approving a list of 

Boiler Manufacturing, Trade Practices, Stay pending report on_ 
■Card Clothing. Hazardous occupations, Approving a list of 



9-17-34 

9-17-34 

9-18-34 

9-18-34 

9-18-34 

9-19-34 

9-19-34 
9-19-34 

9-19-34 

9-20-34 

9-20-34 
9-20-34 

9-21-34 



9-21-34 
9-21-34 



9-21-34 
9-21-34 

9-21-34 

9-22-34 

9-22-34 

9-22-34 

9-25-34 

9-25-34 

9-25-34 
9-25-35- 

9-25-34 

9-25-34 

9-26-34 

9-27-34 
9-27-34 
9-27-34 



Page 

467 

469 

471 

472 

473 

474 

475 
446 

477 

478 

479 
480 

483 



484 
485 



496 
497 

498 

499 

500 

501 

502 

503 

505 
506 

507 

509 

510 

511 
512 
513 



(V) 



CONTENTS— Continued 



Industry 



ADMINISTRATIVE ORDERS— Continued 

Cotton Garment and Dress Manufacturing, Classification, Pre- 
scribing rules for 

Fresh Water Pearl Button Manufacturing, Piece Work, Approval 
for the carding of buttons in homes of minimum — rates 

Lace Manufacturing, Hours of operation of productive machin- 
ery, Stay of limitation as to Barmen Machines 

Marking Devices, Hazardous occupations, Approving a list of 

Musical Merchandise Manufacturing, Hazardous occupations. 
Approving a list of 

Oxy-Acetylene, Labor Complaints, Approval of application for 
having the National Recovery Administration to handle 

Robe and Allied Products, Hours of labor. Granting temporary 
exemption for 

Wood Plug, Hazardous occupations. Approving a list of 

Cotton Garment, Hours and wages, Stay of amendments rele- 
vant to 

National Industrial Recovery Board, Administrative Officer, 
Conferring authority upon the 

Cotton Garment, Wage and hour provisions. Appointing a 
committee to report on amended 

Ready-Mixed Concrete, Labor Complaints, Approving applica- 
tion for the National Recovery Administration to handle 

Asbestos, Brake Lining Division, Merchandising Plan, Approv- 
ing Amendment to the 

Cordage and Twine, Hazardous occupations, Approving a list of _ 

Bituminous Coal, Price schedules and/or changes, Rules govern- 
ing 

Luggage and Fancy Leather Goods, Hours, Granting stay of 
provisions relevant to 

Candlewick Bedspread, Homeworkers wages, Continuing stay 
for 

General N.R.A. Code Authority, Appointing a member of the — 

Hair Cloth Manufacturing, Hazardous occupations, Approving 
a list of 

Marble Contracting, Registration of members, Approval of 
extension of time limit for the 

Automotive Parts and Equipment Manufacturing and Automo- 
tive Chemical Specialites Manufacturing, Classification of 
members 

Marine Equipment Manufacturing, Price list, Terminating a 
stay for one — provision and staying another of said provi- 
sions 

Retail Custom Fur Manufacturing Trade, Effective date of 
code. Stay of 

Baking, Price lists. Extending stay relevant to 

Industrial Furnace Manufacturing, Jurisdiction classification, 
Staying provisions applicable to 

Aluminum, Trial period. Approving a further 

Coflfee, Hazardous occupations. Approving a list of 

Dress Manufacturing and Coat and Suit, Inter-Code Agency, 
Creating an — for the purpose of handling jurisdictional 
disputes 

Cap Screw Manufacturing, Credit Terms, Approving uniform. _ 

Government contracts and contracts involving the use of gov- 
ernment funds, Winchester Repeating Arms Company con- 
tract with the War Department 

Government contracts and contracts involving the use of gov- 
ernment funds. Lease of space in the premises owned by the 
Cincinnati Union Stockyards Company for the fiscal year 
1935 



Date 



9-27-34 

9-27-34 

9-27-34 
9-27-34 

9-27-34 

9-27-34 

9-27-34 
9-27-34 

9-28-34 

9-28-34 

9-29-34 

9-29-34 

10- 1-34 
10- 1-34 

10- 2-34 

10- 2-34 

10- 3-34 
10- 3-34 

10- 3-34 

10- 4-34 

10- 5-34 

10- 5-34 

10- 5-34 
10- 6-34 

10- 6-34 
10- 8-34 
10- 8-34 



10- 8-34 
10- ^34 



10- 9-34 



10- 9-34 



(VI) 



CONTENTS— Continued 



Industry 



ADMINISTRATIVE ORDERS— Continued 

Macaroni, Liquidated damages, Providing for assessment and 
collection of 

Photographic and Photo Finishing, Hazardous occupations, 
Approving a list of 

Picture Moulding and Picture Frame, Hazardous occupations, 
Approving a list of 

Steam Heating Equipment, Hazardous occupations. Approving 
a list of 

Structural Steel and Iron Fabricating, Staying operation of code. 

Trout Farming Industry in the Eastern Section, Hazardous 
occupations, Approving a list of 

Unit Heater and/or Unit Ventilator Manufacturing, Hazardous- 
occupations, Approving a list of 

Wood Turning and Shaping Industries, Hazardous Occupations, 
Approving a list of 

Index 



Date 



Page 



10- 9-34 

10- 9-34 

10- 9-34 

10- 9-34 
10- 9-34 

10- 9-34 

10- 9-34 

10- 9-34 



550 

553 

554 

556 
557 

558 

559 

560 
563 



(vn) 



CODES OF FAIR COMPETITON 



Approved Code No. 520 

CODE OF FAIR COMPETITION 

FOR THE 

CHINA CLAY PRODUCING INDUSTRY 

As Approved on September 18, 1934 



ORDER 



AppRO^•ING Code of Fair Competition for the Chtxa Clay 

Producing Industry 

An application having been duly made pursuant to and m 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 China Clay Producing Industry, and hear- 
ings having been duly held thereon and the annexed report on said 
Code, containing findings with respect thereto, having been made 
and directed to the President: 

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

Hugh S. Johnson, 
Adm'mistratoT for Industrial Recovery. 

Approval recommended : 

C. E. Adams, 

Division Administrator. 

"Washington, D.C, 

September 18, lD3k. 

86452° 1181-67 34 (1) 



EEPORT TO THE PRESIDENT 

The President, 

The W/u'fe House. 

Sik: The original Code of Fair Competition for the China Clay 
Producing Industry was submitted by the Southern China Clay 
Producers Association, the name of which was subsequently changed 
to China Clay Producers Association, on September 29th, 1933. The 
China Clay Producers Association is an unincorporated membership 
society organized in 1933 representing in excess of 90% of the known 
members of Industry and in volume of production. 

Several revisions of the Code were made prior to the public hear- 
ing which was held on December 13th, 1933. The Code was revised 
during the recess of this hearing and was submitted in its final form 
for ajoproval. Every person who requested an appearance was 
properly heard in accordance with statutory and regulatory require- 
ments. 

The China Clay Industry as outlined in this Code embraces the 
mining and/or producing of China Clay and the original sale, in- 
cluding sales on consignment, where permitted in the United States, 
of China Clay by the Member of Industry producing the same 
directly or indirectly either by himself or his agent, which includes 
without limitation any person or corporation occupying a subsidiary 
or controlling relationship or one of common, mutual or joint owner- 
ship, or control to a Member of Industry. 

The term " China Clay " means a kaolinitic clay (a type of clay 
composed essentially of hydrous silicates and alumina containing a 
very low percentage of fluxing impurities) which is suitable for use 
in the manufacture of pottery, porcelain, and other ceramic products 
and as a filler or coater in the paper, rubber, paint and other 
industries. 

The China Clay Industry in the United States is of relatively recent 
development. Prior to 1900 approximately 90% of the China Clay 
used in the United States was imported from England. During the 
period 1900 to 1914 tliere was a marked devclo]3ment of the Industry 
in the United States — 1,500 tons were produced in 1914. On account 
of the difficulty of securing China Clay from England during the 
War the development was most marked. Today approximately 70% 
of the China Clay used in this country is of domestic origin, the 
reuiaining 30% is imported from England. Seven hundred and 
fourteen thousand tons representing 90% of the productive capacity 
of the United States is produced l)y fourteen members of the China 
Clay Producers Association. At the present time their output has 
decreased to about 42% of capacity. In 1932 three liundred and 
sixty-five thousand tons were produced valued at $2,243,000, repre- 
senting about 40% of all types of clay produced in the United States 
both as to tonnage and value. 

The productive capacity of this Industry, which has a capital in- 
vestment of $4,100,000, is very narrowly confined in a few Southern 

(2) 



States. Approximately 55% of such capacity is located in Georgia, 
27% in South Carolina, 9% in Florida and most of the remaining 
9% in North Carolina and Virginia. Pits arc also worked in Cali- 
fornia, Missouri, Pennsylvania and Vermont. 

The uses to -svhich domestic China Clay is now put have been 
greatly increased over the past few years through the research efforts 
of the various producers. Its principal use is as a filler for paper, fol- 
lovred by its use in the manuiaciure of white-bodied ware, cement, 
rubber, paper coating, lirc-brick and block, high grade tile, oilcloth or 
linoleum and paint filler or extender. China Clay is also employed in 
ihc manufacture of artificial abrasives, crayons, chemicals, glasshouse 
supplies, clay crucibles, art potter}^, etc. 

"While there are domestic products which compete with china clay, 
such as calcium sulphate (gypsum), calcium carbonate (whiting), 
talc and other white pigments, the Industry's chief concern is with 
the competition of imported china clay. 

Aside from the more legitimate competitive problems of the 
Industry are those specifically related to unfair trade practices withiji 
the Industry, such as " bid peddling ", " bid chiseling ", defamation 
of a competitor and false representations, all of which have debili- 
tated the Industry with their viciousness to a degree where ruthless 
amputation from the industry is advised. 

As previously indicated, there is a productive capacity of more 
tiian 714,000 tons per annum in this Industry, fully sufficient to care 
for the entire American consumption under prosperous conditions. 
Today the Industry is working at 42% of capacity. 

The immediate future of this Industry is largely predicated upon 
the potential increase in demand for its products; its ability to 
absorb the increased labor costs incident to the proposed Code, and 
the possible further encroachment of the foreign producer upon the 
domestic producer's present market, as well as increasing competi- 
tion from other domestic products. 

There are two important limitations on the extent to which the 
price of china clay may be raised. In the first place the price of the 
clay for one of its major uses, paper filler, is limited by the cost of 
recovery of what is at present a by-product of the Fertilizer Industry'', 
namely calcium sulphate (gypsum), which is largely a w^aste product 
but which can be, and sometimes is, used as a substitute for china 
clay when the price of the latter goes too high. In the second place, 
competition with foreign china cla3^ even under present conditions, is 
vStill keen and would doubtless be increased by any appreciable rise 
in the price of china clay. 

Under the present Code hours employment should be afforded to 
about 250 additional employees. The minimum hourly rate has been 
increased substantially from the previously low rate in 1933 of 10^ 
per hour extant prior to August 15, 1933, or $4.80 per week of 48 
hours. In September the rate was increased to 15^. Under the pro- 
posed Code the minimum rate for the South is 240 per hour, or $9.G0 
for a 40 hour week. All of this is in comparison with a C5 hour week 
at 200 per hour in 1929. 

The Code rate for the South is representative of an average condi- 
tion in the Industiy inasmuch as approximately dO^/c of the Industry 
is located in the South. The higher Code rate for the North would 



only apply to a relatively small section of the Industry scattered 
throuo;h a number of widely separated states, but would, of course, 
somewhat increase the total wage rate in the Code. 

Article I. States the purpose of the Code. 

Article II. Accurately defines specific terms applicable to the 
China Clay Producing Industry. 

Article III. The maximum hours are limited to 40 hours per 
week, or eight hours per day in any 24 hour period except as other- 
wise provided for. In order to meet adverse conditions of produc- 
tion due to seasonal inclement weather, emploj^ees engaged in open 
pit (mining) shall be permitted to work an average of 40 hours per 
week in any four or five week period that shall correspond as near 
as may be to the calendar month, with a maximum of 48 hours in any 
seven-day period ; provided, however, that at least one and one-half 
times his regular wage rate for any employee so employed shall be 
paid for all hours worked in excess of 40 hours in any seven-day 
period. Watchmen may be permitted to work 56 hours in any seven- 
day period; provided, that such employees shall have at least one 
day's rest in each seven-day period. No clerical or office employee 
shall be permitted to work in excess of 40 hours per week averaged 
over a five-week period nor more than 48 hours in any one week. 
Executives or those employed in supervisory capacities or in technical 
work who are paid not less than at the rate of $30.00 per week in 
the Southern Zone or $35.00 per week in the Northern Zone, are not 
subject to hourly limitations. The maximum hours shall not apply 
to employees engaged in em^ergency maintenance or emergency repair 
work. 

Article IV. The minimum wage for employees in the processing 
of products or any labor incident thereto shall be 240 per hour in 
the Southern Zone and 350 per hour in the Northern Zone. No 
person employed in clerical or office work shall be paid less than at 
the rate of $15.00 per week except that office boys and girls and 
messengers may be paid at a rate of not less than 80% of the minimum 
paid to office employees. The established minimum rate of pay for 
work performed in any pay period shall apply irrespective of 
whether an employee is actually compensated on a time-rate, piece- 
work or other basis. Provision is also made for the employing of 
handicapped persons. 

Article V. This Article provides that no person under 18 years 
of age shall be employed in the Industry except in specific opera- 
tions and no person under 16 years of age shall be employed in any 
capacity. This Article also sets forth mandatory provisions respect- 
ing the rights of employees to organize and bargain collectively. 
This Article also provides for matters having to do with reclassifi- 
cation of employees, standards for safety and health, the observance 
of state laws, the posting of complete copies of this Code, company 
towns and stores and dismissal for complaint. 

Article VI. Establishes a Code Authority consisting of seven 
voting members together with Administrator members to administer 
the provisions of this Code. This Article also provides for powers 
and duties of the Code Authority. 

Article VII. Sets forth the marketing and trade practice rules 
for the Industry. 



5 

Article VIII. Makes provision for recommendation to the Ad- 
ministrator by the Code Authority of matters having to do with 
new capacity. 

Article IX. INIakes provision for Export Trade. 

Article X. Makes provision for modification of the Code. 

Article XI. Makes provision for registration of Members of the 
Industry. 

Article XII. No provision of this Code shall be so applied as to 
promote monopolies or monopolistic practices or to eliminate, op- 
press or discriminate against small enterprises. 

Article XIII. JNIakes provision for the termination of the Code. 

Article XIV. Covers the effective date. 

The Deput}^ Administrator in his final report to me on said Code 
having found as herein set forth and on the basis of all the pro- 
ceedings in this matter: 

I find that : 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of In- 
dustry for the purpose of cooperative action among the trade groups, 
by inducing and maintaining united action of labor and management 
under adequate governmental sanctions and supervision, by eliminat- 
ing unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of Industries, by avoid- 
ing undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agri- 
cultural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
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 Asso- 
ciation is an Industrial Association truly representative of the afore- 
said Industry; and that said Association imposes no inequitable re- 
strictions on admission to membership therein. 

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

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

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

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

Hugh S. Johnson, 

Adinhiistrator, 
Sept. 18, 1934. 



CODE OF FAIK COMPETITION FOR THE CHINA CLAY 

PRODUCING 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 China Clay Producing Industry and its provisions shall 
be the standards of fair competition for such Industry and be bind- 
ing upon every member thereof. 

Artictle II — Definitions 

Wherever used in this Code or any supplement appertaining 
thereto, the terms enumerated in this Article shall have the mean- 
ings herein defined, unless the context shall otherwise clearly 
indicate. 

Section 1. The term " President " means the President of the 
United States of America. 

Section 2. The term "Act " means Title I of the National Indus- 
trial Recovery Act. 

Section 3. The term "Administrator " means the Administrator 
for Industrial Recovery. 

Section 4. The term " China Clay Producing Industr}^ " or " In- 
dustry " as used herein includes the mining and/or producing of 
China Clay and the original sale (including sales on consignment 
where permitted) in the United States, of China Clay by the Mem- 
ber of Industry producing the same directly or indirectly cither by 
himself or his agent, Avhich includes without limitation any person 
or corporation occupying a subsidiary or controlling relationship or 
one of common, mutual, or joint ownership, or control to a Member 
of Industry 

Section 5. The term " China Clay " as used herein means a kao- 
iinitic clay (a type of clay composed essentially of hydrous silicates 
and alumina cooitaining a very low percentage of fluxing impurities) 
which is suitable for use in the manufacture of pottery, porcelain, 
and other ceramic products and as a tiller or coater in the paper, 
rubber, paint and other industries. 

Section G. The term " Member of 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 own behalf. 

Section 7. The term " Employee " means and includes anyone 
engaged in the Industry in any capacity receiving compensation for 
his services irrespective of the nature or method of payment of such 
compensation, except a Member of the Industry. 

(6) 



Section 8. Tlie term " Employer " means anyone by whom any 
such employee is employed or compensated. 

Section 9. The term '' Southern Zone "' as used herein shall include 
the States of Alabama, Arkansas, Florida, Geor<5ia, Louisiana, Mis- 
sissippi, South Carolina, North Carolina and Virginia. 

Section 10. The term " Northern Zone "' as used herein shall in- 
clude all other territory of the United States, except as defined in 
" Southern Zone.'" 

Section 11. The term "Association" shall mean the China Clay 
Producers Association, a voluntary unincorporated association. 

Section 12. The term " Executive Committee " shall mean the 
Executive Committee of the Association. 

Section 13. The term " Secretary " shall mean the Secretary of 
the Code Authority, who shall also be the Secretary of the Associa- 
tion. 

Article III — Hours of Labor 

Section 1. Maximum Hours. — No employee shall be permitted to 
Avork in excess of forty (40) hours per week or eight (8) hours in 
any twenty-four (24) hour period, except as herein otherwise pro- 
vided. 

(a) Employees engaged in open pit (mining) shall be permitted 
to work an average of forty (40) hours per week in any four or 
five-week period that shall correspond as near as may be to the calen- 
dar month, w4th a maximum of forty-eight (48) hours in any seven- 
day period; provided, however, that at least one and one-half times 
his regular wage rate for any employee so employed shall be paid 
for all hours worked in excess of forty (40) hours in any seven-day 
i>eriod. 

(b) Employees engaged as watchmen may be permitted to work 
not more than fifty-six (56) hours in any one seven-day period, nor 
more than six (6) days in any seven-day period. 

Section 2. Hours for Clerical and Office EmploTjees. — No clerical 
or office employee shall be permitted to work in excess of forty (40) 
hours per week, provided that in one (1) week of each five (5) week 
period any such employee may be permitted to work not in excess 
of forty-eight (48) hours; provided further, that in no such five (5) 
week period shall any employee be permitted to work in excess of 
an average of forty (40) hours per week. 

Section 3. Exceptions as to Hours. — The provisions of this Article 
shall not apply to outside salesmen, or to employees engaged in emer- 
gency maintenance or emergency repair work; provided, however, 
that at least one and one-half times the regular wage rate for any 
employee so employed shall be paid in such emergency maintenance 
or emergency repair work for all hours worked in excess of the maxi- 
mum hours hereinbefore provided; nor to executives or those em- 
ployed in supervisory capacities or in technical work who are paid 
not less than at the rate of Thirty Dollars ($30.00) per week in the 
Southern Zone or Thirty-Five Dollars ($35.00) per week in the 
Northern Zone. 

Section 4. Standard Week. — No employee shall be permitted t© 
work more than six (G) days in any seven (7) day period. 

86452° 1181-67 34 2 



8 

Section 5. Employment by Several Employers. — ^Ko emploj^er 
shall knowingly porniit any <^niploy<ee to work for any time which, 
Avhen totalled with that already performed w^ith another employer 
OT employers in this Industry or other trades or industries, exceeds 
the maximum permitted herein. 

Article IV — Wages 

Section 1. Mmrmu-ni Wages. — ^Exc^pt as otherwise herein pro- 
vided no employee shall be paid in anj^ pay period less than at the 
rate of Twenty-four (24) cents per hour in the Southern Zone, nor 
less than at the rate of Thirty-five (35) cents per hour in the 
Northern Zone. 

Section 2. Clerical and Oijice Employees. — No clerical or office 
employee shall be paid less than at the rate of Fifteen Dollars 
($15.00) per week; provided, however, that office boys and girls and 
messengers may be paid not less than at a rate of 80% of the 
minimum hereinabove specified, and provided further that the num- 
ber of such boys and girls and messengers so paid shall constitute not 
more tlian 5% of the total immber of such employees of any one 
office of any one employer, but in any case each employer shall be 
entitled to employ one such employee. 

Section 3. Piceemorh Compensation — Minimum Wages. — This 
Article establishes a minimum rate of pay for any pay period which 
shall appl}^, irrespective of whether an employee is actually com- 
pensated on a time-rate, piecework, or other basis. 

Section 4. W-ages Above the Miniminn. — Adjustment of wages, 
with respect to wages above the minimum, shall be made w'ithin 
thirty (30) days after the effective date of this Code by each em- 
ployer who has not heretofoi'e made such adjustment. Such adjust- 
ment shall mean the maintenance of a differential at least as great 
in amount as that existing on June 16, 1933, between the wage rates 
for such employment and the then minima. In no event, however, 
shall hourly rates be reduced in making such adjustments. Within 
sixty (CO) days after the effective date of this Code each Member of 
the Industry shall make a report of such adjustment whether made 
prior to or subsequent to the date of approval of this Code to the 
Code Authority. 

Section 5. Payment of Wages. — Each employer shall make pay- 
ment of all wages in lawful currency, or by negotiable check therefor, 
payable on demand. These wages shall be exempt from any deduc- 
tions other than those expressly authorized by an employee or re- 
quired by law. Pay periods for wages shall be at no greater interval 
than every semimonth, and salaries at no greater interval than every 
month. No employer shall withhold w^ages except as otherwise 
provided by law^ 

Sbction 6. Handicapped Persons. — A person whose earning 
capacity is limited because of age, physical or mental handicap, or 
other infinnity, 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 ceitificate 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 with the Code Authority, and keep current, a list 
of all such poisons employed by him, showing the wages paid to and 
the maximuii! hours of work for such employee. 

Section 7. Contracts for Performance of Work. — No employer 
shall contract work to be done except when the person performing 
the contract agrees to be bound by the provisions of this Code or the 
Code adopted for tlie Industry covering such work; and in no case 
shall an employer avoid or evade the labor provisions of this Code 
by contracting his work to any person subject to labor regulations 
less stringent than those provided in this Code. 

Article V — General Labor Pro\t:sions 

Section 1. Child Labor. — No person under eighteen (18) years of 
age shall be employed in the Industry, except in clerical, office, sales, 
service, technical and engineering department office duties, and no 
person under sixteen (IG) years of age shall be employed in any 
capacity. In any State an employer shall be deemed to have com- 
plied with this provision as to age if he shall have on file a certificate 
duly signed by the Authority of such State empowered to issue em- 
ployment or age certificates or permits, showing that the employee 
is of the required age. 

Section 2. Provisions of the Act. — (a) Employees shall have the 
right to organize and bargain collectively through representatives of 
their own choosing, and shall be free from the interference, restraint, 
or coercion of employers of labor, or their agents, in th« 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 emplo3^ee and no one seeking employment shall be re- 
quired as a condition of employment to join any company union 
or to refrain from joining, organizing, or assisting a labor organiza- 
tion of his own choosing, and 

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

Section 3. Reclassification of Employees. — No employer shall re- 
classify employees or duties of occupations performed, or engage 
in any other subterfuge for the purpose of defeating the purposes 
or provisions of the Act or of this Code. 

Section 4. Standards of Safety and Health. — Every emjiloyer 
shall provide for the safety and health of his employees at the 
place and during the hours of their emploj-ment. Standards of 
safety and health for each division of the Industry shall be sub- 
mitted to the Administrator by the Code Authority within three (3) 
months after approval of tliis Code. 

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



10 

Section 6. Posting. — All employers shall post and keep posted 
complete copies of this Code and all amendments thereto in con- 
spicuous places accessible to employees, and shall comply with all 
rules and regulations relative to posting Avhich may from time to 
time be prescribed by the Administrator. 

Section 7. Company Towns and Stores. — Emploj'^ees other than 
maintenance or supervisory men, or those necessary to jorotect prop- 
erty, shall not be required as a condition of employment, to live in 
houses rented from or specified by the employer. No employee shall 
be required, as a condition of employment, to trade at a store owned 
or specified by an employer. 

Section 8. Dlsinlssal for Complaint, — No employer shall dismiss 
or demote any employee for making a complaint or giving evidence 
with respect to an alleged violation of this Code. 

Article VI — Organization, Powers and Duties of the Code 

Authority 

Section 1, Organization and Constitution. — A Code Authority to 
administer this Code is hereby constituted, and shall consist of six 
(6) voting members who shall be selected by and who may be mem- 
bers of the Executive Committee of the Association, and one (1) 
other voting member who shall be a Member of Industry and shall 
be selected by the Members of Industry who are not members of the 
Association. The selection of all members to the Code Authority 
shall be by a fair and equitable method of election to be approved 
by the Administrator. In the event that the selection of the Asso- 
ciation's non-member representative on the Code Authority is not 
made within thirty (30) days after the effective date of this Code 
such member may be selected by the Administrator. 

Section 2. In addition to the above membership there may be not 
more than three (3) members without vote and without compensa- 
tion by the Industry, appointed by the Administrator to serve for 
such terms as he may specify. 

Section 3. Each trade or industrial association directly or indi- 
rectly participating in the selection 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 Associ- 
ation, By-Laws, Rules and 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 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 jjrescribe such 
hearings as he may deem proper; and thereafter if he shall find that 
any Code Authority or sub-Code Authority is not truly representa- 
tive or does not in other respects comply with the provisions of the 
Act, may require an appropriate modification in the method of 
selection of such 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 any- 



11 

one for any act of any other member, officer, ap;ent or employee of 
the Code Authority ; nor shall any member of the Code Authority ex- 
ercisinf? 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. Powers and Duties. — Subject to such rules and regu- 
lations as may be issued by the Administrator, and to the extent 
peruiitted by the Act, the Code Authority shall have the following 
further powers and duties : 

(a) To make investigations as to the functioning and observance 
of any provisions of this Code at its own instance or upon compliant 
of any person alfected and to report thereon to the Administrator. 

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

(c) To adopt By-Laws and Rules and Regidations for its pro- 
cedure and for the administration of this Code. The Code Authority 
shall promptly furnish to the Administrator for his approval true 
copies of the By-Laws, Rules and Regulations, and all amendments 
thereto, adopted pursuant to this paragraph. 

(d) To obtain from Members of the Industry, through a confi- 
dential agent, such information and reports as are required for the 
administration of this Code. 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 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 dis- 
closed to any other Member of the Industry or any other party except 
to such other governmental agencies as may be directed by the 
Administrator. 

(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, 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. 

(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 Industr)'. 

(g) To make recommendations to the Administrator for the 
amendment or modification of this Code on the basis of experience 
and changes in circumstances, and to make recommendations (but 
without limitation) relative to (1) further fair trade practice pro- 
visions to govern Meml>ers of the Industry in their relations with 
each other or with other Industries, and (2) measures for industrial 
planning, including calling of meetings of Members of the Industry 
to consider control of production through voluntary agreement, 
stabilization of employment and conservation of natural resources, 
and (3) prevention of the elimination or oppression of and dis- 
crimination against small enterprises, and (4) prevention of unfair. 



12 

or destructive practices, and (5) rehabilitation of industry, winch 
rec(mimendations, upon approval by the Administrator after such 
notice and hearin<>: as he may prescribe shall become part of this 
Code and have full force and effect as provisions hereof as outlined 
in Article X, Section 4. 

(h) To investigate and inform the Administrator on behalf of 
the Industry as to importation of competitive articles into the United 
States in substantial quantities or increasing ratio to domestic pro- 
duction on such terms or under such conditions as to render ineffec- 
tive or seriously endanger the maintenance of this Code, and to make 
complaint to the President on behalf of the Industry under the provi- 
sions of Section 3 (e) of the National Industrial Recovery Act with 
respect thereto. 

(i) To engage the services of a confidential and disinterested agent 
to inspect the books and records of any Member of Industry against 
wdiom complaint for an alleged violation of this Code has been made 
and accepted by the Code Authority. In case such an inspection is 
ordered, such Member of Industry shall open his books and records 
to inspection by such agent as to all matters which may be pertinent 
to the allegation, upon the express condition that such inspection be 
made only by such agent. 

In case^ such inspection indicates a violation of this Code has not 
been committed the agent shall report that fact to the Code Author- 
ity Avithout further details. 

In case such inspection indicates a violation of this Code has been 
committed the agent shall make a full report of such violation only 
to the Code Authority and to the Administrator. 

Section 7. It being found necessary to support the administration 
of this Code in order to maintain the standards of fair competition 
established by this Code and to effectuate the policy of the Act, the 
Code Authority is authorized: (1) To incur such reasonable obli- 
gations as are necessary and proper for the foregoing purposes and 
to meet such obligations out of funds which may be raised as here- 
inafter provided and which shall be held in trust for the purposes 
of this Code: (2) To submit to the Administrator for his approval, 
subject to such notice and opportunity to be heard as he may deem 
necessary, (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 secure 
equitable contribution as above set forth by all such Members of 
the Industry, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

Section 8. 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 pro- 
vided, (unless duly exempted from making such contributions,) shall 
be entitled to participate in the selection of members of the Code 



13 

Authority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

Section 9. 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 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. 

Section 10. If the Administrator shall determine that any action 
of the Code Authority or any agency thereof may be unfair or un- 
just 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 11. The 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 Adminis- 
trator for review. If approved by the Administrator full informa- 
tion concerning sucli 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 uni- 
form additions, percentages or differentials or other uniform items 
of cost which are designed to bring about arbitrary uniformity of 
costs or prices. 

Article VII — Marketing and Trade Practice Rules 

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 con- 
form to and represent the individual pricing practices of said mem- 
ber. Such lists sliall contain the price terms for all such standard 
products of the Industry as are sold or offered for sale by said mem- 
ber and for such non-standard products of said member as shall be 
designated by the Code Authority. Said jDrice terms shall in tlie 
first instance be filed within ten (10) days after the effective date 
of this Code. Price terms and revised price terms shall become 
effective immediately upon receijot 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 
reco'ipt. Such lists and revisions, together with the effective time 
thereof, shall upon receipt be immediately and simultaneously dis- 



14 

tributed to all Members of the Industry and to all of their customers 
who have applied therefor and have offered to defray the cost ac- 
tually incurred by the Code Authority in the preparation and dis- 
tribution 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 re- 
leased to all Members of the Industry and their customers, as afore- 
said; provided, that prices filed in the first instance shall not be 
released until the expiration of the aforesaid ten (10) day period 
after the approval of this Code. The Code Authority shall main- 
tain a permanent file of all price terms filed as lierein 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 lists or revisions of price terms. 

(a) When any Member of the Industry has filed any revision, such 
member shall not file a higher price within forty-eight (48) hours. 

(b) No Member of the Industry shall sell or offer to sell any 
products of the Industry, for which price terms have been filed pur- 
suant to the provisions of this Article, except in accordance with 
such price terms. 

(c) 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. 

(d) The Code Authority may prescribe rules and regulations pro- 
viding for the sale of by-products or distress merchandise, surplus 
inventories, products not up to specification, and to meet the compe- 
tition of other materials competitive with the products of this 
Industry, which shall become effective upon approval by the Ad- 
ministrator. No Member of the Industry shall sell any goods of 
any of the classes above described for the purpose of violating the 
provisions of this Code or of defeating the purposes of the Act, 
except in full compliance with such rules and regulations. 

Section 2. The standards of fair competition for the Industry 
with reference to prices and practices are declared to be as follows : 

(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 com- 
petition 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 the National Recovery Administration, 
which shall render a report and recommendation thereon to the 
Administrator. 



15 

(b) When no declared emergency exists as to any given product, 
there is to be no fixed miniminn basis for prices. It is intended that 
sound cost estinuiting 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 3 
hereof, is forbidden. 

Section 3. When the Administrator determines upon the petition 
of the Code Authority, or otherwise, that an emergency exists in 
this Industry because of destructive price cutting Avhich is such as 
to render ineffective or seriously endangers the maintenance of the 
provisions of this Code, the Administrator may cause to be deter- 
mined, after investigation of costs by the Code Authority through 
an impartial agency, the minimum price for any product of this In- 
dustry necessary to mitigate the conditions constituting such emer- 
gency and to effectuate the purposes of the Act, and below which price 
such product of the Industry shall not be sold. Such determination 
shall be subject to such notice and hearing as the Administrator may 
require. From time to time the Code Authority, upon its own initia- 
tive, or upon the request of any interested party, may recommend 
that the determination be reviewed, or the Administrator may cause 
such determination to be reviewed and appropriate action taken. 

Section 4. Trade Practice Rules. — The following trade practices 
are declared to constitute unfair methods of competition between 
Member of the Industry, and no Member of the Industry shall 
use or engage in any of them, either directly or indirectly, through 
any officer, agent or employee. Engaging in any one or more of 
these or any further trade practice provisions which hereafter may 
be established on recommendation by the Code Authority, approved 
by the Administrator, after such hearings as he may prescribe, shall 
be deemed a violation of this Code. 

(a) Selling of any industry product by a Member of the Industry 
at a price below the open, filed or publicly announced price schedules 
of such member, or to deviate from the conditions of sale contained 
in such schedules filed pursuant to Section 1 of this Article. 

(b) Secretly paying or allowing rebates, refunds, commissions, 
credits or unearned discounts, whether in the form of money or 
otherwise, or the extension of special services or privileges to certain 
purchasers which are not extended to all purchasers under similar 
circumstances, for the purpose or with the effect of violating the 
provisions of this Code. 

(c) Cancelling in whole or in part, or permitting the cancellation 
in Avhole or in part, of any contract of sale of any product, or except 
for a fair consideration or just cause or for the purpose of effectuat- 
ing a new contract Avith the buyer when the purpose of such cancella- 
tion is to create an unfair price advantage for a Member of Industry. 

(d) Knowingly inducing or attempting to induce the breach of 
an existing contract between a competitor and his customer or source 
of supply; or interfering with or obstructing in any manner the per- 
formance of the contractual duties between a ]\Iember of Industry 
and his customer. 

(e) Securing or attempting to secure confidential information con- 
cerning the business of a competitor by a false or misleading state- 



1(5 

ment Jr representation, by a false impersonation of one in authority, 
by bi ibory, or by any other unfair method. 

(f) iSellinf^ on consifjnmcnt except Avhere peculiar circumstances 
of the Industry require the practice. Such exceptions shall be defined 
by the Code Authority with the approval of the Administrator, and 
shall ajiply alike to all Members of the Industry. 

(g) Knowin(2;ly publishing; advertising, whether printed, radio, 
display or otherwise, which is misleading or inaccurate in any mate- 
rial particular; or misrepresenting any goods or products of the In- 
dustry as to use, trade-mark, grade, quality, quantity, size, substance, 
character, nature, finish, material, content, preparation, or making 
any misrepresentation as to credit terms, values, policies, services or 
the nature or form of the business conducted. 

(h) Branding, marking or packing any goods or products in any 
manner, M'hich is intended to deceive or mislead purchasers with re- 
spect to grade, quality, quantity, size, substance, character, nature, 
finish, material, or content of such goods or products. 

(i) Knowingly publishing advertising which refers inaccurately 
in any material particular to any competitors or their goods, prices, 
values, credit terms, policies or services. 

(j) Requiring that the purchase or lease of any products or equip- 
ment be a prerequisite to the purchase or lease of any other products 
or equipment. 

(k) Giving or permitting to be given, or directly offering to give 
anything of value for the purpose of influencing or rewarding the 
action of any employee, agent or representative of another in rela- 
tion to the business of the employer of such employee, the principal 
of such agent or the represented party, without the knowledge of 
such employer, principal, or party. This commercial bribery 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. 

Article VIII — New Capacity 

In the event that the Code Authority shall determine that then 
existing capacities and capacities then under construction for the 
production of products of the Industry are in excess of the capacities 
required to meet the demand for such products, and the Adminis- 
trator shall approve such determination upon the recommendation of 
the Code Authority, then such capacities shall not be increased (ex- 
cept for the supplying of foreign demand) until such time as the 
Code Authority and the Administrator, or the Administrator acting 
on his own behalf, shall determine that the demand for such products 
cannot be met by the fullest possible use of such capacities. 

Article IX — Export Trade 

No provision of this Code relating to pnces or terms of selling, 
fihipping or marketing, shall apply to export trade or sales or ship- 
ments for export trade. " Export Trade " shall be as defined in the 
Export Trade Act adopted April 10, 1918. 



17 
Article X — Modification 

Secttox 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, and specifically, but without limitation, 
to the right of the President to cancel or modify his approval of this 
Code or any conditions imposed by him upon his approval thereof. 

Section 2. Such of the provisions of this Code as are not required 
to be included therein by the Act may, with the approval of the Ad- 
ministrator be amended as provided in Section 3 hereof, 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 the 
expiration date of Title I of the Act. 

Section 3. An amendment may be proposed by any interested 
party either to the Code Authoritj^ or directly by or to the Adminis- 
trator. All proposed amendments shall be referred to the Code 
Authority, who shall give Members of the Industry an opportunity 
to be heard thereon, and thereafter the Code Authority may make 
such recommendations (hereon as is deemed proper; provided, how- 
ever, that when approved by the Administrator as necessary to effec- 
tuate the policies of the Act, after such notice and hearing as he may 
prescribe, any proposed amendment shall thereupon become effective 
as a part of this Code. 

Section 4. If the Code Authority shall desire to propose an amend- 
ment, after having approved the same, it shall submit the same to 
the Members of the Industry who shall thereupon vote upon said 
proposed amendment either at a special meeting called for that pur- 
pose or by mail ballot, at the discretion of the Code Authority. In 
such voting there shall be two (2) separate ballots on each amend- 
ment so proposed : 

(a) Each Member of the Industry voting shall be entitled to cast 
one (1) vote upon said amendment, which vote shall be known as 
the " Member Vote ". 

(b) Each Member of the Industry voting upon said proposed 
amendment shall be entitled to cast one (1) vote for each thousand 
tons shipped during the preceding calendar year by such member. 
This vote shall be known as the " Capacity Vote ". 

In order to receive approval of the Industry, any such proposed 
amendment shall receive the affirmative vote of : 

(a) At least sixty-six and two-thirds (G6%) per cent of the 
Member Votes cast and in addition thereto, 

(b) At least sixty-six and two-thirds (6C%) per cent of the 
Capacity Votes cast, both separately considered. If such proposed 
amendment shall be approved in the manner above set forth, the 
Code Authority shall submit such proposed amendment to the Ad- 
ministrator. Such amendment shall become effective as a part of 
this Code upon approval by the Administrator after such notice and 
hearing as he may prescribe. 



18 

Article XI — Registration of IMembers of the Industry 

Section 1. Each Member of the Industry shall within thirty (30) 
days after the effective date of this Code register with the Code 
Authority. All Members of the Industry who may engage in the 
Industry thereafter shall likewise register with the Code Authority. 

Section 2. Every Member of the Industry shall, within thirty 
(30) days after the effective date of this Code, or the date upon 
which such member becomes subject thereto, whichever is latest, 
register the full name of its enterprise together wath a statement of 
the number of shops, establishments or separate units thereof and 
their location, with the Code Authority. Every such Member of 
the Industry which may open for business an additional shop, es- 
tablishment or separate unit after such registration shall, within 
thirty (30) days after such opening, register the same in like manner. 

Article XII — INIonopolies 

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

Article XIII — Termination 

This Code and all supplementary provisions thereto shall expire 
on June 16, 1935, or on 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 Title I of the 
Act has ended. 

Article XIV — Effective Date 

This Code shall become effective beginning two weeks after its 
approval by the Administrator. 

Approved Code No. 520. 
Registry 1013-11. 

o 



Approved Code No. 521 
CODE OF FAIR COMPETITION 

FOR THE 

ADHESIVE AND INK INDUSTRY 

As Approved on September 19, 1934 



ORDER 

Ar^RO^^XG Code of Fair Competition for the Adhesi\'e and Ink 

Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June IG, 1933, for approval of a Code of 
Fair Competition for the Adhesive and Ink Industry, and hearing 
having been duly held thereon and the annexed report on said Code, 
containing findings with respect thereto, having been made ancl 
directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. C543-A, dated December 30, 
1933, and otherwise; do hereby incorporate by reference said an- 
nexed report and do find that said Code complies in all respects with 
the pertinent provisions and will promote the policy and purposes 
of said Title of said Act ; and do hereby order that said Code of Fair 
Competition be and it is hereby approved; provided, however, that 
the Code Authorit}^ shall report to the Administrator within ninety 
da3's from the date hereof on the feasibility of improving the provi- 
sions of Article III pertaining to hours and increasing the wages 
of employees engaged in light work as contained in Article IV, 
Section 1. 

Hugh S. Johnson, 
Administrator for Industrial Recovei^. 

Approval recommended : 

Joseph F. Battley, 

Acting Division Administrator. 

"Washington, D.C, 

Septcmler 19, 103^. 

86858° 1181—72— — 34- (19) 



REPOET TO THE PRESIDENT 

The President, 

The White House. 
Sir: A Public Hearing on the Code of Fair Competition for the 
Adhesive and Ink Industry, submitted by the Ink and Adhesive 
Manufacturers Association and the Adhesive Manufacturers Associa- 
tion of America, was conducted in Washington on the 19th of April, 
1934, in accordance with the provisions of the National Industrial 
Recovery Act. These Associations claim to represent ninety-six 
(96%) per cent and eighty-five (85%) per cent respectively of the 
dollar sales volume of the Industry. 

THE INDUSTRY 

The Industry includes the Adhesive Division engaged primarily in 
the manufacture of bulk adhesives other than animal glue, for in- 
dustrial use, and the Iiik Division engaged in the manufacture of 
small packaged adhesives as well as of writing inks. A consider- 
able part of the Adhesive Division is closely connected with the 
Tapioca Dry Products Industry, another part is related to the Corn 
Starch and Com Dextrine Industry. 

The products of the Industry compete with animal glue, casein, 
nitrocellulose cements and other synthetic adhesives in various fields. 
Most of the ink and small packaged adhesives are distributed in 
fixed price packages, as in syndicate stores, and in this limited price 
field face active competition from imports. There are varying sea- 
sonal demands for the different products and in addition there are 
restrictions on shipping some products in freezing weather. 

About fifty known members of the Adhesive Division have an esti- 
mated capital of $6,500,000. Annual sales decreased from about 
$10,000,000 in 1929 to about $7,000,000 in 1933. There are about forty 
concerns in the Ink and Small Packaged Adhesive group with a 
normal volume of business of about $4,200,000 per year. 

PROVISIONS OF CODB AS TO WAGES AND HOURS 

The Code establishes a work week of forty hours and an eight 
hour day, except employees may be permitted to work overtime not 
to exceed sixty-four hours in any one twenty -six weeks period be- 
ginning with the effective date of this Code, provided that time and 
one-third shall be paid for all hours worked in excess of forty hours 
in any week or eight hours in any day. 

There are excepted from the above maximum hours persons em- 
ployed in a supervisor}^ managerial, executive or technical capacity 
who earn not less than $35.00 per week and outside salesmen. Em- 
ployees engaged in emergency maintenance, or emergency repair 

(20) 



21 

work are also excepted, with the provision that time and one-third 
shall be paid for all hours worked in excess of forty-four in any week. 
Watchmen have a basic work week of fifty-six hours with one day 
of rest in every seven day period. Firemen and engineers are per- 
mitted to work in excess of forty-four hours in any week, but are 
compensated for all hours worked in excess thereof. Chauffeurs 
and delivery men shall not be permitted to work in excess of forty- 
eight hours in any one week. 

In order to avoid spoilage of perishable raw material or a prod- 
uct in course of process, employees so specifically required ma}^ be 
permitted to work not more than ten hours in any twenty-four hour 
period, with the provision that time and one-third shall be paid for 
all hours worked in excess of forty in any one week. 

A minimum wage rate of forty cents per hour is established for all 
employees except those employees engaged in light and non-hazard- 
ous work, such as wrapping, packaging and labeling who shall not be 
paid less than thirty-two and one-half cents per hour. Employees 
engaged in clerical or office Avork have a basic minimum of fourteen 
dollars per week, and office boys, laboratory boys and messengers 
have a basic minimum of twelve dollars per week. Female em- 
ployees performing substantially the same work as male employees 
shall receive the same rate of pay as male employees. AVhen female 
employees replace male employees they shall be paid the same rate 
of wages as the employees whom they displace. 

ECONOMIC EFFIX^T OF THE CODE 

Practically all the employees in the Adhesive Division are males. 
On the other hand, a large proportion in the Ink Division are fe- 
males. Employment in the Adhesive Division was estimated at 
1.100 in 1929 and 950 in 1933 ; in the Ink Division at about 2,000 in 
1929 and the same in late 1933. Questionnaire returns indicate that 
in both divisions the number of factory wage earners fell off about 
twenty-five per cent. 

Prior to the President's Reemploj^ment Agreement minimum 
hourly rates in the Adhesive Division ranged between 25 and 40 
cents ; in Juh^, 1933 nearly 40 per cent of the factory workers received 
less than 40 cents per hour and about 13 per cent of all employees 
received less than $15.00 per week. By December, 1933 most factory 
workers were receiving 40 cents per hour or $16.00 for the 40-hour 
week. Minimum rates were generally lower in the Ink Division. 
In July, 1933 about 30 per cent of the factory workers received not 
more than 30 cents per hour or $12.00 per week. Under the Presi- 
dent's Reemplojmient Agreement the minimum 30 cents per hour was 
generally adopted, equivalent to $12.00 for the 40-hour week. 

As the Code provides for equitable adjustments of wages above the 
minimum where such adjustments have not been made, average earn- 
ings should be restored to at least their 1929 equivalent in purchas- 
ing power. Complete operation of the Industry under the code pro- 
visions may be expected to add slightly to employment which is al- 
ready at practically the 1929 figure. The provisions for payment for 
overtime should give incentive for increasing employment as far as 
is practicable while still allowing sufficient flexibility to take care of 



22 

the Industry's batch processes. In the Adhesive Division payrolls 
should be increased a further ten per cent above the December, 1933 
figures or the 1929 average. It is estimated that in the Ink Division 
the payrolls should be increased about 15 per cent above the June 
1933 figures. 

FIXDINGS 

The Deputy Administrator in his final report to me on said Code 
liaving 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 Recover}^ Act, including 
removal of obstructions to the free flow of inter-state and foreign 
commerce wliich 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 eliminat- 
ing unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of industries, by avoid- 
ing undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing and 
relieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

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

(c) The Code as approved complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub- 
section (b) of Section 10 thereof; and that the applicant associations 
are industrial associations truly representative of the aforesaid In- 
dustry ; and that said associations impose no inequitable restrictions 
on admission to membership therein. 

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

(e) Tlie 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 Adhesive 
and Ink Industry has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dTiiinhtrator. 
September 19, 1934. 



CODE OF FAIR COMPETITION FOR THE ADHESIVE AND 

INK INDUSTRY 

Article I — Purposes 

To effect the policies of Title I of the Natioiical Industrial Recovery- 
Act, this Code is established as a Code of Fair Competition for the 
Adhesive and Ink 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 "Adhesive and Ink Industry " as used herein 
includes the manufacture for sale of the products of the Adhesive 
and Ink Divisions as defined hereinafter. 

Section 2. The term "Adhesive Division " as used herein means 
that portion of the Industry engaged in the manufacture for sale 
in bulk of aqueous paste and liquid adhesives, flexible glue, fish 
glue, dry adhesives prepared from sago starch in bulk, dry products 
made from cornstarch or its derivatives but excluding the manufac- 
ture of cornstarch and corn dextrine. There shall be excepted here- 
from dry animal glue as such product is commonly known to the 
Industry. 

Section 3. The term " Ink Division " as used herein means that 
portion of the Industiy engaged in the manufacture for sale of 
aqueous solutions and/or suspensions of dyes, pigments, and/or other 
coloring agents suitable for writing, marking or equivalent purposes, 
and the production for sale of all small packaged adhesives. There 
shall be excluded, herefrom, marking devices and printing inks. 

Section 4. The term " Small Packaged Adhesives " as used herein 
means all adhesives which are usually sold for use on desks, or in 
homes or schools as differentiated from use in manufacturing 
processes. 

Section 5. The term " Member of the Industry " 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. 

Section 6. The term " employee " as used herein includes any and 
all persons engaged in the Industry, however compensated except a 
member of the Industry. 

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

Section 8. The term "Act ", "Administrator " and " President " as 
used herein shall mean respectively Title I of the National Industrial 
Recovery Act, the Administrator for Industrial Recovery, and the 
President of the United States. 

(23) 



24 

Arttcue III — Hours 

MAXIMUai HOURS 

Section 1. No employee shall be permitted to work in excess of 
forty (40) hours in any one (1) week, or eight (8) hours in any one 
day; except that an employee may be permitted to work overtime 
not to exceed sixty-four (G4) hours in any one (1) twenty-six (2G) 
weeks period beginning with the effective date of this Code, provided, 
however, that at least one and one-third times the regular wage rate 
shall be paid for all hours worked in excess of forty (40) hours in 
any one week or eight (8) hours in any one day. 

EXCEPTIONS AS TO HOURS 

Section 2. The following shall be excepted from the above maxi- 
mum hours provisions : 

(a) Persons employed in a supervisory, managerial, executive, or 
technical capacity, who earn not less than thirty-five dollars ($35.00) 
per week, and outside salesmen. 

(b) Any employee engaged in emergency maintenance or emer- 
gency repair work involving breakdowns or protection of life or 
property, but in any such special case, at least one and one-third 
times the normal hourly wage rate shall be paid for hours worked in 
excess of forty-four (44) hours per week. 

(c) In order to avoid spoilage of perishable raw material or a 
product in course of process, employees so specifically required may 
be permitted to work not in excess of ten (10) hours in any twenty- 
four (24) hour period provided that at least one and one-third times 
the normal hourly wage rate shall be paid for all hours worked in 
excess of forty (40) in any one week. 

(d) Watchmen who shall not be permitted, however, to work in 
excess of fifty-six (56) hours in any one week, and who shall be al- 
lowed one (1) day off in every seven (7) days. 

(e) Firemen and engineers, who shall not be permitted, however, 
to work in excess of forty-four (44) hours in any one week unless 
thej'^ shall be compensated by payment of at least one and one-third 
times the normal hourly wage rate for all time in excess of forty-four 
(44) hours. 

(f) Chauffeurs and delivery men, who sliall not be permitted, 
however, to work in excess of forty -eight (48) hours in any one 
week. 

employment 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 emplo3^ers, exceeds tlie maximum per- 
mitted herein. 

standard week 

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



25 

Article IV — "Wages 

MINIMUM WAGES 

Section 1. No employee shall be paid less than at the rate of forty 
cents (40^*) per hour except employees engaged in light and non- 
hazardous work, such as wrapping, packaging and labelling, who 
shall bo paid not less than at the rate of 321/2 cents per hour per 
week of forty (40) hours; except as follows: 

CLERICAL AND OmCE AVORK 

I 

Section 2. No person employed in clerical or office work shall be 
paid less than at the rate of $14.00 per week except that office boys, 
laboratory boys, and messengers shall be paid not less than at the 
rate of $12.00 per week. Such class of employees shall not exceed 
10% of the total number of employees in a plant, but each plant 
may have at least one such employee. 

FEMALE employees 

Section 3. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. Any female employees replacing male employees shall be 
paid at least the same rate of wages as the employees whom they 
displace. 

HANDICAPPED PERSONS 

Section 4. A person whose earning capacity is limited because of 
age or physical or mental handicap or other infirmity may be em- 
ploj'ed on light work at a wage below the minimum established by 
this Code if the employer obtains from the State authority desig- 
nated by the United States Department of Labor a certificate author- 
izing his employment at such wages and for such hours as shall be 
stated in the certificate. The State Authority shall be guided by 
the instructions of the United States Department of Labor in issuing 
such certificates. 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. 

piecework COMPENSATION — MINIMUM WAGES 

Section 5. This article establishes a minimum rate of pay which 
shall apply, irrespective of whether an employee is actually com- 
pensated on a time rate, piecework, or other basis. 

WAGES ABOVE THE MINIMUM 

Section 6. Employers shall not reduce the rates of wages for 
employees whose rates are now in excess of the minimum rate of 
wages (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 emplo3^ees 



26 

prior to the effective date of this Code by an equitable readjustment 
of all wage rates such employer shall readjust all such wage rates. 
This provision shall be interpreted in the same manner that Para- 
graph 7 of the President's Reemployment Agreement has been in- 
teri)reted by the Administrator in Interpretations No. 1 and 20. 
All adjustments made shall be reported to the Code Authority 
within oO days after the effective date of this Code. 

Article V — Genebal Labor 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 
harzardous in nature or dangerous to health. The Code Authority 
shall submit to the Administrator for his approval within thirty 
(30) days after the effective date hereof a list of such operations 
or occupations. In any State an employer shall be deemed to have 
complied with this provision as to age if he shall have on file a 
certificate or permit duly signed by the Authority in such State 
empowered to issue employment or age certificates or permits show- 
ing 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 
protection. 

(b) No employee and no one seeking employment shall be re- 
quired as a condition of emplojmient 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 emplo3mient approved 
or prescribed by the President. 

RECLASSIFICATION OF EMPLOYEES 

Section 3. No employer shall reclassify employees or duties of oc- 
cupations 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. Evcrj^ emplo3^er shall provide for the safety and health 
of employees during the hours and at the places of their emi^loyment. 
Standards for safety and health shall be submitted by the Code 
Authority to the Administrator for his approval within three months 
after the effective date of the Code. 



27 

STATE LAWS 

Section 5. No provision of 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 the 
hour, wage and general labor provisions of this Code in conspicuous 
places accessible to all employees. Every member of the Industry 
shall comply with all rules and regulations relative to the posting of 
provisions of Codes of Fair Competition which may from time to 
time be prescribed by the Administrator. 

DISMISSAL FOR REASON OF COMPLAINT 

Section 7. 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. 

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

authoritt 

organization and constitution 

Section 1. A Code Authority is hereby established and shall be 
known as the Code Authority of the Adhesive and Ink Industry. 
The Industry shall be classified into two divisions, known as (1) 
Adhesive Division, (2) Ink Division. 

Section 2. The Code Authority shall consist of twelve (12) mem- 
bers of the Industry to be selected as follows: Six (6) members of 
the Code Authority shall be elected by the members of the Adhesive 
Division by a fair method of selection; and six (6) members of the 
Code Authority shall be elected by the members of the Ink Division 
by a fair method of selection. The method of selection shall be fair 
and subject to the approval of the Administrator. 

Section 3. In addition thereto, there may be three (3) members, 
without vote and without compensation from the Industry, to be 
appointed by the Administrator to serve for such terms as he may 
specify. 

Section 4. The members of the Code Authority for each Division 
selected as above set forth shall respectively act as a separate and 
distinct Divisional and Fair Practice Agency for their respective 
Divisions, all to the end that each Division shall be independent and 
self-governing in all problems relating exclusively to such Division. 
Recommendations put into effect under this paragraph and the oper- 
ation thereof shall be subject to the approval of the Administrator. 

Section 5. In order that the Code Authority shall at all times be 
truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Administrator may prescribe such 



28 

hearings as he may deem proper; and thereafter if he shall find that 
the Code Authority is not triil}'^ representative or does not in other 
respects comply with the provisions of the Act, may require an 
appropriate modification in the method of selection or composition 
of the Code Authority. 

Section 6. 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 any- 
one for any act of any other member, officer, agent or employee of 
the Code Authority. Nor shall any member of the Code Authority, 
exercising reasonable diligence in the conduct of his duties hereunder 
be liable to anj'one for any action or omission to act under this 
Code, except for his own willful malfeasance or nonfeasance. 

Section 7. Each trade or industrial association directly or indi- 
rectl}' participating in the selection or activities of the Code Author- 
ity shall (1) impose no inequitable restrictions on membership, and 
(2) submit to the Administrator true copies of its articles of asso- 
ciation, by-laws, regulations, and any amendments when made 
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 8. If the Administrator shall at any time determine that 
any action of a Code Authority or any agency thereof may be 
unfair or unjust or contrary to the public interest, the Administrator 
may require that such action be suspended to afford an opportunity 
for investigation of the merits of such action and further consider- 
ation 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 9. 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 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 
Authority, members of the industry subject to this 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 Code shall relieve any member of the industry of 
any existing obligations to furnish reports to any Government 
agency. No individual report shall be disclosed to any other mem- 
ber of the Industry or any other party except to such other Govern- 
mental agencies as may be directed by the Administrator. 



29 

(d) To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities provided for 
heroin, i)rovided that nothing herein shall relieve the Code Au- 
thority of its duties or responsibilities under this Code and that such 
trade associations and agencies shall at all times be subject to and 
comply with the provisions hereof. 

(e) To make roconnnendations 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 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 
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 Code Authority, 
determined as hereinabove provided (unless duly exempted from 
making such contribution) and subject to rules and regulations per- 
taining 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 anv emblem or insignia of the National Recoverv 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 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 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 l)y the 
Administrator after such notice and hearing as he may specify. 



30 

(h) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
codes as may be related to the industry for the purpose of formulat- 
ing fair trade practices to govern the relationships between em- 
ployers under this code and under such other codes to the end that 
sucii 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, between 
Members of the Industry and subject to the approval of the Admin- 
istrator, to prescribe rules of procedure and rules to ejffect compliance 
with awards and determinations. 

Article VII — Trade Practice Rules 

Section 1. The following practices constitute unfair methods of 
competition for members of the Adhesive Division, and are pro- 
hibited. 

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

(b) To 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, char- 
acter, nature, finish, material, content or preparation of such goods. 

(c) To publish advertising (whether printed, radio, display or 
of any other nature), which is misleading or inaccurate in any mate- 
rial 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. 

(d) To publish or circulate unjustified or unwarranted threats of 
legal proceedings which tend to or have the eilect of harassing 
competitors or intimidating their customers. 

(e) To give, permit to be given, or offer to give, anything of value 
for the purpose of influencing or rewarding the action of any em- 
ploj^ee, agent, or representative of another in relation to the business 
of the employer, of such employee, the principal of such agent or the 
represented party, without the Itnowledge of such employer, prin- 
cipal 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. 

(f) To attempt to induce the breach of an existing contract be- 
tween a competitor and his customer or source of supply ; nor shall 
any such member interfere with or obstruct tlie performance of sucli 
contractual duties or services. 

(g) To require that the purchase or lease of any goods be pre- 
requisite to the purchase or lease of any other goods. 

(h) To give, rent, loan, or sell any machinery or equipment to any 
customer for use in mixing dry products of any kind except that 
faucets, barrels, or drums for customer accommodation may be sold at 
not less than the seller's individual cost. 



31 

(i) To ship goods on consignment, except to recognized exclusive 
selling agents for exclusive territories. 

Section 2. The following practices constitute unfair methods of 
competition for members of the Ink Division, and are prohibited. 

(a) To give, permit to be given, or offer to give, anj^thing of value 
for the purpose of influencing or rewarding the action of any em- 
j)loveo, 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 knov/ledge of such employer, principal 
or part}'. This provision shall not -be construed to prohibit free and 
general distribution of articles commonly used for advertising ex- 
cept so far as such articles are actually used for commercial bribery 
as hereinabove defined. 

(b) To publish advertising (whether printed, radio, display or of 
any other nature), which is misleading or inaccurate in any ma- 
terial particular, nor shall any member in any way misrepresent any 
goods, (including but without limitation its use, trademark, grade, 
qualit}", 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. 

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

(d) To brand or mark or pack any goods in any manner which 
tend 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. 

(e) To offer or make any payment or allowance of a rebate, re- 
fund, commission credit, unearned discount or excess allowance, 
whether in the form of mone}' or otherwise, nor shall a member of 
the industry secretly offer or extend to a,ny customer any special 
service or privilege not extended to all customers of the same class, 
for the purpose of influencing a sale. 

Article VIII — Export Trade 

Section 1. Xo 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 IX — Modification 

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

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



32 

Article X — INIonopolies, etc. 

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

Article XI — E^FECn^'E Date 

The provisions of this Code shall become effective the second 
Monday after its approval by the President. 



Approved Code N(\ 521. 
Registry No. 614-02. 



O 



Approved Code No. 522 
CODE OF FAIR COMPETITION 

FOR THE 

AUTOMOTIVE CHEMICAL SPECIALTIES 
MANUFACTURING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Code of Fair Competition for the Automotive Chemical 
Specialties Manufacturing Industry 

An application having been dul}^ 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 Automotive Chemical Specialties 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 : 

XOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise ; do hereby incorporate by reference said annexed 
report and do find that said Code complies in all respects with the 
pertinent 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 
immediately upon the establishment of the Code Authority, that 
body shall appoint a committee for the purpose of coordinating this 
Code with codes covering kindred products; within 60 days after 
approval hereof this committee shall make a detailed report to the 
Administrator. 

Hugh S. Johnson, 
Adnninistrator for Industrial Recovery. 

Approval recommended : 

Joseph F. Baitley, 

Acting Division Administrator. 

Washington, D. C, 

September 27, 19S4. 

88217° 1181-117 34 (33) 



REPORT TO THE PRESIDENT 

The President : 

The 'White House. 

Sir: A Public Hearing on the Code of Fair Competition for the 
Automotive Chemical Specialties Manufacturing Industry, sub- 
mitted by the Automotive Chemical Specialties Manufacturers As- 
sociation was conducted in Washington on the 4th of June, 1934, in 
accordance with the provisions of the National Industrial Recovery 
Act, This Association claims to represent eighty -six (86%) per 
cent of the dollar sales volume of the Industry. 

THE INDUSTRY 

The products of the Industry are chemical materials that are 
usually distributed through automobile service channels, such as 
automobile polishes and cleaners, top dressings, brake fluids and so 
forth. Most of the establishments are relatively small independent 
ones or divisions of large concerns engaged in related industries. 
Their number decreased from eighty in 1928 to 61 in 1933 and their 
invested capital from about $7,500,000 in 1928 to $6,500,000 in 1933. 
Production capacity was estimated at more than double 1933 sales. 

The demand for the Industry's products varies with automobile 
production and also with general business conditions. 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

The Code establishes a work week of forty hours per week with 
an eight hour day with a three month averaging period, but in no 
case in excess of forty-eight hours in any one week. 

There are except-ed from the above, technical or professional em- 
ployees, but not including skilled operating personnel, and trusted 
caretakers, who receive more than thirty-five dollars per week. Em- 
ployees in a managerial, supervisory or executive capacity who re- 
ceive thirty-five dollars or more per week; batch operators in con- 
tinuous processes where restriction of hours would unavoidably re- 
duce production and who receive thirty-five dollars or more per week 
are also excepted. 

Employees engaged in emergency maintenance, or emergency 
repair work are excepted from the basic work week, provided 
that in such special cases time and one-third shall be paid for all 
hours worked in excess of forty per week and eight hours in any 
one day. Watchmen are not permitted to work in excess of fifty- 
six hours per week and have one day of rest in every seven day 
period. 

The Code establishes a minimum wage of forty cents per hour, 
except employees engaged in light packaging, filling and wrapping 

(34) 



35 

operations who shall be paid at a rate of thirty-five cents per hour. 
Office and Clerical employees shall be paid at a rate of fifteen dollars 
per week. Commission salespeople are excepted from these provi- 
sions. 

Female employees, where they displace male employees, shall receive 
the same rate of pay as those they displace. The Code Authority 
will submit within ninety days after the effective date of this Code 
a list of occupations in which both men and women are employed. 

There is also provision that no member of the Industry or his 
representative shall accept any rebates, or free services or other 
gratuities from employees, which shall have the effect of a reduction 
in wages. 

ECONOMIC EFFECT OF CODE 

A considerable part of the labor is employed in light packaging, 
filling and wrapping operations. Despite the decrease in dollar 
volume of business the number of employees increased from 1928 to 
1933 and was further increased by compliance with the President's 
Reemployment Agreement and improved business. Working hours 
have been reduced about 23 per cent since 1928. Minimum hourly 
rates decreased about 20 per cent between 1928 and 1933. Following 
the President's Reemployment Agreement the 1929 minimum rates 
were generallv restored. Payrolls were increased about 30 per cent 
during late 1933. 

The Code's maximum hour provisions should lead to even further 
increases in employment with any further improvement in business. 

The minimum hourly wage rates provided in the Code are at 
least as high as those generally paid in 1929. Minimum weekly 
earnings are probably less than those of 1929 because of the shortened 
working hours but should be equivalent to those of 1929 in purchas- 
ing power. 

Some further small increase in payrolls may result from complete 
compliance with the Code's minimum wage provisions and equitable 
adjustments of wage rates above the minimum by employers who 
have not previously made such adjustments. 

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 
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 
industry for the puq^ose of cooperative action amon^ the trade 
groups, by inducing and maintaining united action ot 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 tern- 



36 

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 nonnally employs not more than 50,000 em- 
ploj'^ees; and is not classified by me as a major industry. 

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

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

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

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

For these reasons, this Code of Fair Competition for the Auto- 
motive Chemical Specialties Manufacturing Industry has been 
approved. 

Respectfully, 

Hugh S. Johnson, 

AdTninistrator. 
September 27, 1934. 



CODE OF FAIR COMPETITION FOR THE AUTOMOTIVE 
CHEMICAL SPECIALTIES MANUFACTURING IN- 
DUSTRY 

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 Conijietition for the Automotive Chemical Specialties Manu- 
facturing Industry, and shall be the standard of fair competition 
for this Industry, and shall be binding upon every member thereof. 

Article II — Definitions 

Section 1. The term " Industry " as used herein is defined to 
mean the manufacture and sale by the manufacturer of automotive 
chemical specialties usually sold through wholesalers and other 
channels of distribution; including, but without limitation, such 
products as auto polishes (both liquid and wax), auto body cleaners, 
touch-up enamels, top dressings, radiator cleaners, radiator stop- 
leak compounds (both liquid and powdered), carbon removers, rust 
preventatives for cooling systems, automobile upholstery cleaning 
compounds, windshield cleaning compounds, valve grinding com- 
pounds, auto top cements, gasket cements, shock absorber fluids, 
hydaulic brake fluids, and other kindred automotive chemical spe- 
cialties. 

Section 2. The term " member of the Industry " as used herein 
includes, but without limitation, any individual, partnership, asso- 
ciation, corporation, 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, except a 
member of the Industr3^ 

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

Section 5. The term "ACSMA" as used herein means Automo- 
tive Chemical Specialties Manufacturers Association. 

Section 6. The terms " President ", "Act ", "Administrator " as 
used herein mean respectively the President of the L^nited States, 
Title I of the National Industrial Recovery Act, and the Adminis- 
trator for Industrial Recovery. 

Section 7. The word " wholesaler " as used herein shall mean a 
person, partnership, corporation or other form of enterprise, actually 
engaged in the buying of merchandise and in the reselling of such 
merchandise to retailers, who maintains a regularly established 
place of business, who carriers a merchandise inventory enabling him 
or it to supply the reasonable demands of the clientele served, and 

(37) 



38 

who generally performs the recognized functions of a wholesaler in 
a manner acceptable to his or its suppliers on the one hand, and to 
his or its customers on the other. 

Section 8. The word " retailer " as used herein shall be construed 
to include any and all persons, partnerships, corporations or other 
form of enterprise regularly engaged in the sale of merchandise 
and/or service to the consuming public. 

Article III — Hours 

Section 1. Maximimi Hours. — No employee shall be permitted to 
work in excess of eight (8) hours in any one day, or forty (40) hours 
in any one week. In order to meet peak period demands, employees 
may be permitted to work not more than nine (9) hours in any one 
day, or forty-eight (48) hours in anj^ one week, provided that such 
periods will not exceed twelve (12) weeks in any one year. 

Section 2. ExceptloTis as to Hour's. — The limitation as to hours of 
labor as specified in Section 1 of this Article shall not apply to the 
following : 

(a) Employees in a managerial, supervisory, executivCj technical 
or professional capacity, and trusted caretakers who receive thirty- 
five dollars ($35) or more per week, but not including skilled 
operating personnel; and outside salesmen. 

(b) Batch operators, in cases of emergencies and in continuous 
processes where restriction of hours would work hardships on other 
employees and would unavoidably reduce production, shall receive 
time and one-third for hours worked in excess of forty (40) hours 
per week, eight (8) hours per day. 

(c) Emploj^ees engaged in emergency maintenance, or emergency 
repair work involving breakdown or protection of life or property; 
provided, that in such special cases not less than one and one-third 
(II/3) times the normal wage rate for any employee so employed 
shall be paid for all hours worked in excess of forty (40) hours in 
any week, or eight (8) hours in any day. 

Section 3. If any employee, with the exception of those employees 
included in Section 2 (a) who receive thirty-five ($35) dollars or 
more per week and outside salesmen, and those engaged in a man- 
agerial, supervisory or executive capacity who receive thirty-five 
($35) dollars or more per week, works in excess of eight (8) hours 
in any twenty-four (24) hour period, or in excess of forty (40) hours 
in any calendar week, the wage paid for such excess hours shall not 
l>e less than one and one-third (l^/s) times the regular w\ige rate. 

Section 4. AYatchmen shall not be permitted to work in excess of 
fifty-six (56) hours per week and shall have one (1) day of rest in 
each seven (7) day period. 

Section 5. No employee shall be permitted to work more than six 
(6) days in any seven (7) day period. 

Article IV — Wages 

Section 1. Mmimum Wages. — No employee shall be paid less than 
at the rate of forty cents (400) per hour except: 



J 



39 

(a) Employees engaged in light packaging, filling and wrapping 
operations who shall be paid at a rate not less than thirty-five cents 
(350) per hour. 

(b) Office and clerical employees who shall be paid at a rate not 
less than fifteen dollars ($15) per week. 

Section 2. Fc/naJe Employees. — Female employees performing sub- 
stantially the same work as male employees shall receive the same 
rate of pay as male employees ; and where they displace men, they 
shall receive the same rate of earnings as the men they displace. The 
Code Authority shall within ninety (90) days after the effective date 
of this Code file Avith the Administrator a description of all occupa- 
tions in the Industry in which both men and women are employed. 

Section 3. Piecework Compensation — Minimum Wages. — This 
article establishes a minimum compensation for each class of em- 
ployee which shall apply, irrespective of whether an employee is 
actually compensated on a time rate, piece work, or other basis. 

Section 4. Wages Above Minimum. — Equitable adjustments in all 
pay schedules of employees shall be made within thirty (30) days 
after the effective date of this Code by any employer who has not 
lieretofore made such adjustments under the National Industrial 
Recovery Act. In no case shall rates be reduced. Within sixty (60) 
days after the effective date of this Code, all such adjustments made 
under the Act shall be reported to the Code Authorit}'^ and to the 
Administrator. 

Section 5. Payment of Wages. — An employer shall make payment 
of all wages due in lawful currency or by negotiable check, therefor, 
payable on demand. These wages shall be exempt from any pay- 
ments for pensions, insurance, or sick benefits other than those 
voluntarily paid by wage earners, or required by state laws. Wages 
shall be paid at least at the end of eveiy two (2) week period, 
and salaries at least at the end of every month. No employer shall 
withhold wages or salaries. 

Section 6. Handicapped Persons. — A person whose earning capac- 
ity is limited because of age or 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 employer obtains from the State 
authority designated by the United States Department of Labor a 
certificate authorizing his emploj'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 em- 
ployed by him. showing the wages paid to, and the maximum hours 
of such work for such employee. 

