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NATIONAL RECOVERY ADMINISTRATION
NATIONAL INDUSTRIAL RECOVERY BOARD
CODES OF FAIR COMPETITION
Nos. 532-538
AS APPROVED
NOVEMBER 7-DECEMBER 19, 1934
WITH SUPPLEMENTAL CODES, AMENDMENTS
EXECUTIVE AND ADMINISTRATIVE
ORDERS ISSUED BETWEEN
THESE DATES
VOLUME XIX
WE DO OUR PART
' • .' ' uSriTKD' StAtes
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1935
MAY 26 1936
with Supt. of Documeflb
CONTENTS
Code
No.
532
533
534
535
536
537
538
Industry
CODES OF FAIR COMPETITION
Car Advertising Trade
Window Glass Manufacturing
Horse Hair Dressing
Brattice Cloth Manufacturing
Chlorine Control Apparatus Industry and Trade
Blue Print and Photo Print
Women's Neckwear and Scarf Manufacturing
Date
ap-
proved,
1934
Nov.
22
Nov.
22
Nov.
24
Nov.
26
Dec.
18
Dec.
18
Dec.
19
Industry
Date
AMENDMENTS
Undergarment and Negligee, No. 1
Wood Plug, No. 2
Milk Filtering Materials and Dairy Products Cotton Wrap-
pings, No. 1
Millinery, No. 2
Replacement Axle Shaft Manufacturing, No. 1 (A Division of
Automotive Parts and Equipment Manufacturing)
Slit Fabric Manufacturing, No. 1
Wholesale Lobster, No. 1 (A Division of Fishery)
Cutlery, Manicure Implement and Painters and Paperhangers
Tool Manufacturing and Assembling, No. 1 (A Division of
Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating)
Outdoor Advertising Trade, No. 1
Ready-Made Furniture Slip Covers Manufacturing, No. 1
Sanitary and Waterproof Specialties Manufacturing, No. 1
Wooden Insulator Pin and Bracket Manufacturing, No. 1
Light Sewing Industry Except Garments, No. 6
Machinery and Allied Products, No. 6
Machinery and Allied Products, No. 7__
Cap and Cloth Hat, No. 1
Warm Air Furnace Pipe and Fittings Manufacturing, No. 1
(A Division of Fabricated Metal Products Manufacturing
and Metal Finishing and Metal Coating)
Fresh Ovster, No. 1 (A Division of Fishery)
Retail Trade, No. 7..
Textile Print Roller Engraving, No. 2
Anti-Friction Bearing, No. 2
Warm Air Furnace Manufacturing, No. 3
Air Filter, No. 1 (A Division of Machinery and Allied Products)
Furniture and Floor Wax and Polish, No. 2
Machine-Applied Staple and Stapling Machine, No. 2
Ro3k Crusher Manufacturing, No. 1
Retail Food and Grocery Trade, No. 3
Wholesale Food and Grocery Trade, No. 3
Cotton Cloth Glove Manufacturing, No. 5
Dress Manufacturing, No. 3
Electric and Neon Sign, No. 1
(III)
1- 7-34
1- 7-34
9-34
9-34
9-34
9-34
1- 9-34
11-12-34
11-12-34
11-12-34
11-12-34
11-12-34
11-14-34
11-14-34
11-14-34
11-15-34
11-15-34
11-16-34
11-16-34
11-16-34
11-19-34
11-19-34
11-22-34
11-22-34
11-22-34
11-22-34
11-23-34
11-23-34
11-24-34
11-24-34
11-24-34
CONTENTS— Continued
Industry
Date
Page
277
281
28o
289
293
297
301
307
AMENDMENTS— Continued
Insecticide and Disinfectant Manufacturing, No. 1
Men's Neckwear, No. 5
Lumber and Timber Products, No. 25.-
Printers' Rollers, No. 2
Bankers, No. 2
Readv-Made Furniture Slip Covers Manufacturing, No. 2
Retai'l Jewelry Trade, No. 3 .
Wool Felt Manufacturing, No. 1
Bulk Drinking Straw, Wrapped Drinking Straw, Wrapped
Toothpick and Wrapped Manicure Stick, No. 2
Chinaware and Porcelain Manufacturing, No. 3
Cloth Reel, No. 1 '
Macaroni, No. 4 L.
Leather and Woolen Knit Glove, No. 2 •
Rolling Steel Door, No. 1 __. .
Pasted Shoe Stock, No. 1
Robe and Allied Products, No. 2
Steam Heating Equipment, No. 2
Clay and Shale Roofing Tile, No. 2
Fresh Water Pearl Button Manufacturing, No. 2.,
Print Roller attd- Print Block Manufacturing, No. 2j _.
