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

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NATIONAL RECOVERY ADMINISTRATION 
NATIONAL INDUSTRIAL RECOVERY BOARD 



CODES 0# FAIR COMPETITION 

Nos. 525-531 
AS APPROVED 

OCTOBER 10-NOVEMBER 6, 1934 

WITH SUPPLEMENTAL CODES, AMENDMENTS 

EXECUTIVE AND ADMINISTRATIVE 

ORDERS ISSUED BETWEEN 

THESE DATES 



VOLUME XVIII 




WE OO OUR PART 



UNITED S'i;A,T]pS, ... 
WASHINGTON : 1934 



MAY 26 1936 






Charged to credit acct 
iwith Supt. ot Docyraentr 






CONTENTS 



Code 

No. 



Industry 



Date ap- 
proved, 1934 



625 
526 
527 
528 
529 
530 
531 



CODES OF FAIR COMPETITION 

Retail Trade in the Territory of Hawaii 

Floor Machinery 

Metal Hospital Furniture Manufacturing 

Pecan Shelling 

Pharmaceutical and Biological 

Bituminous Road Material Distributing 

Stained and Leaded Glass 



Oct. 15 

Oct. 17 

Oct. 23 

Oct. 23 

Oct. 25 

Oct. 26 
Nov. 2 



1 
29 
43 
59 
73 
87 
109 



Industry 



Date 



Page 



AMENDMENTS 

Animal Soft Hair, No. 1 

Clay Machinery, No. 1 

Concrete Masonry, No. 2 

Fire Extinguishing Appliance Manufacturing, No. 2 

Retail Monument, No. 1 

Gummed Label and Embossed Seal, No. 1 

Tapioca Dry Products, No. 1 

Electric Hoist and Monorail Manufacturing, No. 1 

Industrial Safety Equipment Industry and Industrial Safety 

Equipment Trade, No. 1 

Lye, No. 1 ■_ 

Screw Machine Products Manufacturing, No. 3 (A Division of 

Fabricated Metal Products Manufacturing and Metal 

Finishing and Metal Coating) 

Millinery and Dress Trimming Braid and Textile, No. 2 

Silverware Manufacturing, No. 1 

Bulk Drinking Straw, Wrapped Drinking Straw, Wrapped 

Toothpick and Wrapped Manicure Stick, No. 1 

Cotton Textile, No. 11 

Glazed and Fancy Paper, No. 1 

Gumming, No. 1^ 

Paper and Pulp, No. 2 

Sanitarv Milk Bottle Closure, No. 1 ___ 

Silk Tektile, No. 3 

Waterjjroof Paper, No. 1 

Forged Tool Manufacturing, No. 1 (A Division of Fabricated 

Metal Products Manufacturing and Metal Finishing and 

Metal Coating) 

Watch Case Manufacturing, No. 1 

Sample Card, No. 1 

Agricultural Insecticide and Fungicide, No. 1 (A Division of 

Chemical Manufacturing) 

Chinaware and Porcelain Manufacturing, No. 2 

Coat and Suit, No. 2 

Lumber and Timber Products, No. 24 

Motor Vehicle Retailing Trade, No. 3 

Novelty Curtains, Draperies, Bedspreads and Novelty Pillows, 

No. 3 

Railway Car Building, No. 2 

Wood Turning and Shaping Industries, No. 1 

(III) 



10-10-34 
10-10-34 
10-10-34 
10-10-34 
10-10-34 
10-11-34 
10-11-34 
10-12-34 

10-12-34 
10-12-34 



10-12-34 
10-15-34 
10-15-34 

10-16-34 
10-16-34 
10-16-34 
10-16-34 
10-16-34 
10-16-34 
10-16-34 
10-16-34 



10-17-34 
10-17-34 
10-18-34 

10-19-34 
10-19-34 
10-19-34 
10-19-34 
10-19-34 

10-19-34 
10-19-34 
10-19-34 



121 
125 
131 
141 
147 
151 
155 
159 

163 

167 



171 
175 
179 

185 
189 
191 
195 
199 
203 
207 
209 



213 
219 
223 

227 
231 
237 
243 
247 

253 

257 
261 



CONTENTS— Continued 



Industry 



AMENDMENTS— Continued 

Wood Plug, No. 1 

Legitimate Full Length Dramatic and Musical Theatrical, 

No. 1 

Automobile Hot Water Heater Manufacturing, No. 1 (A Divi- 
sion of Automotive Parts and Equipment Manufacturing) _ 

Dental Laboratory, No. 1 

Machinerv and Allied Products, No. 5 

Snap Fastener Manufacturing, No. 1 (A Division of Fabricated 
Metal Products Manufacturing and Metal Finishing and 

Metal Coating) 

Waxed Paper, No. 1 

Builders Supplies Trade, No. 2 

Dry and Polishing Mop Manufacturing, No. 1 

Expanding and Specialty Paper Products, No. 1 

Scrap Iron, Nonferrous Scrap Metals and Waste Materials 

Trade, No. 1 

Secondarv Aluminum, No. 1 

Soft Fibre Manufacturing, No. 2 

Tag, No. 1 

Mop Stick, No. 1 

Salt Producing, No. 1 

Shoe Last and Shoe Form Industries, No. 1 

WholesaUng or Distributing Trade, No. 1 

Wrecking and Salvage, No. 1 

Broom Manufacturing, No. 1 

Fur Wholesaling and Distributing Trade, No. 1 (A Division of 

the Wholesaling or Distributing Trade) 

Hat Manufacturing, No. 1 

Wholesale Monumental Granite, No. 1 

Wool Textile, No. 3 

Marble Quarrying and Finishing, No. 1 

Pyrotechnic Manufacturing, No. 1 

Farm Equipment, No. 3 

Metallic Wall Structure, No. 1 (A Division of Fabricated 
Metal Products Manufacturing and Metal Finishing and 

Metal Coating) 

Mop Stick, No. 2 

Artificial Flower and Feather, No. 2 

Dress Manufacturing, No. 2 

Earthenware Manufacturing, No. 2 

Excelsior and Excelsior Products, No. 1 

Flexible Metal Hose and Tubing Manufacturing, No. 1 (A 
Division of Fabricated Metal Products Manufacturing and 

Metal Finishing and Metal Coating) 

Handkerchief, No. 2 

Textile Processing, No. 5 

Wire Rope and Strand Manufacturing, No. 1 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Can Labeling and Can Casing Machinery Industry and Trade, 

No. 1 (A Division of Packaging Machinery) 

Gray Iron Foundry, No. 2 

Hack Saw Blade Manufacturing, No. 1 (A Division of Fabri- 
cated Metal Products Manufacturing and Metal Finishing 

and Metal Coating) 

Automobile Manufacturing, No. 4 

Hardwood Distillation, No. 3 

Pacific Coast Section of the Soaj) and Glycerine Manufactur- 
ing, No. 1 (A Division of Soap and Glycerine Manufactur- 
ing) 1 

(IV) 



Date 



10-20-34 

10-22-34 

10-23-34 
10-23-34 
10-23-34 



10-23-34 
10-23-34 
10-25-34 
10-25-34 
10-25-34 

10-25-34 
10-25-34 
10-25-34 
10-25-34 
10-26-34 
10-26-34 
10-26-34 
10-26-34 
10-26-34 
10-27-34 

10-27-34 
10-27-34 
10-27-34 
10-27-34 
10-29-34 
10-29-34 
10-30-34 



10-30-34 
10-30-34 
10-31-34 
10-31-34 
10-31-34 
10-31-34 



10-31-34 
10-31-34 
10-31-34 



10-31-34 



11- 
11- 



1-34 
1-34 



11- 1-34 
11- 2-34 
11- 2-34 



11- 2-34 



CONTENTS— Continued 



Industry 



Date 



AMENDMENTS— Continued 

Bituminous Coal, No. 4 

Bleached Shellac Manufacturing, No. 1 

Corrugated and Solid Fibre Shipping Container, No. 1 

Pipe Organ, No. 2 

Structural Clay Products, No. 2 

Construction, No. 5 

Hog Ring and Ringer Manufacturing, No. 1 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Prison Equipment Manufacturing, No. 1 (A Division of Fabri- 
cated Metal Products Manufacturing and Metal Finishing 

and Metal Coating) 

Scrap Iron, Nonferrous Scrap Metals and Waste Materials 

Trade, No. 2 

Shoe Shank Manufacturing, No. 1 (A Division of Fabricated 
Metal Products Manufacturing and Metal Finishing and 

Metal Coating) 

Talc and Soapstone, No. 1 

SUPPLEMENTS 

Machinery and Allied Products, No. 43, for Saw Mill Machin- 
ery 

Automotive Parts and Equipment Manufacturing, No. 4, for 
Wheel and Rim Manufacturing 

Automotive Parts and Equipment Manufacturing, No. 5, for 
Carburetor Manufacturing 

Automotive Parts and Equipment Manufacturing, No. 6, for 
Oil Filter Manufacturing 

EXECUTIVE ORDERS 

Executive Council and the National Emergency Council, Con- 
solidating the 



ADMINISTRATIVE ORDERS 

Air Transport, Hazardous occupations. Approving a list of 

Government contracts and contracts involving the use of gov- 
ernment funds, Wilson-Snyder Manufacturing Corporation 
with the District Engineer at Rock Island, 111 

Hatters Fur Cutting, Effective date, Extending the 

Retail Tobacco Trade, Prices, Amendment to order deter- 
mining basis for fixing minimum 

Retail Tobacco Trade, Prices, Extending effective date of 
order determining basis for fixing 

Wholesale Tobacco Trade, Prices, Extending basis of deter- 
mination for fixing minimum 

Brewing, Labor and wage provisions. Interpretation for bona 
fide partnerships 

Code Administration, Interpretation for the General Con- 
tractors and the Mason Contractors Divisions for collection 
of expenses of 

Feldspar, Hazardous occupations. Approving a list of 

Government contracts and contracts involving the use of gov- 
ernment funds, Boston Terminal Company with the C. J. 
Maney Company : 

Industry- of Wholesaling Plumbing Products, Heating Prod- 
ucts, and/or Distributing Pipe, Fittings, and Valves, Effec- 
tive date, Staying the 

(V) 



11- 5-34 
11-5 -34 
11- 5-34 
11- 5-34 
11- 5-34 
11- 6-34 



11- 6-34 

11- 6-34 
11- 6-34 



11- 6-34 
11- 6-34 



10-11-34 
10-24-34 
10-24-34 
10-26-34 

10-29-34 

8-16-34 

10-10-34 
10-10-34 

10-10-34 

10-10-34 

10-10-34 

10-11-34 



10-11-34 
10-11-34 



10-11-34 
10-11-34 



CONTENTS— Continued 



Industry 



Date 



ADMINISTRATIVE ORDERS— Continued 

Needlework Industry in Puerto Rico, Needlework Commis- 
sion, Modifying code approval relevant to the selection of a_ 

Wholesale Monumental Granite, Hazardous occupations, Ap- 
proving a list of 

Cooperative Organizations, Brokerage Commissions, Interpre- 
tations applicable to allowances for 

Cotton Garment, Wage and hour provisions. Accepting com- 
mittee report on 

Men's Neckwear, Trade Practices, Selling and delivery. Con- 
tinued stay of 

Baking, Price lists. Stay of code provisions for multiple unit 
retail bakers from provisions requiring filing of 

Optical Retail Trade, Code Authoritv, Requiring modification 
of \ 

Road Machinery Manufacturing, Resale value of second-hand 
or old equipment, Temporary' approval of regulation govern- 
ing 

Trucking, Mail, Granting exemption to certain members of the 
Industry operating under contracts with the U. S. Govern- 
ment for transporting 

Wholesale Monumental Granite, Price lists, Granting applica- 
tion for extension of time within which to file 

Optical Retail Trade, Trade Practice Provisions, Modifying 
previous stay of 

Wool Textile, Sales Yarn Division, Amending rules of Prac- 
tice and Merchandising for the 

Wool Textile, Work Assignment Board, Creation of the 

Wool Textile, Cotton Textile, Silk Textile, Work Assignment 
Boards, Rules and regulations for the 

Advertising Specialty, Wages and hours, Continuance of basis 
agreement relevant to 

Government contracts and contracts involving the use of 
government funds. Waterman Steamship Company, Mobile, 
Alabama, with the U. S. Government 

Government contracts and contracts involving the use of 
government funds, Williams-Donohue, Inc., El Paso, Texas, 
for storage of Division of Investigation vehicles, etc 

Government contracts and contracts involving the use of gov- 
ernment funds, Luce's Press Clipping Bureau with the 
Bureau of Air Commerce and the R. F. C 

Importing Trade, Hazardous occupations, Approving a list of. 

Lace Maiuifacturing, Hours of operation of productive machin- 
ery. Staying operation of a previous order as to Barmen 
Machines 

Trucking, Wage scale, Making the base of operations the de- 
terming factor in determining the 

Trucking, Wage scale. Interpretation relevant to 

Gumming, Hazardous occupations, Approving a list of 

Boiler Manufacturing, Trade Practices, Stay amended 

Hat Manufacturing, Hours and wages, Granting stay of code 
provisions relevant to 

Needlework Industry in Puerto Rico, Piece-work rates, Con- 
tiiuiing minimum 

Public Seating, Effective period of the code, Extending 

Sanitary and Waterproof Specialties Manufacturing, Prices, 
Stay of code provision relevant to publication of a schedule 
of 

Baking, Restaurant, Exemption, Denying application of the 
Code Authority for the Restaurant Industry for an — from 
the code for the Baking Industry 

(VI) 



10-11-34 
10-11-34 
10-12-34 
10-12-34 
10-12-34 
10-15-34 
10-15-34 

10-15-34 

10-15-34 

10-15-34 

10-16-34 

10-16-34 
10-16-34 

10-16-34 

10-17-34 

10-17-34 

10-17-34 



10-17-34 
10-17-34 



10-17-34 

10-17-34 
10-17-34 
10-18-34 
10-19-34 

10-19-34 

10-19-34 
10-19-34 



10-19-34 



10-20-34 652 



CONTENTS— Continued 



Industry 



Date 



ADMINISTRATIVE ORDERS— Continued 

Beverage Dispensing Equipment, Price lists, Staying code 
provisions relevant to filing of -- 

Government contracts and contracts involving the use of 
government funds, Metroi)olitan Water District of South- 
ern California with the R. F. C 

Retail Trade, Petitions for exemptions. Ratifying Deputy 
Administrator's actions in regard to 

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

Government contracts and contracts involving the use of 
government funds, Chicago Title and Trust Company with 
the U. S. Government 

Government contracts and contracts involving the use of 
government funds, Spengel Warehouse, Denver, Colorado, 
with the Department of Agriculture 

Industry of Wholesaling Plumbing Products, Heating Prod- 
ucts and/or Distributing Pipe, Fittings, and Valves, Whole- 
sale Hardware Trade, Terminating exemption from the 
code for the 

Coat and Suit, Code Authority, Staying code provisions of 
the Coat and Suit Industry relevant to — elections until 
Infants' and Children's Wear code is amended 

Candlewick Bedspread, Homeworkers wages, Continuing stay 
of the scale for 

Luggage and Fancy Leather Goods, Cost finding and account- 
ing, Approval of methods of 

Ornamental Molding, Carving and Turning, Hazardous occu- 
pations, Approval of a list of 

Robe and Allied Products, Hours and wages. Granting toler- 
ance from code provisions relevant to 

Atlantic Mackerel Fishing (A Division of Fishery), Produc- 
tion of mackerel, Rescinding curtailment of 

Code Administration, Collection of expenses of. Interpreta- 
tions of Code Provisions relating to 

Drapery and Upholstery Trimming, Extension of the Code 

Oil Burner, Cost provisions. Continuing stay of code provisions 
applicable to 

Safety Razor and Safety Razor Blade Manufacturing, Wages 
above the minimum, Eciuitable adjustment of 

Canned Salmon, Guarantee against price declines. Stay of code 
provisions applicable to 

Fur Manufacturing, Code Authority Members, Revoking 
previous order appointing two 

Assembled Watch and Wholesale Jewelry (A Division of the 
Wholesaling or Distributing Trade), Terms, Stay of the code 
provisions of the Assembled Watch Industry relevant to 
terms, subject to compliance with provisions of code of 
Wholesale Jeweli-y Industry applicable 

Construction, Bids,' Rules for accepthig or rejecting 

Excelsior and Excelsior Products, Grade Standards and Classi- 
fication of Industry Products applicable to used material. 
Stay of those provisions of the --- 

Furniture Manufacturing, Piecework employees. Exemption 
for certain specified ^" 

Wool Felt, Hazardous occupations. Approval of a list of 

Cigar Manufacturing, Hours, Approving peak period 

Steel Joist, Labor complaints. Approval of application for the 
handling of — by the National Recovery Administration. _ 

(vii) 



10-20-34 

10-22-34 
10-22-34 

10-23-34 

10-23-34 

10-23-34 

10-23-34 

10-25-34 

10-25-34 

10-25-34 

10-25-34 

10-25-34 

10-26-34 

10-26-34 
10-26-34 

10-26-34 

10-26-34 

10-27-34 

10-27-34 



10-29-34 
10-29-34 



10-29-34 

10-29-34 
10-29-34 
10-30-34 

10-30-34 



CONTENTS— Continued 



Industry 



Date 



Page 



ADMINISTRATIVE ORDERS— Continued 

Athletic Goods Distributing Trade (A Division of the Whole- 
saling or Distributing Trade), Homework provisions, Ex- 
tending the operation of specified code provisions relevant to. 

Galvanized Ware Manufacturing (A Division of Fabricated 
Metal Products Manufacturing and Metal Finishing and 
Metal Coating), Terms of payment for Industry products. 
Staying code provisions applicable to 

Retail Food and Grocery Trade, Primary producers of products 
of agriculture. Staying code provisions applicable to 

"Government contracts and contracts involving the use of 
government funds, Memphis Garages, Inc., Front Street at 
Court, Memphis, Tennessee, with the Department of Agri- 
culture 

Government contracts and contracts involving the use of 
government funds, Winchester Repeating Arms Company 
and the Remington Arms Company with the War Depart- 
ment 

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

Rubber Manufacturing, Heel and Sole Division, Approving 
group customer classification definitions 

Bleached Shellac Manufacturing, Labor complaints, Approval 
of application for having the National Recovery Adminis- 
tration to handle 

Aluminum and Electrical Manufacturing, Jurisdictional inter- 
pretation 

Auction and Loose Leaf Tobacco Warehouse, Hours and wages. 
Granting stay of code provisions relevant to 

Dowel Pin Manufacturing, Hazardous occupations. Approval 
of a list of 

Trucking, Registration requirements, Exemption from 

Abrasive Grain, Hazardous occupations. Approval of a list of. 

Canned Salmon, Wages, Extending time to report on minimum. 

Cigar Manufacturing, Overtime work. Staying code provisions 
relevant to Sundays and Legal Holidays 

Dog Food, Labeling requirements, Providing additional time 
to report on 

Dog Food, Product standards, Providing additional time to 

report on 

-Index 



10-31-34 

10-31-34 
10-31-34 

11- 1-34 

11- 1-34 
11- 1-34 
11- 2-34 

11- 3-34 

11- 5-34 

11- 5-34 

11- 5-34 
11- 5-34 
11- 6-34 
11- 6-34 

11- 6-34 

11- 6-34 

11- 6-34 



684 

685 
686 

687 

688 
689 
690 

691 

692 

694 

695 
697 
698 
700 

701 

702 

703 
705 



(VIII) 



CODES OF FAIR COMPETITION 



Approved Code No. 525 
CODE OF FAIR COMPETITION 

Foil THE 

RETAIL TRADE IN THE TERRITORY OF HAWAII 

As Approved on October 15, 1934 



ORDER 



Approving Code of Fair Competition fok the Retail Trade in the 
Territory of Hawaii 

An application having been duly made pursuant to and in full 
compliance with the provivsions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a Code of 
Fair Competition for the Retail Trade in the Territory of Hawaii, 
and hearings having been duly held thereon, and the annexed report 
on said Code containing hndings 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. G859, 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 promote the 
policy 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 conditions : 

(1) That all members of this Trade as defined in this Code under 
Article II, Section 1, shall to the extent that they are engaging in 
this Trade in Hawaii^ be exempt from the provisions of any other 
Code of Fair Competition to which they might now or might here- 
after, but for this Order, be subject. 

(2) That the provisions of Article VI, Sections 1, 2, and 3, and of 
Schedule A, Section 3, relating to minimum wages, are stayed as to 
outside salesmen, as defined in Article II, Section 5 (c). 

(3) That the provisions of Article VI, Sections 1, 2, and 3, and 
of Schedule A, Section 3, relating to minimum wages, are stayed 
as to employees of retail drug establishments engaged at least sixty 
(60) per cent of their working hours in delivering merchandise out- 
side the establishment by which they are employed. 

(4) This Code shall become effective fourteen (14) days from 
the date hereof unless good cause to the contrary is shewn to the 

91370° 1244-51— —.^4 1 (l) 



Natioiial Iiulustiial Recovery Board before that time and the Na- 
tional Industrial Recovery Board issues a snbsecj[uent order staying 
or modifying this oi-der of approval. 

National iNDusnaAL Reco\T!;ry Board, 
By G. A. Lynch, Adminhtrative Office)\ 

Approval recommended : 
RoHEKT Ij. Houston, 

Division Admin isfrafor. 

Washington, D. C, 

October 15, lOSJ,. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report of the hearing on the Code of Fair Competi- 
tion for the Retail Trade in the Territorj'- of Hawaii, as proposed by 
the Retail Association of Hawaii. The public hearing was con- 
ducted in Honolulu, T. H., on the 5th of February, 1934. The 
Association claims to reprcvsent over 60% of the Trade. 

This Code closely follows the Code of Fair Competition for the 
Retail Trade and has the same application in the Territory of 
Hawaii as the approved Code of Fair Competition for the Retail 
Trade has on the Mainland. The schedules appended contain special 
provisions which apply only to retailers of the following products: 
Drugs and Allied Products; Food, Groceries, and their Allied Prod- 
ucts; Music and Radio; Electric Refrigeration; Jewelry and Allied 
Products; Photography and Photo-Finishing. 

LABOR PROVISIONS 

The Code provides for a 40 to 48-hour work week at wages ranging 
from $9.00 to $12.00 per week according to population of the com- 
munity and the number of hours worked, with certain necessary ex- 
ceptions. Persons under the age of 16 are excluded from employ- 
ment except for specified part-time periods. The hour provisions are 
identical with those of the Code of Fair Competition for the Retail 
Trade but the minimum wage requirements have been slightly re- 
duced to meet the conditions in the Territory. 

The Retail Trade is the largest in the Territory of Hawaii, with 
some 2,800 establishments employing approximately 15,000 people. 
Heretofore the average work week in retail establishments has been 
65 hours, and though the average salaries paid to sales employees by 
some employers have been equal to or above the minimum prescribed 
in this Code, in the great majority of establishments the wages have 
been as low as $5.00 and $6.00 a week. It is estimated that the hour 
provisions of the Code will bring about a substantial increase in em- 
ployment and that the minimum wage provisions will double the 
payroll of most establishments. 

FINDINGS 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on said Code having found as herein set 
forth and on the basis of all the proceedings in this matter; 

It finds that: 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
the removal of obstructions to the free flow of interstate and for- 

(3) 



cign commerce which tend to diminish the amount thereof and will 
provide for the general welfare by promoting the organization of 
industry for the jnirpose of cooperative action among the trade 
oToni)S,"by inducing and maintaining united 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 bo 
temporarily required), hy increasing the consumption of industrial 
and agricultural products through increasing purchasing power, by 
reducing and relieving unemployiTjent, by improving standards of 
labor, and by otherwise rehabilitating industr.y. 

(b) Said Trade normally emploj^s not more than 50,000 employees; 
and is not classified by it as a major industry. 

(c) The Code as approved comx)lies in all respects with the perti- 
nent provisions of Title I of the 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 association 
imposes no inequitable restrictions on admission to membership 
therein and is truly representative of the Retail Trade in the Terri- 
tory of Hawaii. 

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

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

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

For these reasons this Code has been aj^proved. 
For the National industrial Recovery Board : 

G. A. Lynch, 
Administmth'c Officer. 
October 15, 1934. 



CODE OF FAIE COMPETITION FOR THE RETAIL TRADE 
IN THE TERRITORY OF HAWAII 

To effectuate the policy of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code of 
Fair Competition for the Retail Trade in the Territory of Hawaii as 
it applies to the Trade. 

Article I — Application 

Section 1. Application of Code. — The provisions of this Code, 
except such provisions as are included in Schedules A, B, C, D, E, 
and F, annexed hereto, and in such other schedules as may subse- 
quently be approved and annexed hereto, and except as hereinafter 
specifically provided, shall apply to all retailers and/or retail estab- 
lishments engaged in the Retail Trade as defined in Article II here- 
inafter. The provisions of Schedues A, B, C, D, E, and F and such 
other schedules as may subsequently be annexed hereto shall applj'^ 
only to those retailers and/or retail establishments as are specifically 
included within the, provisions of such schedules. 

Section 2. Request for Separate Code. — Any division of the Retail 
Trade which has not participated in the formation or establishment 
of this Code may make application to the Administrator to operate 
under a separate Code of Fair Competition. The Administrator 
shall determine whether such division of the Retail Trade shall oper- 
ate under this Code or under a separate Code of Fair Competition, 
and maj^, if justice requires, stay the application of this Code to such 
division pendmg his decision or pending the approval by the Admin- 
istrator of a Code of Fair Competition for such division. 

This Code shall be binding upon every retail establishment until 
a separate Code of Fair Competition may be approved or a stay of 
this Code is granted. 

Article II — Definitions 

Section 1. Retail Trade. — The term '' retail trade *' as used herein 
shall mean all selling of merchandise to the consumer and not for 
resale purposes in any form, in the Territory of Hawaii. It is pro- 
vided, however, that the term shall not include the selling at retail 
of milk and its j^roducts, or the dispensing of drugs, medicine and 
medical supplies by a physician, dentist, surgeon or veterinarian in 
the legitimate practice of his profession ; and it is further provided 
that the term shall not include any division of retail selling which 
now or may hereafter be governed by a separate Code of Fair 
Competition approved exclusively for the Territory of Hawaii. 

Section 2. Retailer. — The term " retailer " as used herein shall 
mean any individual or organization engaged wholly or partially 
in the retail trade. 

(5) 



Section 3. EsfahT/slimeyit. — The term "establishment" as used 
herein shall mean any store or department of a store, shop, stand, 
or other place wliere a retailer carries on business, other than those 
places where the principal business is the sellingf at retail of products 
not included within the definition of retail trade. The term is also 
used herein to refer to the retailer who carries on business in such 
establishments. 

Section 4. Employee. — The term " employee " as used herein shall 
mean an}' person employed b}^ any retailer but shall not include 
persons emploj'ed principally in the selling at retail of products 
2iot included within the definition of retail trade. 

Section 5. Defnit'tort of Personnel. — (a) Executive: Tlic term 
'■ executive " as used herein shall mean an employee responsible for 
the management of a business or a recognized subdivision thereof. 

(b) Professional Person : The term " professional person " as used 
herein shall mean lawyers, doctors, nurses, research technicians, 
advertising specialists and other persons engaged in occupations 
requiring a special discipline and special attainments. 

(c) Outside Salesman: The term "outside salesman" as used 
herein shall mean a salesman who is engaged not less than sixty 
(CO) per cent of his working hours outside the establishment, or 
any branch thereof, by which he is emploj'ed. 

(d) (3utside Collector: The term "outside collector" as used 
herein shall mean a collector of accounts who is engaged not less 
than sixty (GO) per cent of his workmg hours outside the establish- 
ment, or any branch thereof, by Avhicli he is employed. 

(e) Watchmen and Guards: The terms "watchmen" and 
" guards " as used herein shall mean employees engaged primarily 
in watching and safeguarding the premises and property of a 
retail establishment. 

(f) Store Detective: The term "store detective" as used herein 
shall mean an employee engaged exclusively in detective work. 

(g) Maintenance Emploj'ee : The term " maintenance employee " 
as used herein shall mean an employee essential to the upkeep and/or 
preservation of the premises and property of a retail establishment. 

(h) Outside Service Employee : The term " outside service em- 
ployee " as used herein shall mean an employee engaged primarily 
in delivering, installing or servicing merchandise outside the estab- 
lishment, and shall include stable and garage employees. 

(i) Junior Employee : The term " junior employee " as used 
herein shall mean an employee under eighteen (18) years of age. 

(j) Apprentice Employee: The term "apprentice employee" as 
used herein shall mean an employee with less than six (G) months' 
experience in the retail trade. 

(k) Part-time Employee : The term " part-time emj^loyee " as 
used herein shall mean an emjiloyee who works for less than the 
maxhnum work week. 

Section G. PoinOof'ion. — Po[)iilati()u shall be determined by ref- 
erence to the Fifteenth Census of tlie United States (U. S. Depart- 
ment of Commerce, Hureau of Census, IIKM)). 

Where j:)oi)ulations of towns and villages are not shown, the poj^u- 
lation of the piecinct shall determine. 



Sectiton 7. President^ Act and Aclminhtrator. — The terms " Pres- 
ident ", "Act ", and "Administrator " as used herein shall mean 
respectively the President of the United States, Title I of the Na- 
tional Industrial Recovery Act, and the Administrator for Industrial 
Kecovery. 

Article III — Effective Date 

The effective date of this Code shall be the second Monday after 
is final approval. 

AnncLE IX — General Lauor Provisions 

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

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

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

Section 2. CJdld Labor. — (a) On and after the effective date of 
this Code, no person imder the age of sixteen (IG) years shall be 
employed, except that persons under sixteen (16) but over fourteen 
(14) years of age may be employed either, 

(1) for a period not to exceed three (3) hours per day on six 
(6) daj^s per week, or, 

(2) for one day per week, such day not to exceed eight (8) 
hours. 

In either case, all such hours of work shall be between 7 A. M., and 
7 P. M., and shall not conflict with the employee's hours of day 
school. It is provided, however, that no person under the age of 
sixteen (16) years shall be employed in delivering merchandise 
from motor vehicles. 

(b) It is further provided, that if a Territorial law prescribes a 
higher minimum age, no person below the age specified by such 
Territorial law shall be employed. 

Section 3. Safety and Health. — (a) Every employer shall pro- 
vide for the safety health of employees during the hours and at the 
places of their employment. 

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

Section 4. On or within one week after the effective date of this 
Code, every retail establishment shall post and maintain in a con- 
spicuous place in the establislmient a copy of all the provisions of 
this Article. 

91370° 1244-51 34 2 



8 

Section 5. Every retail establisliment shall comply with all rules 
and regulations relative to the posting of provisions of Codes of 
Fair Competition which may from time to time be prescribed by 
the Administrator. 

Section 6. No emploj^ee shall be dismissed, demoted or discrimi- 
nated against for making a complaint or for giving evidence with 
respect to an alleged violation of this Code. 

Article V — Store Hours and Hours of Labor 

Section 1. Basic Store and Working Hours. — (a) On and after 
the effective date of this Code, establishments in the retail trade shall 
elect to operate upon one of the following schedules of store hours 
and hours of labor : 

Group I : Any establishment may elect to remain open for business 
less than fifty-six (5G) hours but not less than fifty-two (52) hours 
per week, unless its store hours were less than fifty-two (52) hours 
prior to June 1, 1933, in which case such establishment shall not 
reduce its store hours; no employee of these establishments shall be 
permitted to work more than forty (40) hours jjer week, nor more 
than eight (8) hours per day, nor more than six (G) days per week. 

Group II : Any establishment may elect to remain open for 
business fifty-six (56) hours or more per week but less than sixty- 
three (63) hours per week; no employee of such establisliment shall 
be permitted to work more than forty-four (44) hours per week, 
nor more than nine (9) hours per day, nor more than six (6) days 
per week. 

Group III : Any establishment may elect to remain open for 
business sixty-three (63) hours or more per week; no employee of 
such establishment shall be permitted to work more than forty- 
eight (48) hours per week, nor more than ten (10) hours per day, 
nor more than six (6) days per week. 

(b) Employees Working for Two or More Establishments: No 
employee shall be permitted to work for two or more establishments 
a greater nmnber of hours, in the aggregate, than he would be per- 
mitted to work for that one of such establishments which oj)erates 
upon the lowest schedule of working hours. 

(c) Forty-hour Week: No employee not included in the fore- 
going paragraphs, and not specifically excepted hereinafter, shall 
be permitted to work more than forty (40) hours per week, nor 
more than eight (8) hours per day, nor more than six (6) days 
per week. 

Section 2. Schedule of llo^irs to he Posted. — On or within on,e 
week after the effective date of this Code every retail establishment 
shall designate under which of the Groups set forth in the preceding 
Section it elects to operate and shall post and maintain in a con- 
spicuous place in the establishment a copy of such election showing 
the store hours and employee working hours and a copy of all the 
provisions of this Article. 

Section 3. Changes in Store Hours and Etnployee Working 
Hours. — (a) No establishment may change from the Group in which 
it has elected to operate except upon December 31 of every year. 



(b) Any establishment, liowcver, may at any time increase its 
etore hours, provided it maintains the basic employee work week of 
the Group in which it orio-inally elected to operate. 

(c) Any establishment may, i'or a period not to exceed three (3) 
consecutive months, temjiorarily reduce its store hours, but the 
weekly wao;es of its employees shall not on that account be reduced. 

Section 4. Exceptions to Maximum Periods of Labor. — (a) Pro- 
fessional Persons, Outside Salesmen, Outside Collectors, Wat<;hmen, 
Guards, and Store Detectives: The maximum periods of labor pre- 
scribed in Section 1 of this Article shall not apply to professional 
persons employed ajid workin<^ at their profession, or to outside 
salesmen, outside collectors, watchmen, guards, store detectives. 
Provided, however, watchmen and guards shall not be permitted to 
work more than fiftj^-six (5G) hours per week, nor more than thir- 
teen (13) days out of any fourteen (14) day period. 

(b) Maintenance and Outside Service Employees: The maximum 
periods of labor prescribed in Section 1 of this Article shall not 
apply to maintenance and outside service employees; but such em- 
ploj^ees shall not be permitted to work more than six (6) hours per 
w^eek above the maximum hours per week otherwise prescribed by 
Section 1, unless they are paid at the rate of time and one-third for 
all hours over such additional six (6) hours per week. 

(c) Executives: Subject to the conditions set forth in Section 5 
of this Article, Executives receiving thirty dollars ($30.00) or more 
per week in cities or towns of over 25,000 population or receiving 
twenty-five dollars ($25,000) or more per week in cities, towns or 
villages and other places under 25,000 population, may be permitted 
to work in excess of the maximum period of labor prescribed in 
Section 1 of this Article. 

(d) Peak Periods: At Christmas, Inventory, and other peak 
times, for a period not to exceed five (5) weeks in the calendar year 
an employee whose basic work week is forty (40) hours may be 
permitted to work not more than forty-eight (48) hours per week and 
nine (9) hours per day; an employee whose basic work week is forty- 
four (44) hours may be permitted to work not more than fifty-two 
(52) hours per week and nine and one-half (9I/2) hours per day; an 
employee whose basic work week is forty-eight (48) hours may 
be permitted to work not more than fifty-six (56) hours per week 
and ten (10) hours per da3^ All such work may be without the 
l^ayment of overtime. 

Section 5. Limitation Upon Nuniber of Persons Working Unre- 
stricted Hours. — Notwithstanding the provisions of the foregoing 
sections of this Article, and regardless of the number of persons 
otherwise permitted to work unrestricted hours, the total number of 
workers in any establishment (whether such workers are executives, 
proprietors, partners, persons not receiving monetary wages, or 
others) who shall be permitted to work unrestricted hours shall not 
exceed the following ratio : In establishments comprised of twenty 
(20) workers or less the total number of workers who may be per- 
mitted to work unrestricted hours (not including those workers 
specified in Section 4 (a) of this Article) shall not exceed one worker 
for every five (5) workers or fraction thereof; in establishments 



10 

comprised of more than twenty (20) workers the total number of 
workers who may be permitted to work unrestricted hours (not 
including those workers specified in Section 4 (a) of this Article) 
shall not exceed one worker for every five (5) workers for the first 
twenty (20) workers, and shall not exceed one worker for every 
eight (8) workers, above twenty (20). 

Section 6. Hours of Work to he Consecutive. — The hours worked 
by any employee during each day shall be consecutive, provided 
that an interval not longer than one and one-half (11/2) hours may 
be allowed for each regular meal period, and such interval not 
counted as part of the employee's working time. Any rest period 
which may be given employees shall not be deducted from such 
employee's working time. 

Section 7. Extra Working Hour on One Day a Week. — One day 
each week employees may be permitted to work one extra hour, but 
such hour is to be included within the maximum hours permitted 
each week. 

Section 8. Coniiict with Territorial Laws. — When any territorial 
law prescribes for any class of employees shorter hours of labor than 
those prescribed in this Article, no employee included within such 
class shall be employed within the Territory for a greater number 
of hours than the law allows. 

Article VI — Wages 

Section 1. Ba^ic Schedule of Wages. — (a) On and after the effec- 
tive date of this Code, the minimum weekly rates of wages which 
sliall be paid for a work week as specified in Article V — whether 
such wages are calculated upon an hourly, weekly, monthly, com- 
mission, or any other basis — shall, except as hereinafter provided, 
be as follows: 

(1) Within cities of over 25,000 population, no employee shall be 
paid less than at the rate of eleven dollars ($11.00) per week for 
a forty (40) hour work week, or less than at the rate of eleven and 
50/100 dollars ($11.50) per week for a forty-four (44) hour work 
week, or less than at the rate of twelve dollars ($12.00) per week 
for a forty-eight (48) hour work week. 

(2) Within cities, towns, and villages of from 2,500 to 25,000 
population, no employee shall be paid less than at the rate of nine 
dollars ($9.00) per week for a forty (40) hour work week, or less 
than at the rate of nine and 50/100 dollars ($9.50) per week for a 
forty-four (44) hour work week, or less than at the rate of ten 
dollars ($10.00) per week for a forty-eight (48) hour work week. 

(3) Within towns and villages with less than 2,500 population, 
the wages of all classes of employees shall not be less than nine 
dollars ($9.00) per week. 

(b) Employees on Basic Work Week: The minimum wages paid 
to professional persons, outside salesmen, outside collectors, watch- 
men, guards, store detectives, and maintenance and outside service 
employees shall be upon the basis of the basic employee work week 
upon which the establishment by which they are employed has 
elected to operate. 

(c) Wageig for Employees Not Previously Covered: The mini- 
mum wages of any employee not included in the foregoing para- 



11 

graphs and not specifically excepted hereinafter, shall be upon tho 
basis of a forty (40) hour work week. 

(d) Perquisites: The miniinuni rates and wages established in 
this Article shall not be subject to deduction for meals or lodging 
furnished employees unless such was the practice in the Trade prior 
to June IG, 1933, and, if such was the case, the charge shall not 
exceed for sustenance twenty-live cents (25^) per meal, nor Three 
Dollars ($3.00) in any one week, or for lodging in excess of Two and 
60/100 Dollars ($2.50) per week. No employee shall be required as 
a condition of employment to take either meals or lodging at any 
eating places or lodging houses other than those voluntarily chosen 
by the employee. 

(e) Deductions for other perquisites shall be allowed only on the 
approval of the appropriate County Code Authority', provided for 
in Article X, and the Administrator. 

(f) Gratuities shall not be considered a part of the remuneration 
of any employee. 

Section 2. Juniors and Apprentices. — Junior and apprentice em- 
ployees may be paid at the rate of One Dollar ($1.00) less per week 
than the minimum wage otherwise applicable; it is provided, how- 
ever, that no employee shall be classified both as a junior and as an 
apprentice employee, and it is further provided that the number 
of employees classified as junior and as apprentice employees, com- 
bined shall not exceed a ratio of one such employee to every five (5) 
employees or fraction thereof up to twenty (20), and one such em- 
ployee to every ten (10) employees above twenty (20). 

Sectiox 3. Part-time Eiiiployees. — Part-time employees shall be 
paid not less than at an hourly rate proportionate to the rates pre- 
scribed in the foregoing sections of this Article, However, the County 
Code Authority provided for in Article X, with the approval of 
the Administrator may make exception in the case of students.^ 

Section 4. Weekly Wages Above Minimum Not to he Reduced. — 
The weekly wages of all classes of employees receiving more than 
the minimum wages prescribed in this Article shall not be reduced 
from the rates existing upon June 16, 1933, notwitlistanding any 
reduction in the number of working hours of such employees. 

Section 5. Conflict with Territorial Laws. — When any Territorial 
law prescribes for any class of employees of either sex a higher 
minimum wage than that prescribed in this Article, no employee of 
such class of either sex employed within the Territory shall be paid 
less than such Territorial law requires. 

Section 6. Schedule of Wages to he Posted. — On or within one 
week after the effective date of this Code every retail establishment 
shall post and maintain in a conspicuous place a copy of all the 
provisions of this Article. 

Section 7. Handicapped Persons. — A person whose earning ca- 
pacity is limited because of age or physical or mental handicap or 
other infirmities may be employed on light work at a wage below 
the minimum established by this Code if the employer obtains froiii 
the authority designated by the United States Department of Labor 
a certificate authorizing his employement at such wages and for such 
hours as shall be stated in the certificate. Each employer shall file 

^ See paragraph 2 (2) and 2 (3) of order approving this Code. 



12 

monthly with the Territorial Code Authority and his County 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 employee. 

Article VII — Limitations Upon Pkice Increases: Prior 

Contracts 

Section 1. Limitation Upon Price Increases. — No retailer shall 
increase the price of any merchandise sold after the effective date of 
this Code over the price existing June 1, 1933, by more than is made 
necessary by the amount of increases in production, operating, re- 
placement, and/or invoice costs of merchandise, and/or by taxes or 
other costs resulting from action taken pursuant to the National 
Industrial Recovery Act and/or the Agricultural Adjustment Act 
since June 1, 1933, and in setting such price increases retailers shall 
give full weight to probable increases in sales volume. It is pro- 
vided, however, that if any price on June 1, 1933, was a distress 
price, an equitable adjustment may be made. 

Section 2. AdjtistTnent of Prior Contracts. — Where costs of exe- 
cuting contracts entered into before June 16, 1933, by any retailer for 
the purchase of goods at fixed prices for delivery during the dura- 
tion of this Code are increased by the application of the provisions 
of the National Industrial Recovery Act and/or the Agricultural 
Adjustment Act, it is deemed equitable and promotive of the pur- 
poses of the Act that appropriate adjustments of such contracts 
to reflect such increased costs actually incurred be arrived at by 
mutual agreement or arbitral proceedings or otherwise, and the 
Territorial Code Authority provided for in Article X hereinafter 
is constituted an agency to assist in effecting such adjustments. 

Article VIII — Loss Limitation Provision 

Section 1. Loss Limitation Provisions. — (a) Loss Leader Sales: 
In order to prevent unfair competition against local merchants the 
use of the so-called " loss leader is hereby declared to be an unfair 
trade practice. These " loss leaders " are articles often sold below 
cost to the merchant for the purpose of attracting trade. This 
practice results, of course, either in efforts by the merchant to make 
up the loss by charging more than a reasonable profit for other 
articles, or else in driving the small merchant with little capital 
out of legitimate business. It works back against the producer of 
raw materials on farms and in industry and against the labor so 
employed. 

(b) This declaration against the use of " loss leaders " by the 
storekeeper docs not prohibit him from selling an article without 
any profit to himself. But the selling price of articles to the con- 
sumer shall include an allowance for actual wages of store labor, 
to be fixed and published from time to time by the Administrator. 
Cost to the merchant shall be the net invoice delivered cost, or 
replacement cost, whichever is lower. 

(c) Provided, however, that any merchant may sell any article 
of merchandise at a price as low as the price set by any competitor 
in his trade area on morcliandise which is identical or essentially 
the same, if such competitor's price is set in conformity with the 



foregoing provision. A merchant who thus reduces a price to meet 
a competitor's price as above defined shall not be deemed to have 
violated the provisions of this Section if such merchant immediately 
notifies the nearest representative retail trade organization of such 
action and all facts pertinent thereto. 

Section 2. Exceptions. — (a) Permissible Sales Below Cost: Not- 
withstanding the provisions of the preceding Section, any retailer 
may sell at less than the prices specified above, merchandise sold as 
bona fide clearance, if advertised, marked and sold as such; highly 
])erishablo merchandise, which must be promptly sold in order to 
forestall loss; imperfect or actually damaged merchandise, or bona 
fide discontinued lines of merchandise, if advertised, marked and 
sold as such ; merchandise sold upon the complete final liquidation 
of any business; merchandise sold to public carriers; departments 
of government, hospitals, schools and colleges, clubs, hotels, and 
other institutions, not for resale and not for redistribution to indi- 
viduals; merchandise sold or donated for charitable purposes or to 
unemployment relief agencies; and drugs or drug sundries sold to 
l)hysicians, nurses, dentists, veterinarians, or hospitals. 

(b) Patronage Refunds by Farmers' Associations: Nothing in the 
provisions of the preceding Section shall be construed to prevent 
bona fide farmers' associations engaged in purchasing supplies and/or 
equipment for their membership from making patronage refunds to 
their membership. 

(c) Cost of Premiums Included in Price: Where a bona fide pre- 
mium or certificate representing a share in a premium is given away 
with any article the base upon which the minimum price of the 
article is calculated shall include the cost of the premium or share 
thereof. 

Abticxb IX — Trade Practices 

All retailers shall comply with the following trade practices: 
Section 1. Advertising and Selling Methods. — (a) Inaccurate 
Advertising of Merchandise: No retailer shall use advertising, 
whether printed, radio or display or of any other nature, which is 
inaccurate in any material particular or misrepresents merchandise, 
(including its use, trademark, grade, quality, quantity, size, origin, 
material, content, preparation, or curative or therapeutic effect) or 
credit terms, values, policies, or services; and no retailer shall use 
advertising and/or selling methods which tend to deceive or mislead 
the customer. 

(b) Inaccurate Reference to Competitors: No retailer shall use 
advertising which refers inaccurately in any material particular to 
any competitor or his merchandise, prices, values, credit terms, poli- 
cies, or services. 

(c) Advertising Policy of Underselling: No retailer shall iise 
advertising which inaccurately lays claim to a policy or continuing 
practice of generally underselling competitors. 

(d) Secret Gift to Agent or Purchaser: No retailer shall secretly 
give anything of value to the employee or agent of a customer for 
the purpose of influencing a sale, or in furtherance of a sale render a 
bill or statement of account to the employee, agent or customer which 
is inaccurate in any material particular. 



14 

(e) Urging Customers to Take Substitute : No retailer shall place 

obstacles in the way of the purchase of a product which a customer 
orders by brand name by urging upon the consumer a substitute 
product in a manner which disparages the product ordered. 

Section 2. NRA Label. — No retailer shall purcliase, sell or ex- 
change any merchandise manufactured under a Code of Fair Com- 
petition which requires such merchandise to bear an NKA label, 
unless said merchandise bears such label. Any retailer rightfully 
possessing the insignia of the NRA v.dio has in stock or purchases 
similar merchandise which has been manufactured before the effective 
date of the Code of Fair Competition requiring such merchandise to 
bear an NR,A label may attach thereto the NKA insignia. 

Section 3. Prison-Made Goods. — (a) Where any penal, reform- 
atory or correctional institution, either by subscribing to the Prison 
Labor Compact, or by a binding agreement of any other nature, sat- 
isfies the Administrator that merchandise produced in such institu- 
tion or by the inmates thereof will not be sold except upon a fair 
competitive basis with similar m'^rchandise not so produced, the 
provisions of paragraph (b) hereof shall not apply to any merchan- 
dise produced in such manner in the institutions covered by such 
agreement. 

(b) Except as provided in the foregoing paragraph, no retailer 
shall knowingly buy or contract to buy any merchandise produced 
in whole or in part, in a penal, reformatory or correctional institu- 
tion. After sixty days following the effective date of this Code, no 
retailer shall knowingly sell or offer for sale such merchandise. 
Nothing in this Section, however, shall affect contracts, which the 
retailer does not have the option to cancel, made with respect to such 
merchandise before the final approval of this Code. 

(c) Nothing in this Section shall be construed to supersede or 
interfere with the operation of the Act of Congress approved Jan- 
uary 19, 1929 being Public No. 669 of the TOth Congress and en- 
titled "An Act to Divest Goods, Wares, and Merchandise Manufac- 
tured, Produced or Mined by Convicts or Prisoners of their Inter- 
state Character in Certain Cases ", which Act is known as the Hawes- 
Cooper Act, or the provisions of any Territorial legislation enacted 
under, or effective upon, the effective date of the said Hawas-Cooper 
Act, the said effectiA^e date being January 19, 1984. 

Section 4. G omjoetitors'' Employees. — No retailer shall maliciously 
entice away an employee of a competitor with the purpose or effect 
of unduly hampering, injuring, or embarrassing a competitor in his 
business. 

Section 5. Discounts., Rebates., Refxmds., Etc. — No retailer shall 
grant discounts, rebates, refunds, commissions or credits, whether in 
the form of money or otherwise, and shall not extend to certain pur- 
chasers special services or privileges if such discounts, rebates, re- 
funds, commissions, credits, special services, or privileges are not 
extencled to all purchasers of the same class (individuals directly con- 
nected with his establishment excepted, and then only when mer- 
chandise is for their personal use and not for resale) on like terms 
and conditions, except as between retailers in like lines of business 
and for resale only at a price not less than the retailer's price. This 
shall not be so construed as to prevent a plantation store from selling 



15 

to plantation employees necessaries of life at special prices. A list 
of such necessaries will be made by the Territorial Gode Authority 
subject to the approval of the Administrator. 

Section 6. Paym-ent of Commissions to N on-E7nj)loyces. — No 
retailer shall pay any commissions or any remuneration of any kind, 
to any part-time, occasional, or location salesman not employed by 
said member of the Trade, or to any customer, tipster, or simihir 
person who is not regularly employed on a full-time basis by tho 
Trade. 

Article X — Administration and ExF0RCE:NrENT 

The followinor provisions for the Administration of this Code 
shall apply to all Retail Trade as defined in Section 1 of Article II, 
including but without limitation, the subdivisions of the Retail 
Trade subject to Schedules A, B, C, D, E, and F and any additional 
schedules which may hereafter be approved. 

Section 1. Retail Code Authorities. — (a) (1) The Territorial 
Code Authority shall consist of the Chairman of each of the County 
executive committees of the Retail Association of Hawaii, together 
with such voting members, as may be appointed by the Administra- 
tor. In addition there may be not more than three members, with- 
out vote, to be known as Administration Members to be appointed 
by the Administrator to serve for such terms as he may specify. 

(2) The Territorial Code Authority shall, to the extent permit- 
ted by the Act, be responsible for the proper administration and en- 
forcement of the provisions of this Code and any revisions thereof 
or additions thereto. It shall coordinate and supervise the activi- 
ties of the subordinate County Code Authorities and prescribe rules 
and regulations for their procedure. 

(3) The County Executive Committees of the Retail Association 
of Hawaii, together with such voting members as may be appointed 
by the Administrator, shall constitute the County Code Authorities 
for their respective counties. In addition there may be not more 
than three members, without vote, to be known as Administration 
members, to be appointed by the Administrator to serve for such 
terms as he may specify. 

(4) In appointing voting members to the Territorial Code Au- 
thority and the County Code Authorities, the Administrator shall 
provide such representation for non-members of the Retail Associa- 
tion of Hawaii as he deems proper. 

(b) Reports and Investigations: The Territorial Code Authority 
shall, subject to the approval or upon the request of the Adminis- 
trator require from all retailers such reports as are necessary to 
effectuate the purposes of this Code, and may, upon its own initia- 
tive, or upon the complaint of any person affected, make investiga- 
tions as to the functioning and observance of any provisions of the 
Code and report the results of such investigation to the Adminis- 
trator. 

(c) Recommendations: The Territorial Code Authority may from 
time to time present to the Administrator recommendations (includ- 
ing interpretations) based on conditions in the Trade which may 
tend to effectuate the operation of the provisions of this Code and 



16 

the policy of the National Industrial Recovery Act. Such recom- 
mendations shall, upon approval by the Administrator, become 
operative as part of this Code. 

Section 2. Expenses. — (a) It being found necessary in order to 
support the administration of this Code and to maintain the stand- 
ards of fair competition established hereunder and to effectuate the 
policy of the Act, the Territorial 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 
ehall be held in trust for the purposes of the Code ; 

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

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

(b) Each retailer shall pay his or its equitable contribution to the 
expenses of the maintenance of the Territorial Code Authority and 
liis or its respective County Code Authority, determined as herein- 
above provided, and subject to rules and regulations pertaining 
thereto issued by the Administrator. Only retailers complying 
with the Code and contributing to the expenses of its administration 
Rs hereinabove provided, unless duly exempted from making such 
contributions, shall be entitled to participate in the selection of mem- 
bers of the Territorial Code Authorit}^ or County Code Authority 
or to receive the benefits of any of its voluntary activities or to make 
pse of any emblem or insignia of the National Recovery 
Administration. 

(c) Neither the Territorial Code Authority nor any County Code 
Authority shall either 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 ap- 
proved budget, except upon approval of the Administrator; and no 
subsequent budget shall contain any deficiency item for expenditures 
in excess of prior budget estimates except those which the Adminis- 
trator shall have so approved. 

Section 3. If the Administrator shall determine that any action of 
a Code Authority or any agency thereof may be unfair or unjust or 
contrary to the public interest, the Administrator may require that 
such action be suspended to afford an opportunity for investigation 
of the merits of such action and further consideration by such Code 
Authority or agency pending final action which shall not be effective 
imless the Administrator approves or unless he shall fail to dis- 
approve after thirty days' notice to him of intention to proceed with 
such action in its original or modified form. 

Section 4. In order that the Territorial Code Authority and 
County Code Authorities shall at all times be truly representative 
of the Trade and in other respects comply with the provisions of the 
Act, the Administrator may prescribe such hearings as he may deem 



17 

proper; and thereafter if he shall find that any such Code Authority 
IS not truly representative or does not in other re.spects comply with 
the provisions of the Act, may require an appropriate modification of 
such Code Authority. 

Article XI — General 

Section 1. Mevibership in Retail Association. — Each trade or 
industrial association directly or indirectly participating in the 
selection or activities of the Territorial Code Authority or any 
County Code Authority shall (1) impose no inequitable restric- 
tions on membership, and (2) submit to the Administrator true 
copies of its articles of association, by-laws, regulations, and any 
amendments when made thereto, together with such other informa- 
tion as to membership, organization, and activities as the Adminis- 
trator may deem necessary to effectuate the purposes of the Act. 

Section. 2. Infotvyiation to he Furnished Government Agencies. — 
In addition to information required to be submitted to the Terri- 
torial Code Authority, retailers subject to this Code shall furnish 
such statistical information as the Administrator may deem neces- 
sary for the purpose recited in Section 3 (a) of the Act to such 
Federal and Territorial agencies as he may designate ; jDrovided, that 
nothing in this Code shall relieve any retailer of any existing obli- 
gations to furnish reports to any government agency. No individ- 
ual reports shall be disclosed to any other retailer or any other 
party except to such other Governmental agencies as may be directed 
by the Administrator. 

Section 3. Prohibition Against Monopolies. — The provisions of 
this Code shall not be interpreted or applied to promote monopo- 
lies or monopolistic practices or to eliminate or oppress small enter- 
prises or to discriminate against them. 

Section 4. Prohibition Against Use of Subterfuge. — No retailer 
shall use any subterfuge to frustrate the spirit and intent of this 
Code, w^hich is, among other things, to increase employment by 
universal covenant, to remove obstructions to commerce, to shorten 
hours of work and to raise wages to a living basis. 

Section 5. Right of President to Cancel or Modify. — This Code 
and all of the provisions thereof are expressly made subject to the 
riglit of the President, in accordance with the provisions of Section 
10 (b) of Title I of the National Industrial Recovery Act, from time 
to time to cancel or modify any order, approval, license, rule, or 
regulations, issued under Title I of said Act. 

Section 6. Modifications and Supplementary Provisions. — (a) 
Such of the provisions of this Code as are not required to be included 
herein by the National Industrial Recovery Act may, with the ap- 
proval of the President, be modified or eliminateid as changes in con- 
ditions or experience may indicate. 

(b) It is contemplated that from time to time supplementary pro- 
visions of this Code or additional Codes will be submitted for the 
approval of the Administrator to prevent unfair competitive prac- 
tices and to effectuate the other purposes and policies of Title I of 
the National Industrial Recovery Act. 



18 



Section 7. Expiration. — This Code shall continue in effect until 
June 16th, 1935, or the earliest date prior thereto on which the Presi- 
dent shall by proclamation, or the Congress shall by joint resolution, 
declare that the emergency recognized by Title I of the National 
Industrial Recovery Act has ended. 



Article XII 



Section 1. Unless the contrary is indicated, the above provisions 
phall govern the trades and industry treated in the schedules hereto 
annexed. 



Approved Code No. 525. 
Registry No. 1625-61. 



SCHEDULE A 

SUPPLEMENTAKY PROVISIONS AND M ODIilC ATION S APPLICAnLE TO RETAIL DRUGS E3- 
TAHLISHMKNTS AND TO ALL RETAILERS DEALING IN DKUGS AND AIXIED PRODUCTS 
WITHIN THE TERRITORY OF HAWAII 

In addition to the foregoing provisions of tbis Code, tiie following supple- 
mentary provisions and modifications shall apply to retail drug establishments 
and to all retailers dealing in drugs and allied products. 

Section 1 — Definitions 

(1) Retail Drug Trade. — The term "retail drug trade" as used herein shall 
mean all selling to the consumer and not for the pui-pose of resale in any form 
of drugs, medicines, cosmetics, toilet preparations, drug sundries, and/or allied 
items, in the Territory of Hawaii. It is provided, however, that the term " re- 
tail drug trade " shall not include the dispensing of drugs, medicines, and medi- 
cal supplies by a physician, dentist, surgeon, or veterinarian in the legitimate 
practice of his profession. 

(2) Dr^ig Retailer. — The term " drug retailer " as used herein shall mean any 
individual or organization engaged wholly or partially in the retail drug trade. 

(0) Retail Drug Establishment. — The term "retail drug establishment" as 
used herein shall mean any store or department of a store engaged in the retail 
drug trade, but shall not include stores or departments, in which the principal 
business is the selling at retail of products other than drugs, medicines, cos- 
metics, toilet preparations, drug sundries, and/or allied items. 

(4) Drugs. — The term "drug" as used herein shall mean all medicinal sub- 
stances and preparations recognized in the United States Pharmacopoeia and 
National Formulary or any supplements thereto, and all substances and prepa- 
rations intended for external or internal use in the cure, mitigation, treatment 
or prevention of disease in man or other animals, and all substances and prepa- 
rations other than food (but including medicinal or quasi -medicinal prepara- 
tions, such as tJiose sold or produced primarily for their vitamin content), 
intended to affect the structure or any function of the body of man or other 
animals. 

(5) Cosmetics and Toilet Preparations. — The tei'm "cosmetics" and the 
term " toilet prei^arations " as used herein shall mean toilet articles and per- 
fumes, toilet waters, face powders, face creams, rouges, shaving creams, denti- 
frices, soaps, and similar s^lbstances and preparations designed and intended 
for application to the person for the purpose of cleansing, improving the appear- 
ance of, refreshing or preserving the person. 

(G) Drug Sundries. — The term "drug sundries" as used herein shall mean 
such articles as are used in conjunction with but not included in " drugs ", 
" cosmetics ", or " toilet preparations." 

(7) Registered Pharmacist, Assistant Phaimacist, Apprentice Pharmacist. — 
The term " registered pharmacist," " assistant pharmacist," and " apprentice 
pharmacist " as used herein shall have tlie meaning given to them under the 
laws of the Territoiy of Hawaii. 

Section 2 — Store Hours and Hours of Labor 

(1) Group IT, for Retail Drvg Estahlishments. — In place of any of the sched- 
ules of store hours and hours of labor set forth in Article V, Section 1, retail 
drug establishments may elect to remain open for business seven (7) days a 
week for a total of eighty-four (84) hours or more per week but on no day 
for less than eight (8) hours; but no employee of such establishment, except as 
provided in Article V, Sections 4 and 5, shall be permitted to work more than 
fifty-six (56) hours per week or more than ten (10) hours per day, nor more 
than thirteen (13) days in any two consecutive weeks. 

(19) 



20 

(2) Exceptions In Case of Plvarmacists. — The maximum hours of labor pre- 
scribed in Article V and in paragraph (1) of this Section shall not apply to 
registered pharmacists, assistant pharmacists, and apprentice pliarmacists, em- 
ployed and worlving as such, who may be permitted to work ten (10) per cent 
above the maximum hours otherwise applicable, or more in cases of emergency. 

Section 3 — Wages * 

(1) Basic Rates for- Retail Drug Establishments Electing to Operate in 
Oroup IV. — No employee of a retail drug establishment which has elected to 
operate in Group IV as set forth above, shall, except as provided in Article VI, 
Section 2, be paid for a fifty-six (56) hour work week less than at tlie rate of 
thirteen dollars ($13.00) per week in cities of over 25,000 population; in cities, 
towns, and villages of from 2,500 to 25,000 population, the wages of all classes 
of employees of such establishments shall not be less than at the rate of eleven 
dollars ($11.(X)) per week; in towns, villages, and other places with less than 
2,500 population, the wages of all classes of employees shall not be less than 
ten dollars ($10.00) per week. 

(2) Exception to above. — Retail drug establishments may elect to operate 
departments of their business under Article V, Section 1, Groups I, II, and III, 
and Article VI, providing that such election shall be posted in accordance with. 
Article V, Section 2. 

Section 4 — Tbade Peactices 

In addition to the trade practices set forth in Article IX, all drug retailers 
shall comply with the following : 

(1) No drug retailer shall substitute another article or any part thereof 
for the kind ordered, without due notice to and consent of the customer. 

(2) No drug retailer shall advertise to fill prescriptions at a uniform price 
irrespective of cost of ingredients or quantity prescribed. 

(3) No drug retailer shall permit any domonsti'ator or sales employee, whose 
salary is wholly or partially paid by a manufacturer or distributor, to work 
in his establishment unless such demonstrator or sales employee is clearly and 
openly identified as the agent of such manufacturer or distributor. 

(4) Loss Limitation Provision. — In place of the provisions of Article VIII, 
Section 1, the following provision shall apply to all retailers selling the products 
specified hereinafter ; " Inasmuch as the vast preponderance of drug store 
products are distributed through small drug retailers who are unable to pur- 
chase on a quantity basis but who perform services which are essential to the 
welfare of those in their communities, and whereas such services cannot 
adequately be performed through the facilities provided by their competitors, 
and whereas in some cases sales are made to consumers by such competitors at 
prices below the lowest cost of purchase normally obtainable for such mer- 
chandise by small drug retailers, and whereas in most instances such sales 
prices are not a true indication of the general level of prices of such competi- 
tors and no general benefit to those in the community accompanies the same, 
but such prices are in fact in the nature of bait offers of merchandise to attract 
trade, it is hereby declared an unfair trade practice and is prohibited by this 
Code for any drug retailer to sell any drugs, medicines, cosmetics, toilet prepa- 
rations, or drug sundries at a price below the manufacturer's wholesale list 
price per dozen, provided, however, that in the case of biologicaLs or other 
of the above-mentioned products which are not customarily sold in dozen or 
greater lots the Territorial Code Authority may fix a comparable unit quantity, 
and provided further that any discount, free deal, or rebate which is made 
available to all purchasers of dozen lots or comparable quantities, shall be 
considered as part of the manufacturer's wholesale list price." 

SeKTITON 5— AoMINISTUA'nON 

The administration of this Schedule shall be governed in accordance with 
Article X of this Code. 



* See paragraphs 2 (2) and 2 (3) of order approving this Code. 



SCHEDULE B 

SUPPLEMENTARY PROVISIONS AND MODIFICATIONS APPLICABLE TO Bin-AIL FOOD AND 
GROCBKY ESTABLISHMENTS AND TO AU. BETTAILEBS DEALING IN FOOD, QBOCEKIES 
AND THEIR ALIJED PBODUCIS WITHIN THE TEREITOKY OF HAWAII 

In addition to the foregoing provisions of this Code, the following supple- 
mentary provisions and modifications shall apply to retail foo<l and grocery 
establishments and to all retailers dealing in food and groceries and their allied 
products. 

Section 1 — Definitions 

(1) Retail Food and Grocery Trade. — The term "retail food and grocery 
trade" as used herein shall mean all selling of food and/or grocery products 
to the consumer and not for the puiiJose of resale in any form within the 
Territory of Hawaii, but shall not include the selling of food in restaurants 
for consumption upon the premises, or the selling of milk or its products by 
delivery from house to house upon regular routes. It is provided, however, 
that the term shall not include the selling of any food or gercery products 
whicli are now or may hereafter be governed by a separate Code of Fair 
Competiticm. 

(2) Food and Grocery Retailer. — The term "food and grocery retailer" as 
used herein shall mean any individual or organization engaged whoUy or 
partially in tlie retail food and grocery trade. 

(3) Retail Food and Grocery Establishment. — The term "retail food and 
grocery establishment " or " establishment " as used herein shall mean any 
store, department of a store, sliop, stand or other place where a food and 
grocery retailer carries on business other than those places where the principal 
business is the selling at retail of pn^ducts not included within the definition 
of retail food and grocery trade. 

Section 2 — Stoke Hours and Hours of Labor 

(1) Basic Hours of Labor. — No employee except as herein provided, shall 
be permitted to work more than forty-eight (48) hours per week, or more 
than ten (10) hours per day, nor more than six (6) days per week. 

(2) Exception to Basic Working Hours. — It is provided that an establish- 
ment which operates a grocery and meat department as separate units, shall 
be permitted to exempt one worker in addition to the proprietor or executive 
from all restrictions upon hours provided that such additional worker shall 
not receive less than tliirty dollars ($.'>0.00) per week. 

(3) Exception for Delicatessen Stores. — It is provided, that no delicatessen 
store whose principal business is serving, preparing and selling food ready for 
immediate consumption, may operate longer hours than those prescribed by 
Article V, Section 1. 

(4) Re flint ration of Store Hours. — All establishments shall register the 
operating hours tliey select with the County Code Authority, and shall post 
such hours in a conspicuous place in the establishment. 

Section 3 — Wages 

(1) Basic Schedtde of ^yar|es. — On and after the effective date of this 
Schedule, the minimum weekly rate of wages shall be paid for a work week 
as specified in Article V of this Code, and such wages whether paid on an 
hourly, weekly, monthly, commission, or any other basis shall, except as 
provided hereafter, be as follows : 

(a) Witliin cities of over 25,000 population, no employee shall be paid less 
than at the rate of twelve dollars ($12.00) per week. 

(21) 



22 

(b) Within cities, towns, and villages of from 2,500 to 25,000 population, 
no employee slaall be paid less than at the rate of ten dollars ($10.00) per 
week. 

(c) "Within towns and villages with less than 2,500 population, the wages 
of all classes of emploj-ees shall not be less than nine dollars ($9.00) per week. 

Section 4 — Loss Liimitation Provision 

Cost to the merchant shall be the invoice or replacement cost, whichever is 
lower, after deduction of all legitimate trade discounts exclusive of cash diS; 
counts for prompt payment. 

Section 5 — Administration 

The administration of this Schedule shall be governed in accordance with 
Article X of this Code. 



SCHEDULE 

SUPPl.KilKNTARY PROVISIONS AND MODIFICATIOr.S APPLICABLE TO RETAIL MUSIO 
AND RADIO DEALERS, AND RADIO AND MUSIC SERVICE SHOPS WITHIN THE TER- 
RITORY OF HAWAII. 

Ill addition to the foregoing provisions of this Code, the following supple- 
mentary provisions and modifications shall apply to retail music and radio 
cstahlislinients and to all retailers dealing in radio and nn:sical instruments. 

Section 1 — Trade Practices 

lu addition to the trade practices set forth in the provisions of the Code, 
it shall be considered unfair trade practices for any music or radio dealer to: 

(1) Display his unit merchandise without its cash retail price plainly 
marked thereon. 

(2) Guarantee to the purchaser any radio for free service of time work in 
excess of thirty days or parts replacement in excess of nintey days from 
date of sale, except where a radio is covered by another guarantee for a greater 
period of time. 

Section 2 — Administration 

The administration of this Schedule shall be governed in accordance with 
Article X of this Code. 



(23) 



SCHEDULE D 

eUPPLEMENTARy PKO^^SIONS AND MODIFICATIONS APPLICABLE TO RETAIL ELECTKIO 
REFRIGEKATION DBALEKS AND ESTABLISHMENTS WITHIN THE TERRITORY OF 
HAWAII 

111 addition to tlie foregoing provisions of this Code, tlie following supple- 
mentary provisions and modifications shall apply to retail refrigeration estab- 
lisJunents and to all retailers dealing in electric refrigeration. 

Section 1 — Trade Practices 

In addition to the trade practices set forth in the provisions of this Code it 
shall be considered an unfair trade practice for any electrical refrigeration 
establishment or retailer to: 

(1) Deliver any electric refrigerator to a prospective purchaser on approval 
or free trial. 

(2) Display his unit meirhandisc without its cash retail price plainly marked 
thereon. 

(8) Accept a time contract from the purchaser of an electric refrigerator 
on terms in excess of twenty-four (24) months. 

(4) When, in the opinion of the Territory Cotle Authority, other unfair trade 
practices exist within the Trade governed by this Schedule, the Territorial 
Code Authority may request the Administrator to conduct such hearings as he 
deems necessary and with his approval a ban upon such unfair trade practices 
will become a part of this Schedule. 

Section 2 — Exceptions 

The foregoing trade practices do not restrict any dealer from following any 
special sales plans or campaigns when the manufacturer of the product being 
pold by the dealer is promoting or sponsoring such campaign nationally. In 
(Such case it shall also be the privilege for any other refrigerator dealer or 
establishment to adopt similar plans that will permit said dealer or establish- 
ment to meet his competitor on fair terms. 

Section 3 — Administration 

The administration of this Schedule shall be governed in accordance with 
Article X of this Code. 



(24) 



SCHEDULE E 

SUPPLEMENTARY PROVISIONS AND MODIFTCATIONS APPLICARLE TO RETAIL JLWELRT 
ESTABLISHMENTS AND TO ALL RETAILEK.S DKALIXG IN JEWEJ.KY AND ALLIED 
PRODUCTS WITHIN THE TERRITORY OF HAWAII 

In addition to the foregoing provisions of tl)is Code, the following supple- 
mentary provisions and modifications shall apply to retail jewelry establish- 
ments and all retailers dealing in jewelry and allied products. 

Section 1 — l)f:FiNiTioNs 

(1) Retail JcwcJnj Trade. — The term "retail jewelry trade'' as used herein 
shall mean all selling to the consumer, and not for the purpose of resale in any 
form, of jewelry as defined lierein or services <m- rtjiairs to jeweh-y, in the 
Territory of Hawaii. 

(2) Retail Jeweler. — The term " retiiil ji-welei- "" as used herein shall mean 
any individual or organization engaged wholly or partially in the retail jewelry 
trade. 

(3) Jctcelnj. — The term "jewelry" as used herein shall mean diamonds and 
other precious and semi-precious stoiies. pearls, cultured pearls, synthetic 
stones, and any imitations of any of these articles, articles for personal wear 
and adornment of any character whatsoever commonly and commercially known 
as "jewelry", watches, clocks, silverware, goldware, and precious metalware of 
the platinum group, and wares plated witli ;uiy ]irecious metal. 

(4) Retail Jeirclri/ Efitahli.sJiiuoit. — The term " retail jewelry establishment " 
as used herein shall mean any store or department of a store engaged in the 
retail jewelry trade, but shall not include stores or departments in whieh the 
principal business is the selling at retail of products other tlian j(>\velry, or 
services or repairs to jewelry. 

Section l' — Tkade I'isactices 

In addition to the Trade Practices set forth in Article IX nf iliis Code, all 
retail jewelers shall comply with tbe following: 

(1) No retail jeweler shall violate National Stamping Laws or the standards 
of quality approved by the United States Bureau of Standards. 

(2) No retail jeweler sliall use the word "perfect" or any otiier word or 
expression of similar meaning, in any way, in connection with, or as descrip- 
tive of, any diamond, ruby, sapphire, or emerald which discloses flaws, cracks, 
carbon, .spots, clouds, cloudy texture, or blemishes of any sort wlien examin.ed 
by a trained eye under a diamond loupe of not less than 7 power. 