Article V — General Labor and Other Provisions 

Section 1. Child Lahor. — No person under sixteen (16) years of 
age shall be employed in the Industry in any capacity. No person 
under eighteen (18) years of age shall be employed at operations or 
occupations which are hazardous in nature or dangerous to health. 
The Code Authority shall submit to the Administrator within sixty 



40 

(60) days after the approval of this Code a list of such operations or 
0(iCupations. 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 show- 
ing that the employee is of the required age. 

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

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

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

OECTION 3. State Lams. — No provision in this Code shall supersede 
any State or Federal law which imposes on employers more stringent 
requirements as to age of employees, wages, hours of work, or as to 
safety, health, sanitary or general working conditions, or insurance, 
or fire protection, than are imposed by this Code. 

Section 4. Evasion Through Subterfuge. — No employer shall re- 
classify employees or duties of occupations performed or engage in 
any other subterfuge so as to defeat the purpose or provisions of the 
Act or of this Code. 

Section 5. Posting. — All employers shall post and keep posted 
copies of the labor provisions of this Code in conspicuous places ac- 
cessible to all employees. Every member of the Industry shall com- 
ply with all rules and regulations relative to the posting or provi- 
sions of Codes of Fair Competition which may from time to time 
be prescribed by the Administrator. 

Section 6. 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 three months after the effective date of the Code. 

Section 7. Emyloyment hy Several Employers. — No employer shall 
knowingly permit any employee to work for any time which, when 
added to the time spent at work for another employer or employers 
in this Industry or any other Industry or trade, exceeds the maxi- 
mum permitted herein. 

Section 8. No member of the Industry or his representative shall 
accept anj' rebates, or free services or other gratuities from em- 
ployees, which shall have the effect of a reduction in wages. 

Section 9. Dismissal for Complaint. — No employee shall be dis- 
missed or demoted by reason of making a complaint or giving evi- 
dence with respect to an alleged violation of this Code. 



41 

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

Authority 

Section 1. Organization and C onstitution. — To further effectuate 
the policies of the Act a Code Authority is hereby set up to cooperate 
with the Administrator in the administration of this Code. 

Section 2. The Code Authority shall consist of seven (7) mem- 
bers, five (5) of whom shall be members of the Executive Committee 
of the Automotive Chemical Specialties Manufacturers Association,, 
and two (2) of whom shall be representatives of the members of the 
Industrj' who are non-members of the association and shall be elected 
by a fair method of election approved by the Administrator, and 
if said non-member representatives are not elected within a reason- 
able time, then the Administrator shall designate such two repre- 
sentatives. 

Section 3. In addition to membership as above provided, not more 
than three (3) members, without vote and without compensation 
from the Industry, to be known as Administration Members, may be 
appointed by the Administrator to serve for such terms as he may 
specify. 

Section 4. 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 as- 
sociation, by-laws, regulations and any amendments when made 
thereto, together with such other information as membership, organ- 
ization, and activities as the Administrator may deem necessary 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 prescribe 
such hearings as he may deem proper ; and thereafter if he shall find 
that the Code Authority is not truly representative or does not in 
other respects comply with the provisions of the Act, may require 
an appropriate modification of the Code Authority. 

Section 6. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor shall 
an}' member of the Code Authority be liable in any manner to any- 
one for any act of any other member, officer, agent or employee of 
the Code Authority. Nor shall any member of the Code Authority, 
exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act under 
this Code, except for his own wilful malfeasance or non-feasance. 

Section 7. 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 wliich 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. 



42 

Section 8. Poioers 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 required to be submitted to the Code j 
Authority, members of the Industry subject to this 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 Code shall relieve any member of the Industry of 
any existing obligations to furnish reports to any Governmental , 
agency. No individual reports shall be disclosed to any other mem- \ 
ber of the Industry or 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 Au- 
thority of its duties or responsibilities under this Code and that such 
trade associations and agencies shall at all times be subject to and 
comply with the provisions hereof. 

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

(f) 1. It being found necessary in order to support the admin- 
istration of this Code and to maintain the standards of fair compe- 
tition established hereunder and to effectuate the policy of the Act, 
the Code Authority is authorized : 

(a) To incur such reasonable obligations as are necessary and ! 
proper for the foregoing purposes, and to meet such oljliga- 
tions out of funds which may be raised as hereinafter provided 
and which shall be held in trust for the ]3urposes 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 and 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 o:^ 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 necessar}'^, to institute legal pro- 
ceedings therefor in its own name. 

2. Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the Administrator. 
Only members of the Industry complying with the Code and con- 



43 

tributing to the expenses of its administration as hereinabove pro- 
vided (unless duly exempted from making such contribution) snail 
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- 
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 anj^ 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 emploj^ment, 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 
t 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- 
ployers under this Code and under such other codes, to the end 
that such fair trade practices may be proposed to the Administrator 
as amendments to this Code and such other codes. 

Article VII — Cost Accounting and Filing 

Section 1. The 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 industr3^ 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 and prices. 

Section 2. (a) Within thirty (30) days after the effective date 
of this Code each member of the Industry shall file with a confi- 
dential and disinterested agent of the Code Authority his or its cur- 
rent price schedules for his or its standard brand products together 
with freight allowances, if any, and all other terms and conditions 
of sale, which schedules shall completely and accurately conform to 
and represent the individual pricing practices of said member. Re- 
vised price lists, discounts, freight allowances, etc., may be filed from 
time to time thereafter by any member of the Industry, and shall 
become effective immediately upon receipt thereof by said agent. 
Immediately upon receipt thereof said agent shall, by telegraph or 



44 i 

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 
distributed to all members of the Industry and to all of their custom- 
ers wlio have applied therefor and have offered to defray the cost 
actually incurred by the said agent in the preparation and distribu- 
tion thereof, and be available for inspection by any of their custom- 
ers 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 the 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 said agent shall maintain a permanent file of 
all price terms filed as herein provided, and shall not destroy any 
part of such records except on written consent of the Administrator, 
upon request said agent shall furnish to the Administrator, or any' 
duly designated agent of the Administrator, copies of any 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 prod- 
ucts 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, 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 by the use of intimidation, coercion or any 
other influence inconsistent Avith the maintenance of the free and 
open market, which it is the purpose of this Article to create. 

Article VIII — Trade Practice Rules 

The following practices constitute unfair methods of competition 
for members of the Industry and are prohibited : 

Section 1. 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 em- 
ployer, 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. 

Section 2. To offer or give prizes, premiums, or gifts in connec- 
tion with the sale of products, or as an inducement thereto, by any 
scheme which involves lottery, misrepresentation or fraud, in any 
manner which involves commercial bribery or to any customers 
when not offered to all customers of the same class in the trade area. 

Section 3. To brand or mark or pack any goods in any manner 
which is intended to or does deceive or mislead purchasers with 



45 

respect to the brand, ^ade, quality, quantity, orij^in, size, substance, 
character, nature, finish, material content, or preparation of such 
goods. 

Section 4. To induce or to attempt to induce the breach of existing 
contracts between competitors and their customers by any false or 
deceptive means, or to interfere with or obstruct the perfonnance of 
any such contractual duties or services by any such means with the 
purpose and effect of hampering, injuring, or embarrassing competi- 
tors in their business. 

Section 5. To defame a competitor by falsely imputing to him dis- 
honorable conduct, inability to perform contracts, questionable credit 
standing, or by other false representation, or by falsely disparaging 
the grade or quality of his goods. 

Section 6. To imitate trade marks, labels, trade names, slogans, 
and/or packages of other manufacturers so as to deceive or have the 
tendency to deceive customers or prospective customers. 

Section 7. To publish advertising (whether printed, radio, dis- 
play, or of any other nature) which is misleading or inaccurate in 
any material particular; to misrepresent in any way any goods, 
(including but without limitation its use, trade mark, grade, quan- 
tity, origin, size, substance, character, nature, finish, material, con- 
tent, or preparation), or credit terms, policies, values, services or the 
nature or form of the business conducted. 

Section 8. To secure confidential information concerning the busi- 
ness of a competitor by false or misleading statement, or representa- 
tion by a false impersonation of one in authority, by bribery or by 
any other unfair method. 

Section 9. To guarantee the resale of merchandise for a whole- 
sale or retail customer. 

Section 10. To purchase or take in exchange from a wholesaler or 
retailer the goods of a competitor for one's own merchandise, or allow 
or facilitate such an exchange or purchase to be made by one's 
salesmen, agents, jobbers, or other representatives. 

Section 11. To encourage or in any manner promote the use of a 
competitor's advertising, trade name, or slogan in an effort to bring 
about the sale or use of one's own products as a substitute for the 
merchandise of such competitor. 

Section 12. To sell or ship merchandise on consignment. 

Section 13. Knowingly to withhold from or insert in any quota- 
tion or invoice any statement that makes it inaccurate in any material 
particular. 

Article IX — Modification 

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

Section 3. Such provisions of this Code as are not required to be 
included therein by the Act, may, with the approval of the Adminis- 
trator, be modified or eliminated in such manner as may be indicated 
by needs of the public, by changes in circumstances, or by experience. 



46 

Article X — 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 XI — Monopolies, Etc. 

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 XII — Effective Date 

Section 1. This Code shall become effective on the tenth (10th) 
day after its approval by the Administrator. 



Approved Code No. 522. 
Registry No. 699-22. 



o 



Approved Code No. 523 
CODE OF FAIR COMPETITION 

FOR THE 

BOOK PUBLISHING INDUSTRY 

As Approved on October 1, 1934 



ORDER 



ArPHO\iNG Code of Fair Competitiox for the Book Publishinq 

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

XOW. THEREFORE, on behalf of the President of the United 
States. "We, the National Industrial Recovery Board, pursuant to 
authority vested in us by Executive Orders of the President, includ- 
ing Executive Order No. 6859, dated September 27, 1934, and other- 
wise; do hereby incorporate, by reference, said annexed report and 
do find that said Code of Fair Competition as constituted 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 be and is hereby approved. ^ 

National Industrial Reco^'ery Board, 
By G. A. Lynch, Admimstrative Officer. 

Approval recommended : 

Jack B. Tate, 

Acting Division Administrator. 

Washington. D.C, 

October, 1, 193J^. 

89383" 1244-14 34 (47) 



REPORT TO THE PRESIDENT 

The President, 

The White Eov.se. 

Sir: This is a report on the proposed Code of Fair Competition 
for the Book Publishing Industry. A public hearing was held on 
this proposed Code on May 24th, 1934, and full opportunity was 
given to all interested parties to appear. 

The proposed Code consists of a Basic Code and five Divisional 
Codes covering the Bible Publishing Industry, Medical and Allied 
Book Publishing Industry, Play and Dramatic Text Publishing 
Industry, Subscription and Mail Order Book Publishing Industry, 
and Trade Book Publishing Industry. This Basic Code and the 
five Divisional Codes consist of administrative provisions, fair trade 
practice provisions, and wage and hour provisions. 

EXTENT OF THE INDUSTRY 

This Book Publishing Industry is relatively small insofar as 
number of employees, annual sales, and invested capital, are con- 
cerned, but is of great importance viewed in the light of the influ- 
ence that its product has upon the cultural and educational life 
of this country. 

The Book Publishing Industry represents approximately only 
two-tenths of 1 per cent of the value of all manufactured products. 

In geographical distribution the publishing industry is heavily 
concentrated on the Eastern Seaboard. The overwhelming pro- 
portion of books sold are the product of less than 350 publishers. 
No less than 104 firms or thirty per cent, including most of the 
larger houses, are located in New York. Subsidiary centers are 
found in Boston (17 firms), Philadelphia (15 firms), and Chicago 
(11 firms.) The other publishers arc scattered over 28 States, no 
more than three, however, being in any one state. 

CAPITAL INVESTMENT 

The capital investment of the Industrv declined about 10 per cent 
between 1929 and 1933. In 1929 it was ^$134,019,278.00 and in 1933, 
$121,075,071.00. Nearly 50 per cent of the capital investment of 
the Book Publishing Industry is centered in the Text Book Pub- 
lishing Industry and a little over 20 per cent in the Trade Book 
Publishing Industry. 

The annual sales in the Book Publishing Business in 1929 were 
approximately $153,200,000.00, and in 1933 approximately $85,000,- 
000.00, which represents a drop of nearly 45 per cent since 1929. 

(48) 



49 

EMPLOYEES 

The publishing^ business is essentially a white collar industry with 
virtually no machine workers, and comparatively few manual work- 
ers of any sort. Employees of the Book Publishing Industry are 
largely confined to the editorial staff, clerical workers of various 
sorts, salesmen, etc.. The number of salaried employees in the Book 
Publishing Industry was 22.238 in 1929. In 1933 the number of 
employees fell to 17,233, a decline of nearly 23 per cent. 

AVENUES OF DISTTaBUTIGN 

There are three main channels of distribution in the Book Trade. 
The first, and largest, is direct to consumer, meaning by this term 
mainly libraries, boards of education, colleges and schools, and other 
educational institutions, both public and private, rather than indi- 
vidual purchasers. Sales to these groups amounted to nearly 45 
per cent of the total sales for 1929. The next channel is sales to 
dealers, both wholesale and retail, the per cent being 14 per cent for 
the former, and 28 per cent for the latter. The third outlet is the 
wholesale branches of the publishers themselves, the per cent being 
12 per cent. Finally some sales are made to agents, commission men, 
and direct to individual purchasers. 

Insofar as the distribution of books to the ultimate purchaser is 
concerned, 48 per cent obtained are through general book stores, 29 
per cent through department stores, 7 per cent through circulating 
libraries, 5 per cent through drug stores, and 11 per cent through 
outlets not specified, largely through book clubs and direct by mail- 
order buying. 

FINDINGS 

The Assistant Deputy Administrator in his final report to us on the 
proposed Code of Fair Competition for the Book Publishing Indus- 
try, having found as herein set forth, and on the basis of all the 
proceedings on this matter: 

We find that: 

(a) The said Code is well designed to promote the policies and 
purposes of Title I of the National Industrial Recovery Act includ- 
ing: the removal of obstructions to the free flow of interstate and 
foreign commerce M'hicli 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, 
b}' 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 industrj'. 

(b) The Code complies in all respects with the pertinent provi- 
sions of said Title of said Act, including without limitation Subsec- 



50 

tion (a) of Section 3, Subsection (a) of Section 7 and Subsection 
(b) of Section 10 thereof ; that the groups submitting this Code are 
truly rejiresentative of the aforesaid Industry and the divisions 
thereof, and that the applicant Associations or groups impose no 
inequitable restrictions on admission to membership therein. 

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

(d) The Code is not designed to and will not eliminate or op- 
press 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. 

We believe the Code to be fair to labor, to the consumer, and to 
the industry, and for these reasons, therefore, we approve this Code. 
Kespectfully, 

National Industrial IIeco\'ert Board, 

By G. A. Lunch, Ad^rninistrative Officer. 
October 1, 1934. 



CODE OF FAIR COMPETITION FOR THE BOOK 
PUBLISHING INDUSTRY 

BASIC CODE 

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 Book Publishing Industry, and its provisions shall be standards 
of fair competition for such Industry an dshall be binding upon 
every member thereof. 

Article II — Definitions 

Section 1. The terms " Book Publishing Industry " or "Industry " 
as used herein shall mean the business of publishing, contracting with 
authors for the publication of, acquiring copyrights of, and/or sales 
rights of, and/or contracting for printing and binding of single vol- 
umes or multiple-volume books. 

Section 2. The t^rm " Division " as used herein means such con- 
cerns or departments of concerns as may be engaged in the publish- 
ing of books in the different lines mentioned in Article VI, Section 1. 

Section 3. The terms '* Member of the Divisions," or " Member 
of the Division," or " Member of the Industry," as used herein 
includes, but without limitation, any individual, partnership, asso- 
ciation, corporation, or other form of enterprise engaged in any of 
the Divisions, either as an employer or on his or its own behalf. 

Section 4. The term " employee " as used herein includes any and 
all persons engaged in the industry, however compensated, except a 
member of the industry. 

Section 5. The term " employer " as used herein includes anj^ono 
by whom such employee is compensated or employed. 

Section G. The term " Code Authority " as used herein is defined 
to mean the administrative agency of each Division. 

Section 7. The term " Book Publishing Coordinating Board " as 
used herein is defined to mean the coordinating agency of the Book 
Publishing Industry with such administrative powers and duties as 
are hereinafter expressly conferred upon it. 

Section 8. The term "Act " as used herein means, Title I of the 
National Industrial Recovery Act. 

Section 9. The term " President " as used herein means the Presi- 
dent of the United States, or any officer, agent, or employee to whom 
any of his functions have been or may be delegated pursuant to Sec- 
tion 2 (b) of the Act. 

Section 10. The term " dealer " means any person, firm, associa- 
tion, or corporation, doing business at wholesale or retail, whether 

(51) 



52 

or not controlled by a member of the industry through stock owner- 
ship or otherwise, to whom or to which a member of the industry 
furnishes books in the course of distribution, for cash on whole or 
partial credit, on consignment, or on any other arrangement or 
undertaking. 

Section 11. Population for the purposes of this Code shall be 
determined by reference to the latest Federal Census. 

Article III — Hours 

Section 1. No employee shall be permitted to work in excess of 
forty (40) hours in any 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. 

Section 2. A tolerance period not to exceed sixty-four (64) hours 
in any one year is allowed for employees indispensably necessary to 
the conduct of business during peak periods, during which time such 
employees may be permitted to work not to exceed forty-eight (48) 
hours per week; provided, however, that for any hours or fractions 
of hours worked in excess of eight (8) hours in any twenty-four (24) 
hour period any such employee shall be paid at the overtime rate of 
time and one-third. 

Section 3. Employees engaged in maintenance or outside service 
work shall be permitted to work not more than forty-five (45) hours 
in any one week, or nine (9) hours in any twenty-four (24) hour 
period, beginning at midnight, except as herein otherwise provided. 
A normal work day for these employees shall not exceed nine (9) 
hours. 

Section 4. The provisions of this Article shall not apply to persons 
employed in a managerial or executive capacity (including editors 
and lawyers) who earn regularly thirty-nve ($35.00) dollars per 
week, or more, or outside salesmen, nor to collectors when paid on a 
commission basis. 

Section 5. No employee shall be permitted to work more than six 
(6) days in any seven (7) day period. 

Section 6. No member of the industry shall knowingly permit 
any employee to work for any time which, when added to the time 
spent at work for another member of the industry exceeds the max- 
imum permitted herein. 

Article IV — Wages 

Section 1. Except as hereinafter provided, the minimum wage 
that shall be paid in the Divisions to any employee shall not be less 
than fifteen ($15.00) dollars per week in any city of over 500,000 
population, or in the immediate trade area thereof; nor less than 
fourteen dollars and fifty cents ($14.50) per week in any city of 
between 250,000 and 500,000 population, or in the immediate trade 
area thereof; nor less than fourteen ($14.00) dollars per week in 
any city or place of less than 250,000 population, or in the immediate 
trade area thereof. The provisions of this Article shall not apply to 
outside salesmen and/or collectors when paid on a commission 
basis. 



53 

Section 2. No office boy, office girl, or messenger, shall be paid 
less than 80% of the niininiimi wage provided in Section 1 for the 
applicable population area. 

Section 3. No employee who is engaged in part-time work, ag- 
gregating less than six hours per day, shall be j^aid less than at the 
rate of forty (40) cents per hour; provided, however, that it shall 
constitute a violation of this Code for any member of the industry 
to split shifts or otherwise to deprive regular full-time employees of 
the benefits of such full time employment. 

Section 4. This Article establishes minimum rates of pay which 
shall apply to all employees except outside salesmen and/or col- 
lectors when paid on connnission basis. 

Section 5. No member of the industry shall reduce the weekly 
wages of an employee receiving above the minimum provided in 
this Article because the hours of work of such employee have been 
reduced under Article XIX of this Code, 

Section 6. Female employees performing substantially the same 
work as male emploj'ees shall receive the same rate of pay as male 
employees. 

Section 7. A person whose earning capacity is limited because of 
age, i^hysical or mental handicap, or other infirmity may be em- 
})loyed 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 persons 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 member shall 
file monthly with the Code Authority a list of all such persons 
employed bj^ him, showing the wages paid to, and tlie maximum 
hours of work for each employee. 

Section 8. No provision in this Code shall modify established 
practice or privileges as to vacation periods, leaves of absences, or 
temporary absences from work heretofore granted to employees. 

Section 9. All members of this industry shall make payment of 
all wages due in lawful currency, or by negotiable check therefor 
payaljlo on demand at par. If wages are paid by check, the em- 
ployer shall provide reasonably accessible facilities for cashing 
checks at face value without expense to the employee. Members 
shall also provide such identification as is necessary to utilize such 
facilities. 

Section 10. Wages shall be payable at the end of each weekly 
period. Wages 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. Members or their agents 
shall not accept, directly or indirectly, rebates on such wages, nor 
give anything of value, or extend any favors to any person for the 
purpose of influencing rates of wages or w^orking conditions of their 
employees. 

Section 11. The ])rovisions of the foregoing Section regarding 
payment of wages at the end of each w^eekly period shall not apply 
to persons employed in executive, administrative, and supervisory 
capacity who earn in excess of thirty-five ($35.00) dollars per week, 

89383' 1244-14 34 2 



54 

nor to persons omployecl in clerical or office work. The wages for 
persons enijiloj^ed in clerical or office work shall be payable at least J 
s€mi-inonthly. ' 

Article V — General Lajsor Provisions 

Section 1. No person under eighteen (18) years of age shall be * 
employed in the industry except office bo3's, office girls, messengers 
and the like. No person under sixteen (16) years of age shall he 
employed in the industry in an}^ capacity. In any State any member 
shall be deemed to have complied Avith the provisions as to ago 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 th^ required age. 

Section 2. (a) Employees sliall have the right to organize and 
bargain collectively tlirough representatives of their own choosing 
and shall be free from the interference, restraint, or coercion of em- 
ployers of labor, or their agents, in the designation of srich represent- 
atives, or in self-organization, or in other concerted activities for 
ihe 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 own choosing, and 

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

Section 3. (a) No member of the industry shall reclassify em- 
];)loyces or duties of occupation performed, or engage in any other 
subterfuge, so as to defeat the purposes or provisions of the Act or of 
this Code. 

(b) No employee now employed at rates in excess of the minimum 
shall be discharged and reemployed at a lower rate foi- the ])urpose 
of evading the provisions of this Code. 

Section 4. Every member shall make reasonable provisions for 
the safety and health of employees during tlie hours and at the 
places of their employment. Standards for safety and health shall 
be submitted by the Code Authority to the National Industrial Re- 
covery Board within sixty (60) days after the effective date of the 
Code. After approval, such standards sliall become the minimum 
.standards of safety and health for all members of this industry. 

Section 5. No provisions in this Code shall supersede any State or 
Federal Law which imposes on members 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 
l)rotection, than are imposed by this Code. 

Section 6. All members shall post and keep jiosted copies of this 
Code in cons])i('Uous places accessible to all om])loyees. Every mem- 
ber of the industry shall comply with all rules and regulations rela- 
tive to posting of provisions whicli may from time to time be pre- 
scribed by the National Industrial Recovery Board. 



55 

Section 7. No employee shall be dismissed or demoted by reason 
of makinji^ a complaint, or pivint; evidence, >vith respect to an alleged 
violation of (his Code. 

Article VI — (ieneral Administrative Provisions 

Section 1. The Book Publishing Divisions, each of which shall be 
administered by a Code Authority established in accordance with 
the provisions of the Divisional Codes, respectively, hereinafter re- 
ferred to, are as follows: 

A. Bible Publishing Division. 

B. Law liook Publishing Division. 

C. Medical and Allied Book Publishing Division. 

D. Play and Dramatic Text Publishing Division. 

E. Subscription and INIail Order Book Publishing Division. 

F. Text Book l^ublishing Division. 

G. Trade Book Publishing Division. 

(a) Definitions of the foregoing Divisions, and provisions ap- 
plicable oidy to members of each'Division, shall be contained in the 
several Divisional Codes wdiich shall constitute su])pk'n)ents hereto 
upon their approval by the National Industrial Recovery Board. 

(b) The provisions of this Code are basically applicable to and 
binding upon all members of the Book Publishing Industry. This 
Code may bo referred to as the Basic Code for the Book l*ublishing 
Industry. 

(c) Upon request of any trade association, organization, or group 
of employers, representative of the Law Book Publishers, the Book 
Publishing Coordinating P^oard may make application to the Na- 
tional Industrial Recovery Board for amendment to this Code au- 
thorizing the inclusion herein of a Divisional Code for the Law Book 
Publishing Industry, and upon order by the National Industrial 
Recovery Board the Divisional Code for the Lavv- Book Publishing 
Industry shall be incorporated as a Division, of this Code. 

(d) Upon approval of this Code, any Code of Fair Competition 
which may be approved for the Text I5ook Publishing Industiy 
shall upon order of the National Industrial Recovery Board, be in- 
corporated as a Division hereof with such modifications as may be 
necessary to secure conformity with the provisions of this Code. 

(e) Where the nature of the business in which a member of the 
industry is engaged, or the product or products it produces, would, 
under the definitions set forth in two or more Divisional Codes, 
subject such member to administration under more than one Code 
Authority, the Book Publishing Coordinating Board shall di^ter- 
mine, subject to review of the National Industrial Recovery Board, 
under which Code Authority or Code Authorities such memb<'r, or 
departments thereof, arc subject to administration; provided, how- 
ever, that each such member shall be given equitable representation 
on each Code Authority to whose administration it may be then sub- 
jected, and that such member shall bear its equitable share of the 
costs of the administration by each such Code Authority. 

(f) No member of a Code Authority or of the Book I'ublishing 
Coordinating Board shall sit in any proceeding involving any i)art 
with whom he is identified or connected in any way or in which he 



56 

lias any financial interest. In case of such disqualification, the Code 
Authority or the Book Publishing Coordinating Board, as the case 
may be, shall designate a substitute to sit as a member ad hoc during 
the consideration and determination of such a proceeding. 

Section 2. Subject to such rules and regulations as may be issued 
by the National Industrial Kecovcry Board, each Code Authority 
shall have the foHowing powers and duties — 

(a) To insure the execution of the provisions of this Code insofar 
as it applies to its Division and its own Divisional Code concerning 
fair practice and distribution relating to its Division. 

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

(c) To obtain from members of its Division through a confidential 
agency such information and reports as are required for the admin- 
istration of this Code and its Divisional Code. In addition to infor- 
mation required to be submitted to the Code Authority, members of 
the industry subject to this Code, shall furnish such statistical infor- 
mation as the National Industrial Recovery Board may deem neces- 
sary for the purposes recited in Section 3 (a) of the Act to such 
Federal and State agencies as the' Board may designate; provided 
that nothing in this Code shall relieve any member of the industry 
of any existing obligations to furnish reports to any government 
agency. No individual report shall be disclosed to any other member 
of the industry or any otlier party except to such governmental 
agencies as may be directed by the National Industrial Recovery 
Board. 

(d) To use such agencies as it deems proper for carrying out of 
any of its activities provided for herein or in its Divisional Code; 
provided that nothing herein shall relieve the Code Authority of its 
duties or responsibilities under this Code and such Divisional Code, 
and that such agencies shall at all times be subject to and comply 
with the provisions hereof. 

(e) To be responsible for the payment of its Division's share of 
the expenses of administering this Code by the Book Publishing 
Coordinating Board. 

(f ) To designate one of its members as a regular member of the 
Book Publishing Coordinating Board, established in Section 9 here- 
of ; and to designate another of its members as an alternate member 
of the Book Publishing Coordinating Board; who shall be entitled 
to sit upon said Book Publishing Coordinating Board in the absence 
of the regular member. In the event of any resignation or termina- 
tion of membership on the Book Publishing Coordinating Board of 
any member for any cau.se, the Code Authority originally designating 
such member shall designate his successor. The members of the 
Book Publishing Coordinating Board and their alternates shall be 
subject to recall and replacement by the respective Code Authorities 
designating such members. 

Section 3. If the National Indust) ial Recovery Board shall at any 
time determine that any action of a Code Authority or any agency 
thereof may be unfaii- or unjust or contrary to the public interest, 
the National Industrial Recovery Board nuiy re(iuire that such ac- 
tion be suspended to afford an opportunity for investigation of the 
merits of such action further consideration by a Code Authority or 
agency pending final action which shall not be effected miless the 
National Industrial Recovery Board approves or unless the Board 



57 

shall fail to disiipprove after thirty (30) days' notice to the Board 
of intention to proceed witli such action in its original or modified 
form. 

Section 4. In order that the Code Authority shall at all times bo 
truly representative of its Division and in other respects comply 
with the provisions of the Act, the National Industrial Recovery 
Board may prescribe sucli hearings as the Board may deem proper; 
and thereafter if the Board shall find that a Code Authority is not 
truly representative, or does not in other respects comply with the 
provisions of the Act, the Board may require an ai)propriate modifi- 
cation of such Code Authority. 

Section 5. 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 National Industrial Recovery Board true 
copies of its articles of association, by-laws, regulations, and any 
amendments Avhen made thereto, together with such other informa- 
tion as to membership, organization, and activities, as the National 
Industrial Recovery Board may deem necessai*y to effectuate the 
purposes of the Act. 

Section 6 (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, each Code Authority is authorized : 

(1) To incur such reasonable obligations as are necessary and 
pro])er for the foregoing purposes, and to meet such obligations out 
of funds wliich may be raised as hereinafter provided and which 
shall be held in trust for the purposes of the Code : 

(2) To submit to the National Industrial Recovery Board for the 
Board's approval, subject to such notice and opportunity to be 
heard as the Board 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 Division. 

(3) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine 
and obtain equitable contribution as above set forth by all members 
of the Division ; and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

(b) Each member of the Division shall i)ay 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 National Industrial Re- 
covery Board. Only members of the industry complying with the 
Code and contributing to the expenses of its administration as herein- 
above provided (unless duly exempted from making such contribu- 
tions), shall be entitled to participate in the selection of members of 
the Code Authority or to receive the benefits of any of its voluntary 
activities or to make use of any emblem or insignia of the National 
Recovery Administration. 

(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 National 



58 

Industrial Eecovery Board, and no subsequent budget ,shall contain 
any deficiency items for expenditures in excess of prior budget esti- 
mates except' those which tlie National Industrial Recovery Board 
shall have so approved. 

Section 7. Nothing contained in this Code shall constitute the 
members of a Code Authority partners for any purpose. Nor shall 
any member of a 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 a Code Authority exer- 
cising reasonable diligence in the conduct of his duties hereunder, 
be liable to anyone for any action or omission to act under this Code, 
except for his' own wilful maHeasance or nonfeasance. 

Section 8. Organization and Constitution of Book Publishing 
Coordinating Board. 

(a) A National Coordinating Committee to be known as the Book 
Publishing Coordinating Board is hereby established. 

(b) The Book Publishing Coordinating Board shall consist of not 
less than five (5) members, or such other number as may be necessary 
to provide one (1) member only on the Book Publishing Coordinat- 
ing Board .for each Division. 

(c) Each member of the Book Publishing Coordinating Board 
shall have an equal vote upon all questions, motions, resolutions, or 
issues coining before said Board. 

(d) 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 National Industrial Recovery 
Board, to serve for such terms as the Board may specify, without 
expense to the Industry. 

(e) The members of the Book Publishing Coordinating Board 
(other than the Administration members) shall be designated by the 
respective Code Authorities within thirty days after they shall sev- 
erally be established under their respective Divisional Codes, and 
annually thereafter. Pending the completion of the Book Publish- 
ing Coordinating Board by designations as aforesaid, any four or 
more members in office shall have all the powers of the full Book 
Publishing Coordinating Board. 

Section 9. PoAvers and Duties of the Book Publishing Coordinat- 
ing Board — 

(a) The Book Publishing Coordinating Board shall have the 
power and duty subject to such rules and regulations as may be issued 
by the National Industrial Recovery Board, to insure the execution 
of the provisions of this Code relating to hours, Avages, and conditions 
of employment, and to provide for the compliance of the Divisions 
with the provisions of the Act. 

(b) The Book Publishing Coordinating Board shall have the fur- 
ther powers and duties, subject to such rules and regulations as may 
be issued by the National Industrial Recovery Board. 

(1) To adopt by-laws and rules and regulations for its procedure 
and for the administration of the Code, in accordance with the 
powers herein granted, and to submit the same to the National Indus- 
trial Recovery Board for its approval together Avith true copies of 
any amendments or additions when made thereto, minutes of meet- 
ings when held, and such other information concerning its activities 



59 

as the National Industrial Recovery Board may deem necessary to 
effect the purposes of the Act. 

(2) To obtain, throuf^h a confidential agency of its designation, 
from the Code Authorities such information and reports as are 
required for the administration of the Code; and to require the 
submission of such information and reports by members of the In- 
dustry to tlieir respective Code Authorities in case such Code Authori- 
ties shall fail or refuse to collect such information and reports, or 
require such submission. All such information and reports shall 
be kept confidential and shall not be disclosed to any member of 
the Industry or any other party except to such Governmental agen- 
cies as may be directed by the National Industrial Recovery Board, 
provided that summaries and compilations thereof which do not dis- 
close the identity of any member of the Industry may be prepared 
and furnished to the Code Authority concerned. 

(3) To coordinate the rules and regulations of the Divisional Code 
Authorities concerning the administration of this Code and the sev- 
eral divisional Codes and to review and coordinate costing and 
accounting principles and methods, and trade practices, but only 
to the extent that such review or coordination will insure fair com- 
petition, and will not, except as otherwise herein provided, interfere 
with the functioning of the separate Code Authority for each 
Division. 

(4) To adjust differences that may arise between Divisional Code 
Authorities, or between a member of the Industry and a Code 
Authority to which such member is not subject or whose jurisdiction 
he disputes, or between members of the Industry subject to different 
Code Authorities, or different Divisional Codes. 

(5) To represent any Code Authority and/or member of the In- 
dustry before the National Recovery Administration, M'hen called 
upon so to do by such Code Authority or member of the Industry. 

(6) To incur such reasonable obligations as are necessary and 
proper for the discharge of its duties hereunder and to meet such 
obligations out of funds contributed by the several Code Authorities 
as hereinbefore provided. It shall prepare an itemized budiret of its 
estimated expenses, together with a statement showing each Divi- 
sion's proposed share thereof, and shall submit the same to the several 
Code Authorities for inclusion in the budgets to be presented by 
them respectively to the National Industrial Recovery Board for the 
Board's approval as hereinbefore provided. 

(7) To make recommendations to the National Industrial Recovery 
Board for the coordination of the administration of this Code with 
such other Codes, if any, as may be related to or affect members of 
the Industry. 

(8) To bring to the attention of the proper Code Authorities ques- 
tions as to jurisdiction arising out of the definitions set forth in 
the Divisional Codes, or discrepancies appearing in the provisions 
contained in the Divisional Codes; and to reconnnend to such Code 
Authorities the action to be taken with respect thereto. 

(9) To recommend to the National Industrial Recovery Board 
any action or measures deemed advisable, including furtlier fair 
trade practice provisions to govern members of the Industry in 
their relations with each other or with any other industry; measures 



60 

for industrial planning, and stabilization of employment ; and includ- 
ing modifications of this Code which shall become effective as part 
hereof upon approval by the National Industrial Recovery Board 
after such notice and hearing as the Board may specify. 

(10) 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 Book Publishing Industry for the 
purpose of formulating fair trade practices to govern the relation- 
ships between members of the Industry under this Code and under 
such other Codes, to the end that such fair trade practice may be 
proposed to the National Industrial Recovery Board as amendments 
to this Code and such other Codes. 

(11) To use such agencies as it deems proper for the carrying 
out of any of its activities provided for herein ; provided that noth- 
ing herein shall relieve the Book Publishing Coordinating Board of 
its duties or responsibilities under this Code, and that such agencies 
shall at all times be subject to and comply with the provisions hereof. 

(12) To provide appropriate facilities for arbitration for mem- 
bers of the Industry who may desire to use the same, and subject 
to the approval of the National Industrial Recovery Board ; also 
to prescribe rules of procedure to effect compliance with awards and 
determination of cases where such arbitration procedure may 
have been chosen by all members involved in any such arbitration 
proceeding. 

(13) The powers, authority, and duties of the Book Publishing 
Coordinating Board relating to the administration of this Code 
shall be strictly limited to those hereinbefore specifically granted or 
imposed. 

(14) Nothing contained in this Code shall constitute the members 
of the Book Publishing Coordinating Board partners for any pur- 
pose. Nor shall any member of the IBook Publishing Coordinating 
Board be liable in any manner to anyone for any act of any other 
member, officer, agent or employee of the Book Publishing Coordi- 
nating Board. Nor shall any member of the Book Publishing 
Coordinating Board, exercising reasonable diligence in the conduct 
of his duties hereunder, be liable to anyone for any action or omis- 
sion to act under this Code, except for his own wilful malfeasance 
or nonfeasance. 

Article VII — Modification 

Section 1. This Code and the Divisional Codes hereunder 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 Title I 
of said Act. 

Section 2. Such of the provisions of this Code and the Divisional 
Codes hereunder as are not required to be included herein by the 
Act may, with the approval of the National Industrial Recovery 
Board, be modified or eliminated in such manner as may be indicated 
by the needs of the Public, by changes in circumstances, or by ex- 
perience. All the provisions of this Code and the Divisional Codes 
hereunder, unless so modified or eliminated, shall remain in effect 
until June IG, 1935. 



61 

Article VIII — Monopolies, Etc. 

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

Article IX — Price Increases 

'\^liereas the polic}^ of the Act to increase real purchasing power 
"svill 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 cost. 

Article X — Export Trade 

No provision of this Code or any Divisional 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 defined in the Export Trade Act adopted April 
10, 1918. 

Article XI — Effectiat: Date 

This Code and each Divisional Code shall become effective on the 
second Monday after its approval by the National Industrial 
Recovery Board. 

Approved Code No. 523. 
Registry No. 501-13. 



89383° 1244-14 34 3 



DIVISIONAL CODE A 
BIBLE PUBLISHING DIVISION 

To effectuate the policies of Title I of the National Industrial 
Recovery Act. thLs Divisional Code is established as a Supplemental 
Code of Fair Competition for the Bihle FuhJisJiing Divhion of the 
Book Publishing Industr}' pursuant to the Basic Code of Fair Com- 
petition for the said Book Publishing Industrj'^ approved by the 
President of the United States on October 1, W'A: and all pro- 
visions of the said Basic Code which are not in conflict with the pro- 
visions of this Divisional Code are hereby specifically incorporated 
by reference in this Divisional Code and made part hereof. Such 
provisions of the Basic Code with the supplementing provisions of 
this Code are the standards of fair competition for, and are binding 
upon every member of the said Bihle Puhlishing Division of the 
Book Publishing Industry. 

Article I — Definitions 

Section 1. The term "Bible Publishing Division " as used herein, 
includes the publication and sale by a publisher of Bibles, the business 
of contracting with authors for, acquiring copyrights of, and con- 
tracting for the printing and binding of Bibles by those who dis- 
tribute Bibles predominantly through wholesale and retail outlets. 

Section 2. The term " Bibles " as used herein, includes all Bibles 
sold primarily at retail. 

Section 3. The word " Bible " as used herein, is meant to signify 
the King James Version, Revised, American Revised Versions, or 
such other Versions of the Holy Bible as are derived in main from 
these aforementioned Versions, also parts of the Bible as Testaments, 
and individual Books of the Bible. 

Section 4. The term " Division " as used herein, shall include all 
members of the Division. 

Section 5. The term " Dealer " as u.sed herein, means any person, 
firm, association, or corporation doing business at wholesale or retail, 
whether or not controlled by a member of the Division through stock 
ownership or otherwise, to whom or to which a member of the 
Division furnishes Bibles in the course of distribution, for cash, on 
whole or partial credit, on consignment, or on any other arrangement 
or understanding. 

Section G. The term " Wholesaler " as usc^l herein, includes dealers 
who maintain a regular warehouse from which deliveries are made 
to retail dealers. 

SEcnoN 7. The term " Publication Date ", as used herein, means 
the date of the formal release of a Bible by its publisher for resale 
by the retail trade. 

Article II — Administrative Provisions 

Section 1. A Code Authority is hereby established for the Bib'e 
Publisliing Division, consisting of not less than three persons to be 

(62) 



G3 

elected by monil)ors of the Division by ])nllot (cast by rep^istered mail 
or by proxy) from amon<>f the personnel of such members. 

Tlie sponsors of this Code, rei)resentin<5 the majority of the mem- 
bers of the Division, shall be known as the Division's Temporary 
Code Authority, (T.C.A.) and as such committee sliall select a nomi- 
nating committee of thi'ce membci-s, wliich shall cause ballots to bo 
j)repared containin*^ the names of not less than six nominees, not 
more than one of whom shall he from any one member of tho 
Division, including; subsidiaries or afliliates thereof, with blank 
spaces for three additional nominees. Said nominee shall be fairly 
representative of large and small publishers and of other groups in 
the Division. 

Tlie election sliall l)e subject to such ndes as the National Indus- 
trial liecovery Board may prescribe. One vote for each oflicc may 
be cast by each member of the Division, provided that not less than 
fifteen (15) days' notice of such election shall be given to all known, 
members of the Division; provided further that the majoi"ity of tho 
votes cast for each office shall represent comi)anies whose total volume 
of Bible sales was more than one-half of the total volume of Biblo 
sales of the Division in the calendar year next preceding the date 
of the election. 

The term of office of elected members of the Code Authority shall 
be one year, or until their successors are duly elected and (jualified. 

Subsequent elections shall be conducted in the same manner as 
above outlined, unless the National Industrial Recovery Board, or 
the Code Autliority, with the approval of the National Industrial 
Recovery Board, shall decide that .some other method is more desir- 
able and eil'ective in giving e(|ual representation on the Code Author- 
ity to all members of the Division. 

Skction 2. In addition to membership as above; j)i'()vided, thero 
may be one member without vote to be known as Administration 
member, to be appointed by the National Industi'ial Recovery lioaid 
to .serve for such term as the National Industrial Recovery Board 
may specify without expense to the Division or Industry. 

Article III — Tradk Practice Rules 

Rule 1. No member of the Division shall publisli 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 misrei)resent any goods (including, but without 
limitation, their use, tracle murk, grade, (juality, (juantity, origin, 
size, substance, character, nature, finish, nuiterial, content, or prej)a- 
ration) or credit terms, values, policies, services, or the nature or 
form of the business conducted. 

Rile '2. No member of the Industry shall use advertising or sell- 
ing methods or credit terms which might reasonably have the capac- 
ity or tendency to deceive or mislead the customer or prospectivo 
customer. 

Rule 3. No member of the Industry^ shall knowingly withhold 
froni or insert in any quotation or invoice any statement that makes 
it inaccurate in any material particular. 



64 

Rule 4. To preserve a sound trade structure and health distribu- 
tion, and for the benefit of wholesalers and retailers themselves, trade 
discounts shall be given only to wholesalers or jobbers, to retailers 
stocking and handling Bibles for resale, and to agents and canvassers. 
13ible publishers shall give institutional discounts to public4ibraries, 
school and college libraries, and to institutions and associations for 
institutional purposes, and by courtesy to other publishers. In the 
interest of the retailer, the Bible publishers shall not grant a dis- 
count to clergy and ministers and other church workers purchasing 
for their personal needs. 

Rule 5. Publishers shall not sell Bibles on consignment except 
for bona fide exhibition and display. 

Rule 6. No member of the Division shall use advertising or other 
representation which refers inaccurately in any material particular 
to any competitor or his commodities, prices, values, credit terms, 
policies, or services. 

Rule T. Salesmen's solicited orders may be shipped to points 
"West of Denver in June and to points East of Denver in July with 
bills dated October 1, 2 percent ten days, net December 1. Other 
shipments to be billed on regular terms 2 percent ten days and/or 
2 joercent E. O. M. net sixty days. 

Rule 8. 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. 

Rule 9. No member of the Industry shall secretly offer or make 
any payment or allowance of a rebate, refund, commission, credit, 
unearned discount, or excess allowance, whether in the form of 
money or otherwise; nor shall a member of the Industry secretly 
offer or extend to any customer any special service or privilege not 
extended to all customers of the same class, for the purpose of influ- 
encing a sale. 

Rule 10. 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 
emplo3'ee, the principal of such agent or the represented partj^ with- 
out the knowledge of such employer, principal or party. This pro- 
vision shall not be construed to prohibit 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. 

Rule 11. 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 inter- 
fere 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 12. No member of the Division shall reproduce in facsimile 
or imitate or employ the format or design of a Bible already on 
the list of another publisher, or reproduce by photography or by 
any other facsimile method a Bible which is the property of another 
publisher. 



DIVISIONAL CODE C 
MEDICAL AND ALLIED BOOK PUBLISHING DIVISION 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, this Divisional Code is establislied as a Supplemental 
Code of Fair Competition for the Medical and Allied Book Pub- 
lishing Division of the Book Publishing Division of the Book Pub- 
lishing Industiy, pursuant to the provisions of the Basic Code of 
Fair Competition for the said Book Publishing Industry, approved 
by the President of the United States on October 1, 1934. All pro- 
visions of the said Basic Code which are not in conflict with the 
provisions of this Divisional Code are hereby specifically incorporated 
by reference in this Divisional Code and made a part hereof. Such 
provisions of the Basic Code with the supplementing provisions of 
this code are the standards of fair competition for, and are binding 
upon every member of the said Medical and Allied Book Publishing 
Division of the Book Publishing Industry. 

Article 1 — Definitions 

Section 1. The term " Medical and Allied Book Publishing Divi- 
sion " as used herein, includes the publication and sale by a publisher 
of medical and allied books ; contracting with authors for the publi- 
cation of, acquiring copyrights of, and contracting for the printing 
and binding of medical and allied books; and the distribution of 
medical and allied books through wholesale and retail outlets. 

Section 2. The term " Medical and Allied Books " as used herein, 
includes all books relating primarily to the study and practice of 
INIedicine, Dentistry, and Pharmacy (and their subdivisions), and 
of the Natural Sciences, with the exception of books included in 
other divisions of the Basic Code. 

Section 3. The term " Division " as used herein, includes all mem- 
bers of the Division. 

Section 4. The term " Dealer " as used herein, means any person, 
firm, association, or corporation, doing business at wholesale or re- 
tail, whether or not controlled by a member of the Division through 
stock ownership or otherwise, to whom or to which a member of the 
Division furnishes medical and allied books in the course of distri- 
bution, for cash, on whole or partial credit, on consignment, or on 
any other arrangement or understanding. 

Section 5. The term '• "Wholesaler " is defined to mean a busi- 
ness organization whose general business is the distribution of books 
to retailers for resale, or a business organization with which a pub- 
lisher may make specific agreements for the distribution of his books 
in quantity lots for resale or otherwise. 

Section 6. The term " Retailer " is defined to mean an established 
bookstore, student bookstore, or a representative duly appointed to 

(65) 



66 

sell books to students in medical and allied schools; provided, how- 
ever, that each publisher or dealer may appoint only one such repre- 
sentative (exclusive of bookstores) in or for any one school. 

Section 7. The term " Publication Date " as used herein means 
the date of the formal release of a book by its publisher for resale by 
the retail trade. 

Article II — Administrative Proaisioxs 

Section 1. A Code Authority is hereby established for the Med- 
ical and Allied Book Publishing Division, consisting of five (5) 
persons to be elected by members of the Division by ballot (cast by 
registered mail or by proxy) from among the personnel of such 
members. 

The sponsors of this Code, representing the majoritj^ of the mem- 
bers of the Division, shall be known as the Division's Temporary 
Code Authority, (T.C.A.) and as such committee shall select a nomi- 
nating committee of three members, which shall cause ballots to be 
prepared containing the names of not less than eight (8) nominees, 
not more than one of whom shall be from any one member of the 
Division, including subsidiaries or affiliates thereof, with blank 
spaces for five (5) additional nominees. Said nominees shall be 
fairly representative of large and small publishers and of other 
groups in the Division. 

The election shall be subject to such rules as the National Industrial 
Recovery Board may prescribe. One vote for each office may be cast 
by each member of the Division, provided that not less than fifteen 
(15) days' notice of such election shall be given to all known mem- 
bers of the Division ; provided further that the majority of the votes 
cast for each office shall represent companies whose total volume of 
Medical and Allied Book sales was more than one-half of the total 
volume of Medical and Allied Book sales of the Division in the cal- 
endar year next preceding the date of the election. 

The term of office of elected members of the Code Authority shall 
be one year, or until their successors are duly elected and qualified. 

Subsequent elections shall be conducted in the same manner as 
above outlined, unless the National Industrial Recovery Board, or 
the Code Authority, with the approval of the National Industrial 
Recovery Board, shall decide that some other method is more 
desirable and effective in giving equal representation on the Code 
Authority to all members of the Division. 

Section 2. In addition to membership as above provided, there 
may be one member, without vote, to be known as Administration 
Member, to be appointed by the National Industrial Recovery Board 
to serve for such term as the National Industrial Recovery Board 
may specify, without expense to the Industry. 

Article III — Trade Practice Rules 

GENERAL DEFINITION 

For all purposes of this Divisional Code the acts described in this 
Article shall constitute unfair practices. Any member of the Divi- 
gion who shall directly or indirectly through any officer, employee, 



67 

agent or representative, knowino^ly use, employ, or permit to Ijo 
employed, any of such unfair practices shall be guilty of a violation 
of tliis Code. 

Ki:"X,E 1. Members of this Division shall give trade discounts only 
(a) to wholesalers, (b) to retailers, (c) to other publishing houses, 
and (d) to authors, underwriters, and/or financial sponsors of their 
own books. Dealers receiving a discount shall in all cases be re- 
quired to pay transportation charges from tlie publishers' shipping 
l)oint. 

RrxE 2. Members of this Division may give discounts for insti- 
tutional purposes only to libraries, schools, colleges, (including 
members of the faculty for institutional purposes), the Federal Gov- 
ernment, any State or municipal government, incorporated philan- 
thropic institutions and to other agencies of a public character. 

Rule 3. A member of this Division shall not remainder a book 
at a bargain price until two years after publication. Xo book which 
is to be revised shall be remaindered until two years after the date 
of publication of the revision, nor shall any rebate thereon be made 
to a dealer, nor any consideration be granted that would permit any 
such books to be remaindered within said period. 

Rule 4. Xo member of the Division shall use advertising (whether 
printed, radio, display, or of any other nature) or other representa- 
tion which is inaccurate in any material particular or in any way 
misrepresents any commodity (including but without limitation its 
use, grade, qualit}^ origin, size, finish, material, content, trade mark, 
or preparation), or credit terms, values, policies, services, or the 
nature, or form of the business conducted. 

Rule 5. Xo member of this Division shall use advertising or sell- 
ing methods or credit terms which might reasonably be construed to 
have the capacity or tendency to deceive or mislead the customer or 
prospective customer. 

Rule 6. Xo member of this Division shall use advertising or other 
representation which refers inaccurately in any material particular 
to any competitors or their commodities, prices, values, credit terms, 
policies, or services. 

Rule 7. Xo member of this Division shall publish or circularize 
unjustified or unwarranted threats of legal proceedings which tend 
to, or have the effect of harassing competitors or intimidating their 
customers. 

Rule 8. Xo member of this Division 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, for the purpose of influencing a 
sale, offer or extend to any customer any special service or privilege 
not openly extended to all customers of the same class. 

Rule 9. Xo member of this Division shall give, permit to be given, 
or directly offer to give anything of value for tlie purpose of influenc- 
ing or rewarding the action of any employee, agent, or rc]:)resentative 
of another in relation to the business of the employer of such em- 
ployee, the principal of such agent, or the represented party, without 
the knowledge of such employer, principal, or party. This provision 
shall not be construed to prohibit free and general distribution of 



68 

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

Rule 10. No member of this Division shall attempt to induce the 
breach of an existing contract between a competitor and his emploj^ee 
or customer or source of supply ; nor shall any such member interfere 
with or obstruct the performance of such contractual duties or 
services. 



DIVISIONAL CODE D 
PLAY AND DRAMATIC TEXT PUBLISHING DIM:SI0N 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, this Divisional Code is established as a Supplemental 
Code of Fair Competition for the Play and Dramatic Text Publish- 
ing Division of the Book Publishing Industry, pursuant to the pro- 
visions of the Basic Code of Fair Competition for the said Book 
Publishino- Industry, approved by the President of the United States 
on October 1, 1934. All provisions of said Basic Code which are not 
in conflict with the provisions of this Divisional Code are hereby 
specificalh' incorporated by reference in this Divisional Code and 
made a part hereof. Such provisions of the Basic Code with the 
supplementing provisions of this code are the standards of fair com- 
petition for, and are binding upon every member of the said Play 
and Dramatic Text Puhlishing Division of the Book Publishing In- 
dustry. 

Article I — Definitions 

Section 1. The term " Play and Dramatic Text Publishing Divi- 
sion " as used herein includes the publication and sale by a publisher 
of, contracting with authors for the publication of, acquiring copy- 
rights of, contracting for the printing and binding of, in any way 
reproducing for sale, or licensing for public presentation, plays and 
dramatic text. 

Section 2. The term " Division " as used herein, shall include all 
members of the Division. 

Section 3. The term '' Dealer " as used herein means any person, 
firm, association, or corporation, doing business at wholesale, or re- 
tail, whether or not controlled by a member of the Division through 
stock-ownei"ship or otherwise, to whom or to which a member of the 
Division furnishes plays or dramatic texts in course of distribution, 
for cash, on whole or partial credit, on consignment, or on any other 
arrangement or understanding. 

Section 4. The term '* Wholesaler " as used herein means a dealer 
who maintains a regular warehouse, carrying a general stock of books 
in sufficient volume to give general wholesale service to the retail 
trade. 

Section 5. The term " Eoyalty " is used herein to mean a license 
fee charged for the light to present publicly a play or dramatic 
text. 

Article II — Administrative PRO^^sIoxs 

Section 1. A Code Authority is hereby established for the Play 
and Dramatic Text Publishing Division, consisting of five persons 
to be elected by members of the Division by ballot (cast by registered 
mail or by proxy) fi'om among the personnel of sucli meml)ers. 

(69) 



70 

The sponsors of this Code, representing the majority of the mem- 
bers of the Division, shall be known as the Division's Temporary 
Code Authority (T, C. A.), and as such committee shall select a 
nominatina- eonnnittee of three members, which shall cause ballots 
to be prepared containing the names of not less than eight nominees, 
not more than one of whom shall be from any one member of the 
Division, including subsidiaries or affiliates thereof, with blank spaces 
for five (5) additional nominees. Said nominees shall be fairly 
representative of large and small publishers and of other groups in 
the Division. 

The election shall be subject to such rules as the National Indus- 
trial Recovery Board may prescribe. One (1) vote for each office 
may be cast by each member of the Division, provided that not less 
than fifteen (15) days' notice of such election shall be given to all 
known members of the Division : provided further that the majority 
of the votes cast for each office shall represent companies Avhose total 
volume of Play and Dramatic Text sales was more than one-half 
(I/2) of the total volume of Play and Dramatic Text sales of the 
Division in the calendar year next preceding the date of the election. 

The term of office of elected members of the Code Authority shall 
be one (1) year or until their successors are duly elected and qualified. 

Subsequent elections shall be conducted in the same manner as 
above outlined, unless the National Industrial Recovery Board, or 
the Code Authority, with the approval of the National Industrial 
Recovery Board, shall decide that some other method is more desir- 
able and effective in giving equal representation on the Code 
Authority to all members of the Division. 

Section 2. In addition to membership as above provided, there 
may be one member, without vote, to be known as the Administration 
Member, to be appointed by the National Industrial Recovery Board 
to serve for such term as the Board may specify, without expense to 
the Division. 

Article III — Trade Practice Rules 

Rule 1. No member of the Division shall use advertising of any 
nature which knowingly misrepresents in any material particular 
a jniblished play or dramatic text or Avhich misrepresents business 
policies and terms. 

Rule 2. No member of the Division shall use advertising methods 
or selling terms which might reasonably be construed to have the 
capacity or tendency to deceive or mislead the customer or pros- 
pective customer. 

Rt^LE 3. No member of the Division shall knowingly withhold or 
insert in any quotation or invoice, any statement that makes it in- 
accurate in any material particular. 

HuLE 4. No member of the Division shall defame a competitor by 
falsely imputing to him dishonorable conduct, inability to perform 
contracts, questionable credit standing, or by other false repre- 
sentation, or by falsely disparaging the grade or quality of his goods. 

Rule 5. No member of the Division shall give, permit to be given, 
or offer to give anything of value for tlie purpose of influencing or 
rewarding tiie action of any employee, agent, or representative of 
another in relation to the business of the employer of such employee, 



71 

the principal of such aofent, or the represented party, without the 
knowledge of such employer, jirincipal or party. This provision 
shall not be construed to prohibit free and general distribution of 
articles commonly used for advertising exce])t as far as such articles 
are actually used for commercial bribery as hereinbefore defined. 

Rule G. Xo member of the Division shall wilfully induce or at- 
tempt to induce the breach of existing contracts between competitors 
and their customers by an}'^ 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 hamper- 
ing, injuring or embarrassing comj>etitors in their business. 

Rule 7. Xo member of the Division shall violate any provisions 
governing piracy of samples and design which may be adopted by 
the Code Authority and approved by the Xational Industrial Re- 
covery Board. 



DIVISIONAL CODE B 
Subscription and Mail Order Book Publishing Division 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, this Divisional Code is established as a Supplemental 
Code of Fair Competition for the Siihscrlptlon and Mail Order 
Book Publkhing Division of the Book Publishing Industry, pur- 
suant to the provisions of the Basic Code of Fair Competition for 
the said Book Publishing Industry approved by the President of the 
United States on October 1, 103*1. All provisions of the said Basic 
Code which are not in conflict with the provisions of this Divisional 
Code are hereby specifically incorporated by reference in this Divi- 
sional Code and made a part hereof. Such provisions of the Basic 
Code with the supplementing provisions of this Code are the stand- 
ards of fair competition for, and are binding upon every member of 
the said Subscription and Mail Order Book Publishing Division of 
the Book Publishing Industry. 

Article I — Definitions 

Section 1. The term " Subscription and Mail Order Book Pub- 
lishing Division ", as used herein, includes the publication, contract- 
ing with authors for the publication of, acquiring copyrights or 
salesrights of, contracting for the printing and binding of, or in any 
way reproducing for sale, and/or selling any book or set of books, at 
least sixty percent (60% ) of the sales of which by any member of the 
Division, during the calendar year prior to membership under this 
Code, were made by outside salesmen direct to the buyer, and/or 
by mail. 

Section 2. The term " Division " as used herein, includes all mem- 
bers of the Division. 

Section. 3. The term " Trade Book ", as used herein, means and 
includes, an edition of any book manufactured or published for sale 
by bookstores. It does not include, however, editions of trade books 
manufactured for sale as the regular monthly selection of a book 
club, or editions manufactured and published exclusively for dis- 
tribution by members of the Division. 

Section 4. The terms " Subscription " and/or " Mail Order Book ", 
as used herein, means and includes an edition of any book manufac- 
tured or joublished primarily for sale b}^ outside salesmen and/or by 
mail, direct to the ultimate consumer, not for resale. 

Article II — Organization, Powers and Duties of the Code 

Authority 

Section 1. A Code Authority shall be established to consist of nine 
members, at least one of whom shall be an executive of a jNIail Order 
Publisher, and at least one of whom shall be an executive of a Book 

(72) 



73 

Club. The Members of the Code Authority shall be selected in the 
manner following: 

(a) Within twenty days after the effective date hereof, the code 
sponsors, who are hereby constituted a Tempoi-ary Code Authority 
for that purpose, shall conduct the first election for members of the 
permanent Code Authority. They shall appoint a nominating com- 
mittee consisting of ten persons wlio shall be executives of members 
of the Division, none of whom shall be a member of the Temporary 
Code Authorit}'. Such nominating connnittee shall, by vote of at 
least seven of its members, designate as candidates for the office of 
Code Authority Member, twenty persons employed in executive ca- 
pacities by members of the Division. Said nominees shall be fairly 
representative of large and small publishers and of other groups in 
the Division. The Temporary Code Authority shall cause ballots to 
be prepared containing the names of the twenty nominees selected by 
the nominating c(jmmittee, with blank spaces for nine additional 
names. Opposite the name of each nominee on such ballots there 
shall be placed tlie name of the concern with which he may be iden- 
tified. Xo one member of the Division, including subsidiaries and/or 
affiliates thereof, shall have more than one member either on the 
nominating committee or among the nominees, or upon the Code 
Authorit}'. 

(b) Said ballots shall be forwarded under registered cover to all 
ascertainable members of the Division at least fifteen daj's, but not 
more than twenty-five days, before the date designated for the count- 
ing of votes. 

(c) In the election of members of the Code Authority, eacli mem- 
ber of the Division shall be entitled to cast one vote for each office; 
l^rovided that the majority of the votes cast for each office shall rep- 
resent companies whose total volume of gross receipts was more than 
one-half of the total volume of gross receipts of the Division in the 
calendar year next preceding the date of the election. 

(d) Votes may be cast either for any nominee proposed by the 
nominating connnittee or for the voter's individual choice. 

(e) Members of the Code Authority shall hold office for one year, 
and until their successors are duly elected and qualified. 

(f) All elections after the first shall be conducted by the Code 
Authority then in office in accordance with the foregoing provisions, 
except that all such elections shall he held within the month pre- 
ceding the date of expiration of such Code Authority's term of office. 

(g) If the Code Authority shall deem it necessary, after the first 
election in order to give equitable representation to any Member or 
Members of the Division, to provide for the weighting of votes by 
volume of gross receipts, or otherwise, it shall prepare a plan of 
voting designed to effect such equitable representation, and shall 
afford to each Member of the Division adequate opportunity to ob- 
ject, in writing, to sucli plan of voting. Upon approval by the No. 
tional Industrial Recovery Board of any plan of voting so prepared, 
such ])lan of voting shall be followed in lieu of the procedure out- 
lined in (b) of this Section. 

Section 2. In addition to membership as above provided, there 
may be one (1) member, without vote, to be known as Administra- 
tion Member, to be appointed by the National Industrial Recovery 



74 

Board to serve for such term as the National Industrial Recovery 
Board may specify, without expense to the Division. 

Article III — Trade Practice Rules 

Rile 1. No Member of the Division shall list any name as editor, 
or contributing editor in such manner as to practice deception on 
the public. 

Rule 2. No Member of the Division shall use only the last date 
of copyright and/or eliminate the first copyright date. 

Rule 3. No Member of the Division shall designate any edition 
of any subscription and/or mail order book as " teachers' edition ", 
" school edition ", " project edition " or use any other edition title 
unless such edition title accurately represents a difference in textual 
content from the edition of the same book which is most widely 
offered for sale. 

Rule i. No INIember of the Division shall, with intent to deceive 
the public, use or imitate in his business a competitor's exclusive 
trade name or trade names. 

Rule 5. No Member of tlie Division shall list in any book or hold 
out to the public, either in an}^ form of advertising or by representa- 
tions of salespeople, the name of any editor, contributing editor, 
contributor, reviewer, or revisor, for the purpose of confusing or 
deceiving the buyer as to the extent of the contribution to, or the 
responsibility of the editor, contributing editor, contributor, reviewer, 
or revisor, for any particular article or department. 

Rule 6. No Member of the Division shall use the signature or the 
initials of a person under an article which is the same, or essentially 
the same, as appeared in a previous edition over the signature or 
initials of another. 

Rule 7. No Member of the Division shall use advertising or other 
representation which refers inaccurately in any material part to any 
competitors, or their publications, prices, values, credit terms, 
policies, or selling methods. 

Rule 8. No Member of the Division shall publish advertising 
(whether printed, radio, display, or of any other nature), which is 
misleading or inaccurate in any material particular, nor shall any 
member in any way misrepresent any goods (including but without 
limitation their use, copyriglit, 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 9. No Member of the Division shall use destructive advertis- 
ing, nor through the representations of salespeople or otherwise 
bring to the notice of any buyer, or prospective buyer, statements 
including comparisons of competing book publications stated to be 
based on surveys, questionnaires, or other forms of investigation, 
unless the agencies employed to conduct such surveys, questionnaires, 
or investigations are accurately described at the same time and in 
the same place as the results of such surveys, questionnaires or in- 
vestigations, nor unless such surveys, questionnaires, or investigations 
were conducted by impartial agencies not associated in any way with 
the member advertising or making public the results of such surveys, 
questionnaires or investigations. Nothing in this rule shall prevent 



75 

any member from m:ikin<>; or liavino; made siicli survey's, question- 
naires or investi«^atioiis as he may desire by any agency of his 
choosing, provided tliat in any advertising or other communication 
to buyers of the results of such surveys, questionuaii'es, or investiga- 
tions the originatiou thereof bv the member advertising or otherwise 
communicating tt) the buyers the results of such surveys, question- 
naires, or investigations shall be clearly set forth and not in any way 
concealed or disguised. 

KuLE 10. No Member of tho Division shall attempt to induce the 
breach of an existing contract between a competitor and his employee 
or customer or source of supply ; nor shall any member interfere with 
or obstruct the performance of such contractual duties or services. 

Rule 11. No Member of the Division shall pay any bonus or allow 
any employee or representative to pay any bonu^s to any salesperson 
or other employee of another member, for the purpose of inducing 
such salesperson or T)ther employee to leave the employ of any mem- 
ber and enter that of the member offering or paying such bonus. 

Rule 12. No ^Member of the Division shall secure agents or pro- 
spective agents by misleading or dishonest promises or guarantees 
or failure to explain in advance the condition^ under which the 
guarantee is to be paid, or entice away the agents of competitors by 
such means. 

Rule 13. No ^Member of the Division shall give, permit to be given, 
or otfer to give, an^'thing 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. Tliis provision 
shall not be construed to prohibit free and general distribution of 
articles commonly used for advertising, except so far as such articles 
are actually used for commercial bribery as hereinabove defined. 

Rule 14. No Member of the Division shall represent books that 
are bound in substitutes for leather as being behind in levant, or in 
any way which tends to carry the inference tliat leather bindings are 
used. 

Rule 15. No ]\fember of the Division shall sell simultaneously the 
same or essentially the same, set of books under different titles, or 
under any title that misleads as to content, or that tends to confuse 
Avith some previoa^^ly published work. 

Rule 16. No Member of the Division shall use the so-called 
'• raised " contract by marking up the price of books, or represent 
that the price asked is belo-w the usual price, or that the price will be 
increased, when such is not the fact. 

Rule 17. No Member of the Division shall offer an extension, a 
revision or a continuation service, where the contract made with the 

Eurchaser does not state precisely wdiat the service is; and no Mem- 
er of the Division shall fail to furnish such service to subscribers as 
promised Avithout additional cost to the subscribers, unless such 
additional cost is stated in the contract. 

Rule 18. No Member of the Division shall advertise or represent 
to purchasers or prospective purchasers of any book or set of books, 
that they are only buying or paying for the supi^lements or services, 
or that purchasers are only buying or paying for services to be 
rendered by a research or other bureau, when such is not a fact. 



76 

"Rule 19. No Member of the Division shall represent that a certain 
number of books liavc bsen set aside for advertising purposes to be 
given free, ^vhen such is not a fact ; and no IMember of the Division 
shall represent that a certain number of selected persons in each 
community have been designated by a member of the division to 
secure a book or set of books or an\' form of ser\'ice free, when such 
is not a fact. 

Rule 20. No Member of the Division shall offer membership in 
societies, clubs, and other organizations which in fact do not exist, 
in connection with the sale of bocks; and where a service devoted to 
the answering of inquiries is offered, no Member of the Division 
shall represent it as a service offered by some organizaticm separate 
and apart from the concern selling books, when such organization 
does not exist in fact, and/or actually does not render such service; 
and no ]Member of the Division shall use the names of well-known 
authors, editors or authorities in connection with such offers where 
such persons do not actually answer or supervise the answering of 
inquiries. 

Rule 21. No Member of the Division shall allow any salesperson to 
represent to any buyer, or prospective buyer, that the books offered 
by such salesperson are a specific professional help, published espe- 
cially for teachers, or especially for any profession, or that the con- 
tents of such books deal mainly, or in any major part, with the 
technique or practice of any profession as distinguished from the 
subject matter taught, when such is not the fact. 

Rule 22. No Member of the Division shall directly or indirectly 
make contribution to. or become a member of any public or quasi- 
public organization whose functions, or the functions of any sub- 
division tliereof, include the purchase or the recommendation for 
purchase of tlie publications of any of the Members of the Division. 

Rule 23. No Member of this Division or his employee or repre- 
sentative shall directly or indirectly pay any compensation, bonus, 
or commission, or make any gift to any librarian, teacher, school 
offif'ial. government or officer of a Parent-Teachers Association, or to 
any employee of a library, school, political subdivision, or govern- 
mental department, or to any person, for the purpose of securing 
recommendations and/or influencing sales; provided, however, that 
this rule shall not bs construed to mean that any member of the 
division shall be prevented from employing the classes of persons 
mentioned herein when such employment is for full time during their 
vacation periods, nor shall it prevent the employment of such 
persons as bona fide contributors or editors. 

Rule 24. Members of the Division who may at any time offer for 
sale any trade books as defined in Section 3 of Article I of this Code 
shall be bound as to the sale of such trade books by the provisions, 
other than administrative provisions, of the Code for Retail Book- 
sellers as approved April 13, 1934; provided, however, that this rule 
shall bind the members of the division only within the limits of the 
definition of trade books as contained in Section 3 of Article I. 

Rule 25. No Member of the Division shall use any advertising 
and/or selling methods which tend to deceive or mislead the 
prospective purchaser. 



DIVISIONAL CODE G 
TRADE BOOK PUBLISHIXQ DI\^SION 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, this Divisional Code is established as a Supplemental 
Code of Fair Competition for the Trade Book Publishing Division 
of the Book Publishing Industry, pursuant to the provisions of the 
Basic Code of Fair Competition for the said Book Publishing In- 
dustry, approved by the President of the United States on October 
1, 103-i. All provisions of the said Basic Code which are not in 
conflict with the provisions of this Divisional Code are hereby spe- 
cifically incorporated by reference in this Divisional Code and made 
part hereof. Such provisions of the Basic Code with the supplement- 
ing provisions of this Code are the standards of fair competition for, 
and are binding upon every member of the said Trade Book Publish- 
ing Division of the Book Publishing Industry. 

Article I — Definitions 

Section 1. The term " Trade Book Publishing Division " as used 
herein includes the publication and sale of, the business of contract- 
ing with authors for, acquiring copyrights of, and contracting for 
the printing and binding of trade books, by those who distribute 
trade books predominantly to wholesale and retail outlets. 

Section 2. The term " Trade Books " as used herein, includes all 
books sold primarily at retail, with the exception of books included 
in other divisions of the Basic Code. 

Section 3. The term " Division " as used herein, shall include all 
members of the Division. 

Section 4. The term " Dealer " as used herein, means any person, 
firm, association, or corporation, doing business at wholesale or 
retail, whether or not controlled by a member of the Division 
through stock ownership or otherwise, to whom or to which a mem- 
ber of the Division furnishes trade books in the course of distribu- 
tion, for cash, on whole or partial credit, on consignment, or on any 
other arrangement or understanding. 

Section 5. The term '' Wholesaler " as used herein, means a dealer 
who maintains a regular warehouse, carrying a general stock of 
books in sufficient volume to give general wholesale service to the 
retail trade. 

Section 6. The term " Publication Date " as used herein, means 
the date of the formal release of a book by its publisher for resale by 
the retail trade. 

Section 7. The term "Format" as used herein, means (a) the 
size or shape of the page of a book; and/or (b) the color and pat- 
tern of the cloth used in the binding; and/or the stamping on the 
cover of a book. 