Motor Vehicle Retailing Trade, No. 4
Air Transport, No. 2__' i
Commercial Refrigerator, No. 2
Salt Producing, No. 2
Ice Cream Cone, No. 1
Retail Lumber, Lumber Products, Building Materials and Build-
ing Specialties Trade, No. 4
Ring Traveler Manufacturing, No. 1
Steel Tubular and Fire Box Boiler, No. 1 ,
Alloys, No. 1
Baking, No. 3
Blue C.ab, No. 1 (A Division of Fishery) :•
Lumber and Timber Products, No. 26
Machinery and Allied Products, No. 8
Retail Monument, No. 2
Rubber Manufacturing, No. 3
Picture Moulding and Picture Frame, No. 2
Restaurant, No. 2
APPENDIX
Metal Spinning and Stamping Manufacturing
CANCELLATION
Cinders, Ashes, and Scavenger Trade
SUPPLEMENTS
Cereal Machinery, No. 44, for Machinery and Allied Products
Architectural, Ornamental, and Miscellaneous Iron, Bronze,
Wire and Metal Specialties Manufacturing, No. 55, for Fab-
ricated Metal Products Manufacturing and Metal Finishing
and Metal Coating
Linen Importing Trade, No. 2, for the Importing Trade
Automotive SIiop J'j(iuipment Manufacturing, No. 7, for Auto-
motive Parts and Equipment Maiuifacturing
Powdered Metal Bearing Manufacturing, No. 8, for Automo-
tive Parts and Equipment Manufacturing
New England Sardine Canning, No. 8, for Fishery
(IV)
1 1-^24-34
11-24-34
11-27-34
11-27-34
11-28-34
11-30-34
11-30 34
1 1-30-34
12-
- 3-34
315
12-
- 3-34
319
12-
- 3-34
323
12
- 3-34
327
12-
- 4-34
333
12-
- 4-34
341
12-
- 6-34
345
12-
- 6-34
349
12-
- 6-34
355
12
7-34
359
12-
- 7-34
367
12-
- 7-34
371
12-^
- 8-34
375
12-
-10-34
379
12-
12-34
385
12-
-12-34
389
12-
-13-34
393
12-
13-34
399
12-
13-34
403
12-
14-34
409
12-
18-34
415
12-
18-34
419
12-
-18-34
423
12-
-18-34
429
12-
-18-34
433
12-
18-34
437
12-
18-34
441
12-
19-34
445
12-
19-34
449
11-
22-34
453
12-
19-34 1
459
11-14-34 1 463
11-20-34
11-22-34
11-30-34
12-18-34
12-18-34
479
495
505
517
527
CONTENTS— Continued
Industry
Date
Page
ADMINISTRATIVE ORDERS
Government contracts and contracts involving the use of gov-
ernment funds, Seth Thomas Clock Company during period
from July 1 to December 31, 1934
Rubber Manufacturing, Jar Rings Subdivision, Mechanical
Rubber Goods Division, Trade Practices, Partial stay of
Undergarment and Negligee, Competitive conditions, Exten-
sion of time to report on - —
Agricultural Insecticide and Fungicide, Costs, Determination
for Lead Arsenate and Calcium Arsenate of lowest reasonable.
Crushed Stone, Sand and Gravel, and Slag Industries, Con-
struction, Hours and wages, Providing specified exemption
subject to compliance with superior provisions applicable to_
Fire Resistive Safe, Cost formula. Extending time to report a__
Plumbago Crucible, Labor complaints, Authorizing the Com-
pliance Division of N. R. A. to handle
Plumbago Crucible, Labor Complaints Committee, Exempting
Supervisory Agency from provisions requiring establishment
of
Sanitary and Waterproof Specialties Manufacturing, Ruljber
Manufacturing, Jurisdictional adjudication for raincapes
Underwear and Allied Products Manufacturing, Knit Elastic
Fabric Group, Hours and wages. Modification of provisions
relevant to — for
Carpet and Rug Manufacturing, Drops, Partial stay of Trade
Practices relevant to
Cigar Manufacturing, Hazardous occupations, Approving a list
of
Filing Supply, Cost formula. Extending time to report a
Sheltered Workshops, Members, Appointing Committee
Cotton Cloth Glove Manufacturing, Piecework rates. Approving
minhnum
Fishery, Canning, Clam packing, Jurisdictional interpretation
removing subjection to the former subject to compliance
with the latter
Government contracts and contracts involving the use of gov-
ernment funds, Chicago Title and Trust Company of Chicago,
Illinois, in connection with slum-clearance projects in Chicago,
Illinois
Ice, Minimum prices, Extending declaration of emergency in
New Orleans, La., area relevant to
New England Fish and Shellfish Preparing and Wholesaling or
Wholesaling, Canning, Clam packing, Jurisdictional inter-
pretation removing subjection to the former subject to com-
pliance with the latter
Shipbuilding and Shiprepairing, Hours, Granting further exten-
sion of exemption for designers and mold loftmen from pro-
visions relevant to
Business Furniture, Storage Equipment and Filing Supply,
Steel Shelving Division, Terms of sale. Granting exemption
for transactions with governmental agencies
Government contracts and contracts involving the use of gov-
ernment funds. Contract with the 1200 Tire Company,
Clarksdale, Miss., for government-owned automobile storage. _
Canning, Buyer classification, Stay of provisions applicable to
Clay Drain Tile Manufacturing, Hazardous occupations. Ap-
proving a list of
Commercial Aviation, Registration of members, Extending
time for
Commercial Aviation, Wages, Extending time for submission of
proposal for adjustment in
(V)
1- 7-34
1- 7-34