(3) No retail jeweler shall use tlie word "diamond", "emerald", "ruby", 
"sapphire", or "pearl" in selling, offering for sale, or a.dvertising for sale 
any article or articles that are manufactured, produced or artificially cultured 
or cultivated as an imitation of, or substitute for, any real or natural diamond, 
emerald, ruby, sapphire, (u* pearl, as defined hereafter, without using a v>-ord 
or words con.spicuously and clearly portraying that the article is manufactured, 
produced, or artifically cultured ov cultivated, as the case may be. 

DEFINITIONS 

Diamond: A mineral consisting essentially of pure carbuu crystallized in tbe 
isometric .system, generally in octahedron form, either colorless or variously 
tinted. Its hardness is 10 and its specific gravity is about 3.525. 

Emei'ald : A briglit-green variety of beryl which crystallized in the rhonibo- 
hedral system, almost always in six-sided prisms. Its color is due to tbe 
presence of chromium. Its hardness is about 7.8 and its specific gravity very 
nearly 2.7. 

(-5) 



26 

Ruby : The name *' ruby " is given to the transparent retl variety of the 
mineral corundum, which is nearly pure alumina (AI2O3). The color is due 
to the addition of minute quantities of metallic oxides to the alumina. Its 
hardness is about 8.8 and its siiecific gravity varies from 3.97 to 4.05. 

Sapphire : The name " sapphire " is given to the transparent blue variety 
of the mineral corundum, which is nearly pure alumina (AI2O3). The color 
is due to the addition of minute quantities of metallic oxides to the alumina. 
Its hardness is about 8.8 and its specific gravity varies from 3.97 to 4.05. 
Sapphires may be of other colors than blue, but in that case are commercially 
classed as semi-precious stones. 

Pearl : Pearls are lustrous concretions, consisting essentially of concentric 
layers of carbonate of lime interstratifled with animal membrane, found in the 
shells of certain moUusks, the result of an abnormal secretory process caused 
by an irritation of the mantle of the mollusk consequent on the natural in- 
trusion into the shell of some foreign body, as a grain of sand, an egg of the 
mollusk itself, or perhaps some cercarian parasite, or an excess of carbonate 
of lime in the water. 

(4) No retail jeweler shall use the words "real", "genuine", "natural", 
or any other words of similar meaning, in any way, in connection with, or 
as descriptive of, any article or articles that are manufactured, produced, or 
artificially cultured or cultivated, as an imitation of, or substitute for, any 
precious or semiprecioiis stones or pearls. 

(5) No retail jeweler selling jewelry to the ultimate consumer shall refer 
his customers to the establishment of another retailer with the suggestion 
that the customer make a selection but no purchase, thus parasitically using 
the facilities of the latter retailer, such as stock and salesmen's time, to 
create sales for himself by offering and delivering the identical goods to his 
customers at greater profit to himself, because others bear a substantial part 
of the cost of his effecting such sale. 

(6) No retail jeweler shall issue price lists and/or catalogues the tendency 
of which, in connection with the offering of discounts, is to give to the consumer 
the Impression that the prices are bargain prices, when such in fact is not 
the case. 

(7) No retail jeweler shall advertise or offer to repair watches or clocks at 
n uniform price irrespective of the cost of such repairs. 

(8) No retail jeweler shall sell, offer for sale, or advertise for sale, rebuilt 
watches unless such articles are clearly designated as such. 

(9) No retail jeweler shall appraise any articles of jewelry unless such 
appraisal is in writing over his signature. 

Section 3 — Administuation 

The administration of this Schedule shall be governed in accordance with 
Article X, of this Code. 



SCHEDULE F 

Srri'LEMBNTARY PROVISIONS AM) MOIJIKICATIONS APl'LICABI.K TO THE I'lIOTCCRArHIO 
AND PHOTO FINISHING INDl'STKY WITHIN THE TERRITORY OF HAWAII 

la addition to (ho furi'iidliii;' in-ovisions of this (Vido, the following;- siipide- 
inontary iirovisions and iiKidifK'ntidiis sliall apply to riiotoitraiiliH.' ami I'lioto 
FinisIiin.L? cstal>lislimoiits. 

Section 1 — DilFinitions 

(1) Pholof/rapliic and Photo Finishinti Induxtnj. — The term "Photographic 
and Photo Finishing Industry " as used herein includes the production and 
sale of photographic reproductions and/or prints and the development of ex- 
posed photographic films, plates, or packs, and/or the printing thereof. This 
term shall not include blueprinting, photostating. X-raying, and motiitn pictures. 

(2) The Three Divisions of this Industry are: 

(a) Portrait photography, which includes the production and sale of photo- 
graphic reproductions of natural persons. 

(b) Commercial pliotography, which includes the production and sale of 
photograph reproductions of natural persons, properties, chattels, and docu- 
ments. 

(c) Photo finishing, which includes the development and/or printing of 
exposed photographic films, plates, or packs, and the sale thereof. 

Section 2 — Trade Practices 

(1) The following practices, applicable to all divisions, constitute unfair 
methods of competition for members of the Industry and are prohibited : 

la) False Invoices. — To withhold from or insert in an invoice or order state- 
ments or entries which make such documents a false record, wholly or in part, 
of the transaction represented on the face thereof. 

(b) False Marhiny or Brandhig. — The false marking or I)randing of any 
product of the Industry which has the tendency to mislead or deceive cus- 
tomers or prospective customers, whether as to the grade, quality, quantit.v, 
substance, character, nature, origin, size, finish, or preparation of any product 
of the Industry or otherwise. 

(c) Breach of Contracts. — Inducing or attempting to induce the breach hi 
an existing oral or written contract between a comiJOtitor and his customers, 
or source of supply, or interfering witli or obstructing the performance of 
any such contractual duties or services. 

(d) Copying of Proofs. — To copy without the maker's permission, proofs 
and/or photographic prints which bear tl»e name of the maker when his 
establishment is still in existence. 

portrait photocraphy 

(2) The following practices, applicable to the Portrait Phot(igrapliy Division, 
constitute additional unfair methods of competition for momb(>rs of that 
division, and are hereby prohibited. 

(a) Secretly Suh:iidi;:e. — To secretly subsidize prominent [lersons and use 
their names and/or photographs for advertising or display purposes. 

(b) Disclose Name of Producer. — To fail to disclose the name of the member 
actually selling or producing portraits when same are sold or advertised in 
and through another concern. 



(27) 



28 

COMMERCIAL PHOTOGBAPHY 

(3) Commercial Pliotography sball be governed by tbe foregoing Trade 
Practices. 

Section 3 — Administration 

Tlie administration of tbis Scbedule sball be governed in accordance with 
Article X of this Code. 

O 



Approved Code No. 526 
CODE OF FAIR COMPETITION 

FOR THE 

FLOOR MACHINERY INDUSTRY 

As Approved on October 17, 1934 



ORDER 



Approving Code of Fair Competition for the Floor Machinery 

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 Floor Machinery Industry, and hearings 
having been duly held thereon and the amiexed 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 com- 
plies 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 Code of Fair Competition be and it is hereby 
approved. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-fjicer. 

Approval recommended: 
KiLBOUENE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

Octoler 17, 193J^. 

918510—1244-04 84 (29) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the Code of Fair Competition for the 
Floor Machinery Industry, public hearing on which was held in 
Washington, D, C, on July 12, 1934, in accordance with the provi- 
sions of the National Industrial Recovery Act : 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS 

This Code provides for a maximum working period of forty (40) 
hours per week, eight (8) hours in any twenty-four (24) hour period, 
and six (6) days per week. The following are excepted: 

(a) Executives and managerial employees receiving thirty-five dol- 
lars ($35.00) or more per week, traveling salesmen and collectors. 

(b) Employees on emergency maintenance or repair work who 
are to be paicl at least one and one-half (l^/^) times the normal rate 
for time worked in excess of eight (8) hours per day, or forty (40) 
hours per week. 

(c) Employees meeting the requirements of peak demand for any 
six (6) weeks in any six (6) months' period who are to be paid not 
less than one and one-half (1^/^) times the normal rate for time 
Avorked in excess of eight (8) hours in any one day or forty (40) 
hours in any one week. 

^d) Watchmen are permitted to work fifty-six hours per week. 

(e) Stock and shipping clerks and delivery employees may work 
not to exceed forty-four (44) hours per week, with time and one- 
half (l^/j) paid for hours worked in excess of eight (8) hours per 
day or forty (40) hours per week. 

This Code provides for minimum rates of pay of forty cents (40^) 
per hour. It provides for minimum rates of pay for office employees 
of fifteen dollars ($15.00) per week, except in cities of less than 
250,000, when the minimum rate is fourteen (14) dollar's per week. 

Child labor is prohibited, and no person under eighteen (18) years 
of age may be employed at occupations or operations which are 
hazardous in nature or dangerous to health. 

Provisions are made for posting of complete copies of the Code 
and any amendments or modifications which may later be approved. 

ECONOMIC EFFECTS OF THE CODE 

This is a comparativelj^ small industry, the products of which are 
used in the conditioning and maintenance of floor surfaces. 

There are some thirty-four known members of the industry of 
which fourteen represent between 90% and 95% of the production 
volume. 

(30) 



31 

The industry generally has operated for the past year under the 
President's Reem})loyment Agreement, under Avhich wages were 
raised in 1933 about 25%. 

The estimated i)roduction volume of the industry in 1929 was 
$3,200,000, and it employed a total of G71. In 1933 the production 
volume had shrunk to $1,800,000, and there were only 383 employees. 
While there has been an increase of about 10% in the number of 
employees in 1934, a substantial increase is possible only through a 
general resumption of business activity. 

It is expected that the adoption by the industry of the Trade 
Practice Rules provided in this Code will materially assist in restor- 
ing this industry to a healthy basis of operation. 

FINDINGS 

The Deputy Administrator in his final report to us on 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) Said Code is well designed to promote the policies and jDur- 
poses of Title I of the National Industrial Recovei-y Act, including 
removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of indus- 
try for the purpose of cooperative action of labor and management 
under adequate governmental sanctions and supervision, b}^ elimi- 
nating unfair competitive practices, by promoting the fullest possi- 
ble utilization of the present productive capacity of industries, by 
avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by 
reducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

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

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

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

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

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

For these reasons, therefore, we have approved this Code. 
For the National Industrial Recovery Board : 

G. A. Lyncii, 
Administrative Offtcer, 
October 17, 1934. 



CODE OF FAIR COMPETITION FOR THE FLOOR 
ISIACHINERY INDUSTRY 

Article I — Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are submitted as a Code of 
Fair Competition for the Floor Machinery Industry, and upon ap- 
proval 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 " Floor Machinery Industry " or the " In- 
dustry " means the manufacture for sale of floor waxing, scrubbing, 
polishing, sanding, refinishing, or surfacing machinery. 

Section 2. The term " Employee ", as used herein, includes any 
and all persons engaged in the industry, however compensated, ex- 
cept a member of the industry. 

Section 3. The term " Employer ", as used herein, includes anyone 
by whom any such employee is compensated or employed. 

Section 4. 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 In- 
dustry either as an employer, or on his or its own behalf. 

Section 5. The term Association ", as used herein, means the 
Floor Machinery Manufacturers Association. 

Section 6. The terms " President ", "Act ", and "Administrator ", 
as used herein, mean respectively the President of the United States 
of America, Title I of the National Industrial Recovery Act, and 
the Administrator for Industrial Recovery under said Act. 

Article III — Hours 

Section 1. No employee shall be permitted to work in excess of 
eight (8) hours in any twenty-four (24) hour period, or in excess of 
forty (40) hours in any one week or more than six (6) days in any 
seven (7) day period, except as otherwise expressly provided in this 
Article III. 

Section 2. (a) The provisions of this Article III shall not apply 
to persons employed in managerial or executiA'^e capacities who are 
paid thirty-five (35) dollars or more per week (or to traveling sales- 
men, or to collectors who are paid on a commission basis). 

(b) Watclimen shall not be permitted to work in excess of fifty- 
six (5G) hours per week. 

Seciton 3. (a) The maximum hours fixed in Section 1 hereof 
shall not apply for six (6) weeks in any twenty-six (26) weeks 
period, during which overtime sliall not exceed eight (8) hours in 

(32) 



33 

any one week. In any such case at least one and one-half (1^/^) 
times the regular rate shall be paid to each such employee for hours 
worked in excess of eight (8) hours in any twenty-four (24) hour 
period, or in excess of forty (40) hours in any seven (7) day period. 

(b) The maximum hours fixed in Section i hereof shall not apply 
to any employee on emergency maintenance or repair work involv- 
ing break-downs or protection of life or property, but in any such 
special case at least one and one-half {lYz) times his reguhir rate 
shall be paid to each such employee for hours worked in excess of 
eight (8) hours in any twenty-four hour period or in excess of 
fort}^ (40) hours in any seven (7) day period. 

(c) Stock and shipping clerks and delivery employees shall be 
permitted to work not in excess of forty-four (44) hours per week, 
provided that at least one and one-half (11/2) times the regular 
rate shall be paid each such employee for hours worked in excess of 
eight (8) hours in any twenty-four (24) hour period or in excess of 
forty (40) hours in any seven (7) clay period. 

Section 4. No employer shall knowingly permit any employee to 
work for any time which when totaled with that performed for 
another employer or employers exceeds the maximum permitted 
herein. 

Section 5. No employer shall work any accounting or clerical em- 
ployee more than forty (40) hours in any one week nor more than 
six (6) days in any seven (7) day period or more than eight (8) 
hours in any twenty-four (24) hour period. 

Artioe IV — ^Wages 

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

Section 2. No clerical or office employee shall be paid less than 
at the rate of fifteen (15) dollars per week, except in cities of less 
than 250,000 the minimum rate shall be fourteen (14) dollars per 
week. 

Section 3. (a) Office boys and girls or messengers may be paid 
not less than at the rate of eighty (80) percent of the minimum rate 
for clerical and office employees established in Section 2 of this 
Article, but the total number of such office bojj-s and girls and messen- 
gers employed by any one employer shall not exceed five (5) percent 
of the total number of office employees of such employer, provided, 
however, that each employer shall have the right to employ one such 
boy or girl or messenger. The wage provisions of this article shall 
not apply to outside salesmen who are compensated wholly on a 
commission basis. 

(b) A person whose earning capacity is limited because of age or 
physical or mental handicap or other infirmity may be emploved at 
light work at a wage below the minimum established b}^ this Code if 
the employer obtains from the State Authority designated by the 
United States Department of Labor a certificate authorizing his em- 
ployment at such wages and for such hours as shall be stated in the 
certificate. Such authority shall be guided by the instructions of the 
Department of Labor in issuing certificates to such persons. Each 
employer shall file with the Code Authority a list of all such persons 



84 

employed by him, showing the wages paid to, and maximum hours of 
work of, each such employee. 

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

(b) The rates of compensation of all employees receiving more 
than the minimum herein established shall be equitably adjusted by 
all employers who have not already done so since June 16, 1933; 
provided that in no case shall hourly or piecework rates be reduced 
nor shall any office employee have his weekly compensation reduced 
on account of a reduction in the hours of employment in conformity 
with the provisions of Article III. Within thirty (30) days after 
the effective date, each employer in the Industry shall report to the 
Administrator, through the Code Authority the action taken by him 
since June 16, 1933, in adjusting the rate of all hourly and piecework 
employees and of all office employees receiving less than thirty-five 
(35) dollars per week of regular work period. 

Article V — General Labor Provisions 

Section 1. No person under sixteen (16) years of age shall be em- 
ployed in the industry, nor anyone under eighteen (18) years of age 
at operations or occupations hazardous in nature or detrimental to 
health. The Code Authority shall submit to the Administrator 
within sixty (60) days after the effective date of this Code a list of 
such operations or occupations. In any State an employer shall be 
deemed to have complied with this provision if he shall have on file 
a certificate or permit duly signed by the authority in such State em- 
powered to issue employment or age certificates or permits showing 
that the employee is of the required age. 

Section 2. As required by Section 7 (a) of the Act, it is hereby 
provided : 

(a) That employees shall have the right to organize and bargain 
collectively through representatives of their own choosing, and shall 
be free from the interference, restraint, or coercion of employers of 
labor, or their agents, in the dasignation 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. 

(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. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees; and Avhere they displace men, they shall receive the same 
rate of (;ainings as the men they displace. The Code Authority shall 
within ninety (90) days after the effective date of this Code, file 
with the Administrator a description of all occupations in the Indus- 
try in v/hich Ijoth men and women are employed. 

Section 4. An employer shall make payment of all wages due in 
lawful currency or by negotiable check therefor, payable on demand. 



35 

These wages shall be exempt from any payments for pensions, insur- 
ance, or sick benefits other than those voUmtarily paid by the wage 
earners, or required by the law. Wages shall be paid at least at the 
end of every two weeks' period and salaries at least at the end of 
every month. No employer shall Avithhold wages except for legal 
cause. The employer or his agents shall accept no rebates directly or 
indirectly on such wages nor give anything oi value or extend favors 
to any person for the purpose of influencing rates of wages or the 
working conditions of his emploj^ees. 

Sf.ction 5. No provision in this Article shall modify estabUshed 
practices or privileges as to vacation periods, leaves of absence or 
temporary absences from work heretofore granted to oflicc employees. 

Section 6- Every employer shall provide for the safety and health 
of employees during the hours and at the places of their employment. 
Standards for safety and health shall be submitted by the Code 
Authority to the Administrator within three months after the effec- 
tiA'e date of this Code. 

Section 7. No employer shall reclassify employees or duties of 
occupations performed or engage in any other subterfuge for the 
pur^wse of defeating the purposes or provisions of the Act or of 
this Code. 

Section 8. No provision in this Code shall supersede any State or 
Federal law which imposes on employers more stringent require- 
ments as to age of employees, wages, hours of work, or as to safety, 
health, sanitary or general working conditions, or insurance, or fire 
protection, than as imposed by this Code. 

Section 9. All employers shall post and keep posted copies of this 
Code in conspicuous places accessible to all employees. Every mem- 
ber of the Industry shall comply with all rules and regulations rela- 
tive to the posting of provisions of Codes of Fair Competition which 
may from time to time be prescribed by the Administrator. 

Section 10, No employer subject to this Code shall dismiss or 
demote any employee for making a complaint or giving evidence 
with respect to an alleged violation of the provisions of this Code. 

Article VI — Organization, Powers and Duties of the Code 

Authority 

Section 1, A Code Authority is hereby established to administer 
and facilitate the enforcement of this Code. 

Section 2. (a) During the period not to exceed thirty (30) days 
following the a]Dproval of the Code, the Board of Directors of the 
Association shall constitute a temporary Code Authority, and the 
Administrator may, at his discretion, appoint from one (1) to three 
(3) additional members, without vote. 

(b) Within said thirty (30) day period the permanent Code 
Authority shall be elected and organized at a meeting called by Tem- 
porary Code Authority, of which all known members of the Industry 
shall be advised by notices mailed at least fifteen (15) days in 
advance of said meeting. 

The permanent Code Authority shall consist of three (3) mem- 
bers of the Association, who shall be elected by the members thereof; 
one ^1) member of the Industry, who shall be elected by the non- 
association members of the Industry, provided such representation la 



36 

desired. The Administrator may, at his discretion, appoint from 
one (1) to three (3) additional members, without vote. 

(c) Action at any Industry meeting for the election of Code 
Authority shall be by majority vote of the members of the Industry 
entitled to vote as hereinafter provided, who are present in person 
or by proxy duly executed and filed with Code Authority, each such 
member to have one vote. Action for all other purposes, including 
the adoption of Code revision, amendments or supplements, shall be 
by majority vote of eligible members of the Industiy either in per- 
son, by mad or by proxy. 

Section 3. In order that the Code Authority shall at all times 
be truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Administrator may provide such 
hearings as he may deem proper; and thereafter if he shall find 
that the Code Authority is not truly representative or does not in 
other respects comply with the provisions of the Act, may require 
an appropriate modification in the method of selection of the Code 
Authorit}'-. 

Section 4. 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 re- 
quire that such action be suspended to afford an opportunity for in- 
vestigation of the merits of such action and further consideration by 
such Code Authority or agency pending final action which shall 
not be effective unless the Administrator approves or unless he shall 
fail to disapprove after thirty (30) days' notice to him of intention 
to proceed with such action in its original or modified form. 

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 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 
6uch 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 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 contributions, shall be entitled to par- 



37 

ticipate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

3. The Code Authority shall neither incur nor pay any 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- 
ministi'ator ; 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 0. 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 reports to any Government 
agency. 

ARTicitE VII — Open Price 

Section 1. Each member of the Industry shall file with a confi- 
dential and disinterested agent of the Code Authority or, if none, 
then with such an agent designated by the Administrator, identified 
lists of all of his prices, discounts, rebates, allowances, and all other 
terms or conditions 'of sale, hereinafter in this article referred to as 
" price terms ", which lists shall completely and accurately conform 
to and represent the individual pricing practices of said member. 
Such lists shall contain the price terms for all such standard prod- 
ucts of the industry as are sold or offered for sale by said member 
and for such non-standard products of said member as shall be 
designated by the Code Authority. Said price terms shall in the 
first instance be filed within thirty days after the date of approval 
of this provision. Price terms and revised price terms shall be- 
come effective immediately upon receipt thereof by said agent. Im- 
mediately upon receipt thereof, said agent shall by telegraph or 
other equally prompt means notify said member of the time oi such 
receipt. Such lists and revisions, together with the effective time 
thereof, shall upon receipt be immediately and simultaneously dis- 
tributed to all members of the industry and to all their customers 
who have applied therefor and have offered to defray the cost 
actually incurred by the Code Authority in the preparation and 
distribution thereof and be available for inspection by any of their 
customers at the offices 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 thirty day period after the 
approval of this Code. The 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 Code Authority shall furnish 
to the Administrator or any duly designated agent of the Adminis- 
trator copies of any such lists or revisions of price terms. 



38 

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

Section 3. No member of the Industry shall sell or offer to sell 
any products 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 Industry shall enter into any agreement, 
understanding, combination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any member of the Industry to 
change his price terms by the use of intimidation, coercion, or any 
other influence inconsistent with the maintenance of the free and 
open market which it is the purpose of this Article to create. 

Article VIII — Trade Practices 

It shall be an unfair method of competition and a violation of 
this Code for any member of the Industry to engage in any of the 
following practices : 

Section 1. To allow more than one (1%) percent off for cash in 
ten (10) da3^s from date of shipment; nor more than 30 days net; 
provided that machines for resale or rental purposes listing for not 
to exceed $75.00, may be discounted for cash 10th proximo. It is 
further provided, that terms not exceeding four (4) months net may 
be made to charitable and nontaxpaying institutions, schools, hos- 
pitals, and religious institutions. 

Section 2. To manufacture any machine without putting on a 
serial number, and an identification mark, or marks, sufficient to 
properly identify the date and origin of manufacture. 

Section 3. To obliterate, remove, damage, destroy, or tamper with 
or alter in any manner any identification marks in any manner 
whatsoever on any of the products of the Industry, including manu- 
facturer's rating of power unit. 

Section 4. To classify or sell at reduced price any machinery 
and/or equipment as demonstrating machinery and/or demonstrat- 
ing equipment unless that member of the industry notifies the Code 
Authority on the date he placed such machinery and/or equipment 
in demonstrating service with all the identification marks appearing 
on such machinery and/or equipment, and keeps same in demonstrat- 
ing service for one hundred eighty (180) days before he sells such 
machinery and/or equipment. 

Section 5. To allow on deferred payment for machinery and/or 
equipment listing not to exceed seventy-five ($75.00) dollars, terms 
of less than 10% down payment; and machinery and equipment list- 
ing for more than seventy-five ($75.00) dollars, terms of less than 
twenty-five percent (25%) down payment and a period of payment 
longer than twelve (12) months on the balance or to allow said 
balance to be paid on less favorable terms to purchaser than on 
equal monthly installments plus not more than legal rate of interest 
and carrying charge added to such partial payments. 

Section 6. That any member of the Industry shall require the 
purchase or lease of any goods as a prerequisite to the purchase or 
lease of any other goods. 



39 

Section 7. To engage in fictitious or blind bidding for the pur- 
pose of deceiving competitors or purcliasers, or attempt through 
connivance to have all bids rejected to the end that a more advan- 
tageous position may be secured by such member in new bidding. 

Section 8. To usurp design, styles, or patterns originated by a 
competitor and aj^propriate tliem for one's o^Yn use within five (5) 
years after such origination. This section does not affect a member's 
rights under the patent and trade-mark laws. 

Section 9. To imitate the trade marks, trade names, or other 
marks of identification of competitors, having the tendency or 
capacity to mislead or deceive purchasers or prosjjective purchasers. 
This section does not affect a member's rights under the patent and 
trade-mark laws. 

Section 10. To issue false invoices or other documents covering 
sales in which the prices, terms, discounts, allowances, or other facts 
relating to the transaction are in any manner falsely stated. 

Section 11. To discriminate in prices betw^een purchasers of the 
same class under similar conditions except for differences in the 
grade, quality, or quantity purchased. 

Section 12. To agree to conditions or t^rms of sale, or making 
promises of any nature which manifestly cannot be fulfilled. 

Section 13. To quote a total price on any schedule of supplies and 
machinery which does not show unit prices and making any addi- 
tion or deduction on any other basis than the unit price shown. 

Section 14. Commercial Br'ibei'^/. — No meml^ier of the Industry 
shall give, permit to be given or directly or indirectly, offer to give 
an3'thing 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. Commercial bribery provisions 
shall not be construed to prohibit free and general distribution of 
articles commonly used for advertising except so far as such articles 
are actually used for commercial bribery as hereinabove defined. 

Section 15. To defame competitors by falsely imputing to them 
dishonorable conduct, inability to perform contracts, questionable 
credit standing, or by other misrepresentations with the tendency or 
capacity to mislead and deceive purchasers or prospective purchasers. 

Section 16. To offer or make any payment or allowance of a rebate, 
refund, commission, credit, unearned discount or excess alloAvance, 
whether in the form of money or otherwise, for the purpose of influ- 
encing a sale, nor sliall any member extend to any customer any 
special service or privilege not extended to all customers of the same 
class. 

Section 17. Trade-in Allowances. — Within thirty (30) days from 
the effective date of this Code each member of the Industry shall file 
with the Code Authority a schedule of his trade-in allowances on 
machines of his own manufacture which shall establish the maximum 
trade-in allowances of such machines. Such schedules may be re- 
vised from time to time by filing same with the Code Authority. 
The Code Authority shall advise all members of the Industry of these 
prices, which prices shall become effective immediately upon filing. 



40 

It shall be unfair trade practice for any member of the Industry to 
make any trade-in allowance in excess of these prices. 

Article IX — Costs and Price Cutting 

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

(a) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any member of the Industry or of 
any other Industry or the customers of either may at any time 
complain to the Code Authority that any filed price constitutes unfair 
competition as destructive price cutting, imperiling small enterprise 
or tending toward monopoly or the impairment of code wages and 
working conditions. The Code Authority shall within five (5) days 
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 NKA which shall render a report and 
recommendation thereon to the Administrator. 

(b) When no declared emergency exists as to any given product, 
there is to be no fixed minimum basis for prices. It is intended that 
sound cost estimating methods should be used and that consideration 
should be given to costs in the determination of pricing policies. 

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

Section 2. Emergency Provisions. — (a) If the Administrator, 
after investigation shall at any time find both (1) that an emergency 
has arisen within the Industry adversely affecting small enterprises 
or wages or labor conditions, or tending toward monopoly or other 
acute conditions which tend to defeat the purposes of the Act; and 
(2) that the determination of the stated minimum price for a speci- 
fied product within the Industry for a limited period is necessary 
to mitigate the conditions constituting such emergency and to effec- 
tuate the purposes of the Act, the Code Authority may cause an 
impartial agency to investigate costs and to recommend to the Ad- 
ministrator a determination of the stated minimum price of the 
product affected by the emergency and thereupon the Administrator 
may proceed to determine such stated minimum price. 

(b) When the Administrator shall have determined such stated 
minimum price for a specified product for a stated period, which 
price shall be reasonably calculated to mitigate the conditions of 
such emergency and to effectuate the purposes of the National Indus- 
trial Recovery Act, he shall publish such price. Thereafter, during 
such stated period, no member of the Industry shall sell such specified 
products at a net realized price below said stated minimum price 
and any such sale shall be deemed destructive price cutting. From 
time to time, the Code Authority may recommend review or recon- 
sideration or the Administrator may cause any determinations here- 
under to be reviewed or reconsidered and appropriate action taken. 

Section 3. Cost Finding. — The Code Authority shall cause to be 
formulated methods of cost finding and accounting capable of use by 



41 

all members of the Industry, and shall submit such methods to the 
Administrator for review. If approved by the Administrator, full 
information concerninf; such methods shall be made available to all 
members of the Industry. Thereafter, each nu'ml)er of the Indus- 
try shall utilize such methods to the extent found practicable. Noth- 
iniT herein contained shall be construed to permit the Code Authority, 
any a*rent thereof, or any member of the Industry to su«i;<2:cst uniform 
additions, percenta<:jes or diiferentials or other uniform items of 
cost which are designed to bring about arbitrary uniformity of costs 
or prices. 

Article X — Export Trade 

No provisions of this Code relating to prices or terms of selling, 
shipping or marketing, shall apply to export trade. 

Article XI — Modification 

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

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

Article XII — Other Industries 

If any employer in this Industry is also an employer in any other 
Industry, the provisions of this Code shall apply to and affect only 
that part of the business of such employer which is a part of the 
Industry covered by this Code. 

Article XIII — 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 XIV — Price Increases 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult of consummation if prices of goocls and 
services increase as rapidly as wages, it is recognized that price 
increases should be delayed and that, when made, the same should, 
so far as possible, be limited to actual increases in the seller's costs. 



42 
Article XV — Effective Date 

This Code shall become effective ten (10) days after its approval 

by the President. 

Approved Code No. 526. 
Registry No. 1399-66. 

O 



Approved Code No. 527 
CODE OF FAIR COMPETITION 

FOR THE 

METAL HOSPITAL FURNITURE MANUFACTURING 

INDUSTRY 

As Approved on October 23, 1934 



ORDER 



ArriJOviXG Code of Fair Competition for the INIetal Hospital 
FuExrruRE Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a Code of 
Fair Competition for the Metal Hospital Furniture Manufacturing 
Industry, and hearing having been cluly held thereon; and the an- 
nexed report on said Code, containing findings with respect thereto, 
having been made and directed to the President: 
^ N0\^^ 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 com- 
plies 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 Code of Fair Competition be and it is hereby 
api^roved. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 

KiLBOURNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

October 23, 193^. 

92884° 1244-81 34 1 (43) 



REPORT TO THE PRESIDENT 

The President, 

The White Hoiose. 
Sir : This is a report on the Code of Fair Competition for the 
Metal Hospital Furniture Manufacturing Industry, a hearing having 
been conducted thereon in Washington, D. C, August 4, 1934, in 
accordance with the provisions of Title I of the National Industrial 
Recovery Act. 

PROVISIONS AS TO HOURS AND WAGES 

The maximum hours are established in this Code as follows: All 
employees, except employees engaged in an executive, managerial or 
supervisory capacity who receive thirtj^-five dollars ($35.00) per week 
or more and outside salesmen or watchmen — forty (40) hours in 
any one week, or eight (8) hours in any twenty-four (24) hour 
period and six (6) daj^s in any seven (T) day period; watchmen — 
fifty-six (56) hours per week, and one day of rest in every seven 

(7) day period. The maximum hour provisions shall not apply to 
ih& following: Employees on emergency maintenance or emergency 
repair work involving breakdowns or protection of life or property, 
but in any such special case at least one and one-half (11/2) times 
their regular rate shall be paid for hours worked in excess of eight 

(8) hours in any twenty-four (24) hour period or forty (40) hours 
in any one week; employees for six (6) weeks in any twenty-six 
(26) weeks period during which overtime shall not exceed eight 
(8) hours in any one week nor shall any employee be permitted to 
work in excess of nine (9) hours in any twenty-four (24) hour 
period; provided that at least one and one-half (IV2) times the 
regular rate shall be paid for hours worked in excess of eight 
(8) hours in any twenty-four (24) hour period of forty (40) hours 
in any seven day period. No employer shall permit any emploj^ee 
to work for any time which when totaled with that already per- 
formed for another emploj'er, or employers, exceeds the maximum 
permitted herein. 

The minimum wages are established in this Code as follows: All 
employees, except clerical or office employees — forty cents (40^) per 
hour; clerical and office employees — fifteen dollars ($15.00) per week. 
Those mininnim rates of pay shall apply irrespective of whether an 
emj^loyee is actually compensated on a time rate, piecework, or other 
basis and female employees performing subsiantially the same work 
as male employees shall receive the same rate of pay as male em- 
ployees. Employees whose earning ca])acity is limited because of age 
or physical or mental liandicap or otlier infirmity may be employed 
on light work at a w^age below the minimum established by this Code 
if such employer shall obtain from the State authority designated by 
the United States Department of Labor a certificate authorizing his 

(44) 



45 

emploj^ment at such Avagcs and for such hours as shall be stated in 
the certificate. 

The employment of any person under sixteen (16) years of ago 
is prohibited, witli a further provision that no person under eighteen 
(18) years of age may be employed in any occupation hazardous in 
nature or dangerous to health. 

GENERAL STATEMENT 

This Industry consists of com})anies Avhich manufacture for sale, 
and sale by the manufacturer, of mrtal hospital furniture commonly 
used in hospitals or similar institutions and/or by physicians or 
surgeons. 

Tliere are approximately thirty-six manufacturers in the Industry, 
which number has been constant since 1928. The estimated number 
of employees reached a peak in 1930 with 2.370, and a low in 1933 
with 1,940, a decrease of about 18 percent. The estimated aggregate 
invested capital decreased from a peak of $6,990,000 in 1930 to a low 
of $6,638,000 in 1933, a decrease of about 5.1 percent. The highest 
volume of sales was recorded in 1928 with $8,124,000, which volume 
dropped to $5,411,000 in 1933, a decrease of about 33 percent. 

The estimated production capacity has decreased by about 16 
percent during the past five j^ears. 

FINDINGS 

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

It is found that : 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act, including 
removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of indus- 
try for the purpose of cooperative action among the trade groups, 
by including and maintaining united action of labor and management 
under adequate governmental sanction 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 
requirevl), 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 ])rovisions of said Title of said Act, including w^ithout limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant associa- 
tion is an industrial association truly representative of the aforesaid 
Industry; and that said association imposes no inequitable restric- 
tions on admission to membership therein. 



46 

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

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

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

For these reasons, therefore, the National Industrial Eecovery 
Board has approved this Code. 

For the National Industrial Kecovery Board : 

G. A. Ltxcii, 
Administrative 0-fficer. 

October 23, 1934. 



CODE OF FAIR COMPETITION FOR THE METAL HOS- 
PITAL FURNITURE MANUFACTURING INDUSTRY 

Article I — Purfose 

To effect the policies of Title I of the National Industrial Recovery 
Act, this Code is established as a Code of Fair Competition for the 
Metal Hospital Furniture Manufacturing Industry, and upon ap- 
proval its provisions shall be the standards of fair competition for 
such Industry and shall be binding upon every member thereof. 

Article II — Definitioxs 

Section 1. The term " Metal Hospital Furniture Manufacturing 
Industry " or " Industry " as used herein includes the manufacture 
for sale and sale by the manufacturer of metal hospital furniture 
commonly used in hospitals or similar institutions and/or by 
physicians or surgeons. 

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 emploj^er or on his or its own behalf. 

Section 3. The term '' employee " as used herein includes any and 
all persons engaged in the Industry, however compensated, except a 
member of the Industry. 

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

Section 5. The term " association " as used herein shall mean the 
Association of Manufacturers of Metal Hospital Furniture, or its 
successor. 

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

Section T. The term " Confidential Agent " or "Agent " of the 
Code Authority, as used herein, is defined to mean the person as 
designated by the Code Authority. Said Agent, in order to qualify 
as such, shall be entirely free from any interest in or connection 
with any company engaged in the manufacture or sale of the products 
of the Industry. 

Section 8. The term " Code Authority " as used herein means the 
agency which is to administer this Code as hereinafter provided. 

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, except as herein otherwise expressly provided. 

(47) 



48 

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

Section 2. The maximum hours fixed in Section 1 shall not apply 
to employees engaged in an executive, managerial or supervisory 
capacity, Avho receive $35.00 per week or more, and outside salesmen. 

Section 3. The maximum hours fixed in Section 1 shall not apply 
to employees or emergency maintenance or emergency repair work 
involving breakdowns or protection of life or property, but in any 
such special case at least one and one-half (l^/o) times their regular 
rate shall be paid for hours worked in excess of eight (8) hours in 
any twenty-four (24) hour period or forty (40) hours in any one 
week. 

Section 4. The maximum hours fixed in Section 1 shall not apply 
to employees for six (6) weeks in any twenty-six (26) weeks period 
during which time overtime shall not exceed eight (8) hours in any 
one week nor shall any employee be permitted to work in excess of 
nine (9) hours in any twenty-four (24) hour period except that in 
an}' case of emergency any employee may work longer than the 
maximum hours of labor prescribed in this Article ; provided that at 
least one and one-half (1%) times the regular rate shall be paid for 
hours worked in excess of eight (8) hours in any twenty-four (24) 
hour period or forty (40) hours in any seven day period. 

Section 5. No employer shall permit any employee to work for 
any time which when totaled with that already performed for an- 
other employer, or employers, exceeds the maximum permitted herein. 

Section 6. Watchmen shall be permitted to work not in excess of 
fifty-six (56) hours per week, provided, that they shall be given one 
day of rest in every seven (7) day period. 

Section 7. Employers who personally perform manual work or 
who are engaged in mechanical operations in connection with the 
manufacture of products of the Industry shall not exceed the pre- 
scribed maximum hours. 

Article IV — ^Wages 

Section 1. No employee shall be paid in any pay period less than 
at the rate of 40 cents per hour, except as herein otherwise provided. 

Section 2. No clerical or office employee shall be paid in any pay 
period less than at the rate of $15.00 per week. 

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

Section 4. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. 

Section 5. 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 such employer shall obtain from the State Au- 
thority designated by the United States Department of Labor a 
certificate authorizmg his employment at such wages and for such 
hours as shall be stated in the certificate. Each employer shall file 
monthly with the Code Authority a list of all such persons em- 



49 

ployed by liim, showing: the Nvages paid to, and the maximum hours 
of worlv for, such omploj^ec. 

Section G. Ecjuitable adjustment of compensation of all em- 
ployees receivin<^ more than the mininmm rates of pay shall be made 
by all employers who have not heretofore made such adjustments, 
and all employers shall within thirty days after approval of this 
Code, report in full to the Code Authority concerning such adjust- 
ments whetb.er made prior to or subsequent to such approval, pro- 
vided, however, that in no event shall hourly rates of pay bo 
reduced, irrespective of whether compensation is actually paid on 
an hourly, weekly, or other basis, nor shall any wages be at less 
than the minimum rates herein provided. 

Section 7. This article establishes rates of })ay which shall be 
exempt from any charge, fine and/or deduction by the employer, 
except such charges or deductions required by State or Federal 
Law. 

Section 8. The employer shall make payments of all wages duo 
in lawful currency or by negotiable check therefor, payable on 
demand. These wages shall be exempt from any payments for 
pensions, insurance or sick benefits other than those voluntarily 
paid by the w\age earners, or required by State or Federal Law. 
Wages shall be paid at least by the end of every two week period, 
and salaries shall be paid at least at the end of every month. No 
employer shall withhold w^ages. The employer or his agents shall 
accept no rebates directly or indirectly on such wages, nor give 
anything of value or extend favors to any person for the purpose 
of influencing rates of wages or the working conditions of his 
employees. 

Aritcle V — General Labor Provisions 

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

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

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

Section 2. No persons under sixteen (16) years of age shall be 
employed in llie Industry. No persons 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 for approval before January 1, 1935, a 
list of such operations or occupations. In any State an employer 
shall be deemed to have complied with this provision as to age if he 
shall have on file a valid certificate or permit duly signed by the 

92884° 1244-81 34 2 



50 

Authority in such State empowered to issue employment or age 
certificates or permits, showing that the employee is of the required 
age. 

Section 3. Employers shall not re-classify employees, or duties of 
occupations performed, or engage in any other subterfuge so as to 
defeat the purposes of the Act or this Code. 

Section 4. Within ten (10) days after the effective date of this 
Code, each employer shall post, and keep posted, in conspicuous 
places accessible to employees full copies of this Code and any amend- 
ments or modifications which may later be approved in accordance 
with Executive Orders and/or regulations thereof. Every member 
of the Industry shall comply with all rules and regulations relative 
to the posting of provisions of Codes of Fair Competition which 
may from time to time be prescribed by the Administrator. 

Section 5. Every employer shall make provision for the safety 
and health of his employees at the place and during the hours of 
their employment. Standards for safety and health shall be sub- 
mitted by the Code Authority to the Administrator within three (3) 
months after the effective date of the Code. 

Section 6. No employee shall be dismissed or demoted by reason of 
making a complaint or giving evidence with respect to an alleged 
violation of this Code. 

Section 7. No provision in the 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 protec- 
tion, than are imposed by this Code. 

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

Authority 

Section 1. (a) During the period not to exceed thirty (30) days 
following the effective date of this Code, the Code Committee of the 
Association of Manufacturers of Metal Hospital Furniture shall con- 
stitute a temporary Code Authority until the Code Authority is 
elected. There shall be constituted within the thirty (30) day period 
a Code Authority consisting of six (6) members, to be elected by the 
members of the Industry at a meeting called by the temporary Code 
Authority. Notice of such meeting shall be sent by registered mail 
to ail known members of the Industry, whose names shall have been 
ascertained after diligent search by the Association of Manufacturers 
of Metal Hospital Furniture, such notice to be mailed to all known 
members of the Industry at least fifteen (15) days prior to the date 
on which such meeting is to be held. 

(b) The members of the Code Authority sliall be elected in the 
following manner: 

1. Only those members of the Industry who agree to pay their 
reasonable share of the expenses of the administration of this Code 
shall be entitled to vote in the election of the Code Authority. 

2. Six (6) members of the Industry shall be elected members of the 
Code Authority by a majority vote of all known members of the 
Industry, present in person or by proxy, each member to have one 
vote; said election to be subject to the approval of the Administra- 
tor. At least one member of the Code Authority shall be a non- 



51 

member of the Association of Manufacturers of Metal Hospital Fur- 
niture, provided, however, that such a non- Association member of 
the Industry is available and willing to serve. 

3. The members so elected to the Code Authority shall serve for 
a period of one (1) year from the date of election, and thereafter 
members of the Code Authority sliall be elected by members of the 
Industry, as provided in Paragraph 2 of Subsection (b) of this 
Section, at a meeting called by the Code Authority not less than 
thirty (30) days prior to the expiration date of the current term of 
office of the Code Authority. 

4. A vacancy in the membership of the Code Authority sliall be 
filled by a majority vote of the remaining members of the Code Au- 
thority; provided, however, that the vacancy to be filled shall be 
subject to the provision that at least one member of the Code Au- 
thority shall be a non-member of the Association of Manufacturers 
of Metal Hospital Furniture, if such a member is available and 
willing to serve. 

(c) In addition thereto, the Administrator in his discretion may 
appoint not more than three members of the Code Authority, with- 
out votes, for such terms as he may prescribe. 

Section 2. Each trade or industrial association directly or in- 
directly participating in the selection or activities of the Code Au- 
thority shall (1) impose no inequitable restrictions on membership, 
and (2) submit to the Administrator true copies of its articles of 
association, by-laws, regulations, and any amendments when made 
thereto, together with such other information as to membersliip, 
organization, and activities as the Administrator may deem neces- 
sary to effectuate the purposes of the Act. 

Section 3. In order that the Code Authority shall at all times 
be truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Administrator may prescribe 
such hearings as he may deem proper; and thereafter, if he shall 
find that the Code Authority is not truly representative or does not 
in other respects comply with the provisions of the Act, may require 
an appropriate modification of the Code Authorit3^ 

Section 4. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor 
shall any member of the Code Authority be liable in any manner to 
anyone for any act of any other member, officer, agent, or employee 
of the Code Authority. Nor shall any member of the Code Au- 
thority, exercising reasonable diligence in the conduct of his duties 
hereunder, be liable to anyone for any action or omission to act 
under this Code, except for his own wilful malfeasance or non- 
feasance. 

Section 5. If the Administrator shall at any time determine that 
any action of the Code Authority or any agency thereof may be 
unfair, unjust or contrary to the jpublic 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 ])ending 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 in- 
tention to proceed with such action in its original or modified form. 



52 

Powers and Duties 

Section 6. Subject to such rules and regulations as may be issued 
by the Administrator, the Code Authority shall have the following 
powers and duties, in addition to those authorized by other provi- 
sions of this Code. 

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

(b) To adopt bylaws and rules and regulations for its procedure. 

(c) To obtain from members of the Industry such information and 
reports as are required for the Administration of the Code. In addi- 
tion 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 obliga- 
tions to furnish reports to any Government agency. No individual 
report shall be disclosed to any other member of the Industry or 
any other party except to such other Governmental agencies as may 
be directed by the Administrator. 

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

(e) To 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 stabili- 
zation of employment; and including modifications of this Code 
which shall become effective as part hereof upon approval by the 
Administrator after such notice and hearing as he may specify. 

(f) To appoint a Trade Practice Committee which shall meet 
with the trade practice committees appointed under such other codes 
as may be related to the Industry for the purpose of formulating fair 
trade practices to govern the relationships between employers under 
this Code and under such other codes to the end that such fair trade 
])ractices may be proposed to the Administrator as amendments to 
tliis Code and such other Codes. 

(g) To provide appropriate facilities for arbitration, and subject 
to the approval of the Administrator, to prescribe rules of 
procedure and rules to effect compliance with awards and de- 
terminations. 

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

Section 7. 1. It being found necessary in order to su])port 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: 



53 

(a) To incur such roasonable obli^ijations as are necessary and 
proper for the foregoinj:^ purposes, and to meet such obligations out 
of funds which may be raised as hereinafter provided and whicli 
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 necessarj-, to institute legal proceedings therefor in 
its own name. 

2. Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the Administrator. Only mem- 
bers of the Industry complying with the Code and contributing to 
the expenses of its administration as hereinabove provided (unless 
duh' 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 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. 

Article VII — 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 pricing practices of said member. 
Such lists shall contain the price terms for all such standard products 
of the Industry as are sold or offered for sale by said member and for 
such nonstandard products of said member as shall be designated by 
the Code Authority. Said price terms shall in the first instance be 
filed within ten (10) days after the date of approval of this provision. 
Price terms and revised price terms shall become effective immedi- 
ately 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 revi- 
sions, together with the effective time thereof, shall upon receipt be 



54 

immediately and simultaneously distributed to all members of the 
Industry and to all of their customers who have applied therefor and 
have offered to defray the cost actually incurred by the Code Author- 
ity 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 ten 
(10) days period after the approval of this code. The code authority 
shall maintain a permanent file of all price terms filed as herein 
provided, and shall not destroy any part of such records except upon 
written consent of the Administrator. Upon request the code author- 
ity 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 revi- 
sion, such member shall not file a higher price within forty-eight 
(48) hours. 

Section 3. No member of the Industry shall sell or offer to sell any 
products 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. 

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 industry 
to change his price terms by the use of intimidation, coercion, or any 
other influence inconsistent with the maintenance of the free and 
open market which it is the purpose of this Article to create. 

Article VIII — Costs and Price Cutting 

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

(a) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any member of the Industry or of 
any other Industry or the customers of either may at any time com- 
plain to the Code Authority that any filed price constitutes unfair 
competition as destructive price cutting, imperiling small enterprise, 
or tending toward monopoly or the impairment of code wages and 
working conditions. The Code Authority shall within 5 daj's afford 
an opportunity^ to the member filing the price to answer such com- 
plaint and shall within 14 daj^s make a ruling or adjustment thereon. 
If such ruling is not concurred in by either party to the complaint, 
all papers shall be referred to the Research and Planning Division of 
N. K. A., which shall render a report and recommend/ tion 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 
sliould 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. 



55 

Section 2. (a) If the Administrator, after investigation, shall at 
any time find both (1) that an emergency has arisen within the 
Industry adversely aifecting small enterprises or wages or labor con- 
ditions, or tending toward monopoly or other acute conditions, which 
tend to defeat the pur[)oscs of the Act, and (2) that the determination 
of the stated minimum price for a specified product within the in- 
dustry for a limited period is necessary to mitigate the conditions 
constituting such emergency and to effectuate the purposes of the 
Act, the Code Authority may cause an impartial agency to investi- 
gate costs and to recommend to the Administrator a determination of 
the stated minimum price of the product affected by the emergency, 
and thereupon the Administrator may proceed to determine such 
stated minimum price. 

(b) When the Administrator shall have determined such stated 
minimum price for a specified product for a stated period, which 
price shall be reasonably calculated to mitigate the conditions of 
such emergency and to effectuate the purposes of the National In- 
dustrial Recovery Act, he shall publish such ])rice. Thereafter, dur- 
ing such stated period, no member of the Industry shall sell such 
specified products at a net realized price below said stated minimum 
price, and any such sale shall be deemed destructive price cutting. 
From time to time the Code Authority may recommend review or 
reconsideration or the Administrator may cause any determinations 
hereunder to be reviewed or reconsidered and appropriate action 
taken. 

Section 3. Cost Finding. — The Code Authority shall cause to be 
formulated methods of cost finding and accounting capable of use 
by all members of the Industry, and shall submit such methods to 
the Administrator for review. If approved by the Administrator, 
full information concerning such methods shall be made available 
to all members of the Industry. Thereafter, each member of the 
Industry shall utilize such methods to the extent found practicable. 
iNothing herein contained shall be construed to permit the Code 
Authority, an}' agent thereof, or any member of the Industry to sug- 
gest uniform additions, percentages or differentials or other uniform 
items of cost which are designed to bring about arbitrary uniformity 
of costs or pr'ces. 

Article IX — Trade Practice Rules 

Rule 1. No member of the Industry shall publish advertising 
(whether printed, radio, display, or of any other nature) wdiich is 
misleading or inaccurate in any material particular, nor shall any 
member in any way misrepresent any goods (including but without 
limitation its use, trade mark, grade, quality, quantity, origin, size, 
substance, character, nature, finish, material content or preparation) 
or credit terms, values, policies, services, or the nature or form of 
the business conducted. 

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

Rule 3. No member of the Industry shall brand or mark or pack 
any goods in ^ny manner which is intended to or does deceive or 
mislead purchasers with respect to the brand, grade, quality, quantity. 



56 

origin, size, substance, character, nature, finish, material, content, or 
preparation of such goods. 

EuLE 4. 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 falsely disparaging the grade or quality of his goods. 

Rule 5. No member of the Industry shall publish or circulate un- 
justified or unwarranted threats of legal proceedings which tend to 
or have the effect of harassing competitors or intimidating their 
customers. 

Rule 6. No member of the Industry shall secretly offer or make 
any payment or allowance of a rebate, refund, commission, credit, un- 
earned discount, or excess allowance, whether in the form of money 
or otherwise, nor shall a member of the Industry secretly offer or 
extend to anj^ customer any special service or privilege not extended 
to all customers of the same class for the purpose of influencing 
a sale. 

Rule 7. No member of the Industry shall give, permit to be given 
or offer to give anything of value for the purpose of influencing or 
rewarding 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. This provision 
shall not be construed to prohibit free and general distribution of 
articles comm.only used for advertising except so far as such articles 
are actually used for commercial bribery as hereinabove defined. 

Rule 8. No member of the Industry shall wilfully induce or 
attempt to induce the breach of existing contracts between competi- 
tors and their customers by any false or deceptive means, or int^erfere 
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 require that the purchase 
or lease of any goods be a prerequisite to the purchase or lease of 
any other goods. 

Rule 10. No member of the Industry shall use or substitute or 
sell any article or material other than that specified by the pur- 
chaser of any product without clearly defining such substitutions. 

Rule 11. No member of the Industry shall imitate or manufacture 
any design, style, work, or brand of any member of the Industry 
which shall have been registered with the Association. Such pro- 
cedure of registration shall be prepared b}^ the Code Authority, and 
sliall be subject to approval by the Administrator. 

Rule 12. No member of the Industry shall fail to put the manu- 
facturer's name or trade mark, or other mark of identification, on all 
products manufactured within the Industry. 

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. 



57 

Article XI — Modification 

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

Section 2. Such of the provisions of this Code as are not required 
to be included herein by the Act may, with the approval of the 
Administrator, be modified or eliminated in such numner as may 
be indicated by the needs of the public, by changes in circumstances, 
or by experience. All the provisions of this Code, unless so modified 
or eliminated, shall remain in effect until June 16, 1935. 

Article XII — Monopolies, Etc. 

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

Article XIII — Effective Date 

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

Approved Code No. 527. 
Kegistry No. 1121— Ul. 



Approved Code No. 528 
CODE OF FAIR COMPETITION 

FOR THE 

PECAN SHELLING INDUSTRY 

As Approved on October 23, 1934 



ORDER 



AlTKOMNG CODK OF F.MK COMPETITION FOR THE PeCAN ShELLING 

Industry 
An application liavin*r been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 10, 1983. for approval of a Code of 
Fair Competition for the Pecaii Shelling Industry, and hearings 
having been duly held tliereon 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 au- 
thority 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 jjrovisions and will promote 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; 
provided, that with respect to Article IV, Sections 1, 2, and 3, an 
investigation shall be made by persons to be designated by the Na- 
tional Industrial Recovery Board relative to the status of the In- 
dustry and its scale of wage rates, and a report thereon rendered 
within one hundred and twenty (120) days after the effective date 
of this Code. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Ap})roval recommended : 
Armin W. Riley, 

Division Admin istraf(>7\ 

AVashington, D. C, 

October :i.3, 193. !,. 

M-.WM" -1244-S5 34 (59) 



KEPORT TO THE PRESIDENT 

The Pbesident, 

The ^yMtc. House. 
Sir : This is the report of the National Industrial Recovery Board 
on the Public Hearing of the Code of Fair Competition for the Pecan 
Shelling Industry-, held on November 27_ and 28, 1933, in Washing- 
ton, D.C., in accordance with the provisions of the National Indus- 
trial Recovery Act. and the Executive Order dated June 2G. 1933. 

GENERAL 

The functions of the industry include the processing of peca^ris 
from their natural state by cracking, shelling, cleaning and prepar- 
ing for market the meats or kernels of said pecans and the sale 
thereof by the processors and shellers. It does not include indi- 
vidual farmers selling meats, or kernels of pecans, grown or gathered 
by them. 

This <Jode is applicable to all individuals and firms engaged in the 
industry as described above. Seedling pecans grow in a wide area of 
the mid-south, Gulf and southeastern states comprising Alabama, 
Arkansas, Florida, Georgia. Illinois, Louisiana. Mississippi, Mis- 
souri. North Carolina, Oklahoma, South Carolina, and Texas. In 
the years 1928 to 1933, inclusive, from 65 to 84 per cent of the seed- 
ling pecans were grown in Oldahoma and Texas. The remainder 
was i)roduced in states bordering the lower Mississippi and soutli- 
eastern states. Total United States production ranged from 49,620,- 
000 pounds to r)G,793,000 pounds in the years, 1928 to 1932. The five 
yeur average for the period was 46.400.000 pounds. Production in 
1933 was 45,718,000 pounds. 

The annual value of the cro^) decreased from $5,907,000 in 1928 to 
$1,998,000 in 1932. The five year average for 1928 to 1932 was 
$4^001.600; the 1933 crop Avas valued at $2,729,000. 

The proponent of this Code is the National Pecan Shellers Asso- 
ciation, representing in excess of fifty per cent of the vohune of 
processed pecans in the entire industry. 

Statistical information is inccmiplete; however, the industry esti- 
mated W\(^. number (;f employees employed annually at from 10,000 
to 15,000, dependent: on the size of the crop. 

Tlie estimated increase in employment fn the South due to maxi- 
mum hours i)ermitte(] in ^xi^ Code is 30% ; that in the North will 
be considera))lv less. The estimated increase in the weeklv payroll 
in the South will l)c a[)i)roximately $23,619.00 or 45.9%." In the 
North the increase will not be so great, since prevailing wages in 
the industiT have bceu considei'Mljly higher than in the South. 

Ai>\ii\isritATrox 

TJk^ Code Autlioiily will consist of fi\t' iiieiubers; they are to be 
selected in a in.'iiiner which is deemed to assure its representative 

(CO) 



61 

nature. Provision is made for the necessary expenses of the Code 
Authority in its administration of the Code. 

PROVISIONS AS TO HOURS 

All employees are on a forty hour week with the following excep- 
tions: Exemption from hours is granted to executive, supervisory, 
technical, and administrative employees, receivin*^ regularly $35.00 
}jer week or more; outside salesmoti and outside buyers; to employees 
engaged in euiergency rejiair Avork i)rovided at least time and one- 
third is j)aid for all hours woi'ked in excess of the daily and weekly 
maxima ; firemen and engineers are restricted to forty-four hours, 
watchmen to fifty-six, and there is a six weeks' peak period in which 
general employees may be })ermitted to work forty-eight hours per 
week with an eight hour daily limitation, while receiving and ship- 
j)ing crews may work forty-eight hours per w^eek with a ten-hour 
daily limitation. 

I'ROVISIONS AS TO WAGES 

'File minimum wages in the Code are as follows: 

Clcriciil workers Plant workers AVatchnien 

Nortli .$16.(10 per week ^.l()'^/<i per hour, or .$16.00 per week 

$G.60 per week 
Soiitli .sIG.OO pel- week ,$.1.5 per lioiu-. or $16.00 per week 

$0.00 per week 

Minimum rates of pay are guaranteed under this Code, irrespective 
of whether compensated on a time rate or piece work basis. Mini- 
unnn rates may be revised by The National Industrial Recovery 
Board within six months after the effective date of the Code. Pro- 
vision is made for the maintemince of fair differentials and w^age 
adjustments; the employment of physically handicapped persons on 
light Avork; the jjosting of labor provisions and the maintenance of 
health and safety standards. Child labor is prohibited; no person 
under IS years of age nu\y be emjdoyed in a dangerous occupation. 

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

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 How of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of indus- 
try for the purpose of cooperative action among the trade groups, 
by inducing and maintaining united action of labor and management 
under adequate governmental sanctions and supervision, by eliminat- 
ing upfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of industries, by avoid- 
ing undue restriction of ])roduction (except as nuiy be temporarily 
re<(uired), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing and 
relieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating inclustiw. 



62 

(b) Said industry noriually 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 })rovisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant group 
is an industrial group truly representative of the aforesaid industry; 
and that said group imposes no inequitable i-estrictions on admis- 
sion to niembershi]) therein. 

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

(e). Tlie Code is not designetl to and will not eliminate or o]>press 
.-■mall 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 we have approved this Code. 
For the National Industrial Recovery Board: 

G. A. Lynch, 
Adtn'tnistrcdive Ojficcr. 
October 23. VOU. 



CODE OF FAIR COMPETITION FOR THE PECAN 
SHELLING INDUSTRY 

AlM'U'Li: 1 Pl'KPOSKS 

To effect the policies of Title I of the National Industrial Recovery 
Act, this Code is establishetl as a Code of Fair Competition for the 
Pecan Shellinj^- Industry, and its provisions shall be the standards 
of fair competition for such industry and shall be bindino; upon every 
member thereof. 

Airnc'LK II — DEFiNrrioNs 

Section 1. The term "Pecan Shelling Industry'* as used herein 
includes the processing of seedling pecans (exclusive of paper shell 
pecans) fro mtlieir natural state by cracking, and/or shelling, and/ 
or cleaning, and/'or preparing for market the meats or kernels of 
said pecans and the sale thereof by the processors and/or shellers. 
It shall not include individual farmers selling meats, or kernels of 
pecans, grown and/or gathered by them. 

Sectiox 2. The term "member of the industry " or ""member '' as 
used herein includes, but without limitation, any individual, part- 
jiership, association, corporation, or other form of enterprise engaged 
in the industry, either as an employer or on his oi' its own behalf. 

Section 3. The term '' employee '' as used herein includes any and 
all persons engaged in the Pecan Shelling Industry in any capacity 
receiving compensation for his services, irrespective of the nature 
or method of payment of such compensation, except a member of 
this industry. 

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

Section 5. The terms " President ", "Act ", and "Administrator " 
as used herein mean respectively the President of the L^nited States, 
Title I of the National Industrial Recovery Act, and the Adminis- 
trator for Industrial Recovery. 

Section G. The term " state *' as used herein includes territories 
and the District of Columbia. 

Section 7. The term " affiliate •' as used herein includes any per- 
son wdio has, either directly or indirectly, actual or legal control 
of or over a member of the industry, whether by stock ownership 
or in any other manner. 

Section 8, The term " subsidiary " as nsed herein includes any 
person of or over whom, a member of the industry has, either 
directly or indirectly, actual or legal control, Avhether by stock 
ownership or in any other manner. 

Section 9, The term " watchman " as used herein includes any 
employee Avhose primary function is watching and guarding the 
])remises aiid ])roperty of tlie establislunent. 



64 

Section 10. The lenu " outside salesniuii •' as used herein means 
any salesman who performs primarilj' sellino; functions away from 
the establishment of his emplo^^ers, and who does not regularly 
deliver. 

Section 11. The term '' sh(»p crews "' as used herein means ex- 
perienced employees who tend machines, prepare goods for piece 
workers, and attend to drying. 

Section 12. The term •■' Southern Area '" as used herein means the 
states of Virginia. Kentuckj^, South Carolina, North Carolina, 
Mississippi. Louisiana, Texas. Georgia, Florida, Alabama, Tennes- 
see. Arkansas, and Oklahoma. 

Article III — Houiis 

Seciion 1. No employee shall be permitted to work in excess of 
forty (40) hours in any one week, or six (6) days in any seven 

(7) day period, or eight (8) hours in any twenty-four (24) hour 
period, witii the following exceptions: 

(a) For a period not to exceed six (6) weeks (such weeks not 
necessarily consecutive) during th(> months of September, October, 
November, Dci^mber and January, employees may be permitted to 
work not iu excess of forty-eight (48) hours in any seven (7) day 
period nor in excess of eight (8) hours in any twent3'-four (24) 
hour period, except that shop crews, receiving and shipping crews 
may be permitted to work not in excess of ten (10) hours in any 
twenty-four (24) lioiir period, provided that all hours in excess 
of eight (8) sliall be ])aid for at the rate of not less than time and 
oue-third; 

(b) Executive, superxisorv. technical and administrative employ- 
ees, pi-ovided tliey receive regularly thirty-five dollars ($35.00) or 
more jicr week; also outside salesuien and outside buyers; 

(c) Watchmen (except while engaged in performing any operat- 
ing function), provided that no such Avatchman shall be permitted 
to Avork more than fiftj-six (56) hours per AA'cek; 

(d) Fireuien and engineers, provided they shall not be permitted 
to work uiore than forty-four (44) hours per week; 

(e) P]mployees on emergency maintenauce or emergency repair 
Avoi'k, i)rf)vided that any such employee Avorking in excess of eight 

(8) hours iu any tAventy-four (24) hour period or forty (40) hours 
in auA' (me Aveek (forty-eight (48) hours during the six AA'eeks' period 
in September. Octobei-, November, December and January) shall be 
compensated at the rate of not less than time and one-third, and 
reports sliall be made monthly to the (-ode Authority stating the 
numb(M- of bonis so AA-orked in excess of the maximum lifiurs herein 
provided. 

.\ktt< EK I\' -A\'aoes 

Section 1. No clerical, accounting or other (dlice employee shall 
bo paid at a niU' of less than sixteen dollars ($16.00) ])er Aveek. 

Section 2. No Avatchman shall be paid at a rate of le.^s than six- 
teen dollars ($10.00) per Aveek. 

Section 3. No other em])loyec shall be })aid less tlian at the rato 
of sixteen and one-half cents (10i/2^) pfi' hour, except that in the 
southern area they sliiiU be paid at a rate of not less than fifteen 
cents (15(';) per hour. 



65 

Section 4. The miiiiimiiu rates of pay est^blislu'il iu this Article 
may bo revised by the Aiiininistrator within six iiKtnths after the 
effective date of; this Code upon sudi notico and opportunity to be 
heard as he may specify. 

Sfx'tion T). This ArticU' establishes miniiiuiin rates of pay which 
shall apply irrespective of whether an employee is actuaU}- com- 
pensated on a time rate, piece rate or other basis. 

Section G. No employer shall make any reduction in tlie full 
time weekly eariiing^s of any employee as a result of the adoption of 
this Code. Each emploj'er shall adjust the hourly wage rates ni)ward 
in order that all employees shall be paid for the forty (40) hour 
week no less than they were receiving in the same occujiaticm for the 
longer Aveek prevailing prior to July 15, 1933. When necessary to 
maintain fair differentials between employees, each employer shall 
further adjust the hourly wage rates upward. Within sixty (GO) 
days from the effective date of tliis Code, each enij)loyer shall rei>ort 
to the Code Authority such adjustments in wages and th(> Code Au- 
thority shall report the same forthwith to the Administrator. 

Section 7. Wages shall be exempt from any charges, fines, or 
deductions, except for employees' voluntary contributions for pen- 
sions, insurance or benefit plans, and no employer shall Avithhold 
wages except upon service of legal process or other lawful papers 
lawfully requiring such withholding. Deductions for other purpc»ses 
not heretofore stated may be made oiilj- when the contract is in 
writing and is kept on file by the employer for six months after the 
termination of the contract open to the inspection of government 
representatives. 

Section 8. Employers shall make payment of compensation in 
lawful currency or by negotiable checks therefor payable on demand. 
All contracts of employment shall prescribe full payment of wages 
at least every two weeks. 

Article V — General Labor Provisions 

Section 1. No person under sixteen (IG) years of age shall be 
employed in the industry in any capacit}'. No person umler eighteen 
(18) years of age shall be employed at operations or occupations 
which are hazardous in nature or detrimental to health. Within 
sixty (60) days after the effective date of this Code, the Code Au- 
thorit}^ shall submit a list of such occupations to the Administrator 
for ajiproval. In an}- State an employer shall be deemed to have 
complied witli this provision a,s to age, if lie 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 sliow- 
ing that the emploj'ee is of the reriuired age. 

Section 2. (a) Employees shall have the right to organize and 
bargain collectively through representatives of their own choosing, 
and shall be free from the interference, restraint, or coercion of em- 
ploj'ers of labor, or their agents, in designation of such representa- 
tives or in self-organization or in other concerted activities for the 
purpose of collective bargaining or other mutual aid or jjrotection. 

(b) No employee and no one seeking employment shall be reijuired 
as a condition of employment to join anj- company union or to 



66 

refrain from joining, organizing, or assisting a labor organization 
of his own choosing, and 

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

Section 3. No provision in this Code shall supersede any State or 
Federal laAv which imposes on employers more stringent require- 
ments as to age of emploj^ees, 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. Employers shall not change the method of payment of 
compensation, or reclassify employees or duties of occupations per- 
formed by employees or discharge employees to reemploy them at 
lower rates in order to defeat the purposes of the Act or the pro- 
visions of this Code, nor engage in any other subterfuge to effect the 
defeat of such purposes or provisions. 

Section 5. All employers shall post and keep posted copies of the 
labor provisions of this Code in conspicuous places accessible to all 
employees. Every member of the industry shall comply with all 
rules and regulations relative to the posting of provisions of Codes of 
Fair Competition which may from time to time be prescribed by the 
Administrator. 

Section 6. No employer shall evade the provisions or operation of 
this Code as to wages or hours of work, or other conditions by means 
of the use of affiliates or subsidiaries. 

Section 7. Every employer shall provide for the safety and health 
of his employees during the hours, and at the places of their em- 
ployment. Standards for safety and health shall be submitted by 
the Code Authority to the Administrator within six months after 
the effective date of this Code. 

Section 8. A person whose earning capacity is limited because of 
age, physical or mental handicap, or other infirmity, may be em- 
ployed on light work at a wage not lower than eighty per cent 
(80%) of the minimum established by this Code if the employer 
obtains from the State authority designated by the United States 
Department of Labor a certificate authorizing such person's emploj'- 
ment at such wages and for such hours as shall be stated in the cer- 
tificate. Such authority shall be guided by the instructions of the 
United States Department of Labor in issuing certificates to such 
persons. Each employer shall file monthly with the Code Authority 
a list of all such persons employed by him, showing the wages paid 
to, and the maximum hours of work for such employee. The number 
of such employees shall not exceed five per cent (5%) of tlie total 
number of persons employed by any employer. 

Aritcle VI — Organization, Powers and Duties of the 
Code Authority 

organization and constitution 

Section 1. A Code Authority is hereby established consisting of 
five persons, to be selected by members of the industry in the follow- 
ing manner: 



67 

Witliin fifteen days after the effective date of this Code two iiiein- 
bers shall be selected by the National Pecan SlicUcrs Association; two 
members shall be selected by the Soutlns'estern Pecan Shellers Asso- 
ciation; the remainiiifj member shall be selected by the four members 
thus chosen from those members of the industry who are non-mem- 
bers of either association. In the event of the failure of the Asso- 
ciation Members to choose such non-Association member within thii'ty 
(30) days after the effective date of the. Code, then, and in tliat event, 
the Administrator shall ai)i)oint such non-Association member. 

Section 2, The metliod of selection of the members of the Code 
Authority shall be su))ject to the approval of the Administrator and 
the terms of (tfHce of the membei's thereof shall be for one (1) year 
betjinnin^ on July 1 of each year, except that the terms of the first 
Code Authority shall be<?in on the effective date of this Code and 
expire on June 30, 1935. Vacancies caused by death, resignation, or 
otherwise shall be filled by the remainin£!^ members of the Code 
Authctrity in the same representative manner as that used in the 
selection of the original members. 

SEcnox 3. In addition to members, as aboxc provided, there may 
be from one (1) to three (3) members, without vote, and without 
expense to the industry, to be appointed by the Administrator to 
serve for such terms as he may specify. 

Section 4. Each trade or industrial association direct!}' or indi- 
rectly participating. in the selection or activities of the Cotle Author- 
ity shall (1) impose no inequitable restrictions on membership, and 
(2) submit to the Administration true copies of its articles of associa- 
tion. l\v-laws, regulations, and any amendments when made thereto, 
together with such other information as to membership, organization, 
and activities as the Administrator nun' deem necessary to effec- 
tu.ate the purposes of the Act. 

Section 5. In order that the Code Authority shall at all times be 
truh^ 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 lie shall find that 
the Code Authority is not truly representative or does not in other 
resj^cts comply with the provisions of the Act, may require an ap- 
propriate modification in tlie method of selection of the Code 
Authority. 

Section 6. Nothing contained in this Code shall constitute the 
members of the CckIc Authority partners for any purpose. Nor shall 
any member of the Code Authority be liable in any manner to any- 
one for any act of any other member, ofticer. agent or employee of 
the CV)de Authority. Nor shall any member of the Code Autliorit}', 
exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act undei- this 
Code, except foi^ his own willful malfeasance or nonfeasance. 

Section 7. If the Administrator shall determine that any action 
of the Code Authority or any agency thereof may be unfair (»r unjust 
or contrary to the public interest, tJH' Administrator may requii'c that 
such action be suspended to afford an opportunity for investigation 
of the merits of such action and fnrtlier considerati<ni by such Code 
Authority or agency pending final action which shall not be effective 
unless the Administratf»r a^jproves or uidess he ha>, failed to dis^ 



68 

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

POWERS AND DUTIES 

Section 8. Subject to such rules and regulations as may be issued 
by the Administrator, the Code Authority shall have the following 
powers and duties in addition to those authorized by other 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 addi- 
tion to information required to be submitted to the Code Authority, 
members of the industry shall furnish such statistical information as 
the Administrator may deem necessary for the purposes recited in 
Section 3 (a) of the Act to such 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 member of the industry or any other party except to 
such other Governmental agencies as may be directed by the Admin- 
istrator. 

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

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

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

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

(bb) 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 : 

(cc) After such budget and basis of contribution have been ap- 
})roved 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. 



G9 

2. Each member of the industry shall pay his (»r its equitable 
contribution to the I'xpenses of the maintenance of the CVxle Au- 
thority, determined as hereinabove provided, and subject to rules 
and regulations joertaining thereto issued by the Administrator. 
Only members of the industry- complying ^Wth the code and con- 
tributing to the expenses of its administration as hereinabove ])ro- 
vided (unless duly exempted from making such contributions) shall 
bo entitled to participate in the selection of members of the Code 
Anthority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National liecovery 
Ad mini stration. 

">. The Code Authority shall neitlier incur nor pay any obligation 
substantially in excess of the amount tliereof as estimated in its ap- 
proved budget, and shall in no event exceed the total amount con- 
tained in the approved budget except npon approval of the Admin- 
istrator, and no subsequent budget shall contain any deficiency item 
for expenditures in excess of prior budget estimates except tliose 
■which the Administrator shall ha^ve so approved. 