(77) 



78 
Article II — Ad!hinistrati\'e Pro\isions 

Sectiox 1. A Code Authority is hereby established for the Trade 
Book Publishing Division, consisting of nine persons to be elected 
by members of the Division by ballot (cast by registered mail or by 
proxy) from among the personnel of such members. 

The sponsors of this Code, representing the majority of the mem- 
bers of the Division, shall be known as the Division's Temporary 
Code Authority, (T. C. A.) and as such committee shall select a 
nominating committee of not less than three members, -which shall 
cause ballots to be prepared containing the names of twenty nomi- 
nees, not more than one of -whom shall be from any one member of 
the Division, including subsidiaries or affiliates thereof, with blank 
spaces for nine additional nominees. Said nominees shall be fairly 
representative of large and small publishers and of other groups in 
the Division. 

The election shall be subject to such rules as the National Indus- 
trial Recovery Board may prescribe. One vote for each office may 
be cast by each member of the Division, provided that not less than 
fifteen days' notice of such election shall be given to all known mem- 
bers of the Division; provided further that the majority of the votes 
cast for each office shall represent companies whose total vokune of 
trade book sales was more than one-half of the total volume of trade 
book sales of the Division in the calendar year next preceding the 
date of the election. 

The term of office of elected members of the Code Authority 
shall be one year or until their successors are duly elected and 
qualified. 

Subsequent elections shall be conducted in the same manner as 
above outlined, unless the National Industrial Recovery Board, or 
the Code Authority, with the approval of the National Industrial 
Recovery Board, shall decide that some other method is more de- 
sirable and effective in giving equal representation on the Code 
Authority to all members of the Division. 

Sectiox 2. In addition to membership as above provided, there 
mav be one member, without vote, to be known as the Administra- 
tion Member, to be appointed by the National Industrial Recovery 
Board to serve for such term as the National Industrial Recovery 
Board may specify, without expense to the Division. 

Section' 3. The Code Authority shall appoint a subcommittee to 
consist of not less than three or more than five members, to confer 
with a committee selected under the rules to be made b}' the National 
Industrial Recovery Board, to act on all questions arisino^ under 
this Divisional Code or otherwise, which may affect retail book- 
sellers, and a similar subcommittee to act on all questions arising 
under this Divisional Code or otherwise, which may affect edition 
book manufacturers, and may appoint such other subcommittees as 
it may consider necessary to facilitate the administration of this 
Divisional Code and its ' relations with other individuals, groups, 
entities, or organizations. 



79 

Article III — Trade Pkaciice Rules 

Rule 1. No discounts from list prices shall be allowed on regular 
editions (whether original, cheaper editions, or reprint) of trade 
books except to the following entities: (a) to wholesalers; (b) to 
retailers carrj'ing a general stock of books; (c) to rental libraries; 
(d) to authors, underwriters and/or financial sponsors of their own 
books, and to publishing houses and/or their employees, but in no 
case for resale; (e) to book-clubs, state reading circles and sub- 
scription and mail order houses, for resale purposes only; (f) to 
public libraries, schools and school libraries, colleges and college 
libraries, church libraries, charitable organizations, and other public 
agencies for institutional and/or institutional library purposes only. 

Special editions, except as provided in Rules 7 and 8, shall be 
in a dilferent format from regular trade edition, and shall not be 
sold in the wholesale and/or retail book trade. 

Special editions shall not be deemed to include bona fide de luxe 
limited editions. 

Rule 2. Without special written permission of the Code Author- 
ity or of some agency duly designated for such purpose by it, no 
cheaper edition than the original regular trade edition of any copy- 
right non-fiction book may be issued until one j'^ear after its publica- 
tion date in the United States, nor may a popular reprint thereof, 
to retail at one dollar or less, be issued until two years or more after 
date of its original publication without such permission. 

Rule 3. A cheaper edition than the original regular trade edition 
of a copyright both of fiction or a popular reprint thereof, may not 
be issued until one year after the original publication date. 

Rule 4. In all cases cheaper editions of copyright books, retail- 
ing at one dollar or less, shall state plainh'^ on the front or front 
flap of the jacket that the reduction in price has been possible by 

(a) the use of plates made for an original edition at least 

years ago and/or (b) the acceptance by the author of a reduced 
royalty or some similar brief statement of fact approved by the 
Code Authority. 

Rule 5. Any edition of a book included under Rules 2 and 3 of 
this Article which is to be reproduced in motion pictures or as a 
stage play before the lapse of time specified in said subheads, re- 
spectively, may be issued by the publisher (who may also lease plates 
to others for this purpose) if clearly marked ''photoplay edition" 
or "dramatic edition": provided, however, that in such cases com- 
plete credit or allowance shall be made to dealers, wholesale and/or 
retail, on such stock of the original edition as they may then have 
on hand. 

Rule C. Within two years of the publication date in the United 
States, no book shall be sold as a premium to any newspaper or 
periodical if the price of the combination offer is less than one and a 
half times the list price of the book. No book shall be sold as a 
premium, whether given before the consummation of a subscription 
or afterwards, to anyone within two years of the publication date 
in the United States unless it shall be in a format readily distinguish- 
able, as to the binding and jacket, from tlie regular trade edition 
and without price on the wrapper or in the book. 



80 

Any book given before the consummation of a subscription or 
afterwards, in the form of a so-called " book dividend " shall be 
considered to be a premium. 

Rule 7. Nothing in this Article shall be deemed to prevent a pub- 
lisher from making available an educational edition in the same 
format as a trade book at a list price not lower than seventy-five 
percent (76%) of the list price of the regular trade edition. 

EuiJE 8. Where trade books are sold within one year from first 
publication in the United States in special editions to bona fide book 
clubs for distribution through subscription, or where plates are 
leased to them for the making and issuance of special editions and 
their distribution through subscription, such sale or lease shall be 
made only when subject to the written conditions: First, that such 
special edition will, in turn, be issued or distributed only to con- 
sumers who will bind themselves in writing to subscribe to a series 
of selections made monthly or at other regular stated periods ; second, 
that in advertising such special editions in newspapers and/or peri- 
odicals of general circulation, or otherwise to the general public, 
comparisons with the price of the regular edition of the same title 
shall not be made during the first six months after the date of orig- 
inal publication, or if published before July 1 of any year, until 
January 1 of the following year. 

Rule 9. No overstock snail be sold as a remainder by the publisher 
until such stock shall have been on sale for two Christmas seasons, if 
it be fiction, or for two years after publication, if it be nonfiction; 
provided, that in case a bona fide cheaper edition has been issued, 
remainders of neither the original edition nor the cheaper edition 
shall be sold until two years after the issue of the cheaper edition; 
and provided further, that no rebates shall be made to a dealer, or 
any consideration be granted that would permit any such book to be 
remaindered within the above periods. All books sold as remainders 
shall (a) either state plainly on the front of the jacket that the book 
is sold at a reduced price because it is a remainder, or ^b) shall not be 
sold with, or the purchaser be furnished with, a printed jacket or 
wrapper. 

Rule 10. No remainder of any book originally published or copy- 
righted in the United States prior to the effective date of this Divi- 
sional Code shall be sold at less than fifteen percent (15%) of the 
publisher's original list price, nor shall a remainder of any book 
originally published or copyrighted in the United States subsequent 
to the effective date of this Divisional Code be sold at less than 
twenty percent (20%) of the publisher's original list price, except 
that sales at prices below the above limits may be made to a reprint 
house which is bringing out a bona fide cheap edition of said book at 
not less than seventy-five cents (75^) a copy, and which shall not 
put such remainder on sale to the public earlier than the agreed date 
for issuing the bona fide reprint edition ; provided, that where there 
shall be published a bona fide edition at a reduced price the minimum 
remaindering price, as limited by such percentages, shall be in rela- 
tion to the price of the cheaper edition. 

Rule 11. Rules 9 and 10 shall not apply to any imported non- 
coj^yrighted books. 



81 

Rule 12. No member of the Division shall, with intent to deceive, 
reproduce in facsimile or imitate, or deliberately employ the format 
or design of a book already on the list of another publisher. 

Rule 13. No member of the Division shall place or obtain adver- 
tising or publicity which intentionally misstates or distorts material 
facts. 

Rule 14. No member of the Division shall place or obtain adver- 
tising or publicity which shall defame a competitor by falsely dis- 
paraging his product or method of doing business. 

Rule 15. No member of the Division shall place or obtain adver- 
tising or publicity in newspapers and/or periodicals of general cir- 
culation, or otherwise advertise to the general public any statement 
which makes, or which suggests, comparison between the prices of 
reprints or other special editions and regular trade editions of any 
one particular book, during the first six months after the date of 
original publication, or if published before July 1st of any year, until 
January 1st of the following year. 

This rule applies to all trade book publishing individuals, partner- 
chips, associations, corporations, or any other form, of enterprise 
engaged tlierein directly or indirectly, and includes any subsidiary 
enterprise except retail bookstores owned or controlled in whole or in 
part by any member of the Division, whether the form of said owner- 
ship or control be through holding companies, stock ownership or 
otherwise whatsoever. 

Rule 16. No member of the Division shall have books especially 
printed, or lease out plates, or grant other rights for reproduction of 
books, where the purpose thereof is the disposal of such books as 
so-called remainders. 

Rule 17, No member of the Division shall secretly offer or make 
any payment or allowance of a rebate, refund, commission, credit, 
unearned discount, or excess allowance, whether in the form or 
money or otherwise for the purpose of influencing a sale ; or offer or 
extend to any customer any special service or privilege not extended 
to all customers of the same class; or perform any act of unfair 
discrimination in effecting sales or conducting business with his 
customers. 

Ruij: 18. Concurrently with the provisions of Section 3 (a) of the 
Retail Booksellers Division of the Retail Code, no member of the 
Division shall fail to state, publish, establish and announce on the 
wrapper, and to quote upon application, the " list ", i.e. " published " 
price of any book available for sale, except special editions. 

Rule 19. No member of the Division shall intentionally fail to 
state on publisher's invoice and/or original bill the date of publi- 
cation or release for sale of any forthcoming book. 

Rule 20. No member of the Division shall publish advertising 
(whether printed, radio, display, or of any other nature) or other 
representation which is misleading or inaccurate in any material 
particular; nor shall any member in any way misrepresent any com- 
modity (including but without limitation, its use, grade, quality, 
origin, size, finish, material, content, or preparation) or credit terms, 
values, policies, services, or the nature or form of the business 
conducted. 



82 

Rule 21. No member of the Division shall use advertising or sell- 
ing methods or credit terms which might reasonably be construed to 
have the capacity or tendency to deceive or mislead the customer or 
prospective customer. 

Rule 22. No member of the Division shall knowingly withhold 
from any quotation or invoice any statement that makes it inac- 
curate in any material particular, or knowingly insert in any quota- 
tion or invoice any statement that makes it inaccurate in any ma- 
terial particular. 

Rule 23. No member of the Division shall defame a competitor by 
falsely imputing to him dishonorable conduct, inability to perform 
contracts, questionable credit standing, or by other false representa- 
tion, or by falsely disparaging the grade or quality of his goods. 

Rule 24. No member of the Division shall publish or circularize 
unjustified or unwarranted threats of legal proceedings which tend 
to or have the effect of harassing competitors or intimidating their 
customers. 

Rule 25. No member of the Division shall give, permit to be given, 
or offer to give, anything of value for the purpose of influencing or 
revv'arding th6 action of any employee, agent, or representative of 
another in relation to the business of the employer of each employee, 
the principal of such agent or the represented party, without the 
knowledge of such employer, principal, or party. This provision 
shall not be construed to prohibit free and general distribution of 
articles commonly used for advertising except so far as such articles 
are actually used for commercial bribery, as hereinabove defined. 

Rule 2C. No member of the Division shall wilfully induce or at- 
tempt to induce the breach of existing 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 hamper- 
ing, injuring or embarrassing competitors in their business. 

Rule 27. No member of the Division shall violate any provisions 
governing piracy of samples and designs which may be adopted by 
the Code Authority, but all such provisions shall be subject to the 
approval of the National Industrial Recovery Board. 

Rule 28. No member of the Division shall remainder any title, 
either in whole or in part, without immediately notifying in writ- 
ing the Code Authorit}^ to that effect; but this provision shall not 
be construed to obligate any member of the Division to give any 
credit for, refund, or rebate on, or to accept return of any copies 
of such title which any retail bookseller may have in stock. 

Rule 29. No member of the Division shall sell books to any retail 
bookseller who knowingly fails to maintain the publication date of 
any book. 

Rule 30. No member of the Division shall knowingW permit the 
reproduction of any copyrighted material, except as already allowed 
by law, in mimeograph, or multigraph form except for bona fide 
publicity purposes, and/or knowingly permit the use of any copy- 
righted material, except as already allowed by law, in any other 
form, except for bona fide publicity purposes, without making rea- 
sonable and adequate charge therefor. 



83 

Rule 31. No member of the Division shall publish in English any 
book, whether imported or not, under a substantially different title 
from that under which the book shall have been previously published 
in English in any periodical, newspaper serial, or other form what- 
soever for sale, irrespective of where previously published, unless a 
notice of the previously used title or titles shall be printed in not 
smaller than twelve-point type on the front flap of the jacket and 
the copyright page of the book. 

Rule 32. Whenever a member of the Division publishes in book 
form a manuscript which has previously appeared in a magazine or 
otherwise, either complete or substantially complete, in fewer than 
three serial parts, said member of the Division must print in bold- 
face type in not less than 18-point on the front of the jacket and in 
not less than 10-point type on the copyright page, the fact of such 
prior publication in less than three issues, and the title under which 
it was previously published, if different irom the book title. 

Rule 33. No member of the Division shall use any subterfuge to 
evade or frustrate the intent and/or spirit of this code. 

o 



Approved Code No, 524 
CODE OF FAIR COMPETITION 

FOR THE 

PICKLE PACKING INDUSTRY 

As Approved on October 4, 1934 



ORDEE 



AprRoviNG Code of Fair Competition for the Pickle Packing 

Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a Code of 
Fair Competition for the Pickle Packing Industrj^, 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 the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said Code 
complies in all respects with the pertinent provisions and will pro- 
mote the policies and purposes of said Title of said Act; and does 
hereby order that said Code of Fair Competition be and it is hereby 
approved, subject to the following condition : 

(1) That the Industry shall report not later than ninety (90) 
days after the effective date of this Code on the operation of the 
provisions of Articles III and IV with a view to improving the 
hour and wage provisions of this Code. 

National Industrial Reco^tery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Armin W. Riley, 

Division Administrator, 

Washington, D. C, 

October 4, 1934. 

89357° 1224-11 34 (85) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir : This is a report on the Code of Fair Competition for the 
Pickle Packing Industiy, and on the Public Hearings held in Wash- 
ington, D. C, on June G, 1934, in accordance with the provisions of 
the National Industrial Recovery Act. 

GENERAL 

In vieAv of the scanty nature of the data available on this Industry 
it is impossible to make an estimate as to the increase of wages and/ 
or payroll and the spread of employment which will result from 
the adoption of this Code. How^ever, from our general knowledge 
of previous conditions in this Industrj^ we feel safe in saying that 
we believe that the wage provisions in this Code will represent a 
substantial increase over those previously paid, especially in the 
South. It should be particular!}- noted that the wage and hour 
provisions in this Code are more favorable to labor than those in 
the Code of Fair Competition for the Canning Industry, which is 
the most nearly allied industry. 

The dollar volume of the products of this Industry was reported 
in the United States Cen.sus of Manufacturers for 1929 as being 
$34,480,925.00. 

The employment in this industry was reported bv the National 
Pickle Packers Association as being 10,000 in 1929 aiid 1930, 11.250 
in 1931, 8,750 in 1932 and 7.500 in 1933. 

The National Pickle Packers Association is a trade association, 
truly representative of the Industry, and imposes no inequitable re- 
strictions on membership. 

HOURS 

The Code for the Pickle Packing Industry provides for a nuixi- 
miim work week of forty (40) hours, with the limitation of nine 
(9) hours in any day. There are the usual exceptions, complete 
or partial; in the case of executive, managerial and supervisory 
employees regularly receiving not less than thirty-five dollars 
($35.00) per week in cities of over 100,000 population or the im- 
mediate trade areas thereof, thirty dollars ($30.00) per week in 
cities of 25,000 to 100,0'JO population or the immediate trade areas 
thereof, and twenty-five dollars ($25.00) per Aveek in other places, 
and outside salesmen. 

Chauffeurs and deliverymen shall be permitted to work no^t in 
excess of forty-eight (48) hours in any week. Shipi)ing and receiv- 
ing clerks working in conjunction with the outside delivery emjiloyee 
may be permitted to work not in excess of forty-eight (48) hours 

(86) 



87 

in any week; warehouse employees, provided they shall be permitted 
to work not in excess of forty-four (44) hours in any week. Watch- 
men shall be permitted to work not in excess of fifty-six (56) hours 
in any week. Power plant omplo3'ees, repair and maintenance crews 
shall be permitted to work not in excels of forty-eight (48) hours 
in any week. No employee shall be permitted to work more than 
.<^ix (G) days in any seven (7) day period. Employees necessary in 
the handling and/or packing of perishable products at salting 
stations during the packing season for such products, when the 
physical sequence, temperature, humidity, climatic or other circum- 
stances beyond the control of emploj^ers, would result in loss or 
deterioration or loss to the producers of raw commodities, may be 
permitted to work under the following conditions and for the 
following hours: 

AVhen additional workers are not available, workers engaged in 
the receiving and salting operations may be employed for the hours 
necessary to handle such perishable products, but shall not be per- 
mitted to work in excess of sixty (60) hours in any seven (7) clays 
and only during a period not to exceed eight (8) weeks. 

Clerical and office employees may be permitted to work not in 
excess of the normal number of working hours per da}^ or per week 
during inventory periods and/or financial closing periods, but not 
to exceed forty-eight (48) hours in any week or ten (10) hours in 
any day during not to exceed four (4) weeks in any calendar year. 

The provisions of Article III shall not apply to route delivery 
salesmen provided they regularly receive not less than twenty-five 
dollars ($25.00) per week averaged over a four (4) week period, 
such averaging period to apply only when route delivery salesmen 
are paid on a commission basis. Employers shall lay out routes for 
such rout-e delivery salesmen such that under normal conditions the 
total time required to complete the route shall not exceed nine (9) 
hours from the time of leaving to the time of arriving at the plant 
or base point, with one (1) hour allowed for lunch. 

In the cases of peak production, inventory periods, financial 
closing periods or unusual conditions beyond the control of the em- 
ployer, employees, except those covered by Section 1, Subsections (f ), 
(i) and (j) of this Article, may be permitted to work not more than 
eight (8) hours weekly in excess of the maximum hours permitted 
in Section 1 of Article III for a period not to exceed twelve (12) 
weeks in any calendar year. Such employee working in excess of 
the maximum hours permitted in Section 1 of Article III shall be 
paid at least one and one-third (IVs) times his regular hourly rate 
for all hours worked in excess of the maximum hours prescribed for 
him. The Code Authority or the Board, as the case may be, may 
require reports stating the number of hours worked overtime in 
accordance with the provisions of Section 4 of Article III. 

Office workers who regularly receive not less than thirty-five dol- 
lars ($35.00) per week or over are not subject to overtime payment. 
Employees on emergency repair or emergency maintenance work in- 
volving mechanical breakdowns or protection of life and property 
may work in excess of the maximum hours permitted in Section 1 
of Article III, provided that any employee so working in excess of 
the maximum hours prescribed for him shall be paid for the excess 
hours by at least time and one-third his regular hourly rate. 



88 

WAGES 

No person employed in clerical, accounting or other office work 
shall bo paid less than at the following rates : 

$1C.00 per week in cities of over 500,000 population or the immedi- 
ate trade areas thereof; 

$15.00 per week in cities between 250,000 and 500.000 population 
or the immediate trade areas thereof; 

$14,00 per week in other places, 
except that office boys and messengers may be i^aid at not less than 
a rate of two dollars ($2.00) below the aljove minimum, provided, 
however, that where more than one employee is so classified and 
compensated not more than ten per cent (10%) of the total number 
of office employees shall be so classified and compensated in each 
establishment. 

No employee other than those covered in Section 1 and Section 3 
of Article IV shall be paid at less than the following rates: 

NONSEASONAL "WaGES 
METROPOLITAX AREAS OATSR 10 0.000 

Northern District — 400 per hour for males. 

321/20 per hour for females. 
Southern District — 27140 per hour for males. 

22l^0 per hour for females. 

METROPOLITAN AREAS UNDER 10 0,000 

Northern District — 350 per hour for males. 

300 per hour for females. 
Southern District — 271/20 per hour for males. 

221,40 per hour for females. 

Seasonal Salting Station Wages 

Northern District — 321/20 per hour for males. 

271/^0 per hour for females. 
Southern District — 250 per liour for males. 

200 per hour for females. 

For the purpose of this Code the South shall consist of the States 
of Virginia, Kentucky, Oklahoma, New Mexico, Arizona, North 
Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, 
Mississippi, Louisiana, Arkansas and Texas. 

No watchman shall be paid at a rate of less than eighteen dollars 
($18.00) per week for a fifty-six (56) hour week. Time and one- 
third the normal rate shall l3e paid for all time worked except by 
watchmen, outside salesmen, employees engaged in managerial, 
executive or technical capacity and salting station employees as set 
forth in Section 2, Subsections (a), (b) and (g) of Article III on 
Sundays and the following holidays : Christmas Day, Thanksgiving 
Day, Labor Day, July Fourth, New Year's Day and such other 



89 

holi(1a3'^s as may be proclaimed by the President of the United 
States. 

The Code Authority shall report not later than ninety (90) days 
after the effective date of this Code on the operations of the pro- 
visions of Articles III and IV, with a view to improving the hours 
and wages of this Code. 

Xo j)erson under sixteen (IC) years of age shall be employed in this 
In(histry. There are the usual safeguarding clauses. 

The t>e[)uty Administrator in his final report to us on said Code 
having found as herein set forth and on the basis of all the pro- 
ceedings in this nuitter: 

We 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 ])ro- 
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), 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 labor. 

(b) Said Industry normally employs not more than 50,000 em- 
ployees ; and is not classified by us 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 Pickle 
Packers Association is an industrial association truly representa- 
tive of the aforesaid Industry ; and that said association imposes no 
inequitable restrictions on admission to membership therein. 

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

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

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

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

National Industrial Recovery Board, 

By G. A. Lynch, Administrative Officer. 
October 4, 1934. 



CODE OF FAIR COMPETITION FOR THE PICKLE PACK- 
ING INDUSTRY 

Article I — Purpose 

To effect the policies of Title I of the National Industrial Recovery 
Act, the following provisions of this Code are established as a Code 
of Fair Competition for the Pickle Packing 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 terms '' President," "Act," and "National Industrial Re- 
covery Board," or " Board," mean respectively, the President of the 
United States, Title I of the National Industrial Recovery Act, and 
the Board created by Executive Order dated September 27, 1934. 

(b) The term " Pickle Paclcing Industry " means the salting, man- 
ufacturing, and/or packing of pickles and the sale thereof by the 
Salter, manufacturer, or packer. 

(c) The term "Pickles" as used herein shall mean sound cucum- 
bers, watermelon rind and other vegetables properly prepared (with 
or without spice and/or sugar) containing sufficient salt and acid 
(either lactic or acetic or both) to preserve them. 

(d) The term "member of the industry" includes, but without 
limitation, any individual, partnership, association, corporation, or 
other form of eiiteri)rise engaged in the Pickle Packing Indusi;ry, 
either as an employer or on his or its own behalf. 

(e) The term " employee " means any and all persons engaged 
in the Industry, however compensated, except a member of the 
Industry. 

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

(g) The term " watchman " means any employee whose principal 
function is watching and guarding the premises and property of any 
establishment of a member of the Industry. 

(h) The term " outside salesman " means any salesman who spends 
at least sixty per cent (C0%) of his working hours outside of the 
establishment, or any branch thereof, of his employer, and who does 
not regularly deliver merchandise. 

(i) The term " route delivery salesman " means any salesman who 
regularly delivers merchandise that he sells. 

(j) The term "grower" means any individual, partnership, as- 
sociation, group or corporation engaged in the growing of cucum- 
bers, watei'melon or other vegetables for pickles. 

(k) The term "Code Authority" means the administrative body 
IH'ovided for in Article VI hereof, which sliall administer this Code. 

(1) Population for the i)urposes of this Code shall be determined 
by reference to the latest Federal Census. 

(00) 



91 

Article III — Hours 

Section 1. No employee shall be permitted to work in excess of 
forty (40) hours in any week or nine (9) hours in any day with the 
followinfif exceptions : 

(a) Executive, manati^erial, and supervisory employees regularly 
receiving not less than : 

$35.00 per Aveek in cities of over 100,000 population, or in the 
immediate trade areas thereof; 

$30.00 per week in cities of 25,000 to 100,000 population, or in 
the immediate trade areas thereof; 

$25.00 j)er week in other places. 

(b) Outside salesmen. 

(c) Chauffeurs, deliverymen, shall be permitted to work not in ex- 
cess of forty -eight (48) hours in any week. 

(d) Shii)ping and receiving clerks working in conjunction with the 
outside delivery emjjloyees in work of such nature that any inequality 
of hours would interrupt the routine of such outside delivery de- 
partment may be permitted to work not in excess of forty-eight 
(48) hours in any week. 

(e) "Warehouse employees, provided they shall be permitted to 
work not in excess of forty-four (44) hours in any one week. 

(f ) "Watchmen shall be permitted to work not in excess of fifty-six 
(56) hours in any one week. 

(g) Power plant employees, repair and maintenance crews, shall 
be permitted to work not in excess of forty-eight (48) hours in any 
week. 

(h) Xo employee shall be permitted to work more than six (6) 
days in any seven (7) day period. 

(i) Employees necessary to the handling and/or packing of per- 
ishable products at salting stations during the packing season for 
such products, when the physical condition of the perishable prod- 
ucts, crop sequence, temperature, humidity, climatic or other circum- 
stances bey(md the control of employers w^ould result in loss or 
deterioration, or loss to the producers of raw commodities, may be 
pennitted to work under the following conditions and for the follow- 
ing hours : 

(j) AVhere additional workers are not available, workers engaged 
in the receiving and salting operations may be employed for the 
hours necessary to handle such perishable products, but shall not 
be permitted to work in excess of sixty (60) hours in any seven (7) 
days, and only during a period not to exceed eight (8) weeks. 

Sectiox 2. Clerical and office employees may be permitted to work 
in excess of the normal number of working hours per day or per 
week during inventory j^eriods and/or financial closing periods, but 
not to exceed forty-eight (48) hours in any week or ten (10) hours 
in any day during not to exceed four (4) weeks in any calendar 
year. 

Section 3. The provisions of this Article shall not apply to route 
salesmen, provided that they regularly receive not less than twenty- 
five dollars ($25.00) per week averaged over a four (4) week period, 
such averaging period to apply only M'hen route delivery salesmen 
are paid on a commission basis. It shall be the duty of employers 

89357' 1224-11 34 2 



92 

to lay out routes for route delivery salesmen such that under normal 
conditions the total time required to complete the route shall not 
exceed (9) hours from the time of leaving to the time of arriving at 
the plant or base point with one (1) hour alloAved for lunch. 

Sectiox 4 (a). In cases of peak production, inventory periods, 
financial closing periods or unusual conditions beyond the control 
of the enn)l{)yer, em]3lo3"ees, except those employees covered by Sec- 
tion 1, Subsections (f), (i) and (j) of this Article, may be permitted 
to vrork not more than eight (8) hours weekly in excess of the maxi- 
mum hours permitted in Section 1 of this Article for a period not to 
exceed twelve (12) w^eeks in any calendar year; provided that an 
emplovee working in excess of the maxiuuun hours permitted in Sec- 
tion 1 of this Article shall be paid at least one and one-third (1%) 
times his regular hourly rate for all hours worked in excess of the 
maxinuun hours prescribed for him. When required by the Code 
Authority or the Board, as the case may be, reports shall be made to 
the Code Authority or the Board stating the number of hours worked 
over-time in accordance with the provisions of this Section. Office 
workers who regularly receive not less than thirty-five dollars 
($35.00) per week or over are not subject to over-time payment. 

(b) Employees on emergency repair or emergency maintenance 
Avork involving mechanical breakdowns or protection of life and 
])ro])erty may work in excess of the maximum hours permitted in 
Section 1 of this Article, provided that any employee so working in 
excess of the maximum hours prescribed for him shall be paid for 
the excess hours by at least one and one-third (1%) times his regular 
hourly rate. 

Article IY — Wages 



Section 1. No i)erson employed in clerical, accounting, or other 
office work shall be paid less than at the rate of: 

$16.00 per week in cities of over 500,000 population or in the 
immediate trade area thereof; 

$15.00 pel- week in cities between 250,000 aud 500,000 population 
or in the immediate trade area thereof; 

$14.00 j)er week in otiier places, exce])! that office boys and messen- 
gers may be ])aid at not less than a rate of tv,o dollars ($2.00) below 
the above uiinima, provided, however, that wliere more than one 
employee is so classified and compensated, not more than five per 
cent (5%) of the total number of office employees shall be so classi- 
fied and compensated in each establishment. 

Sectio>' 2. No employee other than tlufse covered in Section 1 and 
Section 4 of this Article shall be paid at less than the following 
rates : 

(a) NONSKASONAL WAGES 







Melropolit;in Areas 
Over 100.000 


MetropoHtan Arcfis 
Under 100.000 




Males 


Females 


Males 


Females 


Northern District 

Southern District -- - 


-,.per Iioiir.. 

do 


Cents 
40 
27>u 


Cents 
32K' 
22}, 


Cents 
;i5 
27}, 


Cents 
30 
22H 



93 

(b) SEASONAL (SALTING STATION) WAGES 



Northern District. per hour. 

Southern District do... 



32K' 
25 



27^ 
20 



Section 3. For the purposes of this Code the South shall consist 
of the States of Virginia, Kentucky, Oklahonui, New Mexico, Ari- 
zona, Xorth Carolina, South Carolina, Georgia, Florida, Tennessee, 
Alabama, Mississippi, Louisiana, Arkansas, and Texas. 

Section 4. No watchman shall be paid at a rate of less than 
eighteen dollars ($18.00) per week for a fifty-six (50) hour week. 

Section 5. This Code establishes a minimum rate of pay which 
shall apply irrespective of whether an employee is actually compen- 
sated on a time rate, piece work, or other basis. 

Section C. Wages of employees shall be exempt from any fines; 
and from charges or deductions except charges or deductions for 
employees' voluntary contributions for pension, insurance, or ben- 
efit funds; and no employer shall withhold w'ages except upon serv- 
ice of legal process or other papers lawfully requiring such wnth- 
holding. Deductions for other purposes not heretofore stated may 
be nuule only when so authorized by the employee in writing, such 
authorization to be kept on file by the employer for at least six 
months. 

Section 7. Female employees performing substantially the same 
work as male employees shall be paid at the same rate of pay as 
male employees; provided, that when male employees perform work 
customarily done by female employees, only during hours wdien fe- 
male labor is prohibited by applicable law, it shall not be required 
that female employees doing such work at other times be paid at 
the same rate as such male employees. 

Section 8. Time and one-third shall be paid for all time worked 
(except by watchmen, outside salesmen, employees engaged in man- 
agerial, executive, or technical capacity, and salting station em- 
ployees, as set forth in Section 2. subsections (a) and (b), and (g) of 
Article III) on Sundays and the following holidays: Christmas 
Day, Thanksgiving Day, Labor Day, July Fourth, New Year's Day, 
and such other holidays as may be proclaimed by the President of 
the L'nited States, 

Section 9. 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 Authority designated 
by the L^nited 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 employer shall file monthly 
with the Code Authority, a list of all such persons emploj^ed by him, 
showing the wages paid to, and the maximum hours of work for, 
such employees. 

Section 10. No employee whose normal full-time weekly hours 
averaged over the four weeks ending June 10, 1933, are as a result 
of the adoption of this Code reduced by sixteen and tw^o-thirds 
(1G%) per cent or less shall have his or her full-time Aveekly earn- 
ings reduced; and any employee whose said normal full-time weekly 
hours are reduced by more than sixteen and two-thirds (16%) per 



94 

cent shall have his or her hourly rate of pay increased by at least 
twenty per cent (20% ) . The above shall not apply to any employee 
whose earnings averaged over the aforementioned period were more 
than thirty-five dollars ($35.00) per week. 

Emploj'ees whose earnings averaged over the aforementioned 
period were more than tliirty-five dollars ($35.00) per week and 
whose hours are reduced as a result of the adoption of this Code 
shall have their wage rates equitably readjusted in order to maintain 
fair ditferentials and reports of such adjustments shall be made to 
the Code Autliority within thirty (30) days after the effective date 
of this Code. In no case shall hourly rates of pay be reduced. 

The Code Authority shall report not later than ninety (90) days 
after the effective date of this Code on the operation of tlie j^rovisions 
of Articles III and IV with a view to improving the hour and 
wage provisions of this Code. 

Section 11. Employers shall make ]>ayment of all wages due 
in lawful currency or Idv negotiable checks payable on demand. All 
contracts of employment shall prescribe payment of wages at least 
as often as every fifteen (15) days and salaries as often as every 
thirty (30) days. 

Article V — General Labor Provisions 

Section 1. No person under sixteen (IG) years of age shall be 
employed in the Industry. No person under eighteen (IS) 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 Board within ninety (00) days after the effective 
date of this Code a list of such operations or occupations. In any 
jurisdiction an employer shall be deemed to have complied with 
this provision as to age if he shall have on file a certificate or permit 
dulj' signed by the Authority in such jurisdiction empowered to 
issue employment or age certificates or permits showing that the 
emi^loyee is of the recpiired age. 

Section 2. Employees shall have the right to organize and bar- 
gain collectively through representatives of their ov\'n choosing, and 
shall be free from the interference, restraint, or coercion of employers 
of labor or their agents, in the designation of such representatives 
or in self-organization or in other concerted activities for the pur- 
pose of collective bargaining or other mutual aid or jirotection. 

Section 3. No em])loyee and no one seeking employment shall 
be required as a condition of em])loyment to join any company union 
or to refrain from joining, organizing, or assisting a laboi- organiza- 
tion of his own choosing. 

Section 4. Emplov<M-s shall comi)ly with tlie maximum hours of 
labor, minimum rates of ])ay. and other conditions of employment 
aj^liroved or prescribed by tlie President. 

Section 5. No employee now employed at a rate in excess of the 
minimum shall be dischai'ged and reem])loved at a lower rate for 
the purpose of evading the provisions of this Code. 

Section 6. No provision of this Code .shall supersede any law 
which im])Oses on emjiloyers more stringent requirements as to age 
of employees, wages, hours of work, or as to safety, health, sani- 



95 

tary or <>:eneral working:: conditions, or insurance, or fire protection, 
than are imposed by this Code. 

Skctiox 7. Xo employer shall knowin<^ly permit any employee 
to work I'or a total number of hours in excess of the number of 
hours prescribed for his occupation for each week and day, whether 
em|)loyed by one or more employers. 

Section 8. No employer shall reclassify employees, or reclassify 
the duties or occupations performed by them, or change the method 
of compensation of employees, or engage in any other subterfuge 
whicli tends to or will defeat the purposes or provisions of the Act 
or of this Code. 

Sectiox 9. All emploj'ers shall post and keep posted copies of this 
Code dealing with hours, wages, and general labor provisions, in 
cons]ncuous })laces accessible to all emploj-ees. Every member of 
the Industry shall com})ly 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 Board. 

Skctiox 10. Every employer shall provide for the safety and 
health of his employees at the place and during the hours of their 
emplojMuent. 

Article VI — Organization, Powers and Duties of the Code 

Authority 

Section 1. A Code Authority is hereby established consisting of 
nine (9) persons to be selected in the following manner: 

(a) The National Pickle Packers Association, Incorporated, as 
proponents of this Code, are hereby designated as the agency to 
conduct the election of members of the Code Authority within fifteen 
(15) days after the effective date of this Code. 

(b) Six (G) members shall be individuals chosen by the members 
of the National Pickle Packers Association, Incorporated, and three 
(3) shall be individuals chosen bj^ the non-members of the National 
Pickle Packers Association. 

(c) Voting at elections shall be by ballot, in person, by proxy, by 
telegram, or by letter and each member of the Industry shall be en- 
titled to one (1) vote. Nominations for the six (0) individuals rep- 
resenting members of the National Pickle Packers Association who 
are to be members of the Code Authority shall be made by a com- 
mittee ap])ointed by the President of said Association. Nominations 
for the individuals representing the non-members of the National 
Pickle Packers Association who will be members of the Code Author- 
ity shall be made b}' a conunittee appointed by such non-members. 

(d) Members of the industry who are nonmembers of the Na- 
tional Pickle Packers Association may cast their vote for an}'^ fellow 
membei- regardless of who the nominees are and in the event that 
there is no selection for the Code Authority by nuijority vote, the 
Board may at its discretion appoint the Code Authority members 
who shall represent such non-association members. 

(e) INIembers chosen ns hereinabove provided are to hold oHice for 
one (1) year or until tiieir successors are elected; such elections to 
be conducted as hereinabove provided. Vacancies in membership of 
the Code Authority elected as hereinabove provided shall be filled 
for the unexpired term by the remaining members of the Code 



96 

Authority, provided, however, that there shall be at all times three 
non-association members on the Code Authority. 

(f) Within ninety (90) days after the effective date of this Code, 
the Code Authority shall submit for approval of the Board, a plan 
for the election of the Code Authority for all elections following 
the election provided for hereinabove, and such plan shall include 
a method for the filling of all vacancies in the Code Authority. 
Such method of election when approved by the Board shall be fol- 
lowed in all elections of the Code Authority, unless modified under 
the provisions of Section 4 of this Article. If the Board should so 
require, an election shall be called and held in accordance with such 
method of election before the expiration of the term of office of the 
Code Authority elected under the provisions hereinabove provided 
for. 

Section 2. In addition to membership of the Code Authority as 
provided in Section 1 of this Article, there may be one (1) to 
three (3) members of the Code Authority, without vote, and without 
expense to the Industry, appointed by the Board to serve for such 
terms as it may designate. Such members, together witli the Board, 
shall be given notice of and shall be permitted to sit at all meetings 
of the Code Authority. 

Section 3. Each trade or industrial association directly or indi- 
rectly participating in the election or activities of the Code Author- 
ity shall (1) impose no inequitable restrictions on membership, and 
(2) submit to the Board 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 Board may deem necessary to effectuate the pur- 
poses of the Act. 

Section 4. In order that the Code Authority shall at all times be 
truly representative of tlie industry and in other respects comply 
with the provisions of the Act, the Board may prescribe such hear- 
ings as it may deem proper; and thereafter, if it shall find that the 
Code Authority is not truly representative or does not in other 
respects comply vvith 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 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 member, officer, agent, or emnlo^'ee 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 anj'One for any action or omission to act under this Code, except for 
his own wilful malfeasance or non-feasance. 

Section 6. If the Board shall at any time determine that any action 
of the Code Authority or any agency thereof nuiy be unfair or unjust 
or contrary to tiu^ public interest, the Board may require that such 
action be susjiended to afford an opportunity for investigation of the 
merits of such action and further consideration by such Code Au- 
thority or agency j^ending final acti(m which shall not be effective 
unless the Board approves or unless it fails to disapprove after thirty 
(30) days' notice to it of the intention to proceed with such action in 
its original or modified form. 



97 

rOAVERS AND DUTIES 

Section 7. Subject to such rules and re<^ulations as may be issued 
by the Board, 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 
})rovide for the compliance of the Industry with the provisions of the 
Act. 

(b) I'o adopt by-laws and rules and reo-ulations for its procedure. 

(c) To obtain from members of the Industry such information and 
reports as are required for the administration of this Code. In ad- 
dition to information required to l)e submitted to the Code Autliority, 
members of the Industry subject to this Code shall furnish such 
statistical information as the Board may deem necessary for the pur- 
poses recited in Section 3 (a) of the Act to such Federal and State 
agencies as it may designate; j^rovided that nothing in this Code 
shall relieve any member of the Industry of any existing obligations 
to furnish reports to any Government agency. No individual report 
shall be disclosed to any other member of the Industry or any other 
l)arty except to such other Governmental agencies as may be directed 
by the Board. 

(d) To use such trade associations and other agencies as it deems 
l)ro]:)er for the carrjdng out of any of its activities provided for 
herein, jn-ovided that nothing herein shall relieve the Code Author- 
ity of its duties or responsibilities under this Code and that such 
trade associations and agencies shall at all times be subject to and 
comply with the provisions hereof. 

(e) To make recommendations to the Board for the coordination 
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 
p)-o])er for the foregoing purposes, and to meet sucli 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 Board for its approval, subject to such notice 
and o))])ortunity to be heard as it may deem necessary (1) an item- 
ized budget of its estimated expenses for the foregoing purposes, and 
(2) an ecpiitable basis upon whicli the funds necessary to support 
such budget shall be contributed by members of the Industr}^; 

(c) After such budget and basis of contribution have been ap- 
proved l)y the Board, to determine and obtain equitable contril)ution 
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 j)ay his or its equitable 
contribution to the exi)enses of the maint(Miance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Board. Only mem- 
bers of the Industry complying with the Code and contributing to 
the expenses of its administration as her.'inal)o\e provided, (unless 



98 

duly exempted from making such contributions,) shall be entitled 
to i)articipate in the selection of members of the Code Authority 
or to receive the benefits of any of its voluntary activities or to 
make use of any emblem or insignia of the National Recovei-y 
Administration. 

3, The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in 
its aj^proved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
Board, and no subsequent budget shall contain any deficiency item 
for expenditures in excess of prior budget estimates except those 
which the Board shall have so approved. 

(g) To recommend to the Board any action or measures deemed 
advisable, including further fair trade practice provisions to govern 
members of the Industry in their relations with each other or with 
other industries; measures for industrial planning, and stabiliza- 
tion of employment; and including modifications of this Code which 
shall become effective as part hereof upon approval by the Board 
after such notice and hearing as it may specify. 

(h) To appoint a Trade Practice Committee, which shall meet 
with the Trade Practice Committees appointed under such other 
codes as may be related to the Industry, for the purpose of formulat- 
ing fair trade practices to govern the relationships between em- 
ployers under this Code and under such other codes to the end that 
such fair trade practices may be proposed to the Board as amend- 
ments to this Code and such other codes. 

(i) To elect a representative to serve on any conference or ad- 
visory committee which may be established by the Board for the 
entire grocery and food manufacturing industry; and to consider 
recommendations formulated by such committee and approved by 
the Board, for the modification of this Code. 

(j) The Code Authority shall create a committee on safety and 
health which will study and recommend to the Board within three 
(3) months after the effective date of this Code, standards of safety 
and health for employees of the Industr3\ 

(k) The Code Authority shall cause tc> be formulated methods 
of cost finding and accounting ca])able of use by all members of 
the Industry, and shall submit such methods to the Board for re- 
view. If apjiroved by the Board, full information concerning such 
methods shall be made available to all members of the In(lustr3\ 
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. 

(1) To appoint, Mdthin ninety (90) days after the effective date of 
this Code, a connnittee so constituted as to give consumer and gov- 
ernmental representation satisfactory to the Board, to make a study 
with a view to the establishment of classifications and standards of 
quality (grades) and sizes of containers for staple ]')roducts of the 
Industry wherever such standartls or sizes of containers are deemed 
feasible. The findings and recommendations of this committee shall 
be submitted to the 13oard within six (G) months after the effective 



99 

date of this Code, and after such hearings and investigations as it 
may designate, and upon ai)proval by it, shall be made a part of 
this Code and be binding upon every member. 

Akticle VII — Pkices and Discounts 

Section 1. Each member of the Industry shall file upon forms 
which may be prej)ared by the Code Authority and ma}' be obtained 
at its office, with a confidential and disinterested agent of the Code 
Authority, or if none, then with such an agent designated by the 
Board, identified lists of all of his prices, discounts, rebates, allow- 
ances, 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 prac- 
tices 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 b}' said member and for such nonstandard products of said 
member as shall be designated b}^ the Code Authority. Said price 
terms shall in the first instance be filed within fifteen (15) days after 
the date of a])proval of this provision. Price terms and revised 
price terms sluill become effective immediately upon receipt thereof 
by said agent. Innnediately upon receipt thereof, said agent shall 
b}' telegraph or other ecjually pr()mi)t means notify said member of 
the time of such receipt. Such libts and revisions, together with the 
effective time thereof, shall upon receipt be innnediately and simul- 
taneousl}^ distributed to all members of the Industry and to all of 
their customers wdio have applied therefoi- and have offered to de- 
fray the cost actuall}^ incurred by the Code Authority in the prepara- 
tion 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 ail 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 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 Board. Upon request the Code Authority shall fur- 
nish to the Board or any duly designated agent of the Board copies 
of any such lists or revisions of price terms. 

(a) Brine stock, but not including genuine dills, is exempt from 
requirements of this Section. 

Section 2. When any member of the Industry has filed any revi- 
sion, such member shall not file a higher jiricc within forty-eight 
(48) hours. 

Section 3. No member of the Industry shall sell or offer to sell any 
product or services of the Industry for which price terms have been 
tiled pursuant to the provisions of this Article, except in accordance 
with such price terms. 

Section 4. No member of the Industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix oi- maintain 
price terms, nor cause or attempt to cause any meinb(M- of the 



100 

Industry to change his ])rice terms by the use of intimidation, co- 
ercion, or any other influence inconsistent with the maintenance of 
the free and "open maricet which it is the purpose of this Article to 
create. 

Section 5. (a) The Code Authority shall cause to be formulated 
and keep current a classiiication of all types of customers of the 
Industry. Such classification shall be subject to the disapproval 
of the Board 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 appro- 
priate terms such as purchasers of defined quantities. 

(b) After submission to the Board, if there is no disapproval or 
request for suspension of action within twenty (20) clays, full in- 
formation concernino; the classification shall be made available to 
all members of the Industry. No one shall by intimidation, 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 any class of customers from the classi- 
fication, 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. 

Section 6. No member of the Industry shall ofi'er or make a quan- 
tity price unless it is a genuine quantity price. The term " genuine 
quantity price ", as used in this Section, means a x^i^ice differential 
which is based upon and reasonably measured by a saving to the 
seller and a substantial difference in the quantity sold and delivered. 

Section 7. (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 filed price con- 
stitutes unfair competition as destructive price cutting, imperiling 
small enterprises or tending toward monopoly or the impairment of 
code Avages and Avorking conditions. The Code Authority shall 
within five (5) days afford an opportunity to the member filing the 
price to ansAver such complaint and shall within fourteen (1-1) 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 re- 
ferred to the Research and Planning Division of NRA which shall 
render a report and recommendation thereon to the Board. 

(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 8. Emergency Provisions. — (a) If the Board, after in- 
vestigation shall at any tune find both (1) that an emergency has 
arisen within the Industry adversely affecting small enterprises or 
Avagcs or labor conditions, or tending toward monopoly or other 
acute conditions Avhich tend to defeat the puri)oges of the Act; and 
(2) that the determination of the stated minimum price for a speci- 



101 

fied product within the Industry for a limited period is necessary 
to mitigate the conditions constituing such emergency and to effec- 
tuate the i)urposes of the Act, the Code Authority may cause an 
impartial agency to investigate costs and to recommend to the Board 
a determination of the stated minimum jjricc of the product affected 
b}' the emergency and thereu[)on the Board may proceed to deter- 
mine such stated minimmn price. 

(b) When the Board shall have determined such stated minimum 
price for a specified i)roduct for a stated pei'iod, which price shall 
be reasonably calculated to mitigate the conditions of such emer- 
gency and to effectuate the purposes of the National Industrial Re- 
covery Act, it shall publish siich price. Th.ereafter, during such 
stated period, no member of the Industry sliall sell such specified 
products at a net realized price below said stated mininuim 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 Board may cause any deteimiuations hereunder to bo 
reviewed or reconsidered an<l appropriate action taken. 

Article VIII — I^nfair Methods of Competition 

Section 1. Unearned Service Pay/nents. — No member of the 
Industry shall pay a trade buyer for an advertising or otlier distri- 
bution service by such buyer (a) except in pursuance of a written 
contract made in good faith and explicitly defining the service to 
be rendered and the payment for it and the method of auditing per- 
formance; and (b) uidess such service is rendered and such payment 
is reasonable and not excessive in amount; and (c) unless such con- 
tract is separate and distinct from an}- sales contract and such pay- 
ment is separate and distinct from any sales })rice and is not designed 
or used to reduce a sales price; and (d) unless such payment is 
equally available for the same service to all competitive buyers in 
the same competitive market; and (e) unless a copy of each such 
contract is retained on file for a period of one year. In order to 
investigate an alleged violation of this Code, the Board may require 
a member of the Industry to report any such contract made by him 
and/or to produce a copy thereof for inspection. 

Section 2. (a) Price Concef^sions. — No member of the Industry 
shall make any secret rebates, secret allowance, or secret concessions 
of any kind, including rebates by way of special services, discounts, 
absorption of transportation costs, or advertising allowances; and 
any rebates, allowances (except such allowances as are made in 
accordance with the provisions of Section 1 of this Article), and 
concessions of any kind not set forth in the schedule of prices and 
discounts filed with the Code Authority. 

(b) Price Discrimination. — No memlDer of the Industry shall dis- 
criminate in price between buyers. The term " discriminate in 
price " as used in this section means directly or indirectly charging 
a different price by any subterfuge amounting to a rebate or other 
commission but not being limited thereto, to buyers in the same 
quantity and/or distribution class who are located in the same 
competitive market. 



102 

(c) Diversion of Sales Com/pensation. — No member of the Indus- 
try shall offer to sell or sell any product of the Industry if the price 
thereof to the buj'^er is below the applicable price as stated in the 
effective schedules filed in accordance with the provisions of Section 
1 of Article VII, whether such lower price to the buyer is effected 
through a diversion of compensation paid by the members of the 
Industry to an emplo^^ee, agent or otherwise. 

Sectiox 3. 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 Avay misrepresent any goods 
(including but without limitation its use, trademark, grade, quality, 
cjuantity, origin, size, substance, character, nature, finish, material, 
content or preparation) or credit terms, values, policies, services, or 
the nature or form of the business conducted. 

Section 4. Inaccurate Labelling. — No member of the Industry 
shall brand or mark or pack any goods in any manner which is in- 
tended to or does deceive or mislead purchasers with respect to the 
brand, grade, quality, quantity, origin, size, substance, character, 
nature, finish, material, content or preparation of such goods. 

Section 5. Consignment Deliveries. — No member of the Industry 
shall ship goods on consignment, except under circumstances to be 
defined by the Code Authority and subject to approval of the Board, 
where peculiar circumstances of the Industry require such practices. 

Section 6. Commercial Bribery. — No member of the Industry 
shall give, permit to be given, or offer to give, anything of value for 
the purpose of influencing or rewarding the action of any employee, 
agent, or representative of another in relation to the business of the 
emijloyer of such employee, the principal of such agent or the repre- 
sented party, without the knowledge of such employer, jDrincipal, or 
represented party. This provision shall not be construed to prohibit 
the free and general distribution of articles commonly used for ad- 
vertising, except so far as such articles are actually used for commer- 
cial bribery as hereinabove defined. 

Section 7. Compulsory Purchases. — No member of the Industry 
shall compel a bu5^er to purchase one product in order to purchase or 
obtain another. 

Section 8. Cash Discounts. — No member of the Industry shall 
allow^ a cash discount which is not duly earned by payment in ac- 
cordance with the terms of cash discount as provided for in the 
terms of sale. 

Section 9. Guarantee of Floo-r Stocks. — No member of the In- 
dustry shall guarantee floor stocks of customers against declines in 
price made either by the seller or by another member of the 
Industry. 

Section 10. Label Allowance. — No member of the Industry shall 
make any label allowance on products packed under Private Label 
unless the label is completely imprinted and delivered at the cost 
of the buyer, in wliich case the maximum allowance shall be 75 
cents per thousand for glass goods and $1.50 per thousand for 
canned goods. 

Section 11. Delivery Contracts. — No member of the Industry shall 
knowingly accept delivery from a grower of products contracted 



103 

for by another member of the Industry to be delivered to such 
member of the Industry except where sucli ofrower has a written 
agreement from such contracting member of the Industry releasing 
the grower from his delivery contract. 

Section 12. Contract Payments. — Xo member of the Industry 
shall delay payment to a grower longer than two (2) weeks after 
the delivery of products of the grower to a member of the Industry 
except where a contract stipulating another method of payment has 
been made and filed within thirty (30) days after execution of the 
contract with the Code Authority. In case of unforeseen conditions 
arising which require modification of this clause, a statement of the 
reasons for recjuesting the modification and a request for a stay of 
the provisions of this section may be made to the Cfidc Authority. 
The local representative of the Code Authority is authorized to 
grant a stay until final action on the request is taken by the Board. 

Article IX — Export Tkadi: 

Xo provision of this Code relating to prices or terms of selling, 
-Iiipping, or marketing shall apply to export trade or sales on ship- 
ment for export trade. ''Export Trade" shall be as defined in the 
Export Trade Act adopted April 10. 1918. 

Article X^^NIodificatiox 

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 on the basis of experience or changes in cir- 
cumstances, such modifications to be based upon application to the 
Board and such notice and hearing as it shall specify, and to become 
effective on approval of the Board. 

Article XI — ^Ioxopolies, Etc. 

No provisions of this Code shall be so applied as to permit monop- 
olies or monopolistic practices, or to eliminate, oppress, or dis- 
criminate 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 
crvices 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 liinited to actual additional increases in the seller's 
costs. 



104 

Article XIII — Effective Date 

This Code shall become effective on the first Monday after the 
10th day following its approval. 

Approved Code No. 524. 
Registry No. 113—01. 

o 



r^: 



AMENDMENTS 



93080— 3-J 



Approved Code No. 446 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANNING INDUSTRY 

As Approved on September 17, 1934 



ORDER 



Appro\T[NG Amendment of Code of Fair Competition for the 

Canning 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 Canning Industry, 
and opportunit}^ to be heard having been afforded all members of 
said Industry and any objections filed having been duly considered, 
and the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President : 

XOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933, and otherwise, do hereby incorporate, by reference, said 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 amended to include an approval of said Code in its entirety 
&s amended. 

Hugh S. Johnson, 
AdTTiinistrator for Industrial Recovery. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D.C, 

September 17, 1934. 

(105) 



KEPORT TO THE PRESIDENT 

The President, 

Th^ White House. 

Sik: This is a report on an amendment to Section 4, Article VI 
of the approved Code of Fair Competition for the Canning Indus- 
try No. 446. This Code was approved by you on May 29, 1934. 

Pursuant to Executive Order No. 6678, dated April 14, 1934, the 
Code Authority for the Canning 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 amendment of said 
Code in order to provide for the method of assessment and support 
the expense of the administration of this Code. 

The Deputy Administrator in his final report to me on said amend- 
ment to i^aid Code having found as liercin 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 intei"state and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare bj^ 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, bj^ 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 b}^ otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

(106) 



107 

(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. 

In accordance with Executive Order No. 6678, dated April 14, 1934, 
the amendment of this Code has been approved. 
Respectfully, 

Hugh S. Johnson, 

A drainis trot or. 
September 17, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 

THE CANNING INDUSTRY 

The Code of Fair Competition for the Canning Industry shall 
be modified by deleting Article VI, Section 4; by changing Sections 
6, 6, 7 and 8 to 4, 5, 6 and 7 respectively; by deleting from Section 6, 
sub-paragraphs (f ) and (g) and inserting in lieu of (f ) the amend- 
ment hereinafter set forth and by changing sub-paragraphs (h), 
(i), (J), (k), (1), (m) and (n) to (g), (h), (i), (j), (k), (1) and 
(m) respectively. 

Section 6 (f). 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 policj^ of the 
Act, the Code Authority is authorized : 

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

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

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

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 industrj'- 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 Recovery 
Administration. 

3. The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amoimt 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. 446 — Amendment No. 2. 
Registry No. 105-03. 

(108) 



Approved Code No. 415 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COMMERCIAL FIXTURE INDUSTRY 

As Approved on September 17, 1934 



ORDER 



Appro\ixg INIoDincATioN OF Code of Fair Competition for the 
Commercial Fixture 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 Commercial Fixture In- 
dustry, and due consideration having been given thereon and the 
annexed report on said modification, containing findings with re- 
spect thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authoritv^ vested in me by Executive Order Xo. 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 Avill promote the policy and pur- 
poses of said Title of said Act, and do hereby order that said modi- 
fication be and it is hereby approved, and that the previous approval 
of said Code is hereby modified to include an approval of said Code 
in its entirety as modified; provided, however, that Section 8 of 
Article VI and subsection (g) of Section 10 of Article VI, be and 
they are hereby deleted. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 

C. E. Adams, 

Division Administrator. 

Washington, D.C, 

September 17, 1934. 

(109) 



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 Commercial Fixture Industry, which has been 
submitted in accordance with Executive Order No. 6GT8. 

This modification enables the Code Authority to incur such rea- 
sonable obligations as are necessary to support the administration of 
the code and to maintain the standards of fair competition estab- 
lished by this code. It also enables the Code Authority to submit 
an itemized budget, and an equitable basis upon which the funds 
necessary to support such budget shall be contributed by the mem- 
bers of the industry. Such contributions are made mandatory by 
this modification. 

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

I find that : 

(a) Tlie modification of said code and the code as modified are 
well designed to promote the policies and purposes of Title I of thej 
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 j 
of cooperative action among trade groups by inducing and maintain- 
ing 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 re- 
striction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The code as modified complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation sub-section (a) of Section 3, sub-section (a) of Section 7j 
and sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- J 
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. 

(110) 



Ill 

(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. 
September 17, 1934. 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE COMMERCIAL FIXTURE INDUSTRY 

Delete present Paragraph (f) Section 10 of Article VI, and sub- 
stitute 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 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 j)urposes 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 Industrj^ 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 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 defi- 
ciency item for expenditures in excess of prior budget estimates 
except those which the Administrator shall have so approved. 

ApproA'ed Code No. 415 — Amenduieut No. 1. 
Kejristry No. 316-01. 

(112) 



Approved Code No. 25 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

OIL BURNER INDUSTRY 

As Approved on September 17, 1934 



ORDER 



Approving Modifications of the Code of Fair Competition for the 

Oil Burner Industry 

An application having been duly made pursuant to and in full com- 
pliance %Yith 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 Oil Burner Industry, and 
opportunity to be heard having been noticed to all interested parties 
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, elated December 30, 
1933, and otherwise; do hereby incorporate, by reference, said an- 
nexed report and do find that said modifications 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 modifications be and 
they are hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as modified. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Adhninistrator. 

Washington, D.C, 

September 17, 1034. 

(113) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : This is a report on the modifications to the Code of Fair Com- 
petition for the Oil Burner Industry, as revised after notice of 
opportunity to be heard, published August 7, 1934, in accordance with 
Article VII of said Code as approved on September 18, 1933. 

The modifications, which include assessment provisions and pro- 
vide for a new Code Authority organization and election, will im- 
prove the administration of this Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said modifi- 
cations 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 j^olicies 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 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 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 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 modifications on behalf of the Industry as a whole. 

(d) The modifications and the Code as modified are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) 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. 

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

For these reasons, these modifications have been approved by me. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 



September 17, 1934. 



(114) 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE OIL BURNER INDUSTRY 

PURPOSE 

Pursuant to Article VII of the Code of Fair Competition for the 
Oil Burner Industr}', duly approved by the President on September 
18, 1933, and further to effectuate the policies of Title I of the 
National Industrial Recovery Act, the following modifications are 
established as a part of said Code of Fair Competition and shall bo 
binding upon every member of the Oil Burner Industry. 

Article II — Participation 

Article II is hereby deleted, and there is hereby added a new 
Article II titled "Assessments " to read as follows : 

Article II — Assessments 

(a) 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 sui)port 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 contribu- 
tion 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 jn-ovided. 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. 

(115) 



116 

(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 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 VII — Administration of Code 

In conformity with the last paragraph of the Executive Order of 
September 18, 1933, approving this Code, Article VII, Section 1 is 
hereby modified by deleting the second sentence and subj^aragraphs 
(a), (b), (c), (d), (e), and (f) and substituting in lieu thereof, the 
following provisions, to wit : 

(a) The Code Authority after October 1, 1934, shall consist of nine 
members as follows : Five representatives of manufacturer members 
of the Industry and four representatives of dealer members of the 
Industry elected by members of the Industry. 

(b) Of the nine representatives of members of the Industiy, there 
shall be at least one manufacturer representative and one dealer 
representative from each of the following four areas. The ninth 
member shall be a manufacturer representative selected from any 
one of the four areas. 

(1) Area 1 shall consist of the following states: 

1. Maine 4. Massachusetts 

2. New Hampshire 5. Connecticut 

3. Vermont 6. Rhode Ishiiid 

7. New York 30. Delaware 

8. New Jersey 11. Ohio 

9. Pennsylvania 12. West Virginia 

(2) Area 2 shall consist of the following states: 

1. Nebraska 4. Illinois 

2. IMichi.nan 5. Wisconsin 

3. Indiana 6. Kansas 

7. Minnesota 10. Kentucky 

8. Iowa 11- North Dakota 

9. Missouri 12. South Dakota 

(8) Area 3 shall consist of the following states and city: 

1. Maryland & Wasliington, D. C. 4. South Carolina 

2. Virginia 5. Tennessee 

3. North Carolina 6. Georgia 

7. Florida 10. Arkansas 

8. Alabama 11. Louisiana 

9. Mississippi 12. Texas 

(4) Area 1^ shall consist of the folloAving states: 

1. Montana 4. Oklahoma 

2. Wyoming 5. New Mexico 

3. Colorado 6. Arizona 

7. Utah 10. Oregon 

8. Idaho 11. Nevada 

9. Washington 12. California 



117 

(c) Each of the nine representatives of members of the Industry 
shall have his principal place of business within the area from whicli 
he is elected. 

(d) ]\Iembers of the Code Authority shall hold office for one (1) 
year from October 1, 1934, or until their successors have been elected 
and or selected and shall Jiave qualified. The five representatives of 
numufacturer members may organize as a manufacturer division 
Code Autliority, to act on manufacturer problems only. The four 
representatives of dealer members may organize as a dealer division 
of the Code Authority, to act on dealer problems only. As there is 
an even number of dealer representatives provided for, in the case 
of a tie vote on any matter, the subject shall be referred to the Code 
Authority, sitting as a whole. 

(e) In addition to membership as above provided, there shall be 
not moj'e than three (8) members without vote, to be known as Ad- 
ministration Members, to be appointed by the Administrator to serve 
for such terms as he may specify. 

Nomination and Election 

On or before September 6, 1934, the Code Authority shall nominate 
eighteen qualified members, subject to the disapproval of the Ad- 
ministrator, The names of these nominees, consisting of two (2) 
manufacturers and two (2) dealers from each of the four (4) areas 
and two (2) other manufacturers, shall be submitted within ten (10) 
daA's of approval of these modifications by the Administrator to all 
known members of the Industry on a ballot which shall contain nine 
blank spaces in which the names of persons other than those nomi- 
nated may be written in. At the time the ballots are mailed to the 
Industry, the Code Authority shall call meetings in each of the four 
areas under the supervision of a temporary chairman, designated by 
the Chairman of the Code Authority. At such meetings other nomi- 
nations than those made by the Code Authority may be made from 
the floor for candidates from that particular area. Each manufac- 
turer member shall vote for five (5), and no more, manufacturer 
members from among those nominated or by writing in the names of 
persons of his own choice. Each dealer member shall vote for one 
(1), and no more, dealer representative from the area in which he 
lias his principal place of business, from among those nominated or 
by writing in the name of the person of his own choice. These 
ballots to be valid shall be returned to the Secretary of the Code 
Authority on or before September 30, 1934, and shall be counted by 
the Secretary and two members of the Industry designated as tellers 
b}' the Chairman of the Code Authority. The nine qualified persons 
receiving the highest number of votes as provided above shall be 
declared elected. 

Ajtproved Code No. 2."»— Amendment No. 2. 
Registry No. 1125—01. 



Approved Code No. 361 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PERFUME, COSMETIC, AND OTHER TOILET 
PREPARATIONS INDUSTRY 

As Approved on September 17, 1934 



ORDER 



) 



Approvtxg Amendments to Code of Fair Competition tor the 
Perfume, Cosmetic and Other Toilet Preparations Industry 

An application having been duly made pursuant to and in full 
conii)liance with the provisions of Title I of the National Industrial 
Recovery Act, approved June IG, 1933, for approval of amendments 
to a Code of Fair Competition for the Perfume, Cosmetic and Other 
Toilet Preparations Industry, and an opportunity to be heard hav- 
ing been given 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, 
l'J33, and otherwise; do hereby incorporate, by reference, said an- 
nexed report and do find that said amendments and the Code as 
constituted after being amended comply in all respects with the 
pertinent pi'ovisions 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, 
Administrator for Industrial Recovery. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator. 

"Washington, D.C, 

September 17, 1931 

(110) 

93080—34 3 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendments to the Code of Fair Com- 
petition for the Perfume, Cosmetic and Other Toilet Preparations 
Industry as approved on March 23, 1934. An opportunity to be 
heard has been duly afforded all interested parties. 

The purposes and effects of the amendments are as follows: 

Amendment No. 1 deletes Article VI, Section 3 which would con- 
flict with Amendment No. 2. 

Amendment No. 2 enables the Code Authority to incur such rea- 
sonable 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 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. 

Amendment No. 3 deletes part of Article VI, Section (g) which 
would conflict with Amendment No. 2. 

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) 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 in- 
creasing the consumption of industrial and agi-icultural 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 provisions of said Title of said Act, including without limitation 
subsection (a) of Section 3, subsection (a) of Section 7 and subsec- 
tion (b) of Section 10 thereof. 

(120) 



121 

(c) The Code empowers the Code Authority to present the afore- 
said aniendnients on behalf of the Industry as a whole. 

(d) These amendments and the Code as amended are not de- 
signed 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, 

A dministrator^ 
September 17, 1934, 



A^IENDIMENT TO CODE OF FAIR COMPETTTTON FOR THE 
PERFUME, COSMETIC, AND OTHER TOILET PREPA- 
RATIONS INDUSTRY 

Amondment No. 1 — Article VI: Strike out Section 3 and renumber 
renminino; sections lo conform. 

Amendment No. 2 — Article VI, Section 7 (which will become Sec- 
tion 0) : Strike out subsection (f) and in lieu thereof insert: 

"(f) (1) It being found necessary in order to support the admin- 
istration of this code and to maintain the standards of fair compe- 
tition established iiereunder and to effectuate the policy of the Act, 
the Code Authority is authorized : 

""A To incur such reasonable obligations as are necessary and 
])r()per for the foregoing purposes, and to meet such obligations out 
.(>f funds which may bj laised as hereinafter provided and which 
tihall 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 
puri)oses, and (2) an equitable basis upon which the funds necessary 
to suj^iport 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, lo 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 
find regulations pertaining thereto issued by the Administrator. 
Only members of the industry complying with the code and contrib- 
uting to the expenses of its administration as hereinabove provided, 
unless duly exempted from making such contribution, 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 
irs 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 
i em for expenditures in excess of prior budget estimates except 
those which the Administrator shall have so approved." 

Amendment No. 3 — Article VI, Section 7 (which will become Sec- 
tion 6), subsection (g) : Amend to read as follows: 

"(g) To cooperate with the Administrator in regulating the use of 
the N.R.A. Code Insignia solely by those members of the industry 
who are complying with this Code." 

Approved Code No. 361 — Amendment No. 1. 
Registry No. G04-03. 

(122) 



Approved Code No. 13 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FISHING TACKLE INDUSTRY 

As Approved on September 19, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 

Fishing Tackle 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 Fishing Tackle Indus- 
try, and notice to file objections having been duly published thereon 
and the annexed report on said modificaaon, containing findings 
with respect thereto, having been made and directed to the 
I"*resident '. 

NOW, THEREFORE, on behalf of the 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. C543-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 promo. e the policy and purposes 
of said Title of said Act, and do hereby order that said modificati(m 
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 said 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, 
AdTninisfrato?' for Industrial Recovery. 

Approval recommended : 

Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

September 19, 193Jf. 

(123) 



REPORT 1 THE PRESIDENT 

Tlie President, 

The White He/use. 

Sir: This is a report on a Modification of the Code of Fair Com- 
petition for the Fishing Tackle Industry, submitted in accordance 
with Article IV, Section 1. of the approved Code. The Modification 
provides for a budget and basis of assessment for the purpose of 
supporting the Administration of this Code. 

Opportunity to be heard Avas noticed to all interested parties. No 
objections were filed. 

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 pi'omoting 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 consumi^tion of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otlierwise 
rehabilitating industry. 

(b) The Code as modified complies in all respects Avith the perti- 
nent provision of said Title of said Act, including without limitation 
subsection (a) of Section 3, subsection (a) of Section 7 and subsec- 
tion (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said modification on behalf of the Industry as a whole. 

(d) The Modification and the Code as modified are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

Therefore, I have approved this modification. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 
September 19, 1934. 

(194) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FISHING TACKLE INDUSTRY 

Article IV 

Delete the present Section 6, Article IV, and substitute therefor 
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 ])urposes of the Code. 

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

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

Approved Code No. 13 — Amendment No. 3. 
Registry No. 1657-1-03. 

(125) 



Approved Code No. 9 — Amendment No. 22 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on September 19, 1934 



ORDER 



Approving Amendment to the Code of Fair Competition for the 
Lumber and Timber Products Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I, of the National Indus- 
trial Recovery Act, approved June IC, 1933, for approval of an 
amendment to a Code of Fair Competition for the Lumber and 
Timber Products 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 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 : 

C. E. Adams, 

D ivisio n A dministrator. 

Washington, D.C, 

September 19, 1934. 

(127) 



I 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Deputy Administrator in his final report to me on said 
amendment to said Code having found as herein set f ortli and oh 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 cap)acity of industries, by avoiding undue restric- 
tions of production, 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 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 amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

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

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

(g) The amendment deals with equalization of minimum wages 
as between geographical areas. It represents a minor reduction in 
sawmill, factory and logging rates in the North Central Hardwood 
region, including the States of Illinois, Indiana and Ohio. This 
region is surrounded on all sides except directly west, where no 
lumber manufacturing industry exists, by substantially lower wage 
rates. It is claimed by many operators in these States that they are 
unable to operate under the existing wage rates and that, conse- 
quently, they are closing their mills. 

For these reasons, therefore, I have approved this amendment to 
the Code. 

Respectfully, 

Hugh S. Johnson, 

Administrator. 
September 19, 1934. 

(128) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LUMBER AND TIMBER PRODUCTS INDUSTRY 

AMENDMENT NO. 29 

In Article VII (d) under the heading " North Central Hardwood " 
strike out the figures " 32.5 " and insert " 30 ". 

Approved Code No. 9 — ^Amendment No. 22. 
Registry No. 313-1-06. 

(129) 



Approved Code No. 205 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

METAL WINDOW INDUSTRY 

As Approved on September 19, 1934 



ORDER 



Approving Amendment to Code or Fair Competition for the Metal 

Window Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I ot the National Industrial 
Recovery Act, approved June IG, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Metal Window Industry, 
and as contained in a Published Notice of Opportunity to be Heard, 
and no objections having been filed, and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President, 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order 6543-A, dated December 30, 
1933. and otherwise, do hereby incorporate, by reference, said an- 
nexed report and do find that said amendment and the Code as 
constituted after being amended comply in all respects with the 
pertinent provisions and will promote the policy and purposes of 
said Title of said Act, and do hereby order that said amendment be 
and it is hereby approved, and that the previous approval of said 
Code is hereby amended to include an approval of said Code in its 
entirety as amended, except subsections (f) and (g) of Section 9, 
Article VI, are deleted insofar as they conflict with the provisions 
of this amendment, 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, 
Ad7ninistrator for Industrial Recovery. 