1- 7-34
1- 9-34
1- 9-34 548
1- 9-34 I 549
1- 9-34 550
1- 9-34
1- 9-34
1-10-34 553
1-12-34 554
1-12-34
1-12-34
1-12-34
1-14-34
1-14-34
1-14-34
1-14-34
1-14-34
1-14-34
1-15-34
1-15-34
1-16-34
l-lG-34
1-16-34
1-16-34
CONTENTS— Continued
Industry
ADMINISTRATIVE ORDERS— Continued
Government contracts and contracts involving the use of gov-
ernment funds, Luce's Press Clipping Bureau furnishing
Federal Aviation Commission with clipping service
Government contracts and contracts involving the use of gov-
ernment funds. Post Office lease at Pecos, Texas, from Luther
E. Patterson, 114 Vq South Hudson Street, Oklahoma City
Paint, Varnish and Lacquer Manufacturing, Labor Complaints,
Authorizing N. R. A. to handle
Vitreous Enameled Ware Manufacturing, Terms of payment for
industry- products. Staying code provisions relevant to
Waste Paper Trade, Prices, Revising minimum net
Baking, Mutilation of returns, Approving methods of
Cotton Carment, Rubber Manufacturing, Jurisdictional adjudi-
cation for rul)berized suedine jackets
Dog Food, Code Authority organization, Stay of code provisions
relevant to
Paper Distributing Trade, Reports, Authorizing Code Author-
ity to procure certain reports from the members of the Trade-
Quotations to governmental agencies, Metal Window Industry,
Interpretation for — relevant to
Restaurant, Insignia, Removal and restoration delegated to
State Compliance Directors
Retail Trade, Hours, Staying provisions for a specified period
relevant to peak period work
Secondarv Almninum, Hazardous occupations, Approving a list
of 1
Retail Trade, Hours, Posting required for stay of provisions for
a specified period relevant to peak period work
I'sed Textile Machinery and Accessories Distributing Trade,
Hazardous occupations. Approving a list of
Witch Hazel, Hazardous occupations. Approving a list of
Agricultural Insecticide and Fungicide, Price filing provisions
for inter-industry sales, Temporary stay for
Artistic Lighting Ec|uipment Mamifacturing, Price lists. Ex-
tending time to file
Baking, Report of Code Authority on labor, hour and wage
provisions, Extending time for the
Cap and Cloth Hat, Hours for the starting and stoppage of
work. Designating uniform
Cotton Garment, Commission on Contractors, Extending time
for submission of report by the
Sand-Lime Brick, Hazardous occupations. Approving a list of_
Leather and Woolen Knit Glove, Hours and wages, Modifying
provisions relevant to — during a specified peak period
Leather and Woolen Knit Glove, Importing Trade, Jurisdic-
tional interpretation applicable to glove importers
Picture Moulding and Picture Frame, Prices, Granting partial
stay of j)ro visions relevant to
Textile Examining, Shrinking and Refinishing, National Textile
Refinishers Association, Approving the code subject to revi-
sion of By-Laws for the — and jurisdictional classification
for Cotton Textile
Tmbrella Frame and I'mbrella Hardware Manufacturing,
Homework. Termination of stay for
"Wood Cased Lead Pencil Manufacturing, Price and Marketing
Terms, Temporary stay of
Cotton Garment, Sheep Lined and Leather Garment Division,
Hours aiul wages, Granting temporary exemption for
Curled Hair Manufacturing Industry and Horse Hair Dressing,
Horse Hair Dressing, Granting a conditional exemption from
all provisions for
(VI)
Date
11-16-34
11-16-34
11-16-34
11-16-34
11-16-34
11-19-34
11-19-34
11-19-34
11-19-34
11-19-34
11-19-34
11-19-34
11-19-34
11-20-34
11-20-34
11-21-34
11-22-34
11-22-34
11-22-34
11-22-34
11-22-34
11-23-34
11-24-34
11-24-34
11-24-34
11-24-34
11-24-34
11-24-34
11-26-34
11-26-34
CONTENTS— Coninued
Industry
Date
ADMINISTRATIVE ORDERS— Continued
Marine Equipment Manufacturing, Gray Iron Foundry, Non-
ferrous Foundry, Electrical Manufacturing, Jurisdictional
disputes, Extending stay of the application of Marine Equip-
ment Manufacturing code pending report of conference com-
mittee relevant to
Robe and Allied Products, Hours and wages, Granting partial
stay of provisions relevant to
Government contracts and contracts involving the use of gov-
ernment funds. Pacific Gas and Electric Company for furnish-
ing services to recondition gas meters, under NSA Mare
Island Requisition No. 3
Luggage and Fancy Leather Goods, Cost finding and account-
ing, Extending the effective date of order approving system of.
Retail Trade, Retail Jewelry Trade, Retail Food and Grocery
Trade, Script, Extending stay of code provisions relevant to_.
Agricultural Insecticide and Fungicide, Written agreements
with jobbers. Extending apphcation of provisions requiring..
Boiler Manufacturing, Trade Practices, Extending stay pending
report on
Wholesale Paint, Varnish, Lacquer, Allied and Kindred Prod-
ucts Trade, Free Goods, Changing approved restriction from
Returnable Goods to
Brattice Cloth Manufacturing, Effective date. Extending the_.