4. Any funds which the Code Anthority shall have on luuid. or 
be entitled to receive under this Code, upon the termination of this. 
Code over and above any amount necessary to meet outstanding ol)li-- 
gations shall at such time be returned to members of the intlustry 
pro rata in jDroportion to their contributions made pursuant to this 
Code. 

(g) To recommend to the Administrator any action or measure 
deemed advisable, including further fair trade practice provisious to 
govern members of the industry in their relations witli each other 
or with other industries; and to recommend measures for iiidusti'ial 
planning and starbilization of employment. 

At.ticue VII — Trade Practice Eules 

The following practices constitute unfair niethods of comi)etition 
and are prohibited. Any member of the industry who shall directly, 
or indirectly through any officer, employee, agent or representative 
use, employ, or permit to be employed, any of the following unfair 
practices shall be guilty of a violation of the Code: 

Sectiox 1. No member of the industry shall publish advertisijig 
(whether printed, radio, display or of any other nature) which is 
misleading or inaccurate in any material particular, nor shall any 
member in any way misrepresent any goods (including but without 
limitation its use. trade mark, grade, quality, quantity, origin, size, 
substance., character, nature, finish, material, content or prepara- 
tion) or credit terms, values, policies, services, or tlie nature or form 
of the business conducted. 

Section 2. No memljer of the industry shall brand or nuirk or pack 
any goods in any manner whicli is intended to or does deceive or mis- 
lead purchasers with respect to the brand, grade, quality, quantity, 
origin, size, substance. chara<-ter. natui-e. finish, material, conteirt or 
preparation of such goods. 

Section ?>. No member of the industry shall defame a coui]K'titor 
by falsely impnting to him dishonorable conduct, inability to jjei- 
form contracts, questionable credit standing, or by other false rep- 



70 

resentation, or by falsely disparaging the grade or quality of his 
goods. 

Section 4. No member of the industry shall publish or circulate 
unjustified or unwarranted threats of legal proceedings which tend 
to or have the effect of harassing competitors or intimidating their 
customers. 

Section 5. No member of the industry shall secretly offer or 
make any payment or allowance of a rebate, refund, commission, 
credit, unearned discount or excess allowance, whether in the form 
of 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. 

Section 6. No member of the industry shall ship goods on con-' 
signment, excej)t under circumstances to be defined }jy the Code 
Authority with the approval of the Administrator and then only 
when unusual circumstances of the industry require the practice. 

Section 7. No member of the industry shall wilfully induce or 
attempt to induce the breach of existing contracts Ijetween 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. 

Section 8. No member of the industry shall give, permit to bo 
given, or offer to give, anything of value for the purpose of influ- 
encing 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 i)arty, 
without the knowledge of such employer, principal or party. This 
provision shall not be construed to prohibit free and general dis- 
tribution of articles commonly used for advertising except so far as 
such articles are actually used for commercial bribery as hereinabove 
defined. 

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

Section 10. No member of the industry shall join or participate 
with other members of the industry, who, with such member, con- 
stitute a substantial number of members of the industry, or who 
together control a substantial percent of the business in any specific 
product or products of the industry, in any transaction known in 
law as a black list, including any practice or device (such as a white 
list), which accomplishes the purpose of a black list. 

Article VIII — Modification 

Section 1. This Code and all the provisions thereof arc expressly 
made subject to the right of the President, in accordance with the 
provisions of Section 10 (b) of the Act, from time to time, to cancel 
or modify any order, approval, license, rule or regulation issued 
under the Act, and specifically, but without limitation, to the right 
of the President to cancel or modify his approval of the Code or 
any conditions imposed by him upon his approval thoivof. 



71 

8e(.tu»n 2. This Code, except as to provisions leiinired l)y tiie Act, 
may be inodilled on the basis of experience or chan<jes in eircuni- 
staiices, such niodilications to be based upon aj)[)licati()ns to tlie Ad- 
ministrator and such notice and liearin<i,- as he shall sj^ecify. aiid 
to bec(»nie effective on approval of the President. 

AuTHij; TX — Moxoi'oi.iKs 

Sectiox 1. No })rovision of this Code shall be so applied as to 
permit monopolies or monopolistic practices, or to eliminate, o])pi-esSj 
or discriminate aa'^iinst small enterprises. 

AitTnr.i: X — -PiticE Ixcreasks 

Section 1. Whereas the policy of the Act to increase real purchas- 
ino- power will be made more (lifficult 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 
co.st should be delayed, but when made such increases should, so far 
as jDOSsible. be limited to actual additional increases in the seller's 
costs. 

AKTicr.E XI — Effective Date 

Section 1. This Code shall become effective on the lirst Mouchiy 
after tlie date of its aj^proval. 



Appntved Code No. 528. 
Kosistry No. 135-04. 



o 



Approved Code No. 529 
CODE OF FAIR COMPETITION 

FOR THE 

PHARMACEUTICAL AND BIOLOGICAL INDUSTRY 

As Approved on October 25, 1934 



ORDEU 



AprRoviXG Code of Fair Co3ii'etitiox for the Pharmaceutical and 
Biological Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Eecovery Act, approved June 16, 1933, for approval of a (^ode of 
Fair Competition for the Pharmaceutical and Biological Industry, 
and hearing- having been duly held thereon and the annexed report 
on said Code, containing findings with respect thereto, having been 
made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 Code complies 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 Code of Fair Competition 
be and it is hereby approved ; provided, however, that the Code Au- 
thority shall obtain from members of the Industry and submit to the 
National Industrial Recovery Board within four months after the 
approval of this Code, statistics indicating (a) the total number of 
employees for each of the past twelve months, (b) the total monthly 
or weekly payroll for each of the past twelve months, (c) the total 
man-hours for each of the past twelve months, (d) the number of 
employees in each wage group as shown by a frequency distribution 
for each of the past twelve months; and that upon the basis of such 
data or other information properly before the National Industrial 
Recovery Board, said Board may at any time after the effective date 
of this Code conduct such hearing as said Board deems necessary to 
effectuate changes in Articles III and IV of said Code, and that any 
order the said Board may make as a result of such hearing shall have 
the effect of a condition on the approval of this Code. 

National Industrial Recovery Board, 
By G. A. Lynch, Adniinlstrative fleer. 

Approval recommended : 
Joseph F. Battle y, 

Acting Division Administrator. 

Washington, D. C, 

October 25, 1931^. 

9o342° 1244-93 34" (73) 



REPORT TO THE PRESIDENT 

The President, 

The White House, 

Sir: This is a report on the Hearing of the Code of Fair Com- 
petition for the Pharmaceutical and Biological Industry, held in the 
Rose Room of the Washington Hotel on^May 1, 1934. The Code, 
which is attached, was presented by dulj^ qualified and authorized 
representatives of the Industry, complying yfith statutory require- 
ments and claiming to represent eighty (80%) percent by volume 
of the Industr3\ 

In accordance with the customary procedure every person who 
had filed a request for appearance was freely heard in public; and 
regulatory requirements were complied with. 

THE INDUSTRY 

The Industry comprises about 144 concerns at the present time 
according to a list compiled by the Code Committee after a diligent 
search. In 1929, by Census figures, there were 429 concerns more 
than three-fourths of which were very small, employing less than 
20 workers per firm. The invested capital of the Industry is esti- 
mated at $150,000,000. The annual sales of 70 reporting concerns 
fell from $110,000,000 in 1928 to $92,000,000 in 1932 and $39,000,000 
in the first half of 1933. In 1929 there were approximately 14,600 
persons employed in the Industry, of which nearly 11,000 were 
wage earners. 

PROVISIONS OF THE CODE 

The Code provides a basic work week of 40 hours which is a reduc- 
tion in working time of ten (10%) percent from the 1929 working 
hours. It is believed that the 40-hour week will maintain employ- 
ment at or slightly higher than the 1929 figure. 

The basic minimum hourly rate of 350 per hour will provide min- 
imum weekly earnings slightly higher than those existing in 1929. 
Payrolls should be brought up to approximately ninety (90%) 
percent of the 1929 level, and purchasing power should be about 
equal to the 1929 level. 

There are no trade practice provisions in the Code, but the Code 
Authority is instructed to make a study to determine if such pro- 
visions are necessary and, if so, to propose them as amendments to 
the Code. 

FINDINGS 

The Deputy Administi-ator in his final report on said Code having 
found as herein set forth and on the basis of all tlie proceedings in 
this matter : 

(74) 



The Board finds that: 

(a) Said Code is well designed to promote the ])olicies and pur- 
l^oses of Title I of the National Industrial Recovery Act, incliuling 
removal of obstructions to the free flow of interstate and foreign 
commerce Avhich tend to diminish the amount thereof and will pro- 
vide for the general welfare by ])romoting the organization of in- 
dustry for the ]nirpose of cooperative action among trade groups, 
by inducing and maintaining united action of labor and nuinagement 
under ade(]uate governmental sanctions and supervisions, by elim- 
inating imfair competitive practices, by promoting the fullest pos- 
sible utilization of the present productive capacity of industries, by 
avoiding undue restriction of production (except as may be tempo- 
rarily required), by increasing the consumption of inclustrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by im2)roving standards of 
labor, and by otherwise rehabilitating industry. 

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

(c) The Code as approved complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsecton (b) of Section 10 thereof; and that the applicant group 
is an industrial group truly representative of the aforesaid Indus- 
try; and that said group imposes no inequitable restrictions on ad- 
mission to membership therein. 

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

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

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

For these reasons, this Code of Fair Competition for the Pharma- 
ceutical and Biological Industry has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 

Administrative Ofjicer. 
October 25, 1934. 



CODE OF FAIR COMPETITION FOR THE PHARMACEU- 
TICAL AND BIOLOGICAL INDUSTRY 

Article I — Purposes 

To effect the policies of Title I of the National Industrial Re- 
covery Act, the following provisions are established as a Code of 
Fair Competition for the Pharmaceutical and Biological Industry, 
and shall be the standard of fair competition for such Industry and 
shall be binding upon every member thereof. 

Article II — Definitions 

Section 1, (a) The term " Pharmaceutical and Biological In- 
dustry " as used herein shall mean the Industry each member of 
which is engaged in the manufacture and/or in having manufactured 
for him under his own brand and specifications, and/or in import- 
ing in packages for resale, and/or in packaging from bulk ma- 
terials under his name or brand, and/or the original sale of pharma- 
ceutical and/or biological products for human and animal use and 
^principally intended for direct use by or upon prescription of 
physicians, veterinarians or dentists. 

(b) This definition does not include any retailer operating under 
a retail code wlio performs any of the acts specified herein solely 
for the purpose of sale at retail to his ov\'n customers, and not for 
the purpose of sale to other distributors; provided, however', that 
where a retailer operates a laboratory or plant distinct from his 
retail operations, and employs a special grou]) of employees to work 
primarily in such laboratory or plant distinct fi'om that group of his 
employees who work primarily in his retail establishment, and such 
laboratory or plant performs any of the acts specified herein, whether 
for sale to such retailer's own customers or to other distributors, 
such retailer is subject to the provisions of this Code in respect to 
such laboratory or plant. 

(c) This Code shall not apply to the manufacture and sale of 
Anti-Hog Cholera serum and Hog-Cholera Virus. 

(d) The term " original sale " as used herein means the sale by a 
member of the Industry, subsidiary business enterprise, corporation, 
firm or partnership owned or controlled by such member, and the 
sale by an exclusive distributor or agent of such member, for resale; 
provided, however, this term does not include sale by wholesalers or 
retailers which distribute principally a general line of the products 
included under this Code. 

Section 2. The term " member of the Industry " as used lierein 
includes, but without limitation, any individual, i)artnership, associa- 
tion, corporation or otlier foi'ui of enterprise engaged in the Industry, 
either as an employer or on his or its own behalf. 

(76) 



77 

Section 3. The term " employee " as used herein inchides any and 
all persons enoa<i;ed in the Industry, however compensated, except a 
member of the Industry. 

Section 4. The term " emploj^er " as used herein includes anyone 
by whom such employee is comjiensated or employed. 

Section 5. The term " establishment " as used herein includes any 
plant, laboratory, business, branch, or department thereof engaged 
in this Industry. 

Section 6. The terms " President ", "Act ", and " National Indus- 
trial Recovery Board " as used herein mean respectively the Presi- 
dent of the United States, Title I of the National Industrial 
Kecover}" Act, and the National Industrial Recovery Board. 

Section 7. Definitions of Personnel. — (a) The term "executive" 
as used herein means an employee responsible for the management 
of a business or a recognized subdivision thereof. 

(b) The term " outside salesman " as used herein means an em- 
ployee selling his employer's products or an employee calling on 
hospitals, physicians, dentists, and veterinarians for the purpose of 
promoting the use and sale of his employer's products, if such 
employees are engaged more than sixty percent of their time outside 
the establishment or branch thereof by Avhich they are employed. 

(c) The term " outside service employee " as used herein means 
an employee who is engaged not less than sixty (60%) per cent of 
his working hours in delivering, installing, and/or servicing 
merchandise outside of the establishment, and shall include stable 
and garage employees. 

(d) The term " watchman " as used herein means an employee 
engaged primarily in safeguarding the premises and property of a 
member of the Industry. 

(e) The term "fireman" and "engineer" as used herein shall 
mean employees engaged primarily in the upkeep, preservation, 
operation and repair of furnaces, boilers, engines, pumps, com- 
pressors, heating and ventilating equipment, electrical generating 
plants, or other machinery used for supplying heat, light, ventila- 
tion or power to a building, plant or office of a member of the 
Industry; but do not include such employees as porters, elevator 
operators, cleaners, or operators of machines used directly in a 
manufacturing process. 

(f) The term "Laboratory apprentice" as used herein means a 
laboratory employee Avho has been employed in this Industry less 
than a total of two (2) months. 

(g) The term " office apprentice " as used herein means an em- 
ployee engaged in office and/or messenger work who has had less 
than a total of six (6) months office work experience. 

(h) The term "branch house and shipping service emploj^ee " as 
used herein shall mean an employee engaged primarily in the re- 
ceipt, filling, invoicing, shipping, and handling of orclers for the 
products of a member of the Industry whether employed in the 
home office of such member or in a branch or depot thereof. 

(i) The term " research and scientific worker " as used herein shall 
mean an employee engaged primarily in research and scientific w'ork 
where special education or scientific training is essential. 



78 

(j) The term " contimious process " as used herein means a process 
which once begun, cannot be interrupted until completed, without 
spoiling the goods processed or rendering the work done valueless; 
and which must be attended throughout by the same individual or 
individuals ; and which cannot be begun at a sufficiently early hour 
to allow of its completion within the eight (8) hour shift in which 
it is begun. 

Article III — Hours 

Section 1. No watchman, fireman, engineer, or outside service 
employee shall be permitted to work in excess of forty-eight (48) 
hours per week averaged over a consecutive two weeks' period nor in 
excess of twelve (12) days in any consecutive fourteen (14) days' 
period, except as provided in Section 5 of this Article. 

Section 2. Except as provided in Section 5 of this Article, no 
branch house and shipping service employee shall be permitted to 
work in excess of forty-five (45) hours per week; or more than six 
(6) days in any consecutive seven (7) days' period; provided, how- 
ever, that in the event that maximum hours other than those pre- 
scribed in this Section are established for this class of employees 'n 
a Code for the Wholesale Drug Trade, such maximum hours shall 
become the maximum hours in this Industry. 

Section 3. Pharmacists, research and scientific workers and chem- 
ists actually working at their professions and executves, who receive 
a salary or guaranteed minimum of thirty-five dollars ($35.00) or 
more per week; and outside salesmen shall be exempt from the pro- 
visions of this Article pertaining to hours of Labor. 

Section 4. (a) No other employee shall be permitted to work in 
excess of forty (40) hours in any one week, nor more than eight (8) 
hours in any twenty-four (24) hour period, nor more than six (6) 
days in any consecutive seven (7) days' period, except as provided 
in Section 5 of this Article. 

(b) No employee working on continuous process shall be per- 
mitted to work in excess of twelve (12) hours in any one day or more 
than forty (40) hours in any one week. 

Section 5. (a) Any employee may be permitted to work in excess 
of the maximum hours fixed in Sections 1, 2 and 4 of this Article 
provided he is paid at the rate of at least time and one-third (IVs) 
for all hours Avorked by him in excess of such maximum hours, and 
provided further than such overtime work shall not exceed eight 
(8) hours in any one week and eight (8) weeks in any one calendar 
year. 

(b) In case of an epidemic, catastrophe, or any emergency 
breakdown involving protection of life or property, such employees 
as are necessary may be permitted to work unlimited overtime pro- 
vided that such employees shall be paid at the rate of at least time 
and one-third (11/3) for fill hours worked by him in excess of the 
applicable maximum fixed in Sections 1, 2, and '4 of this Article. A 
report of each such emergency shall be sent to the Code Authority 
within thirty (30) days after such emergency overtime work shall 
have commenced, giving such details as the Code Authority may 
prescribe. 



79 

Section G. No employer shall knowin<jly permit any employee to 
■v\-ork for any time which when totaled with that already performed 
Avith another employer oi- employers in this oi- any other industry 
or any trade exceeds the maxinnim number of hours provided herein 
for the class of work done b}^ such employee. 

Article IV — Wages 

Section 1. No employee shall be paid in any pay period less than 
at the rate of thirty-five (35^) cents per hour, except as provided 
in Sections 2 and 3 of this Article, 

Section 2, No laboratory a}^})rentice or office apprentice shall bs 
paid in any pay period less than at the rate of twentj^-eight (28) 
cents per hour, provided that the total number of such employees 
who are actually receiving less than thirty-five (35) cents per hour 
shall not exceed one for every twenty (20) employees employed by 
any member of the Industry, but each member of the Industry shall 
be entitled to employ one such laboratory or office apprentice. 

Section 3. A person whose earning capacity is limited because of 
age, physical or mental handicap, or other infirmity, may be em- 
ployed on light work at a wage below the minimum established by 
this Code, if the employer obtains from the State Authority, desig- 
nated by the United States Department of Labor, a certificate au- 
thorizing such person's employment at such wages and for such hours 
as shall be stated in the certificate. Such Authority shall -be guided 
by the instructions of the United States Department of Labor in 
issuing certificates to such persons. Each employer shall file each 
month with the Code Authority a list of all such persons employed 
by him showing the wages paid to, and the maximum hours of work 
for such employee. 

Section 4. This Article establishes minimum rates of pay which 
shall ajDply, irrespective of whether an employee is actually compen- 
sated on a time-rate, piece-rate, or other basis. 

Section 5. No employer shall make any reduction in the full time 
weekly earnings of any employee whose normal full time weekly 
hours are reduced by 20 percent, or less, below those existing for the 
four weeks ending July 1, 1933. When the normal full time weekly 
hours of an employee are reduced by more than said percent, the 
full time weekly wage of such employee shall not be reduced by more 
than one half of the percentage of hour reduction above said per- 
cent. In no event shall hourly rates of pay be reduced, irrespective 
of whether compensation is actually paid on an hourly, weekly or 
other basis, nor shall any wages be at less than the minimum rate 
herein provided. 

Within CO days of the effective date hereof, (unless such adjust- 
ment has been made theretofore) each employer shall adjust the 
schedules of wages of his employees in such an equitable manner as 
will conform to the provisions hereinabove set forth, and still ])re- 
serve wage differentials reasonably proportionate to those in effect 
prior to the effective date of this Code. 

Section G. Female employees performing substantially the same 
work as male employees ghall receive the same rate of pay as male 
employees. 



80 

Section 7. Wages shall be paid at least twice per month in lawful 
currency or by negotiable check payable on demand. 

Article V — General Labor Provisions 

Section 1. No person under eighteen (18) years of age shall be 
employed in the Industry except as office boys, office girls, messen- 
gers, or in other non-hazardous occupations. No person under six- 
teen (16) years of age shall be employed in the Industry in any 
capacity. In any State any employer shall be deemed to have com- 
plied with this provision as to age if he shall have on file a certifi- 
cate or permit, duly signed by the Authority in such State em- 
jDowered to issue employment or age certificates or permits showing 
that the employee i,s of ithe age required by this Section. 

Section 2. (a) Employees shall have the right to organize and 
bargain collectively through representatives of their own choosing, 
and shall be free from the interference, restraint, or coercion of em- 
ployers of labor, or their agents, in the designation of such repre- 
sentatiA^es or in self-organization or in other concerted activities 
for the purpose of collective bargaining or other mutual aid or 
protection. 

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

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

Section 3. Every employer shall provide for the safety and health 
of his employees ait the place and during the hours of their employ- 
ment. Standards for safety and health shall be submitted by the 
Code Authority to the National Industrial Recovery Board within 
six (G) months after the etfective date of this Code, and upon ap- 
proval by the National Industrial Recovery Board shall become 
operative as a part of this Code. 

Section 4. No employer shall reclassify employees or duties of 
occupations performed, or engage in any other subterfuge, so as to 
defeat the purposes or provisions of the Act or of this Code. 

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

Section G. All employers shall post and keep posted complete 
copies of the labor provisions of this Code in conspicuous places 
easily accessible to all employees. Every member of the Industry 
shall comply witli 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 National Industrial Recovery Board. 

Section 7. No employee shall be dismissed for making a complaint 
about, or giving evidence with respect to, an alleged violation of this 
Code. 



81 

Section 8. The hours Avorkod by any employee, except outside 
salesmen, during each day shall be consecutive, provided that an 
interval not lon<^er than one hour may be allowed for each re^^ular 
meal period, and such interval not counted as part of the emi^loyee's 
workino; time. Any rest period which nuiy be <>:iven employees shall 
not be deducted from such employee's working time. 

Article VI — Organization, Poavei{s and Duties or the Code 

Authority 

organization and constitution 

Section 1. A Code Authority is hereby established consisting of 
five (5) persons to be elected in the following manner, and to serve 
for one year or until their successors shall be elected : 

(a) Pending the selection of the permanent Code Authority as 
hereinafter provided, the Code Committee duly selected by the In- 
dustry to submit this Code to the National Kecovery Administration 
shall act as temporary Code Authority. 

(b) Within five (5) days after the effective date of this Code, and 
annually thereafter, the Code Authority in office (whether a tem- 
porary or a permanent Code Authority) shall nominate a list of 
ten (10) individuals representative of this Industry, not more than 
eight of whom shall represent trade associations in this Industry. 
This list, w'ith the trade association affiliations and the company con- 
nections of each individual indicated, shall be submitted to the 
National Industrial Kecovery Board or the Administration Member 
of the Code Authority for approval or amendment. As so approved 
or amended the list shall be placed on a ballot containing on its 
face five blank lines for additional nominations. A copy of this 
ballot together with a copy of this Code shall be mailed to all 
members of the Industry whose existence can be determined by 
diligent search by the Code Authority. 

(c) Each member of the Industry shall be entitled to the number 
of votes indicated on the following Table of Votes. These votes may 
be cast for any five (5) nominees, and selection maj^ be made from 
the names printed on the ballot or by wa-iting in other names on 
the blank lines. The ballot as so marked and signed will be mailed 
back to such address as shall be designated by the Code Authority. 
The Code Authority shall fix a date before which all marked ballots 
must be in the mail, provided tha't such date shall not be less than 
fifteen (15) days after the date when all ballots were mailed out to 
the Industry by the Code Authority. 

(d) The Administration Member of the Code Authority shall 
personally supervise the counting of votes. A list shall be made of 
all nominees in the order of the greatest number of votes received. 
There shall be not more than four (4) representatives of trade asso- 
ciations on the Code Authority and to effect this purpose, the follow- 
ing procedure will be carried out: (a) The individuals on the afore- 
said list shall be canvassed to determine which are unwilling, unable, 
or disqualified to serve, and the names of such individuals deleted, 
(b) The names of all members of each trade association after the 
first four, members of trade associations on the list shall be stricken 



82 

therefrom, (c) The first five (5) individuals in order upon said 
list shall then be declared elected and shall take office immediately 
upon the approval of their election by the National Industrial 
[Recovery Board. 

(e) If a vacancy shall occur on the Code Authority between elec- 
tions, it shall be filled for the unexpired term by the remaining mem- 
bers of the Code Authority subject to approval by the National 
Industrial Recovery Board of the person so chosen. 

(f) Members of the Industry must note upon their ballots the 
number of employees which they have used in figuring the number 
of votes allotted to them by the following Table of Votes : 

TABLE OF VOTES 



The number of emjoloyees of each member of the Industry shall be 
determined by computing the average number of each member's em- 
ployees engaged in this Industry for the calendar year preceding 
the year in which the election is held and subtracting therefrom the 
average number of such member's outside salesmen for such calendar 
year. 

Average numbc?' of employees (less outside salesman) for the calendar year 
preceding the year in ichich the election is held 



Nionhcr of votes 

151 to 300 95 

301 to 650 110 

051 to 1,200 125 

1.201 to 2,500 140 

More than 2,500 155 



Number of votes 

to 5 5 

6 to 10 20 

11 to 20 35 

21 to 40 50 

41 to SO 65 

81 to 150 80 

Section 2. In addition to membership as above provided, there 
may be three (3) or less members, without vote and Avithout expense 
to the Industry, to be known as Administration Members, to be 
appointed by the National Industrial Recovery Board to serve for 
such terms as it may specify. 

Section 3. In order that the Code Authority shall, at all times, 
be truly representative of the Industry and in other respects comply 
W'ith the provisions of the Act, the National Industrial Recovery 
Board may provide such hearings as it may deem proper ; and there- 
after if it shall find that the Code Authority is not tridy representa- 
tive or does not in other respects comply Avith the provisions of the 
Act, may require an appropriate modification in the method of 
selection of the Code Authority. 

Section 4. 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, ancl (2) submit to the National Industrial Recovery Board 
true copies of its articles of association, bylaws, rules or regulations, 
and all amendments when made tliereto, together with such other 
information as to membership, organization, and activities as the 
National Industrial Recovery Board may deem necessary to effectu- 
ate the purposes of the Act. 

Section 5. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor shall 



83 

any nieinber of the Code Authority be liable in any manner to any- 
one for any act of any other member, officer, a«rent, or employee of 
the Code Authority. Nor shall any member of the Code Authority, 
exercisinn^ reasonable dili^vnce in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act under 
the Code, except for his own wilful malfeasance or nonfeasance. 

Section G. If tlie National Industrial Recovery Boai-d shall de- 
termine that any action of the Code Authority or any agency there- 
of may be unfair or unjust or contrary to the public interest, the 
Nati(mal 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 
ngencv pending final action, which shall not be effective unless the 
National Industrial Recovery Board approves or unless it shall fail 
to disapprove after thirty (30) days' notice to it of intention to pro- 
ceed with such action in its original or n^odified form. 

POWERS AND DUTIES 

Section 7. Subject to such rules and regTilations as may be issued 
by the National Industrial Recovery Board, the Code Authority 
shall have the following powers and duties, in addition to those au- 
thorized 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 wnth the provisions 
of the Act. 

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

(c) To obtain from members of the Industry such information 
and reports as are required for the administration of the Code. In 
addition to information required to be submitted to the Code Author- 
ity, members of the Industry subject to this Code shall furnish such 
statistical information as the National Industrial Recovery Board 
may deem necessary for the purposes recited in Section 3 (a) of 
the Act to such Federal and State agencies as it may designat-e ; pro- 
vided that nothing in this Code shall relieve any member of the 
Industry of any existing obligations to furnish reports to any Govern- 
ment agency. No individual report shall be disclosed to any other 
member of the Industry or to any other party except to such other 
Governmental agencies as may be directed by the National Industrial 
Recovery Board. 

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

(e) To make recommendations to the National Industrial Recov- 
ery 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- 



84 

tion liereunder and to effectuate the policy of the Act, the Code 
Authority is authorized : 

(a) To incur such reasonable obligations as are necessary and 
projDer 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 opportunit}' 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 
ujion 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 National Industrial Recovery Board, to deter- 
mine 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 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- 
tribution) 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. 

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

(g) To recommend to the National Industrial Recovery Board 
any action or measures deemed advisable, including fair trade prac- 
tice provisions to govern members of the Industry in their relations 
with each other or with other trades or industries; measures for in- 
dustrial planning, and stabilization of employment; and including 
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 it may specify. 

(h) To make a study with a view of determining whether the 
establishment of Rules of Fair Trade Practice, including additional 
standards, are necessary in the Industry. The findings and recom- 
mendations of the Code Authority, together with such rules, if any, 
as it may find necessary, shall within four months after the election 
of the permanent Code Authority be submitted to the National In- 
dustrial Recovery Board, and after such hearings and investigations 
as it may prescribe, such rules as it may designate and approve, if 
any, shall be made a part of this Code. 



85 
Article VII — IVfoDTFicATioN 

1. This Code juul all the jjrovisions tliorcof are expressly made 
subject to the rig^ht of the President, in accordance with the provi- 
sions of sub-section (b) of Section 10 of the National Industrial 
Recovery Act, from time to time to cancel or modify any order, 
ap]:)roval, license, rule, or re<::ulation issued under Title I of said Act 
and specilicaliy, but without limitation, to the ri<!:ht of the President 
to cancel or modify his a])proval of this Code or any condition 
imposed b}' him upon his ap[)roval thereof. 

2. This Code, exc(>pt as to i)rovisions required by the Act, may be 
amended, modified, or supplemented, such amendment, modification, 
or supplement to be based upon application to the National In- 
dustrial llecovery Board and such notice and hearing as it shall 
specify, and to become effective on approval of the President. 

Article VIII — MoNoroLiES, Etc. 

No provisions 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 IX — 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 exoei)t such as may be required to meet individual cost should 
be delayed. And vrhen made, such increases should, so far as pos- 
sible, be limited to actual additional increases in the seller's costs. 

Article X — Effective Date 

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



Approved Code No. 529. 
Itegistry No. 098-1-30. 



O 



Approved Code No. 530 
CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS ROAD MATERIAL DISTRIBUTING 

INDUSTRY 

As Approved on October 26, 1934 



ORDER 



Code of Fair Competition for the Bituminous Road INlATERiAii 
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 a Code of 
Fair Competition for the Bituminous Road Material Distributing 
Industry, and hearings having been duly held thereon and the an- 
nexed report on said Code, containing findings with respect thereto, 
having been made and directed to the President : 

NOW. THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Exec- 
utive 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 promote 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. 

National Industrial Reco\-ery J3oard, 
By G. A. Lynch, Ad7ninistrative Officer. 

Approval recommended : 
Walter G. Hooke, 

Acting Divislan Administrator. 

Washington, D. C, 

Octohcr 26^ 1931^. 

(87) 

94040° 1244-105 34 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 
Sir: This is a report on the Code of Fair Competition for the 
Bituminous Road Material Distributing Industry, revised after a 
public hearing conducted in Washington on June 28, 1934, in accord- 
ance with the provisions of the National Industrial Recovery Act. 

THE INDUSTRY 

Included in this Industry are the resale and reprocessing for sale 
and/or either one or both and/or the merchandising of liquid bitu- 
minous road materials and/or the preparation of such materials for 
application, including the services of all preparatory and necessary 
work incidental thereto, from railroad tank cars, service plants, 
producers, or refinery plants, or members own plant or otherwise, 
by the use of mechanical distributing apparatus or by supply trucks, 
and including services such as the heating and/or transportation 
with equipment owned and operated by the bituminous road material 
distributor. 

PROVISIONS FOR HOURS AND WAGES 

The Code provides for a maximum week of thirty-two hours with 
the following exceptions : 

(a) Employees engaged in managerial or supervisory capacity 
receiving regularly more than thirty-five ($35.00) dollars per week. 
Employees engaged in a supervisory capacity are defined as those 
persons who perform no manual labor. 

(b) Regular employees who are distributor operators or distribu- 
tor operator assistants receiving a minimum wage of not less than 
thirty-five ($35.00) dollars per week shall be permitted to work in 
excess of thirty-two (32) hours in any one week and shall be paid 
at the rate of one and one-half (II/2) times their prorated hourly 
rate for all time actuall}' worked in excess of forty-eight (48) hours 
in any one week period. Distributor laborers receiving a minimum 
wage of not less than twenty-four ($24.00) dollars per week shall be 
permitted to work in excess of thirty-two (32) hours per week. 
Rates for overtime for distributor laborers shall be calculated on 
the same basis as for distributor operators. For the purpose of cal- 
culating the above maximum hours and overtime, " hours of work " 
and " time actually worked " mean time of actual transportation 
and/or application of liquid bituminous materials and/or any other 
services performed by such employees, excluding inoperative or 
standing time lost for any cause not within the normal control of 
the employer. 

(88) 



89 

(c) Distributor operators paid on a daily basis and paid for all 
time spent consecutively on or in connection with a jol), irre8pecti,e 
of time actually worked, and who shall receive not less than six 
dollars ($G.OO) for a basic eight (8) hour day, which rate is received 
irrespective of hours \\x>rked if hired for any time durin*^ a day, 
and receiving an overtime rate of at least one and one-half (l^^) 
their prorated hourly rate for all hours in excess of eight (8) in 
any one day, may be permitted to work in excess of thirty-two (32) 
hours in any one week. Distributor laborers paid on a daily basis 
shall receive a minimum wage of not less than four dollars and fifty 
cents ($4.50) per day for a basic eight (8) hour day and shall be 
permitted to work in excess of thirty-two (32) hours in any one 
week. The method of payments and rate for overtime hours for 
distributor laborers shall be calculated on the same basis as the 
distributor operators. 

(d) Accou)iting, clerical, or office employees, who shall not be per- 
mitted to work in excess of forty (40) hours per week. 

(e) AVatchmen, who shall not be permitted to work in excess of 
fifty-six (56) hours in any one (1) week nor more than six (6) days 
in any seA'en (7) day period. 

(f) Firemen and plant men when working away from the plant, 
who shall not be permitted to work in excess of forty-eight (48) 
hours in any one (1) week nor more than six (6) days in any seven 
(7) day period. 

(g) Employees engaged in emergency work or in emergency repair 
work involving breakdowns or the protection of life or property; 
provided, however, that such employees shall be paid at the rate of 
one and one-half (l^/^) times their normal hourly rate for all time in 
excess of the maximum set forth hereinabove. 

The exemptions in paragraphs (b) and (c) of Section 1 of Article 
IV are granted on account of the peculiar nature of the work done 
by distributor operators, distributor operator assistants and dis- 
tributor laborers. Hot or cold liquid bituminous material can be 
placed only when the surfaces to which it is to be applied are in the 
proper condition. After a rain time can be lost for surfaces to dry, 
as the material cannot be placed on a wet surface. The distributor 
operator, after he has arrived at the site with the bituminous material, 
often has to wait for other parties to build or properly prepare sur- 
faces. Oftentimes, this delay is not the fault of the other parties; 
they too, have been delayed owing to causes beyond their control. 
Operators paid by the week, are frequently paid for a week or more 
without doing any work whatever. Frequently, the material is dis- 
tributed many miles from the loading point, making it entirely im- 
practicable to switch operators and assistants and operator laborers 
at such remote locations. It is on account of these facts that the 
exempting provisions for maximum hours and overtime have been 
incorporated in the Code. Again, safety, too, enters largely into the 
methods which have to be followed in this industry — as when apply- 
ing liquid bituminous materials to parts of or to the entire surface 
of a highway, often requiring alternate flows of traffic, making driv- 
ing conditions extremely dangerous. The time element is a primary 
consideration and working time has to be so arranged as to provide 
for it. Highway officials often declare an emergency on such occa- 



90 

sions, and regular working hours, of necessity, have to be disregarded. 
Thus, the distribution of liquid bituminous materials to surfaces ig 
largely out of the control of the distributor operator. A great deal 
of idle waiting time is unavoidable and it is essential, in calculating 
maximum hours worked, that some provisions be made for it. 

The Code establishes a minimum rate of forty (40) cents per hour 
in the states of Kentucky, Tennessee, Alabama, Mississippi, Virginia, 
North Carolina, South Carolina, Georgia, Florida, Arkansas ana 
Louisiana; and fifty (50) cents per hour in the other states of the 
Union. Office and clerical employees will be paid minimum rates of 
from fourteen dollars ($14.00) to fifteen dollars ($15.00) per week, 
based on population differentials. 

No person under eighteen (18) j^ears of age shall be employed in 
the. industry; provided, however, that persons sixteen (16) years or 
over may be employed as office boys, mess boys or water boys; pro- 
vided, further, that no person under twenty-one (21) years of age 
shall be employed as a distisbutor operator or as a distributor 
operator assistant. 

The Code provides that no employer shall reclassify employees for 
the purpose of defeating the purposes or provisions of the Act or of 
the Code. It also contains provisions for the adjustment of wages 
above the minimum, the posting of labor provisions, and for pay- 
ment of wages at regular stated intervals. 

ECONOMIC EFFECT OF THE CODE 

Owing to the scarcity and incompleteness of statistics for the Bi- 
tuminous Road Material Distributing Industry, it has not been pos- 
sible to compile a really authentic statistical analysis. The fact that 
bituminous materials have such a wide and varied use greatly in- 
creased this difficulty. The Code Committee stated in the Applica- 
tion for Presentation of a Code of Fair Competition that there were 
five hundred and eighty-four (584) members of the industry in 1933, 
that the industry employed 11,000 persons during that year, and that 
the invested capital was $35,000,000 and the volume of business was 
$27,000,000. Even in view of the approximate accuracy of the statis- 
tical report, with the unusual reduction in working hours as pro- 
vided for by the thirty-two (32) hour week, there can be no doubt 
but that employment in this industry will be greatly spread and 
increased. 

Again, owing to the difficulty in getting accurate statistics, there 
was some difficulty in getting a representative Code Committee. It 
is believed that the committee finally selected is as truly representa- 
tive of the industry as any other similarly sized group from the 
industry would be. 

FINDINGS 

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



91 

This board finds tliat: 

(a) Said Code is well desif^jnod 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 interstate and foreign 
commerce which t<}nd to diminish the amount thereof and will pro- 
vide for tlie general welfare by promoting the organization of indus- 
try for the purpose of cooperative action among trade groups, by 
inducing and maintaining united action of labor and management 
under adequate governmental sanctions and supervision, by elimi- 
nating unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of industries, by 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 unemplojanent, 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 this board 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 association 
is an industrial association truly representative of the aforesaid In- 
dustry; 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 ent^^rprises 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 board has approved said Code of 
Fair Competition for the Bituminous Eoad Material Distributing 
Industry. 

For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 
October 26, 1934. 



CODE OF FAIR COMPETITION FOR THE BITUMINOUS 
ROAD MATERIAL DISTRIBUTING INDUSTRY 

Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code of 
Fair Competition for the Bituminous Road Material Distributing 
Industry, and shall upon approval be the standards of fair competi- 
tion for this Industry and shall be binding upon every member 
thereof. 

Article I — Application 

The provisions of this Code shall apply to the entire industry as 
hereinafter defined, excluding operations therein undertaken in ac- 
cordance with bona fide bids made not more than sixty (60) days 
prior to the effective date, or contracts entered into prior to the 
effective date. If any other code of fair competition or a provision 
thereof, heretofore or hereafter approved by the President, shall 
conflict with this Code or with any provisions thereof, the National 
Industrial Recovery Board may hold such hearings as it may deem 
necessary and thereafter may, if in its judgment justice requires, 
grant such stay, exception, or exemption or make such other deter- 
mination as it may deem advisable to effectuate the policies of the 
Act. 

Article II — Definitions 

Section 1. The term " Bituminous Road Material Distributing 
Industry ", or " the industry " as used herein is defined to mean 
the resale and reprocessing for sale and/or either one or both 
and/or the merchandizing of liqviid bituminous road materials 
and/or the preparation of such materials for application, including 
the services of all preparatory and necessary work incidental there- 
to, from railroad tank cars, service plants, producers, or refinery 
plants, or member's own plant or otherwise, by the use of mechani- 
cal distributing apparatus or by supply trucks, and including serv- 
ices such as the heating and/or transportation with equipment 
owned and operated by the bituminous road material distributor, 
except when the principal purpose and effect of such sale or dis- 
posal is to obtain revenue for transportation ; provided, however, that 
this definition of the Bituminous Road Material Distributing Indus- 
try shall not include the production and refining of bituminous ma- 
terials, and the marketing thereof by such producers and refiners; 
provided, further, that this definition shall not include the applica- 
tion of the above materials at the site of construction. 

(92) 



93 

Section 2. The term " employee " as used herein includes any per- 
son engaged in the industry, however compensated, except a member 
of the industiy. 

Section 3. The term " employer " as used herein includes any- 
one by whom any sucli emploj'eo is so compensated or employed. 

Section 4. The term " Distributor Operator " as used hereiri means 
portable tank car heater operators and trained employees who are 
responsible for mechanical distributing apparatus, and for the dis- 
tribution of liquid bituminous materials from such distributing 
apparatus to designated surfaces in such a manner as to meet spe- 
cific requirements and specifications. 

Section. The term " Distributor Operator Assistant " as used 
herein means employees who assist distributor operators in their 
functions as described in Section 4 of this Article. 

Section 6. The term " Distributor Laborer " as used herein means 
employees who are attached to a distributing truck who at no time 
drive such vehicle and at no time operate such mechanism ; and .at 
most handle the hand hose. 

Section T. The term " Regular Employee " as used herein means 
an employee who is normally employed by a member of the industry 
when there is work available. 

Section 8. The term " member of the industry " includes, but 
without limitation, any individual, partnership, association, cor- 
poration or other agency or form of enterprise which undertakes, 
whether by formal contract or otherwise, to direct, superintend, 
coordinate or execute, any of the operations of the industr3^ 

Section 9. The term " Association " means the National Bitu- 
minous Road Material Distributing Associates. 

Section 10. The term " Executive Committee " means the Exec- 
utive Committee of the Association. 

Section 11. The terms " President " and "Act " shall mean, re- 
spectively, the President of the United States and Title I of the 
National Industrial Recovery Act. 

Section 12. The term " Region " as used herein includes any one 
of several parts of the United States established as hereinafter set 
forth in Article III of this Code or as may be otherwise specifically 
provided. 

Section 13. " Population " for the purposes of this Code shall 
be determined by reference to the latest Federal Census, 

Article III — Administration 

Section 1. Code Avfthority. — Further to effectuate the policies of 
the Act and 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 and to provide for the compliance of 
the Industry with the provisions of the Act, there shall be estab- 
lished a " Code Authority for the Bituminous Road Material Dis- 
tributing Industry " (hereafter referred to as the " Code Author- 
ity ") composed of nine (9) individuals eligible under the provisions 
of Section 9 of this Article, to be elected as follows : 

(a) Association Members. — Six (6) individuals shall be appointed 
from members of the Industry who are members of the Association 

9-1010° 1214-105 34 2 



94 

by the Executive Committee of the Association, to serve for a term 
of one (1) year. 

(b) N on- Association Memhers. — Three (3) individuals sliall be 
appointed hy the National Industrial Kecovery Board from members 
of the Industry who are not members of the Association to repre- 
sent non-Association members, to serve for a term of one (1) year 
and/or until their respective successors have been selected. 

(c) Filling Vacancies. — The successors of all members of the Code 
Authority (including the successors of any member whose mem- 
bership becomes vacant) shall be selected in the same manner as tlieir 
predecessors, except that the successors to the members appointed 
under paragraph (b) hereof may be elected by the members of the 
Industry w^ho are not members of the Association, at an election, 
the manner and method of conducting which are satisfactory to and 
approved by the National Industrial Recovery Board. 

(d) Administration Menibers. — In addition to the membership as 
above provided, there may be three (3) members without vote to 
be known as Administration Members, to be appointed by the Na- 
tional Industrial Recovery Board, to serve for such terms as it may 
specify. 

(e) Voting. — Each member of the Code Authority shall have one 
(1) vote, and the vote of a majority of said members shall prevail in 
determining the actions of the Cod 3 Authority. 

Section 2. Regions. — For the purpose of administration of this 
Code, the United States shall be divided into nine (9) regions as 
indicated in the following tabulation. The Code Authority may 
from time to time revise such region or regions subject to the approval 
of the National Industrial Recovery Board. 

Region No. 1. — Maine, New Hampshire, Vermont, Massachu- 
setts, Connecticut and Rhode Island. 

Region No. 2. — New York and New Jersey. 
Regian No. 3. — Pennsylvania and Ohio and "West Virginia. 
Region No. I^. — Maryland, Delaware, District of Columbia, 
Virginia, North Carolina, South Carolina, Georgia and Florida. 
Region No. 5. — Texas, Arkansas, Louisiana, Mississippi, Ala- 
bama, Tennessee and Kentucky. 

Region No. 6. — Illinois, Wisconsin, Indiana, Minnesota and 
Michigan, 

Region No. 7. — Missouri, Kansas, Iowa, Nebraska and Okla- 
homa. 

Region No. 8. — Washington, Oregon, Idaho, Montana, North 
Dakota and South Dakota. 

Region No. 9. — Colorado, Nevada, California, Wyoming, Utah, 
Arizona and New Mexico. 
Section 3. Regional Code Authorities. — In any one of the nine 
regions, as defined in Section 2 of this Article, a regional code 
authority may be formed by the members of the industry in such 
region, for the purpose of supervising and administering^ this Code 
in such region under such powers and duties as may be delegated to 
it by the Code Authority. 

Section 4. Ileanngs by National Industrial Recovery Board. — 
In order that the Code Authority and the regional code authorities 
shall at all times be truly representative of the industry and in other 



95 

respects comply with the provisions of the Act, the National Indus- 
trial Recovery Board may prescribe such hearings as it may deem 
proper; and thereafter, if it shall find that the Code Authority or 
any regional code authority is not truly representative or docs not in 
otlier respects comply with the provisions of the Act, may require 
an appropriate moditication of the Code Authority or any regional 
code authority. 

Section 5. Amerulments to Constitution and By-Laws. — The As- 
sociation shall impose no inequitable restriction on membership and 
shall adopt no future amendment of the Constitution and By-Laws 
of the Association which will tend to make the organization not 
truly representative of the Industry as herein defined. The Associa- 
tion shall submit to the National Industrial Recovery Board true 
copies of its articles of association, by-laws, regulations, and any 
amendments when made thereto, together with such other informa- 
tion as to membership, organization and activities as the National 
Industrial Recoveiy Board may deem necessary to effectuate the 
provisions of the Act. 

Section 6. Liability of Code Authority Meiribers. — Nothing con- 
tained in this Code shall constitute the members of the Code Au- 
thority, or of any regional code authorities, partners for any purpose. 
Nor shall any member of the Code Authority or of any regional 
code authority be liable in any manner to anyone for any act of 
any other member, officer, agent, or employee of the Code Authority 
or of any regional code authority. Nor shall any member of the 
Code Authority or of any regional code authority, exercising reason- 
able 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 7. Powers aiul Duties. — Subject to such rules and regula- 
tions as ma}^ be issued by the National Industrial Recovery Board, 
the Code Authority shall have the following powers and duties in 
addition to those of insuring the execution of the provisions of this 
Code, and providing for the compliance of the industry with the 
provisions of the Act, subject to such rules and regulations, and in 
addition to those authorized by other provisions of this Code : 

(a) It may establish by-laws or rules and regulations for the con- 
duct of its affairs and may appoint such committees, agencies and 
representatives and delegate to them such of its powers and duties 
as it may deem necessary for the proper discharge of its functions 
hereunder, provided that nothing lierein shall relieve the Code Au- 
thority of its duties or responsibilities under this Code and that 
such committees, agencies and representatives shall be subject to 
and comply with the provisions hereof. 

(b) Recomvumdati&ns. — To make to the National Industrial Re- 
covery Board from time to time any recommendations which it 
deems desirable for modifications of or additions to the Code, which 
recommendations upon the National Industrial Recovery Board's 
approval and after such hearing as it may prescribe, shall become 
a part of this Code and have full force and effect as provisions 
thereof. 

(c) Investigations and Surveys. — Subject to such rules and regu- 
lations as the National Industrial Recovery Board maj'- issue, to 



96 

make investigations and surveys concerning the functioning of and 
compliance with this Code, the observance of its provisions, includ- 
ing the collection of reports on hours of work and rates of compen- 
sation and other pertinent matters, whether at the request of the 
National Industrial Recovery Board or otherwise, and to report its 
findings and recommendations to the National Industrial Hecovery 
Board whenever necessary or required. 

(d) Coordination. — To make recommendations to the National 
Industrial Recovery Board for the coordination of provisions of 
this Code, and of the administration of this Code with such other 
Codes as may be related to this Industry or affect its members. 

(e) Trade Practice CovimAttees. — To appoint a Trade Practice 
Committee which shall meet with the Trade Practice Committees 
appointed under such other Codes as ma,y be related to this indus- 
try for the purpose of formulating fair trade practices to govern the 
relationships between members of this industry and members of such 
other codes to the end that such fair trade practices may be proposed 
to the National Industrial Recovery Board as Amendments to this 
Code or such other Codes. 

(f ) Using the Association. — To use the Association or other agen- 
cies as it deems proper for the performing of any of its activities 
provided for herein, provided that nothing herein shall relieve the 
Code Authority of its duties or responsibilities under this Code, and 
that the Association and such other agencies shall at all times be 
subject to and comply with the provisions hereof. 

Section 8. The Budget. — It being found necessary in order to sup- 
port 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) Incurring Ohligations. — 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) Submittal of Budget and Method, of Assess77ient. — 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 ; 

(e) Procuring Contrihutions. — After such budget and basis of 
contribution have been approved by the National Industrial Re- 
covery Board, to determine and obtain equitable contribution as 
above set forth by all members of this industry, and to that end, if 
necessary, to institute legal proceedings therefor in its own name. 

Section 9. Code Compliance a)vd NRA Insignia. — Each member 
of this industry shall pay his or its equitable contribution to the ex- 
penses of the maintenance of the Code Authority, determined as 
hereinabove provided, and subject to rules and regulations pertain- 
ing thereto issued by the National Industrial Recovery Board. Only 
members of this industry complying with the Code and contributing 
to the expenses of its administration as provided in Section 8 of this 



97 

Article, (unless duly exempted from makinc^ such contributions) 
shall bo entitled to participate in the selection of the members of the 
Code Authority or to receive the benefits of its voluntary activities 
or to use any emblem or insignia of the National Hecovery 
Administration. 

Sk(;t]on 10. 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 Na- 
tional Industrial liecovery 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. 

Section 11. Code Authority and Adiiiinistration Members. — The 
Code Authority or its authorized representative or representatives 
and the Administration Members of the Code Authority, or their 
proxies appointed by the National Industrial Recovery Board, may 
attend meetings of any administrative agency established for any 
region provided in this Article. 

Section 12. Reports. — In addition to information required to be 
submitted to the Code Authority, all or any of the persons subject to 
this Code shall furnish such statistical information as the National 
Industrial Recovery Board may deem necessary for the purposes re- 
cited in Section 3 (a) of the Act to such Federal and State agencies 
as tlie National Industrial Recovery Board may designate; and 
nothing in this Code shall relieve any person of any existing obliga- 
tion to furnish reports to governmental agencies. 

Article IV — Hours, Wages, and General Labor Provisions 

Section 1. Hours- — No emploj^ee shall be permitted to work in 
excess of thirty-two (32) hours in anj^ one week or more than eight 
(8) hours in any twenty-four (24) hour period, nor more than five 
(5) days in any seven (7) day period, with the following exceptions: 

(a) Emploj^ees engaged in managerial or supervisory capacity 
receiving regularly more than thirty-five ($35.00) dollars per week. 
Employees engaged in a supervisory capacity are defined as those 
persons who perform no manual labor. 

(b) Regular employees who are distributor operators or dis- 
tributor operator assistants receiving a minimum wage of not less 
than thirty-five ($35.00) dollars per week shall be permitted to work 
in excess of thirty-two (32) hours in any one w^eek and shall be paid 
at tlie rate of one and one-half (II/2) times their prorated hourly 
rate for all time actually worked in excess of forty-eight (48) hours 
in any one week period. Distributor laborers receiving a minimum 
wage of not less than twenty-four ($2-4.00) dollars per week shall be 
permitted to work in excess of thirty -two (32) hours per week. 
Rates for overtime for distributor laborers shall be calculated on 
the same basis as for distributor operators. For the purpose of 
calculating the above maximum hours and overtime, "hours of 
work " and " time actually worked " mean time of actual transporta- 
tion of liquid bituminous materials and/or any other services per- 



98 

formed by such employees, excluding inoperative or standing time 
lost for any cause not within the normal control of the employer. 

(c) Distributor operators paid on a daily basis and paid for all 
time spent consecutivel}' on or in connection with a job, irrespective 
of time actually worked, and who shall receive not less than six 
dollars ($6.00) for a basic eight (8) hour day, which rate is received 
irrespective of hours worked if hired for any time durin<T a day, 
and receiving an overtime rate of at least one and one-half (1%) 
their prorated hourly rate for all hours in excess of eight (8) in 
any one day, may be permitted to work in excess of thirty-two (32) 
hours in any one week. Distributor laborers paid on a daily basis 
shall receive a minimum wage of not less than four dollars and 
fifty cents ($4.50) per day for a basic eight (8) hour day and shall 
be permitted to work in excess of thirty -two (32) hours in any 
one week. The method of payments and rate for overtime hours 
for distributor laborers shall be calculated on the same basis as for 
distributor operators. 

(a) Accounting, clerical, or office employees, who shall not be 
permitted to work in excess of forty (40) hours per week. 

(e) Watchmen, who shall not be permitted to work in excess of 
fifty-six (56) hours in any one (1) week nor more than six (6) days 
in any seven (7) day period. 

(f ) Firemen and plant men when working away from the home 
plant, who shall not be permitted to work in excess of forty-eight 
(48) hours in any one (1) week nor more than six (6) days in any 
seven (7) day period. 

(g) Employees engaged in emergency work or in emergency re- 
pair work involving breakdowns or the protection of life or prop- 
erty; provided, however, that such employees shall be paid at the 
rate of one and one-half (1%) times their normal hourly rate for 
all time in excess of the maximum set forth hereinabove. 

Section 2. Employment hy Setieral Employers. — No employer 
shall knowingly permit any employee to work any number of hours 
which, when totaled with that already performed for another em- 
ployer or employers in this industry, exceeds the maximum permitted 
herein. 

Section 3. Employers who Perform Mamial Work. — Members of 
this industry who personally perform manual work or who are per- 
sonally engaged in mechanical operations shall not exceed the max- 
imum as to hours and days prescribed herein, for the work performed 
by them, but they shall be granted the exemptions under similar con- 
ditions provided for in paragraphs (b), (c) and (f) of Section 1 
of this Article. 

Section 4. Wages. — (a) No employee, excluding accounting, office 
and clerical employees, shall be paid at less than the rate of forty 
(40^) cents per hour in the states of Kentucky, Tennessee, Alabama, 
Mississippi, Virginia, North Carolina, South Carolina, Georgia, and 
Florida, Arkansas and Louisiana; and fifty (500) cents in the other 
States of the Union and the District of Columbia. 

(b) Minimwn Salaries for Clerical and Office Employees. — No ac- 
counting, office or clerical employee shall be paid less than at the 
rate of fifteen dollars ($15.00) per week in any city of over 500,000 
population or the immediate trade area of such city, nor less than 



99 

fourteen and a half dollars ($14.50) per week in any city of between 
250,000 and 500,000 population, or m the inmiodiate ti-ade area of 
such city, nor less than fourteen dollars ($14.00) per week in any 
other j^lace. 

(c) PaymeTxt of AY ages. — All members of this industry shall make 
payment of all ^Yages due in laAvful currency of the United States 
or by negotiable check therefor, payable on demand at par. If 
wages are paid by check, the employer shall provide reasonably 
accessible facilities for cashing such checks at face value without 
expense to the employee. Employers shall also provide such identi- 
fication as is necessary to utilize such facilities. 

Wage shall be payable at the end of each weekly or bi-weekly 
period, and shall be exempt from any payment or deduction for pen- 
sions, insurance or sick benefits or other items except such as are 
voluntarily paid, required by law or authorized to be deducted by 
employees. Employers or their agents shall not accept, directly or 
indirectly, rebates on such wages nor give anything of value nor 
extend any favors to any person for the purpose of influencing rates 
of wages or working conditions of their employees. 

The provisions of this sub-section regarding payment of wages at 
the end of each weekly or bi-weekly period shall not apply to persons 
employed in executive, administrative or supervisory capacity who 
earn in excess of thirty-five ($35.00) dollars per week, nor to persons 
employed in clerical or office work. The wages for persons employed 
in clerical or office vrork shall be payable at least semi-monthly. 

Section 5. Piecework G onnipensation. — This Article establishes a 
minimum rate of pay regardless of whether an employee is com- 
pensated on a time rate, piecework rate or other basis. 

Section 6. Adjustment of Wage Rates. — All wages shall be ad- 
justed so as to maintain a differential at least as great in amount as 
that existing on June 16, 1933, between wages for such employment 
and the then minima. In no case shall there be any reduction in 
hourly rates; nor in weekly earnings for any reduction in hours of 
less than thirty per cent. 

Section 7. Provisions of the Act. — Employees shall have the right 
to organize and bargain collectively through representatives of their 
own choosing, and shall be free from the interference, restraint, or 
coercion of employers of labor, or their agents, in the designation of 
such representatives or in self-organization or in other concerted 
activities for the purpose of collective bargaining or other mutual 
aid or protection ; no employee and no one seeking employment shall 
be required as a condition of employment to join any company union 
or to refrain from joining, organizing, or assisting a labor organiza- 
tion of his own choosing ; employers shall comply with the maximum 
hours of labor; minimum rates of pay, and other conditions of 
em])loyment, approved or prescribed by the President. 

Section 8. State Laws. — This Code shall not supersede any State, 
Federal or local laws imposing more stringent requirements on em- 
ployers regulating the age of employees, wages, hours of work, or 
health, fire or general working conditions than under this Code. 

Section 9. Reclassificatio7i. — Employers shall not reclassify em- 
ployees or duties of occupations performed b}" emploj-ees or engage 



100 

in any other subterfuge for the intent or purpose of defeating the 
purposes or provisions of the Act or of this Code. 

Section 10. Posting. — All employers shall post and keep posted 
the labor provisions of this Code in conspicuous places accessible 
to all employees. Every member of the industry shall comply with 
all rules and regulations relative to the posting of provisions of 
codes of fair competition which may from time to time be pre- 
scribed by the National Industrial Recovery Board. 

Section 11. Standards for Safety and health. — Each member of 
this industry shall provide for the safety and health of his em- 
ployees at the place and during the hours of their employment. 
Standards for safety and health shall be submitted by the Code 
Authority to the National Industrial Recovery Board within three (3) 
months after the effective date of this Code. After approval, such 
standards shall become the minimum standards of safety and health 
for all members of this industry. 

Section 12. Minknu'ni A^e. — No person under eighteen (18) years 
of age shall be employed in the industry; provided, however, that 
persons sixteen (16) years or over may be employed as office boys, 
mess boys or water boyg; provided, further, that no person under 
twenty-one (21) years of age shall be employed as a distributor 
operator or as a distributor operator assistant. 

Section 13. Handica'p'ped Persons. — ^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 
minimmn established by this Code if the employer or employee 
obtains from the State Authority designated by the United States 
Department of Labor a certificate authorizing his employment at 
such wages and for such hours as shall be stated in the certificate. 
Each employer shall file monthly with the Code Authority, a list of 
all such persons employed by him, showing the wages paid to, and 
the maximum hours of work for, such employees. 

Section 14. Dismissal or Demotion. — 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. 

Section 15. Evasion through Reemploy wxnt. — No employee now 
employed at a wage rate in excess of the minimum shall be dis- 
charged and reemployed at a lower rate for the purpose of evading 
the provisions of this Code. 

Section 16. Contracting Labor Services. — No member of this in- 
dustry shall, directly, or indirectly, sublet solely the labor services 
required by any contract secured by such member. 

Section 17. Continuity of Emyloynunt. — Employers shall admin- 
ister work in their charge so as to procure the maximum practicable 
continuity of employment for their employees. 

Section 18. Traveling Expeyise. — Members of this industry shall 
make payment of all legitimate expenses incident to transportation, 
board and room, incurred by an employee while traveling to and 
from or away from the home site, when place of employment is out- 
side of the recognized working area of the home site. 



101 

Article V — Fair Trade PRAcnuK Regulations 

The provisions of this Article are established as rules of fair trade 
practice, and any violation of said rules shall constitute an unfair 
method of competition and a violation of this Code. 

Rule 1. Seci^et Rebates. — No nieniber of this industry shall secretly 
offer or make any payment or allowance of a rebate, refund, com- 
mission credit, unearned discount or excess allowance, whether in 
the form of money or otherwise, nor shall a meuiber of this 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. 

Rule 2. Defamution. — No member of this industry shall defame 
a competitor by falsely imputing to him dishonorable conduct, in- 
ability to perform contracts, questionable credit standing, or by 
other false representation, or by falsely disparaging the grade or 
quality of his goods or work. 

Rule 3. Misrepresentation. — No member of this industry shall 
publish advertising or make any offer of sale M'hich is misleading or 
inaccurate in any material particular, nor shall any member in any 
way misrepresent any product of this industry (including, but with- 
out limitation, its quality, quantity, size, grade or substance) or 
credit terms, values, policies or services. 

Rule 4. Mishra)iding . — No member of this industry shall brand 
or mark any product of tho industry in any manner which is in- 
tended to or does deceive or mislead purchasers with respect to the 
quality, quantity, size, grade or substance of such products. 

Rule 5. Commercial Bribery. — No member of this industry shall 
give, permit to be given, or offer to give, anything of value for the 
purpose of influencing or rewarding the action of any employee, 
agent, or representative of another in relation to the business of the 
employer of such employee, the principal of such agent or the rep- 
resented party, without the knowledge of such employer, principal 
or party. This provision shall not be construed to prohibit free and 
general distribution of articles commonlj^ usod for advertising except 
so far as such articles are actually used for commercial bribery as 
hereinabove defined. 

Rule 6. Lump-Sum Bidding. — No member of this industry shall 
sell any industry product except on a unit-price basis. 

Rule 7. Contingent Selling. — No member of this industry shall 
enter into any agreement for furnishing any industry product con- 
tingent upon the sale or purchase of any other product or service, or 
other contingency not appearing in tlie contract. 

Rule 8. Jobbers and Distributors. — No member of this industry 
shall dispose of the products of his industry through a middleman, 
whom he controls by stock ownership or otherwise, for the purpose 
of evading the standards of fair competition established in this Code. 

Rule 9. Confidential Information. — No member of this industry 
shall seek or get confidential information concerning the business of 
a competitor by a false or misleading statement or representation, 
by a false impersonation of one in authority, by bribery or by any 
other unfair method. 



102 

Rule 10. WifJtdraival of Bids. — No member of this industry shall 
obtain or attempt to oi)tain any consideration other than the per- 
mission to withdrav/ a bid where a bona fide error can be established 
after the opening of bids. 

Rule 11. Pa>/7)ienis to Sua con tractors. — Funds received by mem- 
bers of this industry for vrork performed as delined in Section 1 of 
Article II of this Code, or to be p3rforjned by him shall be accepted 
and applied, first, to the purpose of paj'ing amounts due from him 
to others in respect of any portion of such ^York, including amounts 
due to employees, material men, subcontractors and others. These 
provisions shall not be construed to require said member to keep in 
separate bank accounts or deposits, funds received under separate 
contract provided he maintains books of account clearly showing the 
allocation to each and every contract of the funds deposited, and he 
shall devote the final payments due him wnthin ten (10) daj^s after 
the receipt thereof to the payment of balances due from him to such 
employees, material men, sub-contractors and others provided satis- 
factory evidence is furnished to the member of the inclusti-y showing 
that all outstanding claims against said parties, for which said mem- 
ber would otherwise be liable, have been fully satisfied or provided 
for. Earlier payments and/or greater amounts may be mutually 
agreed upon. Nothing in this rule shall be construed to supersede 
any Federal, State or local lavv's imposing more stringent require- 
ments with respect to matters referred to herein. 

Rule 12. Waiviiig Legcd Rights. — No mem^ber of this industry 
shall give any waiver of lien rights without informing sub-con- 
tractors with whom he is contracting of sucli a v/aiver. 

Rule 13. Financing Accounts. — No member of this industry shall 
permit a sub-contractor or vendor on a specific contract to finance or 
guarantee a member's accounts, unless such arrangement is expressly 
provided for in the original contract between the parties. 

Rule 14. Interference with Employees. — No member of this indus- 
try shall entice away the employees of competitors with the purpose 
and effect of unduly hampering, injuring or embarrassing competi- 
tors in their business. 

Rule 15. Written Contracts. — Each member of the industry shall 
keep accurate and complete records of its transactions in the industiy 
whenever such records may be required under any of the provisions 
of this Code, and shall furnish accurate reports based upon such 
records concerning any of such activities when required by the Code 
Authority or the National Industrial Recovery Board. If the Code 
Authority or the National Industrial Recovery Board shall deter- 
mine that substantial doubt exists as to the accuracy of any such 
report, so much of the pertinent books, records, and papers of such 
member as may be required for the verification of such report, may 
be examined by an impartial agency agreed upon between the Code 
Authority and such member, or, in the absence of agreement, ap- 
pointed by the National Industrial Recovery Board. In no case 
shall the facts disclosed by such examination be made available in 
identifiable form to any competitor whether on the Code Authority 
or otherwise, or bo given any other publication except such as may 
bo re(]uired for the proper administration or enforcement of the 
provisions of this Code. 



103 

RuuE 16. Investigating Bids. — Upon the complaint of any bidder 
the Code Authority or any regional administrative committee ap- 
pointed by it shall select a committee of review, comjioscd of not 
more than three (8) qualified pers(ms who were not bidders on the 
particular job to be reviewed, one of whom, if i)ossible, shall not be 
a member of the Association, This Connuittee shall be directed to 
make such investip:ation of the bid as will enable it to determine 
whether this Code of Fair Competition has been violated in the bid- 
ding on the job in question. In the event the committee of review 
shall find that any such violation has occurred, their fhidings on the 
violation, together with a summary of the facts upon which they are 
based, shall be reported to the regional administrative committee or 
the Code Authority for such action as it may deem proper, including 
in appropriate cases, with the a})proval of the National Industrial 
Recovery Board, report to the Federal District Attorney or the 
Federal Trade Commission. 

Article VI — Open Price Filing, Costs and Price Cuti^ing and 
Cost Finding and Accounting 

a. open price filing 

Section 1. Each member of the industry, selling within any region 
or subdivision designated by the Code Authority and approved by 
the National Industrial Recovery Board, shall file with a confidential 
and disinterested agent of the Code Authority, or, if no region or 
subdivision shall have been so designated, or, if no agent or agents 
shall have been designated by the Code Authority, then within such 
region or subdivision and/or with such agent or agents as may be 
designated by the National Industrial Recovery Board, identified 
lists of all of his prices, discounts, rebates, allowances, and all other 
terms or conditions of sale, hereinafter in this Article referred to 
as " price terms ", which lists shall completely and accurately con- 
form to and represent the individual pricing practices of said mem- 
ber. Such lists shall contain the price terms for all such standard 
products and services of the industry as are sold or offered for sale 
by said member and for such nonstandard products of said member 
as shall be designated by the Code Authority. Said price terms shall 
in the first instance be filed within thirty (30) days after the date 
of approval of this provision. Price terms and revised price t-erms 
shall become effective within any region or subdivision immediately 
upon receipt thereof by said agent. Immediately upon receipt there- 
of, 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 selling within the region or subdivision and to all of 
their customers who have applied therefor and have offered to defray 
the cost actually incurred by the Code Authority in the preparation 
and distribution thereof and be available for inspection by any of 
their customers at the office of such agent. Said list 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- 



104 

said; provided, that prices filed in the first instance shall not be 
released until the expiration of the aforesaid thirty (30) day period 
after the approval of this Code. The Code Authority shall main- 
tain a permanent file of all price terms filed as herein provided, and 
shall not destroy any part of such records except upon written con- 
sent of the National Industrial Kecovery Board. Upon request, the 
Code Authority shall furnish to the National Industrial Recovery 
Board or any duly designated agent of the National Industrial Re- 
covery Board copies of any such lists or revisions of price terms. 

For the purpose of this Article, the entire United States may be 
defined as a region. 

Section 2. When any member of the industry has filed any revision, 
such member shall not file a higher price within forty-eight (48) 
hours. 

Section 3. When the Code Authority or National Industrial Re- 
covery Board shall, in accordance with the provisions of Section 1, 
of this Article, have designated a Regional Agency in any Region 
as the agency with which price terms for that Region shall be filed, 
each member of the industry selling witliin the Region shall file v/ith 
the designated agency identified lists of all of his prices, discounts, 
rebates, allowances, and all other terms and conditions of sale in 
accordance with the provisions of this Article. Copies of all such 
price lists filed with any regional or subdivisional agency established 
pursuant to the provisions of Section 1 of this Article shall be sup- 
plied by each member of the industry to and kept on file by a central 
confidential and disinterested agent to be designated by the Code 
Authority subject to the approval of the National Industrial Recovery 
Board. The supplying of such copies shall be for the purpose of 
record only and not for the giving of further effect to price terms 
operative within the region or subdivision or for distribution to 
members of the industry. 

Section 4. No member of the industry shall sell or offer to sell 
any products and/or services of the industry within the region or sub- 
division, for which price terms have been filed therein pursuant to 
the provisions of this article, except in accordance with such price 
terms. 

Section 5. No member of the industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 
price terms, nor cause or attempt to cause any member of the 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. 

B. costs and price cutting 

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

(a) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any member of the industry or of 
any other industry or the customers of either may at any time com- 
plain to the Code Authority that any filed price constitutes unfair 
competition as destructive price cutting, imperiling small enterprise 
or tending toward monopoly or the impairment of code wages and 



105 

working conditions. The Code x\uthoiity shall within five (5) days 
afford an opportunity to the member iiliii«i" 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 com])laint, all papers shall be referred to the Research 
and Planning Division of N. 11. A. which shall render a repoit and 
recommendation thereon to the National Industrial liecover}'^ 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 considera- 
tion should be given to costs in the determination of pricing policies. 

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

Section 2. Eviiergency Provulon. — (a) If the National Industrial 
Recovery Board, after investigation shall at any time find both (1) 
that an emergency has arisen within the industry adversely affect- 
ing 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 Code Authority may 
cause an impartial agency to investigate costs and to recommend 
to the National Industrial Recovery Board a determination of the 
stated minimum price of the product affected by the emergency and 
thereupon the National Industrial Recovery Board may proceed to 
determine such stated minimum price. 

(b) When the National Industrial Recovery Board shall have 
determined such stated minimum price for a specified product for a 
stated period, which price shall be reasonably calculated to mitigate 
the conditions of such emergency and to effectuate the purposes of 
the National Industrial Recovery Act, it shall publish such price. 
Thereafter, during such stated period, no member of the industry 
shall sell such specified products at a net realized price below said 
stated minimum price and any such sale shall be deemed destructive 
price cutting. From time to time, the Code Authority may recom- 
mend review or reconsideration, or the National Industrial Recovery 
Board may cause any determinations hereunder to be reviewed or 
reconsidered and appropriate action taken. 

O. COST FINDING AND ACCOUNTING 

Section 1. Cost Finding.— The Code Authority shall cause to be 
formulated methods of cost finding and accounting capable of use 
by all members of the industry, and shall submit such methods to the 
National Industrial Recovery Board for review. If approved by the 
National Industrial Recovery Board, full information concerning 
such methods shall be made available to all members of the industry. 
Thereafter, each member of the industry shall utilize such methods 
to the extent found practicable. Nothing herein contained shall be 
construed to permit the Code Authority, any agent thereof, or any 
member of the industry to suggest uniform additions, percentages 



106 

or differentials or other uniform items of cost which are designed to 
bring about arbitrary uniformity of costs or prices. 

Article VII — Appeals 

Section 1. Any directly interested party shall have the right of 
complaint to the appropriate regional code authority, and of a 
prompt hearing and decision in respect of any decision, rule, regula- 
tion, order or finding made by such authority, under such reason- 
able rules or regulations as may be prescribed by such authority. 

Section 2. In respect of any decision, rule, regulation, order or 
finding made by any regional code authority, any directly interested 
party shall have the right of com])laint to the Code Authority and 
of a prompt hearing and decision under such rules of procedure as it 
may prescribe. 

Section 3. Any directly interested party shall have the right of 
appeal to the National Industrial Recovery Board, subject to such 
rules and regulations as it may prescribe, in respect to any decisions, 
rule, regulation, order or finding made by the Code Authority. 

Section 4. The Code Authority shall be empowered to hear dis- 
putes between regional code authorities, committees, or agencies. 

Article VIII — Kegistration or Members or the Industry 

Each member of this industry within thirty (30) days after the 
effective date of this Code, shall register with the Code Authority. 
All members of this industry who may engage in the Bituminous 
Road Material Distributing Industry thereafter shall likewise reg- 
ister wath the Code Authority. Registration of a member of this 
industry shall include the full name and mailing address of the 
member. An application may be made by the Code Authority to 
the National Industrial Recovery Board for an extension of the 
time limit for the registration by any member of this industry if it 
appears that the time limit as provided herein might cause injustice 
or undue hardship to any member of this industry. 