Approval recommended : 

Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

September 19, 1934. 

(131) 



REPOKT TO THE PRESIDENT 

The President, 

The 'White House. 

Sm: An application has been duly made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act for an Amendment to the Code of Fair Competition for the 
Metal Window Industry, submitted by the Code Authority for the 
said Industry. 

The existing provision of Article VI, Section 7, of the Code for 
said Industry is entirely inadequate in view of Executive Order No. 
6678, dated April 14. 1934, and Administrative Order X-36, dated 
May 26, 1934, and it is therefore evident that the proposed Amend- 
ment to Article VI, Section 7 of said Code, the provisions of which 
are in accordance with the text of the above mentioned Orders, will 
enable the Industry to secure the desired result. 

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, 

t J find that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purpo'ses 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 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. 

(132) 



133 

(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, 
September 19, 1934. 



Hugh S. Johnson, 

Administrator. 



MODIFICATION TO CODE OF FAIR COMPETITION FOR 
THE METAL WINDOW INDUSTRY 

Purpose 

Pursuant to Article XII, Section 2, of the Code of Fair Competi- 
tion for the Metal Window Industry duly approved by the Adminis- 
trator on January 13, 1934, and further to effectuate the policies of 
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 Metal Window 
Industry. 

Modification 

Delete the present Section 7 of Article VI, and insert in lieu thereof 
the following new Section 7 : 

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

Authority 

Section 7. 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 Authorit}^ 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 
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. 

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 hereinaVove provided, unless 
duly exempted from making such contributions, shall be entitled to 

(134) 



135 

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 insij^nia of the National Recovery Administration. 
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. 205 — Amendment No. 1. 
Registry No. 1122-1-01. 



93080—34- 



Approved Code No. 84G — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

TOOL AND IMPLEMENT MANUFACTURING 

INDUSTRY 

As Approved on September 19, 1934 



ORDER 



Approving Amendment to the Supplementary Code of Fair Com- 
petition FOR the Tool and Implement Manufacturing Industry 

A division of the fabricated metal products manufacturing and 

k 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, for approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Tool 
and Implement Division of the Fabricated Metal Products Manu- 
facturing and Metal Finishing and Metal Coating Industry, and due 
notice and opportunity to be heard having been given thereon and 
the annexed report on said amendment containing findings with re- 
spect thereto, having been made and directed to tlie President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order 6543-A, dated December 30, 1933, 
and otherwise; do hereby incorporate by reference, said annexed 
report and do find that said amendment and the Supplementary 
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, 
Adminifitrator for Industrial Recoveinf. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D.C. 

Septemher 19, lOSJf. 

(137) 



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 Tool and Implement Manufacturing Division 
of the Fabricated Metal Products Manufacturing and Metal Coating 
Industiy as approved on March 15, 1934. Application was made 
under date of June 16, 1934, by the Supplementary Code Authority 
for the Tool and Implement Manufacturing Industry for modifica- 
tion of the provisions of Article IV, Sections 4 and 5 of the Supple- 
mentary Code. Fair notice of opportunity to file objections to this 
proposed amendment was given to all interested parties. No objec- 
tions were filed. 

This amendment was drawn up and proposed in accordance with 
Executive Order No. 6678, dated April 14, 1934, and Administrative 
Order No. X-36. It is intended to govern the collection of expenses 
of Code Administration by the Tool and Implement Supplementary 
Code Authority. This amendment does not in any way affect the 
labor provisions of the Supplementary Code nor anything other than 
assessment for expenses of Code Administration. 

FINDINGS 

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

I find that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action among trade groups, by inducing and maintaining 
united action of labor and management under adequate 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 reducing and relieving unemployment, by improv- 
ing 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 Avithout limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(138) 



139 

(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the 
industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(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. 
September 19. 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE TOOL AND IMPLEMENT 
MANUFACTURING INDUSTRY 

A DIVISION OV THE FABRICATED METAL FRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Modify Article IV by deleting Section 4 and substituting in place 
thereof the following: 

Section 4. (1) It being found necessary in order to support the 
administration 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 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 necessary 
to support such budget shall be contributed by members of the 
industry ; 

(c) After such budget and basis of contribution have been ap- 
proved by the Administrator, to determine and obtain equitable con- 
tributions as above set forth 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 Supplemen- 
tary Code Authority, determined as hereinabove provided, and sub- 
ject to rules and regulations pertaining thereto issued by the Ad- 
ministrator. Only members of the industry complying with the 
Supplementary Code and contributing to the expenses of its admin- 
istration as hereinabove jDrovided, 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 no 
pay any obligation substantially in excess of the amount thereo 
as estimated in its approved budget, and shall in no event excee 
the total amount contained in the approved budget except upo 

(140) 



i 



141 

approval of the Administrator ; and no subsequent budget shall con- 
tain any deficiency item for expenditures in excess of prior budget 
estimates except those which the Administrator shall have so 
approved. 

Modify Article IV, Section 5, by deleting Subsections f and g and 
renumbering Sub-section h to read Sub-section f and Sub-section i to 
read Sub-section g. 



I 



Approved Code No. 84G — Amendment No. 1. 
Registry No. 1149-1-05. 



Approved Code No. 246^Amendinent No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAPER DISC MILK BOTTLE CAP INDUSTRY 

As Approved on September 20, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Paper Disc Milk Bottle Cap Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I. of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a modifica- 
tion to a Code of Fair Competition for the Paper Disc Milk Bottle 
Cap Industry, and due notice and opportunity to be heard havinj^ 
been given thereon, and the annexed report on said modification, 
containing findings with respect thereto, having been made and 
directed to the President : 

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

Approval recommended: 

Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D.C, 

September 20, 193k. 

(143) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on a modification of the Code of Fair! 
Competition for the Paper Disc Milk Bottle Cap Industry which j 
was approved by you on February 1, 1934. i 

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 
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 capacity of industries, by avoiding 
undue restriction of production (except as may be temporarily re- 
quired), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) The Code as modified complies in all respects with the 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 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 these reasons this modification has been approved. 
Respectfully, 

Hugh S. Johnson, \ 

Administrator. 
September 20, 1934. , 

(144) I 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE PAPER DISC MILK BOTTLE CAP INDUSTRY 

Delete Section VI of Article II and in lieu thereof insert: 
G. (a) It beino; 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 [)urposes, 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. 

(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 Administration. 

(c) The Code Authority shall neitlier 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- 
I ministrator; and no subsequent budget shall contain any deficiency 
item for expenditures in excess of prior budget estimates except those 
' wliich the Administrator shall have so approved. 

Approved Code No. 246 — Amendment No. 1. 
' Rejristry No. 1G08-02. 

(145) 



Approved Code No. 216 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

POWDER PUFF INDUSTRY 

As Approved on September 20, 1934 



ORDER 



Approving Amendment of Cope of Fair Competition for the 

Powder Puff Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June IG, 19;53, for approval of an amend- 
ment to a Code of Fair Competition for the Powder PuH' Industry, 
and Notice of Opportunity to be Heard having been duly afl'orded all 
members of the Industry and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made and 
directed to the Piesident: 

NOAV, THEREFORE, on behalf of the President of tlie United 
States, I, Hugh S. Johnson, Administrator for Inikistria! Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Oi'dei- No. Gr)43-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 res])ects 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: 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D.C, 

September W, 1934. 

(147) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Code of Fair Competition for 
the Powder Puff Industry has submitted a proposed amendment to 
this Code. After conferring with members of the Code Authority 
and representatives of the various advisory boards of the National 
Recovery Administration, Notice of Opportunity to be Heard was 
afforded the members of this Industry through the published notice 
of August 24, 1934, said Notice having expired on September 5, 1934,. 
with no criticisms of, objections to, or suggestions having been sub- 
mitted. 

This amendment amended Article VI, by deleting sections 5 and 
7 (f ) of said Article and substituting as Section 5, provisions author- 
izing the collection of funds for the purpose of administering Code 
Authority expenses. As a result of deleting Section 7 (f), subsec- 
tions g, h, i, j and k of Section 7 have been identified as subsections 
f, g, h, i and j respectively. 

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 proceedings in this matter : 

I find that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of Industry for the pur- 
pose of cooperative action of labor and management under adequate 
governmental sanction and 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 per- 
tinent provisions of said Title I 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 amendments on behalf of the Industry as a whole. 

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

(148) - 



149 

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

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

For these reasons, this amendment has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 
September 20, lOM. 



t 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE POWDER PUFF INDUSTRY 

Amend Article VI, by deleting Sections 5 and 7 (f) and substi- 
tuting:? the following as Section 5; subsections g, h, i, j and k of 
Section 7 shall be identified as subsections f, g, h, i and j. 

Section 5. It being found necessary in order to support the ad- 
ministration 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 Avhich 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. 

(d) Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the industry complying with the code and contributing 
to the expenses of its administration as hereinabove provided, (un- 
less duly exempted from making such contributions,) shall be enti- 
tled 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 Admin- 
istration. 

(e) The Code Authority shall neither incur nor pay any oblifiation 
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. 216 — ^Amendment No. 1. 
Registry No. 299-1-20. 

(150) 



Approved Code No. 88 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BUSINESS FURNITURE, STORAGE EQUIPMENT 
AND FILING SUPPLY INDUSTRY 

As Approved on September 21, 1S34 



ORDER 



Approving Amendment to the Code of Fair Competition for the 
Business Furniture, Storage Equipment and Filing Supply 
Industry - 

An api)lication having been duly made pursuant to and in full 
compliance with the provisions of ritle I of the National Industrial 
Reco\cry Act, approved June IG, 1933, for approval of an amend- 
ment to the Code of lair Competition for the Business Furniture. 
Scorage Equipment and Filing Supply Industry, and notice of op- 
portunity to lile objections thereto having been issued and the 
annexed report on said amendment containing findings with respect 
thereto having been made and directed to the President; 

NOW, THEREFORE, 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, 
and otherwise, do, for and on behalf of the President, incorporate by 
referen e 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 
purj^ioses of said Title and 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 said 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, 

September 21, 193!^. 

93080—34 5 (151) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendment of the Code of Fair Com- 
petition for the Business Furniture, Storage Equipment, and Filing 
Supply Industry as approved by you on November 4, 1933. Appli- 
cation was made under date of July 9, 1934, by the National Emer- 
gency^ Conmiittee of the Business Furniture, Storage Equipment, 
and Filing Supply Industry, for amendment of certain provisions of 
Article IV of the Code. Fair notice of opportunity to file objec- 
tions to this amendment was given to all interested parties, and no 
objections were filed. 

This amendment was drawn up and proposed in accordance with 
Executive Order No. 6678, dated April 14, 1934, and with the Legal 
Division's suggested wording for such amendments. It is intended 
to govern the collection of assessments for code administration by 
the National Emergency Committee of the Code of Fair Competi- 
tion for the Business Furniture, Storage Equipment, and Filing 
Supply Industry. 

This amendment does not in any way affect the labor provisions 
of the Code or anything other than assessment for expenses of code 
administration. 

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

I find that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action among trade groups, by inducing and maintaining 
united action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural jn-oducts through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by imi)roving standards of labor, and by otherwise rehabilitat- 
ing industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub- 
section (b) of Section 10 thereof. 

(152) 



153 

(c) The Code empowers the National Emergency Committee to 
present the aforesaid amendment on behalf of the Industry as a 
whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(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. 
September 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BUSINESS FURNITURE, STORAGE EQUIPMENT 
AND FILING SUPPLY INDUSTRY 

Article IV of the Code of Fair Competition for the Business 
Furniture, Storage Equipment, and Filin<^ supply industry, shall be 
and the same is hereb}' amended by striking out Paragraph 4 and 
inserting in lieu thereof the following: 

It being found necessary, in order to support the administration 
of this Code and to maintain the standards of fair competition es- 
tablished by this Code and to effectuate the policy of the Act, the 
National Emergency Committee 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 lield 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 wliich 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 
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) Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the National 
Emergency Committee, determined as hereinabove provided, and 
subject to rules and regulations pertaining thereto issued b}^ the 
Administrator. Only members of the industry complying with the 
Code and contributing to the expenses of its administration as 
hereinabove provided (unless duly excepted from making such con- 
tribution), shall be entitled to participate in the selection of mem- 
bers of the National Emergency Committee or to receive the benefits 
of any of its voluntary activities or to nuike use of any emblem or 
insignia of the National Recovery Administration. 

(e) The National Emergency Committee shall neither incur nor 
pay an}^ 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 ap- 
proval of the Administrator; and no subsequent budget shall con- 
tain anj'^ deficienc}^ item for exj^enditures in excess of prior budget 
estimates except those which the Administrator shall have so 
approved. 

Approved Code No. 88 — Aniendnient No. 2. 
Registry No. 1137-1-01. 

(154) 



Approved Code No. 467 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CIGAR MANUFACTURING INDUSTRY 

As Approved on September 21, 1934 



ORDER 



Appuoving Amendment of Code of Fair Competition fou the 
CiGAK Manufacturing Industry 

An api)lication 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 Compet'tioii for the Cigar Manufacturing 
Industry, and opportunity to bo heard thereon having been afforded 
all members of said industiy and any objections filed having been 
duly considered, and the annexed report on said amendment contain- 
ing findings with respect thereto, having been made and directed to 
the President : 

NOW, ^J^HEREFORE, on behalf of the Pres"dent of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order Number 6513-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, 
Adjnhiistrator for Industrial Recovery. 

Approval reconmiended : 

Armin W. Riley, 

Division Administrator. 

Washington, D.C, 

September 21, 193 If. 

(155) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority of the Cigar Manufacturing Industry- 
has requested that the Code of Fair Competition for said industry 
be modified by adding thereto Article XIII. This article will per- 
mit the Code Authority to sell stamps to the members of the industry, 
such stamps to be attached to the container of the cigars. 

The stamp will bear the N.R.A. insignia, and a symbol indiciiting 
the intended retail price of the product. Members of the industry 
may apply to the Code Authority for permission to use these stamps, 
and such permission will be granted so long as they comply with the 
Code. 

The charge made for the labels by the Code Authority shall at all 
times be subject to the supervision and orders of the Administrator 
and shall noit be more than an amount necessary to cover the actual 
reasonable cost thereof, including actual printing, distribution, ad- 
ministration, and supervision of the use thereof. 

It is expected that the use of this label will greatly aid in obtaining 
compliance with the Code. In addition, the use of the stamp will 
itself symbolize the conditions under which the cigars are manufac- 
tured and will protect purchasers relying on said stamps. 

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

I find that 

(a) The Amendment of 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 
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 res})ects with the perti- 
nent provisions of said Title of said Act, including without limi- 
tation Section (a) of Section 3. Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(156) 



157 

(c) The Code empowers the Code Authority of the Cigar Manu- 
facturing Industry to present the aforesaid modification on behalf 
of the industry as a whole. 

(d) The amendment and the Code as modified 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 the amendment has been approved. 
Respectfully, 

Hugh S. Johnson, 
Adtninistrator for Industrial Recovery. 
September 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
CIGAR MANUFACTURING INDUSTRY 

Article XIII — Labels 

All cigars manufactured or distributed subject to the provisions 
of this Code shall have an N.R.A. label in the form of a stamp affixed 
to the outside of the container thereof to symbolize to purchasers of 
said cigars the conditions under which they were manufactured. 
Under the powers vested in him b}^ Executive Order of October 14, 
1933, and under grant of the necessary authority by the Adminis- 
trator, the Code Authority shall have the exclusive right in this 
Industry to issue and furnish said labels to the members thereof. 
Any and all employers may apply to the Code Authority for a permit 
to u^e such N.R.A. label, which permit to use the label shall be 
granted to them, but only if and so long as they comply with this 
Code. The Code Authority, subject to approval by the Adminis- 
trator, shall establish rules and regulations and appropriate machin- 
ery 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 ascertain- 
ing the right of said employer to the continued use of said labels; 
or protecting purchasers in relying on said labels, of insuring to 
each individual employer that the symbolism of said label will be 
maintained by virtue of compliance with the practices herein con- 
tained by all other employers using said label. 

The charge made for such labels by the Code Authority shall at 
all times be subject to supervision and orders of the Administrator 
and shall be not more than an amount necessary to cover the actual 
reasonable cost thereof, including actual printing, distribution, and 
administration and supervision of the use thereof as hereinabove set 
forth. 

Approved Code No. 4G7 — Ameudment No. 1. 
Registry No. 1615-13. 

(158) 



i 



Approved Code No. 26 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GASOLINE PUMP MANUFACTURING INDUSTRY 

As Approved on September 21, 1934 



ORDER 



AppROVI^"G Amendment or the Code of Fair Competition for the 
Gasoline Pump 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, ajDproved June 16, 1933, for approval of an amend- 
ment of a Code of Fair Competition for the Gasoline Pump Manu- 
facturinfj Industry, and as contained in a Published Notice of 
Opportunity to Be Heard, Administrative Order No. 26-10, dated 
Auirnst 20, 1934. and no objections having been filed as provided 
in said Published Notice, and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President, 

NOW. THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Exe utive Orders of the Presi- 
dent, including Executive Order 6543-A, dated December 30, 1933, 
and otherwise; do hereby incorporate, by reference, said annexed 
report and do find that said amendment and the Code as constituted 
after being amended comply in all respects with the pertinent pro- 
visions and will promote the policy and purposes of said Title of 
said Act, and do hereby order that said amendment be and it is 
hereby approved, and that the previous approval of said Code is 
hereby modified to in hide an approval of said Code in its entirety 
as amended, such approval and su h 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, 
Administrntor for Industrml Recovery. 

Approval recommended : 

Barton W. ]\Iurray, 

Division Admin ifitrator. 

Washington, D.C, 

September 21, 1934. 

(159) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: This is a report on an amendment to the Code of Fair 
Competition for the Gasoline Pump Manufacturing Industry, in 
accordance with Article XIII of said Code as approved on Septem- 
ber 18, 1933. 

The amendment provides for a change in the wording of Article 
X to provide for a Code Authority of seven members, instead of 
five members as at present. Notice of Opportunity to Be Heard 
was given from August 20, 1934, to September 4, 1934; no objections 
were filed. 

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 of 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 
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 
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 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. 

(160) 



161 

(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, this amendment has been approved by me, 
subject to a ten (10) day stay and opportunity to be heard by all 
affected persons. 

Respectfully, 

Hugh S. Johnson, 

A dniinistrator. 
September 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE GASOLINE PUMP MANUFACTURING INDUSTRY 

Change word " five " in seventh line of Article X to " seven ", 
clause to read as follows : 

'• The Executive Committee of the Gasoline Pump Manufacturing 
Industry is hereby constituted and shall be composed of seven mem- 
bers, chosen by a fair method of selection and approved by the 
Administrator.'' 

Approved Code No. 26 — Amendment No. 2. 
lloaistry No. 1326-01. 

(162) 



Approved Code No. 234 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MACARONI INDUSTRY 

As Approved on September 21, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 

Macaroni 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 Macaroni Industry, 
and opportunity to be heard having been aiforded all members of 
said Industr}^ and any objections filed having been duly considered, 
and the annexed report on said amendment, containing findings with 
respect thereto, having; been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S, Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, 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 hereliy approved, and tliat the previous approval of said Code is 
hereby amended to include an approval of said Code in its entirety 
as amended, sucli ap])roval 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 Adminis- 
trator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Armin AV. Riley, 

Division xi dmin istrator. 

Washington. D.C, 

September 21, 1934. 



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 Macaroni Industry No. 234, as approved by me on 
January 29, 1934, and amended on July 17, 1934, by adding thereto 
a new Article No. XII. 

The Code Authority for the Macaroni Industry, in accordance 
with Section 2 of Article IX of said Code, having found it neces- 
sary 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 providing that those members of the 
industry who desire to do so may enter into an agreement among 
themselves providing for liquidated damages. 

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 the 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 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 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 Avill 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. 

Therefore the amendment of this Code has been approved by me. 
Respectfully, 

Hugh S. Johnson, 

AdTnlnistrator. 
September 21, 1934. 

(164) 



< 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MACARONI INDUSTRY 

Article XII — Damages 

Recognizing that the viohition by a member of any provision of 
this Code will disruijt the normal course of fair competition in the 
Industry and cause serious damage to others, and that it will be 
impossible accurately to determine the amount of such damage, it is 
hereby provided that those members who desire to do so may enter 
into an agreement among themselves embodying the following pro- 
visions : 

Section 1. Each member violating any provisions of this Code 
shall pay to the Treasurer of the Code Authority, as an individual 
and not as Treasurer, in trust, as for liquidated damages upon de- 
termination of violation by the Administrator, or an impartial 
agency or person nominated by the Code Authority or designated by 
the assenters to this agreement and approved by the Administrator, 
amounts as set forth below : 

(a) For the violation of any wage provision, an amount equal to 
the difference between the wages which have been paid and the wages 
which would have been paid if the member had complied w4th the 
applicable provisions of the Code ; 

(b) For the violation of any hour provision, an amount equal to 
the wages payable for the overtime at the reguhir rate payable under 
the terms of the Code, to the employee or employees who worked 
overtime ; 

(c) For the violation of any labor provision of the Code other 
than an hour or wage provision, one hundred dollars ($100.00) ; 

(d) For the violation of any provision of the Code (other than 
a labor provision) involving a transaction incidental to or connected 
with a sale of any product of the industry, an amount equal to 
twenty percent (20%) of the actual selling price of the product 
sold in violation of any such provision, or of the price at which the 
product should have been sold under the Code, if determinable, or 
two cents (2^) per pound, Mdiichever is the highest; 

(e) For the violation of any provision of the Code (other than 
a labor provision) not involving a transaction incidental to or con- 
nected with a sale of any product of the industry, one hundred dol- 
lars ($100.00). 

(f ) For the nonpayment of assessments for maintaining the Code 
Authority and its activities an amount equal to one percent (1%) 
of the assessment for each thirty (30) days such assessment is past 
due ; 

Sec. 2. The amount to be assessed as liquidated damages under 
Section 1. paragraphs (a), (b) and (d), shall be determined by the 
Administrator, or an impartial agency or person nominated by the 
Code Authority or designated by the assenters to this agreement and 
approved by the Administrator. 

Sec. 3. All amounts so paid to or collected by the Treasurer of 
the Code Authority, under the provisions of this Article shall be 

(165) 



166 

applied by him as follows : First, if the violation shall have been of 
a labor provision of the Code, equitable distribution of all damages 
paid therefor shall be made among all employees directly affected 
by such violation ; Second, if the violation shall have been of a Code 
provision other than a labor provision, the damages arising there- 
from shall be utilized to defray proper expenses of the administration 
of this Article and the balance, if any, remaining in the hands of 
the Treasurer shall be disti-ibuted equally semi-annually among mem- 
bers of the industry who assented hereto and who have not been 
determined to have been guilty of a violation of a Code provision 
during the preceding semi-annual period. 

Sec. 4. Assent to this Article by any member shall be evidenced by 
a signed statement signifying assent, filed with the Code Authority. 
Failure to assent to this Article shall not deprive any member of any 
right or privilege under the Code. By so assenting, each member 
agrees with every other member and the Treasurer, individually, 

(1) that violation of a Code provision shall breach this agree- 
ment and shall render the violator liable for the payment of liqui- 
dated damages as herein provided, 

(£') all rights and causes of action arising hereunder, are assigned 
to the Treasurer, individually and in trust, and 

(3) that the treasurer, as such assignee and as attorney-in-fact for 
each assenting member, may take all proper legal action concerning 
damage found due hereunder. 

Sec. 5. The Code Authority may Avaive liability for payment of 
liquidated damages for any violation it finds has been innocently 
made and resulting in no material injury. 

Sec. 6. The Treasurer of the Code Authority, as an individual, 
and not as Treasurer, by accepting office, accepts the trust established 
by this contract and becomes an assenting party to this contract by 
filing his acceptance with the Code Authority and agrees to perform 
the duties of Trustee hereunder until his successor in office shall have 
been appointed. 

Sec. 7. Nothing contained herein shall be construed or applied to 
(a) deprive any person of any right or right of action arising out 
of this Code, or (b) relieve any member of the industry from any 
contractural or legal obligation arising out of this Code or of the 
Act or otherwise ; nor shall violation of this agreement by an assent- 
ing member be deemed a violation of the Code, so as to subject the 
violator to any consequence arising under Section 3 (b), Section 3 (c), 
or Section 3 (f) of the National Industrial Recovery Act, nor to any 
criminal prosecution of any kind. 

Approved Code No. 234 — Anieiidment No. 2. 
Registry No. 129^1-02. 



Approved Code No. 60 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on September 21, 1934 



ORDER 



Approving AME^I)ME^"T to Code of Fair Competition for the 

Retail 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, 1983, for approval of an amend- 
ment to the Code of Fair Competition for the Retail Trade, 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. 6o43-A, dated December 
30, 1933, and otherwise; do hereby incorporate by reference said 
annexed report and do find that said amendment and the Code as con- 
stituted after beino; 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 : 
Robert L. Houston, 

Division Administrator. 

Washington, D.C, 

September 21, 1934. 

93080— .54 r, (167) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Hearing on the amendment to the Code of Fair Competi- 
tion for the Retail Trade was held on August 27, 1934 in Room 
# 2062, Department of Commerce Building. The amendment, 
which is attached, was presented by duly qualified and authorized 
representatives of the Trade, complying with statutory requirements, 
such representatives being 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- 
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- 
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 amended complies in all respects with the per- 
tinent 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 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 the approval 
of said amendment. 

For these reasons I have approved said amendment to the Code 
of Fair Competition for the Retail Trade. 
Respectfully, 

Hugh S. Johnson, 

Ad77unistrator. 
September 21, 1934. 

(168) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE RETAIL TRADE 

Article IX is hereb)^ ameiulecl by adding a new Section as follows : 
Section 5. No retailer shall give, offer to give or cause to be 
given to any person, free of charge, any article of value or any serv- 
ice, when delivery of such article or the performance of such service 
is conditional upon said person taking part in any scheme of chance 
or in a contest unless such contest does not violate the lottery or 
gambling laws of the State or of the United States, and unless such 
contest in addition fulfills the following conditions: 

(1) That the rules of the contest be clearly defined and strictly 
adhered to in making the awards thereunder. 

(2) That the determination of the winner of such contest be not 
influenced by the laws of chance but by merit. 

(3) That there be appointed, or selected, a sufficient staff of com- 
petent and disinterested persons to act as judges who shall give 
equal consideration to the suggestions of all entrants. 

(4) That all employees of the establishment and their immediate 
families be declared ineligible to compete in such contest. 

Appi'oved Code No. 60 — Amendment No. 5. 
Regi.stry No. 1625-2-02. 

(169) 



Approved Code No. 60 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on September 21, 1934 



ORDER 



Approving Amendment to Code of Fair Competition to the Retail 

Trade 

An application havin<!; been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June IG, 1933, for approval of an amendment 
to a Code of Fair Competition for the Retail Trade, 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: 

NOAV, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated 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 
joertinent 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 
entiret}'' as amended. 

Hugh S. Johnson, 
Admi7iistrator for Industrial Recovery. 

Approval recommended : 
Robert L. Houston, 

Division Administrator. 

Washington, D.C, 

September 21, 193k. 

(171) 



I 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : On March 29, 1934, an amendment to the Code of Fair Com- 
petition for the Retail Trade was approved which established a 
new " loss limitation " base for the Retail Drug Trade. On June 7, 
1934, at a public hearing called to determine the effects of this 
amendment upon the Trade after sixty days of operation, it was 
found that enforcement of this provision, while good, had been ham- 
pered somewhat by the last proviso which permitted certain deduc- 
tions on account of manufacturer's discounts and allowances to dozen- 
lot purchasers. These allowances have only a negligible effect on 
the resultant price, yet cause considerable confusion in its de- 
termination. 

The National Retail Drug Code Authority, at this hearing pro- 
posed the elimination of this proviso, and has submitted the annexed 
amendment which is designed to clarify and render more practicable 
and enforceable the previous clause, at the same time giving the 
Administrator express power to safeguard the interests of con- 
sumers and small enterprises in individual cases. 

This amendment does not alter the principle set forth in the pre- 
vious provision nor does it appreciably alter the basis on which that 
principle was applied, except insofar as that basis had proven con- 
fusing in practice. 

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 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 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, })y 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 
sub-section (a) of Section 3, sub-section (a) of Section 7 and. sub- 
section (b) of Section 10 thereof. 

(172) 



173 

(c) The Code empowers the Code Authority to present the afore- 
said aiuendment on behalf of the Trade as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not oper- 
ate to discriminate against them. 

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

(g) This amendment is imperative to the existence of the Retail 
Drug Trade and without such a provision the said Trade will not 
be able to comply with the other provisions of the Code established 
therefor. 

For these reasons the amendment has been approved. 

Hugh S. Johnson, 

Administrator. 
September 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 

THE RETAIL TRADE 

Section 6 of Schedule "A" of the Code of Fair Competition for 
the Retail Trade, as amended, is hereby amended as follows : 

Sec. 6. It is hereby declared an unfair trade practice for any 
drug retailer to sell anj^^ drugs, medicines, cosmetics, toilet prepara- 
tions or drug sundries at a price below the manufacturers' wholesale 
list price per dozen ; provided, how-ever, that in the case of biologicals 
or other of the above-mentioned products, which are not customarily 
sold in dozen or greater lots, the Code Authority may fix a com- 
parable unit quantity. 

The Administrator, at the recommendation of the National Retail 
Drug Code Authority or otherwise, after such notice and hearing 
as he may deem necessary, may suspend or modify the operation of 
this clause at any time when it appears that such operation does 
not tend to effectuate the purposes of Title I of the Act. The Ad- 
ministrator shall suspend or modify the operation of this clause in 
any particular case where a manufacturer is found to be manipulat- 
ing his prices because of this provision in such a manner as to main- 
tain an unwarrantedly higher price to the ultimate consumer or to 
oppress small enterprises, or otherAvise to defeat the purposes of 
the Act. 

Approved Code No. 60 — Amendment No. 6. 
Registry No. 1625-2-02. 

(174) 



Approved Code No. 388 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SANDSTONE INDUSTRY 

As Approved on September 21, 1934 



ORDER 



Approving Amendment to the Code of Fair Competition for the 

Sandstone Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June IG, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Sandstone Industry, 
and an opportunit}' to be heard having been duly afforded all in- 
terested parties, and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President : 

^ NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
])ursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
?>0, 11)33, 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 hereb}' approved, and that the previous approval of said 
Code is hereb}^ modified to include an approval of said Code in its 
entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
C. E. Adams, 

Division Adrninistrator. 

Washington, D.C, 

September 21, 1031^. 

(175) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: In accordance with the provisions of the Code of Fair Com- 
petition for the Sandstone Industry, approved April 6, 1934, the 
Code Authority has submitted an amendment to Article VI, Section 
1 (e) (5) designed to empower the Code Authority to collect assess- 
ments from members of the Industry to provide for the expenses of 
administering the Code. Under this amendment payment of such 
assessments will not be mandatory until the Code Authority has 
submitted and has had approved by the Administrator, a Budget and 
plan of assessment. A provision of the amendment forbids the Code 
Authority from making expenditures in excess of their approved 
budget. These provisions replace the former provisions for support- 
ing the Code Authority through voluntary payments. 

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) That 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 re- 
striction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent 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 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. 

(176) 



177 

(e) The fimendnient 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. 

(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 the amendment. 
Respect f idly, 

Hugh S. Johnson, 

A dminis trator. 
Septembek 21, 1934- 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SANDSTONE INDUSTRY 

Modify Article VI, Section 1 (e) (5) by deleting present Section 
1 (e) (5) and substituting in lieu thereof, the following new para- 
graphs and renumber present paragraph (6) to read, paragraph (8) : 

(5) It being found necessary in order to support the administra- 
tion of this Code and to maintain the standards of fair competition 
established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized : 

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

(G) 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 benefit of its voluntary activities or to 
make use of any emblem or insignia of the National Recovery 
Administration. 

(7) The Code Authority shall neither incur nor pay any obliga- 
tion 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. 388 — Amendment No. 1. 
Registry No. 1039-11. 

(178) 



Approved Code No. 279 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEAM HEATING EQUIPMENT INDUSTRY 

As Approved on September 21, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Steam 

Heating 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 IG, 1933, for approval of an amendment 
to a Code of Fair Competition for the Steam Heating Equipment 
Industry, and opportunity to be heard having bsen afforded all 
membi'rs of said Industry and no objections having been filed with 
the Administration 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. 65-13-A, dated December 
30, 1933, and otherwise: do hereby incorporate, by reference, said 
annexed report and do find that said amendment and the Code as 
constituted after being amended comply in all respects with the 
pertinent provisions and Will promote the policy and purposes of 
said Title of said Act, and do hereby order that said amendment 
be and it is hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 

Barton W. Murray, 

Division A dminist tutor. 

Washington, D.C. 

Septemher 21, JQSJf. 

(179) 



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 Code of Fair Competition for the Steam Heating Equipment 
Industry. This Code was apx^roved by me on February 12, 1934. 

The purpose of this amendment is to make it possible for the- 
recognition of the Code Authority even though the non-association 
members do not choose to elect a representative. 

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 Na- 
tional 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 wnll provide for the general welfare 
by promoting the organization of industry for the purpose of co- 
operative 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 unemploymenty 
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 Steam Heating Manufacturers' Association was and is an 
mdustrial association truly representative of the aforesaid Industry 
and that said association imposed and imposes no inequitable restric- 
tions on admission to membership therein 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. 

(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. 

(180) 



181 

(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 dminis trator. 
September 21, 1934. 



IMODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE STEAM HEATING EQUIPMENT INDUSTRY 

PURPOSE 

Pursuant to Article X, Section 3 of the Code of Fair Competi- 
tion for the Steam Heating Equipment Industry, duly approved by 
the Administrator on February' 12, 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 Steam 
Heating Equipment Industry. 

MODIFICATION 

Modify Article VI, Section 3 by adding to it the following para- 
graph : 

In the event the nonmembers of the association fail to elect the 
member-at-large, the Code Authority shall consist of the members 
of the Board of Directors of the Association, until such time as the 
nonmembers shall elect a member-at-large in the manner prescribed 
in this Section 3 of Article VI. 

Approved Code No. 279 — Amendment No. 1. 
Registry No. 1129-1-05. 

(182) 



Approved Code No. 272 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

UNIT HEATER AND/OR UNIT VENTILATOR 
MANUFACTURING INDUSTRY 

As Approved on September 22, 1934 



ORDER 



Appromng Amendment of Code of Fair Competition for the Unit 
Heater and/or Unit Ventilatsr 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 Com[)etition for the Unit Heater and/or 
Unit Ventilator Manufacturinjj.- Inchistry, and (ip])ortunity to be 
heard havin<r been afforded all members of the Industry, and no 
objections having been tiled, and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made 
and directed to the President : 

XOAV, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of tlie 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise; do hereby incorporate, b}' reference, said 
annexed report and do find that said amendment and the Code as 
constituted 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 bo and 
it is hereby approved as modified hereafter, and that the previous 
api^roval of said Code is hereby modified to include an api)roval of 
said Code in its entirety as amended, except that paiagraph (3) of 
S'^ction 8 of Article VI shall be further amended to read : 

'" The Code Authority shall neitlier 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 its approved budget, exce))t hi)on aj^proval of the Adminis- 
trator; and no subsequent budget shall contain any deficiency items 
for expenditures in excess of prior budget estimates oxcei)t those 
which the Administrator shall have so approved''; and, 



184 

PROVIDED that Article VI, Section 4, paragraphs (f) and (g) 
be deleted insofar as they are in conflict with the provisions of this 
amendment. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

September 2%^ 193L 



REPORT TO THE PRESIDENT 

The Pkesidext, 

The White House. 

Sir : This is a report on the amendment to the Code of Fair Com- 
petition for the Unit Heater and/or Unit Ventilator Manufacturing 
In(histry. Notice of opportunity to be heard was sent to all mem- 
bers of the Industry on August 13, 1934, and no objections were filed 
with the A(hninistration. The amendment, which is attached, was 
presented by the Code Authority. 

Tlie Code of Fair Competition for the Unit Heater and/or 
Unit Ventilator Manufacturing Industry provides in Article VIII, 
Sfntion ''\ that 

■• This Code, except as to provisions required by the Act, may 
be modified oi\ the basis of experience or change in circumstances, 
such modifications to be based upon application to the Administrator 
and such notice and hearing as he may specify, and to become effeC' 
tive on api)roval of the President. Any such application may be 
made by the Code Authority." 

This amendment provides that Section 8 of Article VI be deleted 
and that certain' j)rovisions be substituted in lieu thereof to facilitate 
the collection of assessments from each member of the Industry, 

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) Tlie 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 Avhich tend 
to diminish the amount thereof, and will provide for the general 
weUaie 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 ade<juate govern- 
mental sanction and sui)ervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
jjroductive cajnicity of industries, by avoiding undue restriction of 
production (excejjt as may be temporarily required), b}' increasing 
the consumpti(ui of industrial and agricultural products through in- 
creasing purchasingpower, by reducing and relieving unemployment, 
by inipioving standards of labor, and by otherwise lehabilitating 
industry. 

(b) The Code as amended comj)lies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 

(185) 



186 

tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

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

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

For these reasons, therefore, I have approved this amendment. 
KespectfuUy, 

Hugh S. Johnson, 

A dininistrator. 
September 22, 1934. 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE UNIT HEATER AND/OR UNIT VENTILATOR 
MANUFACTURING INDUSTRY 

Modify Article VI, Section 8 by deleting and siil)Stitiiting in lieu 
thereof the following : 

Sec. 8. (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 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 industrj^ 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 i^rovided, unless 
duly exempted from making such contributions, shall be entitled to 
participate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

(3) The Code Authority shall neither incur nor pay any obliga- 
tion in excess of the amount thereof as estimated in its approved 
budget, except upon approval of the Administrator: and no subse- 
quent budget shall contain any deficiency item for expenditures in 
excess of prior budget estimates except those which the Administra- 
tor shall have so approved. 

Approved Code No. 272 — Amendment No. 1. 
Registry No. 1304-04. 

(187) 



Approved Code No. 356 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FULLER'S EARTH PRODUCING AND MARKETING 

INDUSTRY 

As Approved on September 25, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 
Fuller's Earth Producing and Marketing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recoverv Act, approved June 16, 1933, for approval of an amendment 
to the Code of Fair Competition, and NOTICE OF OPPORTU- 
NITY TO BE HEARD, Administrative Order 356-4, dated June 
22, 1934, having been published and the objections filed pursuant to 
said notice having been given due consideration, 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, iiugh S. Johnson, Administrator for Industrial Recovery, 
pursuant t'l ai^th'^rity vested in me by Executive Orders of the Presi- 
dent, inch.! din.';- Executive Order 6543-A, dated December 30, 1933, 
and otheiv/ise, do hereb.' incorporate by reference, said annexed 
report, ard do find that s:id amendment and the Code as constituted 
after bein;^ ar.iendod c( m )ly in all respects with the pertinent 
provisions and wiU promote the policy and purposes of said Title 
of said Act. and do herfby order that said amendment be and it is 
hereby a'p proved, and Unit the previous approval of said Code is 
hereby modifie i to include an ajiproval of said Code in its entirety 
as amend'jd. 

Hugh S. Johnson, 
Administrator for iTidustrlal Recovery. 

Approval recommended: 

C. E. Adams. 

Division A dm in istrator. 

Washington, D.C. 

September 26, 1934. 

(189) 



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 
Fuller's Earth Producing and Marketing Industry. 

FINDINGS 

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

I find that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the 
g'eneral 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 un- 
fair competitive practices, by promoting the fullest possible utili- 
zation of the present productive ca[;acity of industries, by avoiding 
undue restriction of production (except as may be temporarily re- 
quired), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, aiid 
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 Code empowers the Code Authoritj'^ to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons, therefore, I have approved this amendment. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
September 25, 1934. 

(190) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FULLER'S EARTH PRODUCING AND MARKETING 
INDUSTRY 

Amendment No. 1. — Article II, Section 1 to be revised by elim- 
inating the Section and substituting therefor the following : 

The term " Fuller's Earth '' is a general term used to define all 
clays and/or clay-like mineral earths which are produced in any form 
for the primar}' purposes of decolorizing and/or filtering and/or 
neutralizing oils and/or fats and/or similar substances, not requiring 
chemical treatment for such purposes. 

Amendm-ent No. 2. — Amend Section 1 of Article V by inserting 
the following sentence after the second sentence in the Section : 

Within thirty (30) days from the approval of this Amendment 
the Code Authority shall submit to the Administrator for approval, 
a list of such ojDerations or occupations. 

Amendment No. 3. — Amend Section 7 of Article V by striking 
out the Section and substitutino; therefor the following : 

Section 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 ])osting of ])rovisions of Codes of Fair Competition 
which may from time to time be prescribed by the Administrator. 

Amendment No. 4- — Amend Article V by adding the following 
provision as Section 9. 

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. 

Amendment No. 5. — Article VI. Section 1, to be changed to read 
" Artirh^ VI. Section 1 (a) " and adds as a new Section 1 (b) thereto 
the following : 

The Code Authority may, upon its ow^n initiative or upon the re- 
quest of one or more members of the Industry, and subject to the 
approval of its action by the Administi-iitor, appoint not more than 
two additional members of the Co;le Authority from among members 
of the Industry or their representatives, such members to be 
appointed for the same term of office as the four members described ' 
in Section 1 (a) of this Article, and to act together with the said 
four meml)ers, as members of the Code Authority, prtsvided that no 
member of the Industry shall have more than one representative 
on the Code Authority; and farther provided that aftei- the first 
term the two additicnal positions hereby created shall be filled in the 
same manner as set out in Section 1 (a) above. 

Amendment No. 6. — Delete Section 4 of Article VI, and sub- 
Section (g), Section 6, Article VI, and re-number the remaining 
Sections of Article VI to conform to arithmetical order, and change 
sub-Section (h) of Section 6 of Article VI to read sub-Section (g). 
Delete sub-Section (f) of Section 6 of Article VI and substitute 
the following : 

(191) 



192 

(f) 1. It being foiiiul iiecessarv in order to support the adminis- 
tration of this Code and to maintain the standards of fair competi- 
tion established hereunder and to ettectuate 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 obli- 
gations out of funds wliich may be raised as hereinafter pro- 
vided 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 such budget shall be contributed 
by members of the Industry; 

(c) After such budget and basis of contribution have been 
approved b}^ the Administrator, to determine and obtain equi- 
table contribution as above set forth by all members of the 
Industry, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

2. Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code 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 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 by 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. 356 — Amendment No. 1. 
Registry No. 1013-10. 



Approved Code No. 164 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

KNITTED OUTERWEAR INDUSTRY 

As Approved on September 25, 1934 



Order Approving A:mexdments to Code or Fair Competition for 
THE Knitted Outerwear 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 Knitted Outerwear 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, subject to the following condition : 

The amendment to Article II, Section (a), in so far as it includes 
in the definition of the Industry " the manufacture of bathing suits 
made of purchased knitted fabric and/or other textile materials ", 
shall become effective thirty (30) days from the date hereof provided 
that the Deputy Administrator finds that adequate legal consent has 
been given by the bathing suit manufacturers, so described, to inclu- 
sion under this Code, upon the basis of a report from the Division 
of Research and Planning and/or other reports that he may obtain. 

Hugh S. Johnson, 
Adininistrator for Ind'ustrial Recovery, 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D.C., 

Septemher 25, 193Jf. 

(193) 



REPORT TO THE PRESIDENT 

The President, 

The WhiU House. 

Sir : This is a repoi-t on the Hearing corering^ the Amendments 
to the Code of Fair Competition for Knitted Outerwear Industry 
hekl in the Oak Room of the Raleigh Hotel, Washington, D.C., 
Thursday, June 7, 1934. The Amendments which are attached were 
presented by a duly qualified and authorized representative of the 
Code Authority of the Knitted Outerwear Industry, complying with 
statutory requirements and being the agency that is administering 
the Code. 

In acconlanee 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 w.th. 

PROVISIONS OF THE AMENDMENTS 

There are eight amendments as follows: 

1. An amendment changing the definition of the Industry to 
include manufacturers of bathing suits from purchased knitted fabric 
and/or other materials. These manufacturers were not previously 
covered by any other code. 

2. An amendment to the " Hours " provisions of the Code fixing 
the hours of employment of cei'tain classes of workers previously 
excepted such as, repair shop crews, engineers, electricians, etc. 
This amendment also changes the overtime operation of plants 
operating on a single shift basis and limits the hours which partners 
in any co-partnership firm may work on productive operations. 

3. An amendment providing for mramlatory contributions by 
members of the Industry toward the expenses of administering the 

Code. 

4. An amendment to the "Terms of Sale", under Trade Practices, 
providing for a cash discount on sales of knitted outerwear fabric. 

5. An limendment to the "Returns" clause of Trade Practices 
providing for the return of knitted outerwear fabrics. 

6. An amendment to the ''Delivery Charges" clause of Trade 
Practices providing for delivery charges on knitted outerwear 

fabrics. 

7. An amend uient to Trade Practices providing for the payment 
by custimiers of all special ".Vccessories". 

8. An amendn;cnt to Trade Practices covering "Advertising 
Allowances ". 

FINDINGS 

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

(194) 



195 

I {ind 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 How 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- 
j^etitive ])ractices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of i)roducti()n (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing pow^er, by reducing and relieving 
unemi)k)yment, by improving the standards of labor, and by other- 
wise reliabilitating 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. Johxson, 

^4 dm in istrator. 
SEPTE:\rBER 25, 1934. 



AJilENDMENT TO CODE OF FAIR COMPETITION FOR 
THE KNITTED OUTERWEAR INDUSTRY 

Amend Article II, Section (a) so that the amended section will 
read as follows : 

(a) The term "Knitted Outerwear Industry" as used herein is 
defined to mean and include the manufacture of bathing suits, 
knitted or made of purchased knitted fabric and/or other mate- 
rials, and/or the manufacture of knitted outerwear apparel for 
men, women and/or children, including infants and/or the manu- 
facture of knitted fabrics for outerwear purposes, but shall not 
include the products of the hosiery and/or underwear industries 
and/or the manufacture of knitted woolen goods in self contained 
woolen mills of the wool textile industry as defined in the respective 
Codes of such industries and shall not include the manufacture of 
ladies' and misses' coats, suits, dresses, ensembles, blouses, skirts, 
and/or other garments made of purchased knitted fabrics or of 
fabrics not made by machinery owned by the garment manufacturer. 

Amend Article III, Section (a) so that the amended section will 
J-ead as follows : 

(a) Excepting as hereinafter provided, no employee in the 
Knitted Outerwear Industry shall be permitted to work in excess 
of forty (40) hours per week or eight (8) hours in any twenty- 
four (24) hour period, and the hours in each week during which 
any employee shall have worked in other plants and/or in other 
industries shall be included in such forty (40) hours. 

Amend Article III, by striking out Sections (c), (d), (e) and 
(f ) and substituting therefor the following Sections : 

(c) Except as provided in Section (f) of this Article no engi- 
neer, electrician, cleaner or member of a repair shop crew or shipping 
crew shall be permitted to work in excess of forty-four (44) hours 
in any one week, or nine (9) hours in any twenty-four (24) hour 
period. 

(d) No fireman or watchman shall be permitted to work in excess 
of fifty-six (56) hours per week, as averaged over a consecutive 
two (2) week period provided that at least one day off shall be 
allowed in every fourteen (14) day period. 

(e) No employee engaged in a supervisory capacity and earning 
less than thirty-five dollars ($35) per week shall be permitted to 
^vork in excess of ten per cent (10%) additional to the hours of work 
herein provided for the employees of the department in which he 
(she) is engaged. Employees engaged in a supervisory capacity 
earning thirty-five dollars ($35) per week or more are not limited 
as to the hours of work. 

(f ) Employers in the Knitted Outerwear Industry shall not oper- 
ate productive machinery in the Knitted Outerwear Industry for 
more than tAvo (2) shifts of forty (40) hours each in any week, and 

(196) 



197 

no other machinery used in the Knitted Outerwear Industry shall 
be operated for more than one (1) shift of forty (40) hours durinir 
any week; except that any employer may elect by notifying the Code 
Authority to operate all machinery for one shift of forty (40) 
hours per week and in such event the Code Authority may give 
permission to such manufacturer to engafi;e his emi)loyees and to 
operate his machinery for thirty-two (82) hours overtime during 
ea"h gix (6) months' period. This overtime may be used to meet 
the needs of the manufacturer during the six (6) months' period 
following his election to operate one shift of forty (40) hours per 
week, and no additional overtime ma}^ be granted during said six 
(6) months' period, excepting with the approval of the Adminis- 
trator. During the period of operating under said overtime allow- 
ance, operations shall not exceed forty-eight (48) hours in any one 
week or ten (10) hours in any twenty-four (24) hour period, and 
provided further, that all such hours additional to the daily or 
weekly maximums i)rovided in this Article shall be paid for at not 
ie,ss than th(> rate of one and one-third the normal rate of pay. The 
hour.s in each week during which any machinery may be operated in 
the production of products of other employers and/or industries 
shall l)e included in calculating the hours of operation of such 
machinery as limited by this provision. 

(g) Members of the Industry and partners in any co-partnership 
firm that is a member of the Industry and officers of any corporation 
which is a member of the Industry, who are ])ersonally engaged in 
the manual or mechanical process of manufacture, sluill be subject 
to the hour pi'ovisious of tliis Code. 

Amend Article IX, Section (f) to read as follows: 
(f) 1. It being found necessary in order to support tlie adminis- 
trati( n of this Code and to maintain the standards of fair compe- 
tition esta1)lished liereunder and (o effectuate the jjolicy of the Act. 
tlie Code Authority is authorized : 

(A) to incur 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 i^rovided 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 
purjioses, and (2) an equitable basis upon wdiich the funds necessary 
to support such budget shall be contributed by members of the 
Industry : 

(C) After such budget and basis of contribution have been 
approved by the Administrator, to determine and obtain equitable 
contribution as above set forth by all members of the Industry, and 
to that end, if necessary, to institute legal proceedings therefor in 
its own name. 

2. Each member of the Industry shall j)ay his or its equitable con- 
tribution to the ex])enses of the maintenance of the Code Anthoritj', 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the Administrator. Only mem- 
bers of the Industry comi)lying with the Code and contributing to 
the expenses of its administration as hereinabove ])rovided, unless 



198 

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 vohmtary 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 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. 

Amend Article X, Section (e) by the addition of two new sen- 
tences, and other slight changes so tliat the amended section will 
read as follows : 

(e) Terms of Sale. — (1) No member of the Industry shall sell or 
offer to sell knitted outerwear products upon terms more favorable 
to the buyer than a discount of three per cent (3%) to the wholesale 
trade for payment on the tenth (10th) day of the calendar month 
following the designated shipping date or equivalent discount for 
longer ])eriods. (2) No member of the Industry shall sell or offer 
to sell knitted outerwear products to the retail trade upon terms 
more favorable to the buyer than a discount of eight per cent (8%) 
for payment on the tenth (10th) day of the calendar month follow- 
ing the designated shipping date oi- equivalent discount for longer 
periods. For the purpose of these provisions, the twent3'-fifth 
(25th) calendar day shall be considered the end of the month. (3) 
No member of the Industry shall sell or offer to sell knitted outer- 
wear fabrics upon terms more favorable to the buyer than a discount 
of one per cent (1%) for payment on the tenth (10th) day of the 
calendar month following the designated slipping date, or net terms 
for payment sixty (60) days after shipment, or equivalent terms 
for longer periods. (4) Anticipati(m and interest after due date 
shall be at the rate of six percent (6%) per annum. 

Amend Article X, Section (f) by the addition of a new sentence. 
so tliat tlie amendnl section will read as follows : 

(f ) Returns. — No member of the Imhistrv shall accept the return 
of garments that have been worn, or merchandise not worn but which 
has been acce])ted by a customer, except under cii'cumstances to be 
defined by the Code Authority. Xo member of the Industry shall 
accept the return of knitted outerwear fabrics except for defects in 
material and/or manufacture and in such cases only when return is 
made within ten days after recei])t of goods and before the same are 
cut, except under circumstances to be defined by the Code Authority. 

Amend Article X, Section (h) by tlie addition of a new sentence, 
so that the amended section will read as follows: 

(h) Delivery Charges-r--K\\ knitted outerwear products sliall be 
sold F.O.B. shipping point, except for deliveries- within metro- 
politan areas local to the shipper, subject to exceptions approved by 
the Code Authority. All knitted outerwear fabrics shall be sold 
-F.O.B.. shipping point or F.O.B. New York City. 



199 

Amend Article X b}' the addition of two new sections to read as 
follows : 

(i) Accessories. — Unless the customer supplies the same or pays 
the cost thereof, no member of the Industry shall <^ive or supply to 
any customer any special accessories including, but without limita- 
tion, labels, hangers, boxes or box tops, circulars and/or fancy string 
tags with or without the customer's name and/or trade mark thereon. 
Nothing in this section shall prohibit the furnishing of standard 
accessories by a manufacturer, at his own expense, to all customers 
alike. 

(j) Advertising Allowances. — (1) No member of the Industry 
shall contribute to the advertising of a customer, whether by rebate, 
refund, allowance or other payment, made directly or indirectly, 
in money or merchandise, toward the advertising of a customer, 
except where such advertising features the name, the trade mark or 
trade name of such member, and the merchandise bears such mem- 
ber's own label and except in compliance with the following condi- 
tions : 

(A) Contributions to advertising of a custc)mer shall be by sep- 
arate agreement, which shall set forth the definite amount con- 
tributed by the member of this Industry, and the nature and amount 
of advertising, and the period to be covered shall be specifically set 
forth, so that the use of said contribution may be identified. No 
advertising contribution agreement shall be used as a rebate, refund 
or merchandise allowance, but shall be for advertising only and con- 
tributions not used for advertisements, as set forth in the agreement, 
shall be returned to the member of the Industry. 

(B) Advertising contributions shall be oifered to all customers 
on an equal basis. 

(C) Full records of all advertising contribution agreements shall 
be maintained by the members of this Industry so as to permit 
auditiuir at any time of said contributions and their use, in accord- 
ance with this section, and accurate reports, based on such records, 
shall be furnished when required by the Code Authority. 

Approved Code No. 164 — Amendment No. 2. 
Registry No. 243-1-02. 



93080 — 34 S 



Approved Code No. 120 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAPER AND PULP INDUSTRY 

As Approved on September 25, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 

Paper and Pulp 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 Paper and Pulp Indus- 
try, and due notice and opportunity to be heard having been given 
thereon and the annexed report on said amendment, containing find- 
ings with respect thereto, having been made and directed to the 
PrGsiciGiit' 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-i^, dated December 
30, 1933, and otherwise; do hereby incorporate, by reference, said 
annexed report and do jfind that said amendment and the Code as 
constituted after being amended comply in all resperts with the 
pertinent provisions and will promote the policy and purposes of 
said Title of said Act. and do hereby order that said amendment 
be and it is hereby approved, and that the previous approval of 
said Code is hereby amended to include an approval of said Code in 
its entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Joseph F. Battlet, 

Acting Division Administrator. 

Washington. D.C, 

Septcmhcr 26. 1931,. 

(L'Ol) 



REPOKT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : This is a report on an amendment to the Code of Fair 
Competition foi- the Paper and Pulp Industry which was approved 
by you on November 17, 1933. 

The purpose of this amendment is to prohibit within the provi- 
sions of Article A'll. Section 5, ofl'ers to sell products of tlie Industry 
for domestic c()nsum]:)tion at prices lower tlian oi' upon terms or 
conditions more favorable than those stated in price schedules. 

The Deputy Administrator in his linal re})ort to me on said 
amendment 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 amendment to said Code and the Code as amended are 
well designed to promote tlie policies and purposes of Title I of the 
Naticmal 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 ])ossible utilization 
of the present ]H-oductive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the c(msumption of industrial and agricultural prod- 
ucts thi-ough increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otliei'wise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the 
pertinent })rov;sions 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 lU thereof. 

(c) The Code empowers the Code Authority to propose the 
amendment on behalf of the Industry as a whole. 

(d) Tlie amenthnent 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 
opei-ate 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, 

Admrnhtrator. 
Ski'TEMber 25, 1934. 

(202) 



i 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PAPER AND PULP INDUSTRY 

Amend Article VII, Section 5, by inserting after the word " sell ", 
the words " or offer for sale." 

Approved Code No. V20 — Aniendment No. 2. 
Kej^isJrv \o. -10.^-1-04. 

(203) 



Approved Code No. 176 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAPER DISTRIBUTING TRADE 

As Approved on September 25, 1934 



ORDER 



Approving Amendment to 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 Industrial 
Recovery Act. approved ,Tune 16, 1933, for approval of an amend- 
ment 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 amendment con- 
taining findings with respect thereto having been made and directed 
to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recov- 
ery, 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 amended to include an approval of said Code in its 
entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Robert L. Houston, 

Division Administrator. 

Washington. D.C, 

September 25, 193Jf. 

(205) 



REPORT TO THE PRESIDENT 

The l^RESIDENT, 

The White House. 

Sir : This is a report on an amendment to 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 protect the members of the Code 
Authority aijainst liability in their own actiyities on behalf of 
the Trade. 

The Deputy Administrator in his final report to me on said 
amendment to said Code haying 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- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the 
pertinent provisions of said Title of said Act, including without 
limitation sub-section (a) of Section 3, sub-section (a) of Section 
7 and sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to propose the 
amendment on behalf of the Trade as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monojiolies or monopolistic practices. 

(e) The amenduient 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. 

September 25, 1934. 

(206) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PAPER DISTRIBUTING TRADE 

Article IV of the Code of Fair Competition for the Paper Dis- 
tributin*; Trade shall be amended b}' including therein an additional 
Section to be known as Section 8, and shall provide as follows : 

Section 8. Nothing contained in this Code shall constitute any 
of the members of the Code Authority or of any regional committee 
appointed under the provisions of Section 5 of Article IV thereof, 
partners for any purpose. No member of the Code Authority or of 
an}^ regional committee shall be liable in any manner to anyone for 
the act of any member, officer, agent or employee of the Code Au- 
thority or of any regional committee performed pursuant to the 
provisions of the Code. No member of the Code Authority or any 
regional committee, exercising in the conduct of his duties under the 
Code reasonable diligence, shall be liable to anyone for any action or 
omission to act under the Code. Nothing herein contained shall 
relieve any member of the Code Authority or of an}^ regional com- 
mittee from duties or responsibilities imposed upon him by the 
Code, nor shall it affect the powers granted to the Code Authority 
by the Code. 

Approved Code No. 176 — Amendm-'ut No. 2. 
Registry No. 405-8-07. 

(207) 



Approved Code No. 290 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PHOTOGRAPHIC MOUNT INDUSTRY 

As Approved on September 25, 1934 



ORDER 



Appromng Modification of Code of Fair Competition for the 

Photographic Mount Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I. of the National Industrial 
Recovery Act, approved June 16. 1933, for approval of a modification 
to a Code of Fair Competition for the Photo<riaphic Mount Industry, 
and due notice and opportunity to be heard having been given 
thereon, and the annexed report on ssaid modification, containing 
findings with respect thereto, having been made and directed to the 
President : 

XOW. THEREFORE, on behalf of the President of the United 
States. I. Hugh S. Johnson. Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order No. 6543-A, dated December 30, 
1933. and otherwise ; do hereby incorporate b}' reference, said annexed 
report and find tliat said modification aiul the Code as constituted 
after being modified comply in all respects with the pertinent provi- 
sions and will jn-omote 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 a])proval of said Code in its entirety as 
modified. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D.C, 

Septcmhe7' 25, 103 If. 

(209) 



REPORT TO thp: presidp:nt 

The President, 

The White Ucmse. 

Sir : This is a report on a modification of the Code of Fair Com- 
petition for the Photographic Mount Industry which was approved 
by you on February IT, 1934. 

"^ The effect of this amendment Avill 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 
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 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 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 these reasons this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

A drrdnistvator. 
September 25, 1934. 

(210) 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE PHOTOGRAPHIC MOUNT INDUSTRY 

Delete Section 5 of Article II and substitute therefor : 
5. (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 whicli may be raised as hereinafter provided and 
which shall be held in trust for the purpo.ses 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 (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 he contributed by 
members of the Industry. 

3. After sucli 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 there- 
for 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 ho 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 xVdministration. 

(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. 2riCi — Amendmont No. 1. 
Ile.-'istiy No. 4^7-00. 

(211) 



Approved Code No. 424 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SPICE GRINDING INDUSTRY 

As Approved on September 25, 1934 



ORDER 
Code of Fair Compeiition for the Spice Grinding Industry 

Approval of Amendment to Article VIII, Part B, Section 1, 
Sub-section f. 

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 Spice Grinding In- 
dustry, and o])p()rtunity 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 
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 provii^ions and will promote the policy and purposes of 
paid Title of said Act. and do hereby order that said amendment 
be and it is hereby ai)proved, 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 Industnal Recoveinj. 

Approval recommended : 
Armin W. Riley. 

Di vi.sion Admin istrator. 

Washington, D.C, 

Septemher 25, lOSJ^. 

(213) 



REPORT TO THE PRESIDENT 

The President, 

The White Home. 

Sir : This is a report on an amendment of Article VIII, part B, 
Section 1, subsection (f) of the approved Code of Fair Competition 
for the Spice Grinding Industry, number 424. This Code was 
ap]:)roved by me on May 11, 1934. 

Pursuant' to Executive Order No. 6678, dated April 14, 1934, the 
Code Authority for the Spice Grinding Industry, in accordance 
with Section 2 of Article XI 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 assess- 
ment 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 
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 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 re- 
striction of production (except as may be temporarily required), 
by increasing the consumption of inchistrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industrj^ 

(b) The Code as amended comj^lies in all respects with the perti- 
nent provision of said Title of said Act, including without limitation 
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit mono])olies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed 
to and will not eliminate or o])press small enterprises and will not 
operate to discriminate against them. 

(214) 



215 

(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. 

In accordance with Executive Order No. 6678, dated April 14, 
1934, the amendment of this Code has been approved by me. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
Septemmek 25, 1934. 



93080—34- 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SPICE GRINDING INDUSTRY 

In accordance with Article XI, Section 2 of the Code of Fair 
Competition for the Spice Grinding Industry, it is proposed to 
amend said Code by deleting paragraph (f ) of Part B of Article 
VIII, and inserting the following Provision in lieu thereof : 

1. It being found necessary in order to sujDport the administration 
of this code and to maintain the standards of fair competition estab- 
lished 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 submit to the Administrator for his approval, subject to 
such notice and opportunity to be heard as he may deem necessary 
(1) an itemized budget of its estimated expenses for the foregoing 
purposes, and (2) an equitable basis upon which the funds necessary 
to support such budget shall be contributed by members of the 
industry ; 

(c) After such budget and basis of contribution have been 
approved by the Administrator, to determine and obtain equitable 
contribution as above set forth by all members of the industry, and 
to that end, if necessary, to institute legal proceedings therefor in 
its own name. 

2. Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the industry complying with the code and contributing 
to the expenses of its administration as hereinabove provided, (unless 
duly exempted from making such contributions), shall be entitled 
to participate in the selection of members of the Code Authority 
or to receive the benefits of any of its voluntary activities or to make 
use of any emblem or insignia of the National Recovery Adminis- 
tration. 

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 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. 

By virtue of this amendment it is found necessary to delete Sec- 
tion 5 Part "A" of Article VIII and also Subsection (g) of Section 
1 of Part " B " in Article VIII. This necessitates making Section 
G of Part "A" Article VIII Section 5, and Subsections (h), (i), (j) 
and (k) of Article VIII Part "B" Section 1 become Subsections 
(g), (h), (i) and (j) respectively. 

Approved Code No. 424 — Amendment No. 1. 
Registry No. 142-01. 

(216) 



Approved Code No. 235 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOK THE 

TEXTILE PROCESSING INDUSTRY 

As Approved on September 25, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 

Textile Processing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Textile Processing Indus- 
try, 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 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherAvise; do hereby incorporate, by reference, said 
annexed report and do find that said amendment and the Code as 
constituted after being amended comply in all respects with the 
pertinent provisions and will promote the policy and purposes of said 
Title of said Act. and do hereby order that said amendment be 
and it is hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington. D.C. 

September 25, 1934. 

(217) 



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 127, Willard Hotel, Washington, D.C., April 6, 1934. 
The amendments, which are attached, were presented by the duly 
qualified and authorized representatives of the Industry complying 
with statutory requirements. 

In accordance with customary procedure, every person who had 
£led a request for appearance was freely heard in public, and all 
^statutory and regulatory requirements were complied with. 

PROVISIONS OF THE AMENDMENTS 

These amendments provide for the following: 

1. The amendment to Article I, Section 1, paragraph (f ) provides 
for the addition of the word " silk." 

2. The amendment to Article I, Section 1, paragraph (k) pro- 
vides for the addition of the dyeing of rayon and/or synthetic 
fibres in the yarn. 

3. The amendment to Article II, Section 4, provides for the limita- i 
tion of hours on certain types of machinery. 

The remaining amendments provide for minor changes in order 
to conform with standard provisions. 

FINDINGS 

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

I find that: 

(a) The amendments to said Code and the Code as amended are ! 
well designed to promote the policies and purposes of Title I of the 
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 i 
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 un- 
employment, by improving the standards of labor, and by otherwise 
rehabilitating industry. 

(218) 



219 

(b) The Code as ainended 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 amendments on behalf of the Industry as a whole. 

(d) The amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons these amendments have been approved. 
Respectfully', 

Hugh S. Johnson, 

A dminis trator. 
September 25, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE TEXTILE PROCESSING INDUSTRY 

Article I, Section 1, Paragraph (f) is hereby amended by adding 
the word, " silk ", between the words, " wool " and " rayon ", in the 
second line thereof, so that the amended paragraph will read as 
follows : 

(f) The commission winding, warping, slashing, and/or beaming 
of yarns made of cotton, wool, silk, rayon, and/or other synthetic 
fibres or combinations thereof; 

Article I, Section 1, paragraph (k), is hereby amended to read 
as follows: 

(k) The processing and primary distribution of dyed and/or con- 
verted sales yarns made of rayon and/or other synthetic fibres, not 
including such yarns, natural or bleached, singles, with seven turns 
twist to the inch or less put up in skeins, spools, tubes, and/or cones ; 
and the dyeing of rayon and/or other synthetic fibres in the yarn; 
provided, however, that the labor provisions in Article II and the 
provisions in Article III, Section 2 of this Code shall not apply to 
any employer using the yarns so processed exclusively for the manu- 
facture of fabrics in his own plant. 

Article II, Section 4 is hereby amended by the addition of the 
following paragraph : 

Employers shall not operate the following machines for more 
than eighty (80) hours per week; winders, warpers, coppers or 
quillers, section beamers and/or slashers when used in the commis- 
sion winding, warping, slashing and/or beaming of yarns made of 
silk, rayon and/or other synthetic yarns and/or combinations thereof 
in preparation for use on looms sixteen inches wide or over. 

Article II, Section 4, is hereby transferred to a new Article en- 
titled "Article IIA", as Section 1. 

Article II, Sections 5, 6, 7, 8 and 9 are hereby changed to 4, 5, 
6, 7 and 8 respectively. 

Article III, Section 1, Paragraph (f) is hereby amended by sub- 
stituting the words, "Federal and/or State agencies " for the words 
" government agency or agencies ", wherever used therein, so that 
the amended paragraph will read as follows : 

(f) Every member of the Industry shall furnish to any Federal 
and/or State agencies designated by the Administrator such sta- 
tistical information as the Administrator may, from time to time, 
deem necessary for the purpose recited in Section 3 (a) of the Na- 
tional Industrial Recovery Act, and any reports and other informa- 
tion collected and compiled by a Code Authority as heretofore pro- 
vided shall be transmitted to such Federal and/or State agencies as 
the Administrator ma^^ direct. 

Article III, Section 3, is herebj^ amended to read as follows : 

3. If the Administrator shall determine that any action of the 
Code Authority or any agency thereof is unfair or unjust or con- 

(220) 






221 

trary 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 said Code Author- 
ity or agenc}' 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 IV, Section 2 is hereby amended by adding thereto " or 
by the Administrator ", so that the amended section will read as 
follows : 

2. The labor provisions of this Code and of other applicable Codes 
shall be posted in each plant in the Industry, as directed by the Code 
Authority or by the Administrator. 

Approved Code No. 235 — Amendment No. 4. 
Registry No. 299^1-13. 



Approved Code No. 237 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ALLOY CASTING INDUSTRY 

As Approved on September 27, 1934 



ORDEK 



Approving Amendment to Code or Fair Competition for the 

Alloy 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 Alloy Casting Industry, 
and opportunity to be heard thereon having been duly noticed to all 
interested parties, and the annexed report on said amendment con- 
taining findings with respect thereto having been made and directed 
to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order 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, such approval and such amendment to take effect ten 
(10) days from the date hereof, unless good cause to the contrary is 
shown to the Administrator before that time and the Administrator 
issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator, 

Washington, D.C. 

September ^7, 1934. 

(223) 



KEPORT 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 Alloy Casting Industry, the Code having been 
approved by my Order of January 30, 1934. 

Notice of opportunity to be heard on this amendment was duly 
posted to all interested parties providing an opportunity to file 
objections, and no objections were received during this period. 

The Code is amended to liberalize the credit terms now provided 
for in the Code. 

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 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 ancl agricultural products 
through increasing purchasing power, by reducing and relieving 
unemjDloyment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limita- 
tion 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, such 
amendment to take effect ten (10) days from the date hereof, unless 
good cause to the contrary is shown and I issue subsequent order 
to that effect. 

Respectfully, 

Hugh S. Johnson, 

Ad'tninistrator. 
September 27, 1934. 

(224) 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE ALLOY CASTING INDUSTRY 

Delete Article VI. Section 1, sub-section (k) and substitute in 
lieu thereof the following : 

(k) The giving of terms more favorable than net thirty clays 
from date of shipment. A discount of i/o of 1% may be allowed on 
all invoices dated from the first to the fifteenth day of a month pro- 
viding payment is made by the twenty-fifth day of the same month 
and a discount of 14 of 1% may be allowed on invoices dated from 
the sixteenth through the last day of a month providing payment 
is made by the tenth da}' of the following month. 

Approved Code No. 237 — Amendment No. 3. 
Registry No. 1201-l-<;)2. 

(225) 



Approved Code No. 445 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BAKING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Appro\t:ng ^Modification and Amendment to the Code of Fair 
Competition for the Baking 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 and amendment of the Code of Fair Competition for the Bak- 
ing Industry; a notice of opportunity to be heard having been duly 
given and the annexed report on said modification and amendment 
containing certain findings with respect thereto, having been made 
and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including Executive Order Number 6543-A, dated December 
30, 1933, and otherwise; do hereby incorporate, by reference, said 
annexed report and do find that said modification and amendment 
and the Code as constituted, after such modification and amendment, 
comply in all respects with the pertinent provisions and will promote 
the policy and purposes of said Title of said Act, and do hereby 
order that said modification and amendment be, and the same is 
hereby approved, and that the previous approval of said Code is 
hereby modified to include an approval of said Code in its entirety, 
as modified and amended, such approval and such amendment and 
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, 
AclTninistrator for Industrial Recovery. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D.C, 

September 27, 193Jf. 

(227) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Code of Fair Competition for the 
Baking Industry as modified and amended in accordance with the 
provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Baking Industry, through the National Bakers Council, its 
Oode Authority, has offered modifications and amendments to the 
Code of Fair Competition No. 445 for the Baking Industry. The 
Code was approved by you on May 28, 1934, but did not become 
effective until July 9, 1934. 