Builders Supplies Trade, Accounting Items, Approval of Uni-
form
Carbon Dioxide, Written agreements with jobbers, Extending
application of provisions requiring
Cigar Manufacturing, Hours and wages, Temporary stay of
provisions for bunch makers and rollers engaged in manufac-
turing two for five cent cigars by hand relevant to
Horse Hair Dressing, Effective date, Extending the
Leather Cloth and Lacquered Fabrics, Window Shade Cloth and
Impregnated Fabrics Industries, Leather Cloth and Lac-
quered Fabrics Division, Labor Complaints, Authorizing the
Compliance Division of NRA to handle
Leather Cloth and Lacquered Fabrics, Window Shade Cloth
and Impregnated Fabrics Industries, Book Cloth and Im-
pregnated Fabrics Division, Labor Complaints, Authorizing
the Compliance Division of NRA to handle
Medium and Low Priced Jewelry Manufacturing, Contracts
for fraternal orders, Staying provisions relevant to
Motor Vehicle Retailing Trade, Liquidated damages. National
Control Committee authorized as impartial agency for con-
sideration of
Precious Jewelry Producing, Contracts for fraternal orders.
Staying provisions relevant to
Rubber Manufacturing, Coat and Suit, Men's Clothing, In-
fants' and Children's Wear, Classification adjudication for
chemically waterproofed clothing
Government contracts and contracts involving the use of gov-
ernment funds, Viking Pump Company, Cedar Falls, Iowa,
for one Brine Pump
Code Authority funds, Rules and regulations for protection of-
Powder Puff, Hours and wages, Stay of provisions relevant to.
Canning, Bulk Kraut Manufacturers included under the code-
Cotton Garment, Code Authority, Providing temporary admin-
istration by the General NRA Code Authority subsequent
to removal of certain members on the
Cotton Garment, Code Authorit}^ Modifying method of selecting
Assembled Watch, Wages and hours. Granting temporary stay
■ of provisions relevant to
(VII)
11-26-34
11-26-34
11-27-34
11-27-34
11-28-34
11-30-34
11-30-34
11-30-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 3-34
12- 5-34
12- 5-34
12- 5-34
12- 6-34
12- 6-34
12- 6-34
12- 7 34
CONTENTS— Continued
Industry
Date
ADMINISTRATIVE ORDERS— Continued
Electric and Neon Sign, Ameudiuent, No. 1, Extending effective
date of
Govei'nment contracts and contracts involving the use of
government funds, Remington Arms Company and Win-
chester Repeating Arms Company with the War and Navy
Departments for specified items
Paint, Varnish and Lacquer Manufacturing, Costs and Losses,
Approving schedules for
Silk Textile, Code Authority, Increasing industry representa-
tives on the
Trucking, Public relief, Granting exemption from all provisions
of code, except Registration, for members receiving
Knitted Outerwear, Contract system of production. Further
extension of regulations approving
Laundry Trade, Termination date, P^xtending
California Sardine Processing, Hours and wages for non-office
employees, Substitution of applicable provisions from the
Fishery Code
Government contracts and contracts involving the use of
government funds, Peoples Ice and Fuel Company for furnish-
ing Fort Riley with 500 tons of ice
Cigar Container, Cost inclusion. Extending time to report on
approved methods of
Dress Manufacturing, Wage differentials, Further extension of
time for existing
Graphic Arts, Overlapping provisions with other codes, Inter-
pretations, modifications, etc., to eliminate
Government contracts and contracts involving the use of
government funds, Compliance and enforcement director.
Delegation of authority to
Undergarment and Negligee, Hours and wages. Granting
limited stay of provisions relevant to
Hours and wages under various codes, Interpretation of tem-
porary interruptions in work beyond the control of emplo3'ee
as affecting maximum
Government contracts and contracts involving the use of
government funds, Alaska Juneau Gold Mining Company for
delivery of fuel oil to Federal Activities in Juneau
Government contracts and contracts involving the use of
government funds. Western Cartridge Company, East
Alton, Illinois, with the LTnited States Coast Guard
Government contracts and contracts involving the use of
government funds, Post Office lease at Balwanox, Pennsyl-
vania, with Ben Sasinoski, extended "
Government contracts and contracts involving the use of
government funds, Animals and birds for laboratory' use.
Contracts for the procurement by all Government Depart-
ments of live
Lead, Hours, Granting limited stay of provisions relevant to
Pretzel, Wages, Temporary stay of provisions requiring a Code
Authority report on certain
Undergarment and Negligee, Competitive conditions. Further
extension of time to rejiort on
Wall Paper Manufacturing, Hours and wages, Temporary
modification of provisions relevant to \.
Wood Heel, Open prices, Temporary stay of provisions relevant
to
Electric and Neon Sign, Amendment, No. 1, Indefinite stay
of all provisions of '_
Index
12- 7-34 636
12- 7-34 637
12-18-34
12-18-34
12-18-34
12-18-34
12-19-34
12- 7-34
638
12- 7-34
639
12- 8-34
640
12-10-34
12-10-34
642
643
12-11-34 I 644
12-
-12-34
645
12-
-13-34
646
12-
-14-34
647
12-
-14-34
648
12-
-15-34
650
12-
-15-34
651
12-
-17-34
652
12-18-34 I 653
654
12-18-34 655
12-18-34 656
12-18-34 657
12-18-34 I 658
659
660
661
662
663
(VIII)
CODES OF FAIR COMPETITION
Approved Code No. 532
CODE OF FAIR COMPETITION
FOR THE
CAR ADVERTISING TRADE
As Approved on November 22, 1934
ORDER
Approving Code of Fair Competition for the Car Advertising
Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Car Advertising Trade, and hearings hav-
ing been duly held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and
directed to the President t
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 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^t:rt Board,
By W. A. PIarriman, Administrative O-jJicer.