Article IX — Monopolies 

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

Article X — Modification 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provisions of. Sub-section (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 the said Act and specifically, but with- 
out limitation, to the right of the President to cancel or modify his 
approval of any provisions of this Code or any conditions imposed 
by him in his ai)proval thereof. 



107 

Section 2. This Code, except as to provisions required by the Act, 
may be modified on the basis of experience or chanj^es in circum- 
stances, such modifications to be based upon application to the Na- 
tional Industrial Recovery Board and such notice and hearing as it 
shall specify, and to become efTective upon its approval. 

Article XI — Review of Acts of Code Autiiokities 

If the National Industrial Recovery Board shall determine that 
any action of the Code Authority or of any regional 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 investi- 
gation of the merits of such action and further consideration by the 
Code Authority or of any regional code authority or agency pend- 
ing final action which shall not be efi'ective unless the National 
Industrial Recovery Board approves or unless it shall fail to dis- 
approve after thirty days' notice to it of intention to proceed with 
such action in its original or modified form. 

Article XII — Effective Date 

This Code shall become effective on the beginning of the thirtieth 
(80th) day after its approval by the President. 



Approved Code No. 530. 
Registry No. 1003-05. 



O 



Approved Code No. 531 
CODE OF FAIR COMPETITION 

FOR THE 

STAINED AND LEADED GLASS INDUSTRY 
As Approved on November 2, 1934 



ORDER 



Approving Code or Fair Competitiox for the Stained and Leaded 

Glass 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 Stained and Leaded Glass Industry, and 
hearings having been duly held thereon and the annexed report on 
said Code, containing findings with respect thereto, having been 
made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
it}^ 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 Code complies 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 Code of Fair Competition 
be and it is hereby approved; provided, however, that within ninety 
(90) days hereafter objections to and/or facts supporting the pro- 
visions of the Code referring to Class A and Class B products and 
wage differentials for skilled labor employed in the production of 
such products, and to other labor provisions, shall be submitted to us 
by the interested parties, and further providing that if in our opinion 
the provisions applicable to these matters do not appear to be fair, a 
public hearing shall be held for the purpose of amending the Code 
in so far as it relates to labor provisions. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Q-fjicer. 

Approval recommended : 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

November ^, 1034. 

94^07° 1325-21 34 (109) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Code of Fair Competition for the 
Stained and Leaded Glass Industry, the hearing having been con- 
ducted in Washington on June 1, 1934, in accordance with the provi- 
sions of Title I of the National Industrial RecoA-ery Act. 

HOURS AND WAGES 

The Code provides that no employee shall be permitted to work 
in excess of forty (40) hours in any one week, or more than eight 
(8) hours in any twenty-four (24) hour period or more than six (6) 
days in any seven (7) day period, except that employees may be 
permitted to work not in excess of forty-eight (48) hours in any one 
week in any six (C) weeks in any six (6) months period; provided, 
however, that any such employees shall be paid at least one and 
one-half (l^/^) times the normal rate for all hours worked in excess 
of eight (8) hours in any one day and forty (40) hours in any one 
week. Exception is made for employees engaging in emergency 
maintenance and/or repair work, provided they are paid one and 
one-half (1^/^) times the normal rate for hours worked in excess of 
forty (40) hours in any one week or eight (8) hours in any one day. 
Minimum wage rates of $1.00 per hour for work done on the more 
expensive type of industry products and 80^- an hour for work done 
on the other products of the Industry are established, except that 
emplo3^ees engaged as helpers shall be paid at the rate of not less 
than 400 an hour and employees engaged as apprentices shall be 
paid at the rate of not less than 350 an hour for the first six (6) 
months of apprenticeship with an increase of 50 per hour at the end 
of each six (6) months period during apprenticeship. Accounting, 
clerical or office employees shall be paid at a rate of not less than 
$15.00 per week. A differential is established between southern and 
northern wage areas, which provides that in the southern area the 
minimum Avage rate shall be not less than ninety (90) pei'cent of 
the minimum wage rate provided for in the Code. 

ECONOMIC EFEECT OF THE CODE 

This Industry, because of its connection with the Construction 
Industry, has suffered severely during the depression. The number 
of employees in the Industry in 1929 was approximately 3,500 but 
had fallen to about 1,000 in 1933, the latest year for which figures 
are available. The volume of production in 1933 Avas about one-sixth 
of that in 1929, when it Avas estimated at approximately $6,000,000. 
According to the statistical analysis of the Division of Research 

(110) 



Ill 

and riaimiiig the stimulation of cniployniont in this Industry will 
have to await an increase in building construction. 

FINDINGS 

The Deputy Administrator in his tinai report to us on said Code 
having found* as herein set forth and on the basis of all the proceed- 
ings in this matter, 

Wo 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 v/ill pro- 
vide for the general welfare by promoting the organization of indus- 
try 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 emploj's 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 limitation 
Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsec- 
tion (b) of Section 10 thereof; and that the applicant association is 
an industrial association truly representative of the aforesaid Indus- 
try; and that said association imposes no inequitable restrictions on 
admission to membership therein. 

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

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

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

For these reasons, therefore, we have approved this Code. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojficer. 
November 2, 1934. 



CODE OF FAIR COI^IPETITION FOR THE STAINED AND 
LEADED GLASS INDUSTRY 

Article I — Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code of 
Fair Competition for the Stained and Leaded Glass Industry, and 
shall be the standards of fair competition for such Industry and 
shall be binding upon every member thereof. 

Article II — Definitions 

1. The term '' Stained and Leaded Glass Industry " as used herein 
inclucks the fabricating and selling and/or installing of stained 
glass windows, stained and leaded glass, leaded glass, hard metal 
glazed and foil glazed glass, cutting and glazing and/or painting 
and erecting of any colored or crystal glass for windows or lights 
and the cutting and setting and installing of storm or protection 
glass for buildings and other structures for protection of the stained 
glass windows thereof; also installation of ventilator frames, tee 
bars and saddle bars for stained and leaded glass windows ; provided 
all installation and construction work at site shall be subject to any 
applicable chapter of the Code of Fair Competition for the Con- 
struction Industry. 

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

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

4. The term " employer '' as used herein includes anyone by whom 
such emploj^ee is compensated or employed. 

5. The term " association " as used herein shall mean the Stained 
Glass Association of America. 

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

7. The term " skilled craftsman " as used herein shall include all 
persons who have attained a high degree of proficiency in glass 
I)ainting, glass cutting, and lead, hard-metal, or foil glazing, by 
serving a term of apprenticeship or otherwise. 

8. The term " helpers " as used herein is defined to mean persons 
employed in drafting, glass painting, firing, and cementing oper- 
ations, who, though not serving an apprenticeship in the craft, 

(112) 



113 

cannot be considered .skilled craftsmen. Such term shall not includo 
employees who cut or glaze glass, nor those -who erect or paint glass 
except as assistants under the direction of a skilled craftsman. 

9. The term "apprentices" as used herein is defined to mean per-i 
sons who are learning the craft under articles of indenture and agree- 
ment of time covering a period of four years. 

10. The term "Class A Product" as nsecl Iiei-ein means stained 
and/or leaded glass reproducii^ig drawings and/or requiring the uso 
of patterns for the cutting of tlio glass and/or the use of line or tho 
indication of modeling in the i)ainting process; excluding the manu- 
facture of numbers of identical lights of uniform size and design, cut 
from one set of patterns, such as are made up and carried in stock 
or otherwise, for sale to what is known as the " sash and door trade "; 
but including repetitions from the same designs and patterns, for 
sets of windows for churches and other buildings, for wliich special 
drawings shall have been made. 

11. The term " Class B Product " as used herein means such work 
as can be produced without the use of patterns and/or by the process 
known as " gauge cutting ", and/or the manufacture of numbers of 
identical lights of uniform size and design, cut from one set of pat- 
terns, such as are made up to be carried in stock or otherwise, for 
sale to what is known as the " sash and door trade ", excluding repe- 
titions from the same drawings and patterns for sets of windows for 
churches and other buildings, for which special drawings are made. 

Article III — Hours 

1. No employee shall be permitted to work in excess of forty (40) 
hours in any one week, or more than eight (8) hours in any twenty- 
four (24) hour period, except as otherwise provided in this Article 
III, and except that employees may be permitted to work not in 
excess of forty-eight (48) hours in any one week in any six (6) weeks 
in any six (6) months period; provided, however, that any such 
employee shall be paid at least one and one-half {IY2) times the 
normal rate for all hours worked in excess of eight (8) hours in am' 
one day and forty (40) hours in any one week. 

2. The maximum hours specified in Section 1 of this Article II 
shall not apply to the following: 

(a) Employees engaged in managerial or executive capacities who 
regularly earn thirty-five ($35.00) dollars or more per week. 

(b) Employees engaged in emergency maintenance and emergency 
repair work involving breakdown or protection of life or property ; 
provided, however, that such employees shall be paid at least one and 
one-half (l^/o) times the normal hourly rate for all hours worked 
in excess of forty (40) hours in any one week and eight (8) hours in 
any one da3^ 

(c) Emploj^ees engaged as vratchmen who shall be permitted to 
work not in excess of forty-eight (48) hours in any one week. 

(d) Accounting, clerical or office employees who shall be permitted 
to work not in excess of forty (40) hours in any one week. 

3. No employer shall knowingly permit any employee to work 
for any time which, when added to the time spent at work foi* 
another employer or employers exceeds the maximum permitted 
herein. 



114 

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

5. Any employer who does the work of a skilled craftsman or 
helper shall be subject to the provisions of this Code as to hours 
of labor. 

Article IV — Wages 

1. No employee, except as otherwise provided herein, shall be paid 
in any pay period less than at the rate of one ($1.00) dollar per 
hour for Class A Products and eighty (80) cents per hour for Class 
B Products. 

2. The mininnnn hourly w^age specified in Section 1 of this Article 
IV shall not applj^ to the following : 

(a) Employees engaged as helpers, comprising not more than one 
such helper for each two skilled craftsmen, who shall be paid not less 
than at the rate of forty (40) cents per hour. 

(b) Employees engaged as apprentices, comprising not more than 
one such apprentice (but any member of the Industry may employ 
at least one apprentice) for each five (5) skilled craftsmen, who 
shall be paid in any pay period not less than at the rate of thirty- 
five cents (35^') per hour for the first six months of the appren- 
ticeship, with an increase of five cents (5^) por hour at the end of 
each six-month period during the apprenticeship. 

(c) Accounting, clerical or office employees, who shall be paid in 
any pay period not less than at the rate of fifteen dollars ($15.00) 
per week. 

3. No employee in the South shall be paid in any pay period less 
than at the rate of ninety (90) percent of the rates of pay specified 
in Sections 1 and 2 of this Article IV. For the purposes of this sec- 
tion, the term " South " shall mean and include the States of North 
Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, 
Mississippi, Texas, Arkansas, Louisiana, and Oklahoma. 

4. No cutters, glazers, or glass painters shall be given piece or 
contract work. 

5. This Article IV establishes minimum rates of pa}^ which shall 
apply irrespective of whether an employee is actually compensated 
on a time rate, piece rate, or other basis. 

6. Equitable adjustment of compensation of employees receiving 
more than the minimum rates of pay herein prescribed, shall be made 
by all employers who have not heretofore made such adjustments, 
and all emploj^ers shall, within sixty (60) days after approval of 
this Code, report in full to the Code Authority and to the Adminis- 
trator concerning such adjustments, whether made prior to or subse- 
quent to such approval; provided, however, that in no event shall 
hourly or weekly rates of pay be reduced. 

7. No emplo^yee now engaged at a rate above the minimum shall be 
discharged and reemployed or replaced by another at a lower rate 
for the purpose of defeating the provisions of the Act or of this 
Code. 

8. Each 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 payments for pensions, insurance, 
or sick benefits other than those voluntarily paid by the wage earners, 



115 

or rcquii-ed by State laws. AVa<,'es shall be paid at least once a week, 
and salaries at least twice a month. No employer shall withhold 
wages. The employer or his ag.'nts shall accept no rebates directly 
or indirectly on such wages nor give anything of value nor extend 
favors to any person for the purpose of influencing rates of wages 
or the working conditions of his employees, 

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

10. A person wliose 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 designated by the 
United States Department of Labor a certificate authorizing his 
employment at such wages and for such hours as shall be stated in 
the certificate. Such authority shall be guided by the instructions 
of the United States Department of Labor in issuing certificates to 
such persons. Each employer shall file monthly with the Code Au- 
thority a list of all such persons employed by him. showing the wages 
paid to, and the maximum hours of work for such employee. 

Article V — General Labor Provisions 

1. No peivson under sixteen (16) years of age shall be employed 
in the Lidustry or anyone under eighteen (18) years of age at op- 
erations or occupations hazardous in nature or detrimental to health. 
The Code Authority shall submit to the Administrator for approval 
within sixty (60) days after the effective date of this Code a list 
of such operations or occupations. In any State an employer shall 
be deemed to have complied with this provision if he shall have on 
file a certificate duly issued by the authority empowered to issue 
employment or age certificates showing that the employee is of the 
required age. 

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

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

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

3. jSTo provision in this Code shall supersede any State or Fed- 
eral 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 worlcing conditions, or insurance, or fire protec- 
tion, than are imposed by this Code. 

4. No employer shall reclassify emploj^ees or duties of occupations 
performed or engage in any other subterfuge so a^ to defeat the 
provisions or purposes of the Act or of this Code. 



116 

5. All emploj'ers shall comply with the rules and regulations issued 
from time to time by the Administrator with respect to posting 
notices, bulletins, and extracts from this Code. 

6. Every employer shall provide for the safety and health of his 
employees at the place and during the hours of their employment. 
Minimum standards of safet}' and health shall be submitted by the 
Code Authority to the Administrator for approval within three (3) 
months after effective date of this Code. 

7. No employee shall be discharged, demoted, or otherwise dis- 
criminated against for reason of making a complaint or giving evi- 
dence with respect to an alleged violation of this Code. 

8. Standards as to the maximum hours of labor, minimum rates 
of pay, and such other conditions of employment as may be neces- 
sary to effectuate the policies of Title I of the Act may be established 
for any area by mutual agreements between employers and employees 
arrived at and approved pursuant to the provisions of Section 
7 (b) of the Act, provided that the wage and hour provisions of such 
agreements shall not be less favorable to employees than the wage, 
hour and other labor provisions established in this Code. 

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

Authority 

organization and constitution 

1. A Code Authority is hereby established consisting of three per- 
sons, or such other number as may be designated from time to time 
by the Administrator. Two members of the Code Authority are 
to be elected within thirty (30) days after the effective date of this 
Code and thereafter annually by the Association and one member to 
be elected within thirty (30) days after the effective date of this 
Code and thereafter annually by members of the Industry who are 
not members of the Association, No two members are to be elected 
from the same town or city, and the method of election is to be 
approved by the Administrator. 

2. In addition to membership as above provided, there may be one 
to three members, without vote, to be known as Administration 
members, and to be appointed by the Administrator to serve for 
such terms as he may specify. 

3. Each trade or industrial association directly or inclirectl}'^ par- 
ticipating in the selection or activities of the Code Authorit}^ shall 
(a) impose no inequitable restrictions on membership; and (b) 
submit to the Administrator true copies of its articles of associa- 
tion, bylaws, regulations, and any amendments when made thereto, 
together with such other information as to membership, organiza- 
tion, and activities as the Administrator may deem necessary to 
effectuate the purposes of the Act. 

4. In order that the Code Authority shall at all times be truly rep- 
resentative of the Industry and in other respects compl}'^ with the 
provisions of the Act, the Administrator may prescribe such hear- 
ings as he may deem proper, and thereafter, if he shall find that the 
Code Authority is not truly representative or does not in other re- 
spects comply with the provisions of the Act, may require an ap- 
propriate modification of the Code Authority. 



117 

5. 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 or nonfeasance. 

0. If the Administrator shall at any time determine that any action 
of the Code Authority or any agenc}^ thereof may be unfair or unjust 
or contrary to the public interest, the Administrator may require that 
such action be suspended to aiford an opportunity for investigation 
of the merits of such action and further consideration by such Code 
Authority or agency pending linal action which shall not be effective 
unless the Administrator approves or unless he shall fail to dis- 
approve after thirty (80) days' notice to him of intention to proceed 
with such action in its original or modified form. 

POWEKS AND DUTIES 

7. Subject to such rules and regulations as may be issued b}' the 
Administrator, the Code Authority shall have the following powers 
and duties, in addition to those authorized by other provisions of 
the Code. 

(a) To insure the execution of the provisions of this Code and to 
provide f<^)r the compliance of the Industry with the provisions of 
the Act. 

(b) To adopt bylaws and rules and regulations for its procedure. 

(c) To obtain from members of the Industry such information 
and reports as are required for the administration of the Code. In 
addition to information required to be submitted to the Code Author- 
ity, members of the industry subject to this Code shall furnish such 
statistical information as the Administrator may deem necessary for 
the purposes cited in Section 3 (a) of the Act to such Federal and 
State agencies as he may designate; provided that nothing in this 
Code shall relieve any member of the Industry of any existing obli- 
gations to furnish reports to any Governmental agency. No indi- 
vidual report shall be disclosed to any other member of the Industry 
or any other party except to such other Governmental agencies as 
may be directed by the Administrator. 

(d) To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities provided foi* 
herein, provided that nothing herein shall relieve the Code Authority 
of its duties or responsibilities under this Code and that such trade 
associations and agencies shall at all times be subject to and comply 
with tlie 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 Industr3^ 

(f) To recommend to the Administrator any action or measures 
deemed advisable, including further fair practice provisions to gov- 
ern members of the industry in their relations with each other or 
with other industries; measures for industrial planning and stabili- 



118 

zation of employment; and includin<:j 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. 

(g) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
codes as may be related to the Industry for the purpose of formulat- 
ing fair trade practices to govern the relationships between 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. 

(h) To assemble data relating to the iiliportation of stained and 
leaded glass into the United States on such terms or under such 
conditions as to endanger the maintenance of this Code, for the 
purpose of carrying out the provisions of Section 3(e) of the Act. 

8. The Code Authority may appoint such committees or agents as 
it may deem necessary and may delegate to them or to any divisional 
or subdivisional agency such of its powers or duties as it may deem 
proper for the administration of this Code ; provided, however, that 
it shall reserve final responsibility as to any powers or duties so 
delegated. 

9. (A) It being found necessary in order to support the adminis- 
tration of this Code and to maintain the standards of fair competi- 
tion established hereunder and to effectuate the policy of the Act, 
the Code Authority is authorized : 

1. To incur such reasonable obligations as arc necessary and 
proper for the foregoing purposes, and to meet such obligations 
out of funds which may be raised as hereinafter provided and 
which shall be held in trust for the purposes of the Code; 

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

3. After such budget and basis of contribution have been ap- 
proved by the Administrator, to determine and obtain eciuitable 
contribution as above set forth by all members of the Industry, 
and to that end, if necessary, to institute legal proceedings 
therefor in its own name. 

B. Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the Administrator. 
Only members of the Industry complying with the Code and con- 
tributing to the expenses of its administration as hereinabove pro- 
vided, unless duly exempted from making such contributions, sliall 
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 obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount 



119 

contained in the approved budget except U})on approval of the 
i\ dministrator ; and no subsequent budget shall contain any de- 
ficiency item for exi)enditures in excess of ])rior bndget estimates 
except those which the xVdministrator shall have so approved. 

Arttclk VTI — Traoe Practices 

1. The term "competitive bidding"' as used herein shall mean 
the submission at or before a definite predetermined time of pro- 
posals by two or more members of the Indnstry to an awarding 
aulhority to execnte a specific program of work, furnishing a 
definite service or supplying material specifically rec|uired for a 
particular project at a stipulated price. This does not include fur- 
nishing quotations on standard products. The term " awarding 
authority " as used herein shall mean any person, firm, corporation, 
or governmental agency who may upon competitive bidding award 
contracts. 

2. The practice commonly known as " bid peddling " is charac- 
terized as unfair and shall not be engaged in by any member of the 
Industry. Bid peddling in effect means the offering by the bidder 
prior to the making of an award of a substitute bid or price lower 
than the one originally bid without a commensurate decrease in 
the requirements of the job. The correction of the abuses resulting 
from such practice is obtainable bjj^ regulation restricting or con- 
trolling bidders. 

3. No member of the Industry shall submit more than one bid 
or more than one design on the same part of the work contemplated, 
except where alternates are called for and required of all competi- 
tors alike, and no member shall bid after closing date fixed by 
aAvarding authority. This section applies in competitive bidding. 

4. No contract shall be accepted at other than the price specified in 
a design competition. No contract shall be accepted at a price other 
than that submitted in the competition by the selected competitor. 

5. No member of the Industry shall quote more than one price in 
the same competition, except that a revised quotation may be sub- 
mitted when the plans and/or specifications have been substantially 
changed, and have been submitted to all competitors alike. 

6. No member of the Industry shall give or offer any rebate, 
refund, discount or special allowance or service, whether in the 
form of money or otherwise, unless included in his original bid. 

7. (a) Each member of the Industry shall make a reasonable 
charge for the service involved in preparing designs, sample win- 
dows or sections, when submitted in competition with other members 
for the sale of Industry products; provided, however, no charge need 
be made for designs on contracts of three hundred ($300.00) dollars 
or less for three or more windows. 

(b) The charge for such service shall be based upon a fee to be 
mutually agreed upon between the member of the Industry and the 
awarding authority, wdiich fee shall be at least equal to the sum of 
all costs in connection wnth the service. 

(c) All designs submitted in any competition shall remain the 
property of the members of the Industry bidding in such competition, 
unless specifically agreed to by all such members alike. 



120 

8. The Code Authority shall cause to be formulated methods of 
cost finding and accounting capable of use by all members of the 
Industry, and shall submit such methods to the Administrator for 
review. If approved by the Administrator, full information concern- 
ing such methods shall be made available to all members of the 
Industry. Thereafter, each member of the Industry shall utilize 
such methods or other methods that conform to the principles of, and 
are at least as detailed and complete as, those formulated by the Code 
Authority. Nothing herein contained shall be construed to permit 
the Code Authority, any agent thereof, or any member of the In- 
dustr}^ 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. 

AirncLE VIII — Modification 

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

2. Such of the provisions of this Code as are not required to be 
included herein by the Act may, with the approval of the Admin- 
istrator, be modified or eliminated in such manner as may be indi- 
cated by the needs of the public, by changes in circumstances, or by 
experience. 

Article IX — Monopolies, Etc. 

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

Article X — Price Increases 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult of consummation if prices of goods and 
services increase as rapidly as wages, it is recognized that price in- 
creases except such as may be required to meet individual cost should 
be delayed, 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 

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



Approved Code No. 531. 
Registry No. 1021-13. 



O 



AMENDMENTS 



99613°— 34- 



Approved Code No. 253 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ANIMAL SOFT HAIR INDUSTRY 
As Approved on October 10, 1934 



ORDER 



Approving Amendment to the Code of Fair Competition for the 
Animal Soft Hair 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 Animal Soft Hair 
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, 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 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, 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 the National Industrial Recov- 
ery Board issues a subsequent Order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Admirdstrative 0-fficer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington D. C, 

October 10, 1934. 

(121) 



REPOKT TO THE PRESIDENT 

The Presidknt, 

The White House. 

Sir : Thiy is a report on an amendment to the Code of Fair Compe- 
tition for the Animal Soft Hair Industry. Notice of Opportunity 
to be Heard on this amendment was published on September 7, 1934 ; 
no objections were received within the given fifteen (15) days period 
ending September 22, 1934. The amendment, which is attached, was 
presented by <luly (inalified and authorized representatives of the 
Industry, complying with statutory requirements and being the duly 
constituted Code Authority under the provisions of the said Code 
for said Industry. 

This amendment provides for assessment of the members of the 
Animal Soft Hair Industry to defray the expenses of the Code Au- 
thority, as set forth in Executive Order No. 6678, dated April 
14, 1934. 

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 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 
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. 

(e) 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. 

(122) 



123 

(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. 
For the National Industrial Recovery Board : 

By G. A. Lynch. 
Ad7mndstratwe Officer. 

October 10, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOlt 
THE ANIMAL SOFT HAIR INDUSTRY 

Article VII, Section 6(f), is hereby deleted and the following i; 
thereby substituted : 

(f ) It being found necessary in order to support the administra- 
tion of this Code and to maintain the standards of fair competition 
established by this Code, and to effectuate the policy of the Act, th« 
Code Authority is authorized, subject to the approval of the National 
Industrial Recovery Board : 

(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 they 
may deem necessary (1) an itemized budget of its estimated expenses 
■*^or the foregoing purposes, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
all members of the Industry ; 

(3) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine and 
secure equitable contributions, as above set forth, by all members of 
the Industry, and to that end, if necessarj^, to institute legal proceed- 
ings 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- 
thorit}', determined as hereinabove provided and subject to the 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 administra- 
tion 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. 

(h) The Code Authroity shall neither incur nor pay any obliga- 
tion substantiall}^ 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 
Industrial Recovery Board; and no subsequent budget shall contain 
any deficiency items for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Delete subsection (g) of Section 6 of Article VIII, and change the 
subsections under Section G of Article VII as follows: (h) to (i) ; 
and (i) to (j). 

Approved Code No. 253 — Amendment No. 1. 
Registry No. 1627-05. 

(124) 



Approved Code No. 434 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CLAY MACHINERY INDUSTRY 

As Approved on October 10, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the Clay 
Machinery 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 an 
amendment to a Code of Fair Competition for the Clay Machinery 
Industry, and opportunity to be heard thereon having been duly 
noticed and the annexed report on said amendment, containing 
findings v^^ith 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 Ex- 
ecutive 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 amended to 
include an approval of said Code in its entirety as amended, such 
approval and such amendment to take effect ten (10) days from the 
date hereof, unless good cause to the contrary is shown to the Na^ 
tional Industrial Recovery 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, Adminififrative Oficer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 



Washington, D. C, 

October 10, 193If. 



(125) 



REPORT TO THE PRESIDENT 

The President, 

The W/iifc House. 
SiH : This is a report on the Amendment to the Code of Fair 
Competition for the Clay Machinery Industry to incorporate the 
principles contained in Executive Order of April 14, 1934, relating 
to collection of expenses of Code Administration. This Amendment 
was proposed in accordance with Article IX of the Code as approved 
March 17, 1934, and Notice of Opportunity to be Heard was given 
from August 10 to August 24, 1934. 

FTNTDINGS 

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 
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 ])roducts through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said Amendments on behalf of the Industry as a whole. 

(d) The 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 w^ill not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(126) 



127 

(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; subject, 
however, to a ten day waiting period as provided in the Order of 
Approval. 

For the National Industrial Recovery Board : 

By G. A. Lynch, 
Administrative Officer, 

October 10, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
CLAY MACHINERY INDUSTRY 

PURPOSE 

Pursuant to Article VI, Section 9 and Article IX, Section 2 of the 
Code of Fair Competition for the Clay Machinery Industry, duly 
approved by the President on March 17, 1934, and further to effectu- 
ate 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 every member of the 
Clay Machinery Industry. 

Article VI — Administration 

Amend Article VI by deleting Section 6 and substituting the fol- 
lowing new Section 6, and by deleting Section 4 (g) ; and by delet- 
ing from the first sentence of Section 1 (a) the phrase " and signify 
their willingness to pay their pro-rata share of the cost of adminis- 
tering this Code ", placing a period instead of a comma after word 
" representatitm." 

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, 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 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 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 proceed- 
ings 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 National Industrial 
Recover}^ 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- 

(128) 



129 

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 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 Na- 
tional 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. 343 — Amendment No. 1. 
Registry No. 1399-45. 



Approved Code No. 133 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE MASONRY INDUSTRY 

As Approved on October 10, 1934 



ORDEE 



Approving Amendment to the Code of Fair Competition for the 
Concrete Masonry Industry 

An application having been duly made pursuant to and in full 
compliance v^ith the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to" the Code of Fair Competition for the Concrete Masonry 
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, we, the National Industrial Recovery Board, pursuant to au- 
thority vested in us by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and other- 
wise; do hereby incorporate, by reference, said annexed report and 
do find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purpose of said Title of said Act, and 
do herebv 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, Admimstrative Officer, 

Approval recommended : 

Wayne P. Ellis, 

Acting Division Administrator. 

Washington, T>. C, 

October 10, 193 Jf. 

(131) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, for an amendment to the Code of Fair Competition 
for the Concrete Masonry Industry, submitted by the Code Author- 
ity for the Concrete Masonry Industry. 

The purpose of this amendment is primarily to clarify and 
strengthen a number of provisions in the Code and to permit the 
inclusion of sub-divisions of the Industry at a later date. Existing 
provisions have been revised, and new provisions have been added 
to more effectively create employment, protect wage payments, per- 
mit employment of handicapped persons, prevent reclassification of 
labor through subterfuge, prevent improper dismissal of employees, 
and provide for the safety and health of employees. The provisions 
relating to administration have been completely re-written for clar- 
ity and to conform to existing policy, and recommended procedure. 
The provisions relating to secret rebates and commercial bribery 
have been revised for clarity and to conform with Administrative 
policy. The provision relating to price listing has been revised to 
make such lists available for inspection of all interested parties. 
The effect of the amendment is briefly that the position of the em- 
ployee in the Industry is strengthened and his welfare given more 
protection, and that the administration of the Code may proceed 
along more definite and constructive lines. 

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 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 unit action of labor and management under adequate 
governmental sanction and supervision, by eliminatintr 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 

(1^2) 



133 

through increasing purchasing poAver, by labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(cl) 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 i^ 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. 

For the National Industrial Recovery Board : 

By G. A. Lynch, 
Administrative Officer. 

October 10, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CONCRETE MASONRY INDUSTRY 

Amendment No. 1 

Article II, Section 1, entitled "' IncUistiy " to be amended to read 
as follows: 

" The term ' Industry ' as used herein includes the manufacture, 
and sale by those who manufacture, of block, brick, or tile building 
units made of Portland Cement Concrete, primarily for structural 
use, and such related branches or sub-divisions as may from time to 
time be included under the provisions of this Code ". 

Ajiendment No. 6 

Article III, Section 2 (c) to be amended by re-writing the Section 
as follows: 

" Watchmen, provided no such employees shall be permitted to 
work in excess of fifty-six (56) hours in any one week; provided 
further, however, that in idle plants not operating and which have 
not operated for the previous two weeks, watchmen shall not be per- 
mitted to work in excess of sixty-four (G4) hours in any one week." 

Amendment No. 7 

Article III to be amended by adding the following new Section 
as Section 7: 

'" Standards as to the maximum hours of labor, minimum rates of 
pay, and such other conditions of employment as may be necessary to 
effectuate the policies of Title I of the Act may be established for 
any area by mutual agreements between employers and employees ar- 
rived at and approved pursuant to the provisions of Section 7 (b) 
of the Act, provided that the wage and hour provisions of such agree- 
ment shall not be less favorable to emj)loyees than the wage, hour 
and other labor provisions established in this Code." 

Amendment No. 8 

Article IV, Section 2 (d) to be amended by substituting the fol- 
lowing therefor: 

'' These wages shall be exempt from any payments or pensions, 
insurance or sick benefits, other than those voluntarily paid by the 
wage earners, or required by law, and such wages shall be paid in 
lawful currency or by negotiable check, payable on demand. Pay 
periods for wages shall be at least weekly, and for salaries at least 
monthly. The employer or his agent shall accept no rebates di- 
rectly or indirectly on such wages " ; 

(134) 



135 

and by addinoi; a new Section, Section 3 as follows : 

"A 2:)erson 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 tlie State Authority, designated by the 
U. S. Department of Labor, a certificate authorizing such person's 
employment at such wages and for such hours as shall be stated in 
the certilicate. Such authority shall be guided by the instructions 
of the U. S. De]iartment of Labor in issuing certificates to such 
persons. Each euiployer 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." 

Amendment No. 9 

Article V, Section 4 to be amended by striking out present Sec- 
tion 4 in the Code and substituting the following therefor : 

" Reclassification. — Emploj^ers shall not reclassify employees or 
duties of occupations performed by employees so as to defeat the 
purposes of the Act or of this Code, nor engage in any other subter- 
fuge for such purposes." 

Amendment No. 10 

Article V, Section 5 to be amended by adding certain words 
thereto in order that the complete Section as amended shall read as 
follows : 

" Each employer shall provide for the safety and health of his 
employees. He shall not be relieved from complying with all na- 
tional, state, and local ordinances and provisions of safety measures 
referring to safety and health measures and the welfare of em- 
ployees insofar as the same may apply to his special type of work, 
nor from protecting his employees by workmen's compensation in- 
surance. Standards for safety and health shall be submitted by 
the Code Authority to the Administrator for approval wuthin three 
(3) months after the effective date of this amendment." 

Amendment No. 11 

Article V to be amended by adding thereto the following section, 
as Section 8 : 

" No employee shall be dismissed or demoted for making a com- 
plaint or giving evidence with respect to an alleged violation of 
this Code." 

Amendment No. 12 

Article IV, Section 1 (a) — Amend by striking out the words: 
" No factory or mechanical worker or artisan ", and substituting 
therefor the words: " Except as provided in subsections (b) and (c) 
of this Section, no employee ", so that Section 1 (a) will read as 
follows : 

" Except as provided in Subsections (b) and (c) of this Section, 
no employee shall be paid at less than at the rate of forty (40) cents 
per hour, except that in Region Number 4 as defined in Article VI 
of this Code, the minimum shall be thirty (30) cents per hour." 

99613°— 34 3 



136 

Amendment No. 13 

Delete the whole of Ai-ticle VI, with exception of Section 14 as 
amended August 13, 1934, and substitute in lieu thereof the fol- 
lowing : 

"Article VI — Administration. 

Section 1. Regions. — To facilitate administration, the industry- 
shall be divided into five regions, as follows : 

(1) Maine, Vermont, New Hampshire, New York, Massachusetts, 
Connecticut, Khode Island. 

(2) Pennsylvania, Maryland, New Jersey, Delaware, District of 
Columbia, West Virginia. 

(3) Indiana, Michigan, Wisconsin, Kansas, Illinois, Minnesota, 
Iowa, Ohio, Missouri, North Dakota, South Dakota, Nebraska. 

(4) Texas, Oklahoma, Arkansas, Louisiana, Kentucky, Tennessee, 
Mississippi, Virginia, North Carolina, South Carolina, Georgia, 
Alabama, Florida. 

(5) Arizona, California, Colorado, Idaho, Montana, Nevada, Wyo- 
ming, New Mexico, Oregon, Utah, Washington. 

Section 2. The regions as established in Section 1 above may be 
revised and/or subdivided upon application by the Code Authority 
and approval by the Administrator. 

Section 3. A Code Authority is hereby established for the ad- 
ministration of this Code, and shall consist of eight (8) members 
to be elected as hereinafter provided, together with such additional 
members as may be required to represent new divisions as provided 
in Section 13 (b) of this Article. In addition to the membership as 
above provided there may be three (3) members, without vote, to 
be known as Administration Members, to be appointed by the Ad- 
ministrator to serve for such time as he may specify. 

Section 4. The Code Authority shall be elected in the following 
manner : The members of the Industry in each division shall, by a 
fair method of election to be approved by the Administrator, select 
its representatives to serve as members of the Code Authority, and 
the proportionate representation of each division on the Code 
Authority shall be based on tlie relative annual production (or vol- 
ume of business) of the members of the Industry in each division. 
In the event of any vacancy occurring, the Code Authority shall elect 
a member to fill such vacancy, provided that the proper representa- 
tion of each division is maintained. 

Section 5. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Code Author- 
ity or of any regional or subregional administrative committee shall: 
(i) impose no inequitable restriction on membership, and (2) sub- 
mit to the Administrator true copies of its articles of association, 
by-laws, regulations, and any amendments when made thereto, to- 
gether with such other information as to membership, organization, 
and activities, as the Administrator may deem necessary to effectuate 
the purposes of the Act. 

Section 6. In order that the Code Authority shall at all times be 
truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Administrator may provide such 
hearings as he may deem proper ; and thereafter if he shall find that 



a37 

the Code Authority is not truly representative or does not in other 
respects comply with the provisions of the Act, may require an ap- 
propriate modification in the method of selection of the Code 
Authority. 

Section 7. Nothin<y contained in this Code sliall constitute the 
members of the Code Authority partners for any purpose. Nor 
shall any member of the Code Authority be liable in any manner 
to anyone for any act of any other member, officer, agent, or em- 
ployee of the Code Authority. Nor shall any member of the Code 
Authority be liable to anyone for any action or omission to act under 
the Code, exce])t for his own willful malfeasance or nonfeasance. 

Section 8. If the Administrator shall at any time determine that 
any action of a Code Authority or any agency thereof may be un- 
fair or unjust or contrary to the public interest, the Administrator 
may require that such action be suspended to afford an opportunity 
for investigation of the merits of such action and further considera- 
tion by such Code Authority or agency pending final action which 
shall not be effective unless the Administrator approves or unless 
he shall fail to disapprove after thirty (30) clays' notice to him 
of intention to proceed with such action in its original or modified 
form. 

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 these 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 Au- 
thority, members of the industry subject to this Code shall furnish 
such statistical information as the Administrator may deem neces- 
sary for the purposes recited in Section 3 (a) of the Act to such 
Federal and State Agencies as he may designate; provided that 
nothing in this Code shall relieve any member of the industry of 
any existing obligations to furnish reports to any Governmental 
Agency. No individual report shall be disclosed to any other mem- 
ber of the industry or any other party except to such other Gov- 
ernmental 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 wdth the provisions hereof. 

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

(f ) The Code Authority may present to the Administrator recom- 
mendations based upon conditions in the industry as they may de- 
velop from time to time, which recommendations will tend to ef- 



138 

fectuate the operation of this Code and the policies of the Act. 
Such recommendations, upon approval by the Administrator, shall 
become effective as a part of this Code. 

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

(h) To provide appropriate facilities for arbitration by the mem- 
bers of the Industry, and subject to the approval of the Adminis- 
trator, to prescribe rules of procedure and rules to affect compliance 
with awards and determinations. 

Section 10. Regional Committees. — Members of the Industry in 
any division in any region, as defined in Section 1 of this Article, 
may establish Regional Committees by means of some fair method 
of election, subject to the approval of the Code Authority and the 
Administrator. The Code Authority on its own motion may, or 
upon petition of 25 per cent of the members of the industry in any 
division in any region shall, call a meeting of all the members of the 
industry in any division in any region for the purpose of organizing 
and electing a Regional Committee. 

Section 11. Suh-Regional ConnnmUees. — If, in pursuance of Sec- 
tion 2 of this Article, any region may be divided into sub-regions, 
each such sub-region may establish a Sub-Regional Committee by 
means of some fair method of election, subject to the approval of the 
Code Authority and the Administrator. 

Section 12-a. Regional and Sub-Regional Committees elected in 
conformity with Sections 10 and 11 of this Article shall have such 
powers and duties as may be delegated by the Code Authority, pro- 
vided, however, that all minutes and records shall be filed with the 
Code Authority, and provided, further that any action of any such 
committee shall be subject to the review and disapproval of the Code 
Authority. 

Section 12-b. The Code Authority may use such trade associa- 
tions and other agencies as it deems proper for the carrying out of 
any of its activities provided for herein and to pay such trade asso- 
ciations and agencies the cost thereof, provided that nothing herein 
shall relieve the Code Authority of its duties or responsibilities under 
this Code and that such trade associations and agencies shall at all 
times be subject to and comply with the provisions hereof. 

Section 13-a. For the purpose of the election of the Code Author- 
ity and to facilitate the administration of this Code, the following 
divisions of the industry are hereby established. 

(1) The Cinder Unit Division, wdiich shall consist of those mem- 
bers of the Industry who manufacture block, brick or tile building 
units, primarily for structural use, in which the aggregate chiefly 
used is cinders. 

(2) The Concrete Masonry Unit Division which shall consist of 
those members of the industry who manufacture block, brick or tile 
building units, primarily for structural use, in which the aggregate 
used is chiefly other than cinders. 



139 

Section 13-b. Divisions of the Industry may be established upon 
application to the Administrator by truly representative associa- 
tions or groups after such hearinfj and notice as he may prescribe, 
and such divisions shall have representation on the Code Authority 
in equitable proportion to the other divisions represented on the 
Code Authority, and such members of the Code Authority shall be 
elected by a method to be approved by the Administrator. 

Sectiox 13-c. Each JNIember of the Industry shall make such 
sworn reports to the Code Authority as to wages, hours of labor, 
number of employees, production, stocks on hand, sales, and such 
other matters as the Code Authority may require for the adminis- 
tration of this Code. 

Section 13-d. Each Member of the Industry shall keep accurate 
and complete records of its transactions in the Industry whenever 
such records may be required under any of the provisions of this 
Code, and shall furnish accurate reports based upon such records 
concerning any of such activities when required by the Code Author- 
ity or the Administrator. If the Code Authority or the Admin- 
istrator shall determine that substantia] doubt exists as to the 
accuracy of any such report, so much of the pertinent books, rec- 
ords and papers of such Member as may be required for the veri- 
fication of such report may be examined by an impartial agency, 
agreed upon betw^een the 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 Code 
Authority or otherwise, or be given any other publication, except 
such as may be required for the proper administration or enforce- 
ment of the provisions of this Code. 

Amendment No. 16 

Article VII, Section 1 (c). Amend by striking out second word, 
" define ", and substituting therefor the word, " defame ", in order 
that sub-section may read as follows : " To defame a competitor by 
words or acts, falsely imputing to him dishonorable conduct, inabil- 
ity to perform contracts, or questionable credit standing, or by the 
false disparagement of the grade or quality of his products." 

Amendment No. 17 

Article VII. Section 1 (i) and Section 1 (j). Amend by striking 
out sub-sections (i) and (j) and substituting therefor the following: 

"(i) Seci'et Rehates. — To secretly oft'er or make any payment of 
allowance of a rebate, refund, commission, credit, unearned discount 
or excess allow^ance, whether in the form of money or otherwise, nor 
to 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." 

"(j) Commercial Bribery. — To give, permit to be given or directly 
offer to give, anything of value for the purpose of influencing or 
regarding the action of any employee, agent or representative of 
another in relation to the business of the employer of such employee, 



140 

the principal of such ag:ent or the represented party, without the 
Ivnowledge 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." 

Amendment No. 19 

Amend Article VII, Section 3 by changing the period in Line 6 
to a semi-colon and add thereafter the following words : 

" Such price lists or copies thereof to be made available during 
all business days for the inspection of any and all interested par- 
ties."; and by substituting the following for the first sentence in the 
second paragraph of Section 3 of Article VII : 

" The Code Authority shall immediately send copies thereof to 
all such members of the Industry and their customers as shall apply 
therefor and defray the cost thereof " ; in order that the revised 
Section 3 of Article VII shall read as follows : 

" Published Prices. — Each member of the Industry shall publish 
and distribute to the trade his price lists for sales to consumers 
and/or middlemen for various types, kinds, and grades of products 
of the Industry, which shall include credit terms, trade and cash dis- 
counts, schedules of freight and cartage charges; copies of which 
shall at the same time be submitted to the Code Authority; such 
price lists or copies thereof to be made available during all business 
days for the inspection of any and all interested parties. 

The Code Authority shall immediately send copies thereof to all 
such members of the Industry and their customers as shall apply 
therefor and defray the cost thereof. Any revision of such price 
lists or other such information which may be thereafter made, shall 
be published to the trade and filed with the Code Authority to be- 
come effective on the date specified, but such revised price lists shall 
be filed at least five days in advance of the effective date . Failure 
to adhere to such published price lists, discounts, terms, or other 
conditions of sale, shall constitute an unfair method of competition." 

Approved Code No. 133 — Amendment No. 2. 
Registry No. 1011-1-02. 



Approved Code No. 98 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FIRE EXTINGUISHING APPLIANCE MANUFAC- 
TURING INDUSTRY 

As Approved on October 10, 1934 



ORDER 



Appro\tng Amendment of Code or Fair Competition for the 
Fire Extinguishing Appliance 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 10, 1933, for the approval of an amend- 
ment to a Code of Fair Couipetition for the Fire Extinguishing Ap- 
pliance Manufacturing Industry ; Opportunity to be Heard having 
been noticed to all interested persons, and no objections having been 
filed ; and the annexed report on said amendment, containing findings 
with respect thereto, liaving been made and directed to the President : 

NOW, THEREFORE, on belialf 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 Ex- 
ecutive 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 amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Ad?mnistrative Officer. 

Approval recommended : 
Barton W. Mukil^y, 

Division A dministrator, 

Washington, D. C, 

Octoher 10, 193Jf. 

(141) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on Amendments to the Code of Fair Compe- 
tition for the Fire Extinguishing Appliance Manufacturing Indus- 
try. In accordance with the requirements of the National Recovery 
Administration, due opportunity to be heard was afforded to all in- 
terested persons. No objections were filed. 

The Amendments are designed, primarily, to correct certain ob- 
vious typogi'aphical errors, as well as to supply certain requirements 
which the Code lacked. 

FINDINGS 

The Assistant Deputy Administrator in his final report to us on 
said Amendments 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 aTciding 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 sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

(142) 



(f ) Those engaged in other steps of the economic process have 
amendment^'"'^'' ""^'^ ^"^ ^"^ ^'^""'''"^ ^'"'''" ^"^ '^PP^^^^l of said 

Fn.'' Ji'''^'7'"T't^^;""'/-'T\7' ^'^"^^ approved this Amendment. 
J^or the National Industrial Itecovery Board: 

By G. A. Lynch, 
October 10, 1934. Administrative Officer. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FIRE EXTINGUISHING APPLIANCE MANUFAC- 
TURING INDUSTRY 

Amend Article II by deleting Sections 1, 6, and 7, and renumbering 
the remaining Sections so that they will be 1 to 9 inclusive. 

Amend Article II, old Section 10 (New Section 7) to read as 
follows : 

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

Add a new Section 10 to read as follows : 

Sec. 10. " The terms ' President ', 'Act ' and ' The National Indus- 
trial Recovery Board ', as used herein, mean respectively the Presi- 
dent of the United States, Title I of the National Industrial Recov- 
ery Act and the National Industrial Recovery Board." 

Amend Article III, Section 3, to read as follows : 

Sec. 3. "No employer shall knowingly permit any employee to 
work for any time which, when added to the time spent at work for 
another employer or employers in this Industry (or otherwise), ex- 
ceeds the maximum ]:>ermitted herein." 

Amend Article IX — Wages, to read Article IV — Wages. 

Amend Article V, Section 5, by deleting the present wording and 
substituting the following : 

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

Amend Article V, Section 6, by deleting the present wording and 
substituting the following : 

Sec. 6. No employer shall reclassify employees or duties of occu- 
pations performed or engage in any other subterfuge so as to defeat 
the i^urposes or provisions of the Act or of this Code. 

Amend Article V, Section 7, by deleting the present w^ording and 
substituting the following : 

Sec. 7. All eiuployers shall post and keep posted copies of this 
Code in conspicuous places accessible to all employees. Every mem- 
ber of the industry shall comply with all rules and regulations rela- 
tive to the posting of provisions of Codes of Fair Competition which 
may from time to time be prescribed by the National Industrial 
Recovery Board. 

Amend Article V by adding a new Section thereto, to read as 
follows : 

Sec. 8. No employer shall dismiss or demote any employee for 
njaking a complaint or giving evidence with respect to an "alleged 
violation of the provisions of this Code. 

(144) 



145 

Amend Article V by acldinp^ a new Section tliereto, to read as 
follows : 

Sf:c. 9. Every employer shall provide for the safety and health of 
employees durinfj the hours and at the places of their employment. 
Amend Article VI, Section 2 (d) to read as follows: 
(d) The Code Authority shall study conditions in the industry 
and shall make any recommendations from time to time to the Na- 
tional Industrial Ilecovery Board which it deems desirable to fur- 
ther the jiolicies of the Act, includinti; those specifically mentioned 
below, Avhich upon approval of the National Industrial Recovery 
Board and after such heariuji; as mav be prescribed shall liocouic a 
part of this Code and shall have full force and effect as provisions 
hereof. 

Amend Article VI by adding a new Section thereto, to read as 
follows : 

Sec. 5. Groups of members of the Industry manufacturing a par- 
ticular product or products having common interests and ])roblems, 
may be groujDed into product subdivisions by the Code Authority for 
administrative purposes. For each such product subdivision there 
shall bo an Advisory Committee to assist the Code Authority in the 
administration of the affairs of such product subdivision, such Com- 
mittee to be composed of two members of the product subdivision 
appointed or approved by the Code Authority, and one member of 
the Code Authority who shall act as Chairman. 
Amend Article VII, Section 1, to read as follows : 
Section 1. Misrejyresentation. — Misrepresentation on a price list, 
quotation sheet, advertising matter, etc. : as to the average weight 
or any other feature of a product ; or the use thereon of a misleading 
comparison with a competitive type of product. A misleading state- 
ment as to the business integrity, merchandise, policy, or financial 
standing of any competitor. Misrepresentation on a plate or a label 
or otherw^ise, either on the merchandise or on its carton, as to an 
exclusive patented, or other feature. 

Amend Article VII, Section 2, to read as follows : 
Sec. 2. Faulty Invoicing. — Fictitious invoicing of merchandise; 
or omission from an invoice of any of the special features of the 
product shipped against the invoice or of any of the terms pertaining 
to the sale. Allowing terms of payment more favorable than 2% 
cash discount 10th proximo or more favorable than net 30th proximo, 
or granting future invoice dating on any shipment of Code products 
(except to "distributors"). 
Amend Article VII, Section 8, to read as follows : 
Sec. 8. Excessive Warranties. — Guaranteeing a product, whether 
voluntarily or on request, on conditions more favorable to the pur- 
chaser than the following: Freedom from defects in material and 
workmanship under the use and service for which the product is 
recommended by the manufacturer; obligation to replace or repair, 
f.o.b. manufacturer's factory, any part or parts returned to his 
factory, transportation charges prepaid, the manufacturer to be 
the judge of whether or not the alleged defect is present; no obliga- 
tion for consequential damages or other items of expense which 
normally cannot be anticij^ated and equitably comprehended in 
original costs or selling prices. 



• 146 

Amend Article VII, Section 9, to read as follows : 

Sec. 9 (a) Discrimination Between Purchasers. — ^Discrimination 

in prices or terms of sale between purchasers of the same class, 

whether by misclassification or otherwise. 

(b) Registration of Factory Branches and Distrihutors. — Failure 
to promptly file with the Impartial Agency of the Code Authority 
a record of the establishment of a Factory Branch or of the appoint- 
ment of a Distributor. 

Amend Article VII, Section 10 (c), to read as follows: 

(c) Giving a purchaser the benefit of lower prices on orders re- 
ceived prior to or on the effective date of a price increase duly filed 
pursuant to Article VIII of this Code, unless shipment is made 
within twenty (20) days (Sundays and holidays excluded) following 
the effective date of such price increase. A postmark on a letter or 
the filing time on a telegram shall be deemed the date of receipt 
thereof. Provided, however, that nothing in this paragraph (c) 
shall apply to a written order from the Federal Government or a 
State Government or a county or municipality ; or to a written order 
for a specified quantity of Code products for a specified building 
or other construction project, if a record of such order is filed with 
the Secretary of the Association at the time of its acceptance. 

Amend Article IX, Section 2, to read as follows : 

Sec. 2. If the operation of any provision of this Code should in- 
terfere with the exercise of existing lawful patent rights or of rights 
under an existing lawful patent licensing agreement, any one affected 
thereby may apply to the Code Authority, which shall have power to 
grant an exemption, subject to the approval of the National Indus- 
trial Recovery Board. 

Amend Article IX, Section 4, by deleting the present wording 
and substitutinf^ the following : 

Sec. 4. Nothmg contained in this Code shall constitute the mem- 
bers of the Code Authority partners for any purpose. Nor shall 
any member of the Code Authority be liable m 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 nonfeasance. 

Amend Article X, Section 3, to read as follows : 

Sec. 3. Such of the provisions of this Code as are not required 
to be included therein by the Act may, with the approval of the 
National Industrial Recovery Board, be amended or eliminated as 
changes in circumstances or experiences may indicate. It is con- 
templated that from time to time supplementary provisions to this 
Code will be submitted for the approval of the National Indus- 
trial Recovery Board, including in particular, but without limitation 
thereto, supplementary provisions to prevent unfair competition in 
prices and other unfair or destructive competitive practices and to 
effectuate the other purposes and policies of Title I of the Act con- 
sistent with the provisions thereof. 

Approved Code No. 98 — Amendment No. 2. 
Registry No. 1314-01. 



Approved Code No. 366 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL MONUMENT INDUSTRY 

As Approved on October 10, 1934 



ORDER 



Approving Amendment of the Code of Fair Competition for the 
Retail Monument 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 Retail Monument In- 
dustry, and an opportunity to be heard having been duly afforded 
all interested parties, and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President; 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 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, 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 a subse- 
quent 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 10, 193 Jt, 



EEPOKT 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 Monument Industry. Said amendment is to 
be substituted for Section 7 of Article VI, and empowers the Code 
Authority to make collection of expenses of code administration for 
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 proposed 
amendment. 

The Deputy Administrator in his final report to the National In- 
dustrial 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 : 

It 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 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 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 1^0 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 it has approved this amendment. 

For the National Industrial Recovery Board : 

By G. A. Lynch, 
Adrrdnistratwe Officer, 

October 10, 1934. 

(148) 



AMENDMENT TO CODE OF FATK COMPETITION FOE 
THE RETAIL MONUMENT INDUSTRY 

Amend Article VI, Section 7, by deleting and substituting in lieu 
thereof the following : 

Section 7. Expe/irses. — (a) It being found necessary in order to 
support the administration of this Code and to maintain the stand- 
ards 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 members of 
the Industry, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

(b) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the National Industrial Re- 
covery Board. Only members of the Industry complying with the 
Code and contributing to the expenses of its administration as here- 
inabove provided, unless duly exempted from making such con- 
tribution, shall be entitled to participate in the selection of mem- 
bers of the Code Authority or to receive the benefits of any of its 
voluntary activities or to make use of any emblem or insignia of the 
National Recovery Administration, 

(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 Na- 
tional Industrial Recovery Board; and no subsequent budget shall 
contain any deficiency item for expenditures in excess of prior bud- 
get estimates except those which the National Industrial Recovery 
Board shall have so approved. 

Amend Article VI, Section 9 by deleting subsections (f) and (g) 
and designating subsections (h), (i) and (j) as (f), (g) and (h) 
respectively. 

Approved Code No. 366 — Amendment No. 1. 
Registry No. 1030-12. 

(149) 



Approved Code No. 294 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GUMMED LABEL AND EMBOSSED SEAL 
INDUSTRY 

As Approved on October 11, 1934 



OEDEE 



Approving Amendment to the Code or Fair Competition for the 
Gummed Label and Embossed Seal Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I oi the National Industrial 
Eecovery Act, approved June 16, 1933, for approval of amendments 
to a Code of Fair Competition for the Gummed Label and Embossed 
Seal 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, THEEEFORE, on behalf of the President of the United 
States, the National Industrial Eecovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Exe- 
cutive 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 ap- 
proved, 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 Eecovery Board, 
By G. A. Lynch, Administ7'ative Officer. 

Approval recommended: 
Joseph F. Battley, 

Acting Division Administrator, 

Washington, D. C, 

October 11, 193j^ 

99613°— 34 4 (151) 



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 Gummed Label and Embossed Seal Industry which 
was approved by you on February 17, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

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

The Board fincls 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 of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tion, promoting the fullest possible utilization of the present produc- 
tive capacity of industries, by avoiding undue restriction of produc- 
tion (except as may be temporarily required), by increasing the 
consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving 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 Code empowers the Code Authority to propose the 
amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

By G. A. Lynch, 

Adrrmdstrative Officer. 



October 11, 1934. 



(152) 



153 

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
GUMMED LABEL AND EMBOSSED SEAL INDUSTRY 

Delete Section 5 of Article II and in lieu thereof insert : 
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 liereunder and to effectuate the policy of the Act, 
the Code Authority is authorized : 

1. To incur such reasonal)le obligations as are necessary and proper 
for the foregoing purposes, and to meet such obligations out of funds 
which may be raised as hereinafter ]3rovided and which shall be held 
in trust for the ]3urix)ses 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 (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 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. 

(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 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 shall in no event exceed the total amount con- 
tained 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 esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 294 — Amendment No. 1. 
Registry No. 404-09. 



Approved Code No. 328 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TAPIOCA DRY PRODUCTS INDUSTRY 

As Approved on October 11, 1934 



ORDER 



Approving Amendment to Code or Fair Competition for the 
Tapioca Dry Products Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Tapioca Dry Prod- 
ucts Industry, and Notice of Opportunity to be Heard having been 
duly published thereon and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, 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, 1931, 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 ap- 
proved, and that the previous approval of said Code is hereby 
amended to include an ai^proval of said Code in its entirety as 
amended, provided, however, that the following change be aiid it 
is hereby made : 

Subsection 7 (g) of VI shall be deleted. 

National Industrial Reco\'ery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator, 

Washington, D. C, 

Oetoher 11, 193Jf. 

(155) 



REPOET TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Notice of Opportunity to be Heard on the Amendment 
to the Code of Fair Competition for the Tapioca Dry Products 
Industry, submitted by the Code Authority for the said industry 
was published September 19, 1934, and expired October 4, 1934, in 
accordance with the provisions of the National Industrial Recovery 
Act. 

The Amendment provides for the submission of a budgjet by the 
Code Authority and for compulsory contribution to said budget by 
members of the industry. 

FINDINGS 

The Deputy Administrator in his final report on said Amendment 
having found as herein set forth and on the basis of all 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 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 
icreasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabili- 
tating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said title of said act, including without limitation 
subsection (a) of section 3, subsection (a) of section 7 and 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 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. 

Therefore, said Amendment has been approved. 

For the National Industrial Recovery Board : 

By G. A. Lynch, 
Adimnlstrative Officer. 

OcroBEK 11, 1934. 

(15G) 



AMENDMENT TO CODE OF FATE COMPETITION FOR THE 
TAPIOCA DRY PRODUCTS INDUSTRY 

Article VI. Section 7 (f), shall be deleted. 

Article VI. Section 5 sluill be deleted and the following inserted 
in place thereof: 

Section 5 (1). It bein<^ 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 autliorized : 

(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 estimate 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 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 
therefore in its own name. 

(2) Each member of the Industry shall pay his or its equitable 
contribution to the exi)enses of the maintenance of the Code Au- 
thority, determined as hereinbefore 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 
hereinbefore provided (unless duly exempted from making such con- 
tribution) 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 tlie 
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 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 
shall have so approved. 

Approved Code No. 328- -Amendnient No. 1. 
Registry No. 601-02. 

(157) 



Approved Code No. 483 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ELECTRIC HOIST AND MONORAIL MANU- 
FACTURING INDUSTRY 

As Approved on October 12, 1934 



ORDER 



Approving Amendiviext or Code or Fair CoMPETinoN for the 
Electric Hoist and Monorail Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amendment 
to a Code of Fair Competition for the Electric Hoist and Monorail 
Manufacturing Industry, and notice of opportunity to be heard 
thereon having been duly published, and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive orders of the President, including Exec- 
utive 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 amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative O-fjicer. 

Approval recommended : 
Barton W. Murray, 

Division Adtninistrator. 

Washington. D. C, 

October 12, 193 J^. 

(159) 



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 Electric Hoist and Monorail Manufacturing Indus- 
try, approved by the Administrator on July 13, 1934. 

The amendment, which provides that the permanent Code Au- 
thority shall consist of seven (7) members of the Industry instead of 
six (6) as originally provided and that at least one (1) member of 
the Code Authority shall be a non-member of either of the two (2) 
sponsoring industrial associations, will improve the administration 
of this Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the Na- 
tional 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 the 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 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 the standards of labor, and by otherwise reha- 
bilitating 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 S?ction 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Electric Hoist and Monorail Associations were and are 
Industrial Associations, truly representative of the aforesaid In- 
dustry and that said Associations imposed and impose no inequitable 
restrictions on admission to membership therein and have applied 
for this amendment. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(160) 



161 

(e) The amendment and the Code as amended are not desi<^ned 
to and will not eliminate or oppi-ess small enterprises and will not 
operate to discriminate against them. 

(f) Those enframed in other steps of the economic process have 
not been deprived of the rio;ht to be heard prior to approval of said 
amendment. 

For these reasons, therefore, we have approved this amendment. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Ad7ninistrativc Oiflcer, 
October 12, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ELECTRIC HOIST AND MONORAIL MANUFAC- 
TURING INDUSTRY 

Pursuant to Article XII, Section 2 of the Code of Fair Com- 
petition for the Electric Hoist and Monorail Manufacturing In- 
dustry, duly approved by the Administrator on July 13, 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 every 
member of the Electric Hoist and Monorail Manufacturing Industry. 

Article VI — Administration 

Amend Article VI, by deleting Subsection (a). Section 1, and 
rewording subsection (a) to read as follows: 

(a) During the period not to exceed sixty days following the ef- 
fective date of this code, the Code Committee of the Electric Hoist 
Manufacturers Association and the Monorail IManufacturers Asso- 
ciation shall constitute a temporary Code Authority consisting of 
six members, and one to three additional members, without vote, to 
be appointed by the National Industrial Recovery Board, if it should 
so desire. Such temporary Code Authority shall, within sixty days 
of the effective date, set up a permanent Code Authority to succeed 
such temporary Code Authority in effectuating the policies of the 
Act and to cooperate with the National Industrial Recovery Board 
in the administration of the Code. 

The permanent Code Authority shall consist of seven members of 
the Industry. At least three members of the Code Authority shall 
be principally engaged in the manufacture of Electric Hoists; at 
least three members of the Code Authority shall be principally en- 
gaged in the manufacture of Monorail Equipment; and at least one 
member of the Code Authority shall be a non-member of the Electric 
Hoist Manufacturers Association or the Monorail Manufacturers 
Association who is engaged in the manufacture of either Electric 
Hoists or Monorail Equipment. 

The Code Authority shall be elected at a meeting of employers 
called by the Electric Hoist Manufacturers Association and the 
Monorail Manufacturers Association any time within sixty days 
after the approval of this Code. Notice of such meeting shall be 
sent by telegraph and/or registered mail to all ascertainable em- 
ployers in the Industry, and it shall specifically state the voting at 
the meeting may be in person, by letter ballot, or by proxy, and each 
employer sliall be entitled to one vote. The seven employers eligible 
for election who receive the greatest number of votes shall constitute 
the Code Authority. 

Approved Code No. 483 — Amendment No. 1. 
Registry No. 130G-03. 

(162) 



Approved Code No. 315 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

INDUSTRIAL SAFETY EQUIPMENT INDUSTRY 
AND INDUSTRIAL SAFETY EQUIPMENT TRADE 

As Approved on October 12, 1934 



ORDER 



Approvino A:\rEXD:\rr:NT or Code of Fair Competition for the 
Industrial Saffty Equipment Industry and Industrial Safety 
Equipment Trade 

An application having been duly made pursuant to and in full 
comiDliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Industrial Safety Equip- 
ment Industry and Industrial Safety Equipment Trade, and Oppor- 
tunity to be Heard having been duly noticed, and the annexed re})ort 
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 by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereb}^ incorporate, by 
reference, said annexed report and does find that said amendment 
and the Code as constituted after being amended comply in all re- 
spects with the pertinent provisions and will promote the policy and 
purposes of said Title of said Act, and 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. 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 the Board issues a subsequent 
order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Q-jJicer. 

Approval recommended : 
Barton W. Murray, 

Division Adviinistrator. 



Washington, D. C, 

October 12, 1934. 



(163) 



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 Industrial Safety Equipment Industry and Trade. 
In accordance with the requirements of the National Recovery Ad- 
ministration, due opportunity to be heard was afforded all interested 
persons. No objections were filed. 

The amendment is designed to provide for the collection of Code 
Administration expenses in accordance with the requirements of 
Executive Order 6676, dated April 14, 1934. 

FINDINGS 

The Assistant 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 : 

The National Industrial Recovery 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 industi-y 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 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 Code emj^owers 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. 

(1C4) 



165 

(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 
Amenchnent. 

For these reasons, therefore, the Board has approved this 
Amendment. 

For the National Industrial Recovery Board : 

G. A. Lynch, 

Administrative Ojflcer. 
October 12, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY 
AND INDUSTRIAL SAFETY EQUIPMENT TRADE 

Amend Article VII by deleting Section 5 and Section 7 (f ) and 
substituting in lieu of said Section 7 (f) the following: 

(f) 1. It being found necessary in order to support the adminis- 
tration 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 opportunity to be heard as he 
may deem necessary, (1) an itemized budget of its estimated ex- 
jjenses 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 and trade. 

(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 industr}^ and trade, and to that end, if necessary, to institute 
legal proceedings therefor in its own name. 

2. Each member of the industry and trade shall pay his or its 
equitable contribution to the expenses of the maintenance of the Code 
Authority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the National Industrial 
Recovery Board. Only members of the industry and trade comply- 
ing with the Code and contributing to the expenses of its adminis- 
tration as hereinabove provided, (unless duly exempted from mak- 
ing such contributions) shall be entitled to participate in the selec- 
tion of members of the Code Authority or to receive the benefits of 
any of its 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 
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 Re- 
covery Board shall have so approved. 

4. Renumber Sections six (6) to twelve (12) inclusive to read Sec- 
tions five (5) to eleven (11) inclusive. 

Approved Code No. 315 — Ameudmeiit No. 1. 
Registry No. 1399-24. 

(166) 



Approved Code No. 300 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LYE INDUSTRY 

As Approved on October 12, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Lye 

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 Lye Industry, and 
Notice of Opportunity to be Heard having been duly published 
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, 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, 1931, 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 iVct; 
and does hereby order that said amendment be and it is hereby ap- 
proved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended; provided, however, that the words "assents to and" in 
the second paragraph of subsection (a). Section 1, Article VI, 
shall be deleted. 

National Industrial Recovery Board, 
By G. A. Lynch, Admin lst7'atlve Officer, 

Approval recommended : 
Joseph F. Batfley, 

Acting Division Administrator, 

Washington, D. C. 

October 12 1934. 

99613°— 34 5 (167) 



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 Lye Industry, which was approved by you February 
19th, 1934. 

The Amendment provides for the submission of a Budojet by the 
Code Authority, and for compulsory contribution to said Budget by 
members of the Industry. 

A Notice of Opportunity to be Heard on the said Amendment 
was submitted by the Code Authority for the said Industry and 
was publislied September 19th, 1934, and expired October 4th, 1934, 
in accordance with the provisions of the National Industrial 
Recovery Act. 

FINDINGS 

The Deputy Administrator in liis final report on said Amendment 
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 
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 amended complies in all respects with the per- 
tient 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. 

(1G8) 



169 

(e) Tho AnioiidnK'iit and the Code as amended are not desijrned to 
and will not eliminate or oppress small enterprises and will not op- 
erate to discriminate against them. 

(f) Those eno-a<j;ed in otlier steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
Amendment. 

Therefore, said Amendment has been approved. 
For the National Industrial Recovery Board: 

G. A. Lynch, 
Administrative officer, 
OCTOBKR 12, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LYE INDUSTRY 

ARTICLE VI, Section 2(c), subsection 2 shall be eliminated and 
the following inserted in place thereof : 

(2) It being found necessary in order to support the administra- 
tion of this Code and to maintain the standards of fair competition 
established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized : 

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

(b) To submit to the Administrator for his approval subject to 
such notice and opportunity to be heard as he may deem necessary 

1. an itemized budget of its estimated expenses for the foregoing 
purposes, and 

2. an equitable basis upon which the funds necessary to support 
such budget shall be contributed by members of the Industry; 

(c) After such budget and basis of contribution have been ap- 
proved by the 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 
jDroceedings therefore in its own name. 

(3) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinbefore provided, and subject to rules 
and regulations pertaining thereto issued by the National Industrial 
Recovery Board. Only members of the Industry complying with 
the Code and contributing to the expenses of its administration 
as hereinbefore provided (unless duly exempted from making such 
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. 

(4) 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 iii no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Na- 
tional 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. 300 — Anieudmeiit No. 1. 
Registry No. 699-02. 

(170) 



Approved Code No. 84R — Amendment No. 3 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

SCREW MACHINE PRODUCTS MANUFACTURING 

INDUSTRY 

As Approved on October 12, 1934 

ORDER 

Approving Amendment of Supplementary Code or Fair Com- 
petition FOR THE Screw Machine Products Manufacturing 
Industry 

A DIVISION OF the FABRICATED METAL PRODUCTS MANUFACTTTRING 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 Recovery 
Act, approved June 16, 1933, for approval of an amendment to a 
Supplementary Code of Fair Competition for the Screw Machine 
Products 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 respect thereto, having 
been made and directed to the President : 

NOAV, 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 other- 
wise; 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. 

National Industrial Recovery Board, 
By G. A. Lynch, Adimnistrative Ofjicer. 

Approval recommended : 
KiLBOURNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

October 12, 1934. 

(171) 



REPORT TO THE PRESIDENT 

The President, 

The WMte House. 

Sir: An application has been made pursuant to and in full com- 
pliance with the provisions of the National Industrial Recovery Act 
for an amendment of Article V of the Supplementary Code of Fair 
Competition for the Screw Machine Products Industry by the Sup- 
plementary Code Authority for that Industry. 

The Supplementary Code as approved on April 28, 1934 provides 
in Article V, Section 1, paragraph C that it shall be an unfair trade 
practice to quote or contract other than subject to the Standard 
Terms and Conditions of Sale shown in Schedule B of the Supple- 
mentary Code which shall be set forth in full in a prominent place 
on all quotations and contracts. 

The purpose of the present amendment is to liberalize this para- 
graph so that the terms of Schedule B may be incorporated by 
reference in such contracts. 

FINDINGS 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on said amendment of said Supplementary 
Code having found as herein set forth and on the basis of all pro- 
ceedings in this matter : 

It has been found that : 

(a) The amendment of said Supplementary Code and the Sup- 
plementary Code as amended are well designed to promote the poli- 
cies and purposes of Title I of the National Industrial Recovery Act 
including 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 organiza- 
tion of industry for the purpose of co-operative 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 capacitj^ 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. 

(172) 



173 

(c) The Supplementary Code empowers the Snpplemeiitarv Code 
Autliority to present the aforesaid amendment on behalf of the 
industry as a whole. 

(d) The amendment and the Supplementary Code as amended 
are not designed to and will not permit monopolies or monopolistic 
practices. 

(e) The amendment and the Supplementary Code as amended 
are not designed to and will not eliminate or oppress small enter- 
prises and will not operate to discriminate against tliem. 

(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, the amendment has been approved. 
For the National Industrial Recovery Board: 

G. A. Ltxch, 
Administrative Officer. 
October 12, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE SCREW MACHINE PRODUCTS 
MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend Article V, Section 1, Paragraph C, as follows: 
" To quote or contract other than subject to the Standard Terms 
and Conditions of Sale shown in Schedule B hereof, which shall 
be set forth in full in a prominent place on all quotations and con- 
tracts or incorporated therein by reference." 

Approved Code No. 84 R — Amendment No. 3. 
Registry No. 1104-11. 

(174) 



Approved Code No. 69 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MILLINERY AND DRESS TRIMMING BRAID AND 
TEXTILE INDUSTRY 

As Approved on October 15, 1934 



ORDER 



Appro\^ng Amendment of Code of Fair Competition for the Milli- 
nery AND Dress Trimming Braid and Textile Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Millinery and Dress 
Trinnning Braid and Textile Industry, 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 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 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, 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 Na- 
tional Industrial Recovery Board before that time and the National 
Industrial Recovery Board issues a subsequent order to that effect. 

National Industrial Reco\t:ry Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

Octoher 15, 193^. 

(175) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Code of Fair Competition for 
the Millinery and Dress Trimming Braid and Textile 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, 
a hearing was held on May 10, 1934, following which, revision of the 
amendment was made. 

The proposed amendment changes the definition as it applies to 
this Industry under Article I, Section (a) of the Code to the extent 
that the words " made in major portion " are changed to read " made 
in whole or in any portion ", in order that those members of other 
industries who have been prone to engage in the manufacture and/or 
distribution of products common to the Millinery and Dress Trim- 
ming Braid and Textile Industry shall not be able to determine the 
demarcation of the words " major portion " to their own benefit and 
thereby be exempted from provisions of the Code of Fair Compe- 
tition for the Millinery and Dress Trimming Braid and Textile 
Industry. 