RESUME OF MODIFICATIONS AND AMENDMENTS 

At the Public Hearing held in Washington, D. C. on January 30th 
and 31st, 1934, there was considerable discussion as to whether the 
Chain Store Bakers would be adequately represented by the Multiple 
Unit Retail Bakers with wdiom they were joined when presenting the 
Code. Following the Public Hearing it developed that the Multiple 
Unit Retail Bakers would not be able adequately to represent the 
Chain Store Bakers. The Baking Code was then practically in final 
form, and as the Chain Store Bakers demanded more satisfactory 
representation, rather than delay the final approval of the Code, it 
was understood that an amendment to the Code would be effected as 
soon as possible after your approval. This was agreed to by the 
Chain Store Bakers who did not on this account withhold their 
assent. In order that no injustice as to representation would be per- 
mitted with respect to the Chain Store Bakers the Code Authority 
has requested that the Code be amended to give separate representa- 
tion to the Chain Store Bakers Division. The proposed amendment 
will make effective this representation. 

In addition to the foregoing the Code Authority for the Baking 
Industry, having found it necessary in order to support the adminis- 
tration of this Code to maintain standards of fair competition, estab- 
lished by this Code, and to effectuate the policies of the Act, has 
made application for an amendment of sajd Code in order to provide 
for a compulsory method of assessment and to support the expense of 
the administration of this Code. 

The modification and amendment to the Code of Fair Competition 
for the Baking Industry has been initiated pursuant to Executive 
Order No. 6678, dated April 14, 1934, and in accordance with Section 
3 of Article VI and Subsection (b) of Section 1 of Article IX of 
said Code. 

(228) 



229 

The Deputy Administrator, in his final report to me on said modi- 
fication and 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 modification and 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 pro- 
vide for the general welfare by promoting the organization of the 
industry for the purpose of cooperative action of labor and man- 
agement 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 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 Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The modification and amendment and the Code as amended 
are not designed to and will not permit monopolies or monopolistic 
practices. 

(e) The modification and amendment and the 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 the Code as modified and amended has been 
approved. 

ResiDectfuUy, 

Hugh S. Johnson, 

A d')ni7iis trator. 
September 27, 1934, 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE BAKING INDUSTRY 

1. That the provisions of Article II of the Code of Fair Competi- 
tion for the Baking Industry be and they hereby are amended by the 
insertion of a new Section reading as follows : 

"Section 24 (a). Chain Store Baker. The term 'chain store 
baker ' as used herein shall mean and include persons who manufac- 
ture bakery products and distribute them through their own, or 
through a parent company's or subsidiary company's, retail grocery 
stores." 

2. That the provisions of Article VI, Section 1, paragraph (a) be 
and they hereby are amended by replacing the work and number 
"sixteen (16)", in the first and second paragraphs, with the word 
and number " seventeen (17)", and by supplementing the list of rep- 
resentatives and Divisions at the end of said Section with the fol- 
lowing line: " One (1) Chain Store Bakers' Division." 

3. That the provisions of Article VII, Section 12, paragraph (f), 
be and they hereby are amended by deletion of the last sentence of 
the said paragraph. 

4. That the provisions of Article VI, Section 4, be and they hereby 
are amended by deletion of paragraph (f) thereof and substitution 
therefor of the following: 

Section 4 (f). 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 eifectuate 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. Only mem- 
bers of the Industry complying with the Code and contributing to 

(230) 



231 

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 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. 

4. That there shall be deleted from Article II, Section 24 the 
words " and shall include chain store bakers " and in lieu thereof, 
there shall be inserted " but shall not include chain store bakers ". 

5. That sub-paragraph (g) of Section 1 of Article VI be deleted 
from the Code. 

Approved Code No. 445 — Amendment No. 2. 
Registry No. 101—23. 



93080—34 10 



Approved Code No. 118 — Amendment No. 8 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON GARMENT INDUSTRY 

As Approved on September 27, 1934 



ORDER 



APPK0^^XG Amendment to the Code of Fair Competition for the 

ConoN 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 to the Code of Fair 
Competition for the Cotton Garment Industry and the annexed re- 
port 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 the Code of Fair Competition 
for the Cotton Garment Industry, 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 ref)ort and do find that said amendments and the Code as con- 
stituted after being amended comply in all respects with the per- 
tinent provisions and will promote the jDolicy 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 to take effect fourteen (14) 
days from the date hereof unless some good cause to the contrary is 
shown to the Administrator prior to that time and the Administrator 
issues a subsequent order to that effect. 

The Administrator may on the first Monday of December 1934, or 
thereafter, hold such hearing as he ma}'^ specify to determine the 
effect of the operation of these amendments and whether they should 
be continued or modified. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Sol a. Rosenblatt, 

Division Administrator. 

Washington, D.C, 

Septemher 27, 193 J^. 

(2.3.3) 



REPORT TO THE PRESIDENT 

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 Cotton 
Garment Industries. Matters of various subjects were heard, among 
which was the problem of placing manufacturers of cotton house 
dresses under the provisions of the Dress Manufacturing Industry 
Code or the Cotton Garment Code, whichever Code would be most 
applicable to such manufacturers. These amendments are part of 
the results of this hearing. Every person who requested was fairly 
heard in accordance with the rules of the National Recovery 
Administration. 

When the Code of Fair Competition for the Dress Manufacturing 
Industry and of the Cotton Garment Industry were approved on 
October 31, 1933, and November 17, 1933, respectively, there were 
contained in the definitions of each of these Codes general and vague 
references to a type of product, and neither code contained defini- 
tions evenly remotely satisfactory or practical as a means of limiting 
the coverage or scope of either code on this product. As a conse- 
quence, much serious overlapping and unfair competition has re- 
sulted, primarily because of very marked differences in the wage 
provisions of the Codes. The one provided for a minimum of $12 
and $13 for a forty (40) hour work week and the other for minimum 
rates for operators of from $15.50 to $26.25 for a thirty-five (35) hour 
work week. 

At the time of the adoption by the Cotton Garment Industry of its 
C'ode of Fair Competition, this possible controversy was foreseen and 
the Code as approved contained a provision an excerpt from which 
is as follows : 

" The products covered by Section A, paragraphs 8 (cotton wash 
dresses) * * * are included in this Code pending the prompt 
liolding of such further hearing on such notice as the Administrator 
in his discretion may fix, and the final determination of whether the 
definitions of any of them shall be modified or eliminated or whether 
any of the subdivisions shall continue to be included in this Code." 

A further provision was contained in the Code, namely Section D 
of Article 2, which provided in part as follows : 

4t jf * * * ^iTjgpe arises any dispute as to whether such product 
is covered by the provisions of this or another code * * * the 
Administrator may, after notice and hearing, decide under which 
code the product or subdivisional industry manufacturing the same 
is covered." 

Anticipated disputes did arise and hearings were held, as a result 
of which, there was appointed, by Order of December 14, a Special 

(234) 



235 

Administrator " for the purpose of classifying dress manufacturers 
as between the two codes, and of making a study and report or 
recommendations with respect to amendments to the Dress Manu- 
facturing Code and of the Cotton Garment Code concerning defini- 
tions and wage rates and/or hours of manufacture of such dresses ". 

This Order, by its own terms, was to expire on July 1, 1934, and 
further provided that the Special Administrator appointed under 
it shoulcl on or before that date make a report with recommenda- 
tions. It was intended that on the basis of this report and other 
proceedings, the Administrator would take further steps to arrive 
at a permanent solution of the matter by proper amendments to the 
Codes. The Special Administrator who Avas appointed under this 
Order did, during his incumbency as Special Administrator, classify 
on the basis of reports, information and hearings a large number of 
manufacturers, to-wit, something over 500 in number. Notwithstand- 
ing the provisions of this Order, the Cotton Garment Code Author- 
ity issued labels for the manufacture of house dresses to a substantial 
number of firms who had not been classified by the Special Adminis- 
trator as being entitled to operate under the Cotton Garment Code, 
so that in total approximately 700 firms made dresses to which they 
attached cotton garment labels during this period. In general, a 
very chaotic condition resulted which was most unsatisfactory to 
all elements — the so-called legitimate house dress manufacturers 
fully as much as the dress industry. As a result of this chaos, the 
Dress Code Authority filed an application for an amendment for the 
Cotton Garment Code, and on the basis of this application, public 
hearing was held. After this public hearing and the report of the 
Special Administrator, conferences and discussions were held by the 
Administration with the A^arious groups involved, separately and 
jointly. 

Following is a summary of what appear to be the salient facts of 
the situation : 

There is a group of manufacturers to Avhom undue hardship might 
result from the application to them of all provisions of the Dress 
Code. However, the problem of delimiting this group and ascertain- 
ing just exactly what degree of relief would remedy the alleged 
hardship, without at the same time creating new conditions of unfair 
competition, was and is an extremely difficult one. Further, the 
product which this group makes, while clearly distinguishable in its 
very lowest price ranges from the products made by the Dress Code 
manufacturers, reaches a point which the Special Administrator 
referred to above " Where the two lines of manufacture overlap they 
can hardly be distinguished by fibre, price or styling." 

The great difference between the wage and hour provisions of the 
two Codes creates such a labor cost differential that large numbers 
of manufacturers, who never Avere house dress manufacturers within 
the knowledge or memory of anybody in the Industry, clamor to be 
given the right to operate under anj'^ conditions and terms designed 
to afford relief to the so-called legitimate house dress manufacturers, 
Avhich. if permitted, would give these groups very large and utterly 
unjustifiable competitive advantages over both dress manufacturers 
under the Dress Code and such legitimate house dress manufacturers 



236 

as might conceivably be entitled to some measure of relief. Such 
manufacturers merely want to pay wages as low as possible. 

Throughout this entire discussion the Dress Code Authority has 
consistently maintained that the manufacture of dresses is one indus- 
try, and, until it is all included in one code, the problem cannot be 
solved. 

From this welter of fact, conjecture and opinion, the folloAving 
recommendations are made in order to effect a sound solution of the 
problem : 

(1) That the definition of cotton wash dresses in the Cotton Gar- 
ment Code be amended to include only dresses of linen or of chief 
content of cotton selling at wholesale to retailer up to and including 
$22.50 per dozen. 

(2) That all dresses selling at wholesale to retailer at over $22.50 
per dozen come under the Dress Code. 

Under this arrangement a very definite line is drawn between the 
dresses which may be manufactured under the Cotton Garment Code 
and those that must be manufactured only under the Dress Code. 
This solution of the problem does not estop the manufacturers of 
dresses of the price range above $22.50 per dozen from requesting 
and obtaining such relief as circumstances justify if unfair competi- 
tion or undue hardship is shown. 

It has been shown that a comparatively small volume of dresses 
of linen or of chief content of cotton wholesaling at below $22.51 
per dozen have been manufactured heretofore by members of the 
Dress Manufacturing Industry operating under the Dress Code; 
also that a comparatively small volume of cotton dresses whole- 
saling at over $22.50 per dozen have been manufactured by the 
so-called legitimate house dress manufacturers. Xo real hardship 
will be imposed upon anyone by the limits defined. If a house dress 
manufacturer wishes to manufacture dresses wholesaling at $22.50 
per dozen he may do so under the terms of the Dress Code and, if 
circumstances justify, the Administrator may make exemptions in 
individual cases in order to prevent undue hardship. Enforcement 
by the Code Authorities can only be accomplished by a clear cut 
decision with a minimum of overlapping. 

The amendments are in four (4) parts as follows: 

Part 1. Amends — Definitions, Article II, Section A of the Code by 
striking out the words " cotton wash dresses " and inserting, 
" dresses of linen or of chief content of cotton selling at wholesale 
to retailer up to and including $22.50 per dozen ". 

Part 2. Further amends — Definitions, Article II. by deleting Sec- 
tion B, which defines " cotton wash dresses " for the purpose of the 
provisions of the Code as originally approved. 

Part 3. Amends — Administration, Article IX. Section B. by re- 
moving the name " The National Association of Cotton Dress Manu- 
facturers " appearing in Item 10 of said Section B, and inserting in 
place thereof " The National Association of House Dress Manufac- 
turers, Inc.". 

Part 4. Amends — Unfair Trade Practices, Article XI, by adding 
as Section D, a provision making it an unfair trade practice and a 
violation of the Code to attach labels issued under the Code to any 
garment not specifically included within the Code. 



237 

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 wall provide for the general 
welfare b}^ 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 
unemplo3'ment, 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 approval of said 
amendments. 

(f) The Code empowers the Administrator to take the w^ithiii 
action. 

For these reasons these amendments have been approved. 
Respectfully, 

Hugh S. Johnson, 

Administrator, 
September 27, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOE 
THE COTTON GARMENT INDUSTRY 

The Code of Fair Competition for the Cotton Garment Industry, 
approved November 17, 1933, and subsequently amended, is hereby 
amended as follows : 

1. In Article II, Section A of said Code, item (8), the words 
" cotton wash dresses " are stricken out and the words " dresses of 
linen or of chief content of cotton selling at wholesale to the retailer 
up to and including $22.50 per dozen " are inserted. 

2. Section B of Article II is deleted. 

3. Section B of Article IX is amended by striking out the words 
" The National Association of Cotton Dress Manufacturers " ap- 
pearing in item (10) of the official copy of the Code and inserting 
in place thereof " The National Association of House Dress Manu- 
facturers, Inc." 

4. Article XI is amended by adding Section D as follows : 

" D. It shall be an unfair trade practice and a violation of this 
Code to attach N. R. A. labels issued hereunder to any garment not 
specifically included within this Code." 

Approved Ck)de No. 118 — ^Amendment No. 8. 
Registry No. 217-1-06. 

(238) 



Approved Code No. 193 — Amendment No, 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FOLDING PAPER BOX INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approving jSIodification or Code of Fair Competition for the 

Folding Paper Box Industry 

An application having been clulv 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 modihca- 
tion to a Code of Fair Competition for the Folding Paper Box 
Industry, and due notice and opportunity to be heard having been 
o-iven thereon, and the annexed report on said modification, con- 
faining 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 authoritv vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise; do hereby incorporate by reference, said 
annexed report and do find that said modification and the Code as 
constituted after being modified comply in all respects with the 
pertinent provisions and will promote the policy and purposes of said 
Title of said Act, and do hereby order that said modification be 
and it is hereby approved, and tliat 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: 

Joseph F. Battle y, 

Acting Division Administrator. 

Washington, D.C, 

September 27, 193^, 

(239) 



EEPORT 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 Folding Paper Box Industry which was approved 
by you on December 30, 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 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 
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 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 limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
subsection (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 these reasons this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dtninlstrator. 
September 27, 1934. 

(240) 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE FOLDING PAPER BOX INDUSTRY 

Delete Section V of Article II and. in lieu thereof insert : 
5. (a) 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 : 

1. To incur such reasonable obligations as are necessary and proper 
for the foregoing purjDoses, and to meet such obligations out of 
funds which ma}^ 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 contribu- 
tion 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 contributing 
to tlie 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. 

(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. 193 — Amendment No. 1. 
Registry No. 406-1-09. 

(241) 



Approved Code No. 161 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUR DRESSING AND FUR DYEING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approm:ng Modeficatiox of the Code of Fair Competition for the 
Fur Dressing and Fur Dyeing Industry 

An application having been duh^ made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 19;33, for approval of Modi- 
fication to the Code of Fair Competition for the Fur Dressing and 
Fur Dyeing Industry, and opportunity to be heard having been af- 
forded all members of said Industry, 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 
President, including JExecutive Order No. 6543-A, dated December 
30, 1933, and otherwise; do hereby incorporate, by reference, said 
annexed report and do find that said modification and the Code as 
constituted after being modified comply in all respects with the 
pertinent provisions and will promote the policy and purposes of 
said Title of said Act, and do hereby order that said modification 
be and it is hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as modified, such approval and such modification to take 
effect ten days from the date hereof, unless good cause to the con- 
trary is shown to the Administrator before that time and the Ad- 
ministrator issues a subsequent order to that effect. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Adniinistrator. 

Washington, D.C, 

Septemler 27, 1931^. 

(243) 



REPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir : This is a report on the modification to the Code of Fair 
Competition for the Fur Dressing and Fur Dyeing Industry, on 
which a public hearing was held on August 16, 1934. 

This modification provides that a member of this Industry must 
keep accurate and complete records of his transaction in the Industry 
in respect to wages, hours of labor, conditions of employment, num- 
ber of employees and other matters necessary for the effectuation of 
this Code and Title I of the National Industrial Recovery Act, It 
requires any member of the Industry to furnish these aforementioned 
reports when required to do so by the Code Authority or the Admin- 
istrator or to an agency appointed by the Code Authority with the 
approval of the Administrator when necessary. This modification 
also provides for a list of employees excepted from the provisions 
of Article IV, Section 1, Subdivisions (a), (b) and (c), and Section 
2, Sudivisions (a) and (b), of the Code, as well as the weekly pay- 
ment of wages. This modification is a distinct aid to the Adminis- 
tration and enforcement of this Code. 

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

I find that : 

(a) The modification of said code and the code as modified are well 
designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of trade for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
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 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. 

(244) 



245 

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

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

For these reasons this modification has been approved. 
Respectfully, 

Hugh S. Johnson, 

A dministrator. 
September 27, 1934. 



MODIFICATION TO CODE OF FAIR COMPETITION FOE 
THE FUR DRESSING AND FUR DYEING INDUSTRY 

The following modifications were offered by the Code Authority 
Board : 

Article III, Section 4, shall be modified to read as follows, by add- 
ing the following words: 

" * * * provided, however, that a partner, officer, director or 
stockholder of a ' member of the Industry ' engaged in productive 
labor shall be considered an employee for the purposes of this code 
and shall be subject to the labor provisions thereof." 

There shall be added to Article IV a new section to be known 
as Section 7, which shall read as follows : 

" From the provisions of Section 1, Subdivisions (a), (b), and (c), 
and Section 2, Subdivisions (a) and (b), the following employees 
shall be excepted : 

"(a) Watchmen who shall receive a minimum wage of $30 per 
week; 

"(b) Chauffeurs who shall receive a minimum wage of $30 per 
week ; 

"(c) Chauffeurs' helpers and/or pick-up boys who shall receive a 
minimum wage of $18 per week ; 

"(d) Errand boys who shall receive a minimum wage of $15 per 
week; 

"(e) Office employees who shall receive a minimum wage of $18 
per week." 

A new section to be added to Article IV, to be known as Section 
8, to read as follows : 

" Section 8. Members of the Industry (employers) shall make 
payment of wages weekly and within four days from the end of the 
employee's working week, and employees shall not be required as a 
condition of employment or otherwise to refund, rebate or make 
reimbursement of any portion of such wages nor shall employers 
accept such refund, rebate or reimbursement of wages paid, con- 
tracted for, or earned, as may be evidenced by pay roll records or 
otherwise, which will result in employees actually receiving less than 
such amounts and/or the amounts provided in any collective bar- 
gaining agreement then in force or in this Code. No subterfuge shall 
be employed to circumvent the letter or spirit of this provision." 

Three new sections to be added to Article VI, Section 8, to be 
known as Sub-sections (e), (f) and (g), to read as follows: 

"(e) Each member of the Industry shall keep accurate and com- 
plete records of his, their or its transactions in the Industry in re- 
spect to wages, hours of labor, conditions of employment, number 
of employees and other matters necessary for the effectuation of this 
code and Title I of the National Industrial Recovery Act. Each 
member shall furnish accurate reports based upon such records con- 

(246) 



247 

cerninf^ such matters when required by the Code Authority or the 
Administrator. If the Code Authority or the Administrator shall 
determine that doubt exists as to the accuracy of any such report, so" 
much of the pertinent books, records and j)apers of such member as 
nuiy be required for the verification of such report may be examined 
by an agency agreed upon between the Code Authority and such 
member, or in the absence of an agreement, by an agenc}' apjjointed 
by the Code Authority and approved by the Administrator. 

"(f) If a member of the Industry shall fail to furnish accurate 
reports concerning any of the foregoing matters when required l)y 
the Code Authority or the Administrator, such member shall make 
available to an agency appointed by the Code Authority with the 
approval of the Administrator so much of the pertinent books, rec- 
ords and papers of such member as may be required by the Code 
Authority with respect to wages, hours of labor, conditions of em- 
ployment, number of employees and other matters necessary for the 
eflfectuation of this Code. 

"(g) In no case shall the facts disclosed by such examination be 
made available in any form to any competitor whether on the Code 
Authority Board or otherwise, or be given any other publication 
except so much thereof as may be required for the proper adminis- 
tration or enforcement of all the provisions of this Code. 

Apiiroved Code No. 161 — Amendment No. 5. 
Kegistry No. 011-28. 



03080—34 11 



I 



Approved Code No. 157 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HAIR CLOTH MANUFACTURING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approving Amendment to the Code of Fair Competition for the 
Hair Cloth 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 Hair Cloth Manufac- 
turing Industry, and an opportunity to be heard thereon having 
been given, 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, 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 : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D.C, 

September 27, 193k. 

(240) 



REPOKT TO THE PEESIDENT 

The Peestdext, 

The White House. 

Sir: This is a report on an amendment to the Code of Fair Com- 
petition for the Hair Cloth Manufactiirinfj: Industry. Notice of 
Opportunity to be Heard on this amendment was published on 
Au<Tust 25, 1934; no objections were received within the <;iven fifteen 
(15) day period ending; September 10, 1934. The amendment, which 
is attached, was presented by duly qualified and authorized rei)re- 
sentatives of the Industry, complyinfjj with statutory requirements 
and being the duly constituted Code Authority under the provisions 
of said Code for said Industry. 

This amendment relates to the liability of the members of the 
Code Authority. 

The Deputy Administrator in his final report to me on said 
amendment to said Code havinp; 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 
Nationiil Ti^iustrial Recovery Act incIurl-Tig the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under 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 agricultui'al prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherw^ise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Code Authority is empowered to present the aforesaid 
amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(250) 



251 

(e) 'J'he 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 ) Tliose engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
amendment. 

For these reasons this amendment has been approved. 
Kespectfully, 

Hugh S. Johnson, 

Administrator. 
September 27, 1934. 



I 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE HAIR CLOTH MANUFACTURING INDUSTRY 

Article VI, Section 6, is hereby added to the Code of Fair Com- 
petition for the Hair Cloth Manufacturing Industry, and shall read 
as follows: 

6. Nothing contained in this code shall constitute the members of 
the Code Authority partners for any purpose, nor shall any mem- 
ber of the Code Authority be liable in any manner to anyone for any 
act of any other member, officer, agent or employee of the Code 
Authority, nor shall any member of the Code Authority, exercising 
reasonable diligence in the conduct of his duties hereunder be liable 
to anyone for any action or omission to act under this Code, except 
for his own wilful malfeasance and non-feasance. 

Approved Code No. 157 — Amendment No. 2. 
Registry No. 299-2-18. 

(252) 



I 

4 



Approved Code No. 201-1 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

LEATHER AND SHOE FINDINGS TRADE 

As Approved on September 27, 1934 



ORDER 



Approvixg Amendment to Supplementary Code of Fair Competi- 
tion FOR THE Leather and Shoe Findings 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 an amend- 
ment to the Supplementary Code of Fair Competition for the Leather 
and Shoe Findings Trade to the Code of Fair Competition for the 
Wholsaling or Distributing Trade, and opportunity to be heard 
thereon having been given and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made 
and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
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 Supplemen- 
tary Code as constituted after being amended comply in all respects 
with the pertinent provisions and will promote the policy and pur- 
poses of said Title of said Act, and do hereby order that said amend- 
ment be and it is hereby approved, and that the previous approval 
of said Supplementary Code is hereby amended to include an ap- 
proval of said Supplementary Code in its entirety as amended. 

Hugh S. Johnson, 
Administrator for Industrml Recovery. 

Approval recommended : 

Robert L. Houston, 

Division Administrator. 

Washington, D.C, 

Septemler 27, 1934. 

(253) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendment of the Supplementary 
Code of Fair Competition for the Leather and Shoe Findings Trade 
as approved by me on May 17, 1934. Application was made under 
date of July 30, 1934, by the Divisional Code Authority for the 
Leather and Shoe Findings Trade, for amendment of the provisions 
of Article III, by adding a Section 5. Fair notice of opportunity 
to file objections to this amendment was given to all interested parties. 

Tills amendment was drawn up and proposed in accordance with 
Executive Order No. 6678, dated April 14, 1934, and with the Legal 
Division's suggested wording for such amendments. It is intended 
to govern the collection of assessments for code administration by the 
Leather and Shoe Findings Trade. 

This amendment does not in any Avay affect the labor provisions 
of tlie Supplementary Code or anything other than assessment for 
expenses of code administration. 

Tlie Deputy Administrator in his final report to me on said amend- 
ment 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) The amendment to said Supplementary Code and the Supple- 
mentary Code as amended are well designed to promote tlie poli.ies 
and purposes of Title I of the National Industrial Recovery Act in- 
cluding 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 man- 
agement 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 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) of 
Section 7, and Subsection (b) of Section 10 thereof. 

(c) The National Leather and Shoe Finders Association was and 
is a trade association truly representative of the aforesaid trade and 
that said association imposed and imposes no inequitable restrictions 
on admission to membership therein and consents to this amendment. 

(254) 



255 

(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 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 :->aid 
amendment. 

For these reasons, I have approved this amendment to the Supple- 
mentary Code of Fair Competition for the Leather and Shoe Find- 
ings Trade. 

Respectfully, 

Hugh S. Johnson, 

Adniinistrator. 
September 27, 1934. 



AMENDMENT TO SUPPLEMENTAKY CODE OF FAIR 
COMPETITION FOR THE LEATHER AND SHOE FIND- 
INGS TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

There shall be added to Article III a new section as follows : 
5 (a) It being found necessary in order to support the adminis- 
tration of this Supplementary 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 : 

(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 Supplementary 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 ujDon 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, 
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 Divisional 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 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 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. 201-1 — Amendment No. 1. 

Registry No. 910-01. , 

(266) i 



Approved Code No. 271 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

NON-FERROUS AND STEEL CONVECTOR MANU- 
FACTURING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Xon-Ferrous and Steel Convector Manufacturing Industry 

An application having been dnlj 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 Non-Ferrous and Steel 
Convector Manufacturing Industry, and opportunity to be heard 
having been afforded all members of the Industry, and no objections 
having been filed, and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President: 

NOW. THEREFORE, on behalf of the President of the United 
States, I. Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vestecl in me b}' Executive Orders of the Presi- 
dent, including Executive Order No. G543-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 herebv order that said amendment be and 
it is hereb}' approved as modified hereafter, and that the previous 
approval of said Code is hereby modified to include an approval of 
said Code in its entirety as amended : 

PROVIDED that Article VI, Section 4. paragraphs (f) and (g) 
be deleted insofar as they are in conflict with the provisions of this 
amendment. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

Septeniber 27, 19S1^. 

(257) I 



REPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir: This is a report on the amendment to the Code of Fair Com- 
petition for the Non-Ferrous and Steel Convector Manufacturing 
Industry. Notice of opportunity to be heard was sent to all mem- 
bers of the Industry on Au<zust 2, 1934, and no objections were hied 
with the Administration. The amendment, which is attached, was 
presented by the Code Authority. 

The Code of Fair Competition for the Non-Ferrous and Steel 
Convector Manufacturing Industry provides in Article VIII, Sec- 
tion 3 that : 

" This Code, except as to provisions required by the Act, may be 
modified on the basis of experience or change in circumstances, such 
modifications to be based upon application to the Administrator and 
such notice and hearing as he may specify, and to become etfective 
on approval of the Administrator. Any such application may be 
made b}' the Code Authority." 

This amendment provides that Section 8 of Article VI be deleted 
and that certain provisions be substituted in lieu thereof to facilitate 
the collection of assessments from each member of the Industry. 

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 ths 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 pi'oducts 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 

(258) 



259 

tation Subsection (a) of Section '^, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said anienchnent 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 oper- 
ate to discriminate against them. 

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

For these reasons, therefore, I have approved this amendment. 
Respectfully, 

Hugh S. Johnson, 

Administrator. 
September 27, 1934. 



MODIFICATION OF CODE OF FAIK COMPETITION FOR 
THE NONFERROUS AND STEEL CONVECTOR MANU- 
FACTURING INDUSTRY 

Modify Article VI \xj deleting Section 8 and substituting in lieu 
thereof the following : 

Section 8. (1) 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, 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 to 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 oiDportunity to be iieard 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- 
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 its approved budget, except upon approval of the 
Administi-ator; 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. 273 — Ameiulment No. 1. 
Registry No. 11:^1-01. 

(260) 



Approved Code No. 71 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAINT, VARNISH, AND LACQUER MANUFACTUR- 

ING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Paint, Varnish, and Lacquer 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. 193;^, for approval of an amend- 
ment to a Code of Fair Competition for the Paint, Varnish, and 
Lacquer Manufacturing Industry, and opportunity to be heard 
having been afforded all interested parties, and any objections filed 
having been duly considered, and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made 
and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
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 perti- 
nent provisions and will promote the policy and purposes of said 
Title of said Act, and do herebv 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: 

Joseph F. Battle y. 

Acting Division Administrator. 

Washington, D.C, 

September 27, 193J^. 

(261) 



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 Paint, Varnish and Lacquer Manufac- 
turing Industry as approved by you on October 31, 1933. A notice 
of opportunity to be heard has been published, giving all interested 
parties full opportunity to be heard. 

This report covers only one amendment, the purposes and effects of 
which are as follows : 

This amendment enables the Paint Industry Recovery Board to 
incur such reasonable obligations as are necessary for the adminis- 
tration of the Code. It requires that the Paint Industry Recovery 
Board 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 Industry. Payment of an equitable con- 
tribution to the expenses of the Paint Industry Recovery Board by 
members of the Industry is made mandatory by this amendment if 
their principal line of business is covered by this Code. 

FINDINGS 

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

I find that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action 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 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 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. 

(262) 



263 

(c) The Code empowers the Paint Industry Eecovery Board to 
present the aforesaid amendment on behalf of the Industry as a 
whole. 

(d) This amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) This 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. Johnsox, 

Administrator, 
September 27, 1934. 



Siaoso — 34 1 2 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
PAINT, VARNISH, AND LACQUER MANUFACTURING 
INDUSTRY 

Under Article X delete the next to the last paragraph and substi- 
tute therefor the following: 

" 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 
Paint Industry Recovery Board 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 and 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. 

" Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Paint Indus- 
try Recovery Board, determined as hereinabove provided, and sub- 
ject to rules and regulations pertaining thereto issued by the Ad- 
ministrator. 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 con- 
tributions) shall be entitled to participate in the selection of the 
members of the Paint Industry Recovery Board 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 Paint Industry Recovery Board 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 defi- 
ciency item for exi)enditures in excess of prior budget estimates 
except those which the Administrator shall have so approved. 

" Failure on the part of any member of the Industry to contribute 
his or its equitable contribution to the expenses of maintaining the 
Paint Industry Recovery Board, determined as hereinabove pro- 

(264) 



265 

vided, shall be a violation of this Code subject however to rules and 
regulations issued by the Administrator which pertain thereto." 

Under Article X delete the last paragraph and substitute therefor 
the following: 

" The Paint Industry Recovery Board shall have full responsibil- 
ity for its expenditures within the limits of such appropriations as 
are provided for and included in the budget approved by the Ad- 
ministrator, provided that no traveling or other expenses of Board 
Members shall be paid out of the Paint Industry Recovery Board's 
funds when attending Board meetings, but actual expenses of mem- 
bers of the Board when engaged in the business of the Board, other 
than attendance at Board meetings, may be paid out of such funds, 
provided prior authority for such expenditures or expenditure has 
been given by the Board." 

Approved Code No. 71 — Amendment No. 3. 
Registry No. 61&-1-03. 



Approved Code No. 84M — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

PORCELAIN ENAMELING MANUFACTURING 

INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approving Modtfication of Supplementary Code of Fair Competi- 
tion FOR THE Porcelain Enameling Manufacturing Industry 

A division of the fabricated metal products manufacturing and 

METAL FINISHING AND METAL COATING INDUSTRY 

An aiDplication 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 modification 
to a Supplementary Code of Fair Competition for the Porcelain 
Enameling Manufacturing Industry, and a Notice of Opportunity to 
be heard having been duly 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 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 Supplementary 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 Supplementary Code is hereby modified to include an approval 
of said Supplementary Code in its entirety as modified, such ap- 
proval and such modiication to take effect ten days from the date 
hereof, unless good cause to the contrary is shown to the Adminis- 
trator before that time and the Administrator issues a subsequent 
order to that effect. 

Hugh S. Johnson, 
Admmistrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D.C, 

September 27, 193^. 

(267) 



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 Article IV of the Supplementary Code 
of Fair Competition for the Porcelain Enameling Manufacturing 
Industry by the Supplementar}' Code Authority for that Industry^ 

The Supplementary Code of Fair Competition for the Porcelain 
Enameling Manufacturing Industry was approved on March 31^ 
1934. Article IV, Section 4, provides that: 

"All members of the Industry are subject to the jurisdiction of 
the Supplementary Code, shall be entitled to participate in and share 
the benefits of the activities of the Supplementary Code Authority; 
shall be entitled to vote in the selection of Class (a) members of 
the Supplementary Code Authority as provided in Section I of this 
Article; and shall pay their reasonable share of the expenses of the 
administration of this Supplementaiy Code, such reasonable share 
to be determined by the Supplementary Code Authority, subject to 
review by the Administrator, on the basis of volume of business 
and/or such other factors as may be deemed equitable by the Sup- 
plementary Code Authority." 

The above Section of Article IV in effect provides for voluntary 
contributions on the part of the members of the Industry. This 
method of providing funds for the proper administration of the 
Supplementary Code has been found to be unsatisfactory. The pres- 
ent modification is therefore proposed to create a legal obligation, 
on the part of the Industry Members, to pay their pro rata share 
of the expenses of the Supplementary Code Authority. 

nXDINGS 

The Assistant Deputy Administrator in his final report to me 
on said modification 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 
governmental sanction and supervision, by eliminating unfair com- 

(268) 



269 

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 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 Code empowers the Code Authority to present the afore- 
said modification on behalf of the industry as a whole. 

(d) The modification and the Code as modified are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons, therefore, I have approved this modification. 
Respectfully, 

Hugh S. Johnson, 

Administrator, 
September 27, 1934. 



MODIFICATION OF SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE PORCELAIN ENAMELING 
MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Modify Article IV by deleting Section 4 and substituting in lieu 
thereof the following : 

Section 4. (a). It being found necessary in order to support the 
administration 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 author- 
ized: 

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 Supplementary 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. 

(b) Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Supple- 
mentary 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 
Supplementary Code and contributing to the expenses of its admin- 
istration 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. 

(c) The Supplementary Code Authority shall neither incur nor 
pay any obligations 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 ap- 
proval of the Administrator; and no subsequent budget shall contain 

(270) 



271 

any deficiency item for expenditures in excess of prior budfiet esti- 
mates except those which tiie A(hninistrator shall have so approved. 

Modify Article IV, Section 7 by deleting sub-sections f and g. 

Keniimber sub-section h to read sub-section f. 

Renumber sub-section i to read sub-section g. 

Approved Code No. 81M — Amendment No. 1. 
lieyisuy No. 1033-1-U2. 



Approved Code No. 168 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

REFRACTORIES INDUSTRY 

As Approved on September 27, 1934 



ORDER 



AppRO\^NG Amendment to Code of Fair Competition for the 

Refractories Industry 

An application havings 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 approvall of amendment 
to the Code of Fair Competition for the Refractories 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 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 : 
C. E. Adams, 

Division Administrator. 

Washington, D.C, 

September '27, W3If. •'■ 

(273) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the Amendment to the Code of Fair Com- 
petition for the Refractories Industry, as revised after a Public 
Hearing conducted in Washington on April 9, 1934, in accordance 
with Article XI, Section 4 of said Code as approved on December 
18, 1933. 

This Amendment provides that the name Emergency National 
Committee of the Refractories Industry shall be changed throughout 
the Code to read Code Authority of the Refractories Industry. 

FINDINGS 

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

I find that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
(end 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 
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 American Refractories Institute was and is an industrial 
association truly representative of the aforesaid Industry and that 
said Institute imposed and imposes no inequitable restrictions on 
admission to membership therein 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. 

(274) 



275 

(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 de[)rived of the right to be heard prior to approval of said 
Ajnenthnent. 

For tliese reasons, therefore, I have approved this Amendment. 
Kespectfully, 

Hugh S. Johnson, 

Administrator. 
Septembek 27, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
REFRACTORIES INDUSTRY 

Modify the entire Code by changing the name of the Emergency 
National Committee of the Refractories Industry to Code Authority 
of the Refractories Industry and by striking out the words " Emer- 
gency National Committee" (and/or the word "Committee" where 
it refers to said Emergency National Committee) and by substituting 
in lieu thereof the words "Code Authority " in each case. 

Approved Code No. 168 — Amendment No. 2. 
Registry No. 1034r-l-01. 

(276) 



i 



Approved Code No. 68 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ROAD MACHINERY MANUFACTURING INDUSTRY 

As Approved on September 27, 1934 



ORDER 



Approving Modification of Code of Fair Competition for the 
Road Machinery Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for the approval of a modi- 
fication to a Code of Fair Competition for the Road Machinery 
Manufacturing Industry, and opportunity to be heard thereon hav- 
ing been duly noticed and the annexed report on said modification^ 
containing findings with respect thereto, having been made and 

NOW, therefore", on behalf of the President of the United 
States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise; do hereby incorporate, by reference said 
annexed report and do find that said modification and the Code as 
constituted after being modified comply in all respects with the 
pertinent provisions and will promote the policy and purposes of said 
Title of said Act, and do hereby order that said modification be and 
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 
t«n (10) 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, 

September '27, 193Jf. 

(277) 



KEPORT TO THE PRESIDENT 

The Prfsioext, 

77/e White House. 

Sir: This is a leport on the IModificntion of the Code of Fair 
Conijjetition for tlie Koad Machinerj' jManufacturing Industry to 
incorporate the principh's contained in Executive Order of April 
14, 1934, relating to collection of expenses of Code Administration. 
1'his INIodification was proposed in accordance with Article XII of 
the Code as approved October 31. 1933, and Notice of Opportunity 
to be Heard was given from August 8 to August 22, 1934. No 
objections were received. 

FINDINGS 

The Deputy Administrator in his final report to me on said ISIodi- 
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 
T\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 connnerce which tend 
to diminish the amount thereof, and Avill 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 tlie present 
jiroductive capacity of industries, by avoiding undue restriction of 
jirodnction (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabilitat- 
ing industry. 

(b) The Code as 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 ISIodification 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. 

(278) 



279 

(e) Those enrjaged 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 (10) day waiting period as provided in the 
Order of Ai)proval. 
Respectfully, 

Hugh S. Johnson, 

Administrator, 
September 27, 1934. 



V 



\ 



93080—34 13 



MODIFICATION OF CODE OF FAIR COMPETITION FOR 
THE ROAD MACHINERY MANUFACTURING IN- 
DUSTRY 

PURPOSE 

Pursuant to Article XII of the Code of Fair Competition for the 
Road Machinery Manufacturing Industry, duly approved by the 
Administrator on October 31, 1933, and further to effectuate the 
policies of Title I of the National Industrial Recovery Act, the fol- 
lowing modification is established as a part of said Code of Fair 
Competition and shall be binding upon every member of the Road 
Machinery Manufacturing Industry. ] 

MODIFICATION 

Delete Section 2 of Article III, and substitute in lieu thereof the 
following : 

Section 2 — (1) — It being found necessary in order to support the 
administration of this Code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of the 
Act, the Code Authority is authorized : 

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

(b) To submit to the Administrator for his approval, subject to 
such notice and opportimity 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 .^-hall 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 bv 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. 

(280) 



281 

(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 
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. 68 — Amendment No. 2. 
Registry No. 1329^2. 



Approved Code No. 381 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUR DEALING TRADE 

As Approved on October 2, 1934 



ORDER 



Al'PROVIXG IMODITICATION OF THE CoDE OF FaIR COMPEIITIGN FOR 

THE Fur Dealing Trade 

An application havinp; been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1033, for approval of modification 
to the Code of Fair Comj)etition for the Fur Dealing Trade, and 
opportunity to be heard having been afforded all members of said 
Industry, and the annexed report on said modification, containing 
findings with respect thereto, having been made and directed to the 
President : 

WHEREAS, the Code of Fair Competition for the Fur Dealing 
Trade, as approved on April 4, 1934, contained in Section 1 of Article 
II of said Code the following definition of the Trade : 

" The term ' trade ' as used herein shall mean the business of deal- 
ing in fur skins in the raw, dressed, or dressed and dyed state by any 
person, firm or corporation on his or its own account. It does not 
include dealing in such fur skins as brokers only or as auctioneers 
only."' 
and, 

WHEREAS, application has been made for approval of certain 
amendments to the above mentioned Code, including an amendment 
deleting the last sentence of Section 1 of Article II of said Code, 
and a public hearing has been duly held thereon, and, 

WHEREAS, the fur brokers and auctioneers who deal mainly for 
the account of others number approximately 50, and the fur dealers 
who deal mainly for their own account number approximately 1,750, 
and 

WHEREAS, all members of the Trade, including fur auctioneers 
and brokers, are engaged in the business of buying and selling fur 
skins; that they purchase from the same sources of supply and sell 
to the same customers in direct competition with each other, 

NOW, THEREFORE, we find that fur brokers and auctioneers 
are engaged in the same business as the members of the Fur Deal- 
ing Trade who deal in furs mainly on their own account, and, there- 

(283) 



284 

fore, constitute the same trade or industry within the meaning and 
intent of Section 8-A of Title I of the National Industrial Recovery 
Act, and that the trade associations which made application for 
the Code of Fair Competition for the Fur Dealing Trade are truly 
representative of the Trade as defined in the first sentence of Section 
1 of Article II of said Code, and that in order to promote the policy 
and purposes of Title I of said Act the fur brokers and auctioneers 
should be subject to the provisions of the Code of Fair Competition 
for said trade, and 

WHEREAS, 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 the Code of Fair Competition for the Fur Dealing 
Trade, and hearings having been duly held thereon, and annexed 
report on said amendments containing findings with respect thereto 
having been made and directed to the President, 

NOW, THEREFORE, on behalf of the I^resident of the United 
States, The National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of tlie President, including 
Executive Order No. 6543-A, dated December 30, 1933, and other- 
wise; does hereby incorporate, by reference, said annexed report 
and does 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 j^urposes of said Title of 
said Act, and does 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. 

This order shall not become effective for a period of ten (10) days 
from the date hereof during which period consideration will be given 
to the objections, if any, of interested parties. At the end of such 
period this order shall become fully effective unless we by our 
further order otherAvise direct. 

The National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

Oetoher 2, 193Jf. 



REPORT TO THE PRESIDENT 

The President, 

The White Hoitse. 

Sm: This is a report on the modifications to the Code of Fair Com- 
petition for the Fur Dealing Trade, on which public hearing was 
held August 10, 1934. 

These modifications will clarify the definition of members of the 
Trade and will give representation on the Code Authority Board 
to those menibei-s who are not now represented. 

The Deputy Administrator in his final report to us on said modifi- 
cations of saii code having found as herein set forth and on the basis 
of all the proceedings in this matter: 

We find that : 

(a) The modifications of said code and the code as modified 
are well designed to promote the policies and purposes of Title I 
of the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general Avelfare by promoting the organization of trade 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 
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 otherw^ise re- 
habilitating 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 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. 
Respectfully, 

The National Industrial Recov^:ry Board, 
By G. A. Lynch, Adniinhtrative 0-fficer. 

October 2, 1934. 

(285) 



MODIFICATION TO CODE OF FAIR COIMPETITION FOR 
THE FUR DEALING TRADE 

1. Section 1, Article II, shall be modified to read as follows: 

" Section 1, The term " trade " as used herein shall mean the busi- 
ness of dealing in fur skins in the raw, dressed, or dressed and dyed 
state by any person, firm, or corporation on his or its own account 
or for the account of others." 

2. The first sentence of Section 3, of Article VI, shall be modified 
to read as follows : 

" There shall be duly appointed to the Code Authority Board 
twelve members thereof as follows : 

3. Section 2, of Article VI, shall be modified to read as follows: 
" The Fur Dealinor Trade shall be classified into the following 

divisions: 

" The General Division. 

" The Rabbit Dealing Division. 

" The Broker and Auction House Division, 
"and subject to the approval of the Administrator, additional di- 
visions may be organized or existing divisions consolidated upon 
recommendation of the planning committees of all divisions, and the 
Code Authority Board." 

4. An additional sentence shall be added to Section 3, of Article 
VI as follows : 

" Three members shall be duly appointed by those members of 
the Trade whose business to the extent of 90% consists of dealing 
in fur skins for the account of others and/or the sale of fur skins at 
public auction." 

5. A new subsection to be known as subsection (a) of Section G, of 
Article VI as follows : 

" No reorganization of the Code Authority Board of reclassifi- 
cation of divisions in the trade or modification of the provisions con- 
tained in the code for rules and regulations of the Code Authority 
Board as affect only one division of the trade shall be recommended 
to the Administrator by the Code Authority Board over the dissent 
of the Divisional Planning Committee of the affected division." 

Approved Code No. 381 — Amendment No. 2. 
Registry No. 917-10. 

(286) 



i 



Approved Code No. 61 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

I OR THE 

INDUSTRIAL SUPPLIES AND MACHINERY 
DISTRIBUTORS' TRADE 

As Approved on October 2, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 
Industrial Supplies and Machinery Distributors' 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 amendments 
to a Code of Fair Competition for the Industrial Supplies and 
Machineiy Distributors' 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of th€ President, including 
Executive Order 0859, dated September 27, 1934, and otherwise, 
does hereby incorporate by reference, said annexed report and does 
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 
does hereby order that said amendments be and they are hereby 
approved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended, such approval and such amendments to take effect ten (10) 
days from the date hereof, unless good cause to the contrary is 
shown to the National Industrial Recovery Board before that time 
and a subsequent order to that effect is issued. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Robert L. Houston, 

Division Administrator. 

Washington, D. C, 

October 2, 1931^. 

(287) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: Under the Code of Fair Competition for the Industrial 
Supplies and Machinery Distributors' Trade, as approved on October 
23, 1933, the Code Authority for said Trade has submitted the 
Amendments which are included and attached. 

This is a report on the Hearing on the foregoing Amendments, 
conducted at the Carlton Hotel in Washington, D. C, on June 
15, 1934, in accordance with the regulations of the National Recov- 
ery Administration. 

These Amendments are considered as of vital importance to this 
Trade which is making an earnest effort to curtail and prevent 
certain industrial practices and abuses which have become apparent 
during the past few years and which if allowed to continue will tend 
to prevent a rapid return of industrial recovery in this Trade. 

FINDINGS 

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

We 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 
adequate governmental sanction and supervision, by eliminating 
unfair competitive practices, by promoting the fullest possible utili- 
zation of the present productive capacity of the industries, by avoid- 
ing undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agri- 
cultural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) 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 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. 

(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 amendments. 

For these reasons, we have approved these amendments. 

Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-fficer. 
October 2, 1934. 



amend:ment to code of fair competition for 
the industrial supplies and machinery dis- 
tributors' trade 

Amend Article V, by deleting the present Section 1 (b) and in- 
serting a new Section 2, Section 3, Section 4 as follows : 

Sec, 2. 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 obligati<ms 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 pur- 
poses, and (2) an equitable basis upon which the funds necessary to 
support such budget shall be contributed by members of the Trade; 

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

Sec. 3. Each member of the Trade shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the Trade complying with the Code and contributing 
to the expenses of its administration as hereinabove provided, unless 
duly exempted from making such contributions, shall be entitled to 
participate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntarv activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

Sec. 4. The Code Authority shall neither incur nor pay any obli- 
gation 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. 

Amend Article V, Section 2, by deleting the figure " 2 " and sub- 
stitute tlierefor the figure " 5 ". 

Amend Article VI by adding Sections 13 and 14 as follows: 

Sec. 13. When a member of the Trade desires to dispose of obso- 
lete, closeout, or discontinued items, and to offer such merchandise 
for sale at prices less than his customary prices, he shall file with 

(290) 



291 

the Regional Committee in the area in which he is located, a state- 
ment showing the quantity, sizes, and complete description of the 
merchandise so offered for sale, and the reasons for such sale. On 
such sales, all invoices for merchandise so sold shall plainly display 
the following words, " Special Closeout Prices ". Failure to ob- 
serve this rule or increasing such stock during liquidation at the 
special prices is an unfair method of competition. Any distributor 
finding himself in this position shall first offer the surplus of mer- 
chandise to the manufacturer thereof, and failing to dispose of such 
merchandise by this method shall offer same to the mem)iers of the 
Trade in the regional group. 

Sec. 14. The issuing of credit or making of cash settlement beyond 
the recoverable value of any goods accepted by any member of the 
Trade in exchange for or as part payment for anj' products of this 
Trade. 

Approved Code No. 63 — Amendment No. 1. 
Registry No. 1399-1-16. 



i 



Approved Code No. 82 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

As Approved on October 2, 1934 



ORDER 



Appro\t:ng Amendment to the Code or 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 Indus- 
trial Recovery Act, approved June 16, 1933, for approval of amend- 
ment to the Code of Fair Competition for the Steel Casting Indus- 
try, and notice of opportunity to be heard having been 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: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, and other- 
wise; does hereby incorporate, by reference, said annexed report 
and does 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 does 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 National Industrial Recovery Board before that 
time and it issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-jJicer. 

Approval recommended : 
Barton W. Murray, 

Division Adininistrator. 

Washington, D. C, 

October 2, 1934. 

(293) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an aniejuhiient to the Code of Fair Com- 
petition for the Steel Casting Industry. The opportunity to be 
heard has been noticed to all interested parties in accordance with 
the ])rovisions of the National Industrial Recovery Act. 

The Code is amended to add a schedule of unfair trade practices 
and a clause on export sales with reference to the Manganese Steel 
Casting group. 

FINDINGS 

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

We find that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacitj^ of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The 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, we have approved this amendinent. 



Respectfully, 
October 2, 1934. 



National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-fficer. 

(294) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE STEEL CASTING INDUSTRY 

Amendment I 

Amend Article III. Section 1, to read as follows : 

"Articles I to XII inclusive of this Code shall apply to the 
Industry; in view, however, of the divergent producing and selling 
methods applying to the three main groups of castings, namely, 
Miscellaneous Castings, Specialties, and Manganese Steel Castings, 
separate provisions are set forth covering the Unfair Trade Practices 
of each group." 

Amendment II 

Amend the first paragraph of Schedule D to read as follows: 
"Th's Schedule relates solely to the production and/or sales of 

Miscellaneous Castings and has no application to Specialties, Draft 

Gears or Manganese Steel Castings." 

Amendment III 

Amend the first paragraph of Schedule E to read as follows : 

" This Schedule relates solely to the production and/or sale of 

Specialties and has no application to Miscellaneous Castings, Draft 

Gears or Manganese Steel Castings." 

Amendment IV 

Add the following new Schedule which will be known as 
Schedule G: 

schedule g 

This Schedule relates solely to the production and sale of " Man- 
ganese Steel Castings " and has no application to Miscellaneous 
Castings, Specialties or Draft Gears. The producers of such prod- 
ucts collectively are known as '' The Manganese Group." The acts 
described in this Schedule shall constitute unfair practices. Any 
member of the Manganese Group who shall directly or indirectly, 
through any officer, agent or representative use, employ, or permit 
to be employed any of such unfair practices, shall be guilty of a 
violation of this Code. 

Section 1. No member of the Manganese (xroup 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 tlie 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 herein- 
before denied. 

y;308(>— r,4 u (295) 



296 

Section 2. To purchase from customers any commodity and/or 
services at prices in excess of the prevailing market price for such 
commodity and/or services for the purpose of influencing or inducing 
the purchase of manganese steel castings. 

Section 3. To render fictitious invoices and to use other than actual 
shipping weights as a basis for billing except for products specifi- 
cally classified by the Administrative Agency of the Manganese 
Group, subject to the approval of the Administrator. 

Section 4. To render unusual service to any purchaser of any 
product in connection with the sale of such product, unless fair com- 
pensation for such service shall be paid by such purchaser. 

Section 5. To make or give to any purchaser of any product 
any guarantee against decline in the market price of such product. 

Section 6. Date a sales invoice later than the date of mailing of 
said invoice or later than the third day following the date of ship- 
ment of the castings included in such invoice. 

Section 7. To make any sale or contract of sale of any product 
under any description which does not properly describe such prod- 
uct in terms customarily used in the Industry. 

Section 8. No member of the Manganese Group shall secretly 
directly offer or make any payment or allowance of a rebate, re- 
fund, commission, credit, unearned discount or excess allow^ance, 
whether in the form of money or otherwise, nor shall a member of 
the Manganese Group 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. 

Section 9. To enter into quantity contracts with buyers without 
obligation on their part to take delivery of the quantities specified 
in the contract or on the quotation, for the purpose of giving unwar- 
ranted prices. 

Section 10. No member of the Industry shall defame a competi- 
tor by falsely imputing to him dishonorable conduct, inability to 
perform contracts, questionable credit standing, or by other false 
representation, or by falsely disparaging the grade or quality of his 
goods. 

Section 11. To ship products on consignment to consumers for 
their use and/or re-sale. 

Section 12. To allow terms of payment more favorable to the cus- 
tomer than net payment within 80 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 Pac'Hc Coast Port 
to a place of delivery in tlie State of California or the State of Ore- 
gon or the State of Wpsliingtcm, 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. iIk' iiiaxinunu rates of discount for early payment 
shall be 1/2 of 1% of the invoiced value of such castings, if the invoice 
of such castings shall be paid within 80 days from the date of such 
invoice; in all other cases i/j 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 any mem- 
ber of the Industry may allow such discount of l^ of 1% for pay- 



297 

ment 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 allowed 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 followinc; 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 or to any agency thereof in any case in which such 
Government or Agency shall, pursuant to law, impose terms of pay- 
ment other than those prescribed in this Section; provided, however, 
that in any such case none of the members of the Industry shall al- 
low to such Government or any Agency thereof terms of payment 
more favorable than those which shall be prescribed by such Govern- 
ment or Agency pursuant to law. 

Amendment V 
Add the following new Schedule to be known as Schedule H : 

SCHEDULE H — SALES FOR EXPORT 

This Schedule relates solely to the production and/or sale of " Man- 
ganese Steel Castings " and has no application to Miscellaneous Cast- 
ings, Specialties or Draft Gears. 

No provision of this Code relating to prices or terms of selling, 
shipping or marketing, shall apply to export trade or sales or ship- 
ment for export trade. " Export Trade " shall be as defined in the 
Export Act adopted April 10, 1918. 

Approved Code No. 82 — Amendment No. 3. 
Registry No. 1106-1-01. 



Approved Code No. 334 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR TUE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

As Approved on October 3, 1934 



OKDER 



Approving Amendment of Code of Fair Competition for the 
Beverage Dispensing Equipment Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recover Act, approved June 16, 1933, for approval of an amendment 
to a Code of Fair Competition for the Beverage Dispensing Equip- 
ment Industry, and hearings having been duly held thereon and the 
annexed report on said amendment, containing findings witli respect 
thereto, having been made and directed to the Pres'dent: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby incorporate, by reference, said annexed report and does 
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 
does 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 days from the date 
hereof, unless good cause to the contrary is shown to the National 
Industrial Recovery Board before that time and the National Indus- 
trial Recovery Board issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-fficer. 

Approval recommended : 
Barton W, Murray, 

Division AdTnimstrator. 

Washington, D. C, 

October S, 1934. 

(299) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment of the Code of Fair Com- 
petition for the Beverage Dispensing Equipment Industry as ap- 
proved by me on March 16, 1934. Application was made under 
date of June 25, 1934, by the Code Authority for the Beverage Dis- 
jDensing Equipment Industr}^, for amendment of the provisions of 
Article VI, Section 7, of the Code. Public Hearing affording all 
interested parties an opportunitj- to be heard, was held on July 21, 
1934. 

This amendment was drawn up and proposed in accordance with 
Executive Order No. 6678, dated April 14, 1934, and with the latest 
suggested wording for such amendments drafted by the Legal Divi- 
sion. The amendment is intended to govern the collection of assess- 
ments for code administration by the Beverage Dispensing Equip- 
ment Code Authority. 

This amendment does not in any way affect the labor provisions of 
the Code or anj'^thing other than assessment for expenses of code 
administration. 

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

We 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 obstruct 
tions to the free -flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possibile utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as 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. 

(300) 



301 

(c) Tlio 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, we have approved this amendment* 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 3, 1934. 



I 



AI^IENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BEVERAGE DISPENSING EQUIPMENT INDUS- 
TRY 

Article VI of the Code of Fair Competition for the Beverage Dis- 
pensing Equipment Industry shall be and hereby is amended by the 
deletion of S3ction 7, the deletion of subsections (f) and (g) of 
Section 11, the designation of subsection (h) of Section 11 as subsec- 
tion (f), and by the addition of a new Section 7, reading as follows: 

Section 7. (a) It being found necessary in order to support the 
administration of this code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of 
the Act, the Code Authority is authorized : 

(1) To incur such reasonable obligations as are necessary and 
proper for the foregoing purposes, and to meet such obligations out 
of funds which may ba raised as hereinafter provided and which 
shall h? 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 ma}^ 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: 

(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 xVuthor- 
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 con iribu ting 
to the expenses of its administration as liereinabove 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. 

(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 in no event shall 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 apj^roved. 

Approved Code No. 334 — Amendment No. 1. 
Registry No. 1331-02. 

(302) 



Approved Code No. 53 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

HANDKERCHIEF INDUSTRY 

As Approved on October 3, 1934 



OEDER 



ArpROviNO Amendment to the Code of Fair CoMrETiTioN for the 

Handkerchief Industry 

An application liavinii been made pursuant to and in full compli- 
ance with the pi()\isions of Title I of the National Industrial Re- 
covery Act, approved June IG, 11)33, for approval of an amendment 
to the Code or Fair Competition for the Handkerchief IncUistry 
and heariniis having been duly held thereon and the annexed report 
on saitl amendment, containing Hndings with respect thereto, having 
been made and directed to the President: 

K0\\\ THEREFORE, on behalf of the President, we, the Na- 
tional Industrial Recovery Board, pursuant to authority vested in 
us by Executive Oi'ders of the President, do hereby incorpoi'ate by 
reference, said annexed report and do find that said amentlment and 
the Code as constituted after being amended comply in all respects 
with the pertinent provisions and will promote the ])olicies and pur- 
jioses of said Title of said Act, and do hereby order that said 
amendment be and it is hereby approved, and that the previous 
ai)proval of said Code is hereby modified to include an approval of 
said Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Ofjicer. 

Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C. 

October 3, 1034. 

(303) 



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 certain amendments to the Code of Fair Competi- 
tion for the Handkerchief Industry, and Hearings were conducted 
on said i^roposed amendments in Washington on April 18, 1934. 

The amendment to Article VI, Section 4(m) makes each member 
of the Industry liable for his or its equitable contribution to the 
expenses of the maintainence of the Code Authority, and the amend- 
ment, to Article VIII, Section 19 provides that, under certain cir- 
cumstances, an emergency may be declared to exist in the Industry, 
and that, in such event, stated minimum prices for the products of 
the Industry may be prescribed for a limited time. Both amend- 
ments are standard in form and content. 

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 amendment to said Code and said Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof; and will provide for the general 
welfare by promoting the organization of Industry for the purpose 
of cooperative action among trade groups, by inducing and maintain- 
ing united action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of 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 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including but without 
limitations Subsection (a) of Section 3, Subsection (a) of Section 
7, and Subsection (b) of Section 10 thereof. 

(c) The Handkerchief Industry Association, Inc. was and is an 
industrial association truly representative of the aforesaid Industry 
and that said association imj)osed and imposes no inequitable res- 
strictions on admission to membership therein and has applied for 
:and consents to this amendment. 

(304) 



305 

(d) The amendment and tlie Code as amended are not designed 
to and will not })ermit 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. 

National Industrial Eecovery Board, 
By G. A. Lynch, Administrative Officer. 
OcTOiiER 3, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
HANDKERCHIEF INDUSTRY 

The Code of Fair Competition for the Handkerchief Industry is 
hereby amended by the following : 

Delete Article VI, Section 5. The present Article VI, Section 6 
now becomes Article VI, Section 5. 

Add a new Subsection (m) to Article VI, Section 4, as follows: 

" It being found necessary, in order to support the administration 
of this Code and to maintain the standards of fair competition estab- 
lished by this Code and to effectuate the policy of the Act, the 
Code Authority is authorized: (1) To incur such reasonable obli- 
gations as are necessary and proper for the foregoing j)Uiposes and 
to meet such obligations out of funds which nuiy be raised as here- 
inafter 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 b}' members 
of the industry; and (3) After such budget and basis of contribu- 
tion have been approved by the Administrator, to determine and 
obtain equitable contribution as above set forth by all such mem- 
bers of the industry, and to that end, if necessary, to institute legal 
proceedings therefore in its own name. 

Each member of the industry shall pay his or its equitable contri- 
bution to the expenses of the maintenance of the Code Autliority, 
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 voluntar}^ activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

The Code Authority shall neither incur nor pay any obligations 
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." 

Delete the present Section 19 of Article VIII, and substitute there- 
for the following : 

"(a) 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 

(306) 



307 

tendinf^ toward monopoly or other acute conditions which tend to 
defeat the purposes of the Act; and (2) tluit the determination of a 
stated minimum price for a specified product within the industry for 
a limited period is necessary to mitigate the conditions constituting 
such emergency and to effectuate the purposes of the Act, the Code 
Authorty nuiy cause an impartial agency to investigate costs and to 
lecommend to the Administrator a determination of a stated mini- 
mum price of the product affected hy 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 
liecovery Act, he shall establish 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. 53 — Amendment No. 1. 
Resristry No. 237—1—01. 



Approved Code No. 21 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LEATHER INDUSTRY 

As Approved on October 3, 1934 



ORDER 



Modification of Code of Fair Competition for the Leather ' 

Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the National Industrial Re- 
covery Act, approved June 16, 1933, for approval of a modification of 
a Code of Fair Competition for the Leather Industry, and hearings 
having been duly held thereon and opportunity to be heard having 
been given and the annexed report on said modification, containing 
findings with respect thereto, having been made and directed to the 
President i 

NOW, THEREFORE, on behalf of the President of the United 
States, The National Industrial Recovery Board, pursuant to au- 
thorit}'^ vested in it by Executive Orders of the President, including 
Executive Order No. 6543-A, dated December 30, 1933, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
find that said modifica^tion. 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 does 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 modi- 
fied. This order shall become effective on October 16. 1934, unless 
prior to that time good cause to the contrary be shown to the National 
Industrial Recovery Board and it shall issue a subsequent order to 
that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 

Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

Octohei^ S, 1931 

(309) 



REPORT TO THE PRESIDENT 

The President, 

The White Tlouse. 

Sir: This is a report on the Amendments to the Code of Fair 
Competition for the Leather Industry, and on the hearinj^; conducted 
there(m in Washington, D. C, March 30, 1934, and on the Oppor- 
tunity to be Heard published Jul}' 12, 1934, in accordance with the 
provisions of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The Leather Industry, through the General Planning Committee, 
its Code Authority, has availed itself of provisions in Article XV 
of the Code of Fair Competition for the Leather Industry approved 
by you on the seventh day of September, 1933, which recites in part: 

" It is contemplated that from time to time supplementary pro- 
visions to this Code or additional codes will be submitted for the 
approval of the President to prevent unfair competition in prices 
and other unfair and destructive competitive practices and to effec- 
tuate the other purposes and policies of Title I of the National In- 
dustrial Recovery Act consistent with the provisions hereof." 

RESUME OF MODIFICATIONS 

I. The revision of Article II is the addition of specific definitions 
covering the various sub-divisions of the Industry, as provided for 
in Article X. 

II. The revision of Article XIV — Trade Terms — is a liberaliza- 
tion of the trade terms. It was predicated upon the recognition of 
a situation which involved the smaller producers in the Industry 
and the smaller consumers of leather. Tliese modifications were 
presented after several conferences between the Code Authority of 
this Industry and that of the Boot and Shoe Manufacturing Indus- 
try, which Industry purchases approximately eighty-five (85) per 
cent of the output of the Leather Industry. The Amendment here- 
in proposed was drafted and mutually agreed upon by the above 
mentioned Code Authorities in accordance with the expressed policy 
of the Administration of the NRA. 

III. The addition of a new article, to be known as Article XVI, 
brings into effect certain trade practices which were deemed neces- 
sary and found lacking in the Code as it stands. 

IV. The addition of this paragraph of Article IV, Section S, 
affords protection from wage reductions for those employees re- 
ceiving above thirty (30) dollars per week and less than forty-five 
(45) dollars, which class has been without protection to this time. 

(310) 



311 

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

We find that: 

(a) The Amendments to the 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 j)urpose 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, b}' promoting the fullest possible utilization 
of the present productive capacity of the industries, by avoiding un- 
due restrictions of production (except as may be temporarily re- 
quired), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry, 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation 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 Tanners Council to present the afore- 
said modifications 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 Deen deprived of the right to be heard prior to approval of 
said Amendments. 
Respectfully, 

i^ATiONAL Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 3, 1934. 



93080 — 34 15 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LEATHER INDUSTRY 

I. To modify Article II of the Code of Fair Competition for the 
Leather Industry by adding the following to the first paragraph of 
said article: 

" The ' leather industry ' is hereby classified into the following 
divisions : 

" Bag Case and Strap. — Tanners of leather made from cattle hides 
of various types for the manufacture of traveling bags, luggage and 
strap leather for various purposes. 

" Calf and Kip. — Tanners of leather made from calfskin and 
cattle hides largely for the manufacture of shoes. 

^'' Fancy. — Tanners of leather made from various types of hides 
and skins of animals, including reptilian leathers, suitable for fancy 
articles such as pocketbooks, suit-cases, handbags, etc. 

" Goat and Cahretta. — Tanners of leather from goatskins and 
cabretta skins, mainly suitable for shoe purposes. 

" Harness and Collar. — Tanners of leather from cattle hides suit- 
able for horse equipment. 

" Sheep and Glove. — Tannei^ of sheep skins suitable largely for 
garments, gloves and shoe linings; also hat and capsweat leathery 
as produced by the National Hat and Capsweat Leather Association. 

" Sole and Belting. — Tanners of leather made from cattle hides 
for the manufacture of shoes and industrial belting. 

" Upper ^ East, West. — Tanners of leather, including japanners 
(finishers), largely made from cattle hides and kips (small cattle 
hides) suitable for the manufacture of shoes. 

" Upholstery. — Tanners of cattlehide leather suitable for use in 
the manufacture of furniture, automobiles, etc. 

'■''Leather Belting Division. — Manufacturers of industrial belting, 
lace leather and leather laces, miscellaneous straps, packings (hy- 
draulic and otherwise) and mechanical leathers (wholly or prin- 
cipally of leather) for use on industrial machinery, excluding such 
leathers that a machinery manufacturer may produce for use on 
equipment of his own manufacture. 

" Cut Soles. — Tanners and/or cutters and producers of leather 
soles used in the manufacture of shoes. 

" Welting. — Tanners and manufacturers of welting leather and/or 
leather welting used in the manufacture of shoes. 

" Grain Insoles., Counters., Fox Toes and Heels. — Tanners and/or 
manufacturers of leather used in these products and/or manufac- 
turers of these products themselves used in the manufacture of shoes. 

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

(312) 



I 



313 

II. To substitute the following for Article XIV of the Code of Fair 
Competition for the Leather Industry : 

"A. All invoices covering domestic sales in the leather industry 
including sales of labor or contract work, shall, except as noted 
below under paragraph C, be due and payable in thirty (30) days; 
thereafter shall be payable net, with interest at the legal rate, not to 
exceed six per cent (6%) per annum. 

" B. Discount shall be for payment in cash only and shall not 
exceed two per cent (2%). No seller may anticipate discount by 
invoicing at an equivalent net price any class of leather which he 
customarily sells subject to discount. No datings shall bo given.. 

" C. The following exceptions may be made at seller's option : 

" 1. Buyer may be granted privilege of payment on or before the 
10th of the following month for all invoices dated from the 1st to the 
15th inclusive, and on or before the 25th of the following month 
for all invoices dated from the 16th to the last day of the month. 
This privilege may be granted only on a permanent basis ; it shall not 
be extended from time to time as may be to advantage of buyer. 

'' 2, Seller may permit anticipation at not to exceed six per cent 
(6%) per annum on bills paid prior to due or discount date. Where 
privilege of payment on or before the 10th or the 25th is granted, 
for purposes of anticipation all invoices of the 1st to the 15th, in- 
clusive, shall be considered as dated the 10th of the month of charge, 
and all invoices from the 16th to the last day of the month shall be 
considered as dated the 25th of the month of charge. 

" 3. Seller may grant three calendar days of grace during which 
discount may be allowed, and during which no interest shall be 
charged, provided payment is made within this three calendar day 
period. 

"4. Where terms of 2% 30 days or 2% 10th or 25th proximo are 
granted, seller may permit payment in sixty (60) days from invoice 
date with discount not to exceed one per cent (1%). After sixty 
(60) days from date of invoice such bills shall be due and payable 
net and interest shall be added as provided under Paragraph A. 

" D. Forward Orders shall be booked only under the terms of a 
Uniform Sales Contract, the conditions of which shall have been 
approved by the Administrator. 

" E. None of the provisions of Article XIV shall apply to the 
Leather Belting Division except on leather sold in competition with 
other divisions of the Leather Industry." 

III. A new article to the Code of Fair Competition for the Leather 
Industry, to be known as Article XVI and entitled " Trade Prac- 
tices ", shall contain the following provisions : 

"A. Any alteration, adjustment or cancellation of a sales contract 
or conditions of sale may be reported, with the facts pertinent thereto, 
to the Divisional Planning Committee, or, if the Division so elects, 
to the Trade Practice Committee. 

" B. A signed uniform sales contract as provided in Article XIV, 
paragraph D, of the code, or the immediate dispatch by seller to 
buyer of confirmation of sale conforming to the conditions of that 
contract, shall be required on all orders, except orders filled by an 
immediate single shipment, on which the invoice itself shall be suffi- 



L 



314 

cient confirmation. The terms and conditions of sale shall appear 
on all such invoices. 

" C. No order shall be accepted unless it accurately designates 
quantities, grades, weights and prices with the final and ultimate 
date of delivery. 

" D. No goods except bona fide samples as determined by each 
Divisional Planning Committee shall be sent on memorandum or 
consigned to other than a bona fide selling agent or subsidiary organ- 
ization of the seller. 

" E. All invoices shall be dated as of date of shipment or of 
floor delivery, and shall describe accurately the merchandise shipped. 

" F. None of the provisions of this Article shall apply to the 
Leather Belting Division, except on leather sold in competition with 
other divisions of the Leather Industry." 

IV. Article IV, Section 3, to be amended by the addition of the 
following paragraph : 

"A. On and after October 1, 1934, no emplo^^ee (other than those 
listed in paragraphs (a) and (c) of Section 2, Article VI) receiv- 
ing on April 1, 1933, for the standard work week, between $30. and 
$45. per week shall receive less per piece or hour than he received 
on April 1, 1933." 

Approved Code No. 21 — Amendment No. 2. 
Registry No. 930—1—01. 



Approved Code No, 197 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL FARM EQUIPMENT TRADE 

As Approved on October 3, 1934 



ORDER 



Approving Amendment of the Code of Fair Competition for the 

Retail Farm Equipment Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Retail Farm Equipment 
Trade, and a Notice of Opportunity to be Heard having been duly 
given thereon and the annexed report on said amendment, contain- 
ing findings with respect thereto, having been made and directed to 
the President ; 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 0859. dated September 27, 1934, and otherwise? 
does hereby incorporate, by reference, said annexed report and does 
find tliat said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and will 
))romote the polic}'^ and purposes of said Title of said Act, and does 
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. 