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D. C,
Novcmler 22, 1934.
98969° 1325-77 34 1 (1)
KEPORT TO THE PRESIDENT
The President,
The White House.
INTRODUCTIOSr
Sir : This is the report of the National Industrial Recovery Board
on the application for, and the public hearing on a Code of Fair
Competition for the Car Advertising Trade. The public hearing
was conducted in Washington on January 5, 1934. Every person
who requested an appearance was freely heard in accordance with
statutory. and regulatory requirements.
There are estimated to be twenty-six (2'6) concerns in the Trade.
The group contacted all laiown members, and it is certain that
ninety-five per cent (95% ) of the business was directly represented.
There is no trade association within the Trade.
DEFINITIGN
The service performed by the Trade proposing this Code is that
of displaying advertisements in or upon street cars, trucks, busses,
cars and stations of elevated railways, subways and steam or electric
railways.
ECONOMIC AND STATISTICAL MATERIAL
As stated, there are approximately 26 concerns in the Car Adver-
tising Trade which in 1928 produced a business of $17,000,000 and
gave employment to 2,000 persons. Like all advertising services,
this Trade is controlled in direct ratio by the reaction of local and
national units of industry to general conditions. Until the setback
of 1929-33, this type of advertising was showing wider and more
constant use by local and national advertisers. In 1933, the volume
of business was $12,000,000 and employment stood at 1,100; a decline
in volume of business of thirty per cent (30%) and in employment
of fifty-five per cent (55%). The Car Advertising Trade buys
large quantities of letter press and lithographed display cards so
the volume of car advertising business has direct appreciable effects
upon engraving and printing plants.
RESUME OF CODE rROVISIONS
The Code establishes a forty (40) hour week for employees en-
gaged in work outside of the emploj^er's sho}). The group of em-
ployees, however, in the event of necessity, may be permitted to work
an additional four (4) hours in any one (1) week provided that in
such special case at least time and a half shall be i^aid for such hours
worked in excess of the maximum. This allows sufficient latitude
(2)
to employers when necessity for quick changes of advertising copy
arise. For office employees, a work week of thirty-seven and one-
half (371/^) hours is provided. It is estimated that employment in
the Trade will increase fifteen per cent (15%) on the basis of the
same volume of business as was available in 1933.
The minimum rate of pay for all classes of employees is Fifteen
Dollars ($15.00) a week.
nXDINGS
The Deputy Administrator in his final report to the Board on 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) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor and
by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 em-
ployees; and is not classified by the 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 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 truly representative of the aforesaid Trade; and that said group
imposes no inequitable restrictions on admission to membership
therein.
(d) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, the Code has been approved.
For the National Industrial Recovery Board:
W. A. Harrlman,
Administrative Officer.
NOA^MBER 22, 1934.
CODE OF FAIR COMPETITION FOR THE CAR
ADVERTISING TRADE
Article I — Purposes
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Car Advertising Trade, and its provisions shall be the standards
of fair competition for this Trade and shall be binding upon every
member thereof.
Article II — Definitions
Section 1. The term " Car Advertising Trade ", as used herein
includes the production for others of display advertising and the
services incidental thereto, in or upon street cars, trucks, busses, cars
and stations of elevated railways, subways, and steam or electric rail-
ways, and such related branches or subdivisions as may from time to
time be included under the provisions of this Code.
Section 2. The term " member of the Trade " as used herein
includes, but without limitation, any individual, partnership, associ-
ation, corporation or other form of enterprise engaged in the Trade,
either as an employer or on his or its own behalf.
Section 3. The term " employee " as used herein includes any and
all persons engaged in the Trade, however compensated, except a
member of the Trade.
Section 4. The term " employer " as used herein includes anyone
by whom such employee is compensated or employed.
Section 5. The terms " President ", "Act " and " Board " as used
herein, means respectively the President of the United States, Title I
of the National Industrial Recovery Act, and the National Industrial
Recovery Board.
Article III — Hours
Section 1. No employee engaged in work outside of the employer's
shop, except outside salesmen, shall be permitted to work in excess
of forty (40) hours in any one week or eight (8) hours in any twen-
ty-four (24) hour period (beginning at midnight) except as herein
otherwise provided.
Section 2. No other employee (except outside salesmen and em-
ployees engaged in a managerial or executive capacity who are paid
regularly Thirty-five Dollars ($35.00) per week or more) shall be
permitted to work in exces of thirty-seven and one-half (371/^) hours
per week or eight (8) hours in any twenty-four (24) hour period.
Section 3. In the event, however, of emergency requirements for
changes in car advertising displays an employee may be permitted to
exceed the maximum hours herein established to the extent of four
(4) additional hours in any one (1) week, but in any such special
(4)
case at least one and one-half times his normal rate of pay shall be
paid for all time worked in excess of the maximum hours provided
in this Article.