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

It 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 objec- 
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- 
ment sanction and supervision, by eliminating unfair competitive 
practices by promoting the fullest possible utilization of the produc- 
tive capacity of industry, by avoiding undue restriction of production 
(except as may be temporarily required), b}^ 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 to the pertinent 
provisions of said Title I of said Act, including without limitation 
subsection (a) of Section 3, subsection (a) of Section 7, and subsec- 
tion (b) of Section 10 thereof. 

(176) 



177 

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

(d) The amendment and the Code as amended are not desio^ned 
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 dei^rived of the right to be heard prior to the approval of said 
amendment. 

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Ojjficer. 
October 15, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MILLINERY AND DRESS TRIMMING BRAID AND 
TEXTILE INDUSTRY 

Amending Article I, Section (a) : 

" The term ' Millinery and Dress Trimming Braid and Textile 
Industry ' as used herein includes the manufacture and distribution 
by manufacturers of braids, narrow fabrics, banding, cloths, or textile 
fabrics, (except such fabrics, referred to in this section, as are manu- 
factured in knitting plants principally engaged in the manufacture 
of products of the Knitted Outerwear Industry, in which case the 
distribution of said products shall be subject to the fair trade prac- 
tice provisions of the Code of Fair Competition for this Industry), 
made in whole or in any portion of synthetic bands, films or fila- 
ments except rayon, (or similar yarn made from acetate) and not 
of wool, silk, cotton, or other natural fibres, for the use and con- 
sumption of the Millinery and Dress Trimming trades and such 
other branches or subdivisions as may from time to time be included 
under the provisions of this Code ". 

Approved Code No. 69 — Amendment No. 2. 
Registry No. 247-1-05. 

(178) 



Approved Code No. 177 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SILVERWARE MANUFACTURING INDUSTRY 

As Approved on October 15, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Silverware 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 Silverware Manufactur- 
ing 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 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 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 amend- 
ment to take effect fifteen (15) 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 subsequent order to that efi'ect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
KiLBOuRNE Johnston, 

Acting Division Administrator, 

Washington, D. C, 

Octoher 15, 192J^. 

(179) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Silverware Manufacturing In- 
dustry submitted on July 14, 1934, a request for the Amendment of 
their Code to provide for the mandatory collections of the expenses 
of the maintenance of the Code Authority from each member of the 
Industry on an equitable basis to be approved by the National Re- 
covery Administration. 

On July 19, a notice of opportunity to file criticisms, objections, or 
suggestions concerning said Amendment was issued. The replies 
thereto were given careful consideration and study. 

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 ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue re- 
strictions of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The Amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operated to discriminate against them. 

(180) 



181 

(c) Tliose engaged in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
Anienchnent. 

For these reasons, this Amendment has been approved. 
For the National Industrial Recovery Board: 

G. A. Lynch, 
Adniinlstrative Officer. 
October 15, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
SILVERAVARE MANUFACTURING INDUSTRY 

Article VII of the Code is amended by the following additions 
and deletions : 

1. Subsection (d) of Section 1 is deleted completely. 

2. Subsection (e) of Section 1 becomes Subsection (d) of Sec- 
tion 1. 

3. Substitute for Subsection (g) of Section 2 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 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 
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 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 
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, 
det?rmined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the National Industrial Advisory 
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 contributions,) 
shall b'-!' 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 
Industrial Recovery Administration. 

3. Tile 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 
National Industrial Recovery Board; and no subsequent budget shall 
contain any deficiency item for expenditures in excess of prior budget 
estimates ex(;ept those which the National Industrial Recovery Board 
shall have so approved. 



183 

4. Delete Section 3 and substitute therefor the following: 
Each trade or industrial association directly or indirectly partici- 
pating in the s.dection or activities of the Code Authority shall (1) 
impose no inequitable restrictions on membership, and (2) submit to 
the National Industrial Recovery Board true copies of its articles 
of association, by-laws, regulations, and any amendments when made 
thereto, together with such other information as to membership, 
organization, and activities as the National Industrial Recovery 
Board may deem necessary to effectuate the purposes of the Act. 

Approved Code No. 177 — Amendment No. 1. 
Registry No. 1223-1-02. 



99013-— 34- 



Approved Code No. 331 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BULK DRINKING STRAW, WRAPPED DRINKING 
STRAW, WRAPPED TOOTHPICK AND WRAPPED 
MANICURE STICK INDUSTRY 

As Approved on October 16, 1934 



ORDER 



Approvixg Amendments to the Code or Fair Competitton for 
Bulk Drinking Straw, Wrapped Drinking Straw, Wil^pped 
Toothpick and Wrapped Manicure Stick 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 Bulk Drinking Straw, 
Wrapped Drinking Straw, Wrapped Toothpick and Wrapped ]Mani- 
cure Stick Industry, and hearing having been duly held 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 au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dat^d 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 Avith the pertinent provisions and 
will promote the policy and purposes of said Title of said i^ct, 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 Oiftcer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Admmistrator, 

Washington, D. C, 

October 16, 193^. 

- *> (185) 



EEPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Compe- 
tition for the Glazed and Fancy Paper Industry, which was approved 
by you on February 1, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

The Deputy Administrator in his final report 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 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 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 amend- 
ment 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 this amendment has been approved. 
For the National Industrial Recovery Board: 

G. A. Lynch, 
Ad/mmistrative Officer. 

October 16, 1934 

a86) 



AMENDMENT OF CODE OF FAIR COMPETITION FOR 
THE BULK DRINK] N(} STRAW, AVRAPPED DRINKING 
STRAW, WRAPPED TOOTHPICK AND WRAPPED MANI- 
CURE STICK INDUSTRY 

Delete Section 5 of Article II and in lieu thereof insert : 
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 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 (a) an itemized budget of its estimated 
expenses for the foregoing purposes, and (b) an equitable basis 
ujDon 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 National Industrial Recovery Board, to deter- 
mine 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 reg- 
ulations 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 here- 
inabove provided, unless duly exempted from making such contri- 
butions, 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 Na- 
tional 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 Na- 
tional 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. 331 — ^Amendment No. 1. 
Registry No. 407-08. 

(187) 



Approved Code No. 1 — Amendment No. 11 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON TEXTILE INDUSTRY 

As Approved on October 16, 1934 

BY 

PRESIDENT ROOSEVELT 



EXECUTIVE ORDER 

Amendixg Code of Fair Competition for the Cotton Textile 

Industry 

An application having been duly made pursuant to and in full 
c-onipliance with the provisions of Title I of the National Industrial 
Recovery Act approved June 16, 1933, for approval of the amend- 
ment of certain provisions of the Code of Fair Competition for the 
Cotton Textile Industry, and in order to carry out the recommen- 
dations of the Board of Inquiry for the Cotton Textile Industry, 
created by Executive Order No. 6840, dated September 5, 1934, em- 
bodied in the report of said Board submitted to me September 
17, 1934: 

NOW. THEREFORE, I, Franklin D. Roosevelt, President of the 
United States, pursuant to authority vested in me by said Title I of 
the National Industrial Recovery Act, and otherwise, do find that 
said amendment and said Code as constituted after being amended, 
comply in all respects with the pertinent provisions and will promote 
the policy and purjDoses of said Title, and do hereby order that said 
amendment be and it hereby approved, and that previous approval of 
the amended portions of the Code is hereby modified to include an 
approval of said portions of the Code in their entirety as amended. 

FRANKLIN D. ROOSEVELT. 

The White House, 

October 16, 1934. 

(189) 



AMENDMENT TO THE CODE OF FAIR COMPETITION 
FOR THE COTTON TEXTILE INDUSTRY 

Section XVII of the Code of Fair Competition for the Cotton 
Textile Industry is hereby repealed and the following provisions 
shall be substituted therefor : 

"XVII (1) The Textile Labor Relations Board shall appoint a 
Cotton Textile Work Assignment Board, to be composed of an im- 
partial chairman, one representative of the employers subject to the 
Code of Fair Competition for the Cotton Textile Industry, and one 
representative of the employees in that Industry. 

"(2) In order to provide opportunity to develop a sound method 
and adequate organization for the regulation of work assignments, 
no employer prior to February 1, 1935, shall make any change in 
work assignment of any class of employees which shall increase the 
effort required over that prevailing on September 21, 1934. 

" During this period the number of looms, frames or other ma- 
chines required to be tended by any class of employees shall not be 
increased where the character of the raw material, yarn, construc- 
tion of cloth, preparatory processes, type of equipment used, or 
character of finish or put-up, is not changed. Where such changes 
do occur the number of machines tended by such employees may be 
increased or decreased in such manner as will not increase the 
amount of effort required of the worker. 

" Where, during the period above referred to, a mill resumes the 
manufacture of any specific product which it has made within six 
months prior to September 21, 1934, and where the conditions of 
manufacture enumerated in the preceding paragraph are not changed, 
then the work load formerly used on such product shall be the guide 
in determining the proper work assignment. 

" Where, on September 21, 1934, a new style of yarn or cloth or 
any other new type of product was in course of introduction or is 
thereafter during the period above referred to introduced into a 
mill or finishing plant, a tentative work load may be established 
during tlie period of determining a proper work load in accordance 
with the foregoing principles. 

"(3) Prior to February 1, 1935, on petition of any employee or 
employer affected, or his representative, or on its own motion, the 
Cotton Textile Work Assignment Board may investigate any work 
assignment which has been increased since July 1, 1933, at any mill 
and the mill shall show the reasons for such increase. If after hear- 
ing the Board finds such assignment requires excessive effort it may 
require its reduction accordingly. 

"(4) The Cotton Textile Work Assignment Board shall have 
authority to appoint district impartial chairmen and such other 
agents as it may select and to issue rules and regulations to carry 
out the foregoing provisions of this Section. 

'*(5) The Cotton Textile Work Assignment Board shall, subject 
to instructions of the President, make a study of actual operations 
in representative plants and report to the President as to a permanent 
plan foi- regulation of work assignments in the Industry." 

Approved ('(ide No. 1 — Aineiulnient No. 11. 
Registry No. 2130-25. 

(190) 



Approved Code No. 248 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GLAZED AND FANCY PAPER INDUSTRY 

As Approved on October 16, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 
Glazed and Fancy 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 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Glazed and Fancy Paper 
Industry, and due notice and opportunity to be heard having been 
given thereon, and the annexed reports 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 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 ])romote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and 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 0-fficer. 

Approval recommended : 
Joseph F. Battle y, 

Acting Division Administrator. 

Washington, D. C, 

October 16, 193^. 

(191) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Compe- 
tition for the Glazed and Fancy Paper Industry, which was approved 
by you on February 1, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

The Deputy Administrator in his final report 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 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 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 amend- 
ment 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 dej^rived of the right to be heard prior to approval of said 
amendment. 

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board: 

G. A. Lynch, 
Ad/ministrative Officer. 
October 16, 1934 

(182) 



AIMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE GLAZED AND FANCY PAPER INDUSTRY 

Delete Section 5 of Article II and in lieu thereof insert: 
5. (a) It bein<^ found necessary in order to suppoi't the adminis- 
tration of this Code and to nuiintain the standards of fair competi- 
tion estahlislied hereunder and to effectuate the policy of the Act, the 
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 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 deems 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 National Industrial Recovery Board, to deter- 
mine and obtain equitable contribution as above set forth by all 
members of the Industr}^ and to that end, if necessary, to insti- 
tute legal proceedings therefor in its own name. 

(b) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations ]:)ertaining 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 here- 
inabove provided, unless duly exempted from making such contri- 
butions, 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 shall in no event exceed the total amount con- 
tained 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 esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 248 — Amendment No. 1. 
Registry No. 407-06. 

(193) 



Approved Code No, 293 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GUMMING INDUSTRY 

As Approved on October 16, 1934 



ORDER 



Approving Amendment to Code of Fair Competition for the 

Gumming 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 Gumming Industry, and 
due notice and opportunity to be heard having been given thereon, 
and the annexed report on said amendment, containing findings 
with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 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 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 : 
Joseph F. Battley, 

Acting Division Administrator, 

Washington, D. C, 

October 16, 193^. 

'* (195) 



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 Gumming Industry which was approved by you on 
February 17, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

The Deputy Administrator in his final report 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 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 
uiK iiployment, 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. 

(c) The Code empowers the Code Authority to propose the amend- 
ment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Ad'niinistrative Oifioer. 
October 1G, 1934. 

(196) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE GUMMING INDUSTRY 

Delete Section 5 of Article II and in lien thereof insert : 
5. (a) It beinjLr fonnd 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 oblio;ations as are necessary and 
proper for the foregoin*^ purposes, and to meet such obli<^ations 
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 deems 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 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 insti- 
tute legal proceedings therefor in its own name. 

(b) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, 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 here- 
inabove provided, unless duly exempted from making sucli 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 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 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 
shall have so approved. 

Approved Code No. 293 — Amendment No. 1. 
Registry No. 404-08. 

(197) . 



Approved Code No. 120 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PAPER AND PULP INDUSTRY 

As Approved on October 16, 1934 



ORDEK 



Approving Ainiendment 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 havino; been given 
thereon, and the annexed report on said amendment, containing find- 
ings with respect thereto having been made and directed to the 
President : 

^ NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thorit}' 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 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. Battley, 

Acting Division AdTnimstrator. 

Washington, D. C, 

October 16, 193^. 

99613° — 34 T (199) 



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 Paper and Pulp Industry which was approved by 
you on November 17, 1933. 

The eft'ect 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 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 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 ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and 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, 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- 
ment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

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

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

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board: 

G. A. Lynch, 
Administrative Officer, 
October 16, 1934. 

(200) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
PAPER AND PULP INDUSTRY 

Delete Section 4 of Article II and substitute therefor: 
4. It bein<2; 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 i)()licy of the Act. 

a. The Paper Industry Authority is authorized : 

(1) to incur such reasonable obli<2;ations as are necessary and 
proper for the fore«):oin<2^ purposes, and to meet such obli<2:a- 
tions out of funds which may be raised as hereinafter proA'ided 
and which shall be held in trust for the purposes of the Code ; 
to submit to the National Industrial Recovery Board for its ap- 
proval, subject to such notice and opportunity to be heard as 
it may deem necessary; 

an itemized budget of its estimated expenses for the foregoing 
purposes, and 

an equitable basis upon which the funds necessary to support 
such budget shall be contributed by Divisions of the Industry; 
after such budget and basis of contribution have been approved 
by the National Industrial Recovery Board, to determine and 
obtain equitable contribution as above set forth by all Divisions 
of the Industry, and to that end, if necessary, to institute legal 
proceedings therefor in its own name. 

b. Each Division Executive 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 through the Paper Industry Authority to the 
National Industrial Recovery Board for its approval, subject to 
such notice and opportunity to be heard as it may deem neces- 
sary 

(a) an itemized budget of its estimated expenses for the fore- 
going purposes, including the pro-rata contribution to be made 
by it for the maintenance of the Paper Industry, and 

(b) an equitable basis upon which the funds necessary to sup- 
port such budget shall be contributed by members of the 
Industry ; 

(8) after such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to deter- 
mine and obtain equitable contributions 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. 
Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Pa])er Industry 
Authority and the Executive Authorities, determined as herein- 
above provided, and subject to rules and regulations pertaining 
thereto issued l>y the National Industrial Recovery Board. Only 
members of the Industry complying with the Code and contributing 

(201) 



202 

to the expenses of its administration as hereinabove provided, (un- 
less duly exempted from makino; such contribution) shall be entitled 
to participate in the selection of members of the Code Authority or 
to receive the benefits of any of its voluntary activities or to make 
use of any emblem or insignia of the National Recovery Adminis- 
tration. 

The Paper Industry Authority or any Divisional Executive Au- 
thority 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 ap- 
proved budget, except upon approval of the National Industrial 
llecovery Board ; and no subsequent budget shall contain any defi- 
ciency^ items for expenditures in excess of prior budget estimates 
except those which the National Industrial Recovery Board shall 
have so approved. 

5. Until the Paper Industry Authority and/or the Executive Au- 
thority of each division shall have submitted its respective budget 
and basis of collection to the National Industrial Recovery Board 
for approval under Section 4 of this Article, and the same shall 
have been approved by the National Industrial Recovery Board, the 
expenses of administering this Code shall be apportioned among the 
various divisions and members in accordance with the formula al- 
ready adopted by the Paper Industry Authority. Contributions un- 
der this Section are voluntary contributions. 

Approved Code No. 120 — Amendment No. 2. 
Registry No. 405-1-04. 



Approved Code No. 371 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SANITARY MILK BOTTLE CLOSURE INDUSTRY 

As Approved on October 16, 1934 



ORDER 



Approving Amendments to the Code of Fair Competition for the 
Sanitary Milk Bottle Closure 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 Sanitary Milk Bottle Closure 
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 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 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 b? 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 : 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

October 16, 19SU. 

(203) 



REPOET TO THE PRESIDENT 

The President, 

The White House. 

^ Sir : This is a report on an amendment of the Code of Fair Compe- 
tition for the Sanitary Milk Bottle Closure Industry which was 
approved by you on March 26, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

The Deputy Administrator in his final report on said amendment 
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 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 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 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 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- 
ment 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 prior to approval of 
said amendment. 

For tliesc reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adininhttutivc Ojfioer. 
October 16, 1934. 

(204) 



AMENDMENT TO CODE OF FAIR COMPETITTON FOK 
THE SANITARY MILK BOTTLE CLOSURE INDUSTRY 

Delete Section 8 of Article II and substitute therefor: 
8. (a) It beino; found necessary in order to sui)i)ort 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 obli<^ations 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 (a) an itemized budget of its esti- 
mated 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 National Industrial Recovery Board, to deter- 
mine and obtain equitable contribution as above set forth by 
all members of the Industry, and to that end, if necessary, to 
institute legal proceedings therefor in its own name. 

(b) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the 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 
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 
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. 371 — Amendment No. 1. 
Registry No. 1608-02B. 

(205) 



Approved Code No. 48 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SILK TEXTILE INDUSTRY 

As Approved on October 16, 1934 

BY 

PRESIDENT ROOSEVELT 



EXECUTIVE ORDER 

Amending Code of Fair Competition for the Silk Textile 

Industry 

An application havinfj been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act approved June 16, 1933, for approval of the amend- 
ment of certain provisions of the Code of Fair Competition for the 
Silk Textile Industry, and in order to carry out the recommendations 
of the Board of Inquiry for the Cotton Textile Industry, created by 
Executive Order No. GSIO, dated September 5, 1934, embodied m the 
rejiort of said Board submitted to me September IT, 1934 : 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 
United States, pursuant to authority vested in me by said Title I of 
the National Industrial Recovery Act, and otherwise, do find that 
said amendment and said Code as constituted after being amended, 
comply in all respects with the pertinent provisions and will promote 
the policy and purposes of said Title, and do hereby order that said 
amendment be and it hereby is approved, and that previous approval 
of the amended portions of the Code is hereby modified to include 
an approval of said portions of the Code in their entirety as amended 

FRANKLIN D. ROOSEVELT. 
The White House, 

October 16, 1934. 

(2OT) 



AMENDMENT TO THE CODE OF FAIR COMPETITION 
FOR THE SILK TEXTILE INDUSTRY 

The Code of Fair Competition for the Silk Textile Industry shall 
be amended by adding at the end thereof, as Article XIII, the 
following provisions : 

"XIII (1) The Textile Labor Relations Board shall appoint a 
Silk Textile Work Assignment Board, to be composed of an impar- 
tial chairman, one representative of the employers subject to the 
Code of Fair Competition for the Silk Textile Industry, and one 
representative of the employees in that Industry. 

"(2) In order to provide opportunity to develop a sound method 
and adequate organization for the regulation of work assignments, 
no employer prior to February 1, 1935, shall make any change in 
work assignment of any class of employees which shall increase the 
effort required over that prevailing on September 21, 1934. 

" During this period the number of looms, frames or other ma- 
chines required to be tended by any class of employees shall not 
be increased where the character of the raw material, yarn, construc- 
tion of cloth, preparatory processes, type of equipment used, or 
character of finish or put-up, is not changed. Where such changes 
do occur the number of machines tended by such employees may be 
increased or decreased in such manner as will not increase the amount 
of effort required of the worker. 

" Where, during the period above referred to, a mill resumes the 
manufacture of any specific product which it has made within six 
months prior to September 21, 1934, and where the conditions of 
manufacture enumerated in the preceding paragraph are not changed, 
then the work load formerly used on such product shall be the guide 
in determining the proper work assignment. 

" Where, on September 21, 1934, a new style of yarn or cloth or 
any other new type of product was in course of introduction or is 
thereafter during the period above referred to introduced into a mill 
or finishing plant, a tentative work load may be established during 
the period of determining a proper work load in accordance with 
the foregoing principles. 

"(3) Prior to February 1, 1935, on petition of the Code Authority 
or of any employee or employer affected, or his representative, or on 
its own motion, the Silk Textile Work Assignment Board may in- 
vestigate an}' work assignment which has been increased since July 
1, 1933, at any mill and the mill shall show the reasons for such 
increase. If the Board finds after fair hearing such assignment 
requires excessive effort it may require its reduction accordingly. 

'•(4) The Silk Textile Work Assignment Board shall have author- 
ity to issue rules and regulations and to appoint such agents as it 
may select, who shall have authority to make investigations and 
reconmiendations in order to carry out the provisions of this Section. 

"(5) The Silk Textile Work Assignment Board shall, subject to 
instructions of the President, make a study of actual operations in 
representative plants and report to the President as to a permanent 
plan for regulation of work assignments in the Industry." 

Approved Code No. 48 — Amendment No. '6. 
liegistry No. 26o-01. 

(208) 



Approved Code No. 295 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WATERPROOF PAPER INDUSTRY 

As Approved on October 16, 1934 



ORDER 



Approving Amendment of Code or Fair Competition for the 
AYaterproof 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 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Waterproof Paper In- 
dustry, and due notice and opportunity to be heard having been 
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. C859, 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 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. Battley, 

Acti7ig Division Administrator. 

Washington, D. C, 

Octoher 16, 1931^ 

(209) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment of the Code of Fair Compe- 
tition for the Waterproof Paper Industry which was approved by 
you on February 17, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

The Deputy Administrator in his final report on said amendment 
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 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 w^ill provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 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 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 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 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 
amendment. 

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 

October 16, 1934. 

(210) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WATERPROOF PAPER INDUSTRY 

Delete Section 5 of Article II and substitute therefor: 
5. (a) It beini; found necessary in order to support the adminis- 
tration of this Code and to maintain the standards of fair conii)e- 
tition established hereunder and to effectuate the policy of the Act, 
the Code Authority is authorized : 

1. To incur such reasonable obligations as are necessary and 
proper for the foregoing purposes, and to meet such obligations 
out of funds Avhich 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, (a) an itemized budget of its esti- 
mated 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 National Industrial Recovery Board, to deter- 
mine 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. 

(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 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 shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the National 
Industrial Recovery Board ; and no subsequent budget shall contain 
any deficiencj^ item for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 295' — Amendment No. 1. 
Kegistry No. 406-11. 

(211) 



Approved Code No. 841 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

FORGED TOOL MANUFACTURING INDUSTRY 

As Approved on October 17, 1934 



ORDER 



Approvixg Amendment of Supplementary Code of Fair Competi- 
tion FOR THE Forged Tool 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 com- 
pliance with the provisions of Title I of the National Industrial 
Recover}^ Act, approved June 16, 1933, for the approval of the 
amendment to the Supplementary Code of Fair Competition for the 
Forged Tool Manufacturing Industry, and opportunity to be heard 
thereon having been duly noticed and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order 6859, and otherwise ; do hereby incorporate by refer- 
ence 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, 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 said 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 17, 193^. 

(213) 



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 Forged Tool Manufacturing In- 
dustry, a Division of the Fabricated Metal Products Manufacturing 
and Metal Finishing and Metal Coating Industry to incorporate the 
principles contained in Executive Order of April 14, 1934, relating 
to the expenses of Code Administration. This Amendment was pro- 
posed in accordance with Article X of the Code as approved on 
March 24, 1934, and Notice of Opportunity to be Heard was given 
from September 7 to September 21, 1934. 

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 ob- 
structions to the free flow of interstate and foreign commerce wdiich 
tend to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating upfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said 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. 

(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 
Amen(hnent. 

For these reasons, this Amendment has been approved by us, 
subject, however, to a ten day waiting period as provided in the 
Order of A])provaL 

For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Ojficer. 

October 17, 1934. 



DOGIS-— 34- 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE FORGED TOOL MANUFAC- 
TURING INDUSTRY 

A Division of the Fabricated Metal Products Manufacturing and 
Metal Finishing and Metal Coating Industry 

purpose 

Pursuant to Article X of the Supplementary Code of Fair Com- 
petition for the Forged Tool Manufacturing Industry, a Division 
of the Fabricated Metal Products Manufacturing and Metal Finish- 
ing and Metal Coating Industry, duly approved by the Adminis- 
trator on March 24, 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 Supplementary Code of 
Fair Competition and shall be binding upon every member of the 
Forged Tool Manufacturing Industry. 

amendment 

Delete Section 4 of Article IV and Subsections g and h of Section 
G of Article IV and renumber Sections 5 and 6 of Article IV to be- 
come Sections 4 and 5 thereof respectively and reletter Subsection i 
of the new said Section 5 to become Section h thereof and substitute 
as Subsection g of the new Section 5 of Article IV the following : 

Subsection g. (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 whicli may be raised as hereinafter provided and 
which shall be held in trust for the purposes of the Supple- 
mentary Code : 

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

(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 tliat end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

(216) 



217 

2. Each nuMubor of the Industry shall ])ay his or its equitable con- 
tribution to the exi)ens('s of the maintenance of the SuppleiiH'ntary 
Code Authority, detei-niined as hereinabove ])rovided. and subject to 
rules and re^-ulations i)ertainin<i; thereto issued by the A(bninisti'ator. 
Only nieuibei-s of the Industry coniplyin*; with* tiie Supplementary 
Code and contributin<j,' to the expenses of its aduunistration as here- 
inabove provided (unless tluly exempted from makin<j such contri- 
butions), shall be entitled to particii)ate 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 
insiirnia of the National Recovery Administration. 

3. Tiie Sui)i)lementary Code Authority shall neither incur nor pay 
any obli<2;ati()n 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 appi-oval 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. 841 — ^Amendment No. 1. 
Registry No. 1149-29. 



Approved Code No. 178 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WATCH CASE MANUFACTURING INDUSTRY 

As Approved on October 17, 1934 



ORDER 



AppRo^^Na Amendment to Code of Fair Competition for the 
Watch Case Manufacturing Industry 

An application havinf^ been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the National Industrial Re- 
covery Act, approved June 16, 1933, for approval of an amendment 
to a Code of Fair Competition for the Watch Case Manufacturing 
Industry, and Notice of Opportunity to be Heard 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 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 (15) days from 
the date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board before that time and the Na- 
tional Industrial Recovery Board issues a subsequent order to that 
effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Adimnistratlve Officer. 

Approval recommended : 
KiLBOuRNE Johnston, 

Acting Division AdministToior* 

Washington, D. C, 

October 17, 1931 

■ ■ - " (2ia) 



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 
Watch Case Manufacturing Industry, submitted by the Code Au- 
thority for the Watch Case Manufacturing Industry. 

The purpose and effect of the amendment are to authorize the Code 
Authority to submit a budget and basis of assessment upon which 
funds shall be contributed by members on the Industry. 

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 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 maintain- 
ing united action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of the industries, by avoiding undue restrictions 
of production (except as may be temporarily required) by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The Amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, therefore, this Amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Q-ffloer. 
October 17, 1934, 

(220) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
AVATCH CASE MANUFACTURING INDUSTRY 

Article VI, Section 1, Sub-section (d), line seven, delete remainder 
of this Sub-section beginning with the words " provided that any 
l)ers()n . . . ." and add a new Sub-section to Article VI. to be known 
as Sub-section 1 (e), as follows: 

(e) 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 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 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 National Industrial Recovery Board, to deter- 
mine and obtain equitable contribution as above set forth by all 
members of the industry, and to that end, if necessar}^, to insti- 
tute legal proceedings therefor in its own name. 

2. Each member of the industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the National Industrial Recovery 
Board. Only members of the industrj^ complying with the code and 
contributing to the expenses of its administration as hereinabove 
provided, shall be entitled to participate in the selection of meml)ers 
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 Industrial Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
api)roved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon appi'oval of the Nati(mal 
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 
shall have so approved. 

Apjtroved Code X(i. 178 — Auieudnient No. 1. 
Registry' Nu. 12-Ju-Ul. 

(221) 



Approved Code No. 301 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SAMPLE CARD INDUSTRY 

As Approved on October 18, 1934 



ORDER 



A^PRO^^NG Amendment of Code of Fair Competition for the 
Sample Card Industry 

An application having been duly made pursuant to and in fidl 
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 Sample Card Industry 
and due notice and opportunity to be heard having been given 
thereon, and the annexed report on said amendment, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 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, Advyinistrative Ofjicer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

October 18, 193^. 

(223) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Compe- 
tition for the Sample Card Industry, which was approved by you on 
February 19, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the jDow^er to in- 
stitute legal proceedings, if necessary, for the collection of said 
assessments. 

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) 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 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 
cooj^erative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting tlie fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products throu,gh 
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 witliout 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 tlie Code Authority to propose the amend- 
ment 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 amenthnent 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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 
October 18, 1934. 

(224) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SAMPLE CARD INDUSTRY 

Delete Section 5 of Article II and substitute therefor: 
5. (a) It being found necessary in order to support the admin- 
istration of this Code and to maintain the stan(hirds 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 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 (a) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (b) an equitable basis upon 
Avhich the funds necessary to support such budget shall be con- 
tributed by members of the industry. 

3. After such budget and basis of contribution have been ap- 
j)roved by the National Industrial Recovery Board, to determine 
and obtain equitable contribution as above set forth by all members 
of the Industr3% 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 Re- 
covery Board. Only members of the Industry complying with the 
Code and contributing to the expenses of its administration as here- 
inabove provided, unless duly exempted from making such contri- 
butions, shall be entitled to participate in the selection of members 
of the 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- 
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 
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 Re- 
covery Board shall have so approved. 

Approved Code No. 301 — Amendment No. 1. 
Kegistrj No. 299-1-19. 

(225) 



Approved Code No. 275A — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

AGRICULTURAL INSECTICIDE AND FUNGICIDE 

INDUSTRY 

As Approved on October 19, 1934 



ORDER 



Approving Amendment of Supplementary Code of Fair Com- 
petition FOR the Agricultural Insecticide and Fungicide 
Industry 

a division of the chemical manufacturing industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Agri- 
cult ui'al Insecticide and Fungicide Industry, a division of the Chemi- 
cal Manufacturing Industry, and Notice of Opportunity to be Heard 
having been duly published thereon and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. G859, 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 compl}^ 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 ; pro- 
vided, however, that Section 7 (d) of Article IV be and it is hereby 
deleted. 

National Industrial Recovery Board, 
By G. A. Lynch, AdTninistrative Officer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

October 19, 193^. 

(227) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Supplementary 
Code of Fair Competition for the Agricultural Insecticide and Fun- 
gicide, a Division of the Chemical Manufacturing Industry, which 
was approved by you on February 10, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary, for the collection of said 
assessments. 

FINDINGS 

The Acting Deputy Administrator in his final report on said 
amendment of said Code having found as herein set forth and on 
the basis of all the proceedings in tliis matter : 

The Board 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 of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce wdiich tend 
to diminish the amount thereof, and will provide for the general 
welfai'e by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest 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 
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 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 jiermit monoj^olies or monopolistic practices. 

(e) Tlie 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 this reason this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adrmnistrative Officer. 
(228) 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 
THE AGRICULTURAL INSECTICIDE AND FUNGICIDE 
INDUSTRY 

A DI^^SION OF THE CHEMICAL MANUFACTURING INDUSTRY 

Article IV, Section 5 shall be deleted and the followin<j^ inserted 
in place thereof : 

'* Section 5. It bein<; found necessary- in order to support the 
administration of this code and to nuiintain the standards of fair 
c()ni})etition 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 National Industrial Recovery Board for 
their approval subject to such notice and opportunity to be heard 
as they may deem necessary (1) an itemized budget of its estimated 
ex])enses for the foregoing purposes, and (2) an equitable basis 
upon which the funds necessary to suppoi't 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 the expenses of the maintenance of the Code Authority, 
determined as hereinbefore provided, and subject to rules and regu- 
lations pertaining thereto issued bv the National Industrial Recovery 
Board. Only members of the Industry complying with the Code 
and contributing to the expenses of its administration as herein- 
before 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. 

The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
ajiproved budget, and shall in no event exceed the total amount con- 
tained 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 esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 275A — Amendment No. 1. 
Registry No. 615-02. 

(229) 



Approved Code No. 126 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CHINA WARE AND PORCELAIN MANUFACTURING 

INDUSTRY 

As Approved on October 19, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
cliinaware and porcelain 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 amendment 
to the Code of Fair Competition for the Chinaware and Porcelain 
Manufacturing Industry, and as contained in a Published Notice of 
Opportunity to be Heard, Administrative Order No. 126-12, dated 
September 17, 1934, and no objections having been filed on said 
Published Notice, and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President : 

^ NOW, THEREFORE, on behalf of the President of the United 
States, 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, 
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 amended to include an approval 
of said Code in its entirety as amended, except that jDart of Section 
3 of Article VI of said Code, which is as follows : 

" provided that any person applying for such membership shall, in 
addition to the payment of such dues as are imposed and paid by 
all other members, accept a reasonable and equitable share of the 
cost of Code development and administration. Such members of 
the industry who do not choose to become members of any trade 
association or organized group may participate in the activities 
of the Code Authority, as herein provided, by paying to the Code 
Authority such proportionate part of the cost of Code development 
and administration as the Code Authority, subject to the Adminis- 
trator's approval, shall prescribe as fair and equitable", 

99613°— 34 9 (231) 



232 

is deleted inasmuch as it conflicts with the provisions of this amend- 
ment, 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 the National Industrial Recovery Board issues a subsequent 
order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 

W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

October 19, 1931^. 



HEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : An Opportunity to be Heard on an Amendment to the Code 
of Fair Competition for the Chinaware and Porcelain Manufactur- 
ing Industry submitted by the Code Authority for that Iiuhistry, in 
accordance with the provisions of the National Industrial Recovery 
Act, has been afforded to all interested parties and no objections have 
been received to date. 

The Amendment provides for the mandatory assessment for the 
expenses of the Code Authority and the limitation of liability of 
members of the Code Authority. 

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) That the amendment to said Code and the Code as amended 
are well designed to promote the policies and purposes of Title I 
of the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive j^ractices, by promoting the fullest possible utilization 
of the i)resent 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 
reliabilitatino- 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 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 enterpriseg and will not 
oj^erate 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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
AdTmnistrative Officer. 
October 19, 1934. 

(2;;3) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
CHINA WARE AND PORCELAIN MANUFACTURING IN- 
DUSTRY 

Amend Article VI by adding a new Section 5. 

Section 5. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor 
shall any member of the Code Authority be liable in any manner to 
anyone for any act of any other member, officer, agent or employee 
of the Code Authority. Nor shall any member of the Code Author- 
ity, exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act under this 
Code, except for his own wdlful malfeasance or non-feasance. 

Amend Article VI by adding a new Section 6. 

Section 6. 1. It being found necessary in order to support the 
administration of this Code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of the 
Act, the Code Authority is authorized : 

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

(b) To submit to the National Industrial Recovery Board for its 
aproval, 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 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 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 National Industrial Recovery 
Board. 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 
Authority or to receive the benehts 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 



235 



approved budget, and shall in no event exceed the total amount con- 
tained 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 esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 



Approved Code No. 120 — Amendment No. 2. 
Registry No. 1033-1-01. 



Approved Code No. 5 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COAT AND SUIT INDUSTRY 

As Approved on October 19, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Coat 

AND Suit Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16^ 1933, for approval of amendments 
to the amended Code of Fair Competition for the Coat and Suit 
Industry, and hearings having been duly held thereon and the an- 
nexed report on said amendments containing findings with respect 
thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders, including Executive Order No. 
C859 dated September 27, 1934, and otherwise, does hereby incor- 
porate, by reference said annexed report and does find that said 
amendments and the amended Code as constituted after being 
amended comply in all respects wnth the pertinent provisions of said 
Act, and does hereby order that said amendments be and the}^ are 
hereby approved, and that the previous approval of said amended 
Code, is hereby amended to include an approval of said amended 
Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Adininistrative OffiGGT, 

Approval recommended : 
Prentiss L, Coonley, 

Acting Division Administrator, 

Washington, D. C, 

October 19, 19S4. 

(237) 



REPORT TO THE PRESIDENT 

The President, 

The White House, 

Sir : On Friday, August 3, 1934, a Public Hearing was held to 
consider Amendments to the Code of Fair Competition for the Coat 
and Suit Industry. Such Amendments were based on the determina- 
tions made by the Fact Finding Commission. Said Fact Finding 
Commission was created by the Administrator to study the AVage 
Provisions of the Code as well as those provisions of the Code Setting 
differentials as between markets. Every person who requested a con- 
ference was fairly heard in public in accordance with regulations 
of the National Recovery Administration. There were present duly 
authorized representatives of the Fact Finding Commission, the 
Code Authority and other representative members of the Industry. 

After careful study of the report of the Fact Finding Commis- 
sion, and after Public Hearing and careful study of the record 
thereof, it was found : 

1. That the existing basic differential between markets are cor- 
rect and proper except in the case of Baltimore which should be 
transferred to the Eastern Area and wdiich transfer is effected by 
the amendment herein of Article II Definitions Section VII of the 
Amended Code; and 

2. That the principle of averages as included in this Code is sound 
and that a large degree of enforcement of these provisions has been 
effected. In view of the findings of the Commission on this subject, 
no change in the Code with respect to averages is desirable. A con- 
tinuation by the Code Authority of its efforts to enforce averages 
should be productive of even better results; and 

3. That a number of minor changes with respect to Apprentices, 
Semi-skilled Operators, etc. are called for and are embodied in these 
amendments to the Code in the new Article IV ; and 

4. That it seems desirable to extend to the relation between Job- 
bers and Contractors in markets other than New York City the 
jorovisions and practices governing these relations in the metropoli- 
tan area. The Code Authority is empowered in Article VI, 2 A of 
the Code to promulgate with the approval of the Administrator, 
regulations to carry into effect the purposes and intent of this 
Article. The appropriate action should, therefore, come from the 
Code Authority. 

In their final form these Amendments received the approval of 
the Industrial Advisory Board, the Labor Advisory Board, the 
Consumers' Advisory Board, the Legal Division and the Research 
and Planning Division of the National Recovery Administration. 

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 : 

(238) 



239 

We find that : 

(a) Tlu' Amendments to said Code and the Code as amended arc 
well desi<;ne(l to promote the })olicies and purposes of Title I of the 
National Industrial Recovery Act includin*:; the removal of obstruc- 
tions to the free flow of interstate and forei<^n commerce ■which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promotino; 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 gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, b}'' promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent 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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 

Administrative Ojficer. 
OcTOBEii 19, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COAT AND SUIT INDUSTRY 

Article II, Section 7 shall be deleted and the following shall be 
added as Article II, Section 7 : 

Article II — Definitions 

Section 7. Two areas are hereby established; The Eastern Area 
shall include the States of Maine, New Hampshire, Vermont, Massa- 
chusetts, Rhode Island, Connecticut, New York, Pennsylvania, New 
Jersey, Delaware, Maryland, Virginia, and West Virginia; the 
Western Area shall include all parts of the United States not 
included in the Eastern Area. 

Article IV, Section 2 and Section 4 shall be deleted and the fol- 
lowing shall be added as Article IV, Section 2 : 

Article IV — Wages 

Section 2. Eastern Area. — On and after the effective date, manu- 
facturing employees, for the Eastern Area, enumerated below, shall 
be paid not less than the following wage scale, for each full week's 
work : 

Per Week 
Coat and Suit Cutter $47.00 

Samplemakers 40. 00 

Examiners S6. 00 

Drapers 2Si. 00 

Begraders on Skirts 32.00 

Bushelmen who also do Pinning, Marking and general work on gar- 
ments 36. 00 

The employees in the crafts enumerated below shall work on a 
piece rate basis. They shall receive guaranteed minimum wages, not 
less than the following : 

Per Hour 

Jacket, Coat, Reefer & Dress Operators, Male $1. 00 

Jacket, Coat, Reefer & Dress Operators, Female . 90 

Skirt Operators, Male .90 

Skirt OiJerators, Female . 80 

Piece Tailors . 90 

Reefer, Jacket and Coat Finishers . 85 

Jacket, Coat & Reefer Finishers' Helpers .63 

Jacket, Coat, Reefer and Dress Upper Pressers 1. 00 

Jacket, Coat, Reefer and Dress Under Pressers .90 

Skirt Upper Pressers .90 

Skirt Under Pressers .85 

Skirt Rasters . 60 

Skirt Finishers . 60 

Machine Pressers 1. 30 

All manufacturers in the Eastern Area operating outside the limits 
of New York City shall operate on a scale of ten (10) percent less 
than provided herein for the Eastern Area. 

In fixing piece work rates on garments, the same shall be com- 
puted on a basis to yield to the workers of average skill of the vari- 
ous crafts for each hour of continuous work, the following amounts: 

(240) 



241 



Per Hour 

Jacket, Coat, Reefer & Dress Operators 1. 5U 

Skirt Operators 1. 40 

piece Tailors 1. 30 

Reefer, Jacket & Coat Finishers 1.25 

Jacket, Coiit & Reefer Finishers' Helpers 1.00 

Jacket, Coat «& Reefer «& Dress Upper I'ressers 1.35 

Jacket, Coat «& Reefer & Dress Under I'ressers 1. 25 

Skirt Upper I'ressers 1. 25 

Skirt Under Pressers 1. 25 

Skirt Busters . 80 

Skirt Finishers . 70 

Machine Pressers 1. 80 

Western Area. — On and after the effective date, manufacturing 
employees, for the Western Area, enumerated below, shall be paid 
not less than the following minimum wage scale, for each full week's 
work: 

Per Week 

Coat and Suit Cutters 41.00 

Semi-skilled Cutters 3U. 00 

Cloth and/or Lining Filers 33. 00 

Canvas Cutters 26. 00 

Sample Makers 40. 00 

Examiners 32. 50 

Apprentice Cutters : Employees may be classified as Apprentice 
Cutters for a period not to exceed twelve weeks, provided : 

(a) That such employees shall have had no previous experience 
in the industry; and 

(b) That they shall be paid at the following rates : 

For the first 4 weeks $22.00 per week 

For the second 4 weeks 23.00' per week 

For the third 4 weeks 25. 00 per week 

And thereafter at not less than the minimum rate set forth above 
for the craft in wdiich they are employed. 

The employees in the crafts enumerated below shall work on a 
piece-rate basis. They shall receive guaranteed minimum wages, not 
less than the following : 

Male per hour 

Jacket, Coat, Reefer & Dress Operators .85 

Skirt Operators . 75 

Jacket, Coat, Reefer & Dress Upper Pressers . 85 

Jacket, Coat, Reefer & Dress Under Pressers . 77 

Jacket, Coat, Reefer & Dress Part Pressers .05 

Jacket, Coat, Reefer Finishers . 75 

Apprentices in the above classification may be employed for a 
period not to exceed twelve weeks, provided : 

(a) That such employees shall have had no previous experience in 
the industry; and 

(b) That they shall be paid at the following rates : 





First 4 

weeks per 

hour 


Second 4 

weeks per 

hour 


Third 4 

weeks per 

hour 


Jacket, Coat, Reefer & Dress Operators and Jacket, Coat, Reefer & 
Dress Upper Pressers 


. 60 - fis 


76 


Skirt Operators and Jacket, Coat, Reefer & Dress Under Pressers 
Jacket, Coat, Reefer & Dress Finishers ..- . - 


.60 
.60 


.65 
.65 


.70 


Jackets, Coats, Reefer & Dress Part Pressers _ 


,6fi 







242 

and thereafter, at not less than the wage rate set herein for their 
respective crafts. 

Female per hour 

Jacket, Coat, Reefer & Dress Operators . 75 

Jacket, Coat, Reefer & Dress Operators (semi-skilled) .62 

Provided, however, that in any shop only one Female Semi-skilled 
Operator may be employed for every Female Skilled Operator. 

Skirt Operators . 70 

Lining Ironers . GO 

Jacket, Coat, Reefer & Dress Finishers . 63 

Jacket, Coat, Reefer Finishers" Helpers . 53 

Jacket, Coat, Reefer Skirt Buttonsewers . 53 

Apprentices in the above classifications may be employed for a 
period not to exceed twelve (12) weeks provided: 

(a) That such employees shall have had no previous experience 
in the industry ; and 

(b) That they shall be paid at the following rates : 





First 4 

weeks per 

hour 


Second 4 

weeks per 

hour 


Third 4 

weeks per 

hour 


Jacket, Coat, Reefer & Dress Operators and Skirt Operators and 


.47 

.47 
.47 


..53 
.53 
.50 


.60 


Jacket, Coat, Reefer & i3ress Operators (Semi-skilled) and Jacket, 


.58 


Jacket, Coat, Reefer Finishers' Helpsrs and Jacket, Coat, Reefer & 


.53 







and thereafter at not less than the watre rates set herein for their 
respective crafts. 

In fixing piece-work rates on garments, the same shall be computed 
on a basis to yield to the worker of average skill of the various 
crafts for each hour of continuous work the following amounts : 

Male per hour 

Jacket, Coat, Reefer & Dress Operators 1. 26 

Skirt Operators 1. 15 

Jacket, Coat, Reefer & Di'ess Upper Pressers 1.26 

Jacket, Coat, Reefer & Dress Under Pressers 1. 15 

Jacket, Coat, Reefer & Dress Part Pressers .92 

Jacket, Coat, Reefer Finishers 1.10 

Female per hour 

Jacket, Coat, Reefer & Dress Operators .95 

Jacket, Coat, Reefer & Dress Operators (Semi-skilled) .88 

Skirt Operators . 90 

Lining Ironers . 82 

Jacket, Coat, Reefer & Dress Finishers . 81 

Jacket, Coat, Reefer & Dress Finishers' Helpers . 70 

Jacket, Coat, Reefer & Skirt Buttonsewers . 70 

Approved Code No. 5 — Amendment No. 2. 
Registry No. 215-1-10. 



Approved Code No. 9 — Amendment No. 24 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on October 19, 1934 



ORDER 



AppRO^^NG Amendment of Code of Fair Competition for the 
Lumber and Timber Products Industry 

An application havino; been duly made pursuant to and in full 
compliance with the provisions of Title I, of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the 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, 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 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. 

National Industrial Recovery Board, 
By G. A. Lynch, AdTninistrative Officer, 

Approval recommended : 
W. P. Ellis, 

Division Administrator. 



Washington, D. C, 

October 19, 1931^. 



(243) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : On August 19, 1933, you approved a Code of Fair Competi- 
tion for the Lumber and Timber Products Industries. 

This is a report on Lumber Code Authority Amendment Number 
73, a public hearing on which was conducted at the Mayflower Hotel, 
Washington, D. C, on July 31, 1934, in accordance with the provi- 
sions of the National Industrial Recovery Act. 

The Amendment contemplates the deletion of Article XV of the 
Lumber and Timber Products Industries Code. 

At the hearing it developed that due to previous amendments to 
the Code, the Article is unnecessary, and that enforcement under the 
Code would be simplified, and the Code itself and other provisions 
of the Code would be clarified by deletion of the Article in 
question. 

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 ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by including 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- 
tions of productions (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 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. 

(244) 



245 

(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 a<;ainst them, 

(f) Those en<ia<:;ed 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 
to the Code. 

For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Ojfficer. 
October 19, 1934. 



AMENDMENTS TO CODE OF FAIR COMPETITION FOR 
THE LUMBER AND TIMBER PRODUCTS INDUSTRY 

Amend the Code of Fair Competition for the Lumber and Tim- 
ber Products Industries as follows: 

Delete therefrom Article XV and renumber Articles XVI to 
XIX, inclusive, as Articles XV to XVIII, inclusive. 

Approved Code No. 9-— Amendirfent No. 24. 
Registry No. 313-1-06. 

(246) 



Approved Code No. 46 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOTOR VEHICLE RETAILING TRADE 

As Approved on October 10, 1934 



ORDER 



Appro\ing Amendment of Code of Fair Competition for the Motor 
Vehicle Retailing Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Motor Vehicle Retail- 
ing 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, 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 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 of said Code 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; provided, however, that pending the designation of an 
impartial agency or person as set forth in Section 1 of this amend- 
ment, the Compliance Division of the National Recovery Adminis- 
tration be, and is hereby designated as the agency to determine 
whether the wage and/or hour and/or labor provisions of this Code 
have been violated so as to make operative the provisions of sub- 
section (a), (b) and (c) of Section 1 of this amendment; and pro- 
vided further, that amounts paid or collected in all instances wherein 
the provisions of subsections (d) and (e) of Section 1 of this amend- 
ment become operative in any of the several code states established 

99613°— 34 10 ' (247) 



248 

as set forth in Title A of this Article V, shall be distributed in the 
code state where the violation occurred in accordance with the method 
prescribed in Section 2 of this amendment. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative 0-fJicer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator, 

Washington, D. C, 

October 19, 193J^ 



REPORT TO THE PRESIDENT 

The Pkesidknt, 

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 
Motor Vehicle Retailino; Trade, submitted by the National Control 
Coumiittee on behalf of the Emerfrency National Connnittee. 

The purpose and effect of the amendment are to permit such com- 
mittees under the Code, who qualify with the recpiirements contained 
in the amendment, to endeavor to secure compliance with the pro- 
visions of the Code without immediate recourse to the Federal chan- 
nels of law enforcement as provided for in the National Industrial 
Recovery Act. 

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 genei'al 
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 re- 
strictions of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section T and 
Subsection (b) of Section 10 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. 

(249) 



250 

(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, the Board has approved this amend- 
ment. 

For the National Industrial Recovery Board : 

G. A. Lynch, 
Admi7iistrative Officer, 
October 19. 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
MOTOR VEHICLE RETAILING TRADE 

To include in and add to, Article V, the following to be known as 
Title C — Liquidated Damages. 

Title C — Liquidated Damages 

Recognizing that the violation by a member of any provision of 
this code will disrupt the normal course of fair competition in the 
trade and cause serious damage to others, and that it will be impos- 
sible accurately to determine the amount of such damage, it is hereby 
provided that those members who may desire to do so may enter 
into an agreement among themselves embodying the following pro- 
visions : 

1. Each member violating any provision of this code shall pay to 
the Treasurer of the Code Authority, as an individual and not as 
Treasurer, in trust, as and for liquidated damages, upon determina- 
tion of violation by the Administrator, or any impartial agency or 
person nominated by the Code Authority or designated by the as- 
senters 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 with 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 regular 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; 

(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 trade, an amount equal to 25 percent 
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, whichever is the higher ; 

(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 trade, One Hundred Dollars. 

2. All amounts so paid to or collected by the Treasurer of the Code 
Authority, under the provisions of this Article, shall be applied by 
him as follows : First, if the violation shall have been of a labor pro- 
vision 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 

(251) 



252 

than a labor provision, the damages ari.^ingtiherefrom shall be utilized 
to defray proper expenses of code administration, and the balance, 
if any, remaining in the hands of the Treasurer shall be distributed 
semi-annually among members of the trade who have 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, on the 
basis of the most recent assessment made against members of the 
trade for the expense of code administration. 

3. 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 other right or privilege under the Code. By so assenting, each 
member agrees with every other member and the Treasurer, in- 
dividually (1) that violation of a code provision shall breach this 
agreement and shall render the violator liable for the payment of 
liquidated damages as herein provided, (2) all rights and causes 
of action arising hereunder are assigned to the Treasurer, individu- 
ally 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 damages found due hereunder. 

4. The Code Authority may waive liability for payment of liqui- 
dated damages for any violation it finds to have been innocently made 
and resulting in no material injury. 

5. The Treasurer of the Code Authority, as an individual, and 
not as Treasurer, by accepting office, accepts the trust established 
by this contract and agrees to perform the duties of Trustee here- 
under until his successor in office may have been appointed. 

6. 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 trade from any contractual or 
legal obligation arising out of this code or of the Act or otherwise; 
nor shall violation of this agreement by an assenting member be 
deemed a violation of the code, so as to subject the violator to any 
consequency 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. 46 — Amendment No. 3. 
Registry No. 1403-32. 



Approved Code No. 79 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

NOVELTY CURTAINS, DRAPERIES, BEDSPREADS 
AND NOVELTY PILLOWS INDUSTRY 

As Approved on October 19, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Novelty Curtains, Draperies, Bedspreads and Novelty Pillows 
Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Novelty Curtains, 
Draperies, Bedspreads and Novelty Pillows Industry and an oppor- 
tunity to file objections thereon having been given and the annexed 
report on said 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 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 
amended to include an approval of said Code in its entirety as 
amended. 

National Industrial Recovery Board. 
By G. A. Lynch, Administrative Ofjicer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator, 

Washington, D. C, 

October 19, 19SJ^. 

(253) 



REPORT TO THE PRESIDENT 

The President, 

TKe White House. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Novelty Curtains, Draperies, Bedspreads and Nov- 
elty Pillows Manufacturino; Industry. The amendment which is 
attached was presented by the Code Authority. 

Notice of opportunity to be heard was given and no objections 
have been received. 

Section 5 of Article VI is amended to provide that official NRA 
labels shall be used on all the products of the Industry. 

FINDINGS 

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 
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 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 imj^roving standards of labor, and by otherwise re- 
habilitating industry. 

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

(254) 



255 

(f ) Those enrrnfrod 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. 

For the National Industrial llecovery Board : 

G. A, Lynch, 

^ Adinirdstrative Officer, 

October 19, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 
THE NOVELTY CURTAINS, DRAPERIES, BEDSPREADS 
AND NOVELTY PILLOWS INDUSTRY 

Section 5 of Article VI shall be amended to read as follows : 
" Subject to all rules, regulations and orders concerning the issu- 
ance and/or use of labels heretofore or hereafter prescribed by the 
National Industrial Recovery Board, all members of the Industry 
shall affix to all their products official labels issued by the Code 
Authority bearing thereon the NRA insignia." 

Approved Code No. 79 — Amendment No. 3. 
Registry No. 226-1-06. 

(256) 



Approved Code No. 285 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RAILWAY CAR BUILDING INDUSTRY 

As Approved on October 19, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Railway Car Building Industry 

WHEREAS, the Code of Fair Competition for the Railway Car 
Building Industry was approved by the Administrator for Indus- 
trial Recovery the 16th day of February, 1934, upon certain condi- 
tions sti|nilated in the Order of Approval ; and 

WHEREAS, one of such conditions was that the words " and 
their respective staffs", as contained in Article III, Section 2 (a), 
and Article IV, Section 5, be deleted therefrom ; and 

WHEREAS, it appears to the satisfaction of the National Indus- 
trial Recovery Board that the said condition should be amended ; 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Inclustrial Recovery Board, pursuant to the 
authority vested in it by Executive Orders of the President, includ- 
ing Executive Order No. 6859, dated September 27, 1934, and other- 
wise, does hereby order that the said condition of the Order of 
Approval of the said Code be as follows : 

That the words " and their respective staffs ", as contained in 
Article III, Section 2 (a), and Article IV, Section 5, be deleted 
therefrom, and that there should be substituted therefor the words 
" and their immediate staffs ". 

National Industrial Reco\t.ry Board, 
By G. A. Lynch, Ad7ninistrative Ofjicer. 

Approval recommended : 
Barton W. Murray, 

Division A dministrator. 

Washington, D. C, 

October' 19, 193^. 

(257) 



REPOET TO THE PRESIDENT 

The President, 

The White Hovise. 

Sir : The Code of Fair Competition for the Railway Car Building 
Industry was approved on February 16, 1934, In the Order of 
Approval the words " and their respective staffs ", as contained in 
Article III, Section 2 (a) and Article IV, Section 5, were deleted 
from the Code. In assenting to the Code as amended by the Order 
of Approval above mentioned, the Code Committee of the American 
Railway Car Institute assented to the substitution of the words " and 
their immediate staffs " for the words " and their respective staffs " 
as they appeared in Article III, Section 2 (a) and Article IV, Sec- 
tion 5. This assent was recognized by the Administrator for Indus- 
trial Recovery, but in the preparation of the Order the words " and 
their immediate staffs " were omitted. The attached Order has been 
prepared to correct this omission. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to the Order approv- 
ing 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 Order approving said Code and the 
Code as amended are well designed to promote the policies and pur- 
poses of Title I of the National Industrial Recovery Act including 
the removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof, and will pro- 
vide for the general welfare by promoting the organization of indus- 
try for the purpose of cooperative action of labor and management 
under adequate governmental sanction and supervision, by eliminat- 
ing unfair competitive practices by promoting the fullest possible 
utilization of the present productive capacity of industry, 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) The amendment to the Order approving the Code and the 
Code as amended comply in all respects with the pertinent provi- 
sions of said Title of said Act, including Avithout limitation subsec- 
tion (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 to the Order approving the Code and the 
Code as amended are not designed to and will not permit monopolies 
or monopolistic practices. 

(258) 



259 

(e) The amendment to the Order approving the Code and the 
Code as amended are not (lesi»;ned to and will not eliminate or op- 
press small enterprises and will not operate to discriminate against 
them. 

(f ) Those enfjafjed in other steps of the economic process have not 
been dei)rived of the right to be heard prior to approval of said 
amendment. 

For these reasons, therefore, this Order has been approved. 
For the National Industrial liecovery Board : 

G. A. Lynch, 
AdmAnistrative Officer, 

OCTOHER 19, 1934. 

Approved Code No. 2S5 — Amendment No. 'Z, 
Registry No. 1414-05. 



i 



Approved Code No. 383 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WOOD TURNING AND SHAPING INDUSTRIES 

As Approved on October 19, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Wood 
Turning and Shaping Industries 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Rei'overy Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Wood Turning and 
Shaping Industries, and due consideration having been given thereon 
and the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President : 

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 sa^d amendment 
complies in all respects with the i>ertinent provisions and will pro- 
mote the policies and purposes of said Title of said Act; and does 
hereby order that said amendment be and it is hereby approved. 

National Industrial Recovery Board, 
By G. A. Lynch, Adtninistrative Officer. 

Approval recommended: 
W. P. Ellis, 

Acting Division Adnvinistrator. 

Washington, D. C, 

Octoher 19, 1931^. 

(261) 



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 Wood Turning and Shaping Industries, wliich has 
been submitted in accordance with Executive Order No. 6678. 

Tliis amendment enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of 
the code and to maintain the standards of fair competition 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 amendment. 

The Deputy Administrator in his final report to us on said amend- 
ment of 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 
obstructions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(e) The amendment and the code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(262) 



263 

3 engaged in other s< 

^ ed of thpi rio-Vif fr> 

amendment. 



(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 



LilOlHaillt-llL, 

For the above reasons this amendment has been approved. 
t or the National Industrial Recovery Board : 

G. A. Lynch, 

October 19, 1934. Administrative O^cer. 



89613°— 34 u 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WOOD TURNING AND SHAPING INDUSTRIES 

Delete_ present Article VI, Section 6, Part A, and substitute 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 estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized : 

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

(b) To submit to the 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 purj^oses, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of the Industry; 

(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine and 
obtain equitable contributions as above set forth b}^ 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 hj 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 
l3e entitled to participate in the selection of members of the Code 
Authority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

3. The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in 
its approved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
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 ajDproved. 

Approved Code No. 383 — Amendment No. 1. 
Registry No. 330-02. 

»(264) 



Approved Code No. 115 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WOOD PLUG INDUSTRY 

As Approved on October 20, 1934 



ORDEE 



AppRO^^xo A^fexdmext of Code of Fair Competttton for the 
Wood Plug 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 the Code of Fair Competition for the Wood Plug 
Industry, and due consideration having been given thereon and 
the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President : 

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 
by reference said annexed report and does find that said amendment 
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 amendment be and it is hereby approved, 
and that the previous approval of said code is hereby amended to 
include an approval of said code in its entirety as amended, such 
approval and such amendment to take elfect 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 Na- 
tional Industrial Recovery Board issues a subsequent order to that 
efl'ect. 

National Industrial RECO^^ERY Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

October W, 193 J^. 

(265) 



REPORT TO THE PRESIDENT 

The President, 

The White Hotuse, 

Sir : This is a report on the amendment to the Code of Fair Com- 
petition for the Wood Plug Industry, which has been submitted in 
accordance with Executive Order No. 6678. 

This amendment enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of the 
code and to maintain the standards of fair competition established 
by this code. It also enables the Code Authority to submit an item- 
ized budget, and an equitable basis upon which the funds necessary 
to support such budget shall be contributed by the members of the 
industry. Such contributions are made mandatory by this amend- 
ment. 

The Deputy Administrator in his final report to us on said amend- 
ment of 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 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 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 consummation of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion subsection (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 dei)rived of the right to be heard prior to approval of said 
amendment. 

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adrmnistrati've Ofjiceit\ 
October 20, 1934. 

(260) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
WOOD PLUG INDUSTRY 

Delete subsection (e) of Section 2, Article VI, and insert in lieu 
thereof the following: 

Paragraph 1. — 

It being found necessary in order to support the administration 
of this Code and to maintain the standards of fair competition estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized: 

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

(b) To submit to the 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 have been 
approved by the said Board, 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 thereior in its 
own name. 

Paragraph 2 — 

Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the 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 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. 

Paragraph 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 National 
Industrial Recovery Board ; and no subsequent budget shall con- 
tain any deficiency item for expenditures in excess of prior budget 
estimates except those which the said Board shall have so approved, 

Aiiproved Code No. 115 — Amendment No. 1. 
Registry No. 329-02. 

(267) 



Approved Code No. 8 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LEGITIMATE FULL LENGTH DRAMATIC AND 
MUSICAL THEATRICAL INDUSTRY 

As Approved on October 22, 1934 



ORDER 



Amended Code of Fair Competition for the Legitimate Full 
Length Dramatic and Musical Theatrical Industry 

An application havinfj been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an Amended 
Code of Fair Competition for the Legitimate Full Leng^th Dramatic 
and Musical Theatrical Industry, and hearing having been duly held 
thereon and the annexed report on said Amended Code, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW. THEREFORE, on behalf of the President of the United 
States, 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 Amended 
Code complies in all respects with the pertinent provisions and will 
promote the policies and purposes of said Title of said Act; and does 
hereby order that said Amended Code of Fair Competition be and 
it is hereby approved; superseding, upon its effective date, the Code 
of Fair Competition for said Industry approved upon the 16th day 
of August, 1933 ; subject to the following condition : 

(1) The following named persons are hereby appointed to serve 
without expense to the Administration as representatives of the 
interests of the theatre managers, the theatre ticket brokers and the 
consumers, to study the operation and effect of Article VIII, of said 
Amended Code; to determine whether said provisions fully effectuate 
the purpose contained in said Article; to receive and study all recom- 
mendations and amendments designed to effectuate said Article; and 
to make a report and reconnnendations based on the results of its 



270 

investigations to the National Industrial Recovery Board within 
sixty (60) days of the date hereof: 

Lee Shubert, 225 West 44th Street, New York, N. Y. 

Brock Pemberton, 251 West 45th Street, New York, N. Y. 

William McBride, 1493 Broadway, New York, N. Y. 

Morris Rosenstien, 229 West 42nd Street, New York, N. Y. 

Paul Shields, 44 Wall Street, New York, N. Y. 

Philip Wittenberg, 70 West 40th Street, New York, N. Y. 
National Industrial Recovery Board, 
By S. Clay Williams, Chairman, 

Approval recommended : 
Sol a. Rosenblatt, 

Division Administrator, 

Washington, D. C, 

October 22, 1921^, 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

SiK : This is the report of the Natioruil Industrial Recovery Board 
on tlie application for public hearing on a Code of Fair Competition 
for the Le<>;itiniate Full Length Dramatic and Musical Theatrical 
Industry, conducted in the Carlton Room of the Carlton Hotel in 
Washington, D. C. on March 28, 29 and April 10, 1934. Every per- 
son who requested an appearance was freely heard in accordance 
with statutory and regulatory requirements set forth in the National 
Industrial Recovery Act. 

This Code on the eiiective date will supersede the Code for the 
named Industry wdiich was approved by you on August 16, 1933. 

The National Association of the Legitimate Theatre, Incorporated, 
and the League of New York Theatres, Incorporated, claim to repre- 
sent more than ninety-five percent of the employers managing or 
owning legitimate theatres or managing or producing full length 
dramatic or musical plays. The National Dramatic Stock Associa- 
tion claims to have on its roster more than sixty percent of the per- 
sons engaged in the management or production of full length 
dramatic or musical stock plays. 

Resume of Code PR0\^SI0NS 

This Code which will supersede the Code approved August 16, 
19&3, serves the interest of labor by an upward revision of minimum 
wages and the insertion of maximum hour provisions for employees 
not heretofore embraced, will minimize explanations and interpre- 
tations and will aid any plan of effectuating self government within 
the Industry. 

The following is an analysis of the various provisions of this Code 
as compared to the Code approved August 16, 1933, which it will 
supersede : 

HOURS 

For the first time in the history of the legitimate theatre there is 
a limit to the rehearsal period. No actor or member of the chorus 
is permitted to rehearse more than eight consecutive hours a day 
or seven hours a day, respectively. The rehearsal provision is re- 
laxed nevertheless during the seven days preceding the first public 
performance. 

Watchmen, clerical and office employees and scenic artists are now 
limited to a maximum hour work week and protected by a minimum 
wage. All labor employed in the Industry is now protected by 
minimum wages and maximum hours. 

(271) 



272 

WAGES 

There has been an upward revision of minimum wages paid to 
actors who have had less than two years' theatrical experience. 
Some of the actors in this classification will receive seventeen and 
two-thirds percent increase in wages even if they are paid only the 
minimum. 

Classification of minimum wages in relation to the size of the city 
in which the stock company production is carried on is now elimi- 
nated. 

Compan}^ managers receive a twenty percent increase in the mini- 
mum wage along with stock company treasurers, while stock company 
managers receive a thirty-seven and one-half percent increase in the 
minimum wage. 

The minimum hourly rate for an usher, ticket taker, scrub woman, 
theatre attendant, porter or any other employee is increased by 
twenty-five percent. This provision also demands that time and 
one-half the hourly rate of pay be given to the above named em- 
ployees for every hour worked in excess of seven hours in any one 
day. 

Employees working in a cooperative production are benefited by 
a provision which guarantees the same minimum wage specified for 
employees working in a regular production. 

GENERAL LABOR PROVISIONS 

It is provided that where more stringent requirements as to the 
age of employees and working conditions are provided for by exist- 
ing State and Federal statute, such statute shall supersede that 
section in the Code. 

An employee is protected from being dismissed or demoted by 
reason of making a complaint or giving evidence with respect to an 
alleged violation of the Code. 

Employers are prohibited from withholding wages and exacting 
fines. 

CODE AUTHORITY 

The interest of the employee is very well protected by Code Au- 
thority representation. It is specifically provided that with a Code 
Authority of twelve, six shall represent the various labor groups 
within the Industry. In addition to the membership of twelve on 
the Code Authority, it is also provided that there may be appointed 
two members whose duty it shall be to safeguard the interests of the 
consumer and an Administration Member. 

In order to administer the provisions of the Code more effectively 
it is provided that regional code authorities may be organized. 

TRADE PRACTICE RULES 

The Trade Practice Rules were clarified to minimize explanations 
and interpretations of provisions. 



273 

TICKET I'KOVISIONS 

It is rocofjnizod that some of tlio nu'tliods and practices employed 
in the distribution and sale of theatre tickets have heretofore resulted 
in evils and abuses. After nioiiths of study, ticket provisions wliich 
should eliminate these abuses have been inc()ri)orated in the Code. 

As a prereiiuisite for handliu"; tickets under the Code, a ticket 
a<^ent must be licensed by the Coile Authority. No ticket agent may 
use any subterfuge in his business dealings with members of the 
Industry and the public. Each ticket agent must also post a bond 
before the license is granted and the bond is subject to forfeiture if 
after due hearing the Code Authority should find the agent guilty 
of an infraction. The ruling of the Code Authority is, however, sub- 
ject to the disapproval of the National Industrial liecovery Board. 
It is provided as before that each producer be required to keep 
twenty-five percent of his tickets in the box office for public sale. 
No agency is allowed to charge more than seventy-five cents in excess 
of the regular or box office price of tickets nor can any agency sell 
the tickets of a jjroducer who has been found guilty of violating the 
Code ticket provisions. 

FINDINGS 

The Deputy Administrator in his final report on said Amendments 
to said Code having found as herein set forth and on the basis of all 
the proceedings in this matter the National Industrial Recovery 
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 liecovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce wdiich tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said title of said act, including without limitation 
subsection (a) of section 3, subsection (a) of section 7 and subsec- 
tion (b) of section 10 thereof. 

(c) The National Association of the Legitimate Theatre, Incor- 
porated and the League of New York Theatres, Incorporated were 
and are industrial associations, truly representative of the afore- 
said Industry and that said associations imposed and imposes no 
inequitable restrictions on admission to membership therein and have 
consented to this Amendment. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 



274 

(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 gteps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
amendment. 

For these reasons this amended Code has been approved. 
For the National Industrial Recovery Board : 

S. Clay Williams, 

Chair7nan. 
October 22, 1934:. 



AMENDED CODE OF FAIR COMPETITION FOR THE 
LECUTIMATE FULL LENGTH DRAMATIC AND MU- 
SICAL THEATRICAL INDUSTRY 

Article I — Pukposes 

To effect the policies of Title I of the National Industrial Re- 
covery Act, this Code is established as a Code of Fair Competition 
for the Legitimate Full Length Dramatic and Musical Theatrical 
Industry, and its provisions shall be the standard of fair competi- 
tion for such Industry and be binding upon every member thereof, 
superseding the Code of Fair Competition for this Industry ap- 
proved on the 16th day of August, 1933. 

Article II — Definitions 

1. The term " Legitimate Full Length Dramatic and Musical The- 
atrical Industry ", or " Industry ", as used herein, includes all activi- 
ties normally related to the production and presentation of full 
length theatrical performances of dramatic and musical plays and 
does not include grand opera, ballet, vaudeville, presentation, ama- 
teur theatre, " rep " show, " tab " show, tent show, wagon show, 
Chautauqua, showboat, burlesque, or motion or sound picture per- 
formances. 

2. The term " stock " or " stock companies " as used herein include 
(a) legitimate theatrical performances of dramatic or musical plays 
previously produced which are changed at frequent regular intervals 
and rendered by a resident company of actors; and, (b) the occa- 
sional performance for a limitecl time of plays not previously pro- 
duced; and, (c) the interchange between two or more theatres of 
stock or stock companies commonly known in the Industry as " cir 
cuit " or " rotary stock." 

3. The term " member of the Industry " includes but without lim- 
itation any individual, partnership, association, corporation or other 
form of enterprise engaged in the management or ownership of 
theatres presenting, or the management of, or production of, full 
length dramatic or musical plays, whether so engaged directly or 
indirectly or through agents. 

4. The term " employee " as used herein includes any and all per- 
sons engaged in the Industry, however and by whomsoever 
compensated. 

5. The term " employer " as used herein, includes anyone by whom 
such emploj^ee is compensated or employed, 

6. Actors shall be classed as Juniors and Seniors. An actor shall 
be classed as "Junior" for two years after his firet public perform- 
ance in a legitimate or stock production; thereafter such actor shall 
be classed as " Senior ". 

(275) 



276 

7. The terms " President ", "Act ", and " Board " as used herein 
mean respectively the President of the United States, Title I of the 
National Industrial Recovery Act, and the National Industrial 
Recovery Board. 

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

Article III — Hours 

1. No actor or member of the chorus shall be permitted to ^York 
in excess of forty (40) hours in any one week except as hereinafter 
otherwise provided. 

2. No actor in a dramatic play shall be permitted to rehearse during 
rehearsal period more than a maximmn of eight (8) hours a day, 
one (1) hour of which shall be free time for lunch or dinner. The 
eight (8) hours shall be consecutive and shall commence Avith the 
time of rehearsal call for each actor. The limitations imposed by 
this section shall not apply during the last seven (7) days of re- 
hearsal nor after the first public performance. Employers shall 
not abuse this rehearsal privilege. 

3. No actor or member of the chorus in a musical play shall be 
permitted to rehearse during rehearsal period more than a maximum 
of seven (7) hours a day in any period of ten (10) consecutive 
hours commencing with the time of rehearsal call for each actor or 
member of the chorus. The limitations imposed by this section shall 
not apply during the last seven (7) days of rehearsal nor after the 
first public performance. Employers shall not abuse this rehearsal 
privilege. 