National Industrial Recovery Board. 
By G. A. Lynch, Administrative OiJicer. 

Approval recommended : 
Robert L. Houston, 

Division Administrator. 



Washington, D. C, 

October 3, 193 J^. 



(315) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Retail Farm Equipment Trade which empowers the 
National Industrial Recovery Board to appoint not to exceed seven 
additional members of the Trade, preference being given to members 
of the Trade in the Southern States, who are non-members of the 
constituent associations of the Federation, each member to have 
equal vote. These additional members, so appointed, are to serve 
on the Code Authority together with the other members elected in 
accordance with the provisions of the Code. 

This amendment is proposed as a modijfication of Article IV, para- 
graph (b), and is amendment number two to the Code. An appor- 
tunity to be heard has been accorded all interested parties. 

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

We find that : 

(a) The amendment to said code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible 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 w^ith the perti- 
nent provisions of said Title of said Act, including without limita- 
tion subsection (a) of Section 3, subsection (a) of Section 7 and sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Trade as a whole. 

(d) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(316) 



317 

(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 we have approved this amendment. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Offtcer. 
October 3, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOB 
THE EETAIL FARM EQUIPMENT TRADE 

The second sentence of paragraph (b) Article IV, is hereby deleted 
and the following substituted therefor : 

The Central Code Authority shall consist of one member from 
each constitutent association of the Federations of Implement Deal- 
ers' Associations of the United States of America, to be elected by 
the respective Associations, each member to have equal vote. The 
National Recovery Administration shall appoint not to exceed seven 
additional members of the Trade, who are non-members of the con- 
stituent associations of the Federation, each member to have equal 
vote, preference being given to members of the Trade in the Southern 
States. 

Approved Code No. 197 — Amendment No. 2. 
Registry No. 1303-07. 

(318) 



Approved Code No. 201A — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

UPHOLSTERY AND DECORATIVE FABRICS TRADE 

As Approved on October 3, 1934 



ORDER 



Approving Amendment of SurrLEMENTART Code of Fair Competi- 
tion FOR the Upholstery and Decorative Fabrics 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, 193'3, for approval of an amend- 
ment to a Supplementary Code of Fair Competition for the Up- 
holstery and Decorative Fabrics Trade, and hearings having been 
duly held thereon and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Order 0859. dated September 27, 1984, 
and otherwise, does hereby incorporate by reference, said annexed 
report and does find that said amendment and the Supplementary 
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 does 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, such approval 
and such amendment to take effect ten days from the date hereof, 
unless cood cause to the contrarv is shown to the National Industrial 
Recovery Board before that time and a subsequent order to that 
effect is issued. 

Naitonal Industrial Reconvert Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Robert L. Houston, 

Division Adininistrator. 



Washington, D. C, 

October 3, 193^. 



(319) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the amendments of the Supplementary- 
Code of Fair Competition for the Upholstery and Decorative Fab- 
rics Trade as approved by me on March 6, 1934. Applications were 
made under date of July 20, 1934, by the Divisional Code Authority 
for the Upholstery and Decorative Fabrics Trade, for amendment 
of the provisions of Article III, Section 2. 

The amendments were drawn up and proposed in accordance with 
Executive Order No. 6678, dated April 14, 1934, and with the Legal 
Division's suggested wording for such amendments. It is intended 
that these amendments are to govern the collection of assessments for 
code administration. 

These amendments do not in any way affect the labor provisions 
of the Supplementary Code or anything other than assessment for 
expenses of code administration. 

The Deputy Administrator in his final report to us on said amend- 
ments to said Supplementary Code having found as herein set f orth^ 
and on the basis of all the proceedings in this matter ; 

We find that: 

(a) The amendments to said Supplementary Code and the Sup- 
plementary 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 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 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 improving standards of labor, and by otherwise rehabili- 
tating 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) of 
Section 7, and Subsection (b) of Section 10 thereof. 

(c) The amendments and the Supplementary Code as amended are 
not designed to and will not permit monopolies or monopolistic 
practices. 

(320) 



321 

(d) 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. 

(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, we have approved these amendments to the 
Supplementary Code of Fair Competition for the Upholstery and 
Decorative Fabrics Trade. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 3, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE UPHOLSTERY AND DECO- 
RATIVE FABRICS TRADE 

A DIVISION OF THE WHOLESALING AND DISTRIBUTING TRADE 

A new section to be known as Article III, Section 2 of the Sup- 
plementary Code of Fair Competition for the Upholstery and 
Decorative Fabrics Trade shall be added to read as follows : 

2. (a) It being found necessary in order to support the adminis- 
tration of this Supplementary 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 : 

(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 Supplementarj'^ 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 neces- 
sary 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 
contributions 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 
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 obligations 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 n improved budget, except upon ap- 
proval of the Administrator; and no subsequent budget shiiU 
contain any deficiency item for expenditures in excess of prior 
budget estimates except those which the Administrator shall have 
so approved. 

Ai)provecl Code No. 201A — Amendment No. 1. 
Rcffi.slry No. 280-03. 

(322) 



Approved Code No. 84Q — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

ADVERTISING METAL SIGN AND DISPLAY 
MANUFACTURING INDUSTRY 

As Approved on October 5, 1934 



ORDER 



Approving A:srEXDMEXT of Supplementary Code of Fair Competi- 
tion FOR the Advertising Metal Sign and Display Manufac- 
turing 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 Indus- 
trial Recovery Act, approved June 16, 1933, for approval of an 
amendment to a Supplementary Code of Fair Competition for the 
Advertising Metal Sign and Display Manufacturing Industry, and a 
Notice of Opportunity to be Heard having been duly given thereon 
and the annexed report on said amendment, containing findings with 
resjoect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, The National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
find that said amendmer.t and the Supplementary 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 does hereby order that said amendment be and it is 
hereby approved, and that the previous approval of said Supple- 
mentary Code is hereby amended to include an approval of said 
Supplementary Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington. D. C, 

Octoher 5, 193^. 

(323) 



Heport to the president 

The President, 

The White House. 

Sir : An application has been duly made pursuant to ami in full 
compliance with the provisions of the National Industrial Elecovery 
Act for an amendment of Article IV of the Supplementary Code of 
Fair Competition for the Advertising Metal Sign and Displa;y Manu- 
facturing Industry by the Supplementary Code Authority for that 
Industry, 

The Supplementary Code of Fair Competition for the Advertising 
Metal Sign and Display Manufacturing Industry was approved on 
April 20, 1934. Article IV, Section 5 provides that : 

" Members of the Industry shall be entitled to share the benefits 
■of the activities of the Supplementary Code Authority and to par- 
ticipate in the selection of tlie members thereof by assenting to and 
■complying with the requirements of this Supplementary Code and 
sustaining their reasonable share of the expenses of its administra- 
tion. Such reasonable share of the expenses of administration shall 
fce determined by the Supplementary Code Authority subject to 
review by the Administrator, on the basis of volume of business 
And/or such other factors as may be deemed equitable." 

Article IV, Section 8 (d) provides that: 

" To cooperate with the Administrator in regulating the use of 
the N. R. A. insignia solely by those employers who have assented 
to and are complying with this Supplementary Code." 

Article IV, Section 8 (g) provides that: 

^' To secure from members of the Industry an equitable and pro- 
portionate payment of the reasonable expenses of maintaining the 
Supplementary Code Authority and its activities." 

The above sections of Article IV in effect provide for voluntary 
contributions on the part of the members of the Industry. This 
method of providing funds for the proper administration of the 
Supplementary Code has been found to be unsatisfactory. The 
present amendment is therefore proposed to create a legal obligation 
on the part of the Industry members to pay their pro rata share of 
the expenses of the Supplementary Code Authority. 

FINDINGS 

The Assistant Deputy Administrator, in his final report to The 
National Industrial Recovery Board on said amendment of saidl 
Code, having found as herein set forth and on the basis of all thej 
proceedings in this matter : 

It finds that : 

(a) The amendment of said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I o\ 
the National Industrial Recovery Act including the removal oi 

(324) 



325 

obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and all provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
comj>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 consumjDtion 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 provisions of said Title of said Act, including without limi- 
tation Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(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, it has approved this amendment. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 5, 1934. 



AMENDMENT TO SUPPLEMENTAE Y CODE OF FAIR COM- 
PETITION FOR THE ADVERTISING METAL SIGN AND 
DISPLAY MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PKODUCTS MANUFACTUKING AND 
METAL FIKISHING AND METAL COATING INDUSTRY 

Amend Article IV by deleting Section 5, Section 8 (d) and Section 
8 (g) and substituting in place thereof the following: 

Section 5. (A) It being found necessary in order to support the 
admini,stration of this Supplementary Code and to maintain the 
standards of fair competition established hereunder and to effectu- 
ate the policy of the Act, the Supplementary 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 purpo,ses of the Supplementary 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, or in the name of the Treasurer. 

(B) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Supple- 
mentary Code Authority, determined as hereinabove provided, and 
subject to rules and regulations pertaining thereto issued by the Ad- 
ministrator. Onl}^ members of the Industry complying with the 
Supplementary Code and contributing to the expenses of its adminis- 
tration 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. 

(C) The Supplementary Code Authority shall neither incur nor 
pay any obligation substantiall}'^ 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 ap- 
proval of the Administrator; and no subsequent budget shall contain 

(326) 



327 



any deficiency item for expenditures in excess of prior budget esti- 
mates except thote which the Administrator shall have so approved. 
Amend Article IV, Section 8 by renumbering Subsection (e) to 
read Subsection (d) and renumbering Subjection (f) to read Sub- 
section (e). 



Approved Code No. 84Q — Ampodment No. 1. 
Kegibti-y No. 1702-2-06. 



93080—34 16 



Approved Code No. 238 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FAN AND BLOWER INDUSTRY 

As Approved on October 5, 1934 



OKDER 



Approving Amendment of the Code op Fair Competition for the 

Fan and Blower Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Fan and Blower Indus- 
try, and opportunity to be heard having been noticed to all interested 
parties, and the 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise ; 
does hereby incorporate, by reference, said annexed report and does 
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 
does hereby order that said amendment be and it is hereby approved, 
provided that Article VI, Section 1 (c) 4, page 582 of said code, be 
and it is hereby deleted, and that the previous approval of said Code 
is hereby amended to include an approval of said Code in its 
entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

Octoher 5, 1934. 

(329) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment of the Code of Fair Com- 
petition for the Fan and Blower Industry, as revised after notice of 
opportunity to be heard, published August 13, 1934, in accordance 
with Article IX, Section 2 (a) of said Code as approved on January 
30, 1934. 

The amendment, which includes assessment provisions, will im- 
prove the Administration of this Code. 

FINIJINGS 

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

We 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 pract'ces, 
by promoting the fullest possible utilization of the present productive 
capacity of industries, by avo'ding undue restriction of production 
(except as may be temporarily required), by increasing the con- 
sumption of industrial and agricultural products through increasing 
purchasing power, by reducing and relieving unemployment, by im- 
proving standards of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including w'thout limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) Tlie 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 op- 
erate to discriminate against them. 

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

For these reasons, the Board has approved this amendment. 
Respectfully, 

National Industrial Reco\'ery Board, 
By G. A. Lynch, Administrafive Officer. 

(330) 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 
THE FAN AND BLOWER INDUSTRY 

Pursuant to Article IX, Section 2 (a) of the Code of Fair Com- 
petition for the Fan and Blower Industry, duly approved by the 
President on January 30, 1934, and further to effectuate the policies 
of Title I of the National Industrial Recovery Act, the following 
amendment is established as a part of said Code of Fair Competition 
and shall be binding upon €very member of the Fan and Blower 
Industry. 

Article IX — General Provisions 

Amend Article IX, by deleting Subsection (c). Section 2, and 
inserting three (3) new Subsections lettered (c), (d), and (e) to 
read as follows : 

(c) 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 nui}' 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 a})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. 

(d) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the Industry complying with the Code and contributing 
to the expenses of its administration as hereinabove provided, 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. 

(e) 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 

(.'^31) 



332 

contained in the api^roved 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. 238 — Amenduient No. 1 
Registry No. 1304-03. 



i 



Approved Code No. 104 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LIQUEFIED GAS INDUSTRY 

As Approved on October 5, 1934 



ORDER 



Appro\t;ng Amendment of Code of Fair Competition for the 

Liquefied Gas 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 Liquefied Gas Industry, 
and an opportunity to be heard having been duly afforded all inter- 
ested parties, 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby incorporate by reference, said annexed report and does 
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 
does 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 
National Industrial Recovery Board before that time and a subse- 
quent order to that effect is issued. 

National Industrial Recovery Board, 
By G. A. Lynch, Adtiiinistrative OiJicer. 

Approval recommended: 
Robert L. Houston, 

Division AdTninistrator. 

Washington, D. C, 

October 5, 193k. 

(333) 



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 Liquefied Gas Industry. Said amendment is to be 
substituted for Article V, Section 5, and empowers the Code Au- 
thority to make collection of expenses of code administration from 
the members of the Industry. 

Notice of Opportunity to be Heard has been issued to all inter- 
ested parties; and no objections have been filed against the pro- 
posed amendment. 

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

We find that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest poss 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 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 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 op])ress small enterprises and will not 
operate to discriminate against them. 

(e) Those engaged in otlier steps of the economic process have 
not been deprived of the right to be heard prior to approval of 
said amendment. 

For these reasons we have approved this amendment. 
Respectfully, 

National Industrial. Recovery Board, 
By G. A. Lynch, Adminhtrative Oificer. 
October 5, 1934. 

(334) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LIQUEFIED GAS INDUSTRY 

Modify Article V, Section 5, by deleting and substituting in lieu 
thereof the following: 

Section 5. (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 (Emergency National Committee) 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 us hereinafter provided and which 
shall be held in trust for the purposes of the Code; 

(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
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 liave been ap- 
proved by the National Industrial Recovery Board, 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 pro- 
ceedings therefor in its own name. 

(2) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity (Emergency National Committee) determined as hereinabove 
provided, and subject to rules and regulations pertaining thereto 
issued by the National Industrial Recovery Board. Only members 
of the Industry complying with the Code and contributing to the 
expenses of its administration as hereinabove ])rovided, unless duly 
exempted from making such contribution, shall be entitled to par- 
ticipate in the selection of members of the Code Authority (Emer- 
genc}'^ National Committee) 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. 

(8) The Code Authority (Emergency National Committee) sliall 
neither incur nor pay any obligation substantially in excess of the 
amount thereof as estimated in its opproved budget, and shall in no 
event exceed the total amount contained in the approved budget, ex- 
cept up(m approval of the National Industrial Recovery Board; and 
no subsecjuent budget shall contain any deficiency item for expendi- 
tures in excess of prior budget estimates except those which the 
National Industrial Recovery Board shall have so approved. 

Approved Code No. 104 — Amendment No. 1. 
Registry No. 711-23. 

i. (335) 

P 



Approved Code No. 127 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

REINFORCING MATERIALS FABRICATING 

INDUSTRY 

As Approved on October 5, 1934 



ORDER 



AppR0^^xG Amendment to Code of Fair Competition for the 
Reinforcing Materials Fabricating Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Reinforcing Materials 
Fabricating Industry, and opportunity to be heard having been given 
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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27th, 1934, and other- 
wise; does hereby incorporate by reference, said annexed report and 
does 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 does hereby order that said amendment be and it is hereby ap- 
proved, and that the previous approval of said Code is hereby modi- 
fied to include an approval of said Code in its entirety as amended, 
such approval and such amendment to take effect fourteen (14) days 
from the date hereof, unless good cause to the contrary is shown to 
the National Industrial Recovery Board before that time and the 
Board issues a subsequent order to that effect; provided, however, 
that Section 5 of Article V be deleted in its entirety and a new Sec- 
tion 5 of Article V be inserted which is as follows : 

" Sec. 5. The expenses and reserves which shall be assessed against 
each member of the Industry shall be based on the proportion which 
the value of shipments of reinforcing materials of such member 

(337) 



338 



bears to the total value of shipments of reinforcing materials of 
all members of the Industry in the same current accounting period 
as determined by the Board of Directors." 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Oificer. 



Approval recommended: 
Walter G. Hooke, 

Acting Division Administrator. 

Washington, D. C, 

October 5, 193^. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An application has been duly made pursuant to and in full 
comprance with the provisions of the National Industrial Recovery 
Act, for amendment to the Code of Fair Competition for the Rein- 
forcing Materials Fabricating Industry, submitted by the Code 
Authority for said Industry. 

The purpose and effect of the deletions and amendment as sub- 
mitted are to revise the Code in conformity with the standard re- 
quirements for control by the Admhiistration of the action of the 
Code Authority, and for the insertion in the Code of the standard 
mandatory clauses for the basis of assessment and contribution. 

FINDINGS 

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

It is found 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 prac- 
tices, by promoting the fullest possible utilization of the present 
productive capacity of the industries, by avoiding undue restriction 
of production (except as may be temporarily required), by increas- 
ing the consumption of industrial and agi-icultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabili- 
tating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
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. 

(339) 



340 

(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, said amendment is hereby approved. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Oificer. 

October 5, 1934. 



') 






AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
REINFORCING MATERIALS FABRICATING INDUSTRY 

Delete in Executive Order the following words : 

" provided that the following be added as section 8 of article V 
of the code. 

" ' The Board of Directors shall have the powers and duties else- 
where provided in this code, subject to the right of the Adminis- 
trator, on review, to disapprove or modify any action taken by the 
Board of Directors '." 

Delete section 8 of article V in its entirety, which is as follows : 

" Sec. 8. The Board of Directors shall have the powers and duties 
elsewhere provided in this code, subject to the right of the Adminis- 
trator, on review, to disapprove or modify any action taken by the 
Board of Directoi's." 

Insert as new section 8 of article V the following : 

" Sec. 8. If the National Industrial Recovery Board 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 National Industrial Recovery Board 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 
National Industrial Recovery Board approves or unless it shall fail 
to disapprove after thirty days' notice to it of intention to proceed 
with such action in its original or modified form." 

Insert at end of article V the following as sections 9, 10 and 11 : 

" Sec. 9. It being found necessar;^ 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 National Industrial Recovery Board for 
its approval, subject to such notice and opportunity to be heard a& 
it may deem necessary (1) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (2) an equitable basis upon 
which the funds necessary to support such budget shall be con- 
tributed by members of the Industry; 

"(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, 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 pro- 
ceedings therefor in its own name. 

(341) 



342 

" Sec. 10. 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 pertain'ng thereto issued by the National Industrial 
Recovery Board. 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 expenses of its administration as 
hereinabove provided, unless duly exempted from making such con- 
tributions, 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 nuike use of any emblem or insignia of the 
National Recovery Administration. 

" Sec. 11. The Code Authority shall neither incur nor pay any obli- 
gation 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 
National Industrial Recovery Board; and no subsequent budget shall 
contain any deficiency item for expenditures in excess of prior budget 
estimates except those which the National Industrial Recovery Board 
shall have so approved." 

Approved Code No. 127 — Amendment No. 1. 
Registry No. IIIS-OS. 



Approved Code No. 9 — Amendment No. 23 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on October 6, 1934 



ORDER 



Approvixg Amexdmext to the Code of Faie Competition for the 
Lumber axd Tembee Products Ixdustet 

An application having been duly made pursuant to and in full 
compliance ^vitli 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 Lumber and Timber 
Products 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 : 

XOW, THEREFORE, on behalf of the President of the United 
States, the Xational Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order Xo. 6859, and otherwise: does hereby incorporate, 
by reference, said annexed report and does find that said amendment 
and the Code as constituted after being amended complv in all re- 
spects with the pertinent provisions and will promote the policy and 
purposes of said Title of said Act, and does hereby order that said 
amendment be and it is hereby approved, and that the previous ap- 
proval of said Code is hereby amended to include an approval of said 
Code in its entiretv as amended. 

PROVIDED, FURTHER, that this Order shall become effective 
four (4) days after the date hereof, subject, however, to suspension 
or modification on good cause shown by any interested parties within 
fifteen (15) days of the effective date hereof. 

Xatioxal Industrial REC0^•ERY Board, 
By G. A. Ltx'ch, Administrative O^Jicer. 

Approval recommended: 
^Y. p. Ellis. 

Acting Division Administrator. 

Washix-qtox. D. C. 

October 6. 193^. 

93080—34 17 (34.3) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: Under the Code of Fair Competition for the Lumber and 
Timber Products Industries, as approved by you on August 19, 1933, 
the Lumber Code Authority has submitted its Amendment, which is 
included and attached. 

This is a report of the Hearing on the foregoing Amendment con- 
ducted March 27 to 30, 1934, in Washington, D. C, in accordance 
with the provisions of the National Industrial Recovery Act. 

This Amendment purports to further restrict the transfer of pro- 
duction allotments and is necessitated by the fact that in the past 
transfers have been too freely given, resulting in an unfair advantage 
to some producers and augmenting of inventories which were already 
much too large. Article VIII of the Lumber and Timber Products 
Industries Code has limited production in the Industry, but despite 
this, the inventories of many mills have been built up resulting in 
stocks which are unnecessarily large. This Amendment permits the 
Lumber Code Authority to maintain a greater control over produc- 
tion and at the same time eliminates abuses which have existed under 
administration of the Code as now written. 

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

We find that: 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible 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 industrv. 

(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 hereof, 

(c) The Code empowers the Code Authority to present the afore- 
said Amendment on behalf of the industry as a whole. 

(344) 



\ 



345 

(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 wdl 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 tliese reasons, therefore, we have approved this Amendment 
to the Code. 

Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 6. 1934. ' 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 
THE LUMBER AND TIMBER PRODUCTS INDUSTRY 

In Article VIII (g), strike out the last sentence and substitute 
therefor the following: 

"Allotments shall not be cumulative except as authorized in spe- 
cific cases under Section (d) (1) of this Article, or in cases of sea- 
sonal operations of a division or subdivision under Section (d) (2) 
of this Article, and shall not be transferable except that upon appli- 
cation, the administrative agency of a division or subdivision, if it 
shall find that the nontransferability of an allotment causes or will 
cause an undue hardship in any particular case, and if it shall find, 
further, that the limitations hereinafter set forth upon the exercise of 
its authority do not exist, may authorize, under such equitable con- 
ditions and limitations as it shall determine, the transfer of allot- 
ments between operations under the same ownership within the same 
division or subdivision, provided that such authorization shall not 
become effective for a period of fifteen (15) days after the date 
thereof, and provided, further, that such authorization, together with 
the findings of fact of said agency shall be transmitted on the date 
thereof to the Authorit}^ and the National Recovery Administra- 
tion, and provided further, that such authorization shall be subject 
to appeal by any interested party as provided in Article XVII 
hereof. No division or subdivision agency shall authorize the trans- 
fer of any allotment: (1) from a mill or factory acquired after the 
effective date hereof until such mill shall have been operated in good 
faith for six consecutive months by the new owner; (2) from one 
mill to another unless the species ordinarily produced by both are 
substantially the same; or (3) from any mill, the greater part of 
whose product may, under the provisions of Article IX, Section (a), 
Subsection 2 of this Code, be sold at prices less than the approved 
reasonable costs for the division or subdivision, except from a mill 
of the same class," 

Approved Code No. 9 — Amendment No. 23. 
Registry No. 313-1-06. 

(346) 



Approved Code No. 362 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PHOTOGRAPHIC AND PHOTO FINISHING 

INDUSTRY 

As Approved on October 6, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Photographic and Photo Finishing 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 Photographic and 
Photo Finishing Industry, and an opportunity to file objections hav- 
ing been given, and hearings having been duly held thereon and the 
annexed report on said amendment, containing findings with respect 
thereto, havinir been made and directed to the President : 

NOW. THERFORE. on behalf of the President of the United 
States, The National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Order of the President, dated Septem- 
ber 27, 1934, and otherwise; does hereby incorporate, by reference, 
said annexed report and does 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 does 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. 

National Industrial Reco\tery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
KiLBouRNE Johnston. 

Divh'ion Administrator. 



\ 



Washington, D. C, 

October 6, 193^. 

(347) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Code Authority for the Photographic and Photo Finish- 
ing Industry submitted on August 10, 1934 a request for the amend- 
ment of their Code to incorporate therein the provisions governing 
the mandatory collections of expenses of the maintenance of the 
Code Authority, 

Such an amendment involves a change in five parts of Article VI, 
the purpose of four of these changes being to modify the current 
provisions of the Code to conform to the standard provisions gov- 
erning the said mandatory assessments, the fifth being the substitu- 
tion of the standard provisions. 

On September 7, 1934 Notice of Opportunity to file criticisms, 
objections, or suggestions concerning said amendment was issued. 
The only reply received was given careful consideration. 

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

It is found 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 pres- 
ent productive capacity of industries, by avoiding undue restriction 
of production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, bj^^ reducing and relieving unemploy- 
ment, by improving standards of labor, and b}^ otherwise rehabili- 
tating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Secton 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. 

(348) 



349 

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

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

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

National Industrial Recovery Board, 
By G. A. Lynch, Administrative O-fftcer. 
October G, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
PHOTOGRAPHIC AND PHOTO FINISHING INDUSTRY 

Item No. 1. Delete in second line of Subsection (a) of Section 2 
of Article VI, the words, " Section 5 ", and substitute therefor the 
words, " Subsection (g) of Section 6 ", the first sentence to read 
as follows : 

(a) Each member of the Industry who qualifies as specified in 
Subsection (g) of Section 6 of this Article, shall have one (1) vote 
(such vote to be in the Division in which he is principally engaged) 
in the nomination and election of the Photographic Regional Board 
for the Region in which his business is located. 

Item No. 2. Delete entire Section 5 of Article VI. 

Item No. 3. Substitute for the present titular number. Section 6, 
the titular number. Section 5. 

Item No. 4. Substitute for the present titular number. Section 7, 
the titular number. Section 6. 

Item No. 5. Delete entire Subsection (g) of Section 7, Article VI, 
and substitute therefor the following : 

(g) 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 J 

proper for the foregoing purposes, and to meet such " 
obligations out of funds which may be raised as here- 
inafter 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 equi- 
table basis upon which the funds necessary to support 
such budget shall be contributed by members of the 
industry. 

(c) After such budget and basis of contribution have been 

approved by the Administrator, to determine and obtain 
equitable contribution as above set forth by all members 
of the industry, and to that end, if necessary, to insti- 
tute legal proceedings therefor in its own name. 
2. Each member of the industry shall pa}^ 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 par- 

(350) 






351 

ticipate in the selection of members of the Code Authority or to 
receive the benefits of any of its vohmtary activities or to make use 
of any emblem or insignia of the National Recovery 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 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. 362 — Amendment No. 1. 
Registry No. 1650-17. 



I 



Approved Code No. 375 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ROOFING GRANULE MANUFACTURING AND 
DISTRIBUTING INDUSTRY 

As Approved on October 6, 1934 



ORDER 



Approm:ng Amexdmext to Code of Fair Competition for the 
Roofing Granule Manufacturing and Distributing 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 Roofing Granule Manu- 
facturing and Distributing Industr}^, and as contained in a Published 
Notice of Opportunity to be Heard, Administrative Order No. 375-6, 
dated August 28, 1934, and no objections having been filed as pro- 
vided in said Published Notice, and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said amendment 
and the Code as constituted after being amended complies in all 
respects with the pertinent i^rovisions and will promote the policies 
and purposes of said Title of said Act; and does 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. 

National Industrial Recovery Board, 
B}' G. A. Lynch, Administratwe Oificer. 

Approval recommended : 
W. P. Ellis, 

Acting Division Administrator. 

"Washington, D. C.. 

October 6, 193^. 

(353) 



REPORT TO THE PRESIDENT 

The President, 

The White Hou^e. 

Sir: An application having 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 Roofing Granule Manufacturing and Distributing Industry, 
submitted by the Code Authority for the Roofing Granule Manu- 
facturing and Distributing Industry. 

The purpose and effect of the amendment is 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 us on said amend- 
ment to said Code having found as herein set forth and on the basis 
of all the proceedings in this matter : 

We 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 
obstruction 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 competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of the 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 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. 

(354) 



355 

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

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

For these reasons, therefore, we have approved this amendment. 
Kespectfull}^, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 6, 1934. 



AMENDMENT TO CODE OF FAIE COMPETITION FOR THE 
ROOFING GRANULE MANUFACTURING AND DISTRIB- 
UTING INDUSTRY 

Amend Article VI, Section 9, by deleting Section 9 and substitut- 
ing in lieu thereof, the following : 

Section 9. It being found necessary in order to support the ad- 
ministration 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 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 exi^enses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the Administrator. Only members 
of the Industry complying with the Code and contributing to the 
expenses of its administration as hereinabove provided, unless duly 
exempted from making such contribution, shall be entitled to par- 
ticipate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

The Code Authority shall neither incur nor pay any obligation 
substantiall}'^ 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 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. 375 — Amendment No. 1. 
Registry No. 1036-05. 

(356) 



Approved Code No. 472 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WARM AIR REGISTER INDUSTRY 

As Approved on October 6, 1934 



ORDER 



Approvixg Amendment to Code of Fair Competition for the Warm 

Air Register 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 Warm Air Register 
Industry, and opportunity to be heard having been noticed to all 
interested parties, and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise ; 
does hereby incorporate, by reference, said annexed report and does 
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 does 
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. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Barton W. Murray, 

Division AdnvinistratoT. 

Washington. D. C, 

October 6, 1931 

(357) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : This is a report on the amendment to the Code of Fair Com- 
petition for the Warm Air Register Industry, as submitted by the 
Code Authority of said Industry. Notice of Opportunity to be 
Heard was published September 10, 1934, in accordance with Article 
VI, Section 11 of said Code, as approved June 28, 1934. 

The amendment, which includes additions to the definitions of 
said Code, will tend to make same more complete. 

FINDINGS 

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

We find that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of Industry for the purpose 
of cooperative action among trade groups, by inducing and maintain- 
ing united action of labor and management under adequate 
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 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 provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Sul)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 iDermit 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. 

(358) 



359 

(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 by us. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Oflcer. 
October 6, 1934. 



93080 — 34 IS 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WARM AIR REGISTER INDUSTRY 

PUEPOSE 

Pursuant to Article VI, Section 11 of the Code of Fair Competi- 
tion for the Warm Air Register Industry, duly approved by the 
President on June 28, 1934, and further to effectuate the policies of 
Title I of the National Industrial Recovery Act, the following 
amendments are established as a part of said Code of Fair Competi- 
tion and shall be binding upon every member of the Warm Air 
Register Industry. 

Article II — Definitions 

Amend Section 1 by inserting after the words, " furnace gratings," 
the words, " register bodies," so that the revised Section will read 
as follows: 

" 1. The term " Warm Air Register Industry " as used herein in- 
cludes the manufacturing and selling by manufacturers of air regis- 
ters, register faces, cold-air faces, floor borders, adjustable ventilators, 
intakes, wall frames, pipeless furnace gratings, register bodies, manu- 
factured of metal, for heating, cooling, or ventilating purposes, as 
described in Appendix A, and such branches or sub-divisions thereof 
as may, from time to time, be included under the provisions of this 
Code." 

Appendix A — Definitions of the Products of the Industry 

Amend Appendix A by adding at the end a new Section to read 
as follows : 

" Register body : A register body is the frame that attaches to the 
bottom of body of a register face, in which frame are suspended 
pivotal mobile louvres which are opened and closed with an opera- 
tive device either vertical wheel, slide, glide or other movement, or 
other manual opening and closing device, which register body when 
attached to the face constitutes a complete register. This register 
body as described may be either of steel, cast iron or other metal." 

Approved Code No. 472 — Amendment No. 1. 
Registry No. 1118-12. 

(360) 



Approved Code No. 250 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WIRE, ROD, AND TUBE DIE INDUSTRY 

As Approved on October 6, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the Wire, 

Rod, and Tube Die 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 Wire, Rod, and Tube 
Die 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, the National Industrial Recovery Board, pursuant to au- 
thority vested in it b}'^ Executive Orders of the President, including 
Executive Order 6859, and otherwise, does hereby incorporate by 
reference, said annexed report and does find that said amendment 
and the Code as constituted after being amended comply in all re- 
sj^ects with the pertinent provisions and will promote the policy and 
purposes of said title of said act, and does hereby order that said 
amendment be and it is hereby approved, and that the previous ap- 
proval of said Code is hereby amended to include an approval of said 
Code in its entirety as amended, such approval and such amendment 
to take effect 10 days from the date hereof, unless good cause to the 
contrary is shown to the National Industrial Recovery Board before 
that time and the National Industrial Recovery Board issues a sub- 
sequent order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C. 

Octoler <?, 193L 

(361) 



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 
Wire, Rod, and Tube Die Industry, submitted by the Code Authority 
for the said Industry. 

The existing provision of Article VI, Section 4 of the Code for said 
Industry, is entirely inadequate in view of Executive Order 6678 and 
Administrative Order X-36, and it is therefore evident that the pro- 
posed amendment to Article VI of said Code, the provisions of which 
follow closely the text of the above mentioned Orders, will overcome 
the existing inadequate provisions, 

FINDINGS 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Code having 
found as herein set forth and on the basis of all the proceedings in 
this matter: 

The Board finds 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 gen- 
eral welfare by promoting the organization of industry for the 
purpose of cooperatiA^e 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 b}^ otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(862) 



363 

(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, the National Industrial Eecovery 
Board has approved this amendment. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 6, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WIRE, ROD, AND TUBE DIE INDUSTRY 

Amend Article VI by deleting Section 4, Substituting therefor the 
following new Section 4; adding the following new Subsections A 
and B; and by deleting Subsections (f) and (g) of Section 6 and 
relettering Subsection (h) to read (f). 

Section 4. — It being found necessary in order to support the 
administration of this code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of the 
Act, the Code Authority is authorized : 

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

(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary (1) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (2) an equitable bagis upon 
which the funds necessary to support such budget shall be con- 
tributed by members of the Industry ; 

(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, 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 pro- 
ceedings therefor in its own name. 

Subsection 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 National Indus- 
trial Recovery Board. 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 selec- 
tion 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 Administration. 

Subsection 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 National Industrial Recovery Board; and no subsequent budget 
shall contain any deficiency item for expenditures in excess of prior 
budget estimates except those which the National Industrial Recovery 
Board shall have so approved. 

Approved Code No. 250 — Amendment No. 1. 
Registry No. 1399-37. 

(364) 



Approved Code No. 124 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOTION PICTURE INDUSTRY 

As Approved on October 8, 1934 



ORDER 



Approving Amendment ^f Code of Fair Competition for the 

Motion Picture 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 Motion Picture Industry, 
and the annexed report on said amendment containing findings with 
respect thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order 6859, dated September 27, 1934, and otherwise, does 
hereby incorporate by reference, said annexed report and does find 
that said amendment and the Code as constituted after being amended 
comph' in all respects with the pertinent provisions and will pro- 
mote the policy and purposes of said Title of said Act, and does 
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. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 

William P. Farnsworth, 

Acting Division Administrator. 

Washington, D. C, 

October 8, 1931 

(365) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the procedure followed by the National 
Recovery Administration in approving an amendment to the Code 
of Fair Competition for the Motion Picture Industry as approved 
on November 27, 1933, which indefinitely extends the period within 
which assents to this Code may be filed. 

The Code as originally approved provided that this assent must 
be filed within 45 days after the approval of the Code and/or 45 
days after engaging in the motion picture industry. 

Whereas, it has heretofore been necessary to extend the time for 
the filing of these complaints and whereas numerous exhibitors 
and/or distributors still wish to file an assent, this amendment is 
deemed necessary. This amendment was submitted by the Motion 
Picture Code Authority on behalf of the Motion Picture Industry 
on September 14, 1934. 

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

The Board finds 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 supervisions, 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 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 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 ^h^ 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. 

(366) 



367 

{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, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-jficer. 

October 8, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MOTION PICTURE INDUSTRY 

Amend Article VI, Part 2, Section 8 by deleting the following 
words : 

« * * * within forty-five (45) days after it is signed by the 
President of the United States, and/or forty-five (45) days after 
engaging in the motion picture industry, * * *." 

Approved Code No. 124 — Amendment No. 3. 
Registry No. 1639-03. 

(368) 



Approved Code No. 167 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SET UP PAPER BOX MANUFACTURING 

INDUSTRY 

As Approved on October 8, 1934 



ORDER 



Appro\'ikg Amendment to the Code of Fair Competition for the 
Set Up Paper Box 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 Set Up Paper Box Manu- 
facturing Industry, and hearing 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859 dated September 27, 1934, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
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 
does liereby 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, pro- 
vided that Section 6 of Article VIII be and it is hereby deleted. 

National Industrial RECo^^RY Board, 
By G. A. Lynch, Administrative Officm: 

Approval recommended : 
Joseph F. Battle y. 

Acting Division Administrator. 

Washington, D. C, 

October 8, 193Jf. 

(369) 



KEPOET TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on two amendments to the Code of Fair 
Competition for the Set Up Paper Box Manufacturing Industry 
which was approved by you December 18, 1933. 

Under the provisions of Article II Section 5, as amended, the Code 
Authority will be empowered to submit a budget and basis of assess- 
ment and contribution to code administration expense will be com- 
pulsory. 

The amendment to Article VI Section 5 will remove ambiguity 
of this section. 

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

It is found that : 

(a) The amendments of 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 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 amend- 
ments 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. 

(370) 



371 

(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, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 8, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
SET UP PAPER BOX MANUFACTURING INDUSTRY 

The Code of Fair Competition for the Set Up Paper Box Manu- 
facturing Industry is hereby amended as follows : 

1. By eliminating Section 5 of Article II and substituting therefor 
the following: 

5. It being found necessary in order to support the administration 
of this Code and to maintain standards of fair competition estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority, by itself and through its regional or local agencies, 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 this Code ; 

(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary (1) an itemized budget, for itself and such of 
its agencies as it may designate, of the estimated expenses of the 
Code Authority and its said agencies and (2) an equitable basis upon 
which the funds necessary to support such budget shall be con- 
tributed by members of the Industry ; 

(c) After such budget and basis of contribution shall have been 
approved by the National Industrial Recovery Board, 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) Each member of the Industry shall pay his or its equitable 
contribution to the expense of the maintenance of the Code Author- 
ity and of the maintenance of such regional or local agencies, in- 
cluded in the budget of the Code Authority, determined as herein- 
above provided, and subject to rules and regulations pertaining 
thereto issued by the National Industrial Recovery Board. Only 
members of the Industry complying with the Code and contributing 
to the expense 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. 

(e) Neither the Code Authority nor any regional or local agencj^ 
thereof shall incur or 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, 

(372) 



373 

except upon approval of the National Industrial Recovery Board; 
and no subsequent budget shall contain any deficiency item for ex- 
penditures in excess of prior budget estimates except those which the 
National Industrial Recovery Board shall have so approved. 

2. By striking out the words ' but not both ' in Article VI, Section 
5 of said Code. 

Approved Code No. 167 — Amendment No. 1. 
Registry No. 406-03. 



Approved Code No. 458 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE CONFECTIONERS' INDUSTRY 

As Approved on October 8, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Wholesale Confectioners' Industry 

An application having hi^vii duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act. aj^proved June IG, 1933, for approval of an amend- 
ment to Article IX of the Code of Fair Competition for the Whole- 
sale Confectioners* Industry, and opportunity to be heard having 
been afforded all members of said industry and any objections filed 
having been duly considered, and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made 
and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pui*suant to the 
authority vested in it by Executive Orders of the President, includ- 
ing Executive Order No. G859. and otherwise, does hereby incorpo- 
j-ate by reference said annexed report and does find that said amend- 
ment to Article IX and the Code as constituted after being amended 
comply in all respects with the })ertinent provisions and will promote 
tlie policy and ])urposes of said Title of said Act, and does hereby 
(jrder that said amendment be and it is hereby approved, and that 
the previous approval of said Code is hereby modified to include 
an approval of said Code in its entirety as amended, provided how- 
ever, that all stays now effective be continued. 

National Industrial Reco\-ery Board, 
By G. A. Lynch, Adminhtrative Officer, 

Approval recommended : 
Armin W. Riley, 

Division Admin istrator. 

Washington, D. C, 

October 8, 193.'^. 

93080—34 19 (STH) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on an amendment to Article IX (new Sec- 
tion 4) of the Code of Fair Competition for the Wholesale Confec- 
tioners' Industry, as approved after public hearino; conducted in 
Washington on June 6, 1934. 

The Deputy Administrator in his final report to us on said amend- 
ment having found as herein set forth and on the basis of all the 
proceedings in this matter; 

We find that: 

(a) The amendment of 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, and Avill secure and maintain 
greater compliance within the industiy. There are a great number 
of wagon jobbers and sub- jobbers in the industry who buy all or 
part of their merchandise from the service jobber. Although the 
Avagon jobbers and sub-jobbers form an important part of the indus- 
try, the majority of these have no established ])lace of business, as 
they operate out of a truck and store their merchandise in their 
homes. Under these conditions it is virtually impossible for the 
Code Authority to determine whether or not the members (if tlie in- 
dustry are complying with the provisions of the Code. The pro- 
posed amendment is intended to eliminate this difficulty and at the 
same time insure one-hundred per cent compliance from these mem- 
bers of the industry. 

(b) The Code as amended complies in all I'espects with the ]:)erti- 
rent provisions of said Title of said Act, including without limitation 
Subsection (a) of Section 3, Subsection (a) of Secticm 7 and Subsec- 
tion (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 Code empoAvers the Code Authority to present the afore- 
said amendment on behalf of the industry as a Avhole. 

(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 the amendment has been approved. 

National, Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 8, 1934. 

(376) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WHOLESALE CONFECTIONERS' INDUSTRY 

Amendment No. 1. — To further effectuate the policies of Title I 
of the Act: 

1. No member of the industry shall sell any goods, wares or mer- 
chandise (hereinafter called goods) or services used in the industry 
to another member of the industry who is not in full compliance 
with the Code of Fair Competition for this industry, provided that 
any member of the industry exercising due diligence in making such 
sale of goods or services, to comply with the provisions hereof, shall 
not be deemed in violation hereof. Delivery of a certificate of such 
member of the industry that he or it is complying in every particular 
with this Code, the display of the proper N. R. A. insignia or the 
publication in a newspaper or periodical of general circulation of 
such certificate of compliance or insignia, shall constitute a good and 
sufficient representation of compliance hereunder. 

2. No member of the industry shall make or cause to be presented 
or published any such representation which shall be false in any 
material particular. 

Approved Code No. 458 — Amendment No. 2. 
Rceistry 114-()4. 

(377) 



-I'J. 

souni 
iinh b 
doua ^1. 
Ilfirfa f\o 
jfioijg io 9 

9fiJ lo uiiro 
io aoiiiiUjoii 
baB f)oo;> b 9I 



'd 



beansgo'iq od o) 



Approved Code No. 254 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ATHLETIC GOODS MANUFACTURING INDUSTRY 

. As Approved on October 9, 1934 



ORDER 



Approving Amendment to Code of Fair CoMPETinoN for the 
Athletic Goods 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 Athletic Goods Manu- 
facturing Industry, and notice to file objections having been duly 
published thereon and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate, 
b}'^ reference, said annexed report and does 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 does 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, except that the second sen- 
tence of Section 6, Article VI is deleted inasmuch as it conflicts 
with the provisions of this amendment, 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 National Industrial Re- 
covery Board before that time and the National Industrial Recovery 
Board issues a subsequent order to that effect. 

National. Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
KiLBouRNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

October 9, 1934. ' • 

(379) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is an Amendment to the Code of Fair Competition for 
the Athletic Goods Manufacturing Industry, submitted by the Code 
Authority, and provides for a budget and basis of assessment for 
the purpose of suj)porting the Administration of this Code. 

Notice of Opportunity to be Heard was published July 11, 1934, 
and expired July 25, 1934, during which time no criticisms of, objec- 
tions to, or suggestions concerning this Amendment were received, 
excepting suggestions made by the various Advisory Boards to bring 
said Amendment in conformance with present policy. 

The Deputy Administrator in his final report to The National In- 
dustrial Recovery Board on said Amendment of said Code having 
found as herein set forth and on the basis of all the proceedings in 
this matter : 

It is found 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 co-operative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and re- 
lieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation subsection (a) of Section 3, subsection (a) of Section 7 and 
subsection (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The Amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(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. 

It is believed that this Amendment in its present form as ap- 
proved represents an effective, practical, equitable solution for this 
Industry and for these reasons this Amendment has been approved. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Adininistrdtwe Ojficer. 
October, 1934. 

(380) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ATHLETIC GOODS MANUFACTURING INDUSTRY 

Modification — Article VI 

Delete Subsection (g). Section 7, Article VI and insert in lieu 
thereof the following : 

(g) 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 equita- 
ble 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 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 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 Adminis- 
tration. 

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. 

Approved Code No. 254 — AmendmfMit No. 2. 
Registry No. 1&j7-1-04. 

(381) 



1. .;, 



Approved Code No. 296 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FLUTED CUP, PAN LINER AND LACE PAPER 

INDUSTRY 

As Approved on October 9, 1934 



ORDER 



Appromng Amendment to the Code of Fair Competition for the 
Fluted Cup, Pan Liner and Lace Paper Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I, of the National Industrial 
Recovery Act, approved June IG, 1933, for approval of amendments 
to a Code of Fair Competition for the Fluted Cup, Pan Liner and 
Lace Palmer Industry, and due notice and opportunity to be heard 
having been given thereon and the annexed report on said amend- 
ments, containing findings with respect thereto, having been made 
and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Indnstrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. G859, datod September 27, 1934, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
find that said amendments and the Code as constituted after being 
amended complies in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order th it said amendments be and are hereby approved, 
and that the previoi-; approval of said Code is hereby amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Joseph F. Baitley, 

Acting Dh'ision Administrator. 

Washington, D. C, 

October 9, 193 If . 

(383) 



•» -SlJ^i 



REPORT TO THE PRESIDEN T 

'J'he President, 

The Whife House. 

Sir: This is a report on the amendments to the Code of Fair Com- 
petition for the Fluted Cup, Pan Liner and Lace Paper Industry 
which was approved by you on February 17, 1934. 

The amendments to Article II are the standard Assessment Amend- 
ment, providing for compulsory contributions to Code administra- 
tion expense, and the standard provision establishing the legal 
relationship between members of the Code Authority and the extent 
of their liability. 

The purpose of the amendments to Article III is to reduce the 
averaging of hours for office, clerical and all other employees not 
included under other specific hour provisions, and to increase the 
number of employees wdiose woi'k Aveek is reduced to six (G) days 
in any seven (7) day period. 

The purpose of the amendments to Article V is to provide that 
employees now employed at a rate in excess of the minimum shall 
not be discharged and reemployed or replaced by other employees 
at lower rates, and that no employee shall be dismissed by reason 
of making complaint or giving evidence with respect to an alleged 
violation of the Code. 

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

It is found, 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 temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabilitat- 
ing industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
sub-section (a) of Section 3, sub-section (a) ai Section 7, and 
sub-section (b) of Section 10 thereof. 

(884) 



385 

(c) The Code empowers the Code Aiitliority to propose the amend- 
ments 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. 

National Industrial. Recovery Board, 
By G. A. Lynch, A&ministrative Oficer. 
October 9, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FLUTED CUP, PAN LINER AND LACE PAPER 
INDUSTRY 

Article II of the Code to be amended by the deletion therefrom 
of Section 5 and the substitution therefor of a new Section 5 as 
follows : 

Section 5. It being found necessary in order to support the ad- 
ministration 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 National Industrial Recovery Board for its 
approval subject to such notice and opportmiity to be heard as it 
deems necessary (1) an itemized budget of its estimated expenses 
for the foregoing purposes, and (2) an equitable basis upon whicli 
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 National Industrial Recovery Board, 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 pro- 
ceedings therefor in its own name. 

Each member of the Industry shall pay his or its equitable con- 
tribution to tlic expenses of the maintenance of the Code Authority 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the National Industrial Recovery 
Board. Only members of the Industry complying with the Code 
and contrib liting to the expenses of its administration as hereinabove 
provided, unless duly exempted from making such contributions, 
shall be ent tied to participate in tlie selection of members of the 
Code Autho'ity, or to make use of any emblem or insignia of the 
National Ret overy Administration. 

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 National 
Industrial Recovery Board; and no subsequent budget shall contain 
any deficiency item for expenditures in excess of prior budget esti- 
mates, except those which the National Industrial Recovery Board 
have so approved. 

Article II of the Code to be amended by the addition of a new 
section 8 as follows : 

(386) 



387 

Seciiox 8, Nothing contained in this Code shall constitute the 
nuMulHTs of tlie Code Authority partners for any purpose. Nor 
shall any nuMuber 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 mal-feasance or non-feasance. 

Article III of the Code to be amended by the deletion therefrom 
of sections 1 (f) and 5 and the substitution therefor of new sections 
1 (f) and 5 as follows: 

Skctiox 1 (f). All other employees : forty-eight (48) hours in any 
one week., but not to exceed one-hundred sixty (160) hours in any 
period of four (4) consecutive weeks. 

Section 5. No employee as included under paragraphs (b), (c), 
(d), and (f) of Section 1 of this Article shall be required or per- 
mitted to work more than six (6) days in any seven (7) consecutive 
days. 

Article V of the Code to be amended by the addition of a new 
section 9 and a new section 10 as follows: 

Section 9. No employee now employed at a rate in excess of the 
minimum shall be discharged and reemployed or replaced by another 
at a lower rate for the purpose of evading the provisions of this 
Code. 

Section 10. No employee shall be dismissed or demoted by reason 
of making complaint or giving evidence with respect to an alleged 
violation of this Code. 

Approved Code No. 296 — Amendment No. 1. 
Registry No. 407-07. 



I 



L 



Approved Code No. 234 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MACARONI INDUSTRY 

As Approved on October 9, 1934 



ORDER 



Amendment to Code of Fair Competition for the Macaroni 

Industry 

WHEREAS, pursuant to Article V, Section 6 of the Code of Fair 
Competition for the Macaroni Industry, Regional Groups Nos. 8 
and 9 and the corporate limits of Memphis, Tennessee in Regional 
Group No. 7 submitted data tending to prove that such Regional 
Groups are placed at a competitive disadvantage with and are sub- 
ject to ditl'erent economic conditions than other Regional Groups, and 

WHEREAS, the Code Authority decided after investigation that 
the facts submitted justified special labor provisions for those groups 
and petitioned and recommended to the Administrator that changes 
be made in the provisions for labor in this Code as respects the 
aforesaid Regional Groups, and 

WHEREAS, Notice of Opportunity to be Heard has been given 
to all interested parties on July 7, 1934, and the annexed report on 
said amendment contains findings with respect thereto, which findings 
have been made and directed to the President, 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in said Board by Executive Order of the President, dated 
September 27, 1934, hereby incorporates by reference said annexed 
report and finds that said amendment and the Code as constituted 
after being amended comply in all respects with the pertinent pro- 
visions and will promote the polic}'^ and purposes of Title I of the 
National Industrial Recovery Act, and do hereby order that said 
amendment be and it is hereby approved and that the previous ap- 
proval of said Code is hereby modifiofl to include an approval of 
said Code in its entirety as amended, such a])pr<)val ami such amend- 

(389) 



390 

ment to take effect ten (10) days from the date hereof, unless good 
cause to the contrary is shown to the National Industrial Recovery 
Board before that time and the said Board issues a subsequent order 
to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, AdTninistrative Officer. 
Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

Octoler 9, 19SI 



RKPOR r TO THE PRESIDENT 

Tho Presidkxt. 

The W/i/fe Ho use. 

Sir: This is a re})()rt on an anieiulnient to the Code of Fair Com- 
j)etitioii for the Macaroni Industry, No. 234, as approved by us on 
January 29, 1934, and amended on July 17, 1934. 

The Code contains no geographical wage differentials but Section 
6 of Article V specifically empowers any Regional Group to submit 
data tending to prove that such Regional Group is placed at a com- 
petitive disadvantage with or is subject to different economic condi- 
tions from those in other Regional Groups. 

Such data has been submitted by Regional Groups Nos. 8 and 9 
and the corporate limits of the Memphis, Tennessee, Regional Group 
No. 7, and the Code Authority, after investigation, has decided that 
the facts submitted justify special labor provisions for those groups 
and has petitioned and recommended that the amendment be ap- 
proved. Said amendment provides that the minimum wages speci- 
fied in the Code for certain classes of employees be reduced by five 
cents per hour in the Regional Groups Nos. 8 and 9 and the corporate 
limits of the Memphis, Tennessee, Regional Group No. 7, 

It appears from the data submitted herewith that wage rates in 
the North have been increased about 30% as a result of the adoption 
of the Code, whereas in the South the increase has amounted to 
approximately 98%. This has worked hardship on the Southern 
units where direct labor has increased from 13.0% of wholesale sell- 
ing price to 25.9% as a result of the adoption of the Code, while in 
the North the increase has been from 14.1% to 18.1%. 

The Deputy Administrator in his final report to us on said amend- 
ment to said Code, having found as herein set forth and on the basis 
of all the proceedings in this matter : 

We 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 ])romoting 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 tho 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. 

93080—34 20 (891 ) 



392 

(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 the approval of said 
amendment. 

Therefore the amendment to this Code has been approved. 

National Industrial Recovery Board, 
By G. A. Lynch, Adininistrative O^cer. 
October 9, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MACARONI INDUSTRY 



Insert in Article V, Section 2, following the words " Other em- 
ploj-ees "' the parenthetical phrase "(except as hereinafter in Section 
2 (a) provided)." 

Add the following: 

Article V, Section 2 (a). Employees in Regional Groups Nos. 8 
and 9 and the corporate limits of Memphis, Tenn., in Regional Group 
No. 7 (approved by Administrative Order of May 26, 1934) should 
be paid at not less than the following minimum respectively : 

(a) Mixers, kneadermen, press and dough-break operators shall 
receive not less than fifty cents (500) per hour. 

(b) Other male employees shall receive not less than fort}' cents 
(400) per hour, except that — 

1. Unskilled men, not to exceed ten per cent (10%) of the total 
factory employees, employed in light occupations shall receive not less 
than thirty cents (300) per hour. It is provided, however, that any 
factory with ten or less employees may employ one unskilled man at 
the foregoing rate. 

2. "Watchmen not performing any operating function shall receive 
not less than thirty cents (300) per hour. 

(3) Female emploj-ees shall receive not less than thirty cents (300) 
per hour, except that where female workers do substantially the same 
work or perform substantially the same duties as male employees, 
they sliall be paid the same rate of pay as male employees are paid 
for doing such work or performing such duties. 

Approved Code No. 234 — Amendment No. 3. 
Registry No. 129-1-02. 

(893) 



Approved Code No. 203 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RAW PEANUT MILLING INDUSTRY 

As Approved on October 9, 1934 



ORDER 



-^VPI-KOVING AmKNDMENT TO THE CdDE t)r FaIR COMPETITION FOR THE 

Raw Peanut Milling Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1983, foi- approval of an amend- 
ment to the Code of Fair Competition for the Raw Peanut Milling 
Industry, and opportunity to be heard liaving been afforded all mem- 
bers of said Industry and any objections filed having been duly con- 
sidered, and the annexed report on said amendment, containing find- 
ings with respect thereto, having been made and directed to the 
President : 

^ NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Ordei- of the President, 6859, dated 
September 27, 1934, does hereby incorporate, by reference, said an- 
nexed report and finds 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 <iud 
Title of said Act, and hereby orders that said amendment be ar 1 it 
is hereby approved, and that the previous approval of said Cod; is 
hereby amended to include an approval of said Code in its entiiety 
as amended. 

This Order shall become effective ten (10) days from the date 
hereof unless prior to that time good cause to the contrary is shown 
to said Board and it, by further order, otherwise directs. 

National Industrial Recoa-ery Board. 
By G. A. Lynch, Achmnistrative Officer. 

. Approval recommended : 
Armin W. Riley, 

Division Adminislrafor. 

Washing'i'on, D. C.. 

October 9, 193]^. 

(395) 



REPORT TO THE [PRESIDENT 

The President, 

The White House. 

Sir: This is a report on an amendment of Article X of the 
approved Code of Fair Competition for the Raw Peanut Milling 
Industry, number 203. This Code was approved by you on January 
12, 1934. 

Pursuant to Executive Order No. 6678, dated April 14, 1934, the 
Code Authority for the Raw Peanut Milling Industry, in accordance 
with Article XIII of said Code, having found it necessary in order 
to support the administration of this Code and to maintain stand- 
ards of fair competition, established by this Code, and to 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. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Code having 
found as herein set forth and on the basis of all the proceedings in 
this matter : 

The Board finds that: 

(a) The amendment to said Code and the Code as amended are 
w^ell designed to promote the policies and purj)oses 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 industry, 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 
rehabilitatiiig 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. 

(396) _.. 



397 

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

In accordance with Executive Order No. 6678, dated April 14, 1934, 
the amendment of this Code has been approved by said Board. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 
October 9, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RAW PEANUT MILLING INDUSTRY 

The Code Authority proposes to amend said Code by deleting 
Paragraph 4 of Section 1 (b) of Article IX and omitting the present 
provisions of Sections (2), (3) and (4) of Article X, and in lieu 
thereof to insert the following: 

Section 2. It being found necessary in order to support the admin- 
istration of this Code and to maintain the standards of fair competi- 
tion established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized: 

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

(b) To submit to the Administrator for his approval subject to 
such notice and opportunity to be heard as he may deem necessary : 

(1) An itemized budget of its estimated expenses for the fore- 
going pui'poses, and 

(2) An equitable basis upon which the funds necessary to 
support such budget shall be paid by members of the industry. 

(c) After such budget and basis of assessment have been approved 
by the Administrator, to determine and obtain equitable payment of 
assessments 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 3. Each member of the Industry shall pay his or its 
equitable contribution and/or assessment to the expenses of the main- 
tenance of the Code Authority and the Regional Committees deter- 
mined as hereinabove provided and subject to rules and regulations 
pertaining thereto issued by the Administrator. Only members of 
the industry complying with the Code and contributing to the ex- 
penses of its administration as hereinabove provided, (unless duly 
exempted from making such contribution) shall be entitled to par- 
ticipate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

Failure on the part of any member of the industry to pay such 
contribution and/or assessment shall be deemed a violation of this 
Code. 

Section 4. The Code Authority and Regional Committees shall 
neither incur nor pay any obligations 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, ex- 
cept upon approval of the Administrator; and no si'-bsequuit Budget 
shall contain any deficiency item for expenditures in excess of prior 
budget estimates except those which the Administrator siiall have so 
approved. 

Approved Code No. 203 — Amendment No. 1. 
Registry No. 136-01. 

(398) 



Approved Code No. 374 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TANNING EXTRACT INDUSTRY 

As Approved on October 9, 1934 



ORDER 



Approving Amexdments to the Code of Fair Competition for the 

Tanning Extract 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 amendments 
to a Code of Fair Competition for the Tanning Extract Industry, 
and due notice and opportunity to be heard having been given 
thereon and the annexed report on said amendments, containing find- 
ings with respect thereto, having been made and directed to the 
President * 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
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 does 
hereby order that said amendments be and they are 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. 

National Industrial Recovery Board, 
By G. A. Lynch, Adrn'misfratlve Officer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Admiv isfrafo)\ 

Washington. D. C, 

October 9, 19-U. 

(399) 



REPORT TO THE PRESIDE^ 

The President, 

The 'White House. 

Sir: This is a report on amendments to the Code of Fair Com- 
petition for the Tanning Extract Industry which was approved by 
you on March 29, 1934. 

The purpose of the amendment to the definition of " Industry " in 
Article I of the Code is to include within the Industry the manufac- 
ture, liquefying and/or dissolving for sale of tanning extract from 
extracts. 

The amendment to Article II, Section 6 is the standard provision 
on assessments providing for compulsory contributions to the expense 
of administrating the Code. 

The amendments to Articles IV, and V, revise labor provisions to 
conform to the standard administration draft of such provisions. 

The amendment to Section 4, Article VI provides for the submis- 
sion of such statistical information to Federal and/or State agencies 
as the Board may deem necessary for the purposes recited in Section 
3 (a) of the Act. It further provides that nothing contained in the 
Code shall relieve any member of any existing obligations to furnish 
reports to Federal and/or State agencies. 

The amendment to Article VIII provides for the addition of a 
new Section 2 whereby the Code Authority for the purpose of assist- 
ing the Code Authorities of allied industries in the adjustment of 
labor disputes and complaints within such industries shall consider 
the advisability of creating a Joint Industrial Relations Board. 

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

The Board finds that : 

(a) The amendments of 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 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. 

(400) 



401 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub- 
section (b) of Section 10 thereof. 

((') The ('(.(le emjiowers the Code Authority to propose the amend- 
nu'nt.v (in behalf of tlie 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, 

National Industrial Recovery Board, 
By G. A. Lynch, Ad-ministrative Officer. 
OCTCBER 9, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE TANNING EXTRACT INDUSTRY 

A. Delete the definition of '' Industry " in Article I and substitute 
therefor : 

" Industry " " The manufacture, liquefying and/or dissolving for 
sale of tanning extract from domestic wood and bark or from 
imported wood, bark, leaves, nuts and extracts." 

B. Delete Section 7 of Article II and substitute therefor : 

7 (a) 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 National Industrial Recovery Board for 
its approval, subject to such notice and opportunity to be heard 
as it 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 National Industrial Recovery Board, to determine 
and obtain equitable contribution as above set forth by all mem- 
bers 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 National Industrial 
Recovery Board. 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 con- 
tributions, 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 substantially in excess of the amount thereof as estimated in 
its approved budget, and sluill in no event exceed the total amount 
contained in tlie approved budget, except upon approval of the Na- 
tional Industrial Recovery Board ; and no subsequent budget shall 
contain any deficiencv item foi- expenditures in excess of prior 

(402) 



403 

budget estimates, except those which the National Iiuhistriai Recov- 
ery Board shall have so approved. 

C. Delete Section 5 oi Article IV and substitute therefor: 

5. A person whose earning capacity is limited because of age, 
physical or mental handicap or other iniirmity nuiy be employed on 
light work at a wage below the minimum established by this Code, 
provided, that the State authority designated by the United States 
Department of Labor shall have issued a certificate authorizing such 
persons employment at such wage 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 
sucli certificates to such persons. Each member 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. 

D. Delete Section 5 of Article V and substitute therefor : 

All employers shall keep posted copies of all Labor Provisions of 
this Code, and any amendments thereto, in conspicuous places ac- 
cessible to employees, and otherwise comply with all posting rules 
and reguhitions from time to time issued by the National Industrial 
Recovery Board. 

E. Delete Section 7 of Article V and substitute therefor: 

7. The manufacture or partial manufacture of an}?^ product of the 
Industry in homes shall be prohibited, except in accordance with the 
provisions of the Executive Order of the President of the United 
States, dated May 15, 1934. 

F. Delete Section 4 of Article VI and substitute therefor : 

In addition to information required to be submitted to the Code 
Authority, there shall be furnished to Federal and/or State agencies 
such statistical information as the National Industrial Recovery 
Board may deem necessary for the purposes recited in Section 3 (a) 
of the Act. Nothing contained in this Code shall relieve any mem- 
ber of any existing obligations to furnish reports to Federal and/or 
State agencies. 

G. Add a new Section 2 to Article VIII to read as follows : 

2. For the purpose of assisting the Code Authorities of allied in- 
dustries in the adjustment of all labor disputes and labor complaints 
arising within such industries, the Code Authority shall consider the 
advisability of creating a Joint Industrial Relations Board for such 
industries, and shall report its recommendations to the National In- 
dustrial Recovery Board within ninety (90) days after the effective 
date of this amendment. 

Approved Code No. 374 — Amendment No. 1. 
Reidstr.v No. 1658-1-01. 



SUPPLEMENTS 



Approved Code No. 84 — Supplement No. 52 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

TUBULAR SPLIT AND OUTSIDE PRONGED RIVET 
MANUFACTURING INDUSTRY 

As Approved on September 22, 1934 



ORDER 



I 



Approving Supplementary Code of Fair Competition for the 
Tubular Split and Outside Pronged Rivet Manufacturing 
Industry 

A division of the fabricated metal products manufacturing and 
metal finishing and metal coating industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June IG, 1933, and in accordance with the 
provisions of Section 1 o.f Article VI of the Basic Code for the 
Fabi-icated Metal Products Manufacturing and Metal Finishing 
and Metal Coating Industry, approved November 2, 1933, for ap- 
proval of a Supplementary Code of Fair Competition for the 
Tubular Split and Outside Pronged Rivet Manufacturing Industry, 
and hearing having been duly held thereon ; and the annexed report 
on said Supplementary Code, containing findings with respect there- 
to, 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. 654:3-A, dated December 
30, 1933, and otherwise ; do hereby incorporate by reference said 
annexed report and do find that said Supplementary Code complies 
in all respects with the pertinent provisions and will promote the 
policy and purposes of said Title of said Act; and do hereby order 
that ,said Supplementary Code of Fair Competition be and it is 
hereby approved, provided, however, that the jirovisions of Article 
VI, Section 1 insofar as they prescribe a waiting period between 
the filing with the Supplementary Code Authority (or such agency 
as may be designated in tlie Code) and the effective date of ])rice 
lists, as originally filed and/or revised price lists or revised terms 
and conditions of sale, be and they hereby are stayed pending my 
further Order. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 



Washington, D.C. 

Septembei 
03080— i^ 21 (-105) 



September 22, 1934. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Supplementary Code of Fair Compe- 
tition for the Tubiihir Split and Outside Pronged Rivet 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., January 19, 1934, in 
accordance with the provisions of Title I of the National Industrial 
Recovery Act. 

GENERAL STATEMENT 

The Tubular Split and Outside Pronged Rivet Industry, being 
truly representative of this division of the Fabricated Metal Products 
Manufacturing and Metal Finishing and Metal Coating Industry, 
has elected to avail itself of the option of submitting a Supplemen- 
tary 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 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 ai)proved 
November 2, 1933, are the labor provisions of this Supplementary 
Code. 

Article IV establishes a Supplementary Code Authority con- 
sisting 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 ])rovides machinery for obtaining statistics and the administra- 
tion of the SupplementaiT Code. 

Article V provides for the formulation of methods of uniform 
cost finding and accounting. 

Article VI sets forth the open price provisions. 

Article VII sets forth the standards of fair competition with 
reference to pricing practices. 

Article VIII provides that no provision relating to prices or terms 
of selling, shipping, or marketing, shall apply to export trade. 

Article IX sets forth the rules of Fair Trade Practices. 

(406) 



407 

Article X contains the mandatory provisions contained in Section 
10 (b) of the Act and also provides tor the submission of proposed 
amendments to the Supplementary Code. 

Article XI provides against monopolies and monopolistic 
practices. 

Article XII recognizes that price increases be limited to actual 
additional increases in the seller's cost. 

Article XIII states the effective date of this Supplementary Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said Sup- 
plementary Code having foimd 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 in- 
dustrial and agricultural products through increasing purchasing 
l)owjer, by reducing and relieving unemployment, by improving 
standards 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 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 association truly representative 
of the aforesaid Industry ; and that said association imposes no in- 
equitable 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 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 approval of said 
Supplementary Code. 

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

Respectfully, 

Hugh S. Johnson, 

A dniinhtrator. 
September 22, 1934. 



SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE TUBULAR SPLIT AND OUTSIDE PRONGED RIVET 
MANUFACTURING INDUSTRY— A DIVISION OF THE 
FABRICATED METAL PRODUCTS MANUFACTURING 
AND METAL FINISHING AND METAL COATING 
INDUSTRY 

Article I — Purposes 

To effectuate the policy of Title I of the National Industrial 
RecoA^eiy Act, the following; provisions are established as a Supple- 
mentary Code of Fair Competition for the Tubular Split and Out- 
side Pronged Rivet Manufacturing Industrj^, 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 of the United States on the 2nd 
da}^ of November, 1933, and the provisions of this Supplementary 
Code 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 " Tubular Split and Outside Pronged Rivet 
Manufacturing Industry ", hereafter referred to as the " Industry ", 
is defined to mean the manufacture for sale of tubular, split, and out- 
side-pronged rivets and caps made of steel, brass, copper, iron, 
aluminum, or other suitable metals. 

Section 2. The term " Member of the Industry " includes, but 
without limitation, any individual, partnership, association, corpora- 
tion or other form of enterprise, engaged in the Industr}^ either as 
an employer or on his or its own behalf. 

Section 3. The terms " President ", " Act ", and " Administrator ", 
as used herein, shall mean respectively the President of the Ignited 
States, Title I of the National Industrial Recovery Act, and the Ad- 
ministrator for Industrial Recovery, 

Section 4. The term " Basic Code ", as used herein, is defined to 
mean the Basic Code of Fair Competition for the Fabricated Metal 
Products Manufacturing ami Metal Finishing and JNIetal Coating 
Industry, as approved by the President on the 2nd day of Novem- 
ber, 1933. 

Section 5. The term "Supplementary Code Authority", as used 
herein, is defined to mean the agency which is to administer this 
Supplementary Code as hereinafter provided. 

Section 6. The term " Institute ", as used herein, is defined to 
mean the Institute of Tubular Split and Outside Pronged Rivet Man- 
ufacturers, or its successor. 

(408) 



409 

Section 7. The term " Supplenientary Code Committee " is de- 
fined to mean the Executive Committee of tlie Institute. 

Section N. The term " employee " as used herein includes any and 
all persons enga<i;ed in the industry, however compensated, except a 
member of the industry. 

Section 1). The term " employer " as used herein includes anyone 
by whom such employee is compensated or emplo3^ed. 

Article III — Employment Provisions 

This Industry is a division of the Fabricated Metal Products 
Manufacturint; and Metal Finishing and Metal Coating Industry and 
without limitation the w^age, 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 
subsections (1) ,(2) and (3) of Section 7 (a) of Title I of the Act are 
made conditions of this Code, are specifically incorporated herein 
and made a part hereof as the wage, hour and labor provisions of 
this Supplementary Code. 

Article IV — Organization and Administration 

Section 1. (a) During the period not to exceed thirty (30) days 
following the effective date, the Code Committee will constitute a 
Temporary Supplementary Code Authority until the Supplementary 
Code Authority is elected. 

(b) There shall be constituted within the thirty (30) day period 
a Supplementary Code Authority consisting of five members, to be 
electee! by a majority vote of the members of the Industry, at a 
meeting called by the Temporary Supplementary Code Authority, 
upon ten (10) da3^s 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, each member to have 
one vote. The members of the Supplementary Code Authority first 
elected shall serve until June, 1935, and thereafter members of the 
Supplementary Code Authority shall be elected annually at a 
special meeting of all members of the Industry to be held during the 
month of June, each year, the exact date of which shall be deter- 
mined by the Supplementary Code Authority, and notice given by 
registered mail at least fifteen (15) days prior thereto. 

(c) A vacancy in the membership of the Supplementary Code 
Authority may be filled by a majority vote of the remaining mem- 
bers of the Supplementary Code Authority. 

(d) In addition thereto the Administrator may appoint one mem- 
ber of the Supplementary Code Authority who without vote shall 
serve without exjjense to the Industry. 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. The Institute or any Association, directly or indirectly 
participating in the selection or activities of the Supplementally 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 



410 

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 3. In order that the Su])plementary 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 Supplementary Code Authority is not truly 
representative or does not in other respects comply w4th the pro- 
visions of the Act, may require an appropriate modification of the 
Supplementary Code Authority. 