Section 4. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
Section 5. No employer shall permit any employee to work for
any time which when totaled with that performed for another em-
ployer, or employers, exceeds the maximum permitted herein.
Article IV — Wages
Section 1. No employee shall be paid at less than the rate of Fif-
teen Dollars ($15.00) per week.
Section 2. This Article establishes a minimum rate of pay, which
shall apply, irrespective of whether an employee is compensated on
a time rate, piece-work, or other basis.
Section 3. Each employee (except one engaged in a supervisory,
managerial, executive or selling capacity, who is paid Fifty Dollars
($50.00) per week or more) shall be paid a wage rate (whether paid
on a time rate, piece rate, bonus, commission or other basis) which
will yield at least the same wage for the shorter full-time week
herein established as that which he could have earned for the same
class of work for the longer full-time week as of June 16th, 1933.
Wage increases established under the President's Reemployment
Agreement shall at least be maintained.
Section 4. Female employees performing substantially the same
work as male employees shall receive the same rates of pay as male
employees and when they displace men they shall be paid the same
rate of pay as the men they displace.
Section 5. A person whose earning capacity is limited because of
age, physical or mental handicap or other infirmity, may be em-
ployed at light work at a wage below the minimum established by
this Code if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate au-
thorizing his employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him,
showing the wages paid to and the maximum hours of work for
such employee.
Article V — General Labor Provisions
Section 1. Child Labor. — No person under sixteen (16) years of
age shall be employed in this Trade 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
Board within ninety (90) days after the effective date of tiiis Code
a list of such 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 issued by the authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
Section 2. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designatiori of such represen-
tatives 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 re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
Section 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
Section 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Board within six montlis after the effective date of
the Code.
Section 5. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
Section 6. If any employer of labor in this Trade is also an em-
ployer of labor in any other trade, the provisions of this Code shall
apply to and affect only that part of the business which is a part of
the " Car Advertising Trade .
Section 7. No employee shall be dismissed, demoted or otherwise
discriminated against by reason of making a complaint or giving
evidence with respect to an alleged violation of this Code.
Section 8. No employee who has been regularly employed in any
one establishment for nine (9) weeks or more shall be discharged on
less than one week's notice.
Section 9. All employers shall post and keep posted copies of the
full labor provisions of this Code in conspicuous places readily ac-
cessible to all employees in the normal course of their customary
occupations. 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.
Article VI — Organization, Powers and Duties of the Code
Authority
Section 1. Further to effectuate the policies of the Act, a Code
Authority is hereby established and shall be the agency for the
Administration of this Code and shall have such powers and duties
as are prescribed in this Code.
Section 2. The Code Authority shall consist of not more tha?i
five (5) individuals or such other number as may be approved from
time to time by the Board, to be selected as hereinafter set forth;
and of such additional members without vote, to be known as Ad-
ministration members, to be appointed by the Board to serve for
such terms as it may specify.
&;CTI0N 3. The Code Committee of the Car Advertising Trade
shall arrange, subject to the approval of a fair and equitable plan
and method therefor by the Board, for the nomination and election
of the Code Authority within 60 days from the effective date of
this Code. Each member of the Trade shall have one (1) vote in
the nomination and election of the trade members of the Code
Authority.
Section 4. Trade members of the Code Authority shall be elected
to serve until May 31, 1935 or until their successors are elected.
Until the Code Authority is elected, the Code Committee shall serve
as Code Authority provided that in no event shall it serve beyond
60 days from the effective date of this Code. If the Code Authority
shall not be elected within such period, the Board shall appoint a
temporary Code Authority of five (5) members to serve until the
election of the Code Authority by the trade.
Section 5. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Board true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Board may deem necessaiy to effectuate the
purposes of the Act.
Section 6. In order that the Code Authority shall at aU times be
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.
Section 7. Nothino; 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 8. 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 investiga-
tion 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 dis-
approve after thirty (30) days' notice to it of intention to proceed
with such action in its original or modified form.
Section 9. Powers and Duties. — Subject to such rules and regula-
tions 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:
8
(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 statisti-
cal 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 furnish
reports to any Governmental agency. No individual report shall be
disclosed to any other member of the Trade or any other party
except to such other Governmental agencies as may be directed by
the 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 duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Board for the coordination
of the Administration of this Code with such other Codes, if any, as
may be related to or affect members of the Trade.
Section 10. It being found necessary, in order to support the
administration of this Code, to effectuate the policy of the Act and
to maintain the standards of fair competition established hereunder,
the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided;
(b) To submit to the Board for its approval, subject to such notice
and opportunity to be heard as it may cleem necessary: (1) an item-
ized budget of its estimated expenses for the foregoing purposes,
and (2) an equitable basis upon v;liich the funds necessary to support
such budget shall be contributed by all members of the Trade entitled
to the benefits accruing from the maintenance of such standards, and
the administration thereof;
(c) After such budget and basis of contribution have b?en ap-
proved by the Board, to determine and collect equitable contribu-
tions 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.
Section 11. Each member of the Trade shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority determined as hereinabove provided, and subject to rules
and regulations 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 bene-
fits of any of its voluntary activities or to make nse of any emblem
of the National Recovery Administration.