4. No theatrical stage employee, motion picture machine operator, 
electrical worker, engineer, fireman, porter, oiler, or house treasurer 
shall be permitted to work in excess of forty (40) hours in any one 
week; provided, however, the maximum hours herein established 
shall not apply to members of road crews, except that theatrical 
wardrobe attendants shall not be permitted to work in excess of 
forty-eight (48) hours in any one (1) week, nor in excess of eight 
(8) hours in any twenty-four (24) hour period; and further pro- 
vided that where, under any labor agreement between any member 
of the Industry and any Union or its locals, heretofore entered into, 
the hours of labor as of July 1, 1933, were less than the maximmn 
hours per week provided in this section, the hours provided in such 
agreement shall be the maximum. 

5. No watchman shall be permitted to work in excess of fifty-six 
(56) hours in any one (1) week nor more than six (G) days in any 
one (1) week. 

6. No person employed in clerical or office work who is paid less 
than thirty-five dollars ($35.00) per week shall be permitted to work 
in excess of forty (40) hours in any one (1) week or eight (8) hours 
in any (me (1) day, provided, however, that in case of special neces- 
sity tlie maxinnun hours herein specified may be exceeded, provided 
that one and one-half (11/2) times his normal rate of pay be paid 
each employee for all the time worked in excess of forty (40) hours 
in any one week or eight (B>) hours in any one (1) day. 



277 

7. No scenic artist shall be permittorl to work in excess ot thirty- 
two (32) hours in any one (1) week. This Article shall not apply 
to charirenien who are paid seventy-five dollars ($75.00) or more 
per week. 

8. No usher, ticket taker, scrubwoman, theatre attendant, or any 
other employee not otherwise specifically provided for in this Article, 
shall be permitted to work in excess of thirty-live (35) hours in any 
one (1) week or seven (7) hours in any one (1) day; provided, how- 
ever, that in no case shall an employee be permitted to work in ex- 
cess of the maxinmm hours herein provided except that he be paid 
one and one-half times his normal rate of pay for all hours worked 
in excess of seven (7) hours in any one (1) day and thirty-five (35) 
hours in any one (1) week. 

9. Si)e('ial resident summer season companies giving performances 
between the 15th of June and the 15th of September in theatres, 
barns, halls, or other buildings which are not situated in villages, 
towns or cities of more than 30,000 inhabitants and which do not by 
their location come into direct competition with a legitimate stock 
company or legitimate theatre open in the summer, are excepted from 
the provisions of this Article. 

10. By reason of the professional character of their employment, 
the maximum hours of employment of employees performing the 
duties of musicians shall as heretofore be established by prevailing 
labor agreements, understandings or practices. 

Article IV — Wages 

1. No Senior Actor shall be paid less than the following rates: 
where the prevailing top box office price of the theatrical attraction 
is four dollars and fifty cents ($4.50) or more, the minimum wage 
shall be fifty dollars ($50.00) per week; where the prevailing top box 
office price of the theatrical attraction is four dollars ($4.00) or 
more but less than four dollars and fifty cents ($4.50), the minimum 
wage shall be forty-five dollars ($45.00) per week; where the prevail- 
ing top box office price of the theatrical attraction is more than three 
dollars ($3.00) but less than four dollars ($4.00), the minimum wage 
shall be forty-two dollars and fifty cents ($42.50) per week; where 
the prevailing top box office price of the theatrical attraction is three 
dollars ($3.00) or less, the minimum wage shall be forty dollars 
($40.00) per week. 

2. No Junior Actor shall be paid less than the following rates: 
where the prevailing top box office price of the theatrical attraction 
is four dollars ($4.00) or more, the minimum wage shall be thirty 
dollars ($30.00) per week; where the prevailing top box office price 
of the theatrical attraction is more than three dollars ($3.00) but 
less than four dollars ($4.00), the minimum wage shall be twenty- 
seven dollars and fifty cents ($27.50) per week; where the prevailing 
top box office price of the theatrical attraction is three dollars ($3.00) 
or less, the minimum wage shall be twenty-five dollars ($25.00) per 
week. 

3. No member of the chorus in a musical production shall be paid 
less than thirty dollars ($30.00) per week, nor less than thirty-five 
dollars ($35.00) per week when engaged by a traveling company. 



278 

4. An actor or chorus member in a stock company production shall 
not be paid less than the rate as hereafter in this section provided : 

(a) Actor. — Not less than six actors regularly employed in the 
stock company shall each be paid not less than forty dollars ($40.00) 
per week; other actors, excluding local jobbers not Senior Actors, 
shall be paid a minimum wage of not less than twenty-five dollars 
($25.00) per week. Senior Actor local jobbers shall be paid not less 
than forty dollars ($40.00) per week. 

(b) Gtiorus. — In a company operating for any time during the 
period from May 31 to Labor Day in any year, no member of the 
chorus employed by a stock company shall be paid less than twenty- 
five dollars ($25.00) per week where the highest admission price is 
one dollar ($1.00) or less; and thirty dollars ($30.00) where the 
highest admission price is more than one dollar ($1.00) ; and in a 
company operating during any other period in the year, thirty dol- 
lars ($30.00) per week where the highest admission price is one dollar 
($1.00) or less; and thirty-five dollars ($35.00) per week where the 
highest admission price is more than one dollar ($1.00). 

5. At the end of two weeks of rehearsal, a full week's salary shall 
be paid as an advance to all actors and members of the chorus en- 
gaged at a wage of one hundred dollars ($100.00) a week or less; 
and for the first and second weeks of production half salaries shall 
be paid to such actors and members of the chorus. 

6. No theatrical stage employee, motion picture machine operator, 
electrical worker, engineer, fireman, oiler, or any other skilled me- 
chanic or theatrical wardrobe attendant shall be paid less than at the 
rate of thirty dollars ($30.00) per week for eight (8) performances, 
or forty (40) hours per week. 

Where, under any labor agreement between any member of the 
Industry and any union or its locals, heretofore entered into, the 
wages as of July 1, 1933, were more than the minimum wages per 
week provided in this section, the wages provided in such agreement 
shall be the minimum. 

7. No company manager shall be paid less than fifty dollars 
($50.00) per week and no house treasurer shall be paid less than forty 
dollars ($40.00) per week. When engaged with a stock company, no 
company manager shall be paid less than forty dollars ($40.00) per 
week and no house treasurer shall be paid less than thirty dollars 
($30.00) per week. 

8. No watchman shall be paid less than thirty cents (300) per hour. 

9. No usher, ticket taker, scrubwoman, theatre attendant, porter, 
or any other employee not otherwise specifically provided for in this 
Article, shall be paid less than forty cents (400) per hour. 

10. No press representative stationed in any particular locality 
shall be paid less than fifty dollars ($50.00) per week and no traveling 
press representative shall be paid less than seventy-five dollars 
($75.00) per week. No press representative of a stock company shall 
be paid less than twenty-five dollars ($25.00) per week for rendition 
of exclusive services to the employer. 

11. No scenic artist shall be paid less than two dollars and twenty- 
five cents ($2.25) per hour. 

12. Special resident summer season companies giving perform- 
ances between the 15th of June ajid the 15th of September in thea- 



k 



279 

tres, bams, halls, or other buildino;s which are situated in villages, 
towns or cities of less than 8(),()()0 inliabitants and which do not 
by their location come into direct competition with a legitimate stock 
compan}^ or legitimate theatre open in the summer, are excepted from 
the operation of this Article. 

13. In all cooperative productions the guaranteed minimum wages 
for all employees shall be those prescribed in this Code. 

14. By reason of the professional character of their employment, 
the minimum wage of employment of employees performing the 
duties of nuisicians shall as heretofore be established by prevailing 
labor agreements, understandings or practices. 

Article V — General Labor Provisions 

1. No person under sixteen (IG) years of age shall be employed 
in the Industry, provided, however, that with the consent of the 
proper Governmental authority an actor under the age of sixteen 
(16) years may be engaged to fill a role especially written for a cliild 
actor or to fill a part requiring the services of a child actor. In any 
State any employer shall be deemed to have complied with this ]iro- 
vision as to age if he shall have on file a certificate or permit, duly 
signed by the authority in such State empowered to issue employ- 
ment or age certificates or permits showing that the employee is of 
the required age. No person under eighteen (18) years of age shall 
be employed at operations or occupations wdiich are hazardous in 
nature or dangerous to health. The Code Authority shall within 
ninety (90) days from the effective date of this Code submit to the 
Board a list of operations or occupations which are hazardous in 
nature or dangerous to health. 

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

(b) No employee and no one seeking employment shall be required 
as a condition of 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. 

3. There are a number of rules and regulations presently exist- 
ing in respective or collective agreements between the employers and 
their organized employees. The employers and employees pledge 
themselves to work for a readjustment of any and all conditions or 
rules or regulations which prove either to result in prohibitive pro- 
duction cost or in any loss of employment among all the employees 
of the employers. 

4. Each employer shall provide for the safety and health of his 
employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the Code 
Authority to the Board wathin six (6) months after the effective 

99013° — 34 12 



280 

date of the Code. When such standards are approved by the Board, 
they shall become part of this Code and shall be enforceable as such. 

5. No provisions in this Code shall supersede any State or Federal 
Law which imposes on employers more stringent requirements as to 
age of emjDloyees, wages, hours of work, or as to safety, health, 
sanitary or general working conditions, or insurance, or fire .protec- 
tion, than are imposed by this Code. 

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

7. All employers shall post and keep posted complete copies of this 
Code in conspicuous places readily accessible to employees in the 
course of their employment. Every member of the Industry shall 
comply with all rules and regulations relative to the posting of pro- 
visions of Codes of Fair Competition which may from time to time 
be prescribed by the Board. 

8. An employer shall make payment of all wages due in lawful 
currency. Such wages and salaries shall be exempt from any 
charges, fines or deductions, or payments for pensions, insurance or 
sick benefits other than those voluntarily paid by the wage earner 
or required by law. No employer shall withhold wages. No em- 
ployer or his agents shall accept any rebates directly or indirectly 
on wages or salaries. 

9. Employers shall engage actors, except where they themselves 
employ such actors directly, only through agencies recognized by, 
and acceptable to, the Actor's Equity Association. 

Article VI — Organization, Powers and Duties of the Code 

Authority 

organization and constitution 

Section 1. A Code Authority is hereby established consisting of 
twelve (12) or more persons to be selected in the following manner: 

The National Association of the Legitimate Theatre, Inc., shall 
select three (3) duly authorized representatives; the League of 
New York Theatres, Inc., shall select three (3) duly authorized 
representatives. When any question involving stock production is 
to be considered, the National Dramatic Stock Association may have 
two (2) representatives who shall replace, for the purpose of voting, 
one (1) representative from the National Association of the Legiti- 
mate Theatre, Inc., and one (1) representative from the League of 
New York Theatres, Inc. AVhen any question involving ticket dis- 
tribution and ticket agencies is to be considered, one (1) representa- 
tive from the National Theatre Ticket Distributors, Inc., and one (1) 
representative from the Theatre Ticket Brokers Association of 
Greater New York shall become and be additional members of the 
Code Authority, for the determination of such questions. There 
shall be selected one duly authorized rei)resentative each from Actor's 
Equity Association, Chorus Equity Association, the International 
Alliance of Theatrical Stage Employees and Moving Picture Ma- 
chine Operators of United States and Canada, American Federation 
of Musicians of the United States and Canada, United Scenic Artists 



281 

of Aniorioa. and one reprosontative from the group of pinployeos not 
lieroiiibc'forL' embraced to be ai)pointe(l by the Board upon nomina- 
tion by the Labor Advisory Board. 

Section 2. In addition to membership, as above provided, there 
may be two (2) members without vote whose duty it shall be to 
safeguard the interests of the public, to be appointed by the Board, 
and one (1) member without vote to be known as the Administra- 
tion jNIeniber to be appointed by the Board to serve for such term 
as it uuiy specify. 

SixTioN 3. Each trade or in(histrial association en<2:a<i:ed in the 
Industry as a member or as an employer or in the disposition of 
tickets, which directly or indirectly participates in the selection or 
activities of the Code Authority shall (1) impose no inequitable re- 
strictions on membership, and (2) submit to the Board true copies 
of its Articles of Association, By-Law\s, ref^ulations and any amend- 
ments when made tliereto, toojether with such other information as 
to membershi]!, or<ranizati()n, and activities as the Board may deem 
necessary to elfectuate tlie purpose of the Act or this Code. 

Section 4. In order that the Code Authoi-ity shall at all times be 
truly representative of the 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 re- 
spects comply with the provisions of the Act, it may require an 
appropriate modification of the Code Authority. 

Section 5. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor 
shall any member of the Code xVuthority be liable in any manner to 
anyone for any act of any other meml)er, ofRcer. agent or employee 
of the Code Authority. Nor shall any member of the Code Author- 
ity exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act under 
this Code, except for his own wilful malfeasance or non-feasance. 

POWERS AND duties 

Section 6. Subject to such rules and regulations as may be issued 
by the Board, the Code Authority shall have the following powers 
and duties, in addition to those authorized bv 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 
subject to the approval of the Board. 

(c) To obtain from members of the Industry such information and 
reports as are required for the administration of the Code. In addi- 
tion to information requ.ired to be submitted to the Code Authority, 
members of the Industry subject to this Code shall fiu-nish such 
statistical information as the Board may deem necessary for the 
purpose,s recited in Section 3 (a) of the Act to such Federal and 
State Agencies as it may designate; provided that nothing in this 
Code shall relieve any member of the Industry of any existing obli- 
gations to furnish reports to any Government agency. No individual 



282 ■ 

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 Board. 

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

(e) To make recommendations to the Board for the coordina- 
tion 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 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 Board for its approval, subject to such no- 
tice and opportunity to be heard as it may deem necessary (1) an 
itemized budget of its estimated expenses for the foregoing pur- 
poses, and (2) an equitable basis upon which the funds necessary 
to support such budget shall be contributed by members of the 
Industry ; 

(c) After such budget and basis of contribution have been ap- 
proved by the 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. 

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 Board. Only mem- 
bers of the Industry complying with the Code and contributing to 
the expenses of its administration as hereinabove provided, (unless 
duly exempted from making such contributions) shall be entitled to 
participate in the selection of members of the Code Authority or 
to receive the benefits of any of its voluntary activities or to make 
use of any emblem or insignia of the National Recovery Adminis- 
tration, and in the event the member of the Industry is also a 
member of the Code Authority, to participate in the deliberation and 
decisions of the Code Authority. 

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 Board; 
and no subsequent budget shall contain any deficiency item for ex- 
penditures in excess of prior budget estimates except those which the 
Board shall have so approved. 

(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 formu- 



283 

latino; fair trade practices to jrovern the relationshi])s between em- 
ployers under this Code and under such other Codes to the end that 
sucii fair trade practices may be j)roi)osed to the Board a.s amend- 
ments to this Code and such other Codes. 

(h) To provick^ appropriate facilities for arbitration between 
employers and, subject to the approval of the Board, to prescribe 
rules of procedure and rules to effect compliance with awards and 
determinations. 

(i) To recommend to and consult with the Board concerning modi- 
fications of or amendments to this Code, which shall become effective 
as a part hereof upon ap))roval by the Board after such notice and 
hearings as it may prescribe. 

(j) To reconmiend to and consult with the Board concerning such 
administrative inter])retations of this Code as it may propose. Such 
interpretations, upon the ai)proval of the Board, shall become opera- 
tive as a part of the Code. 

(k) To recommend, if necessary, a uniform standard form of 
contract with booking agencies for all legitimate attractions. 

(1) To create regional code authorities composed of an equal 
number of employers and employees in order to more effectively 
apply the provisions of this Code. Subject to the provisions of this 
Code such regional code authorities shall have such authority and 
shall act under such rules and regulations as may be prescribed by 
the national Code Authority. 

GENERAL ADMINISTRATIVE PROVISION 

Section 7. If the 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 Board may require 
that such action be suspended to afford an opportunity for inves- 
tigation of the merits of such action and further consideration by 
such Code Authority or agency pending final action wdiich shall 
not be effective unless the Board approves or unless it shall fail 
to disapprove after thirty (30) days' notice to it of intention to 
proceed w^ith such action in its original or modified form. 

Article VII — Trade Practice Rules 

Rule 1. No member of the Industry shall publish advertising, 
whether printed, broadcast or displayed, which is misleading or 
inaccurate in any material particular, nor shall any member in any 
way misrepresent any services, policies or the nature or form of 
the business conducted. 

Rule 2. No member of the Industry shall aid, abet or assist in 
the release or dismissal of any actor for the purpose of permitting 
such actor to leave the cast of an attraction then playing in order 
to accept employment in motion pictures. 

Rule 3. No member of the Industry shall aid, abet or assist in 
the release or dismissal of any author, dramatist or actor employed 
in rendering his exclusive services in connection with the produc- 
tion of a motion picture for the purpose of securing the services 
of such author, dramatist or actor. 



284 

Rule 4. No member of the Industry shall aid, assist or partici- 
pate in a " buy ". A " buy " is defined as a purchase of tickets 
either directly or through an intermediary, for commercial resale. 

Rule 5. Insofar as members of this Industry can lawfully con- 
trol the same, the motion picture of a currently playing legitimate 
attraction shall not be permitted to be released until such attraction 
has had the fullest opportunity to complete its run and enjoy road 
showing. 

Rule 6. No member of the Industry shall aid or assist in the dis- 
tribution of " throw-aways ", or "" two-for-ones " or any other form 
of ticket or literature which when presented at the theatre box-office, 
together with an amount of money less than the regular box-office 
price entitles the holder to theatre seats, unless the " throw-away " 
ticket or literature plainly states the amount of money required and 
the conditions under which the seats may be purchased. 

Article VIII — Ticket Provisions 

Section 1. The terms ''Agent " or "Agency " as used herein shall 
be deemed to include every person, firm, corporation or other form 
of enterprise, including clubs, receiving for sale or selling theatre 
tickets. 

Section 2. " Theatre tickets " or " tickets " as used herein shall be 
deemed to include any and every form of evidence of the right of 
entry to a Legitimate Full Length Dramatic or Musical Theatrical 
procluction. 

Section 3. No member of the Industry shall consign, transfer or 
deliver for sale any theatre ticket to any Agent, wdio shall not have 
an effective and unrevoked Legitimate Theatre Ticket Agency 
Certificate duly issued by the Code Authority as hereinafter 
provided. 

Section 4. The Code Authority shall cause a non-assignable, re- 
vokable Legitimate Theatre Ticket Agency Certificate to be delivered 
to any Agent who shall apply therefor and who shall 

(a) Duly execute a written Agency Contract on behalf of him- 
self, his agents, servants and employees in such form as may be 
approved by the Code Authority and the Board, which shall contain 
provisions that the Agent agrees 

(1) Not to sell any theatre ticket in excess of the box office price 
plus the sum of seventy-five cents and tax ; 

(2) To keep conspicuously posted in every establishment or place 
of sale so that all persons visiting such establishment or place may 
readily see the name, a price list, the form of which shall be ap- 
proved by the Code Authority, showing the box office price. Agent's 
commission and tax; 

(3) Not to charge for any theatre ticket in excess of the sum so 
listed or in accordance with the provisions of sub-section (1) hereof, 
whichever is the lower; 

(4) Not to sell any ticket not conspicuously marked as provided 
in the Internal Revenue Laws of the United States, and such rules 
and regulations as may be or may have been promulgated there- 
under; 

(5) To give, upon the request of any purchaser, a signed and 
dated receipt showing the number of tickets sold, the name of the 



285 

theatre for which such tickets are issued and the total price, inchid- 
in<r tax, i)ai(l therefor; 

(G) Not to (>ii<ia<ie in any form of siibterfu<ie whatsoever which 
will frustrate the i)urpos(>s of this Article; 

(7) That the Code Authority may, at any reasonable time, inspect 
any and all ticket racks and books or records kept by such Agent 
with ros]iect to tickets; 

(8) Not to o-ive or receive any commission, p;ratuity or bonus in 
connection with the sale or delivery of or payment for tickets, or in 
connection with the ticket business of such A<;ent, except us nuiy be 
permitted in this Article; 

(9) Not to sell any ticket of a member of the Industry who shall 
have been found by the Board to have violated any provisions of 
this Article; 

(10) That the principal amount of the bond given to secure such 
Agency Contract, as hereinafter provided, shall become immediately 
due and payable to the Code Authority upon the determination by 
the Code Authority that such Agent has broken his contract ; 

(11) Not to establish or maintain any office, branch office or place 
of business within one hundred feet of any theatre without the 
written permission of the Code Authority; 

(12) That the sale of any ticket not conspicuously marked in ac- 
cordance with the provisions of this Article, shall be deemed prima 
facie evidence of a breach of such Agency Contract; 

(13) To such further provisions as may from time to time be pre- 
scribed by the Code Authority and approved by the Board, and 

(b) File with the Code Authority a bond in such form, in such 
reasonable amount, and with such surety or sureties as may be ap- 
proved by the Code Aathority and the Board conditioned on the 
faithful, true and complete performance of the provisions of the 
Agency Contract specified in this Article. Such bond shall further 
provide that its principal amount as therein stated shall become im- 
mediately due and payable to the Code Authority upon the deter- 
mination by the Code Authority that the Agent has broken his 
contract and that the Certificate of the Code Authority shall be con- 
clusive proof of such breach with respect to any and all sureties on 
such bond. 

Sectiox 5. Each member of the Industry shall cause every theatre 
ticket to be conspicuously marked showing the total box office price 
and tax, and, in addition thereto, shall conspicuously mark every 
ticket showing the maximum amount to be paid when purchased 
from an Agent. 

Section 6. Each member of the Industry shall retain at least 
twenty-five percent (25%) of the theatre tickets in all parts of the 
theatre for sale at the box office for each presentation, which shall be 
conspicuously marked to identify them as theatre tickets for sale at 
the box office only, and shall not be delivered to a broker for resale or 
resold by such broker; and the purchase by the broker of tickets so 
marked shall be deemed prima facie evidence of a violation of the 
provisions of this paragraph. 

Section 7. No member of the Industry shall give or receive any 
commission, gratuity or bonus in connection with the sale, delivery 



286 

or possession of or payment for any ticket, or in connection with the 
ticket business done by the Agent. 

Section 8. No member of the Industry shall aid, abet, assist or 
^participate in the breach of any Agency agreement entered into pur- 
suant to this Article, nor shall any member of the Industry engage 
in any form of subterfuge whatsoever which will frustrate the 
purposes of this Article. 

Section 9. The Code Authority may institute investigations of 
and shall hear all evidence with respect to any complaint of viola- 
tion of this Article, including, but without limitation, the breach 
of any Agency Contract, and after notice and hearing shall deter- 
mine whether such violation exists. Upon the determination that 
any violation, exists with respect to any Agent, the Code Authority 
may suspend or revoke such Agent's Legitimate Theatre Ticket 
Agency Certificate, and may institute in its own name such legal pro- 
ceedings as it may deem proper on such Agent's Contract and/or 
bond. Upon the determination that any violation exists with respect 
to any member of the Industry, the Code Authority may recommend 
to the Board such further proceedings under the Act as it deems 
proper. 

Section 10. The Code Authority may prescribe such rules and 
regulations, subject to the approval of the Board, as it may deem 
proper to effectuate the purposes of this Article. 

Section 11. The provisions of this Article shall apply only in such 
Cities as may be designated by the Code Authority subject to the 
approval of the Board. 

Section 12. Any person aggrieved by any determination of the 
Code Authority may appeal to the Board within seven days after 
such determination and notice thereof and the decision of the Board 
shall be final and binding on the parties involved. 

Section 13. If any provisions of this Article, or the application 
thereof to any person or circumstances, are held invalid, the re- 
mainder of this Article, and the application of such provisions to 
other persons or circumstances shall not be affected thereby. 

Article IX — Modification 

1. This Code and all the provisions thereof are expressly made 
subject to the right of the President, in accordance with the provi- 
sions of 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 X — Monopolies 

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

Article XI — Prohibition Against Subterfuge 

No member of the Industry shall use any subterfuge to frustrate 
the spirit and intent of this Code, which is, among other things, to 
increase employment by universal covenant, to remove obstructions to 



287 

commerce, to shorten hours of work and to raise wages to a living 
basis. 

Article XII — Saving Clause 

The promulgation of this amended Code shall not affect nor in 
any wi^e impair or obstruct the imposition of any penalty, for- 
feiture or punishment for olfenses committed against provisions of 
the Code of Fair Competition for this Industry approved on the 
16th day of August, 1933, during the period of its effective operation ; 
nor any investigation, legal proceeding or remedy in respect of any 
such offenses; nor any defenses thereto which might have been 
lawfully interposed under said prior Code. 

Article XIII — Effecti\t: Date 

This Code shall become effective ten days after its approval. 

Approved Code No. 8 — Amendment No. 1. 
Registry No. 1748-04. 



Approved Code No. 105A — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 



AUTOMOBILE HOT WATER HEATER 
MANUFACTURING INDUSTRY 

As Approved on October 23, 1934 



ORDER 



AprRoviNG Amendment of Supplementary Code of Fair Competi- 
tion FOR THE Automobile Hot Water Heater Manufacturing 
Industry 

a product group of the accessories division of the automotive parts 
and equipment manufacturing industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Auto- 
mobile Hot Water Heater Manufacturing Industry, and hearings 
having been duly held thereon 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, 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 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 amended 
to include an approval of said Supplementary Code in its entirety as 
amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Adminltstr'ative Officer. 

Approval recommended : 
Barton W. Murray, 

D (vision Acbninistrator, 

Washington, D. C, 

October 23, 1931^. 

(289) 



REPOET 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 Supplementary Code of Fair Compe- 
tition for the Automobile Hot Water Heater Manufacturing In- 
dustry, submitted by the Administrative Committee on behalf of 
the Code Authority. 

The purpose and effect of the amendment are to have the Code 
conform to the provisions of Executive Order 6678, authorizing the 
Code Authority to submit a budget and basis of contribution for 
expense of code administration. 

FINDINGS 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Supple- 
mentary Code having found as herein set forth and on the basis of 
all the proceedings in this matter; 

The National Industrial Recovery 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 
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 
unemiDloyment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(290) 



291 

(e) The amendmont and the Code avS amended are not dcsijined to 
and will not eliminate or 0})press small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, therefore, the National Industrial Recovery 
Board has approved this amendment. 

For the National Industrial Recovery Board : 

G. A. Lynch, 
Adhrvinistrative Officer, 
October 23, 1934. 



AMENDMENT TO SUPPLEJylENTARY CODE OF FAIR COM- 
PETITION FOR AUTOMOBILE HOT WATER HEATER 
MANUFACTURING INDUSTRY 

A PRODUCT GROUP OF THE ACCESSORIES DIVISION OF THE AUTOMOTIVE PARTS 
AND EQUIPMENT MANUFACTURING INDUSTRY 

Delete Paragraph 2, Article III and substitute the following, to be 
known as Article III, Paragraph 2, sections 1, 1 (a), 1 (b), 1 (c), 
2 and 3 : 

Section 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 Administrative 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 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 basis upon 
which the funds necessary to support such budget shall be contrib- 
uted by members of the Product Group; 

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

Section 2. Each member of the Product Group shall pay his or 
its equitable contribution to the expenses of maintenance of the Ad- 
ministrative Committee, determined as hereinabove provided, and 
subject to rules and regulations pertaining thereto issued by the 
National Industrial Recovery Board. Only members of the Product 
Group 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 Administrative 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. 

Section 3. The Administrative Committee shall neither incur nor 
i:)ay 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 the 
approval of the National Industrial Recovery Board; and no subse- 
quent 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. 105A — Aiiiendmcnt No. 1. 
Registry No. 14U4-3U, 

(292) 



Approved Code No. 217 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

DENTAL LABORATORY INDUSTRY 

As Approved on October 23, 1934 



ORDER 



Approving Amendment of the Code of Fair Competition for thk 
Dental Laboratory Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recow^r}^ Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Dental Laboratory In- 
dustry, and Notice to File Objection having been given and the 
annexed report on said amendment containing findings with re- 
spect thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
Stales, 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, 
by reference, said annexed report and does find that said amendment 
and the Code as constituted after being amended comply in all re- 
spects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendment be and is hereby approved, and that the previous 
approval of said Code is hereby amended to include an approval of 
said Code in its entirety as amended, such approval and such amend- 
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 National Industrial Recovery Board 
issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Achninistrative Officer. 

Approval recommended : 
KiLBOURNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

Octoher 23, 193!^. 

(293) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the Amendment of the Code of Fair 
Competition for the Dental Laboratory Industry, relating to the 
collection of expenses of Code Administration. 

This amendment was proposed in accordance with Article VI, 
Section 7, Subsection (a) and Article IX, Section 2 of the Code, 
approved January 22, 1934. 

Notice of Opportunity to be Heard was given from August 7, 
1934, to August 21, 1934. No objection has been filed against the 
proposed amendment of the Code. 

FINDINGS 

The Deputy Administrator in his final report to us on said amend- 
ment of 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 of said Code and the Code as modified are well 
constituted to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of 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 purposes 
of co-operating action among the Trade Groups, by inducing and 
maintaining united action of labor and management under adequate 
Governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving un- 
employment, and improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the 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 modified are not designed to 
and will not eliminate or oppress small enterprises and will not op- 
erate to discriminate against them. 

(294) 



295 

(f ) Those en^aofed in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
amendment. 

For this reason, this amendment has been approved by us. 

For the National Industrial Recovery Board : 

G. A. Lynch, 
OcTOB,^ 23. 1934. AdrmniUrative OMoer. 



99613* — 34 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE DENTAL LABORATORY INDUSTRY 

Purpose 

Pursuant to Article VI, Section 7, Subsection (a) and Article IX, 
Section 2 of the Code of Fair Competition in the Dental Laboratory 
Industry, duly approved by the President on January 22, 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 every 
member of the Dental Laboratory Industry. 

Article VI — Administration 

Amend the first paragraph of Section 5 by deleting said paragraph 
and inserting the following : 

a. It being found necessary in order to support the administration 
of this code and to maintain the standards of fair competition estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized : 

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

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

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

b. Each member of the industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the Administrator. Only mem- 
bers of the industry complying with the code and contributing to the 
expenses of its administration as hereinabove provided, unless duly 
exempted from making such contributions, shall be entitled to par- 
ticipate in the selection of members of the Code Authority and 
Regional Sub-Code Authorities 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. 

(296) 



297 

c. The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the 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. 

Reletter paragi-aph (a) to read (d). 

Delete Section 5 (a) and Section 7 (g). 

Approved Code No. 217 — Ameudment No. 1. 
Registry No. 1617-4)9. 



Approved Code No. 347 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MACHINERY AND ALLIED PRODUCTS INDUSTRY 

As Approved on October 23, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
ISIachinery and Allied Products Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for the approval of an 
amendment to a Code of Fair Competition for the Machinery and 
Allied Products Industry, and opportunity to be heard thereon 
having been duly noticed 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, 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 ap- 
proved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended, such approval and such amendment to take effect ten (10) 
days from the date hereof, unless good cause to the contrary is 
shown to the National Industrial Recovery Board before that time 
and the National Industrial Recovery Board issues a subsequent order 
to that effect. 

National Industrial REC0^^:RY Board, 
By G. A. Lynch, Adm'tnistrative Officer. 

Approval recommended : 
Barton AV. Murray, 

Division Administrator. 

Washington, D. C, 

October 23, 193J^. 

(299) 



REPORT TO THE PRESIDENT 

The President, 

The White Home. 
Sir : This is a report on the Amendment to Article III, Section 3, 
paragraph (c) of the Code of Fair Competition for the Machinery 
and Allied Products Industry, which clarifies this paragraph by 
specifying the days to be considered legal holidays. Opportunity 
to be heard was given from July 20 to August 3, 1934. 

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 : 

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 of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair comi^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 in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limi- 
tation Subsection (a) of Section 3, Subsection (a) of Section 7, 
and Subsection (b) of Section 10 thereof. 

(c) The 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, this Amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
AdTninistrative OjfiGer. 
October 23, 1934. 

(300) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

Article III — Working Hours 

Amend Subdivision (c), Section 3, Article III, to read as follows: 
"(c) Sunday and Le<ral Holiday Work. — At least one and one- 
half (IV2) times the regular rate shall be paid for all work performed 
on Sundays or on any of the following legal holidays, New Year's 
Day, Washington's Birthday, Memorial Day, Independence Day, 
Labor Day, Thanksgiving Day, Christmas, except by watchmen, 
power plant engineers and firemen." 

Approved Code No. .347 — Amendment No. 5. 
Registry No. 1399-65. 

(301) 



Approved Code No. 84P — ^Amendment ISo. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

SNAP FASTENER MANUFACTURING INDUSTRY 

As Approved on October 23, 1934 



ORDER 



Approm:ng Amendment of SuPPiiEMENTART Code of Fair Competi- 
tion FOR THE Snap Fastener Manufacturing Industry 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTTURING AND 
METAL FINISHING AND METAL COATING 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, 1933, for approval of an amend- 
ment to a Supplementary Code of Fair Competition for the Snap 
Fastener Manufacturing Industry, and a Notice of Opportunity to 
be Heard having been duly given thereon, and the annexed re^jort 
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 Supplementary Code as constituted after being amended 
comply in all respects with the pertinent provisions and will pro- 
mote the policy and purposes oi 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 (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 
subsequent order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, AdmlniMrative Officer. 

Approval recommended : 
Ktlbourne Johnston, 

Acting Division Administrator, 

Washington, D. C, 

October 23, 19SU. 

(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 the National Industrial Recovery 
Act for an amendment of Article IV of the Supplementary Code of 
Fair Competition for the Snap Fastener Manufacturing Industry by 
the Supplementary Code Authority for that Industry. 

The Supplementary Code of Fair Competition for the Snap Fas- 
tener Manufacturing Industry was approved on April 6, 1934. 
Article IV, Section 7, subsection f provides that the Supplementary 
Code Authority shall have power to secure from the members of the 
industry an equitable and proportionate payment of the reasonable 
expenses of maintaining the Supplementary Code Authority and its 
activities. 

The above 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 amendment has, therefore, 
been proposed to create a legal obligation, on the part of the Indus- 
try Members, to pay their pro rata share of the expenses of the 
Supplementary Code Authority. 

FINDINGS 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment of said Supplemen- 
tary Code having found as herein set forth and on the basis of all 
proceedings in this matter : 

It has been found that : 

(a) The amendment of said Supplementary Code and the Supple- 
mentary 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 organiza- 
tion of industry for the purpose of co-operative 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 oi 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 Supplementary Code as amended complies in all respects 
with the pertment provisions of said Title of said Act, including 

(304) 



305 

without limitation Riib-section (a) of Section 3. sub-section (a) of 
Section 7 and sub-section (b) of Section 10 thereof. 

(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the 
industry as a whole. 

(d) The amendment and the Supplementary (\)(le as amended are 
not desi<rned 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 
said amendment. 

For these reasons, the amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 

Administiative Officer. 
October 23, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE SNAP FASTENER MANU- 
FACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend Article IV by deleting Section 4 and substituting the fol- 
lowing in lieu thereof. 

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 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 purposes of the Supplementary 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 (a) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (b) an equitable basis upon 
which the funds necessary to support such budget shall be con- 
tributed by the members of the Industry; 

(3) After such budget and basis of contribution has 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. 

(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 
National Industrial Recovery Board. Only members of the In- 
dustry complying with the Supplementary Code and contributing 
to the expenses of its administration as hereinabove provided, un- 
less duly exempted from making such contributions, shall be en- 
titled to participate in the selections of members of the Supple- 
mentary 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 Authorities 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 National Industrial Recovery Board; and no subse- 
quent budget shall contain any deficiency item or expenditures in 

(306) 



307 

excess of prior bnd^^et estimates except those which the National 
Industrial Recovery Board shall have so approved. 

Delete Sub-sections (f) and (g) of Article IV, Section 7. 

Renumber sub-section (h) to read sub-section (f). 

Renumber sub-section (i) to read sub-section (g). 

Approved Code No. 84P— Amendment No 1 
Registry No. 1122-18. 



Approved Code No. 166 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WAXED PAPER INDUSTRY 

As Approved on October 23, 1934 



ORDER 



Approving Amendment of Code of Fair Competitign for the 
Waxed 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 16, 1933, for approval of an amendment 
to a Code of Fair Competition for the Waxed Paper Industry, and 
due notice and opportunity to be heard having been given thereon, 
and the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 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 RECOv^atY Board, 
By G. A. Lynch, Administrative Ofjicer. 

Approval recommended: 
Joseph F. Battley, 

Activg Division Administrator. 

Washington, D. C, 

October 2S, 193J^. 

(309) 



REPORT TO THE PRESIDENT 

The President, 

The Wli'de House. 

Sir : This is a report on an amendment to the Code of Fair Compe- 
tition for the Waxed Paper Industry which was approved by you 
on December 18, 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 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 Ti^le 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 })roducts 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry, 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to propose the amend- 
ment 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 rea^sons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
AdDumatrcUive O^cer, 
October 23, 1934. 

(310) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WAXED PAPER INDUSTRY 

Delete Section 5 of Article II and substitute therefor : 
5. (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 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 (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 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 National Industrial Re- 
covery Board. Only members of the Industry complying with the 
Code and contributing to the expenses of its administration as here- 
inabove 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 
contained in the approved budget, except upon approval of the Na- 
tional 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. 166 — Amendment No. 1. 
Registry No. 411-01. 

99613°— 34 14 (311) 



Approved Code No. 37 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BUILDERS SUPPLIES TRADE 

As Approved on October 25, 1934 

BY 

PRESIDENT ROOSEVELT 



EXECUTIVE ORDER 

Amended Code of Fair Competition for the Builders Supplies 

Trade 

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 my approval of an 
amended Code of Fair Competition for the Builders Supplies Trade, 
and hearings having been held thereon and the National Industrial 
Recovery Board having rendered their rejDort containing an analysis 
of the said amended Code of Fair Competition together with their 
recommendations and findings with respect thereto, and the National 
Industrial Recovery Board having found that the said amended 
Code of Fair Competition complies in all respects with the pertinent 
provisions of Title I of said Act and that the requirements of clauses 
(1) and (2) of subsection (a) of Section 3 of the said Act have been 
met : 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 
United States, pursuant to authority vested in me by Title I of the 
National Industrial Recovery Act, approved June 16, 1933, do hereby 
incorporate by reference said annexed report and do find that the 
Code as ( onstituted, after being amended, 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 the Code 
a,s amended 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. 

FRANKLIN D. ROOSEVELT. 

Approval recommended : 

National Industrial Recovery Board, 
By G. A. Lynch, Adrninktratlve fleer. 

The White House, 

October 25^ 1934. 

(313) 



LETTER OF TRANSMITTAL 

The President, 

The White House. 

Sir: This is a report on the Code of Fair Competition for the 
Builders Supplies Trade of the United States, as amended, the hear- 
ings having been held in Washington, D. C, on July 26, 1934, and on 
August 9, 1934, in accordance with the policies of the National 
Recovery Administration. 

Your approval of this Code, as amended, will have the effect of 
promulgating a new Code for the Trade, which it is estimated 
employs in excess of 50,000 persons. 

This Code, as amended, is sponsored by the National Federation 
of Builders Supply Associations which is empowered by the Code 
of Fair Competition for the Builders Supplies Trade Ijidustry to 
propose amendments. 

The principal change in this Code, as amended, is the establish- 
ment of an open price policy Avhich coincides with the policy of the 
National Recovery Administration. As amended, this Code contains 
a prohibition against the handling of goods which have not been 
purchased from a vendor who does not represent that he is comply- 
ing with his respective Code of Fair Competition. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendments to said Code having 
found as herein set forth and on the basis of all the proceedings in 
this matter; 

It finds 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 praofcice, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(314) 



315 

(c) The Code empowers the National Federation of Builders Sup- 
plies Associations to present the aforesaid amendments on behalf of 
the Trade as a whole. 

(d) 'i'he 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, this Code, as amended, is recommended for 
a])proval. 

For the National Industrial Kecovery Board : 

G. A. Lynch, 
Ad77iinistrative Ojjicer. 
October 25, 1934. 



AMENDED CODE OF FAIR COMPETITION FOR THE 
BUILDERS SUPPLIES TRADE 

To effect the policies of Title I of the National Industrial Recovery 
Act, this Code is established as a Code of Fair Competition for the 
Builders Supplies Trade and its provisions shall be the standards 
of fair competition for such Trade and be binding upon every mem- 
ber thereof. 

I. Definitions 

1. Builders Supplies. — The term " Builders Supplies " as used 
herein is broadly defined as those products used in building and 
construction work and commonly designated as fire resistant. The 
term " Builders Supplies " as used herein specifically comprehends 
the following products : 

Brick Mortars, Casement and Steel Sash, Cement and Cement 
Products, Cement Pipe, Ceramic Tile, Clay Roof Tile, Common 
Brick, Cut Stone, Dampers and Fireplace Accessories, Drain Tile, 
Face Brick, Fire Brick and Clay, Glazed Structural Tile, Gypsum 
Products, Hollow Tile, Lime and Lime Products, Mesh Reenforce- 
ment, Metal Lath and kindred products, Mineral Aggregates, Mortar 
and Cement Colors, Molding Plasters, Roof and Flooring Slates, 
Sewer Pipe, Flue Lining and other Clay Products, Structural Terra 
Cotta and Waterproofing Compounds. 

2. Member of the Trade. — The term " member of the Trade " as 
used herein includes any individual, partnership, association, cor- 
poration, or other form of enterprise engaged in the Trade, either 
as an employer or on his or its own behalf. 

3. Yoluntar^y Agreement Member. — The term "Voluntary Agree- 
ment Member " shall include any member of the Trade who shall 
have become a member of the agreement as hereinafter provided in 
Article VIII. 

4. Builders supplies trade. — The term " Builders Supplies Trade " 
or " Trade " as used herein includes the selling and/or distributing 
to contractors or consumers of any or all builders supplies herein- 
above defined. In the event that the application of this section is 
the subject of a dispute with a member of any other trade or industry 
subject to any other Code of Fair Competition which purports to 
have jurisdiction over the sale of any builders supplies, approved 
pursuant to the provisions of the National Recovery Act, this section 
shall not apply to members of such other trade or industry mitil 
such time as the dispute has been reviewed and determined by the 
procedure established in Article VI, Section 10, Subsection (c), and 
the finding reached makes this section applicable. 

5. Employee. — The term " em])loyee " as used herein includes any 
and all persons engaged in the Trade, however compensated, except 
a member of the Trade. 

(316) 



317 

6. Employer. — The term " emploj'er " as used herein inchides any 
one by whom any such employee is eonipiMisated or employed. 

7. Code Authority. — The term '' Code Authority '' as used throu<^h- 
out this Code refers to the Administrative Committee of this Code 
as established in Article VI hereof. 

8. Federation. — The term " Federation '' as used herein shall mean 
the National Federation of lUiildcrs Supply Associations. The 
term '" federated group " shall mean any association or <>;roup fed- 
erated with the National Federation of Builders Supply Associations. 

9. President., Act and the Board. — The terms " President ", "Act " 
and " Board " as used herein mean respectively, the President of the 
United States, Title I of the National Industrial Recover}^ Act and 
the National Industrial Recovery Board. 

10. Competitive area. — For the purpose of administering this 
Code, a '' Competitive Area " is defined as an economic market hav- 
ing such geographical boundaries as shall be accepted and approved 
by a truly representative group of members of the Trade doing 
business therein, but subject to review and approval by the Code 
Authority and to ajDproval by the National Recovery Administration. 

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

II. Rights of Labor 

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

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

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

2. An employer shall so administer work in his charge as to pro- 
vide the maximum practicable continuity of employment for his 
work force. 

III. Hours or Labor 

1. No employee shall be permitted to work in excess of forty (40) 
hours in any one week, or eight (8) hours in any one day, except as 
herein otherwise provided. 

2. Exceptions as to hours. — (a) The provisions of this Article 
shall not apply to outside salesmen, night and Sunday watchmen, to 
one branch yard manager for each branch yard and to persons em- 
ployed in a managerial or executive capacity who earn regularly 
thirty-five dollars ($35.00) per week or more. 

(b) Employees of members of the Trade employing not more 
than two (2) persons, in towns or places of less than 2,500 popula- 
tion, which towns and places are not part of a large trading area, 
as defined in Article Iv, may be permitted to work forty-eight (48) 



318 



hours in any one week if at least sixty-six and two-thirds percentage 
of the sales volume of said members of the Trade is to persons 
engaged in agriculture; such employees may be permitted to work 
in excess of forty-eight (48) hours in any one week, provided that 
they are paid not less than one and one-half times their normal 
rate of pay for all hours worked in excess of forty-eight (48) hours 
in any one week. 

(c) Yard foremen, truck drivers and their helpers may be per- 
mitted to work forty-four (44) hours in any one week without the 
payment of overtime and may be permitted to work forty-eight (48) 
hours in any one week, provided that they are paid not less than one 
and one-half times their normal rate of pay for all hours worked 
in excess of forty-four (44) hours in any one week. 

(d) The Code Authority shall submit within thirty (30) days of 
the approval of this Code as amended, a report which specifically 
outlines the possibilities of establishing a daily limitation of hours 
for all classes of employees and of revising Article III, Section 2 (a) 
and (c) so that hourly restrictions will apply to the watchmen, all 
branch yard managers, yard foremen, truck drivers and their helpers. 

3. Standard Week. — Except as to night and Sunday watchmen, no 
employee shall be permitted to work more than six (6) days in any 
seven (7) day period. 

4. Employm£nt hy Several Emfloyers. — No employer shall know- 
ingly permit any employee to work for any time which, when added 
to the time spent at work for another employer or employers in this 
Trade or any other trade or industry, exceeds the maximum permitted 
herein. 

IV. Rates of Wages 

1. No employee shall be paid in any period less than the minimum 
rates per hour hereinafter set forth, except as herein otherwise pro- 
vided ; the minimum rate per hour herein provided shall be applicable 
to the immediate trade area of cities as defined by the Chamber of 
Commerce or similar civic body of such cities: 



Reg:ion no. 


Cities of 

500,000 

population 

or more 


Cities of less 
than 500,000 
population 
and more 
than 75,000 
population 


Cities or 
places of 
75,000 popu- 
lation or 
less 


1 


Cents 
35 
40 
45 
60 


CenU 
30 
35 
40 


Cents 

25 


2 ... 


30 


3 .. 


35 


4 











2. (a) Region No. 1 includes the States of: Alabama, Georgia, 
Florida, North Carolina, South Carolina, Kentucky, Louisiana, Mis- 
sissippi, Tennessee, Texas, Virginia, West Virginia, Arkansas, New 
Mexico and Arizona. 

(b) Region No. 2 includes the States of: Delaware, Maryland, 
Colorado, Wyoming, Oklahoma, Utah, Montana, Idaho, Washing- 
ton, Oregon, Nevada, and Counties of Santa Barbara, Ventura, Los 
Angeles, Orange, San Diego, Imperial and San Benardino of the 
State of California, and the District of Columbia. 



319 

(c) Reirion No. 3 inclurles the States of: Illinois, Indiana, Penn- 
sylvania, New Jersey, Nebraska, New York (except New York City), 
Vermont, New Hampshire, Maine, Massachusetts, Connecticut, Rhode 
Island. Minnesota, North Dakota, South Dakota, Iowa. Ohio, Mis- 
souri, Kansas. Wisconsin, Michigan and all counties of California 
not included in Region No. 2. 

(d) Region No. 4 includes the City of New York. 

3. Clerical and office employees subject to the provisions of Article 
III, Section 2, subsection (b) hereof, shall be paid not less than 
twelve dollars ($12.00) per forty-eight (48) hour week, clerical and 
office employees in cities of 500,000 population or more shall be paid 
not less than at the rate of twenty dollars ($20.00) per week; in 
cities of less than 500.000 population and more than 75,000 popula- 
tion, not less than at the rate of fourteen dollars ($14.00) per week; 
and in cities and places of 75,000 population or less, not less than 
at the rate of twelve dollars ($12.00) per week. Truck drivers in 
cities of 2,500,000 population or more shall be paid not less than at 
the rate of 75 cents per hour. 

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

v. GENERAL LABOR AND OTHER PROVISIONS 

1. No person under eighteen (18) years of age shall be employed 
in this Trade, except as office boys, office girls or messengers. No 
person under sixteen (16) years of age shall be employed in this 
Trade in any capacity. In any state an employer shall be deemed 
to have complied with these provisions as to age, if he shall have on 
file a certificate or permit, duly signed by the Authority in such state 
empowered to issue employment or age certificates or permits 
showing that the employee is of the required age. 

2. Every emploj^er 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 Board within sixty (60) days after the effective 
date hereof, and upon their approval by the Board shall constitute 
integral parts of this Code. 

3. No provisions 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, sani- 
tary or general working conditions, or insurance, or fire protection, 
than are imposed by this Code. 

4. All employers shall post and keep posted copies of this Code in 
conspicuous places accessible to all employees. Every member of 
the Trade 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 Board. 

5. No emploj^er shall reclassify employees 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. 

6. 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. 



320 

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

8. 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 designated by the 
United States Department of Labor a certificate authorizing his 
emplojanent at such wages and for such hours as shall be stated 
in the certificate. Each employer shall file monthly with the Code 
Authority a list of all such persons employed by him, showing the 
wages paid to, and the maximum hours of work for such employees. 

VI. Administration 

1. A Code Authority is hereby established consisting of not more 
than nine (9) trade members to be selected in the following manner: 
Seven (7) membere shall be elected by the Directors of the National 
Federation of Builders Supply Associations with the approval of 
the Board, and two (2) members shall be elected to represent the 
non-members of federated groups. In the event that the non-mem- 
bers of federated groups fail to elect two (2) members to represent 
them, they may be appointed by the National Recovery Adminis- 
tration. 

2. In addition to membership as above provided, there may be 
three (3) members, without vote, to be known as Administration 
members, to be appointed by the Board to serve for such terms as 
the Board may specify. 

3. Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall 
(1) impose no inequitable restrictions on membership, and (2) sub- 
mit to the Board true copies of its articles of association, by-laws, 
regulations, and any amendments when made thereto, together with 
such other information as to membership, organization, and activities 
as the Board may deem necessary to effectuate the purposes of the 
Act. 

4. In order that the Code Authority shall be at all times truly 
representative of the Trade and in other respects comply with the 
provisions of the Act, the Board may prescribe such hearings 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 with the provisions of the Act, may require an appropriate 
modification of the Code Authority. 

5. Nothing contained in this Code shall constitute the members 
of the Code Authority partners for any purpose. Nor shall any 
member of the Code Authority be liable in any manner to anyone 
for any act of any other member, officer, agent or employee of the 
Code Authority. Nor shall any member of the Code Authority, ex- 
ercising 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. 

6. If the Board shall at any time determine that any action of the 
Code Authority or any agency thereof may be unfair or unjust or 
contrary to the public interest, the Board may require that such 
action be suspended to afford an opportunity for investigation of 



321 

the merits of such action and further consideration by such Code 
Authority or agency pending^ final action which shall not be effective 
unless the Board approves or unless it shall fail to disapprove after 
thirty (30) days' notice to it of intention to proceed with such action 
in its oriijinal or modified form. 

7. Subject to such rules and rej^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 
provide for the compliance of the Trade 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 Trade such information and 
reports as are required for the administration of the Code. In addi- 
tion to information required to be submitted to the Code Authority, 
members of the Trade subject to this Code shall furnish such statis- 
tical information as the Board may deem necessary for the purposes 
recited in Section 3 (a) of the Act to such Federal and State 
agencies as it may designate; provided that nothing in this Code 
shall relieve any member of the Trade of any existing obligations to 
furnisli reports to any Government agency. No individual report 
shall be disclosed to any member of the Trade or any other party 
exce])t to such other governmental agencies as may be directed by 
the Board. 

(d) To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities provided for 
herein, provided that nothing herein shall relieve the Code Authority 
of its rights, duties or responsibilities under this Code and that such 
trade associations and agencies shall at all times be subject to and 
comply with the orders of the Code Authority and of the National 
Recovery Administration. 

(e) To make recommendations to the Board for the coordination 
of the administration of this Code and such other Codes, if any, as 
may be related to or afl'ect members of the Trade. 

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

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

(B) To submit to the 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 Trade ; 

(C) After such budget and basis of contribution have been 
approved by the Board, to determine and obtain equitable contribu- 
tion 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. 



322 

(2) Each member of the Trade shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the Board. Only members of 
the Trade complying with the Code and contributing to the expenses 
of its administration as hereinabove provided, unless duly exempted 
from making such contributions, shall be entitled to participate in 
the selection of members of the Code Authority or to receive the 
benefits of any of its voluntary activities or to make use of any 
emblem or insignia of the National Recovery Administration. 

(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 Board ; 
and no subsequent budget shall contain any deficiency item for ex- 
penditures substantially 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 Trade in their relations with each other or with 
other trades or industries; measures for industrial planning, and 
stabilization of employment; and including modifications of this 
Code which shall become effective as part hereof upon approval by 
the 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 Trade for the purpose of formulating 
fair trade practices to govern the relationships between employers 
under this Code and under such other Codes to the end that such 
fair trade practices may be proposed to the Board as amendments 
to this Code and such other Codes. 

(i) To provide appropriate facilities for arbitration, and subject 
to the approval of the Board, to prescribe rules of procedure and 
rules to effect compliance with awards and determinations. 

8. To approve and submit for the approval of the Board, rules 
and regulations proposed by truly representative groups of members 
of the Trade in any competitive areas, provided that such rules and 
regulations are not inconsistent with this Code. Upon approval 
by the Board, after such notice and hearings as it may prescribe, 
such rules and regulations shall constitute integral parts of this Code 
and be binding upon all members of the Trade operating in such 
competitive areas. 

9. (a) For the administration of this Code, in the case of mem- 
bers of the Trade, whether in whole or in part, who are members of 
the National Retail Lumber Dealers Association but who are not 
also members of a federated group of the National Federation of 
Builders Supply Associations, the Code Authority shall appoint as 
its agent or representative the same agent or representative as shall 
have been appointed by the Code Authority for the Code of Fair 
Competition for the Retail Lumber, Lumber Products, Building 
Material and Building Specialties Trade for the administration of 
the Code of Fair competition for which it is the controlling 
authority. 



323 

(b) "VVlien the administration of this Code is delenfated by the 
Co<lo Authority of this Code to the a<jjent apT)ointed by the Code 
Authority for the Code of Fair Competition tor Retail Dealers in 
Lumber, Lumber Products, Buildinc; Material, and Building Spe- 
cialties, the })ro rata cost of Administration shall be the same as 
for all other dealers in Builders Supplies but shall be paid to the 
last-mentioned (^ode Authority to be used by them in the Adminis- 
tration of this Code. 

10. (a) To appoint within each federated group, in cooperation 
with the appropriate division under the Code of Fair Competition 
for the Retail Lumber, Lumber Products, Buildinir jNIaterial and 
Buildino- Specialties Trade, a joint Explanation Conmiittee, with 
fc'(iual representation, of such number as may be deemed advisable. 
This Committee shall be empowered to explain the provisions of the 
trade practice rules of the Code of Fair Competition for the Retail 
Lumber, Lumber Products, Buildinf; Material and Build ins; Special- 
ties Trade and of this Code insofar as such rules affect members of 
the Retail Lumber, Lumber Products, Building Material and Build- 
ing Specialties Trade and members of the Builders Supplies Trade. 
The explanations of this Joint Committee shall be subject to appeal 
as hereinafter provided. 

(b) The Code Authority shall appoint a National ,roint Explana- 
tion Committee in cooperation with the Code Authority for the 
Retail Lumber, Lumber Products, Building Material and Building 
Specialties Trade, with equal reiDresentation, of such number as the 
two Code Authorities shall jointly determine. This Committee shall' 
review appeals from the explanations of the Joint Ex])lanation Com- 
mittees appointed within the federated groups. The findings of such 
Xational Joint Explanation Committee shall be subject to review as 
may be prescribed by the Board in accordance with the law 

(c) In the event of any disputes concerning the jurisdiction of this 
Code, the Code Authority shall appoint a committee to meet with a 
similarly appointed Committee of any related industry or trade, and 
when so meeting to act as a Coordination Board to adjust disputes as 
to the jurisdiction of the respective Codes. Each trade or industry 
shall be equally represented. In addition to the representatives ap- 
pointed by the respective Code Authorities, each Coordination Board 
may elect one additional member, or, upon failure so to select, one 
additional member may be appointed by the Board, but such mem- 
ber shall have authority to vote only in the event of a tie. A de- 
termination of such Coordination Board shall be forwarded imme- 
diately to the National Recovery Administration and shall become 
effective upon approval thereby. In the event such Coordination 
Board fails to act or agree, the matter shall be submitted to the 
Board for final determination. 

VII. Voluntary Agreement Member 

Recognizing that the violation by a member of any provision of 
this Code will disrupt the normal course of fair competition in the 
Trade and cause serious damage to others, and that it will be im- 
possible accurately to determine the amount of such damage, it is 
hereby provided that tliose members who may desire to do so may 



324 

enter into an agreement among themselves embodying the following 
provisions : 

1. Each member violating any provision of this Code shall pay 
to the Treasurer of the Code Authority, as an individual and not as 
Treasurer, in trust, as and for liquidated damages, upon determina- 
tion of violation by the Board, or any impartial agency or person 
nominated by the Code Authority or designated by the Assenters 
to this agreement and approved by the Board, 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 
Avages which would have been paid if the member had complied with 
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 regular rate payable under 
the terms of the Code, to the employee who worked overtime ; 

(c) For the violation of any labor provision of the Code other 
than an hour or wage provision, one hundred dollars ; 

(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 Trade, an amount equal to thirty 
(30) per cent 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, whichever is 
the higher; 

(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 Trade, one hundred dollars. 

2. All amounts so paid to or collected by the Treasurer of the Code 
Authority, under the provisions of this Article, shall be 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 therefrom shall be 
utilized to defray proper expenses of code administration, and the 
balance, if any, remaining in the hands of the Treasurer shall be 
distributed semi-annually among members of the Trade who have 
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, on the basis of the most recent assessment made 
against members of the Trade for the expense of code administration. 

3. 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 
other right or privilege under the Code. By so assenting, each 
member agrees with every other member and the Treasurer, indi- 
vidually, ( 1 ) that violation of a code provision shall breach this 
agreement and shall render the violator liable for, the payment of 
liquidated damages as herein provided, (2) 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 damages found due hereunder. 



325 

4. The Code Authority may waive liability for payment of liqui- 
dated damages for any violation it finds to have been innocently 
made and resulting in no material injury. 

0. The Treasurer of the Code Authority, as an individual, and 
not as Trea.surer, by accepting office, accepts the trust established by 
this contract and agrees to perform the duties of Trustee hereunder 
until his successor in office may have been appointed. 

G. 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 Trade from any con- 
tractual or legal obligations arising out of this Code or of the Act 
or otherwise ; nor shall violation of this agreement by an absenting 
member be deemed a violation of the Code, so as to subject the vio- 
lator 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. 

VIII. Atfidavits of Compliance 

Each member of the Trade shall submit to the Code Authority 
or its authorized agent uiDon demand, but not more frequently than 
monthly, an affidavit properly executed before a Notary Public, cer- 
tifjang that he has complied with the provisions of this Code set- 
ting forth the schedule of raters of wages, hours of labor, and main- 
tenance of all other rules as set forth within this Code. These affi- 
davits shall be filed with the Code Authority and shall be available 
at all times to the inspection of the National Industrial Recovery 
Board. 

IX. Open Price, Costs and Price Cutting, and Cost Finding 
AND Accounting 

1. Open Price. — (a) Each member of the Trade shall file with a 
confidential and disinterested agent of the Code Authority, or if 
none, then with such an agent designated by the Board iclentified 
lists of all of his prices, discounts, rebates, allowances, and all other 
terms or conditions of sale, hereinafter in this article referred to 
as " price terms ", which lists shall completely and accurately con- 
form to and represent the individual pricing practices of said mem- 
ber. Such lists shall contain the price terms for all such standard 
products of the Trade as are sold or offered for sale by said member 
and for such non-standard products of said member as shall be 
designated by the Code Authority. Said price terms shall in the 
first instance be filed within ten (10) days after the effective date 
of this provision. Price terms and revised price terms shall become 
effective immediately upon receipt thereof by said agent. Immedi- 
ately upon receipt thereof, said agent shall by telegraph or other 
equally prompt means notif}^ said member of the time of such receipt. 
Such lists and provisions, together with the effective time thereof, 
shall upon receipt be immediately and simultaneously distributed 
to all members of the Trade and to all of their customers who have 
applied therefor and have offered to defray the cost actually incurred 
by the Code Authority in the preparation and distribution tliereof 
and be available for inspection by any of their customers at the 



326 

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 Trade 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 the effective date of 
this provision. The Code Authority shall maintain a permanent 
file of all price terms filed as herein provided, and shall not destroy 
any part of such records except upon written consent of the Board. 
Upon request the Code Authority shall furnish to the Board or any 
duly designated agent of the Board copies of any such lists or 
revisions of price terms. 

(b) "\¥lien any member of the Trade has filed any revision, such 
member shall not file a higher price within forty-eight (48) hours. 

(c) No member of the Trade shall sell or offer to sell any products/ 
services of the Trade for wliich price terms have been filed pur- 
suant to the provisions of this Article, except in accordance with 
such price terms. 

(d) No member of the Trade 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 Trade to 
change his price terms by the use of intimidation, coercion, or any 
other influence inconsistent with the maintenance of the free and 
open market which it is the purpose of this Article to create. 

2. Costs and Price Cutting. — (a) The standards of fair competi- 
tion for the Trade with reference to pricing practices are declared 
to be as follows : 

(1) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any member of the Trade or of any 
otlier trade or industry or the customers of either may at any time 
complain to the Code Authority that any filed price constitutes 
unfair competition as destructive price cutting, imperiling small 
enterprise or tending toward monopoly or the impairment of code 
wages and working conditions. The Code Authority shall within 
five (5) days 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 
National Recovery Administration and a report thereon shall be 
made to the Board. 

(2) When no declared emergency exists as to any given product, 
there is to be no fixed minimum basis for prices. It is intended that 
sound cost estimating methods should be used and that consideration 
should be given to costs in the determination of pricing policies. 

(3) When an emergency exists as to any given product, sale 
below the stated minimum price of such product, in violation of 
Subsection (b) hereof, is forbidden. 

(b) Emergency Provisions : 

(1) If the Board, after investigation shall at any time find both 
(1) that an emergency has arisen within the Trade adversely affect- 
ing small enterprises or wages or labor conditions, or tending toward 
monopoly or other acute conditions which tend to defeat the pur- 
poses of the Act; and (2) tlmt the determination of the stated mini- 
mum price for a specified product/service within the Trade for a 



327 

limited period is necessary to mitigate the conditions constituting 
the emergency and to effectuate the purposes of the Act, the Code 
Authority may cause an impartial agency to investigate costs and 
to reconnnond to the Board a determination of the stated minimum 
l)rice of the product/service affected by the emergency and thereupon 
the National Industrial Recovery Board may proceed to determine 
such stated minimum ])rice. 

(2) When the Board shall have determined such stated minimum 
price for a specified product/service for a stated period, which price 
shall be reasonably calculated to mitigate the conditions of such 
emergency and to effectuate the purposes of the National Industrial 
Recovery Act, it shall publish such price. Thereafter, during such 
stated period, no member of the Trade shall sell such specified prod- 
ucts 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 reconnnend review or reconsideration 
or the Board may cause any determinations hereunder to be reviewed 
or reconsidered and appropriate action taken. 

3. Cost Finding and Accounting. — (a) Cost Finding. — The Code 
Authority shall cause to be formulated methods of cost finding and 
accounting capable of use by all members of the Trade, and shall 
submit such methods to the Board for review. If apjoroved by the 
Board, full information concerning such methods shall be made 
available to all members of the Trade. Thereafter, each member of 
the Trade shall utilize such methods to the extent found practicable. 
Nothing herein contained shall be construed to permit the Code 
Authority, any agent thereof, or any member of the Trade to sug- 
gest uniform additions, percentages or differentials or other uniform 
items of cost Avhich are designed to bring about arbitrary uniform- 
ity of costs or prices. 

X. Rules of Fair Practice 

1. No member of the Trade shall secretly offer or make any pay- 
ment or allowance of rebate, refund, commission, credit, unearned 
discount, or excess allowance, whether in the form of money or 
otherwise, nor shall a member of the Trade secretly offer or extend 
to any customer any special service or privilege not extended to all 
customers of the same class, for the purpose of influencing a sale. 

2. Uniform contracts and maximum terms of sale for each com- 
petitive area may be established by the Code Authority or its au- 
thorized agent after approval thereof by the Board, and any devia- 
tion from these contracts or any terms of sale in excess of such 
maximum terms shall constitute an unfair competitive practice. 

3. No member of the Trade shall accept any secret rebate, refund, 
commission, credit, unearned discount, or excess allowance, whether 
in the form of money or otherwise, not extended to all members of 
the Trade of the same class under like terms and conditions. 

4. No member of the Trade shall defame a competitor by falsely 
imputing to him dishonorable business 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. 

99613° — 34 15 



328 

5. No member of the Trade shall wilfully induce or attempt to 
induce the breach of existing contracts between competitors and 
their customers by any false or deceptive means, or interfere with or 
obstruct the performance of any such contractual duties or services 
by any such means, with the purpose and effect of hampering, injur- 
ing or embarrassing competitors in their business. 

6. No member of the Trade shall give, permit to be given, or 
directly offer to give, anything of value for the purpose of influencing 
or rewarding the action of any employee, agent, or representative 
of another in relation to the business of the employer of such em- 
ployee, the principal of such agent or the represented party, without 
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. 

7. No member of the Trade shall induce a competitor's salesman or 
credit man to leave his employment for the purpose of injuring a 
competitor's business. 

8. No member of the Trade shall publish advertising (whether 
printed, radio, display, or of any other nature) which is misleading 
or inaccurate in any material particular, nor shall any member of the 
Trade in any way misrepresent any builders supplies (including, but 
without limitation, its use, trade mark, grade, quantity, quality, 
origin, size, substance, character, nature, finish, material content or 
preparation) or credit terms, values, policies, services, or the nature 
or form of the business conducted. 

9. No member of the Trade shall agree or guarantee to furnish 
sufficient quantities of builders supplies for any building or con- 
struction operation at a lump sum price. 

10. No member of the Trade shall knowingly withhold from or 
insert in any quotation or invoice any statement that makes it in- 
accurate in any material particular. 

11. No member of the Trade shall publish or circulate unjustified 
or unwarranted threats of legal proceedings which tend to or have 
the effect of harassing competitors or intimidating their customers. 

12. No member of the Trade shall handle any builders supplies 
(1) which either do not comply with any and all standards, includ- 
ing, without limitation, standards as to quality, quantity, size and/or 
performance, as well as any and all labeling requirements, incor- 
porated in the separate apj)roved codes of industries/trades relating 
to such products as are handled by members of this Trade, or (2) 
which do not bear indication that they are non-standard, when stand- 
ards have been adopted for the types in question, or (3) which have 
not either been manufactured or sold by a vendor who does not rep- 
resent that he ip in fidl compliance with the approved code of fair 
competition, applicable to the industry or trade in which the vendor 
is engaged, nor shall any member of the Trade sell or offer to sell 
any goods to any contractor or consumer who has failed to comply 
with his respective code; provided that no meuiber of the Trade, 
exercising due diligence in such handling of builders supplies to 
comi)ly witli the provision hereof, shall be deemed in violation 
hereof. Delivery of a certificate of such vendor that he or it is com- 
plying in every particular with the code of fair competition appli- 



329 

cable to such vendor, the display of proper- N. R. A. insi<^iia or the 
publication in a newsjiaper or periodical of general criculation of 
such certificate of compliance or insi<Tnia shall constitute a jrood and 
sufficient representation of compliance hereunder. 

(a) Upon application, or upon its own motion, the Board may 
g^ant exceptions or exemptions from provisions hereof if it shall 
appear, (1) that the vendor of any such ijoods or services is not 
subject to a code of fair competition, agreement or licens(> approved 
under the Act; or (2) that compliance herewith would create undue 
hardshijj or injustice or would not tend to effectuate the purposes 
of this Code or the policy of the Act. 

(b) No member of the Trade shall make or cause to be presented 
or published any such representation which shall be false in any 
material particular. 

XI. 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. 

XII. Effective Date 

All provisions of this Code shall become effective and operative 
ten (10) days after the approval thereof by the President of the 
United States. 

XIII. Changes in the Code 

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

2. Such of the provisions of this Code as are not required to be 
included herein by the Act, may, with the approval of the Board, 
after such notice and hearing as it shall prescribe, be modified or 
eliminated in such manner as may be indicated by the needs of the 
public, by changes in circumstances, or by experience. 

Approved Code No. 87 — Auiendment No. 2. 
Registry No. 1013-3-02. 



Approved Code No. 159 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

DRY AND POLISHING MOP MANUFACTURING 

INDUSTRY 

As Approved on October 25, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Dry 
AND Polishing Mop 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, 19-S3, for approval of an amend- 
ment to a Code of Fair Competition for the Dry and Polishini; Mop 
Manufacturing Industry, and Notice of Opportunity to be Heard 
having been duly published thereon, and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, 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, Adnvinistpative Officer. 

Approval recommended : 
Kilbourne Johnston, 

Acting Division Adnmnistrator. 

Washington, D. C, 

October 25, 1031^. 

(331) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : An application has been duly made pursuant to and in full 
comi3liance with the provisions of the National Industrial Recovery 
Act for an amendment to the Code of Fair Competition for the Dry 
and Polishing Mop Manufaeturin*; Industry, submitted by the Code 
Authority for the Dry and Polishinf]^ Mop Manufacturing Industry. 

The i)urpose and effect of the amendment ar& to authorize the Code 
Authority to submit a budget and basis of as?^v\5sment upon which 
funds shall be contrilnited by members of the Industry. The amend- 
ment also deletes Sections 11 and 12 of Article VII which refer to 
filing of prices and sales below published prices. 

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 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 the industries, by avoiding undue 
restrictions of ])roduction (except as may be temporarily required) 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons, therefore, this Amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adiiunhtrative Officer. 
October 25, 1934. 

(332) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE DRY AND POLISHING MOP MANUFACTURING 



INDUSTRY 



Article VI 



Delete the present Section 2 (d) and substitute therefor the 
foUowin*;: 

(d) It bein^: 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 oblifrations as are necessary and 
proper for the foregoing purposes, and to meet such obligations out 
of funds which may be raised as hereinafter provided and which 
shall be held in trust for the purposes of the Code ; 

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

(3) After such budget and basis of contribution have been 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. 

(e) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the Industry complying with the code and contributing 
to the ex])enses of its administration as hereinabove provided, unless 
duly exempted from making such contributions, shall be entitled to 
participate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

(f ) The Code Authority shall neither incur nor pay any 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, excejit 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. 

(333) 



334 

Delete from the Code Section 11 of Article VII, which reads as 
follows : 

11. Published Prices. — Within ten (10) days each member of the 
Industry shall publish to the trade, and file with the Code Authority, 
a price list for all products of the Industry sold or offered for sale 
by him, together with the discounts and transportation allowances, 
if any, allowed therefrom, and fixed terms of payment ; w^hich price 
lists shall fully and accurately describe each product as to color, 
treatment and weight of yarn, type of individual packaging, and 
the finish of the handle, if included. Revised price lists or revised 
discounts or terms and conditions of sale may be filed and published 
from time to time thereafter by any member of the Industry, pro- 
vided, however, that such revision shall be published and filed with 
the Code Authority at least ten days in advance of the effective date 
thereof. Copies of revised price lists and discounts Avith notice of 
the effective date specified shall be sent immediately by the Code 
Authority to all known members of the Industry, who thereupon 
may file, if they so desire, revisions of their price lists and/or dis- 
counts, which may become effective upon the date wdien the revised 
price lists or discounts first filed shall go into effect. 

Delete from the Code, Section 12 of Article VII, which reads as 
f ollow^s : 

12. Sales helow Published Prices. — No member of the Industry 
shall sell or offer for sale any products of the Industry at prices 
lower than the prices noted in his price list or on more favorable 
terms and conditions of sale than the terms and conditions of sale 
previously published and filed by such member with the Code au- 
thority in accordance with the foregoing provisions and in effect at 
the time of such sale. 

Renumber present Sections 13, 14, 15 of Article VII to 11, 12, 13, 
respectively. 

Approved Code No. 159^ — Amendment No. 1. 
Registry No. 1609-05. 



Approved Code No. 369 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EXPANDING AND SPECIALTY PAPER PRODUCTS 

INDUSTRY 

As Approved on October 25, 1934 



ORDER 



Approvixg Amendment of Code of Fair Competition for the 
Expanding and Specialty Paper Products Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Expanding and Spe- 
cialty Paper Products Industry, and due notice and opportunity to 
be heard having been given thereon and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Offlcer, 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator, 

Washington, D. C. 

Octoher 25, 1934. 

(335) 



REPOET 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 Expanding and Specialty Paper Products Industry 
which was approved by you on March 26, 1934. 