Section 4. All members of the Industry are subject to the juris- 
diction of the Supplementary Code Authority; shall be entitled to 
participate in and share the benefits of the Supplementary Code 
Authority; and shall be entitled to vote in the .selection of the 
Supplementary Code Authority as provided in Section 1 of this 
Article and in accordance with the restrictions set forth in Section 5 
of this Article. 

Section 5. (1) It being found necessary, in order to support the 
administration 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 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 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; 

(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 such 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 Supple- 
mentary 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 
Supplementary Code and contributing to the expenses of its Ad- 
ministration 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 Adminis- 
tration. 

(3) The Supplementary Code Authority shall neither incur nor 
pay any obligation substantially in excess of the amount thereof 



411 

as estimated in its approved budget, and shall in no event exceed 
the total amount contained in the approved budget, except upon ap- 
proval of the Administrator; and no subsequent budget shall con- 
tain anv deficiency item for expenditures in excess of prior budget 
estimates except those which the Administrator shall have so 
aj)proved. 

Section G. The Supplementary Code Authority shall have the 
following further powers and duties, subject to such rules and 
regulations as may be prescribed by the Administrator. 

A. The Supplementary Code Authority shall have power to in- 
vestigate all complaints filed by one member of the Industry against 
another member of the Industry, subject to such rules and regulations 
as the Administrator may prescribe. 

B. To adoi)t by-laws and rules and regulations for its procedure 
and for the administration of the Supplementary Code. 

C. To obtain from members of the Industry such information and 
reports as are required for the administration of the Supplementary 
Code. In addition to information required to be submitted to the 
Supplementary Code Authority, members of the Industry subject 
to this 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 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 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 coordi- 
nation of the administration of this Supplementary Code with such 
other Codes, if any, as may be related to the Industry. 

F. To appoint a Trade Practice Committee which shall meet with 
the trade practice committees appointed under such other Codes as 
may be related to the Industry for the purpose of formulating fair 
trade practices to govern the relationships between employers 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. 

G. To recommend to the Administrator further fair trade practice 
provisions to govern members of the Industry in their relations with 
each other or with other industries and to recommend to the Adminis- 
trator measures for industrial planning, including stabilization of 
employment. 

H. To study, in cooperation with such recognized organization 
as the Bureau of Standards, questions of devising adequate standards 
of dimensions and quality for the products of the Industry, with the 
view to their recommendation to and adoption by the Industry. 



412 

I. To submit to the Administrator for his approval a standard 
arrangement for setting up data to be contained in published price 
lists. 

Section 7. 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 
Supplementarv Code Authority to the Administrator within three 
(3) months aft^r the effective date of the Supplementary Code. 

Section 8. 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 com- 
plained of may be taken if approved by the Administrator, but shall 
not be taken if disapproved by the Administrator within 30 days of 
notice to him of intention to proceed with such action. 

Section 9. The Supplementary Code Authority, as such agency 
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 10. Xothing contained in this Supplementary Code shall 
constitute the members of the Supplementary Code Authority part- 
ners for any purpose. Xor 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. Xor 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 wilful malfeasance or 
non-feasance. 

Section 11. Any or all information furnished to the Supple- 
mentary Code Authority by any member of the Industry shall be, 
pursuant to the provisions of this Supplementary Code, subject to 
verification by an examination of the pertinent or necessary books, 
accounts and records of such member by an impartial agency agreed 
upon by the Supplementary Code Authority and the member of 
the Industry in question, or. failing such agreement, by an impartial 
agent designated by the Administrator. Such examination shall be 
made only to the extent permitted by the Act and such rules and 
regulations as may be prescribed by the Administrator. The cost of 
each such examination shall be borne by the Supplementary Code 
Authority. 

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 Administra- 
tor for review. "^ If approved by the Administrator, full information 
concerning such methods shall be made available to all members of 
the Industry. Thereafter, each member of the Industry shall utilize 
such methods to the extent found practicable. Nothing herein con- 



413 

tained shall be construed to permit the Supplementary Code Au- 
thority, any agent thereof, or any member of the Industry to sug- 
gest unifoi'm additions, percentages or differentials or other uniform 
items of cost Avhich are designed to bring about arbitrary uniformity 
of costs or prices. 

Article VI — Open Price Filing 

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 ])ricing jDractices 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 desig- 
nated by the Supplementary Code Authority- Said price terms 
shall in the first instance be filed within ten (10) days after the 
election of the Supplementary Code Authority. Price terms and 
revised price terms shall become effective three days subsequent to 
the 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 members of the 
Industry and to all of their customers who have applied therefor and 
have offered to defray the cost actuall}^ incurred by the Supplemen- 
tary 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 not be released until the expiration of 
the aforesaid ten (10) day period after tlie election of the Supple- 
mentary Code Authority. The Supplementary 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 Supplemen- 
tary 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- 
visi(m. such member shall not file a higher price within fortv-eight 
(48) hours. 

Section 3. Xo member of the Industry shall sell or offer to sell 
any products of the Industry, for which price terms have been filed 
pursuant to the provisions of this article, except in accordance with 
such price terms. 

Section 4. No member of the Industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 

' See par.'ij^rapli 2 of order approving tl.is Code. 



414 

price terms, nor cause or attempt to cause any member of the In- 
dustry to change his price terms by the use of intimichition, 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 VII — Costs and Price Cutting 

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

(a) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any member of the Industry or of 
any other Industry or the customers of either may at any time com- 
plain to the Supplementary Code Authority that any filed price 
constitutes unfair competition as destructive price cutting, imperil- 
ing small enterprises or tending toward monopoly or the impairment 
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 con- 
curred in by either party to the complaint, all papers shall be re- 
ferred 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 emergenc}^ 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 specified product within the Industry for a 
limited period is necessary to mitigate the conditions constituting 
such emergency and to effectuate the purposes of the Act, the Supple- 
mentary 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 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, wdiich 
price shall bo reasonably calculated to mitigate the conditions of such 
emergency and to effectuate the ])urposes 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 mininunn \)V\cq and 
any such sale shall be deemed destructive price cutting. From time 
to time, the Supplementary Code Authority may recommend review 



415 

or reconsideration or the Administrator may cause any determina- 
tions hereunder to l)e reviewed or reconsidered and appropriate 
action taken. 

Article VIII — Export Trade 

No provisions 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 IX — Fair Trade Practices 

Section 1. The following sections are adopted as rules of Fair 
Trade Practices and shall be binding upon all members of the 
Industry : 

A. Xo member of the Industry shall knowingly withhold from or 
insert in any quotation or invoice any statement that makes it in- 
accurate in any material particular. 

B. Xo 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 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. 

C. No member of the Industry shall defame a competitor by 
falsely imputing to him dishonorable conduct, inability to perform 
contracts, questionable credit standing, or by other false representa- 
tion, or by falsel}^ disparaging the grade or quality of his goods. 

D. There shall be no false marking or branding of any product of 
the Industry which has the tendency to mislead or deceive customers 
or prospective customers, whether as to the grade, quality, quantity, 
substance, character, nature, origin, size, finish, or preparation of 
any product of the Industry or otherwise. 

E. It is an unfair trade practice to imitate or simulate the trade 
mark, trade name, package wrapper, or label of a competitor's prod- 
uct to such a degree as to deceive or have a tendency to deceive 
customers. 

F. The false classification of any products of this Industry for the 
purpose of securing lower freight rates shall be an unfair method of 
competition. 

G. It is an unfair trade practice to make, or cause or knowingly 
])ermit to be made, or publish any false, materially inaccurate or 
deceptive statement, by way of advertisement or otherwise, whether 
concerning the grade, quality, quantity, substance, character, nature, 
origin, size, finish or preparation of any product of the Industry, or 
the credit, terms, values, policies, or services of any member of the 
Industry, or otherwise, having the tendency or capacity to mislead 
or deceive customers or prospective customers. 

H. The securing of confidential information concerning the busi- 
ness of a competitor, by a false or misleading statement or representa- 
tion, which is properly regarded by it as a trade secret or confidential 
within its organization, other than information relating to a viola- 



416 

tion of any provisions of the Supplementary Code, is an unfair trade 
practice. 

I. No member of the Industry, directly or indirectly, by any means 
whatsoever, shall (1) sell any of the products enumerated in the 
price lists (filed as provided for in Article VI) at prices other than 
those so filed, or (2) extend any servicing which would have the 
effect, directly or indirectly, of reducing the net prices so determined. 
Provided, however, that the leasing of riveting machines by a manu- 
facturer under leases by the provisions of which the compensation for 
the servicing of such machines by the manufacturer during the term 
of their rental is included in the price of the rivets supplied by such 
manufacturer to the lessee, and under the provisions of which 
rebates of rental of the machines are made in consideration of the 
use of specified quantities of rivets supplied by said manufacturer 
to the lessee, shall not be construed as violation of this Section. 

J. The making of any sale or contract of sale of any product under 
any description which does not fully describe such product in terms 
customarily used in the Industry, and the canceling, in whole or in 
part, or permitting the cancellation, in whole or in part, excepting 
where the seller is at fault, of any contract of sale of any products, 
except for a fair consideration, or paying or allowing to any pur- 
chaser in connection with the sale of any product any rebate com- 
mission, credit, discount, adjustment, or similar concession other 
than as is permitted by the Supplementary Code and specified in the 
contract of sale, are unfair trade practices. 

K. Members of the Industry shall not contract for sale of prod- 
ucts covered by this Supplementary Code for longer than calendar 
quarterly periods. All shipments on contracts shall be made within 
15 clays after the ex])iration date, or as soon thereafter as the seller 
can manufacture and ship the same. No quarterly contract shall be 
made more than 30 days prior to the beginning of the calendar quar- 
ter, and shall be at the price effective at the time of making the 
contract. 

L. No member of the Industry shall make or give to any Buyer 
of any product of the Industry, any guarantee or protection in any 
form against decline in the market price of such product after ship- 
ment thereof. 

M. No member of the Industry shall consign replacement rivets 
with a distributive medium of any character, or industrial rivets 
with any consumer, except under circumstances to be defined by the 
Supplementary Code Authority and approved by the Administrator, 
where peculiar circumstances of the Industry require the practice. 

N. No member of the Industry shall make any arrangement with 
a jobber or dealer whereby- such jobber or dealer acts both as agent 
and as jobber or dealer in a specific transaction and thereby receives 
both the jobber's commission or dealer's discount and the agent's 
connnission on the same transaction. 

O. The continuance knowingly by a member of the Industry in 
its or his employment of any agent who shall divide his commission 
with a buyer or the agent of the buyer, without the knowledge of 
his employer, is prohibited. 

P. Members of the Industry shall not permit the return by any 
buyer of any product covered herein, delivered in full compliance 



417 

with all the tonus and coiiditions of any contract, except products 
dofectivo in material or workmanship, nor shall any such miMuber of 
the Industry })ur('liase or repurchase such j)roducts after the delivery 
thereof by whomsoever delivered to such buyer. Exception may be 
nuide in cases where the ])roduct is shown on the current price list 
and tlie buyer i-eports in j^ood faith within ten days after I'eceipt of 
the shipment that an error has been made by him in orderinfj; in 
which case the return transportation charges must be prepaid and a 
reasonable handlina* charge may be made based on the invoice value 
of the goods. Exception may also be made to permit the return of 
goods for which the purchaser refuses to pay. 

Q. The making or issuing of any guarantees having a tendency to 
mislead a buyer, is an unfair trade practice. 

R. Xo member of the Industry shall publish or circulate unjusti- 
fied or unwarranted threats of legal proceedings which tend to or 
have the effect of harassing competitors or intimidating their 
customers. 

S. Quoting a total price on any schedule of materials which does 
not show the sum of the regular unit prices of the articles compris- 
ing the schedule, constitutes unfair competition. Where an article 
consists of two or more parts wdiich themselves are considered units 
by the Industry, the unit price of the combination article shall be 
the sum of the unit prices of the articles wdiich comprise it and the 
invoice shall list each item separately with its price. This rule shall 
not be construed to prevent the granting of quantity discounts, 

T. The giving, or lending, of any material or the rendering to any 
purchaser of any product, in connection with the sale of such product, 
of any service, unless fair compensation for such material or service 
shall be j^aid by such purchaser, is an unfair trade practice. Pro- 
vided, however, that the leasing of riveting machines by a manu- 
facturer under leases by the provisions of which the compensation 
for the servicing of such machines by the manufacturer during the 
term of their rental is included in the price of the rivets supplied by 
such manufacturer to the lessee, and under the provisions of wdiich 
rebates of rental of the machines are made in consideration of the 
use of specified quantities of rivets supplied by said manufacturer to 
the lessee, shall not be construed as violation of this section. 

U. The announcement of price changes by any member of the 
Industry to its sales organization or to any buyer prior to the effec- 
tive date of such changes, is an unfair trade practice. 

V. No member of the Industry shall give, permit to be given, or 
directly offer to give, anything of value for the ]3urpose 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, 
principal of such agent or the represented party, without the knowl- 
edge of such employei', {principal or party. This provision shall not 
be construed to prohibit free and general distribution of articles com- 
monly used for advertising except so far as such articles are actually 
used for commercial bribery as hereinabove defined. 

W. Xo member of the Industi-y shall wilfully induce or attempt to 
inihice the breach of existing 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 



418 

by any such means, with the purpose and effect of hampering, injur- 
ing or embarrassing competitors in their business. 

X. No member of the Industry shall require that the purchase or 
lease of any goods be a pre-requisite to the purchase or lease of any 
other goods. This provision shall not be interpreted as prohibiting 
the leasing of rivet setting machines by a member of the Industry on 
a basis providing for the cancellation or reduction of a stipulated 
rental in consideration of the purchase of a stipulated quantity of 
rivets. 

Article X — Modifications 

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

Section 2. This Supplementary Code, except as to provisions re- 
quired by the Act, may be modified or amended on the basis of 
experience or changes in circumstances, such modifications or amend- 
ments to be based upon application by the Supplementary Code 
Authority or other Representative group within this Industry to the 
Administrator and such notice and hearing as he shall specify and 
to become effective and be a part of this Supplementary Code on 
approval by the Administrator. 

Article XI — Monopolies 

Section 1. 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, but when made such increases should, so far as 
possible, be limited to actual additional increases in the seller's costs. 

Article XIII — Effective Date and Duration 

This Supplementary Code shall become effective at 12 : 01 o'clock 
(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 procla- 
mation, or the Congress shall, by joint resolution, declare that the 
emergency recognized by Section 1 of Title I of the National Indus- 
trial Recovery Act has ended. 

Approved Code No. .S4 — Supplement No. 52. 
Registry No. 1104-08. 



Approved Code No. 84 — Supplement No. 53 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

LIQUID FUEL APPLIANCE MANUFACTURING 

INDUSTRY 

As Approved on September 24, 1934 



ORDER 



Approving Supplemextary Code of Fair Competition for the 
Liquid Fuel Appliance Manufacturing Industry 

A division of the fabricated metal products manufacturing and 

METAL finishing AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recoverv Act, approved June 16, 1933. and in accordance with the 
jH-ovisions of Section I of Article VI of the Basic Code for the 
Fabricated Metal Products Manufacturing and Metal Finishing and 
Metal Coating Industry, approved November 2, 1933, for approval 
of a Supplementary Code of Fair Competition for the Liquid Fuel 
Appliance Manufacturing Industry, and hearing having been duly 
held thereon ; and the annexed report on said Supplementary Code, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, I, Hugh S. Johnson. Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the Presi- 
dent, including F^xecutive Order No, G543-x\, dated December 30, 
1933, and otherwise; do hereby incorporate by reference said an- 
nexed report and do find that said Supplementary Code complies 
in all respects with the pertinent provisions and will promote the 
policy and purposes of said Title of said Act; and do hereby order 
that said Supplementary Code of Fair Competition be and it is 
hereby approved; provided, however, that the provisions of Article 
V. Rule A, insofar as they prescribe a waiting period between the 
filing with the Supplementary Code Authority (or such agency 
as may be designated in the Supplementary Code) and the effective 
date of price lists, as originally filed and/or revised price lists or 
revised terms and conditions of sale, be and they hereby are stayed 
pending my further Order. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 
Barton "W. Murray, 

Division Adininistrator. 

Washington, D.C, 

September 24, 19SJf. 

(419) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the Supplementary Code of Fair 
Competition for the Liquid Fuel Appliance Manufacturing Industry, 
a division of the Fabricated Metal Products INIanufacturing and 
Metal Finishing and Metal Coating Industry, the hearing having 
been conducted thereon in Washington, D.C., March 9, 1934, in 
accordance with the provisions of Title I of the National Industrial 
Recovery Act. 

GENERAL STATEMENT 

The Liquid Fuel Appliance Manufacturing Industry, being truly 
representative of this division of the Fabricated Metal Products 
Manufacturing and Metal Finishing and Metal Coating Industry, 
has elected to avail itself of the option of submitting a Supplemen- 
tary 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 
a])proved 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 INIetal 
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 ten (10) members to be elected by the members of the In- 
chistry 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 nuichinery for obtain- 
ing statistics and the administration of the Supplementary Code. 

Article V sets forth the unfair trade practices of this Supple- 
mentary Code which has been especially designed to offset unfair 
competition in this division of the Industry. 

Article VI sets forth that no ])rovision relating to prices or terms 
of selling shall a]5ply to direct export sales. 

Article VII contains the mandatory provisions contained in Sec- 
tion 10 (b) of the Act and also provides for the submission of 
proposed amendments to the Su])plementary Code. 

r420) 



421 

Article A^'III provides for withdrawal of either class from the 
jurisdiclion of the Basic Code Aiitliority and/or this Supplementary 
Code Authority provided tliat such withdrawal shall not become 
effective until such time as the particular class or classes shall be 
subject to the provisions of another approved Code or Codes. 

Article IX provides against monopolies and monopolistic prac- 
tices. 

Article X recognizes that price increases be limited to actual addi- 
tional increases in the seller's costs. 

Article XI states the effective date 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 ])rovide 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 consumpticm of 
industrial and agricultural products through increasing purchasing 
power, by reducing and relieving unemployment, by improving 
standards of labor, and by otherwise rehabilitating industry. 

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

(c) The 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 
a])plicant council is an industrial council truly representative of the 
aforesaid Industry: and that said council imposes no inequitable 
restrictions on admission to membership therein. 

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

(e) The Supplementary Code is not designed to and will not 
eliminate or o])j)ress small enterprises and will not operate to 
discriminate against them. 

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

For these reasons, therefore, I have approved this Supplementary 
Code ; provided, however, that the provisions of Rule "A" of Article 
V insofar as they prescribe a waiting period between the filing with 
the Su])plementary Code Authority (or such agency as may be 

93080—34 22 



422 

designated in the Supplementary Code) and the effective date of 
price lists, as originally filed and/or revised price lists or revised 
terms and conditions of sale, be and they are stayed pending my 
further Order. 

Respectfully, 

Hugh S. Johnson, 

A dministrator. 
September 24, 1934. 



supplp:mentaky code of fair competition for 
the liquid fuel xvppliance manufacturing 
industry 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Article I — Purposes 

To effectuate the policy of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Supple- 
mentary Code of Fair Competition for the Liquid Fuel Appliance 
Manufacturing Industry, pursuant to Article VI of the Basic Code 
of Fair Competition for the Fabricated Metal Products Manufac- 
turing and Metal Finishing and Metal Coating Industry approved 
by the President of the United States on the second day ot November 
1933, and the provisions of this Supplementary Code shall be the 
standards of fair competition for such Industry, and shall be binding 
upon every member thereof. 

Article II — Definitions 

The term " Industry '' as used herein shall include the manu- 
facture and sale of appliances which burn liquid fuel which are 
classed and defined as follows : 

Class 1. — Class 1 shall include kerosene stoves and ranges, mantle 
lamps and lanterns, cabinets or high shelves, heaters, and wicks and 
incandescent mantles for same ; and gasoline stoves and ranges, 
mantle lamps and lanterns, cabinets or high shelves, heaters, port- 
able ovens, hot water heaters, incandescent mantles, including parts 
and accessories for above and/or similar devices for consuming kero- 
sene, gasoline, or semirefined oils. 

Class 2. — Class 2 shall include Distillate Oil Burners which shall 
be burners designed prinuirily for use in connection with cooking 
ranges, space heaters, and domestic water heaters of similar uses 
as follows: 

(a) Conversion burners consisting of distillate burners designed 
to be installed in cooking and heating units. 

(b) Cooking or heating devices manufactured expressly for use 
with oil burners, the burners becoming an integral part of the unit 
at the point of manufacture. 

The term " Division '" as used herein is defined to mean the Liquid 
Fuel Api^liance Manufacturing Industry Division of the Fabricated 
Metal Products ^Manufacturing and Metal Finishing and Metal 
Coating Industry. 

The term "' member of the Industry ", as used herein, includes, but 
without limitation, any individual partnership, association, corpora- 

(423) 



424 

tion or other form of enterprise enrjaged in the Industry either as 
an employer or on his or its own behalf. 

The terms '" President ", "Act", and "Administrator ", as used 
herein, shall mean, respectivel}^, the President of the United States, 
Title I of the Xational Industrial Recovery Act, and the Adminis- 
trator for Industrial Recovery under Title I of said Act. 

The term " Basic Code ", as used herein, is defined to mean the 
Basic Code of Fair Competition for the Fabricated Metal Products 
Manufacturing and Metal Finishing and Metal Coating Industry, 
as approved by the President on the second day of November 1933. 

The term " Basic Code Authority ", as used herein, is defined to 
mean the Executive Committee of the Fabricated Metal Products 
Federation. 

The term "Association '' as used herein is defined to mean the 
Distillate Burner Manufacturers Association. 

The term " Council ", as used herein, is defined to mean the Liquid • 
Fuel Appliance Council or its successor. 

The term " Supplementary Code Authority " as used herein, means 
the agency which is to administer this Supplementary Code as here- 
inafter provided. 

The term " Code Committee " as used herein is defined to mean the 
committee authorized by the " Council " and "Association " to pre- 
sent this Supplementary Code. 

The term " Duly Authorized Agent " or "Agent " of the Supple- 
mentary Code Authority, as used herein is defined to mean such 
person as the Supplementary Code Authority shall designate. Said 
Agent, in order to qualif}^ as such, shall be entirely free from any 
interest in or connection with any compan}^ engaged in the manu- 
facture or sale of the products of the Industry. 

The term " Federation ", as used herein, is defined to mean the 
Fabricated Metal Products Federation or its successor. 

Article III — Employmext Provisions 

This Industiy is a division of the Fabricated Metal Products 
Manufacturing 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 Novem- 
ber 2, 1933, or as subsequently amended, including Section 1 of said 
Article III by which the provisions of Subsections (1), (2) and (3) 
of Section 7 (a) of Title I of the Act are made conditions of this 
Code, are specifically incorporated herein and made a part hereof as 
the wage, hour, and labor provisions of this Supplementary Code. 

Article IV — Organization and Administration 

Section 1. — A Supplementary Code Authority is hereby consti- 
tuted consisting of ten (10) members, seven (7) of which shall be 
selected b}^ the members of the Industry engaged in the manufacture 
of products set forth in Class 1 of the Industry, and three (3) of 
which shall he selected by the members of the Industry engaged in the 
manufacture of products set forth in Class 2 of the Industry. 

Pending the selection of tlie Supplementary Code Authority the 
Code Committee shall constitute a temporary Supplementary Code 



425 

Authority to serve until a permanent Supplementary Code Authority 
shall have been elected. 

Within the sixty (GO) da}^ period following the effective date of 
this Supplementary Code the Code Committee shall call a meeting 
of the members of the Industry for the purpose of electing the mem- 
bers of the Supplementary Code Authority. The members of the 
Supplementary Code Authority first elected shall serve until the 
following annual meeting of the members of the Industry and there- 
after members of the Supplementary Code Authority shall be elected 
at each annual meeting of the members of the Industry to serve until 
the following annual meeting. Fifteen (15) days advance notice 
of all meetings to be held hereunder shall be sent to all members 
of the Industry whose names may be ascertained after diligent search, 
"vvho may vote either in person or b}^ prox}^ or by letter ballot. 

The members of the Supplementary Code Authority shall be 
elected in the folloAving manner : 

(a) Seven (7) members who shall be members of the Industry 
engaged in the manufacture of products set forth in Class 1 of the 
Industry shall be elected as follows : 

1. Five (5) members who are members of Class 1 of the Industry 
and members of the Council shall be elected by a majority vote of 
members of Class 1 of the Industry who are members of the Council ; 
each member to have one vote. 

2. Two members who shall be members of Class 1 of the Industry 
and non-members of the Council by a majority vote of all members 
of Class 1 of the Industry wdio are non-members of the Council; 
each member to have one vote. 

(b) Three (3) members who shall be members of the Industry 
engaged in the manufacture of products set forth in Class 2 of 
the Industry shall be elected as follows : 

1. Two members who are members of Class 2 of the Industry 
and members of the Association shall be elected by a majority vote 
of members of Class 2 of the Industry who are members of the 
Association; each member to have one vote. 

2. One member who shall be a member of Class 2 of the Industry 
and a non-member of the Association by a majority vote of all mem- 
bers of Class 2 of the Industry who are non-members of the Associa- 
tion ; each member to have one vote. 

(c) A vacancy in the membership of the Supplementary Code 
Authority shall be filled by a majority vote of the remaining mem- 
bers of the Supplementary Code Authority ; provided, however, that 
the member of the Supplementary Code Authority who is chosen to 
fill such vacancy shall be elected from the division of the Industry 
and the Class of membership in which the vacancy has occurred. 

(d) In the event any Class, or Association Group, or Non-Asso- 
ciation Group fail to elect their allotted representatives on the Sup- 
plementary Code Authority, as hereinabove provided, the Supple- 
mentary Code Authority as at that time constituted, shall select a 
list of persons totaling the number of vacancies to he filled, i)lus three 
(3) additi(mal persons qualified as to the particular classification of 
membership to be filled, and submit a list of their names to the 
Administrator who shall appoint from such list the necessary mem- 



426 

bers of the Supplementary Code Authority, which members so ap- 
pointed by the Administrator shall have all the powers and duties 
of such membership as though elected by the members of the 
Industry. 

No member of the Industry shall have more than one representa- 
tive on the Supplementary Code Authority. 

(e) In addition thereto the Administrator may appoint a member 
of the Supplementary Code Authority who shall serve without vote 
and without expense to the Industry. The representative who may 
be appointed by the Administrator shall receive notice of and may 
sit at all meetings of the Supplementary Code Authority. 

Section 2. — The Trade Associations directlj' or indirectly partici- 
pating in the selection or activities of the Supplementary Code 
Authority shall (1) impose no inequitable restrictions on admission 
to membership and (2) submit to the Administrator true copies of 
their Articles of Association, By-Laws, Regulations, and any amend- 
ments when made thereto, together with such other information as to 
membership, organization, and activities as the Administrator may 
deem necessary to effectuate the purpose 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 Administrator 
may prescribe such hearings as he may deem proper; and thereafter 
if he shall find that the Supplementary Code Authority, or its Agent, 
is not truly representative or does not in other respects comply with 
the provisions of the Act, may require an appropriate modification 
of the Supplementary Code Authority. 

Section If. — 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 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 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 have been ap- 
proved by the Administrator, to determine and obtain equitable 
contribution as above set forth by all members of the Industry, and 
to that end, if necessary, to institute legal proceedings therefor in 
its own name. 

Each member of the Industry shall pay his or its equitable 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 Administrator. 
Only members of the Industry complying witli the Supplementary 
Code and contributing to the expenses of its administration as here- 
inabove provided, unless duly exempted from nuiking such contri- 



427 

bution, shall bo 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 
insifrnia of the National Recovery Administration. 

The Supplementary Code Authority shall neither incur nor pay 
any oblijiation 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. 

Secffon 5. — The Supplementary Code Authority shall have the 
following powers and duties, in addition to those authorized by other 
provisions of this Supplementary Code : 

(a) To insure the execution of the provisions of the Supplementary 
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 pro- 
cedure and for the administration of the Supplementary Code, 
subject to approval by the Administrator. 

(c) To obtain from members of the Industry such information 
and reports as are required for the administration of the Supple- 
mentary Code. In addition to information required to be submitted 
to the Supplementary Code Authority, members of the Industry 
subject to this Supplementary Code shall furnish such statistical 
information as the Administrator may deem necessary for the pur- 
poses recited in Section 3 (a) of the Act to such Federal and State 
agencies as he may designate; provided that nothing in this Supple- 
mentary Code shall relieve any member of the Industry of any 
existing obligations to furnish reports to any Government agency. 
Xo 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 agencies as it deems proper for the carrying out 
of 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 
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 the Industry. 

(f) To furnish from time to time the Basic Code Authorit3'. 
designated in said Basic Code, such information as may be required 
to be furnished under the terms of the Basic Code. 

(g) To appoint committees to carry out its duties such as the fol- 
lowing: Administration, Compliances, Finance, Trade Relations, 
Subdivisional, and such other counnittees as may be required. 

(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 Supplementary Code and under such other codes to the 



428 

end that such fair trade practices may be proposed to the Adminis- 
trator as amendments to this Supplementary Code and such other 
codes. 

Section 6. — Each member of the Industry shall keep accurate and 
complete records of its transactions in the Industry whenever such 
records may be required under an}^ of the provisions of this Supple- 
mentary Code, and shall furnish accurate reports based upon such 
records concerning any of such activities when required by the Sup- 
plementary Code Authority or the Administrator. If the Supple- 
mentary Code Authority or the Administrator shall determine that 
substantial doubt exists as to the accuracy of any such reports, so 
much of the pertinent books, records and papers of such member as 
may be required for the verification of such report ma}^ be examined 
by an impartial agency, agreed upon between the Supplementary 
Code Authority and such member, or, in the absence of agreement, 
appointed by the Administrator. In no case shall the facts disclosed 
by such examination be made available in identifiable form to any 
competitor, whether on the Supplementary Code Authority or other- 
wise, or be given any other publication, except such as may be re- 
quired for the proper administration or enforcement of the provisions 
of this Code. 

Section 7. — Ever}^ 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 Supple- 
mentary Code Authority to the Administrator within three months 
after the effective date of this Supplementary Code. 

Section 8. — All individual and private information received by 
the Agent of the Supplementary Code Authority from reports, or as 
a result of investigation, shall be held in strict confidence and not 
disclosed to any competitor or other persons outside the Agent's 
office, without the permission of the members of the Industry in- 
volved, except as provided in Section 5 (c) of this Article. Pro- 
vided, however, that such information may be disclosed to any 
authorized governmental agency. 

Section 9. — Nothing contained in this Supplementary Code shall 
constitute the members of the Supplementary Code Authority part- 
ners for any purpose, either as among themselves, or in connection 
with the agent of the Supplementary Code Authority. No member 
of the Supplementary Code Authority shall 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 the Agent of the 
Supplementary Code Authority be liable in any manner to anyone 
for any act of any member of the Supplementary Code or any other 
officer, agent, or employee thereof. No member of the Supplementary 
Code Authorit}^ nor the Agent of the Supplementary Code Au- 
thority, exercising reasonable diligence in the conduct of their duties 
hereunder, shall be liable to anyone for any action or omission to 
act under this Supplementary Code except for his own willful 
malfeasance or non-feasance. 

Section 10. — If the Administrator shall determine that any action 
of the Supplementary 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 



429 

for investi<i:ati()n of the merits of sneli action and further considera- 
tion by such Supplementary Code Authority or ajxenc}" pending final 
action which siuill not be etfective 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 Y — Rules of Fair Competition in Manufacturing and 

Marketing 

(Superseding all Trade Practices set forth in Article V of the Basic 

Code) 

Any member of the Industry who shall directly or indirectly 
through any officer, employee, agent, or representative, fail to comply 
with any of the following rules of Fair Competition in Manufactur- 
ing and Marketing shall be deemed to have violated this Supple- 
mentary Code. 

Rule A. — No products of the Industry, in whole or in part, shall 
be sold or exchanged or offered for sale or exchange at prices less 
than the seller's cost of such products; such cost to be based on a 
formula which shall be at least as detailed and complete as the prin- 
ciples of the formula to be prepared by the Supplementary Code 
Authorit}', and approved by the Administrator. Provided, how- 
ever, that if any member of the Industry desires to sell below his 
cost in order to meet competitive prices on articles of similar stjde, 
grade and/or specification filed in accordance with the provisions 
of this Section he shall first report to the agent of the Supple- 
mentary Code Authority and in such report cite the competition 
that would cause him to take such action. This revised price and/or 
condition of sale shall become effective immediateh^ upon receipt 
thereof by said agent. Immediately upon receipt thereof, said agent 
shall, by telegraph or by some other equally prompt means, notify 
said member of the time of such receipt; and provided further that 
the sale of obsolete products may be made by any member of the 
Industry upon notice of intention to do so., in writing, to the Supple- 
mentary Code Authority setting forth the facts and the reasons 
for such proposed disposal. If any member of the Industry shall 
within six (6) months after any such disposal, manufacture any 
product which he has classified as an obsolete product, the emergency 
sale of such jH'oduct below cost shall be deemed prima facie to have 
been in violation of this Supplementary Code. 

When the Supplementary Code Authority determines that an em- 
ergency exists in this Industry and that the cause thereof is de- 
structive price-cutting such as to render ineffective or seriously en- 
danger the maintenance of the provisions of this Supplementary 
Code, the Supplementary Code Authority may cause to be deter- 
mind the lowest reasonable cost of any or all of the products of 
this Industry, 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 prac- 
tice for any member of the Industiy to sell or offer to sell any prod- 



430 

ucts of the Industry for which the lowest reasonable cost has been 
determined at such jirices 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 Supplementary 
Code Authority, upon its own initiative or upon the request of any 
interested party, shall cause the determination to be reviewed. 

All members of the Industry shall, within ten (10) days after the 
effective date of this Supplementary Code, publish for the benefit of 
all interested parties and file with the Agent of the Supplementary 
Code Authority copies of their current price lists or price lists and 
discount sheets setting forth the prices and other terms and condi- 
tions of sale, at which they will sell the products of the Industry to 
the various classes of trade for resale. 

Revised price lists and/or discount sheets and/or all other condi- 
tions of sale may be filed from time to time thereafter with the Agent 
of the Supplementary Code Authority as above provided by any 
member of the Industry, to become effective ten (10) days after 
actual receipt by the Agent of the Supplementary Code Authority. 
Copies of such revised lists and/or discount sheets and/or all other 
conditions of sale, with notice of the effective date thereof, shall be 
immediately sent to all members of the Industry, and shall be avail- 
able to all interested parties ; and any member of the Industry may 
file, if he so desires, revisions of his price list and/or discount sheets 
ancl/or conditions of sale, which shall become effective at the date 
when the revised list first filed becomes effective. 

When filing price lists or price lists and/or discount sheets as set 
forth in this Section A, a sufficient number thereof shall be fur- 
nished to the Agent of the Supplementary Code Authority to enable 
him to supply a copy to each member of the Industry, and in addi- 
tion thereto, six (6) copies for the use of the Agent of the Supple- 
mentary Code Authority. All price lists, discount sheets, etc, shall 
at all times be available to all interested parties, except as qualified 
by the two following paragraphs. 

Prices shall not be quoted on products of new design or those in 
which fundamental changes have been made until a description of 
such new products or such changed products, together with the price 
at which such new or changed products will be sold, have been filed 
with the Agent of the Supplementary Code Authority. 

Said Agent shall not notify other members of the Industry of the 
proposed sale of such new or changed products for a period of thirty 
(30) days after prices on such new or changed products have been 
filed with him.^ 

Rule B. — No member of the Industry shall secretly offer or make 
any payment or allowance of a rebate, refund, commission credit, 
unearned discount or excess allowance, whether in the form of money 
or otherwise, nor shall a member of the Industry secretly offer or 
extend to any customer any special service or privilege not extended 
to all customers of the same class, for the purpose of influencing a 
sale, nor shall he withhold from or insert in any quotation or invoice 
any statement that makes it inaccurate in any material particular. 

* See paragraph 2 of order approving this Code. 



431 

Rule C. — No inenibor of the Industry shall defame or disparage a 
competitor, directly or indirectly, by words or acts which untruth- 
fully impugn his business integrity, his ability to keep his contracts, 
liis credit standing, or the (|uality of his products. 

Rule I). — Xo 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 E. — No member of the Industry shall give, permit to be 
given, or directlv offer 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, 
with or without the knowledge of such employer, principal, or party, 
]H-ovided, however, that nothing in this Section contained shall be so 
construed as to prohibit free and general distribution of articles 
commonly used for advertising except so far as such articles are 
actually used for commercial bribery as hereinabove defined. 

Rule F . — No member of the Industry shall falsely mark or brand 
any product of the Industry which has the tendency to mislead or 
deceive customers or prospective customers, whether as to the grade, 
quality, quantity, size, substance, character, nature, origin, finish, or 
preparation of any product of the Industry, or otherwise. 

Rule G. — No member of the Industry shall publish advertising 
(whether printed, radio, display or of any other nature), w^iich is 
misleading or inaccurate in any material particular, nor shall any 
member in any way misrepresent any goods (including but without 
limitation its use, trade mark, grade, quality, quantity, origin, size, 
substance, character, nature, finish, material, content or prepara- 
tion) or credit terms, values, policies, services, or the nature or 
form of the business conducted. 

Rule H. — No member of the Industry shall wilfully induce or at- 
tempt to induce the breach of existing 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 hamper- 
ing, injuring or embarassing competitors in their business. 

Rule I. — No member of the Industr}^ shall ship goods on con- 
signment. 

Rule J . — No member of the Industry shall sell, or offer to sell, 
any of the products of the Industry for resale with the privilege of 
return, except for defects. 

R%ile K. — In order to prevent discrimination and other unfair 
trade practices, a definite classification of trade shall be created as 
soon as ])racticable after the effective date of this Supplementary 
Code by the Supplementary Code Authority with the approval of 
the Administrator. 

Rule L. — No member of the Industry shall grant to any purchaser 
more favorable terms than two (2) percent for cash in ten (10) 
days, net thirty (80) days from date of invoice and date of invoice 
shall not be subsequent to date of shipment, with the following 
exceptions : 



432 

1. In cases where members of the Industry render numerous in- 
voices to a customer during- any month, those invoices dated from 
the 1st to the 15th of the month, inchisive, may be discounted on tiie 
25th of the same month, and those invoices dated from the 16th to 
the end of a month, inclusive, may be discounted on the 10th of the 
next following month. 

2. Sales to the retail trade may be accorded a net payment period 
of sixty (60) days. 

3. Invoices covering shipments of cooking stoves and ranges, as 
covered by this Supplementary Code, nuide during the months of 
September to March, inclusive, may carry a five (5) months' dating 
from date of shipment, but in no case may such deferred dating 
be extended beyond March 31st. 

4. Invoices covering shipments of lighting and heating devices, 
as covered by this Supplementary Code, made during the months 
of May, June, July, August and September, may be dated Sep- 
tember 30th. 

If sellers desire to permit anticipated cash discount payments on 
deferred dated invoices, as referred to in Clauses 3 and 4 above, 
they may do so at a rate not exceeding one-half (Yo) of one (1) 
per cent per month. 

Rule M. — No member of the Industry shall give any guarantee 
against decline in price, except as against the seller's own decline 
up to date of shipment. 

Rule N. — No member of the Industry shall give free goods, except 
as samples, or grant any advertising, catalog, sales promotion, or 
demonstration allowances in connection with the sale of liquid fuel 
appliances, not extended to all purchasers under like conditions and 
duly published. Provided, however that the restriction of this 
Section shall not apply to the furnishing of electrotypes of stock 
catalog pages or other advertising matter. 

Rule O. — No member of the Industry shall sell or offer for sale 
any distillate burner of sleeve type that does not meet the following 
specifications; provided, however, that where a manufacturer of such 
equi^oment desires to manufacture a burner of this type, with other 
materials than those specified, or desires to use a different combina- 
tion of parts than those specified, such manufacturer shall first apply 
to the Code Authority for permission to do so and he shall at the 
same time submit proof that the substitutions requested will offer 
to the consumer protection and service equivalent to that offered 
by a burner constructed as herein provided. The Code Authority 
will pass upon this petition. If denied, the applicant may apply to 
the Administrator for permission and the decision of the Adminis- 
trator shall be final. 

(a) The burner top ring top caps and sleeves shall have a thick- 
ness of not less than .026" and shall be made of an iron-chromium 
alloy with a chromium content of not less than 16-18 percent and a 
nickel content of not more than 1 percent, or alloys of equivalent 
heat resistance. Any alloy proposed for substitution for the one 
here specified shall have equivalent resistance to cluuige of shape at 
high temperature and to reaction with oxygen and sulphur. 

(b) The burner sleeves shall have a height of 4%" or more. 



A 



433 

(c) Other construction and material specifications must comply 
with the I^ntlerwriters' Laboratories' requirements as specified in 
their Code o!" April 1932 and amendments to June 1, 1933. 

(d) Distillate conversion burners (class 2) must include all of 
the followin*; component parts: 

Oil container and stand, hand control meterincr valve or valves, 
minimum of six feet of copper tubing 'inith sinfjle burners, and seven 
feet with multiple burners; suitable fittings; bases and supports, ap- 
proved wicking; sleeves; top rings; caps and the necessary bolts 
and screws for proper installation. 

(e) Quality of material, workmanship and packing must comply 
with the Underwriters' Laboratories' requirements as specified in 
thVir Code of April 1932 and amendments to June 1, 1933. 

Ride P. — Xo product under Class 2 of this Industry shall be sold 
by the manufacturer under a guarantee more favorable than the 
following : 

The manufacturer guarantees all parts of the equipment shipped 
under this guarantee for one year (and no longer) from date of 
installation thereof against defective material or workmanship (but 
not against damage caused by accident, abuse, or faulty installation) 
when the equipment is installed in accordance with the manufac- 
turer's specifications. 

Article VI — Export Trade 

No provision of this Supplementary Code relating to prices or 
terms of selling, shipping or marketing shall apply to direct export 
sales or to sales of any product destined ultimately for export or to 
sales of parts used in the manufacture of products for export. The 
term " export " shall include shipments to all points outside of the 
continental L'nited States, i^rovided, however, that no shipments to 
any territory or possession of the United States shall be considered 
an export when any member of the Industry is engaged in the In- 
dustry in such territory or possession. 

Article VII — Modifications 

1. As provided in subsection (b) of Section 10 of the Act, the 
President may from time to time cancel or modify any order, ap- 
])roval, license, rule, or regulation issued under Title I of said Act. 

2. This Supplementary Code, excei)t as to provisions required 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 Agent of the Su])plementary 
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 
approval by the Administrator. 

Article VIII — Withdrawal 

Upon ten (10) days' notice to the Supplementary Code Authority 
and to the Basic Code Authority and to the Administrator either 
Class 1 or Class 2 or both may, upon the concurring affirmative vote 



434 

of the members of such Class entitled to cast two-thirds or more of 
all the votes that might be cast by all such meml)ers within such 
Class entitled to vote thereon, withdraw from the jurisdiction of the 
Basic Code Authority and/or this Supplementary Code Authority; 
provided, however, that such withdrawal shall not become effective 
until such time as the particular class or classes shall be subject to the 
provisions of another approved code or codes. The eligibility of 
voters and the method and effect of such voting shall be in accord- 
ance with provisions of Section 1 of Article IV of this Supplemen- 
tary Code. Thereafter this Supplementary Code for such Class, to- 
gether with the provisions of this Supplementary Code except such 
portions as are not pertinent thereto, as determined by the Supple- 
mentary Code Authority and the Administrator, shall become ttie 
Supplementary Code governing the remaining Class if any, and its 
Supplementary Code Authority shall become and be the sole Code 
Authority and shall perform all the functions thereof with respect 
to this Code. 

Article IX — Monopolies 

No provision of this Supplementary Code shall be so applied as 
to permit monopolies or monopolistic practices, or to eliminate, op- 
press, or discriminate against small enterprises. 

Article X — Price Increases 

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

Article XI — Effective Date and Duration 

This Supplementary Code shall become effective at 12 : 01 o'clock 
A. M. on the tenth (10th) day after it is approved, 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. 53. 
Registry No. 1125-03. 



Approved Code No. 60 — Supplement No. 2 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

RETAIL CUSTOM FUR MANUFACTURING TRADE 

As Approved on September 25, 1934 



ORDER 



Approving Supplementary Code of Fair Competition for the 
Retail Custom Fur Manufacturing Trade 

A DIVISION OF the RETAIL TRADE 
SCHEDULE C 

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 Schedule 
'• C "' for the Retail Custom Fur Manufacturing Trade to the Code 
of Fair Competition for the Retail Trade, and hearings having been 
duly held thereon ; an opportunity to be heard having been afforded 
all members of said Trade and any objections filed having been duly 
considered, and the annexed report on said Schedule " C ", contain- 
ing findings with respect thereto, having been made and directed to 
the President : 

XOW, THEREFORE, on behalf of the President of the United 
States, I. Hugh S. Johnson, Administrator for Industrial Recovery, 
pursuant to authority vested in me by Executive Orders of the 
President, including Executive Order No. 6543-A, dated December 
30, 1933, and otherwise; do hereby incorporate by reference said 
annexed report and do find that said Schedule " C " complies in all 
respects with the pertinent provisions and will promote the policy 
and i^urposes of said Title of said Act; and do hereby order that 
said Schedule " C " be and it is hereby approved, subject however, 
to the foUowincr conditions : 

(1) The use of labels, provided in Article V, is hereby stayed 
except on newly manufactured garments sold directly to the 
customer. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended : 

Robert L. Houston, 

Division Administrator. 

"Washington, D.C, 

September 25, 1934. 

(435) 



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 Retail Custom Fur Manufacturing 
Trade conducted in the Carlton Room of the Carlton Hotel on Fri- 
day, December 15, 1933. This report also covers a Notice of Oppor- 
tunity to be Heard in objection to this Code prior to Tuesday, July 
31, 1934. The Supplemental Code which is attached was presented 
by a duly qualified and authorized representative of the Trade 
complying with the statutory requirements. 

THE TRADE 

The Division of Research and Planning in its report has quoted 
various estimates that this Trade has from two to five thousand 
firms. Due to the overlappings between this Trade and other Trades 
and due to the small size of many of the firms contained in it, it has 
been impossible to obtain an accurate estimate of the actual number 
of firms and the number of employees engaged in it. 

The members of this Trade are scattered all over the country in 
large cities and in small, roughly proportional to the population of 
the various towns. However, there are probably more fur firms per 
capita in the northern half of the country than in the southern, due 
to the greater demand for furs in cooler climates. 

This Trade is highly seasonal in nature due to the seasonal de- 
mand for fur garments. However, the opportunity to sell repairs 
on fur garments and storage service mitigates the intense seasonal 
variations in employment commonly experienced by the Fur Manu- 
facturing industry. 

While the employees in the Fur Manufacturing Industry and in 
this Trade find interchangeable opportunities for work in several 
of the large metropolitan centers, most of the employees working 
in this Trade operate in a very different manner than those of the 
Fur Manufacturing Industry with the result that the product per 
man-hour of employment in this Trade is less than in the organized 
centers of the Fur INIanufacturing Industry. 

SPECIAL LABOR COMMISSION 

From the day of the public hearing on this Code bitter contro- 
versy has been waged between various interests regarding the appro- 
priate labor provisions for this Trade. No compromise has ever 
been reached among the various groups of interests who attempted 
to draft a set of labor provisions. During the proceedings it became 
obvious that a scientific survey ought to be substituted for the heated 
assertions of the various groups. Therefore, it is provided in Ar- 

(436) 



437 

tide III, Section 1 that an impartial agency shall study the actual 
conditions in this Trade and report to the Administrator such facts 
and views as will help him in determining an equitable set of labor 
provisions for this Trade. Until such labor provisions are approved 
by the Administrator, the labor provisions of the Code of Fair Com- 
petition for the Retail Trade will apply. 

ADMINISTRATION 

The close relationship between the problems of this Trade and the 
remainder of the Fur Industries makes it essential that a National 
Code Authority exist to represent the Custom Furriers in the solu- 
tion of the common difficulties which beset the Fur Industries. 
However, the widely scattered nature of the individual units in this 
Trade makes the probable cost of local administration seem rather 
high. Therefore, the Code provides for national administration 
through a Code Authority for this Trade and local administration 
through the Local Code Authorities provided under the Code of Fair 
Competition for the Retail Trade. 

LABELS 

In accordance with the procedure adopted among the other Fur 
Industries for securing better compliance, this Trade has provided 
for the use of an N.R.A. label. Due to certain objections in the Trade 
which cannot at the present time be adjusted, it has been deemed 
advisable to limit the use of N.R.A. labels to custom garments newly 
made for the consumer pending a determination at some future date. 

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 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 use of the present productive capacity of indus- 
tries, by avoiding undue restriction oi 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 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 

93080—34 23 



438 

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 inequi- 
table 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 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, this Supplemental Code has been approved. 
KespectfuUy, 

Hugh S. Johnson, 

Administrator. 
September 25, 1934. 



SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE RE rAlL CUSTOM FUR MANUFACTURING TRADE 

A DIVISION OF THE RETAIL TRADE 
SCHEDULE C 

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 Retail Custom Fur Manufacturing 
Trade pursuant to Article XI, Section 6, of the General Code of 
Fair Competition for the Retail Trade, approved on October 21, 
1933. 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 Supi3lemental Code and made a 
part hereof. Such provisions of the General Code together with 
the supplementing provisions of this Code, are the standards of 
fair competition for and are binding upon every member of said 
Trade. 

Alrticle II — Definitions 

(Supplementing Article II of the General Code) 

Section 1. Trade. — ^The term " Trade " as used herein, shall mean 
(1) the servicing, cleaning, storing, acceptance for cleaning or stor- 
ing, repairing, altering and remodeling of fur articles directly for 
the consumer; (2) the manufacturing of fur articles to the order 
and/or special measure of the consumer. 

Section 2. Fur Articles. — The term " fur articles " as used herein, 
shall mean fur coats, fur scarfs, fur trimmings and kindred articles 
of wearing apparel made from furs and skins. 

Section 3. Envployees. — The term " employee " as used herein, 
shall include any and all persons engaged in the Trade, however 
compensated, except a member of the Trade. 

Section 4. Emfloyer. — The term " employer " as used herein, 
shall mean anyone by whom such employee is compensated or 
employed. 

Section 5. Merriber of the Trade. — The term " member of the 
Trade " as used herein, shall mean, but without limitation, any indi- 
vidual, partnership, association, corporation or other form of enter- 
prise engaged in the Trade as above defined, either as an employer or 
on his own or its own behalf. 

Section 6. xict and Achninistrator. — The terms "Act" and "Ad- 
ministrator " as used herein, shall mean, respectively, Title I of the 
National Industrial Recovery Act, and the Administrator for Indus- 
trial Recovery. 

(439) 



440 

Section 7. Neio York MetropolUan Area. — The term "New York 
Metropolitan Area " as used herein, shall be defined in accordance 
with the usage of the Bureau of the Census. 

Section 8. General Code. — The term " General Code " as used 
herein, is defined to mean the Code of Fair Competition for the 
Retail Trade. 

Article III — Labor Provisions 
(Supplementing Articles IV, V, VI of the General Code) 

Section T. New York Metropolitan Area. — The term " New York 
Section 7 of the Code of Fair Competition for the Fur Manufactur- 
ing Industry or such other agency as the Administrator may desig- 
nate, shall study labor conditions in the Trade and report not later 
than thirty (30) days after the effective date of this Supplemental 
Code, to the Administrator a schedule of recommended labor pro- 
visions for this Supplemental Code. 

Section 2. Until such labor provisions are approved by the Ad- 
ministrator, the labor provisions of the General Code shall apply. 

Article IV — Administration 

(Supplementing Article X of the General Code) 

Section 1. Local Retail Code Authority. — The Retail Custom Fur 
Manufacturing Trade is hereby designated a Division of the Retail 
Trade and may be represented as hereinafter specified on all Local 
Retail Code Authorities. Except as hereinafter expressly provided, 
the administration of the General Code and of this Supplemental 
Code shall be as provided in Article X of the General Code. 

Section 2. National Code Authority. — There is hereby created a 
National Code Authority for the Retail Custom Fur Manufacturing 
Trade, consisting of twelve (12) members, four (4) of whom shall 
be elected by the Members of the Trade located West of the 88th 
meridian West longitude, four (4) of whom shall be elected by the 
Members of the Trade located East of the 88th meridian West longi- 
tude, excepting the New York Metropolitan Area, and four (4) of 
whom shall be elected by the Members of the Trade located in the 
New York Metropolitan Area. The election of the twelve (12) 
members shall be in accordance with a plan to be approved by the 
Administrator. 

Section 3, Ad')ninistration Member. — In addition to memberships 
as above provided, there may be not more than three (3) members 
'^ithout vote, to be known as Administration Members, to be ap- 
pointed by the Administrator to serve for such terms as he may 
specify. 

Section 4. Representation on Local Retail Code Authority. — (a) 
The National Code Authority for the Retail Custom Fur Manu- 
fa,cturing Trade may, subject to the approval of the Administrator, 
provide for the appointment of not more than two (2) additional 
mei^bers, as representatives of the Trade, on any Local Retail Code 
Authority for the purpose of assisting in the administration of this 
Supplemental Code and of the General Code. 



I 



441 

(b) Provided, however, that upon application from the National 
Code Authority for the Retail Custom Fur Manufacturing Trade 
advising the Administrator that separate Local Code Authorities 
for the Trade are necessary to secure the effective administration of 
this Supplemental Code in metropolitan areas, the Administrator 
may authorize the formation of such Local Code Authorities at any 
time after the effective date of this Supplemental Code. Such 
seDarate Local Code Authorities shall assist in the Administration 
01 the General Code and of this Supplemental Code in such areas as 
may be placed within their jurisdiction. 

Section 5. Expenses. — The expenses necessary for agencies estab- 
lished pursuant to Article X of the Code of Fair Competition for 
the Retail Trade and pursuant to this Article insofar as borne by 
the Trade, shall be equitably assessed in accordance with the plan 
to be devised by the National Code Authority for the Retail Cus- 
tom Fur Manufacturing Trade in consultation with the National 
Retail Code Authority, Inc., and subject to the approval of the 
Administrator. 

Section 6. The National Code Authority for the Retail Custom 
Fur Manufacturing Trade herein created shall have all powers nec- 
essary to assist the Administrator in administering the provisions 
of this Schedule. 

Section 7. In order that the Supplementary Code Authority shall 
at all times be truly representative of this Trade 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 pro- 
visions of the Act, may require an appropriate modification of the 
Supplementary Code Authority. 

Section 8. If the Administrator shall at any time determine that 
any action of a Code Authority or any agency thereof may be unfair 
or unjust or contrary to the public interest, the Administrator 
may require that such action be suspended to afford an opportunity 
for investigation of the merits of such action and further considera- 
tion by such Code Authority or agency pending final action which 
shall not be effective unless the Administrator approves or unless 
he fails to disapprove after thirty (30) days' notice to him of 
intention to proceed with such action in its original or modified 
form. 

Section 9. The National Code Authority for the Retail Custom 
Fur Manufacturing Trade shall have the power to assent for the 
Trade to all modifications and amendments proposed to this Code. 

Article V — N.R.A. Labels 

Section 1. All fur articles cleaned, stored, repaired, altered, 
serviced, or accepted for any of the aforesaid purposes, or manu- 
factured or distributed, subject to the provisions of this Code, shall 
bear an N.R.A. label to symbolize to purchasers of said fur articles 
that the same are supervised and provided for under the Code of 
Fair Competition for the Retail Custom Fur Manufacturing Trade. 
Under the powers vested in the Administrator by Executive Order 
of October 14, 1933, and under grant of the necessary authority by 



442 

him, the Code Authority shall have the exclusive right in this Trade 
to issue and furnish said labels to the members thereof. Any and 
all employers may apply to the Code Authority for a permit to use 
such N.R.A, label, which permit to use the label shall be granted to 
them, but only if and so long as they comply with this Supplemental 
Code. The Code Authoritj^, subject to approval by the Adminis- 
trator, shall establish rules and regulations and appropriate machin- 
ery for the issuance of labels and the inspection, examination and 
supervision of the practices of employers using such labels in ob- 
serving the provisions of this Supplemental Code for the purpose 
of ascertaining the right of said employers to the continued use of 
said labels; of protecting jiurchasers in reh'ing on said labels; of 
insuring to each 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. 

Section 2. The charge made for such labels b}^ the Code Authority 
shall at all times be subject to supervision and orders of the Admin- 
istrator and shall be not more than an amount necessary to cover i 
the actual reasonable cost thereof, including actual printing, dis- 
tribution, and administration and supervision of the use thereof as 
hereinabove set forth. ^ 

Article YI — Trade Practice Rules 

(Supplementing Articles VIII and IX of the General Code) 



Section 1. No member of the Trade shall withhold from or insert 
in any quotation or invoice any statement that makes it inaccurate in 
any material particular. The trade name of any skin when it is not 
descriptive and not qualified b}" the true name of the skin, shall be 
deemed inaccurate in a material particular. 

Section 2. No member of the Trade shall brand or mark or pack 
any goods in any manner which is intended to or does deceive or mis- 
lead i^urchasers with respect to the brand, grade, quality, quantity, 
origin, size, substance, character, nature, finish, material content 
or preparation of such goods. 

Section 3. No member of the Trade shall publish advertising 
which refers inaccurately in any material particular to any com- 
petitor or his merchandise, prices, values, credit terms, policies or 
services. 

Section 4. No member of the Trade shall publish or circulate 
unjustified or unwarranted threats of legal proceedings which tend 
to harass or have the effect of harassing competitors or intimidating 
their customers. 

Section 5. No member of the Trade shall give, permit to be given, 
or directly 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, or the represented party 
without the knowledge of such employer, princii)al or party. This 
provision shall not be construed to prohibit 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. 



i 



443 

Section 6. No member of the Trade shall attempt to induce the 
breach of an existing contract between a competitor and his customer 
or source of supply; nor shall any member of the Trade interfere 
with or obstruct the performance of such contractual duties or 
services. 

Section 7. Each and every fur article cleaned by the solid or saw- 
dust method, commonly known as the furrier's method, shall have 
attached thereto, on a button, loop, or buttonhole, or in some other 
conspicuous place, a tag containing the statement, conspicuously 
printed, which shall indicate that the said fur article has been 
cleaned in such manner. The size of the tag and language to be 
employed for the aforesaid purpose, shall be regulated by the Code 
Authorit3^ 

Article VII — 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 subsection (b) of Section 10 of the Act, from time to time to 
cancel or modify any order, approval, license, rule, or regulation 
issued under Title I of said Act. 

Article VIII — Effective Date 

This Supplemental Code shall become effective ten (10) days after 
date of approval. 

Approved Code No. 60 — Supplement No. 2. 
Registry No. 911-1-14. 



Approved Code No. 84 — Supplement No. 54 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

FILE MANUFACTURING INDUSTRY 

As Approved on October 9, 1934 



ORDER 



Approving Supplementary Code of Fair Competition for the 

File Manufacturing Industry 

a drision 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 Industry, approved November 2, 1933, for approval of 
a Supplementary Code of Fair Competition for the File Manufac- 
turing Industry, and hearing having been duly held thereon; and 
the annexed report on said Supplementary 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said Supple- 
mentary Code complies in all respects with the pertinent provisions 
and will promote the policy and purposes of said Title of said Act; 
and does hereby order that said Supplementary Code of Fair Com- 
petition be and it is hereby approved; provided, however, that the 
provisions of Article VI be and they are hereby stayed pending fur- 
ther Order of such Board ; and provided further that the applicant 
shall amend its Articles of Association and By-laws to the satis- 
faction of the National Industrial Recovery Board within thirty 
(30) days after the effective date of this Supplementary Code. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Q-fjlcer. 

Approval recommended : 
Kilbourne Johnston, 

Acting Dimsion Administrator. 

Washington, D. C, 

October 9, 193If 

(445) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Supplementary Code of Fair Com- 
petition for the File 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, April 5, 1934, in accordance with the provisions 
of Title I of the National Industrial Recovery Act. 

GENERAL STATEMENT 

The File Manufacturing Industry, being truly representative of 
this Division of the Fabricated Metal Products Manufacturing and 
Metal Finishing and Metal Coating Industry, has elected to avail 
itself of the option of submitting a Supplementary Code of Fair 
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 or 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 consisting 
of five (5) members, to be elected by the members of the Industry 
at a meeting called by the Temporary Supplementary Code Au- 
thority, and gives the Administrator the authority to appoint one 
additional member without vote and provides machinery for obtain- 
ing statistics and the administration of the Supplementary Code. 

Article V provides for formulation of cost finding and accounting 
methods capable of use by all members of the Industry. When 
approved by the Administrator, such methods shall be utilized by 
the Industry to the extent found practicable. 

Article VI prohibits selling below cost as determined in accord- 
ance with Article V, except to meet a competitor's price whose costs 
are lower under Article V; and except that dropped lines and sec- 
onds may be sold without restriction; and except that after notice 

(446) 



447 

to the Supplementary Code Authority, products of the Industry may 
be sold below cost to meet competition on products of equivalent 
design, character, quality or specification manufactured outside the 
United States. 

Article VII provides for the filing of prices with a confidential 
and disinterested agent of the Supplementary Code Authority and 
also provides for the filing of revised prices. 

Article VIII sets forth the unfair trade practices of this Supple- 
mentary Code, observance of which is designed to mitigate unfair 
competition in this Division of the Industry. 

Article IX defines the term " export " to include shipments to 
countries other than continental United States, and states that pro- 
visions of this Supplementary Code concerning pricing and market- 
ing do not apply to export sales. 

Article X provides for modifications in accordance with subsec- 
tion (b) of Section 10 of the Act, and also for modifications on the 
basis of experience. 

Article XI provides against monopolistic practices and the 
oppression of, or discrimination against, small enterprises. 

Article XII recognizes that price increases be limited to actual 
additional increases in the seller's costs. 

Article XIII gives the effective date and duration of this Sup- 
plementary Code. 

FINDINGS 

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

"We 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 industiy for the purpose of cooperative action among the 
trade groups, by inducing and maintaining united action of labor 
and management under adequate governmental sanction and super- 
vision, by eliminating unfair comj)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 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 
association is an industrial association truly representative of the 
aforesaid Industry ; and that said association imposes no inequitable 
restrictions on admission to membership therein. 



448 

(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, The National Industrial Recovery 
Board approves this Supplementary Code. 
Respectfully, 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Offlcer. 
October 9, 1934. 



SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE FILE MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AN© 
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 File Manufacturing 
Industry, pursuant to Article VI of the Basic Code of Fair Competi- 
tion 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 pro- 
visions of this Supplementary Code shall be the standards of Fair 
Competition for such Industry and shall be binding upon every 
member thereof. 

Article II — Definitions 

The term " File Manufacturing Industry ", hereafter referred to as 
the Industry, is defined to mean the manufacture for sale of all types 
and shapes of files, including Swiss Pattern files, rasps, rifflers, 
scrapers, file brushes and handles, excepting manicure files, rotary 
files and burs. 

The term " employee " as used herein includes anyone engaged in 
the Industry in any capacity receiving compensation for his serv- 
ices, irrespective of the nature or method of payment of such com- 
pensation. 

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

The term " member of the Industry " as used herein includes, but 
without limitation, any individual, partnership, association, corpora- 
tion or other form of enterprise engaged in the Industry either as an 
employer or on his or its own behalf. 

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

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, 

The term " Supplementary Code Authority " as used herein, is 
defined to mean the agency to administer the Supplementary Code. 

The term " Supplementary Code Committee," as used herein is 
defined to mean the Executive Committee of the Association. 

(449) 



450 

The term "'Association " as used herein is defined to mean the File 
Manufacturers Association of the United States, or its successor. 

The term " Secretary " as used herein, is defined to mean the 
Secretary of the Supplementary Code Authority. 

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 2nd, 
1933, including Section I of said Article III, by which the provisions 
of subsection 1, 2 and 3 of Section 7 (a) of Title I of the Act are 
made conditions of this Code, are specifically incorporated herein 
and made 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 of the Industry shall constitute a Tem- 
porary Supplementary Code Authority until the Supplementary 
Code Authority is elected. There shall be constituted within the 
sixty-day period a Supplementary Code Authority consisting of 5 
members to be elected by the members of the Industry, at a meeting 
called by the Temporary Supplementary Code Authority, upon ten 
days' notice sent by registered mail to all members of this 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 following Annual 
Meeting of the Association, and thereafter, members of the Supple- 
mentary Code Authority shall be elected by the members of the In- 
dustry at a meeting of the Industry to be held at the time and place 
of each Annual Meeting of the Association to serve until the follow- 
ing Annual Meeting. 

The members of the Supplementary Code Authority shall be 
elected in the following manner : 

(a) One (1) member of the Industry who is not a member of the 
Association elected by majority vote of the non-members of the As- 
sociation, present in person or represented by proxy, each member 
to have one vote ; 

(b) Two (2) members who shall be members of the Industry 
elected by a majority vote of the members of the Association present 
in person or represented by proxy, each member to have one vote ; 

(c) Two (2) members by a 51% vote of members of the Associa- 
tion present in person or by proxy weighted on the basis of one (1) 
vote for $25.00 of Annual dues; provided, however, that no one 
membership may cast more than (25%) of the total number of votes 
authorized. 

A vacancy in the membership of the Supplementary Code Author- 
ity shall be filled by majority vote of the remaining members of the 
Supplementary Code Authority. Provided, however, that the mem- 



451 

ber of this Supplementary Code Authority who is chosen to fill such 
vacancy shall be selected irom the same class of membership in which 
the vacancy occurred. 

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 representative 
who may be appointed by the Administrator shall be given reason- 
able notice of, and may sit at all meetings of the Supplementary 
Code Authority. 

S\:cTiON 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 when made thereto, together with 
such other information as to membership, organization, and activi- 
ties as the Administrator may deem necessary to effectuate the 
purposes of the Act. 

Section 3. In order that the Supplementary Code Authority shall, 
at all times, be truly representative of the Industry and in other 
respects comply with the provisions of the Act, the Administrator 
may prescribe such hearings as he maj^ 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 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 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 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 Supplementary 
Code Authority, determined as hereinabove provided, and subject 
to rules and regulations pertaining thereto issued by the Admin- 
istrator. Only members of the Industry complying with the Sup- 
plementary Code and contributing to the expenses oi its Administra- 
tion as hereinabove provided, unless duly exempted from making 
such contributions, shall be entitled to participate in the selection 



k 



452 

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 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. 

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 
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 wilful 
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. If the administrator believes that any action of the 
Supplementary Code Authority, or any agency thereof, is unfair 
or unjust or contrary to 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 com- 
plained of, may be taken if approved by the Administrator but shall 
not be taken if disapproved by the Administrator within 30 days' 
notice to him of intention to proceed with such action. 

POWERS and duties 

Section 8. Subject to such rules and regulations as may be issued 
by the Administrator, the Supplementary Code Authority shall have 
the following powers and duties, in addition to \ho^. authorized by 
other provisions of this Supplementary Code. 

(a) To insure the execution of the provisions of ti'iis Supplemen- 
tary 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 pro- 
cedure in the administration of this Supplementary Code. 

(c) To obtain from members of the Industry such information 
and reports as are required for the administration of the Supple- 
mentary Code. In addition to information required to be sub- 
mitted to the Supplementary Code Authority, members of the In- 
dustry subject to this Supplementary Code shall furnish such sta- 
tistical 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 



453 

Supplementary Code shall relieve any member of the Industry of 
any existing obligation to furnish reports to any government agency. 
No individual report shall be disclosed, without consent in writing 
of the member making the report, to any other member of the In- 
dustry or to any one other than the Administrator or his duly au- 
thorized representative, 

(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 Supplementary 
Code Authority of its duties and 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 coor- 
dination of the administration of this Supplementary Code with 
such other codes, if any, as may be related to the Industry. 

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

(g) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
Codes as may be related to the Industry for the purpose of formulat- 
ing fair practices to govern the relationships between production 
and distribution employers under this Code and under such others 
to the end that such fair trade practices may be proposed to the 
Administrator as amendments to this Code and such other codes. 

(h) To provide appropriate facilities for arbitration of differ- 
ences between members of the Industry and, subject to the approval 
of the Administrator, to prescribe rules of procedure and rules to 
effect compliance with awards and determination. 

(i) 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 Supple- 
mentary Code Authority to the Administrator within three months 
after the effective date of this Code. 

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 
Supplementary 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, accounts, 
and records of such member of the Industry as may be required to 
verify the accuracy of the information so furnished. 

Section 10. To the extent permitted by 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 of alleged violations of this Supplementary Code filed 
with it by one member of this Industry against another member of 
the Industry. 

93080 — 34 24 



454 
Article V — Accounting and Costing 

The Supplementary Code Authority shall cause to be formulated 
methods of cost finding and accounting capable of use by all niem- 
bers of the Industry and shall submit such methods to the Adminis- 
trator for review. If approved by the Administrator, full informa- 
tion 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 
Authority, any agent thereof, or any member of this 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 — Selling Below Cost ^ 

No member of the Industry shall sell or exchange or offer to sell 
or exchange any product of the Industry at a price, or upon terms 
and conditions, which will result in the purchaser paying for the 
goods received less than the cost to the seller as determined on the 
basis of the principles outlined in the standard method of account- 
ing referred to in Article V, above ; provided that any member may 
meet the price competition of any other member whose costs under 
Article V are lower; provided further that over-stocks of discon- 
tinued lines and accumulations of seconds, of shapes and sizes not 
readily marketable, may be sold without restriction as to discount 
provided they are bona fide goods of these classes only ; and further 
provided, that any member of the Industry may, upon giving prior 
notice to the Supplementary Code Authority, sell below his costs 
in order that he may meet competition from products of equivalent 
design, character, quality, or specifications, manufactured outside the 
United States. 

Article VII — Open Price Filing 

Section 1. Each member of the Industry shall file with a confi- 
dential and disinterested agent of the Supplementary Code Authority 
an identified net price list or price lists and discount sheet including 
all other terms and conditions of sale for such products as the 
Supplementary Code Authority may prescribe. 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 
said agent. Immediately upon receipt thereof, said agent shall by 
telegraph or other equally prompt means notify said member of 
the time of such receipt. Such lists and revisions, together with the 
effective time thereof, shall upon receipt be immediately and simul- 
taneously distributed to all members of the Industry and to all of 
their customers who have applied therefor and have offered to defray 
the cost actually incurred by the Supplementary Code Authority 

* See paragraph 2 of order approving this Code. 



455 

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 in- 
stance shall not be released until the expiration of the aforesaid 
fifteen (15) days' period after the approval of this Supplementary 
Code. The Supplementary Code Authority shall maintain a per- 
manent 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 Administrator copies of any such lists or revisions of price 
terms. 

Section 2. When any member of the Industry has filed any re- 
vision, such member shall not file a higher price within forty-eight 
(48) hours. 

Section 3. No member of the Industry shall sell or offer to sell 
any products of the Industry for which price terms have been filed 
pursuant to the provisions of this Article, except in accordance with 
such price terms. 

Section 4. No member of the Industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 
price terms, nor cause or attempt to cause any member of the 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 VIII — Unfair Trade Practices 

Superseding all unfair trade practices set forth in Article V of 
the Basic Code, the following described acts shall constitute unfair 
practices. Any member of this Industry who shall directly, or indi- 
rectly, through any official, agent, or representative, fail to comply 
with any of the following rules of competition shall be deemed to 
have violated the Supplementary Code. 

Rule 1. No member of the Industry shall withhold from or insert 
in any invoice a false record, wholly or in part, of the transaction 
represented on the face thereof, or make payment or allowance of 
secret rebates, secret refunds, secret credits, unearned discounts 
(whether in the form of money or otherwise), or the extension to 
certain purchasers of prices, services, or privileges not extended to all 
purchasers under like condition. 

Rule 2. 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. 