The effect of this amendment will enable the Code Authority to 
submit a budget and basis of assessment and give it the power to 
institute legal proceedings, if necessary for the collection of said 
assessments. 

The Deputy Administrator in his final report on said amendment 
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 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 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. 

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 T and sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to propose the amend- 
ment on behalf of the Industry as a whole, 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Ad/nuiish'ative Officer. 
OcTuiJKR 25, 1934. 

(3^6) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE EXPANDING AND SPECIALTY PAPER PRODUCTS 
INDUSTRY 

Delete Article II Section 7 and substitute therefor: 
7. (a) It bein<j found necessary in order to support the adminis- 
tration of the Code and to maintain the standards of fair competi- 
tion established hereunder and to effectuate the policy of the Act, 
the Code Authority is authorized : 

1. To incur such reasonable obligations as are necessary and 
proper for the foregoing purposes, and to meet such obligations out 
of funds which may be raised as hereinafter provided and which 
shall be held in trust for the purposes of the Code. 

2. To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
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 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. 

(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 participation 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 
National Industrial Recovery Board; and no subsequent budget 
shall contain any deficiency item for expenditures in excess of prior 
budget estimates except those which it shall have so approved. 

Approved Code No. 3G9 — Amendment No. 1. 
Registry No. 409-08. 

(337) 



Approved Code No. 330 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SCRAP IRON, NONFERROUS SCRAP METALS AND 
WASTE MATERIALS TRADE 

As Approved on October 25, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Scrap 
Iron, Nonferrous Scrap Metals and Waste Materials 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 Scrap Iron, Nonferrous 
Scrap Metals and Waste Materials 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 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 amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions 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 Industriai> Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Robert L. Houston, 

Division AdrtvinistratoT. 

Washington, D. C, 

October 25, 193Jf. 

(339) 



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 Scrap Iron, Nonferrous Scrap Metals and Waste 
Materials Trade, on which a Notice of Opportunity to be Heard was 
published on September 10, 1934. 

This amendment provides for the assessment of the members of 
the Trade to support the cost of administration of the 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 proceedings in 
this matter : 

It 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 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 jDroduction (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 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 
;ind will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code ag 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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
AdTrvmistraMve Offtner. 
October 25, 1934. 

(340) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SCRAP IRON, NONFERROUS SCRAP METALS AND 
WASTE MATERIALS TRADE 

Article VI is hereby amended by deleting Section 4 and substi- 
tuting in lieu thereof the following: 

4. (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 Authorities are authorized : 

(1) To incur such reasonable obligations as are necessary and 
proper for the foregoing purposes, and to meet such obligations out 
of functs 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 its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary: 

(A) Itemized budgets of their estimated expenses for the fore- 
going purposes, and 

(B) Equitable bases upon which the funds necessary to support 
such budgets shall be contributed by members of the Trade. 

(8) After such budgets and bases 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 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 Authorities 
determined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the National Industrial Recovery 
Board. Only members of the Trade complying with the Code and 
contributing to the expenses of its administration as hereinabove pro- 
vided, unlet^s duly exempted from making such contributions, shall 
be entitled to participate in the selection of members of the Code 
Authorities or to receive the benefits of any of their voluntary activi- 
ties or to make use of any emblem or insignia of the National 
Recovery Administration. 

(c) The Code Authorities shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in 
their approved budgets, and shall in no event exceed the total amount 
contained in the approved budgets, except upon approval of the Na- 
tional Industrial Recovery Board; and no subsequent budgets 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. 330 — Amendment No. 1. 
Registrar No. 1632-27. 



(341) 



Approved Code No. 268 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SECONDARY ALUMINUM INDUSTRY 

As Approved on October 25, 1934 



ORDER 



Appro\ing Amendment of Code of Fair Competition for the 
Secondary Aluminum 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 an amend- 
ment to a Code of Fair Competition for the Secondarv Aluminum 
Industry, and NOTICE OF OPPORTUNITY TO BE HEARD, 
Administrative Order 268-5, dated September 10, 1934, having been 
published and no objection having been filed as provided in said 
published notice, and the annexed report on said amendment con- 
taining findings with respect thereto, having been made and directed 
to the President. 

NOW. THEREFORE, on behalf of the President of the United 
States, 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 hereb}^ 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 proAdsions and will promote the policy 
and purposes of said Title of said Act, and do hereby order tliat 
said amendment be and it is hereby approved, and 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 amend- 
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, Administrative Officer, 

Approval recommended: 
W. P. Ellis, 

Acting Divisicm Administrator. 

Washington, D. C, 

October 25, 1931^, 

00613*— 34 16 (343) 



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 an Amendment to the Code of Fair Competition for the 
Secondary Aluminum Industry, submitted by the Code Authority 
for the said Industry. 

The existing provision of Article VI, Section (e) of the Code for 
the said Industry, is entirely inadequate in view of Executive Order 
6678 and Administrative Order X-36, and it is therefore evident that 
the amendment to Article VI of said Code, the provisions of which 
closely follow the text of the above mentioned Orders, will overcome 
the existing inadequate provisions. 

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 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 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 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. 

(344) 



(e) Those engager! in other steps of the economic process have not 
amTndm^n7 "^^^ ^"^ ^^ ^^^^''^ ^"'''' ^"^ approval of said 

For these reasons, therefore, we have approved this amendment. 
J^or the National Industrial Recovery Board: 

G. A. Lynch, 
October 25, 1934. Adminietrative Officer. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SECONDARY ALUMINUM INDUSTRY 

Section (e), Article VI shall be stricken from the Code of Fair 
Competition for the Secondary Aluminum Industry and the fol- 
lowing inserted in lieu thereof: 

Section (e). 1. It being found necessary in order to support the 
administration of this Code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of the 
Act, the Code Authority is authorized : 

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

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

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

2. Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the Industry complying with the Code and contributing 
to the expenses of its administration as hereinabove provided, (unless 
duly exempted from making such contributions), shall be entitled to 
participate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make 
use of any emblem or insignia of the National Recovery 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. 

Section (g) (7) of Article VI shall be deleted and the numbering 
of Section (g) (8) of Article VI shall be changed to read Section 
(g) (7) of Article VI. 

Approved Code No. 268 — Amendment No. 1. 
Registry No. 1203-1-03. 

(346) 



Approved Code No. 393 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SOFT FIBRE MANUFACTURING INDUSTRY 

As Approved on October 25, 1934 



ORDER 



Approving Amendment of Code or Fair Competition for the 
Soft Fibre 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 amend- 
ments to a Code of Fair Competition for the Soft Fibre Manufac- 
turing Industry, and an opportunity to be heard thereon having 
been given and the annexed report on said amendments, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, j)ursuant to au- 
thority 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 amend- 
ments 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 
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 the National Indus- 
trial Recovery Board issues a subsequent Order to that effect. 

National Industrial, Recovery Board, 
By G. A. Lynch, Administrative Ofjicer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

October 25, 1931^. 

r . (347) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on amendments to the Code of Fair Competi- 
tion for the Soft Fibre Manufacturing Industry. Notice of Oppor- 
tunity to be Heard on these amendments was published on Septem- 
ber 25, 1934; no objections were received within the given fifteen 
(15) day period ending October 9, 1934. The amendments, which 
are attached, were presented by duly qualified and authorized repre- 
sentatives of the Industry, complying with statutory requirements, 
and being the duly constituted Code Authority under the provisions 
of the said Code for the said Industry. 

These amendments provide (1) for alternates for each member 
of the Code Authority, (2) the period for which members of the 
Code Authority shall serve, (3) for the liability of members of the 
Code Authority, and (4) for the submission of supplementary provi- 
sions to this Code. 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on said amendments to said Code having 
found as herein set forth, and on the basis of all the proceedings in 
this matter; 

The National Industrial Recovery Board finds 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 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 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 
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. 

(348) 



349 

(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 tliem. 

(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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Admimst7'ative Ojjicer, 
October 25, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SOFT FIBRE MANUFACTURING INDUSTRY 

Section 1 (a) of Article VI of the Code is hereby deleted, and the 
following is hereby substituted : 

(a) The Code Authority shall consist of six members and an 
alternate for each of said members, of whom five and their alternates 
shall be elected by the Soft Fibre Manufacturers' Institute and one 
and his alternate shall be elected by the members of the Industry 
who are not members of the Soft Fibre Manufacturers' Institute, but 
who have become entitled to participate in and share the benefits of 
the Code Authority. In each case the method of election shall be 
submitted for the approval of the National Industrial Recovery 
Board. Each alternate shall be elected to act for a designated mem- 
ber of the Code Authority in the absence or disability of said member. 

Section 1 (b) of Article VI of the Code is hereby deleted, and the 
following is thereby substituted : 

(b) Each member of the Code Authority and his alternate shall 
serve for one year and thereafter until their successors are selected 
as above provided. The death or resignation of a member of the 
Code Authority shall automatically create a vacancy in the office of 
his alternate. In case of vacancy created by death or resignation 
the vacancy shall be filled in the same manner as original members 
ancl/or alternates were selected. 

Section 5 of Article VI of the Code is hereby deleted, and the 
following is thereby substituted : 

5. Nothing in this Code shall constitute the members and/or alter- 
nates of the Code Authority partners for any purpose, nor shall any 
member or alternate of the Code Authority be liable in any manner 
to anyone for any act of any other member, alternate, officer, agent, 
or employee of the Code Authority, nor shall any member or alter- 
nate 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 mal- 
feasance, misfeasance, or non-feasance. 

Amend Article VII by adding at the end of Section 2 thereof the 
following : 

It is contemplated that from time to time supplementary provi- 
sions to this Code or additional Codes may be submitted in behalf 
of the Industry or various subdivisions thereof for the approval of 
the National Industrial Recovery Board. 

Approved (VkIp No. 30."? — Auientlmeiit No. 2. 
Registry No. 242^-1-02. 



Ci^so) 



Approved Code No. 249 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TAG INDUSTRY 

As Approved on October 25, 1934 



ORDER 



Approving Amendment of Code of Fair CoMPp:TrrioN for the Tag 

iNDUSTliY 

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 Tag Industry, and due notice 
and opportunity to be heard having been given thereon, and the an- 
nexed report on said amendments, containing findings Avith 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 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 
ap])roval and such amendments 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 Board issues a 
subsequent order to that effect. Order No. 249-5 is hereby rescinded. 

National, Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

October 25, 1931^. 

(351) 



HEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on amendments to the Code of Fair Com- 
petition for the Tag Industry, which was approved by you on 
February 1, 1934. 

Article I : The definition of " member " is enlarged. 

Article II, Section 2: Prohibits any inequitable restrictions- on 
membership on the part of any trade or industrial association which, 
directly or indirectly participates in the selection or activities of the 
Code Authority and provides further for a check on all rules and 
regulations of such bodies by the National Industrial Recovery 
Board. 

Article II, Section 4: Places in the National Industrial Recovery 
Board the power to halt any action on the part of the Code Author- 
ity if such action is deemed to be unfair, unjust or contrary to the 
public interest. 

Article II, Section 5: Provides for the mechanism of assessing 
members of the industry for the support of the functions carried 
on by the Code Authority as authorized in the Code. 

Article II, Section 8 : Provides the mechanism for coordination 
of trade practices between the Tag Industry and other industries. 

Article II, Section 9 : Limits the liability of any members of the 
Code Authority to his own wilfull misfeasance or nonfeasance. 

Article IV, Section 6: Provides for the employment of handi- 
capped persons. 

Article V, Section 5 : Provides for the posting of labor provisions 
in conspicuous places accessible to all employees. 

Article V, Section 7 : Prevents any member of the industry from 
applying the labor provisions as to hours and wages on projects by 
competent governmental authorities when such projects are carried 
out under hours lower and wage rates higher than those provided in 
the Code. 

Article V, Section 9 : Provides for the prohibition of homework 
after January 1, 1935, and for the minimum wage rates to be paid to 
homeworkers until then. The provision permits sufficient time to 
adjust to the complete elimination of homework. 

Article VII, Section 15 : Exempts export trade from the provisions 
of this article. 

Article VII, Sections 1 and 2 : Authorizes the Code Authority to 
request statistical data and information essential for the functioning 
of the Code Authority and provides for a checking of the accuracy 
of data submitted by an impartial agency if substantial doubt exists 
as to its accuracy. But in no case may information so examined be 
disclosed to competitors in identifiable form. 

(352) 



353 

Article VII, Section 5 : Provides for the ssubMiissioii of data to such 
Federal ajroncies as tho National Industrial Kocoverv l^oai-d shall 
desi<2,nate. 

The Deputy Adniinisti'atoi- in his linal re^x)!! on said amendments 
to said Code liavin«j: found as herein set forth and on the basis of all 
the ])i-<)ceedin<rs in this matter: 

Tiie Board hnds that : 

(a) The amendments to said Code and the Code as amended are 
well desi<>:ned to promote the policies and purposes of Title I of 
the National Industrial Recovery Act inchulin*^ the removal of 
obstructions to the free flow of interstate and foreij^^n commerce 
which tend to diminish the amount thereof, and will provide for the 
•reneral welfare by promoting the organization of industry for the 
purjjose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and re- 
lieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent 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 
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 gaid 
amendments. 

For these reasons these amendments have been approved. 
For the National Industrial Recovery Board: 

G. A. LrNCH, 
Administrative Officer, 
October 25, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE TAG INDUSTRY 

Article I definition of " member " is hereby amended as follows : 

"■ Member " Includes, but without limitation, any individual, part- 
nershij), association, corporation or other form of enterprise engaged 
in the Industry, either as an employer or on his or its own behalf. 

Article II of the Code is hereby amended : 

By the deletion therefrom of Section 2 and the substitution there- 
for of a new Section 2 as follows : 

Section 2. 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 when made thereto, together with such other informa- 
tion as to membership, organization, and activities as the National 
Industrial Recovery Board may deem necessary to effectuate the 
purposes of the Act. 

By the deletion therefrom of Section 4 and the substitution there- 
for of a new Section 4 as follows : 

Section 4. The Code Authority is charged generally with the duty 
of administering this Code. If the National Industrial Recovery 
Board shall at any time determine that any action of a Code Au- 
thority 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 ap- 
proves or unless it shall fail to disapprove after thirty (30) days' 
notice to it of intention to proceed with such action in its original 
or modified form. 

By the deletion therefrom of Section 5 and the substitution there- 
for of a new Section 5 as follows : 

Section 5. (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 nuiy be raised as hereinafter provided and Avhich 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 (a) an itemized budget of its estimated expenses 
for the foregoing purposes, and (b) an equitable basis upon which 



355 

the funds iieceasary to support such budo^t shall be contributed by 
members of the Industry. 

3. After such budget and basis of contribution 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 proceed- 
ings therefor in its own name. 

(b) Each member of the Industry shall pay his or its e(|iiitable 
contribution to the expenses of the nuiintenance of the Code Au- 
thority, 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 mem- 
bers of the Code Authority or to receive the benefits of any of its 
voluntary activities or to make use of any emblem or insignia of 
the National Recovery Administration. 

(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 
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. 

Bv the addition of new Sections 8 and 9 as follows : 

Section 8. The Code Authority may appoint a Trade Practice 
Committee which shall meet with the Trade Practice Committees 
under such other Codes as may be related to this Industry for the 
purpose of formulating Fair Trade Practices to govern the relation- 
ships between i)roduction and distribution employers under the Code 
and under such others to the end that such Fair Trade Practices may 
be proposed to the National Industrial Recovery Board as amend- 
ments to this Code and such other Codes. 

Section 9. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose ; nor shall 
any member of the Code Authority be liable in any manner to anj^one 
for any act of any other member, officer, agent, or employee of the 
Code Authority ; nor shall any member of the Code Authority, exer- 
cising reasonable diligence in the conduct of his duties hereunder, 
be liable to anyone for any action or omission to act under this Code, 
except for his own wilful malfeasance or nonfeasance. 

Article IV of the Code is hereby amended : 

By the deletion therefrom of Section 6 and the substitution there- 
for of a new Section 6 as follows: 

Section 6. A person whose earning capacity is limited because of 
age or physical or mental handicap or other infirmity may be em- 
ployed on light work at a wage below the minimum established by 
this Code if the employer obtains from the State authority desig- 
nated by the United States Department of Labor a certificate author- 
izing his employment at such wages and for such hours as shall be 
stated in the certificate. Such authority shall be guided by the in- 



356 

structions of the United States Department of Labor in issuing cer- 
tificates to such persons. Each employer shall file monthly with 
the Code Authority a list of all such persons employed by him show- 
ing the wages paid to, and the maximum hours of work for such 
employees. 

Article V of the Code is hereby amended : 

By the deletion therefrom of Section 5 and the substitution there- 
for of a new Section 5 as follows : 

Section 5. All employers shall post and keep posted copies of the 
labor provisions of this Code in conspicuous places accessible to all 
employees. Every member of the Industry shall comply with all 
rules and regulations relative to the posting of provisions of Codes 
of Fair Competition which may from time to time be prescribed by 
the National Industrial Recovery Board. 

By the deletion therefrom of Section 7 and the substitution there- 
for of a new Section 7 as follows : 

Section 7. No provision of this Code shall supersede provisions 
as to hours, wages, and conditions of emplojanent which are estab- 
lished for specific project by competent governmental authority act- 
ing in accordance with law, or to terms of employment which are 
established by labor agreements now in force, as to wages w^here 
Avages are higher; as to hours where hours of labor are shorter; as 
to wages and hours of labor where wages are higher and hours of 
labor are shorter than those set forth in this Code. 

By the deletion therefrom of Section 9 and the substitution there- 
for of a new Section 9 as follows : 

Section 9. The manufacture or partial manufacture of any 
product of the Industry in homes is prohibited after January 1, 
1935. Prior to January 1, 1935, the following provisions shall 
govern home work in the Industry : 

(a) Within five (5) days after the effective date of this amend- 
ment, the Code Authority shall prescribe a schedule of rates to be 
paid for all home work operations and submit the same to the Na- 
tional Industrial Recovery Board. In no event shall such schedule 
prescribe rates Avhich will yield a home worker for an hour's work 
less than eighty (80) per cent of the minimum rates of wages pre- 
scribed in Article. IV of this Code. After the aforementioned five 
day period and prior to November 1, 1934 no home worker shall be 
paid at rates less than those contained in such schedule. The Code 
Authority shall furnish every home worker employed in the Indus- 
try W'ith a copy of such schedule and a copy of this amendment. 

(b) Within ten (10) days after the effective day of this amend- 
ment the Code Authority shall prescribe a second schedule of rates 
to be paid for all home work operations and submit the same to the 
National Industrial Recovery Board. In no event shall such sched- 
ule prescribe rates which will yield a home worker for an hour's 
work less than the minimum rates of wages prescribed in Article IV 
of this Code. After November 1, 1934 no home worker shall be paid 
at rates less than those contained in such schedule. The Code 
Authority shall furnish every home worker employed in the Industry 
with a copy of such schedule. 

(c) Each member of the Industry shall submit to the Code Author- 
ity within five (5) days after the effective date of this amendment 



357 

and on the first day of each month thereafter, the following reports: 

1. The names and addresses of every home worker employed by 
such member, together with evidence that he has complied Avith all 
State, municipal, and other laws, including the wage provisions of 
this Code, pertaining to home work. 

2. A progress report on the installation of machinery in accordance 
with the plan submitted by such member and approved by the Code 
Authority. 

The Code Authority shall submit such reports by members to the 
National Industrial Recovery Board prior to the fifth day of each 
month. 

Article VI is hereby amended : 

By the addition of a new Section 15 as follows: 

Section 15. No provision of this Article, 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 VII is hereby amended : 

By the deletion therefrom of Section 1 and the substitution there- 
for of a new Section 1 as follows : 

Section 1. Each member shall prepare and file with an impar- 
tial agent designated by the Code Authority at such times and in 
such manner as it may prescribe, such statistics, data, and infor- 
mation relating to plant capacity, volume of production, volume of 
sales in units and dollars, orders received, unfilled orders, stocks on 
hand, inventory both raw and finished, number of employees, wage 
rates, employee earnings, hours of work and other matters, as the 
Code Authority or the National Industrial Recovery Board may 
from time to time require. Any or all information so furnished 
by any member shall be subject to checking for the purpose of veri- 
fication by an examination of the books, accounts, and records of 
such member by a disinterested party acceptable to both the member 
and the Code Authority. If these two cannot agree, then the Na- 
tional Industrial Recovery Board shall have the right to choose one. 

By the addition of a new Section 2 as follows : 

Section 2. Each member of the Industry shall keep accurate and 
complete records of such member's transactions in the Industry 
whenever such records may be required under any of the provisions 
of this Code, and shall furnish accurate reports based upon such 
records concerning any of such activities when required by the Code 
Authority or the National Industrial Recovery Board. If the Code 
Authority or the National Industrial Recovery Board shall deter- 
mine that substantial doubt exists as to the accuracy of any such 
report, so much of the pertinent books, records and papers of such 
member as may be required for the verification of such report may 
be examined by an impartial agency agreed upon between the Code 
Authority, and such member, or, in the absence of agreement, ap- 
pointed by the National Industrial Recovery Board. In no case 
shall the facts disclosed by such examination be made availal)le in 
identifiable form to any competitor, whether on the Code Autlior- 
ity, or otherwise, or be given any other publication, except such as 
may be required for the proper administration or enforcement of 
the provisions of this Code. 



358 

Section 2 to be re-numbered as Section 3, Section 3 to be re-num- 
bered as Section 4, the deletion therefrom of Section 4 and the addi- 
tion of a new Section 5 a3 follows : 

Section 5. 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 National Industrial 
Recover}^ Board may deem necessary for the purposes recited in 
Section 3 (a) of the Act to such Federal and State agencies as it 
may designate ; provided that nothing contained in this Code shall 
relieve any member of the Industry of any existing obligations to 
furnish reports to any Government agency. No individual report 
shall be disclosed to any other member of the Industry or any other 
party except to such other Governmental agencies as may be directed 
by the National Industrial Recovery Board. 

Approved Code No. 249 — Aiueiulment No. 1. 
Registry No. 404-1-O7. 



Approved Code No. 116 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOP STICK INDUSTRY 

As Approved on October 26, 1934 



ORDER 



Approvixg Amendment of Code of Fair Competition for the Mop 

Stick 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, api^roved Jiuie 16. 1933, for approval of an amend- 
ment to'the Code of Fair Competition for the Mop Stick Industry, 
and due consideration having been given thereon and the annexed 
report on said amendment, co 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, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said code com- 
plies in all respects with the pertinent provisions and will promote 
the policies and jiurposes 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, 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 said Board before 
that time and the Board issues a subsequent Order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Ojjicer. 

Approval recommended : 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

October 26, 1934. 

99613°— .34 17 ' ,„_„, 



REPORT TO THE PRESIDENT 

The President, 

The White Hovjse. 

Sir: This is a report on the amendment to the Code of Fair 
Competition for the Mop Stick Industry, which has been submitted 
in accordance with Executive Order No. 6678. 

This amendment enables the Code Authority to incur such rea- 
sonable obligations as are necessary to support the administration 
of the code and to maintain the standards of fair competition 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 amendment. 

The Deputy Administrator in his final report to us on said amend- 
ment of 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 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 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action among trade groups by inducing 
and maintaining united action of labor and management under ade- 
quate governmental sanction and supervision, by eliminatino; 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 the standards of labor, and by other- 
wise 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. 

(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. 

(360) 



361 

(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. 

For the National Industrial Kecovery Board : 

G. A. Lynch, 

_ Administrative OJficer, 

October 26, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MOP STICK INDUSTRY 

Amend Article VI, Section 2, Subsection (e) by deleting the pres- 
ent text and substituting 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 estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized : 

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

(b) To submit to the 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 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 
proceedings therefor in its own name. 

2. Each member of the industry shall pay his or its equitably 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 National Industrial Recovery 
Board. Only members of the industry complying with the code and 
contributing to the expenses of its administration as hereinabove pro- 
vided, (unless duly exem])ted 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 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. 

Approved Code No. 116 — Anieiuliiunt No. i. 
Registry No. 32»-U2. 



(3G2) 



Approved Code No. 20 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOK THE 

SALT PRODUCING INDUSTRY 

As Approved on October 26, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Salt 
Producing 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, 1983, for approval of an amend- 
ment to a Code of Fair Competition for the Salt Producing Industry, 
and an opportunity to be heard having been afforded all interested 
parties 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 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 amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Reco\'ery Board, 
By G. A. Lynch, Adniinisti^ative Officer. 

Approval recommended : 
Joseph F. Battley, 

Acting Division Adnninistrator^ 

Washington, D. C, 

Octoher '26, 1934. 

(363) 



REPOET 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 Salt Producing Industry. An opportunity to be 
heard has been duly afforded to all interested parties. 

This amendment provides for the addition of two paragraphs to 
Article V, which allow the Code Authority for this Industry, to 
incorporate under the laws of any State of the United States or the 
District of Columbia. 

FINDINGS 

The Acting Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said amendment to said Code 
having found as herein set forth and on the basis of the proceedings 
in this matter the National Industrial Recovery 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 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 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 Salt Producing Industry Code Com- 
mittee 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. 

(304) 



365 

(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. 

For The National Industrial Recovery Board : 

G. A. Lynch, 

Administrative Oijicer, 
October 26, 1934 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
SALT PRODUCING INDUSTRY 

Add to Article V, tAvo paragrapli^ designated and reading as 
follows : 

(g) The Code Committee may incorporate under the laws of any 
State of the United States or of the District of Columbia, such 
incorporation to be not for profit and to be known as " Salt Produc- 
ing Industry Code Committee, Inc."; provided that the powers, 
duties, objects and purposes of the said Corporation shall, to the 
satisfaction of the National Industrial Recovery Board, be limited 
to the powers, duties, objects and purposes of the Code Committee 
as provided in the Code ; provided further that the Code Committee 
shall submit to the National Industrial Recovery Board for its ap- 
proval its proposed certificate of incorporation and proposed By- 
Laws, and no amendment of either shall be made without the like 
prior approval of said Board. 

(h) If at any time, the National Industrial Recovery Board shall 
deleimine that the corporate status assumed by the Code Committee 
is interfering with the proper exercise of its powers and duties under 
this Code, or with the eifectuation of the policies or purposes of the 
Act, it may, after such notice and hearing as it may deem necessary, 
require an appropriate modification of the structure of the Corpora- 
tion (if consistent with the law of the State of Incorporation), the 
substitution of a corporation created under the laws of another State 
in the same manner as the existing Code Committee, the substitution 
of a non-corporate Code Committee truly representative of the In- 
dustry or such other actions as it may deem expedient. 

Approved Code No. 20 — Amendment No. 1. 
Registry No. 140-1-01. 



(366) 



Approved Code No. 405 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SHOE LAST AND SHOE FORM INDUSTRIES 

As Approved on October 26, 1934 



ORDER 



AppRO^^XG Atviendment of Code of Fair Competition for the Shoe 
Last and Shoe Form Industries 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recoveiy Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Shoe Last and Shoe 
Form Industries, and due consideration having been given thereon 
and the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President : 

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 com- 
plies in all respects with the pertinent provisions 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, 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 said Board 
before that time and the Board issues a subsequent Order to that 
effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Admlnhtrative Officer. 

Approval recommended : 
W. P. Ellis, 

Acting D'tvlsion Admirvistrator. 

Washington, D. C, 

October 26, 1934. 

(367) 



EEPOET 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 Shoe Last and Shoe Form Industries, which has 
been submitted in accordance with Executive Order No. 6678. 

This amendment enables the Code Authority to incur such reason- 
able obligations as are necessary to support the administration of 
the code and to maintain the standards of fair competition 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 amendment. 

The Deputy Administrator in his final report to us on said amend- 
ment of 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 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 gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion 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 aanendment 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. 

(368) 



369 

(e) Those en<zan:ed 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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer, 
October 26, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SHOE LAST AND SHOE FORM INDUSTRIES 

Amend Article VI, A, Section 6, by deleting the present text and 
substituting in lieu thereof the following: 

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, the Code Authority or any Administrative Agency ©iterating 
under a Supplementary Code 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 members of 
the industry, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

(b) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, or Administrative Agency, determined as hereinabove pro- 
vided, and subject to rules and regulations pertaining thereto is- 
sued by the National Industrial Recovery Board. Only members of 
the industry complying with the code and contributing to the ex- 
penses of its administration as hereinabove provided, unless duly 
exempted from making such contributions, shall be entitled to par- 
ticipate in the selection of members of the Code Authority, or Admin- 
istrative Agency, 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, or Administrative Agency 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 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 said Board 
shall have so approved. 

(d) Nothing in the foregoing paragraphs shall prohibit the Code 
Authority from requesting voluntary contributions from any Admin- 
istrative Agency to cover services of the Code Authority Secretary 
and Treasurer properly chargeable to said Administrative Agency. 

Approved Code No. 405 — Amendment No. 1. 
Registry No. 322-01. 

(370) 



Approved Code No. 201 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALING OR DISTRIBUTING TRADE 

As Approved on October 26, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for 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, 1938, for approval of an amend- 
ment to a Code of Fair Competition for the Wholesaling or Dis- 
tributing Trade, and notice of opportunity to be heard having been 
duly 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive 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 constitut-ed 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, such 
approval and such amendment to take effect fifteen (15) days from 
the date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board before that time and the Na- 
tional Industrial Recovery Board issues a subsequent order to that 
effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Adjiiinistratlve Q-fficer. 

Approval recommended: 
Robert L. Houston, 

Division Adtninistrator. 



Washington, D. C, 

October 26, 1934. 



(371) 



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 Wholesaling or Distributing Trade, said Code being 
Approved Code No. 201, approved by you on January 12, 1934. 

This Code has been amended by striking out Section 4 of Article 
VI and inserting a new section which will empower the General 
Code Authority for the above Trade to submit a budget and basis of 
contribution for each member of the Trade and to obtain equitable 
contributions from all members of the Trade. 

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; 

It 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 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and 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 
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 w^ill 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 
this amendment to the Code. 

For these reasons the amendment to the above-named Code has 
been approved. 

For the National Industrial Recovery Board : 

G. A. Lynch, 

Administrative Officer. 
October 26, 1934, 

(372) 



i 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WHOLESALING OR DISTRIBUTING TRADE 

The Code of Fair Competition for the Wholesaling or Distributing 
Trade is hereby amended by strikino; out Section 4 of Article VI and 
inserting a new Section 4 reading as follows : 

Section 4. Payment of Cost of Code Administration . — (a) It 
being found necessary in order to support the administration of this 
Code and to maintain the standards of fair competition established 
under this Code and to effectuate the policy of the Act, the General 
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 (i) an itemized budget of its estimated expenses 
for the foregoing purposes, and (ii) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of the Trade; 

(3) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, 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 proceed- 
ings therefor in its own name. 

(b) Each member of the Trade not governed by a specific Sup- 
plementary Code for the particular commodity division in which he 
or it operates shall pay his or its equitable contribution to the ex- 
penses of the maintenance of the General Code Authority direct to 
the General Code Authority, and each member of the Trade oper- 
ating within a specific commodity division for which has been ap- 
|)roved a Supplementary Code shall pay his or its equitable contri- 
bution to the expenses of the maintenance of the General Code 
Authority through the Divisional Code Authority administering the 
Supplementary Code governing the commodity division within which 
such member of the Trade operates, and each Divisional Code Au- 
thority as such shall pay its equitable contribution to the expenses 
of the maintenance of the General Code Authority, determined as 
hereinabove provided, and subject to rules and regulations pertain- 
ing thereto issued by the National Industrial Recovery Board. Only 
members of the Trade complying with the General Code and con- 
tributing to the expenses of the administration of the said Code as 
hereinabove provided, unless duly exempted from making such con- 
tributions, shall be entitled through such Divisional Code Authori- 
ties, or as otherwise provided, to participate in the selection of 
members of the General Code Authority or to receive the benefits 

(373) 



374 

of any of the voluntary activities of said Code Authority or to 
make use of any emblem or insignia of the National Recovery 
Administration. 

(c) The General 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 
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. 201 — Amendment No. 1. 
Registry No. 1625-59. 



Approved Code No. 318 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WRECKING AND SALVAGE INDUSTRY 

As Approved on October 26, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Wrecking and Salvage 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, 1938. for approval of amendments 
to a Code of Fair Competition for the Wrecking and Salvage Indus- 
try, and hearings having been duly held thereon and the annexed 
report on said amendments, containing findings with respect thereto, 
having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 amendments 
and the Code as constituted after being amended comply in all 
res])ects with the pertinent provisions and will promote the polic}^ 
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 fifteen (15) 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 Recov- 
erv Board issues a subsequent order to that effect: 

PROVIDED. HOWEVER, that the proposed amendment which 
would add the States of Arkansas and Texas to those at present set 
forth in Section 1. Paragraph C of Article IV of the Code is hereby 
denied and the present provision of said Section and Paragraph of 
Article IV is to remain in full force and effect. 

National Industrial Recovery Board, 
By G. A. Lynch, AdTninistrative 0-fficer. 

Approval recommended : 
Walter G. Hooke, 

Aoting Division AdmAnistrator, 

Washington, I). C. 

Octoler "26, 1931^. 
99613°— 34 18 (375) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on Amendments to the Code of Fair Compe- 
tition for the Wrecking and Salvage Industry, as approved by the 
Administrator for Industrial Recovery on March 3, 1934. 

The purpose of the Amendments as approved is to define, for this 
Industry, the Metropolitan area of the City of New York. The fur- 
ther purpose of the Amendments is to enable the Code Authority to 
submit a budget and basis of assessment and to give it power to 
institute legal proceedings, if necessary, for the collection of assess- 
ments, to provide for the registration of members of the Industry 
and other features that will materially aid in the effective adminis- 
tration of this Code. 

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

The National Industrial Recovery Board finds 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 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. 

For these reasons these Amendments have been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
AdTmnistrative Ojjioer* 
October 26, 1934. 

(376) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WRECKING AND SALVAGE INDUSTRY 

1. To modify Article II by adding the following section to be 
known as 12: 

12. The term " metropolitan area of the City of New York " 
is defined to mean the area within the territorial limits of the 
City of New York. 

2. To amend Article III by the addition of the following section, 
to be known as 7 : 

7. No employer shall knowingly permit any employee to work 
for any time which, when added to the time spent at w^ork for 
another employer or employers in this industry (or otherwise), 
exceeds the maximum permitted hours, 

3. Article IV to be amended as follows : 

(a) Amend 1 (c) to read: 

(c) Thirty cents (30^) per hour in the States of Alabama, 
North Carolina, South Carolina, Georgia, Florida, Mississippi, 
Louisiana, Tennessee, Arkansas and Texas. 

(b) To add the following section to be known as 6: 

6. Wages as they become due shall be payable in lawful cur- 
rency of the United States, or by negotiable check therefor 
payable on demand at par. If wages are paid by check, the 
employer shall provide reasonably accessible facilities for cash- 
ing such checks at face value without expense to the employee. 
Employers shall also provide such identification as is necessary 
to utilize such facilities. These wages shall be exempt from 
any payments for pensions, insurance or sick benefits other than 
those voluntarily paid by the wage earners, or required by law. 
Wages shall be paid at least semi-monthly. Employers or their 
agents shall not accept, directly or indirectly, rebates on such 
wages, nor give anything of value, nor extend any favors to any 
persons for the purpose of influencing rates of wages or working 
conditions of their employees. 

(c) Amend 3 (c) by adding the following sentence: 

The employment of persons whose earning capacity is limited 
because of age or physical or mental handicap, shall be subject 
to rules and regulations approved or prescribed by the President. 

4. To amend Article V, as follows: 
(a) Substitute a new 5, to read: 

5. No provision in this Code shall supersede any State or 
Federal law which imposes on employers more stringent re- 
quirements as to age of emploj^ees, 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. 
Every employer shall comply with the Workmens Compensation 
laws of the State in which operations are carried on. 

(377) 



378 

(b) Substitute a new 7, to read: 

7. All employers shall post and keep posted copies of this 
Code in conspicuous places accessible to all employees at both 
yard and site. Every member of the industry shall comply 
with all rules and regulations relative to the posting of pro- 
visions of the Code of Fair Competition, which may from time 
to time be approved or prescribed by the National Industrial 
Recovery Board. 

(c) Delete 8 making 9 and 10 become 8 and 9. 

(d) Substitute a new 9 to read: 

9. 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 substituted by 
the Code Authority to the National Industrial Recovery Board 
within sixty days after the effective date of this Amendment. 
After approval, such standards shall become the minimum stand- 
ards of safety and health for all members of this Division. 
5. To amend Article VI, as follows : 

(a) Substitute a new 5, to read: 

5. If the National Industrial Recovery Board shall at any 
time determine that any action of the Code Authority or any 
agency thereof may be unfair or unjust or contrary to the pub- 
lic interest, the National Industrial Recovery Board may require 
that such action be suspended to afford an opportunity for in- 
vestigation 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 National Industrial Re- 
covery Board approves or unless it shall fail to disapprove after 
thirty (30) days' notice to it of intention to proceed with such 
action in its original or modified form. 

(b) Amend 6 (d) by adding the following sentence: 

Provided that nothing herein shall relieve the Code Authority 
of its duties or responsibilities under this Code. 

(c) Delete (g) and (h) of 6, and (i), (j), (k) and (1) becoming 
(g). (h), (i) and (j). 

(d) Substitute a new 7, to read: 

7. 1. It being found necessary in order to support the admin- 
istration of this code and to maintain the standards of fair com- 
petition astablished 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 
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 contributicm have been 
approved by the National Industrial Recovery Board, to de- 
termine and obtain equitable contribution as above set forth by 



379 

all members of tho industry, anrl to thnt ond. if nocossary, to 
institute lejial proceedinirs therefor in its own name. 

2. Each member of tho 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 re<;ulations pertaining thereto issued by the Adminis- 
trator or the National Industrial Recovery Board. Only mem- 
bers of the industry complying' with the code and contributing 
to the expenses of its administration as hereinabove provided, 
(unless duly exempted from making such contribution) shall be 
entitled to participate in the selection of members of the Code 
Authority or to receive the benefits of any of its voluntary 
activities or to make use of any emblem or insignia of the 
National Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated 
in its approved budget, 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. 

(e) To add a new section, to be known as 8 : 

8. Each member of the industry within thirty (30) days 
after the approval of the amendments to this code shall register 
with the Code Authority. All members of this industry who 
may engage in this industry thereafter shall likewise register 
with the Code Authority. Registration of a member of this 
industry shall include the full name and mailing address of the 
member. An application shall be made by the Code Authority 
to the National Industrial Recovery Board for an extension of 
the time limit for the registration by any member of this in- 
dustry, if it appears that the time limit as provided herein might 
cause injustice or undue hardship to any member of this 
industry. 

(f ) Add a new section, to be known as 9 : 

9. Nothing contained in this Code shall constitute the mem- 
bers of the Code Authority joartners for any purpose. Nor 
shall any member of the Code Authority be liable in any man- 
ner 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 
o,f his duties hereunder, be liable to anyone for any action or 
omission to act under this Code, except for his own wilful mal- 
feasance or non-feasance. 

Approved Code No. 318 — Amendment No. 1. 
Registry No. 1616-104. 



Approved Code No. 465 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BROOM MANUFACTURING INDUSTRY 

As Approved on October 27, 1934 



ORDER 



Approvixo Amendment of Code of Fair Competition for the Broom 
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 Broom Manufacturing- 
Industry and opportunity to be heard having been afforded all 
members of said Industry and 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, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. G859, 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 amend- 
ment 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 said Board issues a subsequent order to 
that effect. 

National. Industrial Recovery Board, 
By G. A. Lynch, Adiniriistrative Officer, 

Approval recommended : 
Armin W. Riley, 

Division Admimstrator. 

Washington, D. C, 

October 27, 1934. 

(381) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on an amendment of Section 11 (d) of 
Article VI of the approved Code of Fair Competition for the Broom 
Manufacturing Industry, number 465. This Code was approved 
by vou on June 18, 1934. 

Pursuant to Executive Order No. 6678, dated April 14, 1934, the 
Code Authority for the Broom Manufacturing Industry, in accord- 
ance with Section 1 (b) of Article X of said Code, having found it 
necessary in order to support the administration of this Code and 
to maintain standards of fair competition established by this Code, 
and to effectuate the policies of the Act, has made application for 
an amendment of said Code in order to provide for a method of 
assessment and a budget to support the expense of the administration 
of this Code. 

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: 

The National Industrial Recovery Board 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 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 the 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 industry, 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 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. 

(382) 



383 

(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. 

In accordance with Executive Order No. 6678, dated April 14, 
1934, the amendment of this Code lias been approved by said Board. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative OJJiGer. 
October 27, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BROOM MANUFACTURING INDUSTRY 

(1) Omit the present provisions of Section 11 (d) of Article VI, 
and in lieu thereof insert the following : 

Section 11 (d). 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 fore- 
going purposes, and 

(2) An equitable basis upon which the funds necessary to sup- 
port 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 
assessment 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 and/or assessment to the expenses of the maintenance of 
the Code Authority and the Regional Committees determined as 
hereinabove provided and subject to rules and regulations pertaining 
thereto issued by the Administrator. Only members of the 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. 

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 except upon 
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. 

(2) Delete Section 11 (e) of Article VI. 

Approved Code No. 4G5 — Amendment No. 1. 
Registry No. 1609-06. 

(384) 



Approved Code No. 201K — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

FUR WHOLESALING AND DISTRIBUTING TRADE 

As Approved on October 27, 1934 



•ORDER 



Approving Amendment of Supplementary Code of Fair Com- 
petition FOR THE Fur Wholesaling and Distributing Trade 

A division of the wholesaling or distributing trade 

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, 1933, for approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Fur 
Wholesaling and Distributing Trade to the Code of Fair Com- 
petition for the Wholesaling or Distributing Trade, and hearings 
having been duly held thereon 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, pursuant to author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive 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 Supplementary Code as con- 
stituted after being amended comply in all respects with the pertinent 
provisions and will promote the policy and purposes of said Title 
of said Act, and 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 Reco\'ery Board, 
By G. A. Lynch, Administrative Officer. 

Approval recommended: 
Robert L. Houston, 

Division Administrator. 

Washington, D. C, 

Octoher 37, 193^. 

(385) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Order approvino; the Supplementary Code of Fair Com- 
petition for the Fur Wholesaling and Distributing: Trade stayed the 
application of Section 1 and Section 2 of Article VII of said Supple- 
mentary Code, pending further study and investigation of the prob- 
able effects of such provisions on the established practices and 
marketing needs of the Trade and recommendations of the Divisional 
Code Authority. Subsequent to the ap,proval of said Supplementary 
Code, the Divisional Code Authority has conducted investigations 
on the subject and has submitted to the National Industrial Recovery 
Board for approval an amendment of said Section 1 of Article VII. 
A public hearing on this amendment was held on September 25, 1934 
at 1 : 00 P. M. in Room 2062, Department of Commerce Building, 
Washington, D. C. No objections of any sort Avere offered to the 
amendment by members of this or any other Trade. 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on said amendment to said Supplementary 
Code having found as herein set forth and on the basis of all the 
proceedings in this matter; 

It finds that : 

(a) The amendment to said Supplementary Code and the Supple- 
mentary Code as amended are well designed to promote the policies 
and purposes of Title I of the National Industrial Recovery Act 
including the removal of obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof, 
and will provide for the general welfare by promoting the organi- 
zation of industry for the purpose of cooperative action among 
trade groups, by inducing and maintaining united action of labor 
and management under adequate governmental sanction and super- 
vision, by eliminating unfair competitive practices, by promoting the 
fullest possible utilization of the present productive capacity of the 
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 
power, by reducing and relieving unemployment, by improving stand- 
ards 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 Supplementary Code empowers the Divisional Code Au- 
thority to ])resent the aforesaid amendment on behalf of the Industry 
as % whole. 

(386) 



387 

(d) Tlio anuMidinoiit and the Siipplonicntni'V Codo as amended ai'e 
not designed to and will not peiniit in()n<)|)<>lies oi- monopolistic 
practices. 

(e) The amendment and the Supplementary Code as amended 
are not designed to and Avill 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 the approval 
of said amendment. 

For these reasons, therefore, it has approved the amendment. 

For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 
October 27, 1934. 



AMENDMEXT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE FUR WHOLESALING AND 
DISTRIBUTING TRADE 

A Division or the Wholesaling or Distributing Trade 

The Supplementary Code of Fair Competition for the Fur Whole- 
saling and Distributing Trade is hereby amended by omitting Sec- 
tion 1, Article VII, and substituting therefore the following: 

1. The maximum terms for sale of fur garments are as follows: 
eight per cent (8%), ten (10) days, e. o. m., six per cent (6%), ten 
(10) days, e. o. m., sixty (60) days extra; or net thereafter. Ship- 
ments after the twenty-ninth (29th) day of any month may be dated 
as of the first day of the following month. 

Approved Code No. 201K — Amendment No. 1. 
Registry No. 912-11. 

(388) 



Approved Code No. 259 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HAT MANUFACTURING INDUSTRY 

As Approved on October 27, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Hat 
Manufactuhing 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 Hat Manufacturing 
Industry, and an opportunity to be heard having been afforded 
thereon 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 au- 
thority 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 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. 

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

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator, 

Washington, D. C, 

October 27, 1934. 

(389) 



REPORT TO THE PRESIDENT 

The President, 

The White Hotise, 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act for an amendment to the Code of Fair Competition 
of the Hat Manufacturers Industry to provide that the mandatory 
assessment clause, standard under Administrative Order X-36, shall 
be included in said Code. Notice of Opportunity to be Heard on 
said Amendment was published by the Administration on July 27, 
1934. 

The Deputy Administrator in his final report to the National In- 
dustrial 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 National Industrial Recovery 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 obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof, 
and will provide for the general welfare by promoting the organiza- 
tion of industry for the purpose of cooperative action of labor and 
management under adequate governmental sanction and supervision, 
by eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) The 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 sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not op- 
erate to discriminate against them. 

(f) Those engaged in other steps of the economic process haA^e 
not been deprived of the right to be heard prior to approval of said 
amendment. 

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adjmnistrative O^oer. 
October 27, 1934. 

(390) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE HAT MANUFACTURING INDUSTRY 

The Code of Fair Competition for the Hat Manufacturing Indus- 
try shall be amended by amending the present provisions of Section 
2 of Article V in the following manner: (1) Delete the present sub- 
sections (f) and (g) ; (2) Substitute the present subsection (h) for 
subsection (g) ; {l^} Substitute the present subsection (i) for sub- 
section (h) ; (4) Substitute for the deleted snibsecti(m (f ) the 
following : 

It being found necessary in order to support the administration of 
this code and to maintain the standards of fair competition estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized : 

(1) To incur such reasonable obligations as are necessary and 
proper for the foregoing purposes, and to meet such obligations out 
of funds which 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 may 
be deemed necessary (1) an itemized budget of its estimated expenses 
for going purposes, and (2) an equitable basis upon which the funds 
necessary to support such budget shall be contributed by members of 
the industry. 

(3) After such budget and basis of contribution have been ap- 
proved by the 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. 

(4) Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and reg- 
ulations pertaining thereto issued by the National Industrial Recov- 
ery 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 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. 

5. The Code Authority shall neither incur nor pay any obligation 
substantiallj^ 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 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 Naticmal Industrial Recovery Board 
shall have so approved. 

Approved Code No. 259 — Amendment No. 1. 
Registry No. 233-02. 

©9613<"— 34 19 ^^^^^ 



k 



Approved Code No. 449 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE MONUMENTAL GRANITE INDUSTRY 

As Approved on October 27, 1934 



OEDER 



Approving Amendment of Code of Fair Competition for the 
Wholesale Monumental Granite 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 the approval of an 
amendment to a Code of Fair Competition for the Wholesale Monu- 
mental Granite Industry, and NOTICE OF OPPORTUNITY TO 
BE HEARD, Administrative Order 449-5, dated September 15, 
1934, having been published and no objection 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, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. G859, 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 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. 

National Industrial Recovery Board, 
By G. A. Lynch, Administrative Officer, 

Approval recommended: 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

October 27, 1931 

(393) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : An application has been duly made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act, for an Amendment to the Code of Fair Competition for the 
Wholesale Monumental Granite Industry, submitted by the Code 
Authority for the said Industry. 

The existing provision of Article YI, Section 13 of the Code for 
the said Industry, is entirely inadequate in view of Executive Order 
6678 and Administrative Order X-36, and it is therefore evident that 
the amendment to Article VI of said Code, the provisions of which 
follow closely the text of the above mentioned Orders, will overcome 
the existing provisions. 

FINDINGS 

The 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 pur])oses of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action among trade groups, by inducing 
and maintaining united action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest 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 
rehabilitatincT 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 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. 

(394) 



395 

(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. 
For the National Industrial Kecovery Board : 

G. A. Lynch, 

_ Administrative OJftcer, 

October 27. 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
WHOLESALE MONUMENTAL GRANITE INDUSTRY 

Delete Section 13 of Article VI and substitute therefor the 
following : 

Section 13. Participation in the Code. — (a) It being found neces- 
sary in order to support the administration of this Code and to 
maintain the standards of fair competition established hereunder 
and to effectuate the policy of the Act, the Code Authority is 
authorized : 

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

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

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

(b) Each member of the industry, shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code 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. 

(c) 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 
Administrator; and no subsequent budget shall contain any deficiency 
item for expenditure in excess of prior budget estimates except 
those which the Administrator shall have so approved. 

Delete Section 15 (m) of Article VI. Change Subsection 15 (n) 
to read Subsection 15 (m), change Subsection 15 (o) to read Subsec- 
tion 15 (n), and change Subsection 15 (p) to read Subsection 15 (o). 

Approved Code No. 449^ — Amendmont No. 1. 
Registry No. 1023-02. 

(396) 



Approved Code No. 3 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WOOL TEXTILE INDUSTRY 

As Approved on October 27, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Wool 

Textile Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Wool Textile Industry, 
and a notice of opportunity having been issued and the annexed 
report on said amendment, containing findings with respect thereto 
having been made and directed to the President: 

XOW, THEREFORE, on l)ehalf 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, do 
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 j^ertinent 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, such 
approval and such amendment to take effect 15 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 Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

Octoher 27, 193Jf. 

... (397) 



I 



EEPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The attached amendment to the Code of Fair Competition 
for the Wool Textile Industry has been duly presented by the Code 
Authority. 

Experience has shown the Industry that the restriction imposed 
by the Code on the practice of ' selling at value ' serves no useful 
purpose, and has prevented members of the Industry from booking 
business in advance of the opening of the ensuing season. 

FINDINGS 

The Deputy Administrator in his final report to us on said amend- 
ment to said Code having found as hereinafter set forth 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 removal of obstructions 
to the free flow of interstate and foreign commerce which tend to 
diminish the amount thereof, and will provide for the general wel- 
fare by promoting the organization of industry for the 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 pro- 
ductive capacity of industries, by avoiding undue restriction of pro- 
duction (except as may be temporarily required), by increasing the 
consumption of industrial and agricultural products through increas- 
ing purchasing power, by reducing and relieving unemployment, by 
improving the standards of labor, and by otherwise rehabilitating 
industry ; 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; 

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adfmnhtrative Officer. 
October 27, 1934. 

(398) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WOOL TEXTILE INDUSTRY 

Amend Article XIII, Section 2, by deleting the words " or selling, 
' at value ' " so that said Article XIII, Section 2, shall read as 
follows : 

" Section 2. Granting (excepting in connection with Government 
contracts) options or reservations or guaranteeing prices against 
either advances or declines." 

Approved Code No. 3 — Amendment No. 3. 
Registry No. 286-04. 

(399) 



Approved Code No. 421 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MARBLE QUARRYING AND FINISHING 
INDUSTRY 

As Approved on October 29, 1934 



ORDER 



Approvtng Amendment or Code of Fair Competition for the 
Marble Quarrying and Finishing Industry 

An application havino; been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Marble Quarryino; and 
Finishing 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 author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive 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 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 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 O^cer. 

Approval recommended: 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

October 29, 193J^. 

(401) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Public Hearing on an Amendment to the Code of Fair 
Competition for the Marble Quarrying and Finishing Industry, as 
proposed by the Marble Industry Employers' Association of New 
York and Vicinity, and assented to by the Code Authority for the 
said Industry, was conducted in Washington, D. C, on the thirteenth 
day of June, 1934. Everyone who requested an appearance was 
heard in accordance with the regulations of the National Recovery 
Administration. There were present duly authorized representatives 
of the Code Authority for the Industry. 

The proposed Amendment establishes a regional committee for the 
Metropolitan District of the City of New York as provided in Ar- 
ticle V, Section 6 of the Marble Quarrying and Finishing Code. 

The proponents of this Amendment, the Marble Industry Em- 
ployers' Association, is composed of thirty-six firms operating plants 
for the fabricating and erection of marble for use principally in the 
interior of buildings and structures. The member firms fabricate 
and erect more than ninety percent of the marble used in buildings 
and structures in the New York City area and have a combined 
investment representing a total of ten million dollars. Of the total 
amount of marble used in the United States, approximately twenty- 
five percent is finished and erected in the Metropolitan District of 
the City of New York. 

The 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 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, and 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. 

(402) 



403 

(b) The Code as amended complies in all respects with the perti- 
nent ]>rovisi()ns 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 Marble Industry Employers' Association of New York 
and Vicinity was and is an industrial association truly repiesenta- 
tive of the aforesaid Industry in the Metropolitan District of the 
City of New York, and that said association imposed and imposes 
no inequitable restrictions on admission to membership therein and 
has ai)plied for this Amendment, which Amendment has been as- 
sented to by the Code Authority for the said Industry. 

(d) The Amendment and the (\)de as amended are not desi<^ned 
to and will not permit monopolies or monopolistic practices. 

(e) The Amendment and the Code as amended are not desiijned 
to and will not eliminate or oppress snuill 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 
such Amendment. 

For these reasons, therefore, we have approved this Amendment. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
A chninis trativ e O fflcer, 
October 29, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MARBLE QUARRYING AND FINISHING IN- 
DUSTRY 

Add to Article V, a new sub-section 6A as follows : 
Section 6A (1). A Regional Committee is hereby constituted to 
administer the provisions of this Code in the Metropolitan District 
of the City of New York (which shall include Greater New York, 
Long Island, and the territory within twenty-five miles from the 
present New York City line) and shall consist of five members to 
be selected as follows : 

(a) The Code Authority member elected by the members of the 
Industry within the Metropolitan District of the City of New 
York, in accordance with Article V, Section 1 (b), shall be a 
member of this Regional Committee. He shall hold office as a 
member of this Committee during his term as a member of the 
Code Authority. 

(b) Within ten days after the election and recognition of the 
Code Authority member elected by the members of the Industry 
within the Metropolitan District of the City of New^ York, four 
other members of the Regional Committee shall be selected in the 
manner and for the terms stated in the following paragraphs: 

(c) If the Code Authority member elected by the members of 
the Industry within the Metropolitan District of the City of New 
York is a member of the Marble Industry Employers' Association 
of New York and Vicinity, the Executive Committee of the said 
Association shall appoint two members to the Regional Committee; 
in the event that the said Code Authority member elected by the 
members of the Industry within the Metropolitan District of the 
City of New York is not a member of the said Association, then 
the Executive Committee of the said Association shall appoint three 
members to the Regional Committee; 

(d) The members of the Industry who are not members of the 
Marble Industry Employers' Association of New York and Vicinity 
shall, within ten days after the election and recognition of the 
Code Authority member elected by the members of the Industry 
within the Metropolitan District of the City of New York, elect 
two members to the Regional Committee; provided, however, that 
if the Code Authority member elected by the members of the In- 
dustry within the Metropolitan District of the City of New York 
is not a member of the said Association, that those members of the 
Industry who are not members of the said Association shall elect 
only one member to the Regional Commitee ; 

(e) The Secretary of the Marble Industry Employers' Association 
of New York and Vicinity, in order to secure an orderly election 

(404) 



405 

of members to the Ret^ioiial Committee by the members of the 
Industry who are not members of the said Association, shall notify 
every member of the Industry within the said Reg-ion of the time 
and phiee for tliis election and that voting shall be in person or 
by proxy; 

(f) The election and appointment of members to the Regional 
Committee sliall be held and made within ten days after the approval 
of this amendment ; and the members so elected and appointed shall 
hold office until the usual date of election stated in the following 
paragraph : 

(g) The usual date of election shall be within ten days after 
the election and recognition of the Code Authority member elected 
by the members of the Industry within the Metropolitan District of 
the City of New York; 

(h) The method of election of said Regional Committee shall be 
approved bv the Code Authority and the Administrator. 

(2) This Regional Committee shall have the following powers and 
duties and such other powers and duties as may be delegated by the 
Code Authority and shall exercise such powers subject to review by 
the Code Authority, and disapproval of the Code Authority if found 
to be inconsistent with the power and autliority granted the Code 
Authority by this Code or with the Act. In case any question of 
consistency or inconsistency arises the burden of proof rests with the 
Regional Committee. 

(a) To effect the provisions of Section 2 of Article TV of the 
Code, to create the necessary agencies of employers to conduct nego- 
tiations between tndy representative groups of employees and em- 
ployers in said Region covering wages, hours of labor, and condi- 
tions of employment. 

(b) To appoint a Regional Commissioner who shall serve as its 
disinterested and impartial Agent within the Metropolitan District 
of the City of New York in the performance of the duties delegated 
to the " Commissioner " under Sections 1 to 15 inclusive of Sub- 
division " B ", of Article VI of this Code, and any additions or 
amendments thereto, and within said Region to act in the place and 
stead of the " Commissioner " ; 

(c) To appoint a Regional Trade Practice Committee for the 
purpose of formulating fair trade practices to govern the members 
of the Industry within the Metropolitan District of the City of 
New York, to the end that such fair trade practices may be pro- 
posed to the Code Authority for transmission, with the recommen- 
dations of the Code Authority, to the Administrator for his 
approval ; 

(d) To cause to be formulated additions and/or modifications to 
the general accounting system and method of cost finding and/or 
estimating provided in Article VII for the Industry if such system 
and method is found to be inadequate for the operations peculiar 
to said Region. Said additions and/or modifications shall be sub- 
mitted to the Code Authority for approval and transmission to the 
Administrator for approval. If approved by the Administrator, 
full information concerning such methods shall be made available 



406 

to all members of the Industry in said Reg^ion. Thereafter, each 
member of the Industry in said Region shall utilize such methods 
to the extent found practicable. Nothing herein contained shall be 
construed to permit the Regional Committee, any agent thereof, or 
any member of the Industry in said Region, 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. 

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

(3) It being found necessary in order to support the administra- 
tion of this Code within the Metropolitan District of the City of 
New York by this Regional Committee, and in order to obtain the 
standards of fair competition established in this Code and to effectu- 
ate the policy of the Act, the Regional 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 held in trust for the purposes mentioned above ; 

(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 
l^urposes, and (2) an equitable basis upon which the funds necessary 
to support such budget shall be contributed by members of the 
Industry in this Region; 

(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 in 
the Region, and to that end, if necessary, to institute legal proceed- 
ings therefor in its own name ; 

(4) Each member of the Industry within the Metropolitan Dis- 
trict of the City of New York shall pay his or its equitable contri- 
bution to the expenses of the maintenance of the Regional Com- 
mittee, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Administrator. Only 
members of the Industry within said Region complying with the 
Code and contributing to the expenses of its administration as herein- 
above provided, (unless duly exempted from making such contri- 
bution), shall be entitled to participate in the selection of members 
of the Regional 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. But voluntary contribution 
prior to the approval of a budget and equitable basis of assessment 
for this Region shall not be considered a prerequisite to the right 
to vote for the members of the Regional Committee. 

(5) The Regional Committee 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 ai)proved budget, except upon approval of the 
Administrator; and no subsequent budget shall contain any defi- 



407 



ciency item tor expenditures in excess of prior budget estimates 
except those which the Administrator shall have so approved. 

(6) The equitable basis of contribution set out in Article V, Sec- 
tion 5 shall make due allowance in favor of members (jf the Industry 
in this Reirion for the expense of any Code Authority activities 
performed for the Code Authority by this Regional Committee 



Approved Code No. 421 — Amendment No 1 
Registry No. 1023-28. 



99613°— 34 20 



Approved Code No. 148 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PYROTECHNIC MANUFACTURING INDUSTRY 

As Approved on October 29, 1934 



OKDER 



Approving Amendment of Code or Fair Competition for the 
Pyrotechnic 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 Pyrotechnic Manufac- 
turing Industry, and an opportunity to be heard having been afforded 
all interested parties and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By G. A. Lynch, Adininistrative Officer. 

Approval recommended : 

Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

Octoher 29, 193J^. 

(409) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

8iR : This is a report on an amendment to the Code of Fair Com- 
petition for the Pyrotechnic Manufacturing Industry. An oppor- 
tunity to be heard has been duly afforded all interested parties. 

This amendment enables the Code Authority to incur such reason- 
able obligations as are necessary for the administration of the Code. 
It requires that the Code Authority submit for the approval of the 
Administration an itemized budget and equitable basis of pro rating 
the assessments to be collected from the members of the industry. 
Pa3Tnent of an equitable contribution to the expenses of the Code 
Authority by members of the industry is made mandatory by this 
amendment. 

FINDINGS 

The Acting Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said amendment to said Code 
having found as herein get forth and on the basis of the proceedings 
in this matter the National Industrial Recovery 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 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 
practice^, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision 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 Pyrotechnic Manufacturing Industry 
Code Authority Board 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. 

(410) 



411 

(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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Admirvlstrative Oijicer. 
October 29, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PYROTECHNIC MANUFACTURING INDUSTRY 

Delete Section 4 (b) of Article VI, Administration and substitute 
therefor the following: 

(b) It being necessary to support the Administration of this Code, 
in order to effectuate the policy of the Act and to maintain the stand- 
ards of fair competition established hereunder, the Code Authority 
Board 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 esti- 
mated expenses for the foregoing purposes, and (2) an equi- 
table basis upon which the funds necessary to support such bud- 
get shall be contributed by members of the Industry; 

(3) After such budget and basis of contribution have been 
approved by the National Industrial Recover}^ Board, to deter- 
mine and obtain equitable contribution as above set forth by all 
members of the Industry, and to that end, if necessary, to insti- 
tute legal jDroceedings 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 Cocle Authority 
Board, 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 here- 
inabove provided (unless duly exempted from making such contri- 
bution), shall be entitled to participate in the selection of members 
of the Code Authority 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 Code Authority Board 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 
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 said Board shall have so approved. 

Approved Code No. 148 — Amendment No. 1. 
Registry No. 611-02. 

(412) 



Approved Code No. 39 — Amendment No. 3 
AMENDMENT TO CODE OF T MR COMPETITION 

FOR THE 

FARM EQUIPMENT INDUSTRY 

As Approved on October 30, 1934 



Order Approving Amendment of Code of Fair Competition for 
THE Farm Equipment Industry 

An application having: been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Farm Equipment Indus- 
try, and an opportunity to be heard having been duly afforded to 
all interested parties and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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, 
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, effective 
immediately, the said Code of Fair Competition for the Farm Equip- 
ment Industry be and it is hereby amended as follows : 

In Article XI, that part of the first paragraph, which has hereto- 
fore read as follows : 

*' This Code and any amendments thereof shall remain in effect 
until November 1, 1934, unless sooner terminated by action or ap- 
proval of the President." 
shall be amended to read as follows : 

" This Code and any amendments thereof shall remain in effe^'t 
until February 1, 1935, unless terminated by action or approval of the 
President." 

National Industrial Reco\t:rt Board. 
By G. A. Lynch, Administrative 0-fficer, 

Approval recommended: 
Barton W. Murray, 

Division Administrator, 

Washington, D. C, 

Octoher 30, 1931^. 

(413) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: Under the Code of Fair Competition for the Farm Equip- 
ment Industry as approved October 3, 1933, the Code Authority for 
said Industry has submitted an Amendment to said Code, which if 
approved, would extend the expiration date from November 1, 1934 
to June 16, 1935. The Code in its present form does not conform to 
Administration Policy in a number of respects and for this reason, 
the expiration date has been extended to February 1, 1935 instead 
of June 16, 1935 as requested by the Industry. Within the three 
months period of extension a Public Hearing will be held to consider 
additional amendments. The amendment extending the expiration 
date to February 1, 1935 is embodied in the Order. 

An opportunity to be heard w^as duly noticed and no objections 
were received from the Industry or from interested parties associ- 
ated with the Industry. 

FIXDINGS 

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 
proceedings in this matter, 

It is found that : 

(a) The amendment to said Codg 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 unemplo}'- 
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 limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Farm Equipment Institute was and is an Industrial As- 
sociation truly representative of the aforesaid Industry and that said 
Farm Equij)ment Institute imposed and imposes no inequitable re- 
strictions on admission to membership therein and has applied for 

(414) 



415 

this amendment through the Code Authority of the aforesaid 
Industry. 

(d) The amendment and the Code as amended are not designe*! 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, this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Adininistrative Officer, 
October 30, 1934. 

Approved Code No. 80 — Amendment No. 3. 
Registry No. 1303-l-€4. 



Approved Code No. 84A — Amendment No, 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

METALLIC WALL STRUCTURE INDUSTRY 

As Approved on October 30, 1934 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR THE Metallic "Wall Structure Industry 

A division of the fabricated metal products manutactuking and 

METAL finishing AND METAL COATING INDUSTRY 

An application havinof 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 Supplementary Code of Fair Competition for the Metallic Wall 
Structure Industry, and a 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 Ex- 
ecutive 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 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 amendments be and they 
are hereby approved, and that the previous approval of said Supple- 
mentary Code is hereby modified to include an approval of said 
Supplementary 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 the National Industrial Re- 
covery 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, 30, 193J^. 

(417) 



REPORT TO THE PRESIDENT 

The President, 

The White Eovjse. 

Sir: An application has been duly maae pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act for amendment of the Supplementary Code of Fair Competi- 
tion for the Metallic Wall Structure Industry by the Supplementary 
Code Authority for that Industry, on which a public hearing was 
held in Washington, D. C. on September 12, 1934. 

The name of the industrial association originally sponsoring this 
Supplementary Code has been changed and Article II, Section 7, 
is accordingly amended. 

Article III has been rewritten to definitely incorporate in this 
Supplementary Code the labor provisions of the Basic Code for 
the Fabricated Metal Products Manufacturing and Metal Finishing 
and Metal Coating Industry. 

The deletion of Section 1 of Article IV and the substitution of 
a new section is for the purpose of making the election of the Sup- 
plementary Code Authority more equitable. 

Article IV, Section 4 has been rewritten to conform to the pro- 
visions of the model Code. 

The addition to the wording of Subsection (d) of Section 5, 
Article IV, provides for the impartial agency to operate the Quantity 
Bureau for the purpose of checldng the bids made by members of 
the Industry. 

Subsection (e) of Section 5, Article IV, has been deleted for the 
reason that these provisions are now covered in the mandatory assess- 
ments provisions which are also incorporated in the Supplementary 
Code by this amendment. 

The Supplementary Code in Subsection (f) of Section 5, Article 
IV, as originally approved, in effect, provided for voluntary con- 
tributions on the part of the members of the Industry. The present 
amendment of this Subsection is proposed to create a legal obliga- 
tion, on the part of the Industry Members, to pay their pro rata 
share of the expenses of the Supplementary Code Authority. 

A new Subsection (h) of Section 5, Article IV, has been inserted 
in lieu of the original Subsection (h) and the new provisions relate 
to the collection of statistical information. 

The new Section 6 of Article IV, provides for the members of the 
Industry to file a complaint of any alleged violation of the Supple- 
mentary Code and further provides that those members desiring to 
do so may enter into an agreement whereby, when a violation of a 
provision of the code has been determined, the member of the Indus- 
try assenting to the agreement, shall make restitution in accordance 
with the penalty prescribed for the type of violation. 

The amendment of Subsection (d). Section 3, Article V, provides 
tJ^at no lump sum prices shall be quoted or orders accepted unless 

(418) 



419 

they are based exclusively on quantities and specifications previously 
reported to, and approved as correct by the Quantity Bureau. 

The changes in Section 5, Article V, provides for the listing in de- 
tail the necessary temporary additions to the filed price lists. 

The addition to Section 11, Article V provides for the responsi- 
bility on the iDart of the seller if he failed to carry out the contract 
precisely. 

The amendment of Section 12, Article V, provides for the limita- 
tion of samples and where exceptions are made they should be subject 
to approvi^ of the Supplementary Code Authority. 

FINDINGS 

The Deputy Administrator, in his final report to the National In- 
dustrial Recovery Board on said amendments of said Supplementary 
Code having- found as herein set forth and on the basis of all the 
proceedings in this matter : 

It has been found that : 

(a) The amendments of said Supplementary Code and the Sup- 
plementary 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 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 co-operative action of 
labor and management under adequate governmental sanction and 
supervision, by eliminating unfair competitive practices, by promot- 
ing 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 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 10 thereof. 

(c) The amendments and the Supplementary Code as amended 
are not designed to and will not permit monopolies or monopolistic 
practices. 

(d) The amendments 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 these amendments have been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer, 
October 30, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE METALLIC WAXL STRUCTURE 
INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Article II, Section 7, last line, delete the words "National Steel 
Partition Association " and substitute the following, " National Me- 
tallic Wall Structure Association or its successors . 

Delete the entire Article III and substitute the following language : 

" Section 1. This Industry is a division of the Fabricated Metal 
Products Manufacturing and Metal Finishing and Metal Coating 
Industry and without limitation the wage hour, and labor provi- 
sions in Article III of the Basic Code as approved by the President, 
November 2, 1933, and as thereafter 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." 

Delete all of the present Section 1 of Article IV and substitute in 
lieu thereof the following : 

" Sec. 1. The Supplementary Code Authority shall consist of seven 
(7) members who shall be elected in the following manner: 

(a) Five (5) members elected by a majority vote of all members 
of the Industry who are members of the Association and present in 
person or by proxy, each member to have one vote. 

(b) Two (2) members who are non-members of the Association 
(provided there are any such members), shall be elected by a ma- 
jority vote of all members of the Industr\^ who are non-members of 
the Association and present in person or by proxy, each member to 
have one vote. 

(c) In addition thereto the Administrator may appoint one (1) 
member to the Supplementary Code Authority who without vote 
shall serve without expense to the Industry. 

The Supplementary Code Authority shall cause a meeting of the 
members of the Industry to be held at the time and place of the 
annual meeting of the Association, upon twenty (20) days' advance 
notice of such meeting to all members of the Industry, whose names 
can be ascertained after diligent search. The members of the Sup- 
plementary Code Authority elected at such meeting shall serve until 
the next following annual meeting, and thereafter members of the 
Supplementary Code Authority shall be elected as hereinabove 
provided. 

(420) 



421 

In the event the non-members of the Association fail to elect the 
two members as hereinabove provided, such two members shall be 
elected by a majority vote of all members of the Industry, and failing 
such election the Administrator may appoint such two members. 

A vacancy in the membership of the Supplementary Code Author- 
ity shall be filled by a majority vote of all the remaining members 
of the Supplementary Code Authority, provided that the vacancy 
to be filled shall be subject to the aforementioned classification of 
membership. 

In the event any of the elected members of the Supplementary 
Code Authority fail or refuse to act, and notice thereof shall be 
given to the Administrator, then subject to the disapproval of the 
Administrator, the remaining members of the Supplementary Code 
Authority shall constitute the Supplementary Code Authority until 
such member has resigned or been removed and the vacancy caused 
thereby has been filled. 

Delete all of the present Section 4 of Article IV and substitute in 
lieu thereof the following : 

" Section 4. 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 tliis Supplementary Code, except for his own wilful mal- 
feasance or non-feasance." 

Insert in the second line of Subsection (d) of Section 5 of Article 
IV, after the words " trade information ", the words " to operate 
impartial and confidential Quantity Bureaus in accordance with 
rules and regulations approved by the Administrator for the cor- 
rect determination of customers' requirements, such requirements to 
relate to quantities and kind only, and not to prices." 

Delete the entire present Subsection (e) of Section 5 of Article 
IV. . 

Insert a new Subsection (e) of Section 5 of Article IV, to read as 
follows : 

"(e) Every employer shall make reasonable provisions for the 
safety and health of his employees at the place and during the hours 
of their employment. Standards for safety and health shall be sub- 
mitted by the Code Authority to the Administrator for approval 
within three months after the effective date of this Code provision. 
The standards approved shall thereafter be a part of this Code and 
enforceable as such." 

Delete present Subsection (f) of Section 5 of Article IV and 
substitute in lieu thereof the following : 

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 : 



422 

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

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

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

2. Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Supplementary 
Code Authority 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 Supplementary Code 
Authority or to receive the benefit of its voluntary activities, or to 
make use of any emblem or insignia of the National Recovery 
Administration. 

3. The Supplementary 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 con- 
tain any deficiency item for expenditures in excess of prior budget 
estimates except those which the Administrator shall have so 
approved. 

Delete the entire Subsection (h) of Section 5 of Article IV and 
in lieu thereof insert the following: 

"(h) To obtain from the members of the Industry through its 
confidential agent, such information and reports as are required for 
the administration of this Supplementary Code. In addition to 
information required to be submitted to the Supplementary Code 
Authority, the 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 thi> Industry of any existing obligations to furnish 
reports to any Government agency. No individual report shall be 
disclosed to any other members of the Industry or any other party 
except to such Government agencies as may be directed by the 
Administrator." 



423 

Renumber the present Section 6 of Article IV as Section 7 and 
insert the follo-vving new Section 6 : 

Sec. 6. The members of the Industry shall report in the first in- 
stance to the Supplementary Code Authority or its appointees any 
complaints rejjardin^ an alleged violation of this Supplementary 
Code. Kecognizing that the violation of any provision of this 
Supplementary Code by a member of the Industry will disrupt the 
normal course of fair competition in the Industry and cause serious 
damage to others, and that it will be impossible accurately to deter- 
mine the amount of such damage, it is hereby provided that those 
members wdio may desire to do so may enter into an agreement 
among themselves, for a definite period and embodying the following 
provisions : 

(a) Each member violating any provision of this Supplementary 
Code shall pay to the Treasurer of the Supplementary Code Author- 
ity, as an individual and not as Treasurer, in trust, as and for liqui- 
dated damages, upon determination of violation by the Administra- 
tor or any impartuil agency or person named by the Supplementary 
Code Authority or designated by the assentors to this agreement and 
approved by the Administrator, amounts as set forth below : 

(1) For the violation of any wage provision, an amount equal to 
the difference between the wages which have been paid and the w^ages 
which would have been ])aid if the member had complied with the 
applicable provisions of the Supplementary Code ; 

(2) For the violation of any hour provision, an amount equal to 
the wages payable for the overtime at the regular rate payable under 
the terms of the Supplementary Code, to the employee or employees 
who worked overtime. 

(3) For the violation of any labor provision of the Supplementary 
Code other than an hour or wage provision, the sum of One Hun- 
dred ($100.00) Dollars. 

(4) For the violation of any provision of the Supplementary 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-five (25%) percent 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 Supplementary 
Code, if determinable, whichever is the higher. 

(5) For the violation of any provision of the Supplementary 
Code (other than a labor provision) not involving a transaction 
incidental to or connected with a sale of any product of the Indus- 
try, the sum of One Hundred ($100.00) Dollars. 

(b) All amounts so paid to or collected by the Treasurer of the 
Supplementary Code Authority under the provisions of this agree- 
ment, shall be applied })y him as follows : First, if the violation 
shall have been of a labor provision of the Supplementary Code, 
equitable distribution of all damages paid therefor shall be made 
among all employees directly affected by such violation; Second, 
if the violation sliall have been of a Supplementary Code provision 
other thadi a labor provision, the damages arising therefrom shall 

99013° — 34 21 



424 

be utilized to defray proper expenses of Supplementary Code admin- 
istration, and the balance, if any, remaining in the hands of the 
Treasurer shall be distributed semi-annually among members of 
the Industry who have assented hereto and who have not been deter- 
mined to have been guilty of a violation of a Supplementary Code 
provision durin^g the preceding semi-annual period on the basis of 
the most recent assessment made against members of the Industry 
for the expense of Supplementary Code administration. 

(c) Assent to this agreement by any member shall be evidenced 
by a signed copy of the agreement, filed with the Supplementary 
Code Authority. Failure to assent to this agreement shall not de- 
prive any member of any other right or privilege under the Sup- 
plementary Code. By so assenting, each member agrees with every 
other assenting member and the Treasurer, individually (1) that 
violation of a Supplementary Code provision shall breach this agree- 
ment and shall render the violator liable for the payment of liqui- 
dated damages as herein provided, (2) 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 damages found due hereunder. 

(d) The Supplementary Code Authority may waive liability for 
payment of liquidated damages for any violation it finds to have 
been innocently made and resulting in no material injury. 

(e) The Treasurer of the Supplementary Code Authority, as an 
individual and not as Treasurer, by accepting office, accepts the 
trust established by this agreement and agrees to perform the duties 
of Trustee hereunder until his successor in office may have been 
appointed. 

(f ) Nothing contained herein shall be construed or applied to (a) 
deprive any person of any right or right of action arising out of 
this Supplementary Code, or (b) relieve any member of the Indus- 
try from any contractual or legal obligation arising out of this 
Supplementary Code or of the Act or otherwise; nor shall violation 
of this agreement by an assenting member be deemed a violation of 
the Supplementary Code, so as to subject the violator to any conse- 
quence arising under Section 3 (b). Section 3 (c), or Section 3 (f) 
of the National Industrial Recovery Act, nor to any criminal prosecu- 
tion of any kind. 

Insert in the first line of Subsection (d) of Section 3 of Article V, 
after the words " shall sell " the words " or offer for sale ", and 
add at the end of this Subsection (d), the following: 

Lump sum prices shall not be quoted, nor shall Imnp sum orders 
be accepted, unless they be based exclusively on quantities and speci- 
fication interpretations previously reported to, and approved as cor- 
rect by, such Quantity Bureau as the Supplementary Code Author- 
ity may establish for any division of the Industry. All actions of 
said Quantity Bureau shall be under the control of the Supple- 
mentary Code Authority and subject to review and approval by 
the Administrator in case of controversy. 

Remove period at end of Section 5 of Article V and add the 
following : 



425 

Instead of ten (10) days in advance as is otherwise required by 
Section 3 (b) of tliia Article, listing in detail the necessary tem- 
porary additions to price list and identifying the corresponding 
quantities and specifications when reporting same as required by 
Section 3 (d) of this Article. 

Add to the present Section 11 of Article V, the following sentence : 

" The provisions of this Section shall not prevent the guaranteeing 
of workmanship or material." 

In Section 12 of Article V, following the words " established 
prices or ", delete the balance of the sentence and substitute the 
following language : 

" except under circumstances to be defined by the Supplementary 
Code Authority and approved by the Administrator." 

Approved Code No. S4A — Ameudment No. 1, 
Registry No. 1123-08. 



Approved Code No. 116 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOP STICK INDUSTRY 

As Approved on October 30, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Mop Stick 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 Mop Stick Industry, and 
hearings havino; been duly held thereon and the annexed report on 
said amendments, containinoj findings with respect thereto, having 
been made and directed to the President: 

NOAV, 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 com- 
plies in all respects with the pertinent provisions and will promote 
the policies 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 a})proval of said Code in its entirety as amended ; provided, how- 
ever, that the provisions of Article VII, Section 1, Subsection a (i) ; 
and Article VII, Section 1, Subsection (e) insofar as it prescribes a 
waiting period between the filing of price lists and the effective date 
thereof, be and they are hereby stayed pending the said Board's 
further Order; and further provided that price lists shall be filed 
with a confidential and disinterested agency of the Code Authority; 
such approval and such amendments to take effect fifteen (15) days 
from the date hereof, unless good cause to the contrary is shown 
to the said Board before that time and the Board issues a subsequent 
Order to that effect. 

National Industrial Recom^ry Board, 
By G. A. Lynch, Achninistrative Officer. 

Approval recommended: 
W. P. Ellis, 

Acting Division AdTninistrator. 

Washington, D. C, 

Octob&r 30, 1931^. 

(427) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : I have the honor to submit herewith amendments to the Code 
of Fair Competition for the Mop Stick Industry. 

A public hearing on these amendments was held in Washington, 
D. C. on March 10, 1934 in accordance with the provisions of the 
National Industrial Recovery Act. 

Nine proposed amendments were submitted by the Code Author- 
ity but during the course of the hearing and subsequent thereto, 
one additional amendment relating to those already proposed was 
presented for consideration, and one amendment as originally pro- 
posed was changed to conform to revised policy. 

The proposed amendments in their final form are summarized 
herewith. 

The first amendment defines the term " Employer " to correct an 
omission of this term in the code as originally submitted. 

The second amendment clarifies and amplifies the provision rela- 
tive to the posting of labor provisions of the Code. 

The third amendment places upon the employer the responsibility 
of providing for the safety and health of employees and the estab- 
lishment of standards therefor. 

The fourth amendment removes the right of the National Indus- 
trial Recovery Board to " amend " any action of the Code Authority 
in Article VI, Section 2. 

The fifth amendment provides that recommendations of the Code 
Authority upon approval by the said Board shall be made an integral 
part of the Code. 

The sixth amendment clarifies the provisions relative to the shar- 
ing of expenses of administration. 

The seventh amendment specifies the right of the said Board to 
suspend any action of the Code Authority pending investigation. 

The eighth amendment revises the provisions relative to price 
cutting, uniform cost accounting, emergencies, and price filing. 

The ninth amendment clarifies and amplifies the present provisions 
relative to price discrimination. 

The tenth amendment clarifies and simplifies the provision rela- 
tive to defamation of competitors. 

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 

(428) 



429 

National Industrial Recovery Act inchulinp; the removal of obstruc- 
tions to the free flow of interstate and f()rei<2;n comuierce -which tend 
to diminish the amount thereof, and will provide for tlie general wel- 
fare by promoting the organization of industry for the purpose of 
cooperative action among trade groups, by inducing and maintaining 
united action of labor and management under adequate governmental 
sanction and supervision, by eliminating unfair competitive practices, 
by promoting the fullest possible utilization of the present productive 
capacity of industries, by avoiding undue restriction of production 
(except as may be temporarily required), by increasing the consump- 
tion of industrial and agricultural products through increasing pur- 
chasing power, by reducing and relieving unemployment, by improv- 
ing 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 limitation 
Subsection (a) of Section 3, Subsection (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. 

For these reasons, these amendments have been approved. 
For the National Industrial Recovery Board : 

C. A. Lynch, 

AdnTiinistrative Officer. 
October 30, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MOP STICK INDUSTRY 

Article II is amended by the addition of the following inserted 
between the second and third paragraph : 

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

Article V. — Section 7 is amended to read as follows : 
Each employer shall post and maintain in conspicuous places 
accessible to employees full copies of the labor provisions of this 
Code. 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 
National Industrial Recovery Board. 

Article V. — Section 8 is added to read as follows : 
Every employer shall provide for the safety and health of em- 
ployees during the hours and at the places of their employment. 
Standards of safety and health shall be submitted by the Code 
Authority to said Board within three months after the effective 
date of this amendment. 

Article VI. — Section 2, Paragraph 1, is amended by deleting in 
its entirety the phrase " subject to the right of the Administrator 
on review to disapprove or modify any action taken by the Code 
Authority ", and further Article VI, Section 2 is amended by strik- 
ing out the words " or modify " where they occur as being 
unnecessary. 

Article VI. — Section 2 (b) is amended to add the following: 
Upon approval by the National Industrial Recovery Board, after 

such notice and hearing as it may prescribe, such recommendations 

shall become an integral part of this Code. 

Article VI. — Section 2 (e) is amended by striking out the words 
" to be taken into consideration ". 

Article VI. — Section 4 is added to read as follows : 
If the National Industrial Recovery Board shall determine that 
any action of a Code Authority or any agency thereof may be unfair 
or unjust or contrary to the public interest, the said 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 Board approves or unless it shall fail to 
disapprove after 30 days notice to it of intention to proceed with 
such action in its original or modified form, 

(430) 



431 

Article VIII. — Section 1 is amended to read as follows : 

Destyntct'me Price Cutting. — (a) The Principle. — (i) Destructive 
price cutting is an unfair method of competition and is forbidden 
at all times, irrespective of the existence of an emergency. 

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

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

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

(c) Emergency {Lowest Reasonahle Cost). — When an emergency 
exists, the Code Authority may cause an impartial agency to in- 
vestigate costs and to determine the lowest reasonable cost of the 
product affected by the emergency. Such determination shall ex- 
clude all unallowable cost elements set forth in and shall be in all 
respects subject to such rules and regulations as may be issued by the 
said Board and subject to its approval or modification after such 
notice and opportunity to be heard as it may prescribe. Due notice 
of such determination shall be given to all members of the Industry. 
The Code Authority or the said Board may, from time to time, cause 
such determination to be reviewed or reconsidered and appropriate 
action taken. 

(d) Definitions. — An "Emergency" exists whenever the National 
Industrial Recovery Board determines that destructive price cutting 
is rendering ineffective or seriously endangering the maintenance 
of the provisions of this Code. 

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

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

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

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

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

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

(e) Each member of the Industry shall publish and file with the 
Code Authority a price list for all products of the Industry sold or 
offered for sale by him, together with discounts and transportation 



432 

allowances, if any, allowed therefrom, and fixed terms of payment, 
which price lists shall fully and accurately describe each product. 
Revised price lists, revised aiscounts, or terms and conditions of sale, 
may be filed and published from time to time thereafter by any 
member of the Industry; provided, however, that such revision be 
published and filed with the Code Authority ten days in advance of 
the effective date thereof. Copies of all price lists and revised price 
lists and discounts, with notice of the effective date specified, shall 
be sent immediately by registered mail to all known members of the 
Industry, who, thereupon, may file, if they so desire, revisions of 
their price lists and/or discounts, which may become effective upon 
date when the revised lists or discounts first filed, shall go into effect, 
(f) No member of the Industry shall sell or offer for sale any 
product of the Industry at prices other than the prices noted in his 
price list or terms or conditions of sale other than the terms or con- 
ditions of sale previously published and filed by such member with 
the Code Authority in accordance with the foregoing provisions and 
in effect at the time of such sale. 

Article VII. — Section 2 (a) is amended to read as follows: 
Directly or indirectly to discriminate in prices to purchasers of 
the same class, provided that nothing herein shall prevent differences 
in prices to allow for differences in quality, quantity, and transporta- 
tion costs. 

Article VII. — Section 2 (d) is amended to read as follows: 
The defamation of competitors by falsely imputing to them dis- 
honorable conduct, inability to perform contracts, questionable credit 
standing or other false representations. 

Approved Code No. 116 — Amendment No. 2. 
Registry No. 328-02. 



Approved Code No. 29 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ARTIFICIAL FLOWER AND FEATHER INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Appro\^ng Amendment of Code of Fair Competition for the 
Artificial Flower and Feather Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Artificial Flower and 
Feather 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 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 comply 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 he 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 ; and does hereby 

FURTHER ORDER that said amendment shall become effective 
as a part of the Code ten (10) days after the date hereof. 

National Industrial Recovery Board, 
By G. A. Lynch, Adimnistrative. Ofjicer. 

Approval recommended: 
Harry S. Berry, 

Acting Division AdmiTUstrator. 

Washington, D, C, 

October 31, 193^. 

(433) 



EEPORT TO THE PRESIDENT 

The President, 

The White Hcnise. 

Sir: The Public Hearing on an amendment to the Code of Fair 
Competition for the Artificial Flower and Feather Industry ap- 
proved September 7, 1933, as proposed by the Code Authority for 
this industry was conducted on Friday, September 21, 1934, at the 
offices of the National Recovery Administration, 45 Broadway, New 
York, N. Y. 

Each person who requested an appearance was fairly heard in 
public in accordance with the regulations of the National Recovery 
Administration. Present were representative members of the 
Industry. 

Article VI has been amended by adding thereto a new section to 
be known as Section 9, which provides that all invoices and copies 
thereof, covering products manufactured, or distributed, subject to 
the provisions of the Code, shall bear an NRA label. 

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

It 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 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 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 oper- 
ate to discriminate against them. 

(434) 



435 

(f) Those en£ja<2^0(l in other steps of the economic process have not 
been deprived of the rifj^lit to be heard prior to approval of said 
amendment. 

For tliese reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

By G. A. Lynch, 
Administrative Officer, 
October 31, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ARTIFICIAL FLOWER AND FEATHER INDUSTRY 

Article VI is hereby amended by adding a new section to be 
known as: 

Section 9. All invoices and copies thereof, covering products man- 
ufactured, or distributed, subject to provisions of this Code, shall 
bear an NRA label to symbolize to purchasers of said products the 
conditions under which they were manufactured or distributed. 
Each label shall bear a registration number, especially assigned to 
each member of the Industry by the Code Authority, and shall 
remain attached to such invoice or copies thereof. Any Member 
of the Industry may apply to the Code Authority for a permit to 
use such NRA label, but said member may use such label only if 
and so long as he complies with this Code. The Code Authority, 
subject to the approval by the National Industrial Recovery Board, 
shall establish rules and regulations and appropriate machinery for 
the issuance of labels, method of their attachment and the inspection, 
examination and supervision of the practices of members of the 
Industry using such labels in observing the provisions of this Code, 
for the continued use of labels; of insuring to each individual mem- 
ber that the symbolism of said label will be maintained by virtue 
of compliance with the practices herein contained by all other 
members. 

It shall be optional with any member of this Industry to affix 
such NRA labels on containers, packages or boxes or individual 
units, if he so desires; this discretionary provision, however, shall 
not relieve any member from attaching the label to the invoice and 
copies thereof, as heretofore provided. 

The charge made for such labels by the Code Authority shall at 
all times be subject to supervision and orders of the National Indus- 
trial Recovery Board and shall not be more than an amount necessary 
to cover actual cost thereof. 

Approved Code No. 29 — Amendment No. 2. 
Registry No. 1603-02. 

(436) 



Approved Code No. 64 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

DRESS MANUFACTURING INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the Dress 
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 the Code of Fair Competition for the Dress Manufacturing Indus- 
try, and an opportunity to be heard having been duly afforded all 
members of the industry 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 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 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 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. 

National Industrial Recovery Boaiu), 
By G. A. Lynch, Adnninistrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Acting Dvvision Administrator. 

Washington, D. C, 

October 31, 1934, 

(437) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Dress Manufacturing Industry 
submitted on July 26, 1934, two proposed amendments to the Code 
of Fair Competition for the Dress Manufacturing Industry. 

As these amendments were short and simple and consistent with 
the iDolicy of the Administration a Public Hearing was considered 
not necessary and in lieu of the Public Hearing a Notice of Op- 
portunity to be Heard (Administrative Order No. G4-17) was 
printed and distributed in the same manner as a Notice of Public 
Hearing. The date of August 13, 1934, was set forth in this Notice 
of Opportunity to be Heard as a deadline on which to receive objec- 
tions or criticisms to these amendments. Up to and including 
August 13, 1934, no objections or criticisms were received. 

The first amendment amends Article VI of the Code, allowing the 
Code Authority and any of its agencies or divisions to incorporate 
under the laws of any state of the United States or the District of 
Columbia. 

The second amendment amends Article IX of the Code and makes 
the bribery or attempted bribery of any employees of the Code 
Authority a violation of the Code. 

In final form these amendments were approved by the Industrial 
Advisory Board, the Labor Advisory Board, the Consumers' Advi- 
sory Board, the Legal Division and the Research and Planning 
Division of the National Recovery Administration. 

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- 
tion,s to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and wull 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 jn-actices, 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 
througli increa.sing purchasing power, by reducing and relieving un- 
emph)yment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(438) 



439 

(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 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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 
October 31, 1934. 



99613°— 34 23 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
DRESS MANUFACTURING INDUSTRY 

The Code of Fair Competition for the Dress Manufacturing In- 
dustry shall be amended by adding a section to Article VI, to be 
known as Section 3 and reading as follows : 

" The Dress Code Authority and any local Industrial Adjustment 
Agency or any Sectional or Divisional Code Authority created under 
this Code may, upon submission to and approval by the Administra- 
tor of its proposed certificate of Incorporation and By-Laws, incor- 
porate under the laws of any state of the United States or of the 
District of Columbia, such corporation to be known as the Dress 
Code Authority, Inc., or Industrial Adjustment Agency of the Dress 
Code Authority for the Area, Inc., or other appro- 
priate designation. The powers, objects, and purposes of the said 
corporation or corporations shall in all respects be limited to the 
powers, objects and purposes of this Code Authority and the Indus- 
trial Adjustment Agencies as provided in this Code and rules and 
regulations issued thereunder, and amendments thereto." 

The following section shall be added to Article IX, and shall be 
known as Section 17 : 

" No member of the Industry shall give, permit to be given, or 
oifer to give to any employee or agent of the Code Authority any- 
thing of value for the purpose of influencing or rewarding the action 
of such employee or agent." 

Approved Code No. 64 — Amendment No. 2. 
Registry No. 228-01. 

(440) 



Approved Code No. 322 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EARTHENWARE MANUFACTURING INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approving Amendment or Code of Fair Competition for the 
Earthenware Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Earthenware Manufac- 
turing Industry, and as contained in a Published Notice of Oppor- 
tunity to be Heard, Administrative Order No. 322-18, dated October 
9, 1934 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 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 comply 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 
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, Adininistrative O-fjicer, 

Approval recommended : 

W. P. Ellis, 

Acting Division Administrator, 

Washington, D. C, 

Ootoher 31, 1931^. 

(441) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : An Opportunity to be Heard on an Amendment to the Code 
of Fair Competition for the Earthenware Manufacturing Industry 
submitted by the Code Authority for that Industry, in accordance 
with the provisions of the National Industrial Recovery Act, has been 
afforded to all interested parties. 

The amendment provides for a clarification of the definition of 
" Earthenware Manufacturing Industry " as contained in Article II, 
Section 2 of said Code. 

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 : 

(a) That 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 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increa^sing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said Title of said Act, including without limitation 
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic 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, we have approved this amendment. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Ofjicer. 
October 31, 1934. 

(442) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE EARTHENWARE MANUFACTURING INDUSTRY 

Amend by deleting Article II, Section 2 and insert in lieu thereof, 
the following: 

Section 2. The term " Earthenware Manufacturing Industry " or 
" Industry " as used herein, shall mean the manufacture of clay 
products made from natural clays without additions or from mix- 
tures of refined clays with or without fluxes, glazed or unglazed, 
plain or embossed, decorated or undecorated, excluding dinner ware, 
refractories and sanitary ware, having value as — 

A. Stoneuxire. — Clay containers for packing, storing, feeding or 
processing solids, liquids and ordinary chemicals, but excluding 
chemical porcelain and chemical stoneware equipment. 

B. Earthenware. — 
I. Art Pottery: 

1. Pottery of decorative and artistic value, ornamental 
vessels and holders for containing or supporting articles of 
value or beauty; 

2. Garden and monumental pottery, excluding structural 
terra cotta; 

3. Decorative or utilitarian adjuncts and artistic table ac- 
cessories to dinner service ware. 

XL Kitchen and Cooking Crockery : 

1. Utility earthenware produced from secondary buff or 
red-burning clays without fluxes, glazed or unglazed, plain or 
embossed, ornamented by underglaze stripes, bands, stamps, or 
hand-decorated. 

2. Utility earthenware produced from natural clays with or 
without fluxes, glazed or unglazed, plain or embossed, orna- 
mented by underglaze stripes, bands, stamps, or hand-dec- 
orated, excluding similar articles produced in vitreous and 
vitrified china and semi-vitreous and semi-vitrified china to 
match dinner ware in body, glaze and/or decorative treatment. 

C. Clay Flomer Pots. — Porous, unglazed pottery containers for 
growing and marketing plants. 

Approved Code No. 322^ — Amendment No. 2. 
Registry No. 1016-03. 

(443) 



Approved Code No. 146 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR PRODUCTS 
INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approving Amendment or Code of Faie Competition for the 
Excelsior and Excelsior Products Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Excelsior and Excelsior 
Products 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 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 comply in all 
respects with the pertinent provisions 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, such approval and such amend- 
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 National Industrial Recovery Board 
issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By G. A. Lynch, Adrrmiistrative Officer, 

Approval recommended: 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C," 

Octoler 31, 19S^. 
' . . (445) 



EEPORT TO THE PEESIDENT 

The President, 

The White House. 

Sir : On December 7, 1933 you approved the Code of Fair Competi- 
tion for the Excelsior and Excelsior Products Industry. 

This is a report on an amendment to that Code. A Notice of 
Opportunity to be Heard on this Amendment was published on 
August 28, 1934. The Amendment provides that each member of 
the Industry shall pay an equitable contribution to the expenses of 
the maintenance of the Code Authority, and further provides that 
only members complying with the Code and contributing to the 
expenses of its administration, unless duly exempted, shall be 
entitled to participate in the selection of the Code Authority or to 
receive the benefit of its voluntary activities. 

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 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- 
tions of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increasing parchasing 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 wth 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 and 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 
©perate to discriminate against them. 

(446) 



447 

(o) Those engagfed 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 to 
the Code. 
For tlie National Industrial Recovery Board : 

G. A. Lynch, 

Administrative Oificer, 
October 31, 1934. ^' 



AMENDMENT TO THE CODE OF FAIR COMPETITION 
FOE THE EXCELSIOE AND EXCELSIOR PRODUCTS 
INDUSTRY 

Modify Article VI by deleting Section 1 (f ) and substituting in 
lieu thereof the following: 

(f) It being found necessary, in order to support the administra- 
tion of this Code and to maintain the standards of fair competition 
established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized: 

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

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

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

Each member of the Industry shall pay his or its equitable contri- 
bution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and 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 benefit 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 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. 146 — Amendment No. 1. 
Registry No. 310-02. 

(448) 



Approved Code No. 84G1 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

FLEXIBLE METAL HOSE AND TUBING 
MANUFACTURING INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approving Amendment of Supplementary Code of Fair Coivipe- 
TiTioN for the Flexible Metal Hose and Tubing 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 16, 1933, for the approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Flex- 
ible Metal Hose and Tubing Manufacturing Industry, and oppor- 
tunity to be heard thereon having been duly noticed 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, 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 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 Supplementary Code is hereby 
amended, such approval and such amendment to take effect fifteen 
(15) days from the date hereof, unless good cause to the contrary is 
shown to the National Industrial Recovery 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, Adtninistrative Officer. 

Approval recommended: 
KiLBOURNE Johnston, 

Actinff Division Administrator, 

Washington, D. C, 

October 31, 1931^. 

(449) 



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 Flexible Metal Hose and Tubing 
Manufacturing Industry, a Division of the Fabricated Metal Prod- 
ucts Manufacturing and Metal Finishing and Metal Coating Indus- 
try to incorporate the principles contained in Executive Order No. 
6678 of April 14, 1934, relating to the expenses of Code Administra- 
tion. This amendment was proposed in accordance with Article X 
of the Supplementary Code as approved on May 24, 1934, and Notice 
of Opportunity to be Heard was given from September 26 to October 
9, 1934. 

FINDINGS 

The Deputy Administrator in his final report to us 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: 

We find that : 

(a) The amendment of said Supplementary Code and the Supple- 
mentary Code as amended is well designed to promote the policies 
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 among trade groups, 
by inducing and maintaining united action of labor and management 
under adequate governmental sanction 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) 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 Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the 
Industry as a whole. 

(d) The Supplementary Code and the Supplementary Code as 
amended is not designed to and will not permit monopolies or mo- 
nopolistic practices. 

(e) The amendment and the Supplementary Code as amended 
is not designed to and will not eliminate or oppress small enter- 
prises and will not operate to discriminate against them. 

(450) 



451 

(f) Those engaged in other stops of the economic process have 
not been deprived of the ri<j;ht to be heard prior to the approval 
of said amendment. 

For these reasons, therefore, this anienchnent has been apijroved 

For the National Industrial Recovery Board : 

G, A. Lynch, 
OCTOBEK 31, 1934. A<imi„i.tratl.e Officer. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE FLEXIBLE METAL HOSE AND ] 
TUBING MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend Section 7 as it appears in Article IV of the Supplementary 
Code as approved on May 24, 1934 — 

By expunging the present Section 7 and substituting the follow- 
ing:— 

Section 7. Each member of the Industry shall pay his or its equi- 
table contribution to the expenses of the maintenance of the Supple- 
mentary Code Authority, cleterminecl as hereinabove provided, and 
subject to rules and regulations pertaining thereto issued by the Na- 
tional Industrial Recovery Board. Only members of the Industry 
complying with the Supi^lementary Code and contributing to the 
expenses of its administration as hereinabove provided, unless duly 
exemi^ted from making such contributions, shall be entitled to par- 
ticipate in the selection of members of the Supplementary 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. 

(a) The Supplementary 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 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 aj)proved. 

Amend Section 10 as it appears in Article IV of the Supplemen- 
tary Code by the deletion of Subsections (f) and (g) thereof. 

Re-letter Subsection (h) to read Subsection (f). 

Approved Code No. 84G1 — Amendment No. I. 
Registry No. 1140-A. 

(452) 



Approved Code No. 53 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HANDKERCHIEF INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Handkerchief Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of amend- 
ments to the Code of Fair Competition for the Handkerchief 
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, 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, 
by reference, said annexed report and does find that said amend- 
ments 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; and 

ORDERS, FURTHER, that there shall be created forthwith a 
Special Commission composed of three members, one of whom shall 
be nominated by the Labor Advisory Board of the National Recovery 
Administration, one by the Division Administrator of the Textiles 
Division of the National Recovery Administration, and one by the 
Code Authority for the Handkerchief Industry. Said Commission 
shall study and investigate the production of handkerchiefs by means 
of hand sewing and hand embellishment in the home, and shall sub- 
mit to the National Industrial Recovery Board, within forty (40) 
days from the date hereof, a report containing findings with recom- 
mendations for minimum piece work and/or hourly rates for hand 
sewing and hand embellishment in the home, which recommendations, 
upon the approval of the National Industrial Recovery Board, shall 
become effective as part of this Code. Pending the report of said 

(453) 



454 

Commission and the approval of any recommendations thereof by 
the National Industrial Kecovery Board, the provisions of Section 
8 (a) of Article IV, of said Code, as amended, shall be stayed, in- 
sofar as the provisions of said Section may apply to hand sewing 
and hand embellishment in the home. 

National Industrial Recovery Board, 
By G. A. Lynch, AdTrvlnistrative Q-fJicer. 

Approval recommended: 
Prentiss L. Coonley, 

Acting Division Administrator, 

Washington, D. C, 

October SI, 193J^. 



k 



REPORT TO THE PRESIDENT 

The President, 

The White Uowse. 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recover}' Act for certain amendments to the Code of Fair Competi- 
tion for the Handkerchief Industry, and Hearings were conducted on 
said proposed amendments in Washington on April IS, 1934. 

The original Code of Fair Competition for the Handkerchief In- 
dustry was approved October 9, 1933. The proposed amendments 
are the result of close observation of the Code in actual operation. 
Cienerally s^Deaking, the amendments constitute no considerable modi- 
fication of the provisions of the original Code; they seek merely to 
eliminate certain inequalities, to close up certain loopholes which 
have become apparent, to assist in enforcement, and to facilitate ad- 
ministration. Such additions to the original Code as are made herein 
involve, primarily, trade practice provisig*is, which, in practically 
every case, were referred to in the original Code as subjects upon 
which the Code Authority was to study and make recommendations. 
The primary object of this set of amendments is to consolidate the 
gains achieved by the original Code and to go a little further toward 
placing competition in this Industry on a sound and rational basis. 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on said amendments to said Code having 
found as herein set forth and on the basis of all the proceedings in 
this matter : 

The National Industrial Recovery Board finds that : 

(a) The amendments to said Code and said Code as amended are 
well designed to j^romote the ]5olicies 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 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 
iianction and supervision, by eliminating unfair competitive prac- 
tices, by promoting the fullest possible utilization of the present pro- 
ductive capacity of industries, by avoiding undue restriction of pro- 
duction (except as may be tem]:)orarily required), by increasing the 
consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the 
pertinent 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. 

99613°— 34 23 (455) 



456 

(c) The Handkerchief Industry Association, Inc. was and is an 
industrial 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 and 
consents to this amendment. 

(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 amendment. 

For The National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer, 
October 31, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE HANDKERCHIEF INDUSTRY 

Article II, Section 1 is amended by deleting the present section 
and substituting therefor the following : 

1. The term " Industry " as used herein means and includes the 
manufacture and/or production of handkerchiefs, in whole or in 
part, by hand or machine, including embellishing and/or finishing 
by hand or by machine, and the sale thereof within the confines of 
the Continental United States by any manufacturer, producer or 
importer or by any firm, corporation or any other form of enterprise 
totally or partly owned or directly or indirectly controlled by any 
manufacturer, producer or importer of handkerchiefs. 

The term shall not include, however, the embellishing of handker- 
chiefs by Schiffli embroidery machines, so-called " handloom " ma- 
chines and so-called " hand-embroidery " machines, nor shall it in- 
clude the manufacture in whole or in part of handkerchiefs in Puerto 
Rico. The term " Industry " as used herein shall, however, mean 
and include the sale within the Continental United States of hand- 
kerchiefs manufactured in whole or in part in Puerto Rico or else- 
where outside the confines of the Continental United States. 

Article II, Section 2 is amended by deleting the present section 
and substituting therefor the following : 

2. The term " member of the industry " as used herein shall 
include : 

(a) Handkerchief manufacturers who own or operate their plants 
and whose production is sold, in whole or in part, directly by them or 
through salesmen, agents, or representatives, to the wholesale or 
retail trades; 

(b) Handkerchief manufacturers owning plants or operating 
plants exclusively on a contract basis for others, in whole or in part 
engaged in the production or finishing of handkerchiefs. 

(c) Those who purchase materials and have same fabricated into 
handkerchiefs, plain or embellished, by contractors, agents, sub- 
agents, or individuals within the confines of the United States or its 
insular possessions or territories; 

(d) Those engaged in wholesale distribution who further the 
manufacture of handkerchiefs by any of the following manufac- 
turing processes, but without limitation: cutting, stitching, ironing, 
folding, pressing, tying, packaging, boxing, embellishing, or other- 
wise finishing. 

(e) Those engaged in the Handkerchief Industry under more than 
one of the above classifications, or otherwise engaged exclusively or 
in part as employers or on their own behalf. 

(457) 



458 

Add a new Section 9 to Article III : 

9. No employee shall work or be permitted to work in an^ factory 
on any Saturday or Sunday except such employees for whom specific 
provision is made in this Section and in Sections 6 and 7 of this 
Article. However, for the sole purpose of dampening handkerchiefs 
in order that work may be ready for the ironing crew the following 
Monday morning, not more than four (4) employees in any one (1) 
plant shall be permitted to work on Saturday. No such employees 
shall be permitted to work in any case in excess of forty (40) hours 
in any one (1) week, including the hours that have been w^orked by 
such employee on the Saturday of said week. In any week in which 
a legal or religious holiday occurs the Code Authority may permit 
work to be done on a Saturday of such week. 

Add a new Section 10 to Article III : 

Except as herein provided no work shall be done in any factory 
except between the hours of 8 A. M. and 12 noon and betw^een the 
hours of 1 P. M. and 5 P. M. In the event, however, that all or a 
majority of factories in any particular city or area request a change 
from the standard hours herein above set forth, the Code Authority, 
subject to the disapproval of the National Industrial Recovery 
Board, may modify the standard hours for such city or area. In 
no case shall the lunch period be less than one hour and in no case 
shall such standard hours exceed 8 hours per day. 

Amend Article IV, Section 1 by deleting the present Section and 
substituing therefor the following: 

1. Except as hereinafter provided, no employee in any section of 
the United States other than the Southern Section as defined in 
Section 5 of Article II, of this Code, shall be paid at less than the 
rate of thirteen ($13.00) dollars per week of forty (40) hours nor 
shall any employee engaged in the Southern Section of the United 
States b3 paid at less than the rate of twelve ($12.00) dollars per 
week of forty (40) hours. 

No member of the industry shall make any deduction from the 
wages of any employee because of spoilage or because of the infrac- 
tion of any rule where the effect of such deduction would be to re- 
duce the net weekly wage of any such employee to less than the 
minimum wages provided herein. 

Each member of the industry shall maintain accurate payroll 
records (including records of hours worked) and shall submit re- 
ports based thereon at four-weekly intervals to the Confidential 
Agency. 

Amend Article IV, Section 3 by deleting the present section and 
substituting therefor the following: 

3. Each member of the industry shall file with the Confidential 
Agency of the Code Authority dul}^ certified schedules of rates of 
pay for piecework production for each type of standard operation 
in force in his plant (including homework, if any and where per- 
missible), and shall advise said Agency of any change or alteration 
which may at any time be made in such schedules. Said Confidential 
Agency shall report to the Code Authority, under key numbers, all 
such schedules, in order that the Code Authority may be kept in- 
formed as to the observance or nonobservance of this Code. Unless 



459 

)rclere(l by tho National Iiulustrial Recovery Board, said Confidential 
A<;encv shall in no case disclose the name of anyone to whom any 
key number may have reference. 

Amend Article IV, Section 7 by deletin<^ the present Section and 
siibstitutin<2: therefor the following: 

7. A person whose earning ca])acity 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 tlie State Authority designated by the 
United States Department of Labor, a certificate autliorizing such 
person's empk)yment at such wages and for such hours as shall be 
stated in the certificate. Sucli Authority shall be guided by the in- 
structions of the United States Department of Labor in issuing 
certificates to such person. 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 emi)loyee. 

Amend Article IV, Section 8 by deleting the present Section and 
substituting therefor the following: 

8. (a) Except as hereinafter provided, no member of the industry 
shall manufacture or finish or cause to be manufactured or finished 
any handkerchief by means of home labor, except that handkerchiefs 
made entirely by hand may be manufactured at home.'^ 

(b) Anything to the contrary herein notwithstanding, a person 
may be j^ermitted to engage in homework at the same rate of wages 
as is paid for the same type of work performed in the factory or 
other regular place of business if a home-worker's certificate is 
obtained from the State Authority or other officer designated by the 
United States Department of Labor, such certificate to be granted in 
accordance with instructions issued by the United States Department 
of Labor, provided 

(1) Such person is physically incapacitated for work in a factory 
or other regular place of business and is free from any contagious 
disease; or 

(2) Such person is unable to leave home because his or her services 
are absolutely essential for attedance on a person who is bedridden 
or an invalid and both such persons are free from any contagious 
disease, or because of the necessity of caring for minor children or 
dependents unable to leave home. 

Any employer engaging such a person shall keep such certificate 
on file and shall file with the Code Authority the name and address 
of each worker so certified. 

Delete Article IV, Section 9 in its entirety. (The present Article 
IV, Section 10 now^ becomes Article IV, Section 9.) 

Amend Article V, Section 1 by deleting the present Section and 
substituting therefor the following : 

1. No person under sixteen (IG) years of age shall be employed in 
the Industry. In the event of a claim of alleged violation of this 

^ See paragraph 3 of order approving this Amendment. 



460 

section, an employer shall be deemed to have complied with the pro- 
visions of this section if he shall have on file and make available for 
inspection by the Confidential Agency a certificate of age issued by 
the duly authorized department of the State in which the employer 
operates, showing the age of the employee at the time of entering 
such employment to be no less than the age required by this section. 

Amend Article VI, Section I by deleting the present Section and 
substituting therefor the following: 

To further effectuate the purposes of the Act, a Code Authority is 
hereby constituted to cooperate with the National Industrial Recov- 
ery Board in the Administration of the Code. Said Code Authority 
shall consist of not more than thirteen (13) members to be elected 
in the manner hereinafter set forth : 

(a) Nine (9) members and two (2) alternates shall be appointed 
by the Board of Directors of the Handkerchief Industry Association, 
Inc. 

(b) One (1) member shall be appointed by the National Industrial 
Recovery Board on the nomination of the Labor Advisory Board 
of the National Recovery Administration. 

(c) In addition to the foregoing, the National Industrial Recov- 
ery Board may appoint not more than three (3) members without 
vote to represent the National Industrial Recovery Board and/or 
such groups or interests as it may designate. 

Amend Article VI, Section 4 by deleting the present Section and 
substituting therefor the following: 

4. If the National Industrial Recovery Board shall at any time 
determine that any action of the Code Authority or any agency 
thereof may be unfair or unjust or contrary to the public interest, 
the National Industrial Recovery Board may require that such action 
be suspended to afford an opportunity for investigation of the merits 
of each action and further consideration by the 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 (30) days' notice to it of intention to pro- 
ceed with such action in its original or modified form. 

Amend Article VI, Section 5 by deleting the present Section and 
substituting therefor the following : 

Subject to such rules and regulations as may be issued by the 
National Industrial Recovery Board, the Code Authority shall have 
the following powers and duties, in addition to those authorized 
by other provisions of the Code. 

(a) To incorporate itself, the Code Authority may incorporate 
under the laws of any State of the United States or of the District 
of Columbia, such corporation to be not for profit and to be known 
as " The Handkerchief Industry Code Authority " ; provided that 
the powers, duties, objects and purposes of the said corporation, shall, 
to the satisfaction of the National Industrial Recovery Board, be 
limited to the powers, duties, objects and purposes of the Code Au- 
thority as provided in the Code; provided further, that the Code 
Authority shall submit to the National Industrial Recovery Board, 
for its approval, its proposed Certificate of Incorporation and pro- 
posed by-laws, and no amendment of either shall be made without 



461 

the like prior approval of the National Industrial Recovery Board. 
If at any time, the National Industrial Recovery Board shall de- 
termine that the corporate status accrued by the Code Authority is 
interfering with the jn-oj^er exercise of its powers and duties under 
tiiis Code, or with the <'llectuation of the policies or purposes of the 
Act, it may, after such notice and hearin<^ as it may deem necessary, 
rccpiire an appropriate modilication of the structure of the Corpora- 
tion (if consistent with the law of the State of Incorporation), the 
substitution of a corporation created under the laws of another State 
in the same manner as the existing Code Authority, the substitution 
of a non-corporate Code Authority truly representative of the Indus- 
try or such other actions as it nuiy deeui expedient. 

(b) To elect officers and to assign to them su(;h duties as it may 
consider advisable, to set up rules for its own procedure, and to 
provide for its continuance as the administrative agency of this 
Code in accordance with the terms of the Act and the principles 
herein set forth. 

(c) To adopt by-laws, and rules and regulations for its procedure 
and for the administration and enforcement of this Code, and to sub- 
mit the same to the National Industrial Recovery Board for its ap- 
proval, together with true copies of any amendments or additions 
when made thereto, and minutes of meetings when held, and such 
other information as to its activities as the National Industrial Re- 
covery Board may deem necessary to effectuate the purposes of the 
Act. 

(d) 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. 

(e) To select a Confidential Agency. The Agency shall in no 
way be engaged in the industry or connected with any member 
thereof. The Code Authority shall furnish said Agency with such 
credentials as are necessary to facilitate its operations. 

The Confidential Agency shall obtain from all members of the 
Industry rejiorts of such character and in such form as is permitted 
under this Code and luider the Act. All individual reports shall be 
held as secret and confidential between the Agency and the reporting 
members, except as hereinafter provided. 

Each member of the industry shall maintain accurate and complete 
records of its transactions wherever such records may be required 
under any of the provisions of this Code, and shall furnish accurate 
reports based upon such records concerning any of such activities 
when required by the Code Authority or the iN"ational Industrial 
Recover};- Board. If the Code Authority or the National Industrial 
Recovery Board shall determine that substantial doubt exists as to 
the accuracy of any such report, so much of the pertinent books, 
records, and papers of such member as may be required for the verifi- 
cation of such report may be examined by an impartial agency 
agreed upon between the Code Authority and such member, or, in the 
absence of agreement, appointed by the iSTational Industrial Recovery 
Board. In no case shall the facts disclosed by such examination be 
made available in identifiable form to any competitor, whether on 
the Code Authority or otherwise, or be given any other publication, 
except such as may be required for the proper administration and 
enforcement of the provisions of this Code. 



462 

In addition to information required to be submitted to the Code 
Authority, members of the industry shall furnish such statistical 
information as the National Industrial Recovery Board may deem 
necessary for the purposes recited in Section 3-A of the Act, to such 
Federal and State Agencies as it may designate ; provided that noth- 
ing in this Code shall relieve any member of the industry of any 
obligations to furnish reports to any government agency. 

(f ) To secure from the Confidential Agency consolidated reports 
in respect to all matters pertinent to this Code. 

(g) To submit reports either directly to the National Industrial 
Recovery Board, (or through the Confidential Agency to it, if the 
reports be of a secret or confidential nature), in such form and at 
such time as it may require, in order that the President may be kept 
informed with respect to the observance or non-observance of the 
Code and of the Act. 

(h) To direct the Confidential Agency to make surveys and inves- 
tigations, compile reports, collect statistics in such manner and under 
such regulations as the Code Authority may prescribe, subject to 
disapproval of the National Industrial Recovery Board. 

(i) To create, subject to the approval of the National Industrial 
Recovery Board, a Trade Practice Complaints Committee which 
shall investigate all alleged violations of this Code other than alleged 
labor violations, and act upon the results thereof, and, if the findings 
justify, to transmit said findings to the National Industrial Recovery 
Board and to any other proper Governmental agency. 

(j) 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. 

(k) To make recommendations to the National Industrial Recov- 
ery Board for the coordination of the administration of this Code 
with such other codes, if any, as may be related to or affect member? 
of the industry, or any subdivision thereof. 

(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 by this Code 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 foregoin,g purposes 
and to meet such obligations out of funds which may be raised as 
hereinafter provided and which shall be held in trust for the pur- 
poses of the Code; (2) To submit to the National Industrial Recov- 
ery Board for its approval, subject to such notice and opportunity 
to be heard as it 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; and (3) After such 
budget and basis of contribution have been approved by the National 
Industrial Recovery Board, to determine and obtain equitable con- 
tribution as above set forth by all such membei's of the industry, and 
to that end, if necessary, to institute legal proceedings therefor in 
its own name. 



463 

Each mombor of the industi-y shall pay his or its equitable contri- 
bution to the expenses of tlie maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regu- 
lations pertainin*; thereto issued by the National Industrial liecovery 
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 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 
Kecovery Administration. 

The 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 con- 
tained 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 esti- 
mates, except those which the National Industrial Recovery Board 
shall have so approved. 

(m) To cause to be formulated methods of cost finding and ac- 
counting capable of use by all members of the industry, and to sub- 
mit such methods to the National Industrial Recovery Board for 
review. If approved by the National Industrial Recovery Board, 
full information concerning such methods shall be made available 
to all members of the industry. Thereafter, each member of the 
industry shall utilize such methods to the extent found practicable. 
Nothing herein contained shall be construed to permit the Code Au- 
thority, 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. 

(n) To make complaint to the President on behalf of the Indus- 
try, in accordance with the provisions of Section 3 (e) of the Act, 
whenever any article is being imported into the United States in 
substantial quantities or increasing ratio to domestic production of 
any competitive article or articles and on such terms or under such 
conditions as to render ineffective or seriously to endanger the main- 
tenance of this Code, and for the purpose of making such complaint, 
to secure from all members of the industry, through the Confidential 
Agency, all information necessary to support such complaint. 

(o) To establish or designate, subject to the approval of the Na- 
tional Industrial Recovery Board, such agencies on planning and 
fair practice as may be necessary, which agencies sliall cooperate 
with the Code Authority in developing fair trade practices and in- 
dustrial planning, including the regularization and stabilization 
of employment for the industry. 

(p) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
codes as may be related to the industry for the purpose of formu- 
lating fair trade practices to govern the relationships between em- 
ployers under this Code and employers under such other Codes to 
the end that such fair trade practices may be proposed to the 
National Industrial Recovery Board as amendments to this Code 



464 

and to such other codes, and to issue such further rules and regula- 
tions as may be necessary to establish such further fair trade prac- 
tices, as may be approved by the National Industrial Recovery 
Board. 

(q) To initiate, consider, and make recommendations for the 
modification or amendment of this Code, which modifications or 
amendments shall become effective as part hereof upon approval by 
the National Industrial Recovery Board after such notice as it may 
specify. 

(r) To provide appropriate facilities for arbitration, and, sub- 
ject to the approval of the National Industrial Recoveiy Board, to 
prescribe rules of procedure and rules to effect compliance with 
awards and determinations. 

(s) In order to assist in making effective the reports from the 
industry and in eliminating unfair competition, the Code Authority 
may appoint a committee so constituted as to give consumer and 
governmental representation satisfactory to the National Industrial 
Recovery Board to make a study with a view to the establishment 
of classifications and standards of quality and size of staple products 
of the industry wherever such standards are deemed feasible. The 
findings and recommendations of this committee shall be submitted 
to the National Industrial Recovery Board, and after such hearings 
and investigations as it may designate and upon approval by it 
shall be made a part of this Code and shall be binding upon every 
member of the industry. 

Amend Article VI, Section 6 by deleting the present Section and 
substituting therefor the following: 

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 Cod:^ 
Authority. Nor shall any member of the Code Authority be liable 
to anyone for any act or omission to act under this Code, except 
for his own willful malfeasance or non-feasance. 

Amend Article VI by adding a new Section 7 as follows: 

7. There shall be established an Industrial Relations Committee 
for the Industry, which shall consist of an equal number of repre- 
sentatives of employers and employees and an impartial chairman. 
The National Industrial Recovery Board shall appoint such impartial 
chairman upon the failure of the committee to select one by agree- 
ment. If no truly representative labor organization exists, the em- 
ployee members of such board may be nominated by the Labor Ad- 
visory Board of the N. R. A. and appointed by the National Indus- 
trial Recovery Board. The employer representatives shall be chosen 
by the Code Authority, Such committee shall deal with complaints 
relating to labor in accordance with rules and regulations issued by 
the National Industrial Recovery Board. The Industrial Relations 
Committee may establish such divisional, regional, and local indus- 
trial adjustment agencies as it may deem desirable, each of which 
shall be constituted in like manner as the Industrial Relations Com- 
mittee. 



465 

Delete Article VII In Its Entirety. (The Present Article VIII 
Now Becomes Article VII and the Present Article IX Becomes Arti- 
cle VIII.) 

Amend Article VII, Section 1 By Deleting the Present Section and 
Substituting Therefor the Following: 

1. No member of the Industry shall directly or indirectly give, 
permit to be given, or offer to give, anything of value for the purpose 
of influencing or rewarding the action of any employee, agent or 
representative of another in relation to the business of the employer 
of such employee, the principal of such agent, or the represented 
party, without the knowledge of such employer, principal, or party. 
This provision shall not be construed to prohibit free and general 
distribution of articles commonly used for advertising except so far 
as such articles are actually used for commercial bribery as herein- 
above defined. 

Amend Article VII, Section 2 By Deleting the Present Section 
and Substituting Therefor the Following: 

2. No member of the industry shall make or allow to be made any 
payments or allowance of rebates, refunds, commissions, credits, or 
unearned discounts, whether in the form of money or otherwise, or 
extend to certain purchasers any special services or privileges not 
extended to all purchasers on like terms and conditions. No member 
of the Industry shall allow buying commissions, rebates, extra dis- 
counts, or other concessions to purchasing agents or to purchasing 
agencies. 

Amend Article VII, Section 4 By Deleting The Present Section 
and Substituting Tlierefor The Following: 

4. No stock protection shall be given involving price adjustment on 
merchandise delivered and no price guaranty shall be given against 
decline on orders booked for future delivery. 

Amend Article VII, Section 5 By Deleting The Present Section 
and Substituting Therefor The Following: 

5. No member of the Industr}^ shall accept the return of merchan- 
dise sold to a customer in good faith and shipped in accordance with 
specifications, order, or contract. In no event shall any merchandise 
be accepted for return, if retained by a customer for more than ten 
(10) daj^s after receipt of the merchandise, unless the said merchan- 
dise is returned because of hidden defects effecting the salability of 
the merchandise. 

Amend Article VII By Adding A New Section 21, As Follows : 

21. No member of the Industry shall deviate from the price fixed 
by a contract. All Contracts and/or orders shall be binding in 
accordance with the provisions thereof. 

Amend Article VII By Adding A New Section 22, As Follows : 

22. No member of the Industry shall accept the attempted cancel- 
lation of a contract, where the effect of such cancellation would be 
to circun'ivent any provision of this Code. 



466 

Amend Article VII By Adding A New Section 23, As Follows: 

23. No member of the Industry shall ship merchandise on consign- 
ment or memorandum. 

Amend Article VII By Adding A New Section 24, As Follows : 

24. No member of the Industry shall procure or attempt to pro- 
cure, any information concerning the business of another member 
which is properly regarded by such member as a trade secret or 
confidential within its organization (except on consent of such 
member). 

Amend Article VII By Adding A New Section 25, As follows : 

25. No member of the Industry shall pack handkerchiefs not of 
first quality in sealed cartons or envelopes or in any other sealed 
containers so that the whole or part of the handkerchief is not easily 
accessible for examination unless said individual containers are 
clearly marked " seconds " or otherwise appropriately designated as 
containing merchandise other than " firsts ". 

Amend Article VII, By Adding A New Section 26, As Follows : 

26. (a) When the basic fabric from which a handkerchief is manu- 
factured, embodies in either the warp or the filling, or both, more 
than one kind of yarn, no matter from what fibre or filaments the 
yarn may be spun, the handkerchief manufactured from such fabric 
shall not be labelled or by any form of phraseology be designated or 
referred to by the name of any one only of the component fibres or 
filaments, unless such component constitutes by thread count 80% of 
the fabric, and provided further, that unless the fabric is genuinely 
100% of any fibre or filament designation (linen, cotton, silk, rayon, 
etc.) exclusive of regular selvage, except as hereinafter provided for 
fancy woven materials, the actual percentage by thread count of any 
component of at least 60% and which is less than 100%, shall be 
prominently indicated on any label or ticket identifying the hand- 
kerchiefs manufactured from such fabric. 

In the case of fancy woven materials, in which the warp and the 
filling of the plain weave are made from yarns of the same fibre, 
whether the fancy elements are plain corded or fancy borders, or all- 
over effects, such as checks or plaids, and are made of yarns of other 
fibres or filaments, only the true fabric name of the plain weave may 
be designated, if only one fibre element is specified on the label. 

The above prohibitions shall not apply to merchandise delivered 
on or before December 31st, 1934, provided that Sections 18 and 19 
of this Article are not violated. 

(b) The elements used for appliques, embroidered embellishments, 
lace corners, lace edges, or any material attached in any way to com- 
plete the handkerchiefs, shall not be considered as affecting the true 
designation of the basic materials as herein specified. 

(c) No member of the Industry shall use labels, the wording of 
which emphasizes in any manner a minor element in the manufacture, 
construction or finish of the handkerchief fabric, or in the processing 
or embellishment of the handkerchief itself, which descriptive word- 
ing may have a tendency to induce a ])urchaser to believe that the 
said wording applies to the handkerchief as a whole or to the basic 
fabric referred to in paragraph marked " a " of this Section. 



467 

(d) No member of the Industry shall so label handkerchiefs, 
specially or otherwise, at the request of any purchaser or purchasing 
agency as to in any way conflict with the provisions of this Section. 

Amend Article VII By Adding A New Section 27, As Follows: 

27. No member of the"^ Industry shall, in sampling fancy white 
satin strips or prints, or white cords, or colored cords, or colored 
woven borders, insert samples in sample folders so as to conceal from 
the i^rospective customers the fact that one side of the hamlkerchief 
is raw selvage, unstitched, unless a consj^icuous label or marking of 
some kind is placed on the handkerchief indicating that only three 
sides of the handkerchief are hemmed. 

Amend Article VII By Adding A New Section 28, as Follows : 

28. The Code Authority shall create, subject to the a):)proval of the 
National Industrial Recovery Board, appropriate regulations and 
facilities for the registration of neAv or original styles, designs or 
patterns of handkerchiefs. Upon the creation of such regulations 
and facilities and upon the approval thereof by the National Indus- 
trial Recovery Board, no member of the Industry other than the 
registering member shall manufacture or cause to be manufactured 
any handkerchiefs incorporating any such new or original styles, de- 
signs, or patterns as may be registered as hereinabove provided, 
except upon the written consent of the registering member. 

Amend Article VIII, Section 1 By Deleting The Present Sections 
and Substituting Therefor The Following: 

Maximum terms of sale for this Industry shall be — 

1. Net cash ten (10) days; or with an equalizing differential in the 
price, two per cent (2%) ten (10) days — sixty (60) extra; or two and 
one-half per cent (21/2%) ten (10) days — thirty (30) extra; or 
three per cent (3%) ten (10) days; or C. O. D. three per cent (3%). 

The cash discounts as outlined in this Section shall be interpreted 
as maximum discounts allowed under this Article. Members of the 
Industry shall be permitted to sell at terms other than those speci- 
fically stated in this Article, provided, however, that such terms shall 
not be more advantageous or more liberal than those terms specified 
in this Article, and further, that such dating shall not in any case 
exceed seventy (70) days from date of billing of merchandise to the 
buyer, and further, that in no case shall the cash discount be in 
excess of three per cent (3%). 

Amend Article VIII, Section 5 By Deleting The Present Section 
and Substituting Therefor The Following: 

5. No member of the Industry shall allow discount if bill is not 
paid within fifteen (15) days of due date at the office at which the 
account is due and payable. 

Amend Article VIII, Section 9 By Adding To The Present Section 
The Following : 

9. The term " packaged, trade-marked handkerchiefs " as used 
herein, shall mean and include one (1), two (2), or three (3) hand- 
kerchiefs completely encased in a carton or sealed envelope wrap, 
which carton or wrap bears thereon the trade-mark of the member of 
the Industry and a suggested retail price. 



468 

Amend Article VIII By Adding A New Section 10, As Follows: 

10. No member of the Industry shall give any discount3 except 
as provided in this Article whether in the nature of trade discounts or 
increased cash discounts and whether arrived at by increasing the 
gross selling price or in any other manner. 

Amend Article VIII By Adding A New Section 11, As Follows : 

11. The seller shall designate the terms of payment under which 
his merchandise shall be sold in accordance with Section 1 of this 
Article. 

Amend Article VIII By Adding A New Section 12, As Follows: 

12. A member of the Industry may bill merchandise shipped on or 
after the 25th of the month as of the first of the following month. 

Amend Article IX, By Substituting the Present Article IX for 
the Former Article VIII and Substituting as the Present Article IX, 
The Following Sections: 

Article IX — NRA Labels 

1. Hereafter, the Code Authority may apply to the National In- 
dustrial Recovery Board for grant of the necessary authority and 
exclusive right to issue and sell NRA labels, or authorized substitutes 
therefor, to members of the Industry ; and, upon the issuance of ap- 
propriate orders by the National Industrial Recovery Board, under 
powers vested in it by Executive Orders of the President, including 
Executive Order No. 6859 and otherwise, the Code Authority shall 
have the exclusive right in this Industry to issue and sell said labels 
or said authorized substitutes to the members of said Industry; and 
thereafter all merchandise manufactured subject to the provisions of 
this Code shall bear on the carton containing such merchandise, or 
in such other place as the Code Authority, subject to review by the 
National Industrial Recovery Board, may designate, an NRA label, 
or an authorized substitute therefor, to symbolize to purchasers of 
said merchandise the conditions under which it has been manufactured, 

2. The issuance and sale of said labels, and/or of said authorized 
substitutes, shall be governed by the following rules and regulations, 
and such other rules and regulations as may hereafter be issued 
or approved by the National Industrial Recovery Board : 

(a) Each label shall bear a registration number or numbers es- 
pecially assigned to each member of the industry by the Code Au- 
thority, or a serial number, and shall remain attached to all such 
merchandise when sold to the retail distributor. 

(b) Any and all members of the Industry may apply to the Code 
Authority for a permit to use such NRA label, which permit shall 
be granted to them only if and so long as they comply with this 
Code. 

(c) For the purpose of ascertaining the right of members of the 
Industry to the continued use of labels and of protecting purchasers 
of merchandise bearing such labels and of insuring to each individual 
member of the Industry that the symbolism of such label will be 
maintained by virtue of compliance with the provisions of this Code 
by all members of the Industry using said label, the Code Authority 



469 

shall establish rules and ref^ulations and appropriate machinery for 
the issuance of labels and the inspection, examination and supervi- 
sion of the practices of members of the Industry. 

(d) The charge made for such labels by the Code Authority shall 
be subject to the approval of the National Industrial Recovery Board. 

(e) The application of the provisions of this Article and the rules 
and regulations governing the issuance and use of said labels shall 
at all times be subject to rules and regulations issued by the National 
Industrial Recovery Board. 

Amend Article X, Section 10, Deleting the Present Section 10 
and Substituting Therefor the Following: 

All members of the Industry shall post and keep posted in a con- 
spicuous place accessible to employees complete copies of this Code. 
In addition to the foregoing complete copies of all labor provisions 
of this Code together with any necessary interpretations shall be 
placed in a conspicuous place on each factory floor and in all places 
of business other than the factory where three or more persons are 
employed. Such posted copies of the labor provisions of this Code 
and of the said interpretations shall be in English and/or in any 
other necessary language or languages. 

Amend Article X By Adding A New Section 12, As Follows: 
Every employer shall provide for the safety and health of em- 
ployees during the hours and at the places of their employment. 
Standards of safety and health shall be submitted by the Code Au- 
thority to the National Industrial Recovery Board within three (3) 
months after the effective date of this amendment. 

Approved Code No. 53 — Amendment No. 2. 
Registry No. 237-1-01. 



Approved Code No. 235 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TEXTILE PROCESSING INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approving Amendment of 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 amendments 
to a Code of Fair Competition for the Textile Processing Industry, 
and an opportunity to file objections thereon having been given and 
the annexed report on said amendments, 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 by 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, Administi^ative Officer, 

Approval recommended: 
Harry S. Berry, 

Acting Division Administrator, 

Washington, D. C, 

Octoher 31, 193J^. 

09613'*— 34 24 . (471^ 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the results of the Notice of an Opportunity 
to File Objections to the amendments to the Code of Fair Competi- 
tion for the Textile Processing Industry, which was issued Sep- 
tember 10, 1934, with the provision that objections against the 
Proposed Amendments could be filed any time prior to Sei)tember 
25, 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, all complaints received 
were given careful consideration and all statutory and regulatory 
requirements were complied with. 

PROVISIONS OF THE AMENDMENTS 

There are two amendments as follows : 

1. The addition of a new section, number 14 to Article I defines 
the term " any twelve months." 

2. The amendment of Article III, Section 1 (e) provides that 
each member of the Industry shall keep accurate and complete 
records of such of his or its transactions in the Industry as may 
be necessary to enable the Code Authority or the National Indus- 
trial Recovery Board to observe and determine whether or not such 
member is complying with the provisions of the Code. It is also 
provided that the Code Authority or the National Industrial Re- 
covery Board may cause the examination of such books and records 
as may be required, this examination to be made by an impartial 
agency. 

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 among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and superv'ision, by eliminating unfair compe- 
titive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 

(472) 



473 

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 the standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended comi)lies in all respects with the pert- 
inent 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 designated 
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. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 
October 31, 1934 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
TEXTILE PROCESSING INDUSTRY 

Article I is hereby amended by the addition of a new section, to 
read as follows : 

14. The term " any twelve months " as used hereinafter means a 
period of fifty-two (52) weeks, beginning with the first Monday in 
February of each year, and each subsequent fifty-two (52) week 
period following thereafter : it is understood that the fifty-two (52) 
week period for the year 1934 dates from February 5, 1934. 

Article III Section I subsection (e) is hereby amended to read as 
follows : 

(e) Each member of the industry shall keep accurate and com- 
plete records of such of his or its transactions in the industry as 
may be necessary to enable the Code Authority or the National 
Industrial Recovery Board to observe and determine whether or not 
such member is complying with the provisions of this Code, and 
shall furnish accurate reports based upon such records concerning 
any such activities to and when required by the Code Authority or 
the National Industrial Recovery Board. The Code Authority or 
the National Industrial Recovery Board may cause the examination 
of such books, records and/or papers of any member of the Indus- 
try as may be pertinent to such reports for the verification thereof 
by an impartial agency, agreed upon by the Code Authority and such 
member, or in the absence of agreement, appointed by the National 
Industrial Recovery Board. In no case shall the facts disclosed by 
such examination be made available in identifiable form to any com- 
petitor or other member of the Industry whether on the Code 
Authority or otherwise, or be given any publication, except such as 
may be required for the proper administration or enforcement of the 
provisions of this Code. 

Approved Code No. 235 — Amendment No. 5. 
Registry No. 299-1-13. 

(474) 



Approved Code No. 84H1 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

WIRE ROPE AND STRAND MANUFACTURING 

INDUSTRY 

As Approved on October 31, 1934 



ORDER 



Approm^xg Amendment of Supplementary Code of Fair CoMPEn- 
TioN FOR the Wire Rope and Strand Manufacturing Industry 

A division of the fabricated metal prc)Ducts manufacturing and 
metal finishing and metal coating 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 the approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Wire 
Rope and Strand Manufacturing Industry, and opportunity to be 
heard thereon having been duly noticed and the annexed report on 
said amendment, containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 
tind that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions 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 Supplementary Code is hereby 
amended, such approval and such amendment to take effect fifteen 
(15) days from the date hereof, unless good cause to the contrary 
is shown to the National Industrial Recovery 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, Adviinhtrative Officer. 

Approval recommended : 
Kilbourne Johnston, 

Acting Division Administrator. 

Washington, D. C, 

October 31, 1934. 

(475) 



REPOKT 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 Wire Rope and Strand Manufac- 
turing Industry, a Division of the Fabricated Metal Products Manu- 
facturing and Metal Finishing and Metal Coating Industry to 
incorporate the principles contained in Executive Order No, 6678 
of April 14, 1934, relating to the expenses of Code Administration. 
This amendment was proposed in accordance with Article IX of 
the Supplementary Code as approved May 24, 1934, and notice of 
opportunity to be heard was given from September 25 to October 
9, 1934. 

FINDINGS 

The Deputy Administrator in his final report to us 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 : 

We find that: 

(a) The amendment 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 supervision, by eliminating unfair competitive practices, by 
pro«noting the fullest possible utilization of the present productive 
capacity of industries, by avoiding undue restriction of production 
(except as may be temporarily required), by increasing the consump- 
tion of industrial and agi'icultural products through increasing pur- 
chasing power, by reducing and relieving unemployment, by improv- 
ing 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 Supplementary Code and the Supplementary Code as 
amended are not designed to and will not permit monopolies or 
monopolistic practices. 

(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. 

(476) 



477 

(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, therefore, this amendment has been approved. 
For the National Industrial Recovery Board : 

G. A. Lynch, 
Administrative Officer. 
OCTOBEK 31, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE WIRE ROPE AND STRAND 
MANUFACTURING INDUSTRY 

A DIVISION OF FABRICATED METAL PRODUCTS MANUFACTURING AND METAL 
FINISHING AND METAL COATING INDUSTRY 

Amend Article IV by deleting Section 4 and substituting in lieu 
thereof the following : 

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 purpose of the Supplementary Code ; 

(b) To submit to the National Industrial Recovery Board for 
approval, subject to such notice and opportunity to be heard as may 
be deemed 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 inclustry ; 

(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. 

2. Each member of the industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Supplementary 
Code Authority, determined as hereinabove provided, and subject 
to rules and regulations pertaining thereto issued by the National 
Industrial Recovery Board. Only members of the Industry com- 
plying with the Supplementary Code and contributing to the ex- 
penses of its administration as hereinabove provided, unless duly 
exempted from making such contributions, shall be entitled to par- 
ticipate in the selection of members of the Supplementary Code 
Authority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

3. The Supplementary Code Authority shall neither incur nor pa^ 
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 Nati(mal Industrial Recovery Board ; and no subsequent bud- 
get 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. 

Amend Article IV, Section 7 by deleting Subsections E and F 
and renumbering Subsection G to read Subsection E. 

Approved (^ode No. S4-II-1 — Amendment No. 1. 
Registry No. 1151-03. 

(478) 



Approved Code No. 72A — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

CAN LABELING AND CAN CASING MACHINERY 
INDUSTRY AND TRADE 

As Approved on November 1, 1934 



ORDER 



Approving Aimendment of Supplementary Code of Fair Competi- 
tion FOR THE Can Labeling and Can Casing Machinery Industry 
AND Trade 

A division of the Ackaging machinery industry and trade 

An application havinfj been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, apjoroved June 16, 1933, for approval of an amend- 
ment to a Supplementary Code of Fair Competition for the Can 
Labeling and Can Casin<j^ Machinery Industry and Trade, and 
notice of opportunity to be heard having been given and the an- 
nexed 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 27, 1934, and otherwise, 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment 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, 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 Re- 
covery Board before that time and the National Industrial Recovery 
Board issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harkiman, AdTninistrative Officer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator, 

Washington, D, C, 

November 7, 193^. 

(479) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on an Amendment of the Supplementary 
Code of Fair Competition for the Can Labeling and Can Casing 
Machinery Industry and Trade, a Division of the Packaging 
Machinery Industry and Trade, in accordance with Executive Order 
No. 6678 of April 14, 1934, relating to expense of Code Administra- 
tion, 

This Amendment is designed to replace Section 3, Article IV, of 
the Supplementary Code, approved May 5, 1934. Notice of Oppor- 
tunity to be Heard was given from July 14, 1934, to July 28, 1934; 
no objections were filed. 

FINDINGS 

The Deputy Administrator in his final report on said Amendment, 
having found as herein set forth, and on the basis of all the pro- 
ceedings in this matter : 

The National Industrial Recovery Board finds that: 

(a) The Amendment of said Supplementary Code and the Sup- 
plementary Code as amended are well designed to promote the poli- 
cies and purposes of Title I of the National Industrial Recovery Act 
including 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 organiza- 
tion of industry for the purpose of cooperative action among trade 
groups, by inducing and maintaining united action of labor and 
management under adequate governmental sanction and supervision, 
by eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity oi industries, 
by avoiding undue restriction of production (except as may be tempo- 
rarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by reduc- 
ing 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 Secition 10 thereof. 

(c) Article X of the Supplementary Code empowers the Sub-Code 
Authority, upon approval by the Code Authority, to present Amend- 
ments on behalf of the Industry and Trade. 

(d) The Amendment and the Supplementary Code as amended are 
not designed to and will not permit monopolies or monopolistic 
practices, 

(480) 



481 

(e) The Amendment and the Supplementary Code as amended afd 
not designed to and will not eliminate or oppress small enterprises 
and will not operate to discriminate a<»;ainst 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 by this 
Board. 

For the National Industrial Recovery Board : 

W. A. Harkiman, 
Administrative Ojjicer. 
November 1, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE CAN LABELING AND CAN 
CASING MACHINERY INDUSTRY AND TRADE 

A DIVISION OF THE PACKAGING MACHINERY INDUSTRY AND TRADE 

PURPOSE 

Pursuant to Article X of the Supplementary Code of Fair Com- 
petition for the Can Labeling and Can Casing Machinery Industry 
and Trade, duly approved by the President on May 5, 1934, and fur- 
ther to effectuate the policies of Title I of the National Industrial 
Recovery Act, the following amendment is established as a part of 
said Supplementary Code of Fair Competition and shall be binding 
upon every member of the Can Labeling and Can Casing Machinery 
Industry and Trade. 

AMENDMENT 

Delete Article IV, Section 3, and in lieu thereof substitute the 
following : 

3. Assessments. — (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 Sub-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 Supplementary 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 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 and trade ; 

(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 industry and trade, and to that end, if necessary, to institute 
legal proceedings therefore in its own name. 

(b) Each member of the industry and trade shall pay his or its 
equitable contribution to the expenses of the maintenance of the 
Sub-Code Authority, determined as hereinabove provided, and sub- 
ject to rules and regulations pertaining thereto issued by the Na- 
tional Industrial Recovery Board. Only members of the industry 
and trade complying with the Supplementary Code and contribut- 
ing to the ex])enses of its administration as hereinabove provided, 
(unless duly exempted from making such contributions), shall be 

(482) 



483 

entitled to participate in the selection of members of the Sub-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 Sub-Code Authority shall neither incur nor pay any 
obli<jfation substantially in excess of the amount thereof as e.stinuited 
in its approved bud<ret, and shall in no event exceed the total amount 
contained in the ai)proved bud<2;et, excei)t ujxju api)roval of the Na- 
tional Industrial Recovery Board; and no subsequent budget shall 
contain any deficiency item for expenditures in excess of ])rior 
budget estimates except those which the National Industrial Recov- 
ery Board shall have so approved. 

Approved Code No. 72A — Amendment No. 1. 
Registry No. 1399-3UA. 



Approved Code No. 277 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

GRAY IRON FOUNDRY INDUSTRY 

As Approved on November 1, 1934 



ORDER 



AppRO\^NG Amendment of Code of Fair Competition for the Gray 
Iron Foundry 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 Gray Iron Foundry In- 
dustry, 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 author- 
ity vested in it by Executive Orders of the President, 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 amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Q-fficer, 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 



Washington, D. C, 

November 1, 1931}.. 



(485) 



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 Gray Iron Foundry Industry, the Code having been 
approved by your Order of February 10, 1934. 

Notice of Opportunity to be Heard on this amendment was duly 
posted to all interested parties providing an opportunity to file objec- 
tions, and one objection was received which was given due consid- 
eration. 

The Code is amended to incorporate the model Price Filing Pro- 
vision and the Destructive Price Cutting Provision. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 
National Industrial Recovery Board on said amendment t