Rule 3. 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 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 



456 

rewarding the action of any employee, agent, or representative of 
another in relation to the business of the employer of such employee, 
the principal of such agent or the represented party, without the 
knowledge of such employer, principal or party. This provision 
shall not be construed to prohibit free and general distribution of 
articles commonly used for advertising except so far as such articles 
are actually used for commercial bribery as hereinabove defined. 

Rule 5. No member of the Industry shall brand or mark or pack 
any goods in any manner which is intended to or does deceive or 
mislead purchasers with respect to the brand, grade, quality, quan- 
tity, size, substance, character, nature, finish, material, content or 
preparation of such goods. 

Rule 6. No member of the Industry shall publish advertising 
(whether printed, radio, display or of any other nature), which is 
misleading or inaccurate in any material particular, nor shall any 
member in any way misrepresent any goods (including but without 
limitation its use, trade mark, grade, quality, quantity, size, sub- 
stance, character, nature, finish, material, content or preparation) 
or credit terms, values, policies, services, or the nature or form of the 
business conducted. 

Rule 7. No member of the Industry shall cancel in whole or in 
part, or permit the cancellation in whole or in part of any contract 
of sale of any product, except for justifiable cause or a fair considera- 
tion, or unless approved by the Supplementary Code Authority. 

Rule 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 services by any such means, with the purpose and effect of 
hampering, injuring or embarrassing competitors in their business. 

Rule 9. No member of the Industry shall offer to give to any 
purchaser of any product any guaranty or protection in any form 
against decline after the date of shipment in the market price of 
such product. 

Rule 10. No member of the Industry shall make contracts for 
periods in excess of six months (all contracts to expire not later than 
the last days of June, or December) ; or quote on or make any 
contract more than thirty (30) days prior to the first day of the 
calendar period covered by the contract; or ship pursuant to any 
contract more than fifteen (15) days after the expiration thereof; 
or as soon thereafter as the member of the Industry can manufacture 
and ship the products of the Industry covered by the contract; or 
make contracts containing an option of extension or renewal on the 
part of either buyer or seller. 

Rule 11. No member of the Industry shall sell or offer to sell 
commodities other than products of this Industry, for the purpose of 
influencing a sale, at prices below the invoice price plus all incidental 
costs of such products. If and when the products of this Industry 
are sold in combination with products of other Industries, the invoice 
must clearly show the unit price for all articles listed. 

Rule 12. No member of the Industry shall offer or give terms of 
payment more favorable than thirty (30) days net or two (2) percent 
discount for payment on or before the tenth of the month following 



457 

month of invoice date, which shall in all cases be the same as 
shipping date. 

KuLE 13. No member of the Industry shall accept orders for 
broken packages unless an additional charge for special handling is 
made therefor. 

Rule 14. No member of the Industry shall to the best of his knowl- 
edge make any allow^ance for unjust claims, alleged shortages, break- 
age, damage, or on account of any other condition not actually 
existing. 

RuuE 15. No member of the Industry shall, from and after the 
effective date of this Supplementary Code, deliver any products of 
the Industry on consignment except under circumstances to be 
defined by the Supplementary Code Authority and approved by the 
Administrator where peculiar circumstances of the Industry require 
the practice. 

Article IX — Export 

The provisions of this Supplementary Code concerning pricing 
and marketing are not to apply to direct export sales of any product, 
or to sales of any product destined ultimately for export. The term 
" export '' shall include shipments to countries other than continental 
United States. 

Article X — Modification 

Section 1. This Supplementary Code and all the provisions thereof 
are expressly made subject to the right of the President, in ac- 
cordance 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, 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 on application to the Administrator by the 
Supplementary Code Authority or other representative group within 
the Industry, and such notice and hearing as he shall specify ; and to 
become effective as part of this Code on approval by the President. 

Article XI — Monopolies 

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

Article XII — Price Increases 

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



458 
Article XIII — Effective Date 

This Supplementary Code shall become effective 12 : 01 o'clock 
A. M. Eastern Standard Time on the tenth day after it is approved, 
and shall continue in effect until June 16, 1935, or the earliest date 
prior thereto on Avhich the President shall, by proclamation, or the 
Congress shall, by joint resolution, declare that the emergency 
recognized by Section 1 of the Act has ended. 

Approved Code No. 84 — Supplement No. 54. 
Registry No. 1149-1-06. 



EXECUTIVE ORDERS 



459 



EXECUTIVE ORDER 

Creation of the Textile Labor Relations Board, Etc. 

By virtue of and pursuant to the authority vested in me under 
title I of the National Industrial Recovery Act (ch. 90, 48 Stat. 195, 
title 15, U.S.C., sec. 701) and under joint resolution approved June 
19, 1934 (Public Resolution 44, 73d Cong.), and in order to effectuate 
the policy of said title and the purposes of the said joint resolution, 
it is hereby ordered as follows: 

Section 1. There is hereby created in connection with the Depart- 
ment of Labor a board to be known as the "Textile Labor Relations 
Board" (hereinafter referred to as "the Board") which shall be 
composed of the following three "special commissioners": Judge 
Walter P. Stacy of North Carolina, chairman; James A. MuUenbach 
of Illinois; and Admiral Henry A, WUey, United States Navy, retired. 
Each special commissioner shall receive necessary travelling and 
subsistence expenses and, except on such days as he receives compen- 
sation pursuant to Executive Order No. 6751, June 28, 1934, $40 
per diem in addition thereto. Two special commissioners shall 
constitute a quorum. A vacancy in the Board shall not impair the 
right of the remaining special commissioners to exercise all the powers 
of the Board. 

Sec. 2. The Board and/or such agencies as it may create or utilize 
in accordance with this order shall immediately investigate, hold 
hearings, make findings of fact, and take appropriate action in any 
case in wliich it is alleged that there has been discrimination in taking 
men back to work after the textile strike. 

Sec. 3. The Board is hereby authorized and directed, in connec- 
tion with the textile industry: 

(a) To create, utilize, or exercise its powers through such regional 
or special agents or agencies as it may deem necessary to carry out 
its functions; and 

(b) To exercise all the powers provided in Public Resolution 44, 
Seventy-third Congress, for a board established under said resolu- 
tion; and 

(c) On its own motion or on complaint of any party affected, to 
investigate, hold hearings on, and make findings of fact as to, any 
alleged violation of section 7 (a) of the National Industrial Recovery 
Act and such part of any code of fair competition or agreement as 
incorporates said section, and, if necessary, to refer such findings, 
with recommendations, to proper governmental agencies for appro- 
priate action; and 

(d) Upon request of the parties to a labor dispute, to act as a board 
of voluntary arbitration or to appoint a person or agency for such 
voluntary arbitration; and 

(e) To exercise such powers as may be conferred upon it by any 
code of fair competition. 



460 

Sec. 4. In connection with the codes of fair competition for the 
cotton textile, silk textile, and wool textile industries, the Board is 
hereby authorized and directed, on its own motion or on complaint 
of any party affected, to investigate, hold hearings on, and make 
findings of fact as to, any alleged violation of any provision of said 
codes relating to hours of work, rates of pay, or other conditions of 
employment, and, if necessary, to refer such findings, \vith recommen- 
dations, to proper governmental agencies for appropriate action. 

Sec. 5. The Board shall certify the results of all elections conducted 
by it or by its agents to parties concerned, and the person, persons, or 
organization certified as the choice of the majority of those voting 
shall be accepted, for the purpose of collective bargaining, as the 
representative or representatives of the emploj^^ees eligible to partici- 
pate in the election, without thereby denying to any individual or 
employee or group of employees the right to present grievances, to 
confer with their employers, or otherwise to associate themselves and 
act for mutual aid or protection. 

Sec. 6. (a) Appeals on questions of law in cases involving section 7 
(a) of the National Industrial Recovery Act and such part of any 
code of fair competition or agreement as incorporates said section 
may be taken from the Textile Labor Relations Board to the National 
Relations Board in cases in which (1) the Textile Labor Relations 
Board recommends review, or (2) there is a difference of opinion in 
the Board, or (3) the National Labor Relations Board deems review 
will serve the public interest. 

(6) Whenever the Board has taken or has announced its intention 
to take jurisdiction of any case or controversy authorized by this 
order, no other person or agency in the executive branch of the Gov- 
ernment, except upon the request of the Board or except as otherwise 
provided in the preceding subsection, shall take or continue to enter- 
tain jurisdiction of such case or controversy. Whenever the Board 
has made a finding of facts, or issued an order in any such case or 
controversy, such finding of facts and such order shall (except as 
otherwise provided in the preceding subsection or except as other- 
wise recommended by the Board) be final and not subject to review 
by any person or agency in the executive branch of the Government. 

Sec. 7. (a) The Board, with the approval of the National Labor 
Relations Board and the President, shall make and prescribe such rules 
and regulations as it may deem necessary for the exercise of the powers 
conferred in this order. 

(b) The Board shall make quarterly and annual reports through the 
National Labor Relations Board and the Secretary of Labor to the 
President. Such reports shall state in detail cases heard, decisions 
rendered, investigations made, and the names, salaries, and duties of 
all officers and employees appointed by it under the authority of this 
order and receiving compensation directly or indirectly from the 
United States. 

Sec. 8. The Bureau of Labor Statistics shall prepare a comprehen- 
sive report on the actual hours of employment, earnings, and worldng 
conditions in the textile industries. The Bureau shall also make an 
investigation on and a report of the different types of work performed 
by the various classes of labor in such industries, the actual wage 
rates paid for the various classifications of work, and the extent to 
which differential wage rates apply to different slolls. In accordance 



461 

with section 6 (c) of the National Industrial Recovery Act, and in 
order to furnish a basis for determining whether wage increases based 
upon reduction in hour? or otherwise can, under prevailing economic 
conditions, be sustained, the Federal Trade Commission shall under- 
take an investigation of, and report on, the labor costs, profits, and 
investments of companies and establishments in the textile industries, 
and make pertinent comparisons between the facts so ascertained and 
the changes in wages, hours, and extent of employment of workers in 
such industries. In order to expedite this inquiry, the Federal Trade 
Commission is directed to give it priority over any other general 
investigation. The Bureau of Labor Statistics and the Federal Trade 
Commission shall, at the earliest possible moment, make public the 
reports required by this section. Such public reports shall be so pre- 
pared that data confidentially furnished by a particular person, cor- 
poration, or establishment cannot be identified. 

Sec. 9. The Board of Inquir}^ for the Cotton Textile Industry 
created by Executive Order No. 6840 of September 5, 1934, the Cotton 
Textile N^ational Industrial Relations Board created by section XVII 
of the Code of Fair Competition for the Cotton Textile Industry, as 
amended July 10, 1934, and the Textile National Industrial Relations 
Board created by administrative order of June 28, 1934, are hereby 
abolished. 

Sec. 10. {a) In order to carry out this order, there is hereby allotted 
from the funds appropriated for the purposes of the National Recovery 
Act bv title II of the "Emergencv Appropriation Act, Fiscal Year 
1935," approved June 19, 1934 (Public, No. 412, 73d Cong.), $50,000 
to the Textile Labor Relations Board, to be expended under the direc- 
tion of the Secretary of Labor. After estimates have been submitted 
to me, further allotments from the same funds shall be made to the 
Textile Labor Relations Board to be expended under the direction of 
the Secretary of Labor; to the Federal Trade Commission; and to 
the Bureau of Labor Statistics. 

(6) The Board (with the approval of the Secretary of Labor), the 
Bureau of Labor Statistics, and the Federal Trade Commission shall 
have authority to incur such financial obligations and (without regard 
to the Civil Service laws, the Classification Act of 1923 as amended, 
or Executive Order No. 6746 of June 21, 1934) to appoint or assign such 
employees as they deem necessary for their functions and the functions 
of such agencies as the Board may create or utilize in accordance with 
this order. 

FRANKLIN D. ROOSEVELT. 

The White House, 

Washington, D.C. 

September 26, 1934. 

[No. 68581 



462 



EXECUTIVE ORDER 

Amending Executive Order No. 6770, Which Created the 
. Industrial Emergency Committee 

By virtue of the authority vested in me by the National Industrial 
Recovery Act, approved June 16, 1933, and to effectuate the purposes 
of said act, I hereby amend the Executive order of June 30, 1934, no. 
6770, creating the Industrial Emergency Committee, and the Ex- 
ecutive order of August 31, 1934, no. 6836, amending said order, to 
conform to the following orders: 

1. I hereby designate as the members of said Industrial Emergency 
Committee: 

The Secretary of the Interior 
The Secretary of Labor 

The Chairman of the National Industrial Recovery Board 
The Administrator of Agricultural Adjustment 
The Administrator of Federal Emergency ReUef 
The Director of the Committee, heretofore appoiiited by the 
President 

2. It shall be the duty of said Industrial Emergency Committee (1) 
to make recommendations to the President through its Director, with 
respect to problems of reUef, pubhc works, labor disputes and industrial 
recovery, together with allied problems of agricultural recovery; (2) 
to study and coordinate the handling of joint problems affecting these 
activities, and (3) to determine, with the approval of the President, 
the general policies of the Administration of the National Industrial 
Recovery Act. 

3. I hereby extend the leave of absence of Donald R. Richberg, as 
General Counsel of the National Recovery Administration until 
further order, with pay, in order that he may fulfill the duties of 
Director of said Committee and of Executive Secretary of the Execu- 
tive Council and Executive Director of the National Emergency 
Council and such further functions and duties as shall be prescribed 
by the President. 

FRANKLIN D. ROOSEVELT. 

The White House, 

September 27, 1934, 5 p.m. 

[No. 6860] 



463 



EXECUTIVE ORDER 

Creating The National Industrial Recovery Board 

By virtue of the authority vested in me by the National Industrial 
Recovery Act, approved June 16, 1933, and to effectuate the purposes 
of said act: 

1. I hereby appoint Clay Williams, A. D. Whiteside, Sidney Hill- 
man, Leon C. Marshall, and Walton Hamilton to serve as members 
of the National Industrial Recovery Board, which is hereby created 
to administer under my direction the provisions of title I of the 
National Industrial Recovery Act. 

2. I hereby appoint Blackwell Smith, legal adviser, and Leon 
Henderson, economic adviser, to said National Industrial Recovery 
Board. The legal adviser and economic adviser shall serve ex officio 
as members of said Board. 

3. The said Board is hereby authorized, subject to the general 
approval of the Industrial Emergency Committee (created, consti- 
tuted, and empowered by the Executive order of June 30, 1934, no. 
6770, and subsequent Executive orders amending said order) to 
promulgate administrative policies, to appoint, employ, discharge, 
fix the compensation, define the duties, and direct the conduct of the 
personnel necessary for its administration and to exercise all those 
powers heretofore conferred by Executive orders upon the Administra- 
tor for Industrial Recovery. 

4. The Board shall elect from its members a chairman and an 
executive secretary, both to serve at the pleasure of the Board and 
to perform such duties as may be prescribed by the Board, or by the 
President. 

5. Any previous orders concerning the subject matter hereof are 
hereby modified and amended so far as necessary to make this order 
fully effective. 

FRANKLIN D. ROOSEVELT. 
The White House, 

September 27, 1934, 4 P-fn. 

[No. 6859] 



ADMINISTRATIVE ORDERS 



465 



ADMINISTRATIVE ORDER NO. 308E-9 
Wages of Pickers, Extending Time to Report on 



ORDER, SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE 
BLUE CRAB INDUSTRY (A DIVISION OF THE FISHERY INDUSTRY) 
—GRANTING APPLICATION FOR EXTENSION OF TIME WITHIN 
WHICH TO COMPLY WITH THE PROVISIONS OF ARTICLE VIII, 
TITLE C, SECTION 1, PARAGRAPH (F) OF THE SUPPLEMENTARY 
CODE OF FAIR COMPETITION FOR THE BLUE CRAB INDUSTRY 
(A DIVISION OF THE FISHERY INDUSTRY) 

WHEREAS, an application has been made by the Executive 
Committee of the Blue Crab Industry for an extension of time within 
which to comply with the provisions of Article VIII, Title C, Section 
1, paragraph (f) of the Supplementary Code of Fair Competition for 
the Blue Crab Industry (a Division of the Fishery Industry): and 

WHEREAS, the Executive Committee of the Blue Crab Industry 
finds itself unable to comply with the said provisions of the Code 
within the time stated therein, and the Deputy Administrator concurs 
in such findings by report in writing to me, and it appears to my satis- 
faction that the extension of time hereinafter granted is necessary and 
wdll 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 study of the problems of remuneration of 
pickers provided for in Article VIII, Title C, Section 1, paragraph (f) 
of the Supplementary Code of Fair Competition for the Blue Crab 
Industry (a Division of the Fishery Industry) shall be made within 
ninety (90) days from August 12, 1934, and a report of the study shall 
forthwith be submitted to the Administrator, with recommendations. 

Hugh S. Johnson, 
Administrator Jor Industrial Recovery. 

By: G. A, Lynch, 

Administrative Officer, 
Approval recommended: 
Armin W. Riley, 

Division Administrator. 

September 17, 1934. 



93080—34 25 



466 



ADMINISTRATIVE ORDER NO. X-87 

Government Contracts and Contracts Involving the Use op 

Government Funds 



APPLICATION OF EXECUTIVE ORDER 6646 

Exception No. 46. September 17, 1934. 

Upon the Recommendation of the Post Office Department, 
Through the First Assistant Postmaster General 

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 the Order is hereby made: 
"Contract with the Union Railway Company of New 
York, in connection with the Bronx section of the New 
York postal district, for the fiscal year beginning July 1, 
1934, and ending July 1, 1935." 

Hugh S. Johnson, 
Administrator for Industrial Recovery, 



I 



467 



ADMINISTRATIVE ORDER NO. 43-33 

Order, Code of Fair Competition for the Ice Industry — Modi- 
fying Schedule of Minimum Prices for Sale of Ice in or 
INTO the Competitive Area Consisting of the Parishes of 
Orleans, Jefferson and Saint Bernard, Louisiana 

WHEREAS, under Administrative Order No. 43-22, approved 
by me on August 8, 1934, a schedule of minimum prices was estab- 
lished for the sale of ice in or into the competitive area consisting of 
the Parishes of Orleans, Jefferson and Saint Bernard, Louisiana, and 

WHEREAS, good cause has been shown to me and the Deputy 
Administrator has recommended that certain modifications of said 
schedule should be made in order to further effectuate the purposes 
of Title I of the National Industrial Recovery Act, 

NOW, THEREFORE, I, Hugh S. Johnson, Administrator for 
Industrial Recovery, pursuant to authority vested in me by Executive 
Order of the President and by Article XII of the Code of Fair Compe- 
tition for the Ice Industry as amended on April 24, 1934, and other- 
wise, do hereby order that said schedule be and it is hereby modified 
to the extent set forth in the schedule attached to this Order and 
made a part hereof; said modification to become effective on and 
after three days from the date of this Order. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

September 17, 1934. 



468 



MINIMUM PRICES FOR THE SALE OF ICE IN OR INTO 
THE COMPETITIVE AREA CONSISTING OF THE PAR- 
ISHES OF ORLEANS, JEFFERSON, AND SAINT BERNARD, 
LOUISIANA 



Wholesale 

(Wholesale to be defined to 
include sales of ice to be re-sold.) 



$3.60 per ton at platform in 
quantities of 600 pounds or 
more at one transaction. 

$5.60 per ton at platform in 
quantities of less than 600 
pounds. 

$3.60 per ton at manufactur- 
er's platform. 



$5.00 per ton delivered. 



Heavy Commercial " 

(Heavy Commercial defined to 
include sales of ice of 800 pounds 
or more at one transaction or one 
delivery at store or place of busi- 
ness, said ice for use in connec- 
tion with business of buyer, in- 
cluding but not restricted to 
restaurants, drug stores, hotels, 
railroads, dairies, grocery and 
meat stores, etc.) 

Light Commercial 

(Light Commercial defined to 
include sales of ice of less than 
600 pounds at one transaction or 
one delivery at store or place of 
business, said ice to be used in 
connection with business of buy- 
er, including same classes as 
heavy commercial.) 

Domestic ^36 cents per hundred pounds at 

(Domestic to include all salesi manufacturer's platform, 
to the family or domestic trade.)] 40 cents per hundred pounds, 

I delivered. 



$5.60 per ton at manufactur- 
er's platform. 



$7.00 per ton delivered. 



i 



469 



ADMINISTRATIVE ORDER NO. 43-34 

Code of Fair Competition for the Ice Industry — Declaration 
OF AN Emergency Within the Competitive Area Consisting 
OF the Boroughs of Manhattan, Bronx, Brooklyn and 
Queens in the City and State of New York, and Establish- 
ment 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. "When 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 whicli 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 pro- 
visions of this Code or seriously endanger the maintenance thereof, 
the Administrator may in such emergency exercise the following 
temporary and restricted remedial measures: 

"He may establish a schedule of minimum prices for natural and 
artificial ice, based upon the lowest reasonable cost of a representa- 
tive operation located within such competitive area as may be se- 
lected 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 wdtliin the competitive area 
defined and designated by him, no member of the ice industry shall 
sell or offer to sell any ice in or into such area, at a price or prices lower 
than established 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 N\dth 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 in or into such competitive area at a price 
or prices lower than those prescribed by the Administrator for such 
area, without first obtaining his approval." 

and, 

WHEREAS, pursuant to my Order of July 13, 1934, (Administra- 
tive Order No. 43-19) a public hearing was held on July 19, 1934, in 
the Borough of Manhattan, City and State of New York, for the 
purpose of determining a schedule of minimum prices for the sale of 
ice in or into the competitive area selected and determined in accord- 



470 

ance with said Order as consisting of the Boroughs of Manhattan, 
Bronx, Brooklyn and Queens in the City and State of New York. 

NOW, THEREFORE, I, Hugh S. Johnson, Administrator for 
Industrial Recovery, pursuant to authority vested in me by Article 
Xn 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 consist- 
ing of the Boroughs of Manhattan, Bronx, Brooklyn and Queens in 
the City and State of New York, and that the cause thereof is that 
the prices at which artificial ice has been sold therein have been 
reduced through destructive price cutting due to excessive over-pro- 
duction, 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 maintenance 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 ofier 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 ofi'ering 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 New York City 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, how- 
ever, to such revision and/or cancellation thereof, as during the period 
of this Order I, by my further orders, may direct; and 

IT IS FURTHER ORDERED that Byrnes MacDonald, 45 
Broadway, New York City, 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 men- 
tioned shall cause to be made an investigation of cost data in all ice 
plants in the Boroughs of Manhattan, Bronx, Brooklyn and Queens 
in the City of New York, 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 Plan- 
ning shall submit its analysis and figures to the Administrator. 

Hugh S. Johnson, 
Administrator Jor Industrial Recovery. 

Approval recommended: 

J. F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

September 17, 1934. 



471 



ADMINISTRATIVE ORDER NO. 362-8 

Order, Code of Fair Competition for the Photographic and 
Photo Finishing Industry — Extension of Time for Election 
of Permanent Code Authority 

Pursuant to the authority vested in me by Executive Orders of 
the President, including Executive Order Number 6543-A, dated 
December 30, 1933, and otherwise, 

UPON appHcation by the Temporary Code Authority of the above 
named Industry requesting additional time within which to comply 
with the provisions of Article VI, Section 2 (b) of the Code of Fair 
Competition for the Photographic and Photo Finishing Industry, as 
modified by my Order of May 31, 1934, which provisions as modified 
provide that the temporary Code Authority shall arrange for the 
election of the Code Authority not later than July 15, 1934, such 
Code Authority to take office not later than September 1, 1934, I, 
Hugh S. Johnson, Administrator for Industrial Recovery, do hereby 
grant said apphcation and do hereby order that, effective September 
1, 1934, the time in which the temporary Code Authority shall 
comply w^th said provisions as modified be extended until not later 
than November 15, 1934, and the time in which the Code Authority 
thus elected shall take office be extended to not later than Decem- 
ber 1, 1934, during which period the temporary Code Authority 
shall continue to serve as the Code Authority. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

September 18, 1934. 



472 



ADMINISTRATIVE ORDER NO. 130-11 
Approving a List of Hazardous Occupations 



September 18, 1934. 
Mr. Edward Sumnick, 

Secretary, Code Authority of the Precious Jewelry Producing 
Industry, 
608 Fifth Avenue, New York City. 

Dear Mr. Sumnick: The Administrator instructs me to acknowledge 
your letter of July 16, 1934, in which you submitted a list of hazardous 
occupations for the Industry. 

After examination of the list of hazardous occupations from which 
minors under eighteen years of age shall be excludined the Precious 
Jewelry Producing Industry, approval is hereby given. 

Very truly yours, 

Barton W. Murray, 

Division Administrator. 



473 



ADMINISTRATIVE ORDER NO. 3-30 

Order, Code of Fair Competition for the Wool Textile Indus- 
try — Granting Application of the Sub-Code Authority for 
THE Piece Goods Selling Division of the Wool Textile 
Industry for Exemption for All Members of the Division 
Insofar as They Are Engaged in Selling Upholstery Fabrics 
TO Automobile Manufacturers from Provisions of Articles 
II and III OF THE Rules of Practice and Merchandising for 
THE Piece Goods Selling Division of the Wool Textile 
Industry. 

WHEREAS, an application has been made by the above named 
applicant for an exemption for all members of the Piece Goods Selling 
Division of the Wool Textile Industry, insofar as they are engaged in 
selling of upholstery fabrics to automobile manufacturers, from the 
provisions of Articles II and III of the Rules of Practice and Mer- 
chandising for the Piece Goods Selling Division of the Wool Textile 
Industry; and 

WHEREAS, the Assistant 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 all members of the Piece Goods Selling Division 
of the Wool Textile Industry, insofar as they are engaged in the 
selling of upholstery fabrics to automobile manufacturers be and they 
hereby are exempted from said provisions of said Rules, pending my 
further order. 

Prentiss L. Coonley, 

Acting Division Administrator. 

Approval recommended: 

A. Henry Thurston, 

Assistant Deputy Administrator. 

September 18, 1934. 



474 



ADMINISTRATIVE ORDER NO. 315-7 
Approving a List of Hazardous Occupations 



September 19, 1934. 
Mr. W. J. Parker, 

Seci'etary, Industrial Safety Equipment Industry and Trade, 
7 East Uth Street, New York City. 

Dear Mr. Parker: The Administrator instructs me to acknowl- 
edge your letter of September 6, 1934, with which you submitted a 
list of hazardous occupations in the Industrial vSafety Equipment 
Industry and Trade. 

After examination of the Hst of hazardous occupations from which 
minors under eighteen years of age shall be excluded in the above 
industry and trade, I find that it is in order and hereby appro ve^the 
list as submitted. 

Very truly yours, 

Barton W. Murray, 
Division Administrator. 



475 



ADMINISTRATIVE ORDER NO. 91-7 
Approving a List of Hazardous Occupations 



September 19, 1934. 
Mr. Harry Meixell, 

Secretary, Code Authority, Piano Manufacturing Industry, 
45 West 45th Street, New York, N. Y. 

Dear Sir: The Administrator instructs me to acknowledge your 
letter of June 5, 1934 in wliich you submitted a list of Hazardous 
Occupations for the Industry. 

After examination of the list of Hazardous Occupations from wliich 
minors under eighteen years of age shall be excluded, in the Piano 
Manufacturing Industry, approval is hereby given, subject to the 
condition, however, that the "Exception" under item 19 B be de- 
leted from the list. 

Very truly yours, 

Barton W. Murray, 
Division Administrator. 



476 



ADMINISTRATIVE ORDER NO. 210-8 
Appr'oving a List of Hazardous Occupations 



September 19, 1934. 

Mr. Lewis C. Odell, 

Secretary, Code Authority, Pipe Organ Industry, 
1404 Jesup Avenue, New York City. 

Dear Sir: The Administrator instructs me to acknowledge your 
letter of August 14, 1934, in which you submitted a list of hazardous 
occupations for the industry. 

After examination of the list of hazardous occupations, in which 
minors under eighteen years of age shall be excluded in the Pipe 
Organ Industry, approval is hereby given. 

Very truly yours. 

Barton W. Murray, 
Division Administrator. 



477 



ADMINISTRATIVE ORDER NO. 471-8 
Approving a List of Hazardous Occupations 



September 19, 1934, 
Mr. W. J. Parker, Secretary, 

Code Authority of the Trailer Manufacturing Industry, 
7 East 44th Street, New York, N. Y. 

Dear Mr. Parker: The Administrator instructs me to acknowl- 
edge your letter of August 29, 1934, with which you submit list of 
hazardous occupations for the Industry. 

After examination of the list of hazardous occupations from which 
minors under eighteen years of age shall be excluded, approval is 
hereby given. 

Very truly yours, 

Barton W. Murray, 
Division Administrator. 



478 



ADMINISTRATIVE ORDER NO. 244P-4 
Partial Extension of Effective Date 



ADMINISTRATOR'S ORDER MODIFYING PROVISION IN APPROVAL 
ORDER OF SUPPLEMENTARY CODE OF FAIR COMPETITION 
FOR THE HEATING, PIPING AND AIR-CONDITIONING CONTRACT- 
ING DIVISION OF THE CONSTRUCTION INDUSTRY— CODE OF 
FAIR COMPETITION FOR THE HEATING, PIPING AND AIR- 
CONDITIONING CONTRACTING DIVISION OF THE CONSTRUC- 
TION INDUSTRY 

An application having been duly made, upon behalf of organizations 
whose membership will be affected thereby, for an extension of the 
time for holding a public hearing for review or reconsideration of the 
pro\dsions of Article I of the Supplementary Code of Fair Competition 
for the Heating, Piping and Air-Condi tioning Division of the Construc- 
tion Industry, as provided in Paragraph 2 of my Order of Approval of 
said Chapter Code, dated July 25, 1934, and the grounds for such 
applications appearing to me to be just and necessary: 

NOW, THEREFORE, on 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 #6543-A, 
dated December 30, 1933, and otherwise; do hereb}'- extend the sixty 
(60) day period provided in Paragraph 2 of my Order of Approval of 
said Chapter Code to a period of ninety (90) days after the effective 
date of said Chapter Code. 

Hugh S. Johnson 
Administrator for Industrial Recovery 

Approval recommended: 

J. F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

September 20, 1934. 



479 



ADMINISTRATIVE ORDER NO. 399-10 

Wage Interpretation for the Household Goods Storage and 

Moving Trade 



Name of Code: Household Goods Storage and Moving Trade Ap- 
proved Code No. 399. 

Applicant: State N. R. A. Compliance Director, Detroit, Michigan. 

Facts: Under a local agreement, van men and helpers in the above 
industry are being paid a union wage scale which is considerably 
above the minimum code wage. In a certain local establishment 
these men have been kept busy continually but it is conceivable 
that sooner or later, there will be certain idle periods during the 
day. The employer has offered these men the opportunity of work- 
ing in the warehouse during these off-periods at less than the union 
scale but at more than the minimum code wage. The van men and 
helpers have refused to perform this other work at less than the union 
scale for drivers and helpers. 

Question: In view of this refusal, must the emploj'er pay these men 
for idle time during the day if they are on the job available for 
work at his request? 

Interpretation: N. R. A. has consistently ruled that employees who 
are required to be on the employer's premises during certain hours 
of the day available for work must be paid for the entire time they 
are on the employer's premises subject to the employer's call for 
work. 

Approved: 

L. J. Martin, 
Chief, Compliance Division. 
Recommended: 

C. F. RUMELY, 

Chairman, Code Advice Committee. 

Washington, D. C, 

September 20, 1934. 



480 



ADMINISTRATIVE ORDER NO. U-3 

Approving a Specified List of Sheltered Workshops 



September 20, 1934. 
National Sheltered Workshop Committee, 

Washington, D. C. 

My Dear Sirs: The National Recovery Administration acknowl- 
edges receipt of the decision of the National Sheltered Workshop 
Committee and the questionnaires upon which action has been taken 
by the Committee for determination that certain institutions are 
"Sheltered Workshops." 

The National Recovery Administration ratifies your decision on the 
following institutions: 

Tennessee Commission for the Blind, 42nd and Charlotte Aves., 

Nashville, Tenn. 
Lackawanna Branch, Penna. Assn. for the Blind, 717-19-21 Mulberry 

St., Scran ton, Pa. 
Florida School for Deaf and Blind, St. Augustine, Fla. 
Syracuse Assn. of Workers for the Blind, Inc., 505 Catherine St., 

Syracuse, N. Y. 
Assn. for the Blind of S. C, Box 2, Confederate Ave., Columbia, S. C. 
Central Assn. for the Blind, Inc., 32 Bank Place, Utica, N. Y. 
Colorado Industrial Workshop for the Blind, 618 E. Arizona, Denver, 

Colo. 
Elmira Assn. for the Blind, 717 Lake St., Elmira, N. Y. 
Guilford Co. Assn. for the Blind, 210 E. Sycamore St., Greensboro, 

N. C. 
Clovernook Home for the Blind, Mt. Healthy, Ohio. 
Board of Industrial Aid for the Blind, 536 W. 30th St., Indianapolis, 

Ind. 
Lorain Goodwill Industries, 1745 Elyria Ave., Lorain, Ohio. 
Goodwill Industries of New York, 254 W. 124th St., New York, N. Y. 
Trov City Mission-Goodwill Industries, 155-157 River St., Troy, 

N. Y. 
Greater Tulsa Goodwill Industries, 1915 S. Phoenix, Tulsa, Okla. 
Goodwill Industries of Denver, 1130-31st St., Denver, Colo. 
Pueblo Goodwill Industries, 115 S. Albany St., Pueblo, Colo. 
Goodwill Industries of Oregon, 1729 NE 6th Ave., Portland, Oreg. 
Lowell Goodwill Industries, 85 French St., Lowell, Mass. 
Wabash Valley Goodwill Industries, 126 N. 5th St., Terre Haute, 

Ind. 
The Goodwill Industries, 4 Hazlett Court, Zanesville, Oliio. 
Goodwill Industries of So. California, 342 N. Main St., Los Angeles, 

Calif. 
Christ Mission Settlement, Reclamation Dept., 330 E. Boardman St., 

Youngstown, Ohio. 
Goodwill Industries of Philadelphia, 1427 Catherine St., Philadelphia, 

Pa. 
Goodwill Industries of So. California, 899 Third St., San Bernardino, 

Calif. 



481 

Goodwill Industries of San Francisco, 916-18 Howard St., San Fran- 
cisco, Calif. 

Grays Harbor Goodwill Industries, 822 E. Heron St., Aberdeen, Wash. 

Bridfjeport Christian Union, Inc., 786 Main St., Bridgeport, Conn. 

Lincoln-Lancaster Co. Goodwill Industries, Inc., 1010 Q St., Lincoln, 
Nebr. 

Goodwill Industries of Toledo, 614 Jackson St., Toledo, Ohio. 

Goodwill Industries of Brooklyn, Inc., 369 DeKalb Ave., Brooklyn, 
N.Y. 

Amesbury Branch, Merrimack Valley Goodwill Industries, Friend St., 
Amesbury, Mass. 

Goodwill Industries, 317 Felix St., St. Joseph, Mo. 

Nebraska Goodwill Industries, Inc., 906 N. 16th St., Omaha, Nebr. 

Illinois Goodwill Industries, Inc., 1730 N. 13th vSt., St. Louis, Mo. 

Haverliill Branch of Merrimack Valley Goodwill Industries, 14 Essex 
St., Haverhill, Mass. 

New Haven Goodwill Industries, 60 Beach St., New Haven, Conn. 

Lawrence Branch, Merrimack Valley Goodw^ill Industries, 119 Essex 
St., LawTcnce, Mass. 

Rehabilitation Clinic, 28 East 21st St., New York, N. Y. 

The Central New England Sanatorium, Inc., MUes Road, Rutland, 
Mass. 

Collier Foundation for the Care and Training of GMs, Rest HUl, 
Wickatunk, N. J. 

Provincial Convent of the Good Shepherd, North Bend Road, Elm- 
wood, P. O. Carthage, Ohio. 

House of the Good Shepherd, 931 Blair St., St. Paul, Minn. 

The Good Shepherd Assn. of Springfield, Mass., 584 Wilbraham Road. 

House of the Good Shepherd, Chew^ and Penn Sts., Germantown, 
Philadelphia, Pa. 

House of the Good Shepherd, 6724 Troost Ave., Kansas City, Mo. 

Sisters of the Good Shepherd, Broad and Bienville Sts., New^ Orleans, 
La. 

New York Catholic Protectory, 1900 E. Tramont Ave., New York, 
N. Y. 

House of the Good Shepherd, Clarks Summit, Pa. 

Convent of the Good Shepherd, 2214 Bank St., Louisville, Ky. 

House of the Good Shepherd, Reading, Pa. 

Convent of the Good wShepherd, 3801 Gravois Ave., Saint Louis, Mo. 

House of the Good Shepherd, 189 Eaton St., Providence, R. I. 

House of the Good Shepherd, 938 Highland Ave., Fort Thomas, Ky. 

Convent of the Good Shepherd, 1410 Richmond Ave., Houston, Tex. 

Convent of the Good Shepherd, "Villa Maria", 1315 Walker Ave., 
Gr^.nd Rapids, Mich. 

House of the Good Shepherd, 841 Huntington Ave., Boston, Mass. 

House of the Good Shepherd, 35th St. and Fairmount Ave., Phila- 
delphia, Pa. 

House of the Good Shepherd, Broad & Sandusky St., Columbus, Ohio. 

Our Lady of Grace Training School, 126 Sussex Ave., Morristown, N. J. 

Convent of the Good Shepherd, 1225 Peoples Avenue, Troy, N. Y. 

House of the Good Shepherd, N. 50th and Sunnyside Ave., Seattle, 
Wash. 

House of the Good Shepherd, 250 Hopkinson Ave., Brooklyn, N. Y. 

83080—34 26 



482 

House of the Good Shepherd, 150 Sisson Ave., Hartford, Conn. 
House of the Good Shepherd, 597 N. Dekum St., Portland, Greg. 
Angel Guardian Orphanage (Press), 2001 Devon Ave., Chicago, 111. 
Angel Guardian Orphanage (Florist Shop), 2001 Devon Ave., Chicago, 

111. 
House of the Good Shepherd, 40th and Jones Sts., Omaha, Nebr. 
Convent of the Good Shepherd, 2323 Court St., Sioux City, Iowa. 
House of the Good Shepherd, "Villa Loretto", Peekskill, N. Y. 
Seattle Goodwill Industries, Inc., 1400 Lane St., Seattle, Wash. 
Goodwill Home and Rescue Mission, 34-44 Eagles St., Newark, N. J. 
House of the Good Shepherd, 111 W. Raymond St., Indianapolis, Ind. 
Springfield Goodwill Industries, Inc., 139 Lyman St., Springfield, 

Mass. 
Chicago Lighthouse for the Blind, 3323 W. Cermak Road, Chicago, 

111. 
Pittsburgh Assn. for Improvement of the Poor, 428 Duquesne Way, 

Pittsburgh, Pa. 
Assn. for the Crippled and Disabled, 2233 East 55th St., Cleveland, 

Ohio. 
Institute for the Crippled and Disabled, 400 First Ave., New York, 

N.Y. 
Detroit League for the Handicapped, 316 E. Jefferson Ave., Detroit, 

Mich. 
Salvation Army-Men's Social Service Center, 323 Broadway, Okla- 
homa City, Okla. 
The Salvation Army, 1518 5th Ave., N., Birmingham, Ala. 
Salvation Army, 345 Luckie Street, Atlanta, Ga. 
Salvation Army Industrial Home, 925 S. Fremont Ave,, Baltimore, 

Md. 
The Salvation Army Industrial Home 1724 N. Ackard St., Dallas, 

Tex. 
Salvation Army Industrial Home, 330 E. Chestnut St., Louisville, Ky. 
Salvation Army, 2911 Magazine St., New Orleans, La. 
The Salvation Army Industrial Home, 915 McKee St., Houston, Tex. 
Salvation Army, 118 Clay St., Jacksonville, Fla. 
San Antonio Institution, Salvation Army, 311 E. Commerce St., 

San Antonio, Tex. 
Salvation Army Industrial Home, 1405 Commerce St., Fort Worth, 

Tex. 
Salvation Army Industrial Home, 102 Constitution Ave., Washington, 

D.C. 
The Salvation Army, 506 East Leigh St., Richmond, Va. 
Salvation Army, 64 East Hennepin St., Minneapolis, Minn. 

This approval by the N. R. A. grants to the above listed institutions 
the exemption provided for in Administrative Order X-9 of March 
9,1934. 

It is likewise your authorization to issue to said Sheltered Work- 
shops such labels as they may need bearing the N. R. A. Insignia, 
in accordance with the provisions of Administrative Orders X-28 and 
Z-81. 

Sincerely, 

Linton M. Collins, 
Acting Division Administrator, Division Eight. 



483 



ADMINISTRATIVE ORDER NO. 50-13 

Order, Further Staying Effective Date of Administrative 
Order No. 50-12 Approving the Proposed Basis of Cost 
Accounting System for the Automatic Sprinkler Industry 

WHEREAS, The Administrator for Industrial Recovery on 
August 24, 1934, signed Order No. 50-10 approving the Proposed 
Basis of Cost Accounting System for the Automatic Sprinkler Industry 
to be effective ten (10) davs from said date, and 

WHEREAS the said Order No. 50-10 provided that "said Basis 
of Cost Accounting System be and it is hereby approved, 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", and 

WHEREAS the Administrator for Industrial Recovery on Septem- 
ber 7, 1934, signed Order No. 50-12 stajdng the effective date of 
Administrative Order No. 50-10 for a period of fifteen (15) days, and 

WHEREAS objections which demand further time for consideration 
and deliberation have been filed bv certain interested parties, 

NOW, THEREFORE, I, Hugh S. Johnson, Administrator for Indus- 
trial 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 find that said further sta}^ complies 
in all respects with the pertinent provisions and will promote the 
policy and purposes of said Title of said Act, and it is hereby ordered 
that the effective date of said Order No. 50-12 be and it is hereby 
further extended for a further period of fifteen (15) days, in order 
that further opportunity to file objections may be afforded all inter- 
ested parties. This Order shall be effective as of September 18, 1934, 
termination date of Order No. 50-12. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

September 21, 193 Jf. 



484 



ADMINISTRATIVE ORDER NO. X-88 

Government Contracts and Contracts Involving the Use of 

Government Funds 



APPLICATION OF EXECUTIVE ORDER 6646 

Exception No. 45. September 21, 1934. 

Upon the Recommendation of the Department of State, 
Through the Procurement Division, Treasury Depart- 
ment. 

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 American Perforator Company in 
connection with repairs to legend machines for use by 
the consular service." 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 
Washington, D. C. 



485 



ADMINISTRATIVE ORDER NO. X-89 

Supplementing Administrative Order No. X-61 by Offering 
A Basic Code to Grocery Manufacturing Industries 

By virtue of the authority vested in me as Administrator for 
Industrial Recovery, and in order to further the purposes of Admin- 
istrative Order No. X-61, of July 10, 1934, it is hereby ordered 
that: 

1. The Code of Fair Competition for the Grocery Manufacturing 
Industries (annexed hereto and marked Exhibit "A") is offered to 
each grocery manufacturing industry not yet codified under the Act, 
in lieu of the Basis Code, and to each grocery manufacturing industry 
now codified under the Act, in lieu of its own code. 

2. If an application is made for said Code by any group truly 
representative of a grocery manufacturing industry and if there be 
no objection by any party in material interest after ten (10) days 
published notice to all concerned, such Code shall, without further 
hearing, reference to Advisory Boards or other administrative action, 
become effective ten (10) days after its approval by the Adminis- 
trator, in industries employing less than fifty thousand (50,000) 
persons, or by the President in all other industries. 

3. For the purposes of this Order, a grocery manufacturing indus- 
try is defined as follows: The manufacturing, processing, canning, 
packing, bottling and/or importing and sale by the manufacturer, 
processor, canner bottler, packer or importer of any one or related 
group of products commonly known as food and/or grocery products, 
except those products which are principally sold through other 
channels than the wholesale and retail grocery trades. 

4. Grocery manufacturing industries are exempted from Admin- 
istrative Order X-61. 

5. It is recognized that the policies of the Act can better be effec- 
tuated in the grocery manufacturing and distributing industries if 
all such industries are subject to codes of fair competition containing 
substantially comparable provisions. Accordingly, all uncodified 
grocer}' manufacturing industries which desire codification are re- 
quested to apply for this Code; and all codified grocery manufactur- 
ing industries are requested to consult the Administrator with a view 
to applying for this Code or adopting such modifications of their own 
codes as will result in such substantially comparable provisions. 

6. In accordance with the intention of paragraph 4 in Administra- 
tive Order X-61, hearings will be held as to any uncodified grocery 
manufacturing industry which has not applied for this Code within 
tliirty (30) days after the date hereof. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Order recommended: 

Armin W. Riley, 

Division Administrator. 

September 21, 1934. 



486 



Exhibit "A" 

CODE OF FAIR COMPETITION FOR THE GROCERY 
MANUFACTURING INDUSTRIES 

To effect the policies of Title I of the National Industrial Recovery 
Act, the following provisions are established as a basic Code of Fair 
Competition for the Grocery Manufacturing Industries, and its 
provisions shall be the standards of fair competition for every such 
industry and shall be binding upon every member of any one or more 
thereof, as hereinafter in Article I provided. 

Article I — -Application of Code 

Section 1, The provisions of this Code shall apply to the mem- 
bers of any grocery manufacturing industry upon approval by the 
Administrator, pursuant to Administrative Order No. X-89., of an 
application to him by any group truly representative thereof. The- 
Administrator may make such exemptions with respect to specific 
provisions herein as he may deem appropriate to avoid conflict with 
provisions in any separate approved Code of Fair Competition for 
such industry; and he may approve amendments hereto with respect 
to any grocery manufacturing industry. 

Article II— Definitions 

Section 1. As used herein: 

(a) Grocery Manufacturing Industry. — The terms "Grocery Manu- 
facturing Industry" and ''Industry" mean and include any industry 
as defined in an application and approval thereof by the Adminis- 
trator pursuant to Administrative Order No. X-89. 

(b) Grocery Manufacturer. — The term "grocery manufacturer" or 
"manufacturer" includes, but without limitation, any individual, 
partnership, association, corporation or other form of enterprise 
wholly or partially engaged in a grocery manufacturing industry^ 
either as an employer or on his or its own behalf. 

(c) Employee. — The term "employee" means any person engaged 
in a grocery manufacturing industry in any capacity and receiving 
compensation for his services (except a manufacturer or a broker) 
irrespective of the natm-e or method of payment of such compensation. 

(d) Employer. — The term "employer" means any person by whom 
any such employee is compensated or employed. 

(e) Outside salesman. — The term "outside salesman" means any 
salesman who is engaged not more than twelve (12) hours per week 
inside the establishment, or any branch thereof, of his employer and 
who does not regularly deliver merchandise. 

(f) Watchman. — The term "watchman" means any employee who 
is engaged during at least ninety per cent (90%) of his working hours 



487 

in watching and guarding the premises and property of any estab- 
lishment of a member of the industry. 

(g) Trade buyer. — The term "trade buyer" means any commercial 
buyer as distinguished from an ultimate consumer buyer. 

(h) President, Act and Administrator. — The terms "President", 
"Act" and "Administrator" mcfin, respectively, the President of 
the United States, Title I of the National Industrial Recovery Act, 
and the Administrator for Industrial Recovery. 

Sec. 2. Population and trade areas for the purposes of this Code 
shall be determined by reference to the latest Federal Census and 
metropolitan areas designated therein. 

Article III — Hours 

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

(a) The provisions of this Section shall not apply to employees 
engaged in managerial, executive, or supervisory capacities, regularly 
receiving not less than tliirty-five dollars ($35.00) per week, and 
outside salesmen. 

(b) Watchmen shall be permitted to work not in excess of fifty- 
six (56) hours in any week. 

(c) Engineers and firemen shall be permitted to work not in excess 
of forty-four (44) hours a week or in excess of nine (9) hours in any 
day. 

(d) Deliverymen, outside truck drivers and chauffeurs, shall be 
permitted to work not in excess of forty-eight (48) hours a week. 

(e) The provisions of this Section shaU not apply to employees 
engaged in emergency repair and emergency maintenance work 
involving breakdowns or protection of life and property; provided 
that in every such case employees engaged in such work shall be 
compensated at a rate of not less than one and one-third (1%) times 
their normal hourly rate for all hours worked in excess of the basic 
hours provided in this Article, 

(f) During any eight (8) weeks in each calendar year, employees 
may be permitted to work six (6) hours per week in excess of the 
foregoing maxima, provided they are paid at least one and one-third 
(1%) their normal rates of pay. 

Section 2. No employee shall be permitted to work more than six- 
(6) days in any seven (7) day period. 

Section. 3. All employees, except those enumerated in subsec- 
tion (a), Section 1 of tliis Article, shall be compensated at a rate of 
not less than one and one-tliird (IK) times their normal hourly rate 
for all hours worked on the following holidays: Christmas Day^ 
Thanksgiving Day, George Wasliington's Birthday, Labor Day, July 
Fourth, New Year's Day, and such other holidays as may be pro- 
claimed by the President of the United States. 

Article IV — Wages 

Section 1. No employee engaged in clerical, accounting or other 
office work shall be paid less than at the rate of: 

Sixteen dollars ($16.00) per week in cities of over 500,000 popula- 
tion or in the immediate trade area thereof; 



488 

Fifteen dollars ($15.00) per week in cities between 250,000 and 
500,000 population or in the immediate trade area thereof; 

Fourteen dollars ($14.00) per week in other places; except that 
office boys and messengers may be employed at a rate of not less than 
two dollars ($2.00) below the above minima; provided that where 
any employees are classified and compensated as office boys or mes- 
sengers not more than five per cent (5%) of all office employees shall 
be so classified and compensated, except that each establishment 
may employ at least one office boy or messenger at such rates. 

Section 2. No watchman shall be paid less than at a rate of 
eighteen dollars ($18.00) per fifty-six (56) hour week. 

Section 3. No employee, other than those covered in Sections 1 
and 2 of this Article, shall be paid at a rate of less than forty cents 
(40^) per hour; except that such employees may be paid at a rate of 
not less than thirty-five cents (35^) per hour in Virginia, North Caro- 
lina, South Carolina, Tennessee, Alabama, Georgia, Florida, Missis- 
sippi, Louisiana, Texas, Arkansas, Oklahoma, Kentucky. 

Section 4. Employees engaged in light work commonly performed 
by female operatives may be paid at rates not less than five cents 
{bi) per hour below the respective minima established in Section 3 
of this Article. 

Section 5. Female employees performing substantially the same 
work as male employees shall receive the same rates of pay as male 
employees ; and where they displace male employees they shall receive 
the same rates of pay as the male employees displaced. 

Section 6. This Code establishes a minimum rate of pay which 
shall apply, irrespective of whether an employee is actually compen- 
sated on a time rate, piece work, or other basis. 

Section 7. (a) In the event the normal full time weekly working 
hours of any employee shall, under the provisions of this Code be 
reduced by not more than sixteen and two-thirds per cent (16%%) 
under the normal full time weekly working hours worked by said 
employee during the period from January 1, 1933, to May 1, 1933, 
the wages of said employee shall not be reduced below the normal 
full time weekly wage paid said employee during said period from 
January 1, 1933, to May 1, 1933. 

(b) In the event the normal full time weekly working hours of any 
employee shall, under the provisions of this Code, be reduced by more 
than sixteen and two-thirds per cent (16%%) under the normal full 
time weekly working hours worked by said employee during the period 
from January 1, 1933, to May 1, 1933, the wages of said employee 
shall not be reduced below the normal full time weekly wage paid said 
employee during said period from January 1, 1933, to May 1, 1933, 
by more than one-half {){) of the percentage of hourly reduction in 
excess of said sixteen and two-thirds percent (16%%). 

(c) In no case shall hourly wage rates be reduced. 

Section 8. Wages shall be exempt from fines and rebates; and from 
charges or deductions, except charges and deductions for employees' 
contributions, voluntarily made by employees, or required by law, 
for pension, insurance or benefit funds. No employer shall withhold 
wages except upon service of legal process or other papers lawfully 
requiring such withholding. Deductions for other purposes not 
heretofore stated may be made only when the contract is in writing 



489 

and is kept on file by the employer for at least six (6) months after 
the completion of the contract. 

Section 9. Employees shall make payment of all wages in lawful 
currency or by negotiable checks payable on demand, All contracts 
of employment shall prescribe payment of wages at least ev^ery two 
(2) weeks. 

Section 10. A person whose earning capacity is limited because 
of age or 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 desig- 
nated by the United States Department of Labor, a certificate author- 
izing such person's employment at such wages and for such hours as 
shall be stated in the certificate. Each employer shall file monthly 
with the Code Authority a list of all such persons employed by liim, 
showing the wages paid to, and the maximum hours of work for such 
employee. 

Article V — General Labor Provisions 

Section 1. No person under sixteen (16) years of age shall be 
employed in the industries. No person under eighteen (18) years of 
age shall be employed at operations or occupations which are hazard- 
ous in nature or dangerous to health. The Code Authority shall 
submit to the Administrator within ninety (90) days after the effec- 
tive date of tliis Code a list of such operations or occupations. In 
any jurisdiction an employer shall be deemed to have complied with 
tliis provision as to age if he shall have on file a certificate or permit 
duly signed by the authority in such jurisdiction empowered to issue 
employment or age certificates or permits showing that the employee 
is of the required age. 

Section 2. Employees shall have the riglit 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 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. 

Section 4. Employers shall comply with the maximum hours of 
labor, minimum rates of pay, and other conditions of employment, 
approved or prescribed by the President. 

Section 5. No employee now employed at a rate in excess of the 
minimum shall be discharged and re-employed at a lower rate for the 
purpose of evading the provisions of this Code. 

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

Section 7. No employer shall knowingly permit any employee to 
work for a total number of hours in excess of the number of hours 
prescribed for liis occupation for each week and day whether employed 
by one or more employers. 



490 

Section 8. No employer shall reclassify employees, or reclassify 
the duties or occupations performed by them, or change the method 
of compensation of employees, or engage in any subterfuge which 
tends to or will defeat the purpose or provisions of the Act or of this 
Code. 

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 the Code 
Authority to the Administrator witliin tliree (3) months after the 
effective date of tliis Code. 

Section 10. All employers shall post and keep posted copies of this 
Code in conspicuous places accessible to all employees. Every mem- 
ber of the industries shall comply with all rules and regulations relative 
to the posting of provisions of Codes of Fair Competition wliich may 
from time to time be prescribed by the Administrator. 

Article VI — Organization, Powers and Duties of Code 

Authorities 

part a — organization and constitution 

Section 1. Immediately upon the approval by the Administrator 
of an application, pursuant to Article I, Section 1, of the Code, a 
Code Authority shall be constituted for the applicant grocery manu- 
facturing industry. 

Section 2. Each such Code Authority shall consist of the number 
of members specified in the application for tliis Code by the industry 
for which it is to be constituted; and the members shall be grocery 
manufacturers engaged in such industry and shall be selected in the 
following manner: 

(a) Witliin fifteen (15) days after the approval of such application 
the applicant trade association or group shall institute an election of 
the members of the Code Authority for such industry. If candidates 
are nominated by such trade association or group, due consideration 
shall be given to the proportion of grocery manufacturers who are 
members and who are non-members of the trade association or group. 
Members so elected shall hold office for one (1) year or until their 
successors are elected as hereinafter provided. Vacancies in member- 
ship of a Code Authority shall be filled for unexpired terms by the 
remaining members of such Code Authority subject to the approval of 
the Administrator. 

Each grocery manufacturer engaged in such industry shall be 
entitled to one (1) vote for each member to be elected to the Code 
Authority, and may cast all votes for one person. At each election 
the voting may be in person, by proxy, or by letter. 

(c) Any grocery manufacturing industry subject to the provisions 
•of this Code may, under such rules and regulations as the Adminis- 
trator shall prescribe, change the method of selection of its Code Au- 
thority as provided for in this Section, and such modified method of 
selection shall be followed in all subsequent elections for the Code 
Authority of such industry. 

Section 3. In addition to membership as above provided there 
may be on each individual Code Authority from one (1) to three (3) 
members, without vote, to be known as Administration Members 



491 

to be appointed by the Administrator to serve for such terms as he 
may specify without expense to the industry. 

Section 4. Each trade or industrial association or group directly 
or indirectly participating in the selection or activities of any 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. 

Section 5. In order that each Code Authority shall at all times be 
truly representative of its individual 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 Code Authority in question is not truly representative 
or does not in other respects comply with the provisions of the Act, 
mav require an appropriate modification of such Code Authority. 

Section 6. Nothing contained in this Code shall constitute the 
members of any Code Authority, herein provided for, partners for 
any purpose, nor shall any member of any such Code Authority be 
liable in any manner to anyone for any act of any other member, 
officer, agent or employee of such Code Authority. Nor shall any 
member of such 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 7. In addition to the individual industry Code Authorities 
provided for in section 1 of this Article, there shall be constituted a 
National Food and Grocery Manufacturing Advisory Board con- 
sisting of one member to be selected by each individual industry 
Code Authority from its industiy. In addition to the membership as 
above provided, the Administrator may appoint not more than five 
(5) members without vote to serve for such time as he may specify. 

(a) The National Food and Grocery Manufacturing Advisory 
Board shall be an advisory planning and coordinating agency within 
the meaning of the Act for all grocery manufacturing industries to 
which all common matters may be referred for advice. 

(b) The National Food and Grocery Manufacturing Advisory 
board shall appoint a representative or representatives to serve on a 
Food and Grocery Industry Conference Committee to be composed 
of representatives from food and grocery wholesalers, retailers, and 
manufacturers. The Food and Grocery Industry Conference Com- 
mittee may act as planning and coordinating agency wdthin the mean- 
ing of the Act for the entire food and grocery trade. 

Section 8. If the Administrator shall at any time determine that 
anj" action of any individual Code Authority or any agency thereof or 
of the Advisory Board may be unfair or unjust or contrary to the 
pubUc 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 or Advisory Board pending final action which shall not be 
effective unless the Administrator approves or unless he shall fail to 
disapprove after thirty (30) days' notice to him of intention to pro- 
ceed with such action in its original or modified form. 



492 



PART B POWERS AND DUTIES 



Section 1. Subject to such rules and regulations as may be issued 
by the Administrator, each Code Authority as provided for herein 
shall have the following powers and duties with respect to the grocery 
manufacturing industry selecting it 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 grocery manufacturers such information and 
reports as are required for the administration of the Code. In addi- 
tion to information required to be submitted to the Code Authority, 
grocery manufacturers 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 reheve any grocery 
manufacturer of any existing obligations to furnish reports to any 
Government agency. No individual report shall be disclosed to any 
other grocery manufacturer 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 reUeve the Code Authority of its 
duties or responsibilities under this Code and that such trade associa- 
tions and agencies shall at all times be subject to and comply with the 
provisions hereof. 

(e) To make recommendations to the Administrator and the 
National Grocery Manufacturers Advisory Board for the coordina- 
tion of the administration of this Code and such other codes, if any,, 
as may be related to or affect members of the industries. 

(f) 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 poUcy of the act, each such 
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 grocery manufacturers; 

(c) 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 grocery manufacturers, 
and to that end, if necessary, to institute legal proceedings there- 
for in its own name. 

2. Each grocery manufacturer shall pay his or its equitable con- 
tribution to the expenses of the maintenance of its individual Code 



493 ' 

Authority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the Administrator. 
Only grocery manufacturers 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 
entitled 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. 

3. Each 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. 

(g) To delegate to the National Food and Grocery Manufacturing 
Advisory Board any or all of its powers and duties under this Code 
as now constituted or hereafter amended. 

(h) To recommend to the Administrator any action or measure 
deemed ad\asable including further fair trade practice provisions to 
govern its grocery manufacturers in relation with, each other or with 
other industries; measures for industrial planning and stabilization 
of employment, and including modifications of this Code pertaining 
to its particular grocery manufacturing industry which shall become 
effective as part hereof upon approval by the Administrator after 
such notice and hearing as he may specify. 

Article VII^ — Unfair Methods of Competition 

Section 1. Open Price. — (a) No grocery manufacturer shall offer 
to sell, contract to sell, or sell (except pursuant to a mutually ir- 
revocable contract to sell not in violation of this Code when entered 
into) any product to a trade buyer except upon the basis of an open 
price which is strictly adhered to while effective. The term "open 
price" as used in this Section means a price list (a) which is published 
or available for the equal information of all trade bu3^ers (actual and 
solicited) alike located in the same competitive market area, and (b) 
which declares all the manufacturer's prevailing prices, discounts, 
rebates, allowances, and all other terms or conditions for the sale of 
such product. 

(b) No grocery manufacturer shall make or permit to be made any 
direct or indirect price concession to a trade buyer. The term 
"direct or indirect price concession" means any variation from the 
manufacturer's open price, whether by means of a rebate, allowance, 
payment, free deal, gift, brokerage or by any other means whatsoever. 

(c) This Section shall not apply to sales of commodities customarily 
sold in bulk on a bid-and-asked basis in open competitive buying; 
nor to sales for charitable or relief purposes. 

Section 2. Unearned Service Payment. — No grocery manufacturer 
shall designate as an "advertising allowance", a "promotion allow- 
ance" or by a similar term, any price reduction, discount, bonus, 
rebate, concession, or other form of allowance, or any consideration 
for advertising or promotion services offered or given by him to any 
customer. 



. 494 

No grocery manufacturer shall offer or give any consideration merely 
for "pushing", "advertising", or otherwise than for definite and 
specific advertising or promotion services. Such consideration shall 
be given only pursuant to a separate written contract therefor, which 
contract shall specifically and completely set forth the advertising 
or promotion services (in such manner that their specific character 
may be understood by other members of the industry and their 
customers) to be performed by the recipient of said consideration, the 
precise consideration to be paid or given therefor by said manufacturer, 
the method of determining performance, and all other terms and 
conditions relating thereto. 

No grocery manufacturer shall offer or give any such consideration 
unless it is equally available for the same service to all competitive 
buyers in the same competitive market, and unless a copy of the 
written contract therefor is retained on file for a period of sixty (60) 
days after the expiration thereof and in no event for less than one 
(1) year. In order to investigate an alleged violation of this Code, 
the Administrator may require a grocery manufacturer to report any 
such contract made by him and/or to produce a copy thereof for in- 
spection. 

Section 3. Destructive Price Cutting. — Wilfully destructive price 
cutting is an unfair method of competition and is forbidden. Any 
grocery manufacturer or member of any other industry or the custom- 
ers of either may at any time complain to the appropriate Code 
Authority that any published price constitutes unfair competition 
as destructive price cutting imperiling small enterprises or tending 
toward monopoly or the impairment of code wages and working con- 
ditions. Such Code Authority shall within five (5) days afford an 
opportunity to the manufacturer publishing 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 recom- 
mendation thereon to the Administrator. 

Section 4. Quantity Price. — No grocery manufacturer shall offer 
or make a quantity price unless it is based upon and reasonably 
measured by a saving resulting from a substantial difference in the 
quantity sold and delivered. 

Section 5. Unearned Discount for Cash. — No grocery manufacturer 
shall allow a discount for cash which is not earned by payment in 
accordance with the cash discount terms specified in his open price list. 

Section 6. Payment or Diversion of Brokerage. — No grocery manu- 
facturer shall pay or permit to be paid a brokerage or commission to 
a trade buyer. 

Section 7. Fraudulent Prizes or Premiums. — No grocery manufac- 
turer shall ofl'er or give prizes, premiums, or anything of value by any 
of the following methods: 

(a) In ways which involve lottery in any form, the term "lottery" 
as used herein including but without limitation, any plan or arrange- 
ment whereby the premium offered involves the element of chance 
and/or differs substantially and inequitably in value from buyer to 
buyer of the same quantity and/or distribution class; 

(b) In ways which involve misrepresentation or fraud or deception 
in any form, including, but without limitation, the word "free"^ 



495 

• 

"g-ift", "gratuity" or language of similar import in connection with 
the giving of premiums for the purpose or with the effect of misleading 
or deceiving buyers; 

(c) By giving premiums to any buyers when such premiums are 
not offered to all customers of the same class in the trade area. 

Section 8. Unfair Substitution. — No grocery manufacturer shall 
substitute \nthout due notice and consent of a trade buyer another 
product for that ordered from him. 

Section 9. Commercial Bribery. — 'No grocery manufacturer shall 
give, permit to be given, or dii'ectly offer to give, anything of value 
for the purpose of influencing or rewarding the action of any employee, 
agent, or representative of another in relation to the business of the 
employer of such employee, the principal of such agent or the repre- 
sented party, without the knowledge of such employer, principal, or 
party. This provision shall not be construed or prohibit free and 
general distribution of articles commonly used for advertising except 
so far as such articles are actually used for commercial bribery as 
hereinabove defined. 

Section 10. False Label or Advertisement on Container. — No 
grocery manufacturer (a) shall sell a product falsely or deceptively 
labeled or marked; or (b) falsely or deceptively advertise a product; 
or (c) use a deceptive container or give short weight or measure or 
count. 

Section 11. Unfair Interference with Competitors' Business. — No 
grocery manufacturer shall unfairly interfere with a competitor's 
business, by uttering false statements about his business or by un- 
fairly disparaging his business or products or by inducing a breach 
of liis contracts. 

Article VIII — Modification 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provisions of subsection (b) of Section 10 of the Act, from time to 
time to cancel or modify any order, approval, license, rule, or regula- 
tion 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 Ad- 
ministrator, be modified or eliminated in such manner as mav be 
indicated by the needs of the public, by changes in circumstances, or 
by experience. 

Article IX — Monopolies 

No provision of this Code shall be so applied as to permit monopo- 
lies or monopolistic practices, or to eliminate, oppress, or discriminate 
against small enterprises. 

Article X 

None of the provisions 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 defined as sales 
or shipments outside of the continental United States, 



496 



ADMINISTRATIVE ORDER NO. X-90 

Government Contracts and Contracts Involving the Use of 

Government Funds 



APPLICATION OF EXECUTIVE ORDER 6646 
Exception No. 41. September 21, 1934. 

Upon the Recommendation of the War Department through 
the Division of Procurement, Treasury Department 

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 opjeration of the Order is hereby made: 
" 1 . Contracts with Winchester Repeating Arms Com- 
pany for 50,000 ignition cartridges. 

2. Contracts with Western Cartridge Company for 
100,000 shotgun shells." 

Hugh S. Johnson*, 
Administrator for Industrial Recovery. 



497 



ADMINISTRATIVE ORDER NO. 155-21 

Order, Granting Permanent Stay of Administrative Order No. 
X-4 OF January 23, 1934 Which Granted Limited Exemption 
FROM Codes of Fair Competition in Connection with Sales 
TO Hospitals Insofar as Certain Industries Are Affected 
Thereby 

Having considered a petition by the Code Authority for the Oxy- 
Acetylene Industry on behalf of the Medical Gas Division of the 
Industry against the provisions of my Order No. X-4 of January 23, 
1934, exempting those members of industries subject to codes of fair 
competition, approved under Title I of the National Industrial 
Recovery Act who sell or may sell supplies or materials to hospitals 
of the United States, which are supported by public subscription or 
endowment and are not operated for profit, from certain provisions 
of such codes, and it appearing to me, after such consideration, that 
a substantial part of the supplies or materials of said Medical Gas 
Division of said Industry are sold to such hospitals and that justice 
requires that a stay of such order be made permanent insofar as it 
affects the above named Division of the said Industry; 

Pursuant to the authority reserved to me in Administrative Order 
X-8, it is hereby ordered that the provisions of Administrative Order 
X-4 be and they are hereby permanently stayed insofar as the mem- 
bers of the Medical Gas Division of the Oxy-Acetylene Industry are 
concerned unless othermse ordered by me. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 
J. F. Battley, 

Acting Division Administrator. 
Linton M. Collins, 

Division Administrator, Division Eight. 

Washington, D. C, 

September 21, 1934. 



93080—34 27 



498 



ADMINISTRATIVE ORDER NO. 347F-6 

Partial Termination of Stay Relevant to Waiting Period 
After Filing Price Schedules 



ORDER, MODIFYING THE ORDER OF APPROVAL FOR THE SUPPLE- 
MENTAL CODE OF FAIR COMPETITION FOR WOODWORKING 
MACHINERY SUBDIVISION OF MACHINERY AND ALLIED PROD- 
UCTS INDUSTRY 

WHEREAS, by Administrative Order dated May 14, 1934, the Sup- 
plemental Code of Fair Competition for the Woodworking Ma- 
chinery Subdivision of Machinery and AlHed 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 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 satisfac- 
tory to the Administrator; 

NOW, THEREFORE, on behalf of the President of the United 
State, 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. 6590-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 Competition 
for the Woodworking Machinery Subdivision of Machinery and 
Allied Products Industry, be and is hereby removed and that the 
provisions of Article VIII, Section (e) of the Supplemental Code be 
in full force and effect from the date hereof; provided, however, that 
this Order removing the stay as set forth in condition No. 3 of the 
Order, and as removed herewith, shall not apply to the sale and dis- 
tribution of small light types of machines w^hich are installed in homes 
for recreational or amusement purposes, and which are known in the 
Industry as the "Homecraft" type of equipment. 

Hugh S. Johnson, 
Administrator Jo r Industrial Recovery. 

Approval recommended: 

Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

September 21, 1934. 



499 



ADMINISTRATIVE ORDER NO. 303-12 

Cordage and Wrapping Twine Division, Stay of Code Pro- 
visions Relevant to 



ORDER, CODE OF FAIR COMPETITION FOR THE CORDAGE AND 
TWINE INDUSTRY— GRANTING APPLICATION FOR A STAY OF 
THE PROVISIONS OF SCHEDULE "A" 

WHEREAS, an application has been made by the Code Authority 
of the Cordage and Twine Industry for a stay of the operation of the 
provisions of Schedule "A", of the Code of Fair Competition for the 
Cordage and Twine 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 hereby stayed as to all parties subject thereto pending my 
further order. 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 

Approval recommended: 

Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

September 22, 1934. 



500 



ADMINISTRATIVE ORDER NO. X-91 

■Government Contracts and Contracts Involving the Use of 

Government Funds 



APPLICATION OF EXECUTIVE ORDER 6646 

Exception No. 42. September 22, 1934. 

Upon the Recommendation of the Navy Department, Through 
the Division of Procurement, Treasury Department 

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 the Order is hereby made: 
"1. Contracts with the Remington Arms Company 
for 10,000 flanged primers. 

2. Contracts with the Winchester Repeating Arms 
Company for 135,000 No. 2K primer caps." 

Hugh S. Johnson, 
Administrator for Industrial Recovery. 



501 



ADMINISTRATIVE ORDER NO. X-92 

Government Contracts and Contracts Involving the Use op 

Government Funds 



APPLICATION OF EXECUTIVE ORDER 6646 

Exception No. 43. September 22, 1934. 

Upon the Recommendation of the Department of Com- 
merce, Through the Procurement Division, Treasury 
Department 

By virture of the delegation of authority by the President of the 
United States in Paragraph 5 of the Executive Order 6646, the 
following exception from the operation of the Order is hereby made: 
"Contracts with the Seth Thomas Clock Company for 
clocks in connection with the manufacture of sounding 
apparatus for the Coast and Geodetic Survey." 

Hugh S. Johnson, 
Administrator jor Industrial Recovery. 



502 



ADMINISTRATIVE ORDER NO. 347V-8 

Extension of Time to File Required Report on One Trade 

Practice Provision 



ORDER, MODIFYING THE ORDER OF APPROVAL FOR THE SUP- 
PLEMENTAL CODE OF FAIR COMPETITION FOR CONVEYOR 
AND MATERIAL PREPARATION EQUIPMENT MANUFACTURING 
SUBDIVISION OF MACHINER