Section 12. 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
Board; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Board shall have so approved.
Section 13. The Code Authority is authorized to recommend to
the Board any action or measures deemed advisable, including fur-
ther fair trade practice provisions to govern members of the Trade
in their relations with each other or with other trades; measures
for industrial planning, and stabilization of employment; and in-
cluding modifications of this Code which shall become effective as
part hereof upon approval by the Boai"d after such notice and
hearing, if any, as it may specify.
Section 14. The Code Authority is authorized to appoint a Trade
Practice Committee which shall meet with the Trade Practice Com-
mittees appointed under such other Codes as may be related to the
Trade for the purpose of formulating fair trade practices to gov-
ern 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.
Section 15. The Code Authority is authorized to provide appro-
priate 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.
Section 16. There shall be established a Labor Complaints Com-
mittee for the Trade, which shall consist of an equal number of rep-
resentatives of employers and employees and an impartial chair-
man. The Board shall appoint such impartial chairman upon the
failure of the committee to select one by agreement within 30 days
from the establishment of the Committee. If no truly representa-
tive labor organization exists, the employee members of such board
may be appointed by the Board. The employer representatives
shall be chosen by the Code Authority. Such committee shall deal
with complaints relating to labor in accordance with any rules and
regulations issued from time to time by the Board. The Labor Com-
plaints Committee may establish such divisional, regional, and local
industrial adjustment agencies as it may deem desirable, each of
which shall be constituted in like manner as the Labor Complaints
Committee.
Article VII — Trade Practice Rules
Rule 1. Inaccurate Advertising. — No member of the Trade shall
publish advertising as to his own business (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 mis-
represent 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,
10
values, policies, services, or the nature or form of the business
conducted.
KuLE 2. Fahe Billing. — No member of the Trade shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material jjarticular.
KuLE 3. Defamation. — No member of the Trade shall defame a
competitor by falsely imputing to his dishonorable conduct, inabil-
ity to perform contracts, questionable credit standing, or by other
false representation, or by falsely disparaging the grade or quality
of his goods or services.
Rule 4. Threats of Laio Sicits. — No member of the Trade shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers.
Rule 5. Bribing Employees. — No member of the Trade shall give,
permit to be given, or offer to give, anything of value for the pur-
pose of influencing or rewarding the action of any employee, agent,
or representative of another m relation to the business of the em-
ployer of such employee, the principal of such agent or the repre-
sented party, without the knowledge of such employer, principal
or party. This provision shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial
bribery as hereinabove defined.
Rule 6. I inducing Breach of Existing Contracts. — 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 w^th or obstruct the perform-
ance of any such contractual duties or services by any such means,
wdth the purpose and effect of hampering, injuring or embarrassing
competitors in their business.
Rule 7. No member of the Trade shall join or participate with
other members of the Trade who with such member constitute a
substantial number of members of the Trade or who together con-
trol a substantial percent of the business in the Trade, in any trans-
action known in law as a black list, including any practice or device
which accomplishes the purpose of a black list.
Rule 8. No member of the Trade shall aid any customer through
the publication of any advertising or sales copy in any display
within the control of the Trade to violate the fair trade practices
or other provisions in any approved Code of Fair Competition for
any trade or industry of which any such customer is a member.
Article VIII — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any Order, approval, license, rule, or
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
Board, be modified or eliminated in such maimer as may be indi-
cated by the needs of the public, by changes in circumstances, or by
11
experience. All the provisions of this Code, unless so modified or
eliminated, shall remain in effect until June 16, 1935.
Article IX — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
Article X — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Article XI — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 532.
Registry No. 1702-37.
o
Approved Code No. 533
CODE OF FAIR COMPETITION
FOR THE
WINDOW GLASS MANUFACTURING INDUSTRY
As Approved on November 22, 1934
ORDER
Code of Fair Competition for the Window Glass 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 Window Glass Manufacturing 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.
National Industrial Recovery Board,
B}^ W. A. Hakriman, Administrative Officer.
Approval recommended :
W. P. Ellis,
Acting Division Administrator.
Washington, D. C,
November 22, 193Jf.
(13)
98974" 1325-82^—34-
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Window Glass Manufacturing Industry, as revised after a public
hearing conducted in Washington, D. C., on October 31, 1933, and
after an opportunity to be heard had been gi'anted pursuant to
Administrative Order No. Z-3, dated June 1, 1934, in accordance
with the provisions of Title I of the National Industrial Recovery
Act.
THE INDUSTRY IN GENERAL.
1. The Window Glass Manufacturing Industry as defined by the
Code embraces all establishments engaged in the manufacture and
primary sale of common window glass and, at this date, consisting
of seventeen (IT) known manufacturers, operating at the present
time fourteen (14) plants. Three (3) of these manufacturers pro-
duce and sell approximately seventy-three per cent (73%) of the
existing demand and the others, fourteen (14") in number, com-
monly known as " independent manufacturers produce and sell
approximately twenty-seven per cent (27%) of the existing demand.
Several of the latter are reported at this date to be in financial
difficulties. The mortality in this industry has been high. Of the
forty-two (42) establishments operating in 1925, all but seventeen
(17) have been retired. It is quite evident that there have been revo-
lutionary strides in technological processes in the manufacture of
common window glass in this last generation. Today there is per-
haps three hundred percent (300%) excess capacity. It is reported
that a virtual panic exists in the industry in the struggle to obtain
business, resulting from recent successive lowering of prices.
PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR
PROVISIONS
1. This Code provides that no emploj^ee shall be permitted to
work more than seventy-two (72) hours in any fourteen (14) day
period nor more than six (6) days in any seven (7) day period; and
that no employee shall be permitted to work more than eight (8)
hours in any twenty-four (24) hour period (except that each em-
ployee may be permitted to work six (6) additional hours in any
seven (7) day period, provided that at least one and one-half times
their normal rate of pay is paid for all time worked in excess of
eight (8) hours in any twenty-four (24) hour period), except as
follows :
(a) Employees engaged in the continuous processes of the indus-
try shall not be permitted to work more than eighty-four (84)
15
hours in any fourteen (14) day period, nor more than six (6) hours
in any one twenty-four (24) hour period; except that (1) in order
to provide for the rotation of shifts, each such employee may be
permitted to work six (6) additional hours in any one twenty-four
(24) hour period in each fourteen (14) day period without the
payment of overtime, and (2) each such emploj^ee may be permitted
to work six (6) additional hours in any seven (7) day period with-
out the payment of overtime if his services are required by reason
of the failure of another regular employee to report for or remain
at work.
(b) Employees engaged in clerical, office or sales work (exclu-
sive of employees engaged as bookkeepers or accountants) shall not
be permitted to work more than forty (40) hours in any seven (7)
day period nor more than eight (8) hours in any one twenty-four
(24) hour period nor more than six (6) days in any seven (7) day
period, except that each such employee may be permitted to work two
(2) additional hours in any one twenty-four (24) hour period in
each seven (7) day period, without the payment of overtime, pro-
vided that the total for such seven (7) day period is not in excess
of forty (40) hours.
(c) Any employee engaged as a bookkeeper or accountant may,
during any one seven (7) day period in anj month or four (4)
weeks accounting period, be permitted to work nine (9) hours in
any twenty-four (24) hour period and forty -five (45) hours in said
seven (7) day period without payment of overtime, provided that
equivalent time off is given such employee during the balance of the
same month or accounting period, so that the average of such em-
ployee's hours during said month or four (4) weeks accounting
period, does not exceed forty (40) hours per seven (7) day period.
(d) Employees engaged as watchmen may be permitted to work
not more than eighty-four (84) hours in any fourteen (14) day
period.
2. This Code exempts from hourly, weekly or other periodic limi-
tations persons employed in a managerial or executive capacity who
earn not less than thirty-five dollars ($35.00) per week and emploj^ees
engaged in emergency maintenance or emergency repair work jDro-
vided, however, that in cases of emergency maintenance or emergency
repair work, at least one and one-half times their normal rate of pay
shall be paid for all time worked in excess of the maximum hereiin
provided.
3. This Code establishes a minimum rate of pa}^ of forty cents
($0.40) and thirty-five cents ($0.35) per hour for all classes of em-
ploj^ees except these engaged in clerical and office work, in the North-
ern and Southern sections of the industry respectively. A minimum
rate of fifteen dollars ($15.00) per week is established for employees
engaged in clerical or office work regardless of the section of the
industry.
4. This Code establishes mininunn rates of pay for all emploj'ees
irrespective of whether the emploj^ee is actually compensated on a
time rate, piece work or other basis. Handicapped persons may be
employed at a wage below the minimum under conditions as pro-
vided by the Code.
5. This Code provides that, for those employees receiving com-
pensation in excess of the minimum wage rates, an equitable adjust-
16
ment shall be made in those cases where such equitable adjustments
have not been made since July 1, 1933, and that reports in resi^ect
thereto shall be submitted by the Code Authority to the Admin-
istrator.
6. This Code also includes provisions respecting :
(a) Evasion through re-employment, and
(b) Eeclassification of Employees, and
(c) Standard for Safety and Health, and
(d) Payment of Wages, and
(e) Dismissals for Making a Complaint, and
(f) Rates of Pay for Female Employees, and
(g) Posting of the Code, and
that no person under sixteen (16) years of age shall be employed
in the industry and that no person under eighteen years of age shall
be emploj^ed in operations or occupations which are hazardous in
nature or dangerous to health, and that the Code Authority shall
within thirty (30) days after the effective date of the Code submit
a list of such operations and occupations in the industry.
ECONOMIC EFFECTS OF THE CODE
1. The report of the Division of Research and Planning indicates
that the volume of sales of about $38,000,000.00 for the year 1925
had declined to about $10,000,000.00 for the year 1931. representing
a decline from about 567,000,000 square feet in 1925 to about 267,000,-
000 square feet in 1931, or about a 72.5% decline in sales value and
a 53% decline in production. While complete and accurate statistics
are not available respecting employment, it is estimated that the
total number of emploj^ees in the industrv in 1929 was about 5000,
and in the first part of 1933 about 3000. In the latter half of 1933
the estimated number of employees had increased to 4500, due not so
much to the operation of the President's Reemplojanent Agreement
as to the sharp revival in business. It appears from evidence sub-
mitted by the proponents of the Code that payrolls have correspond-
ingly increased from 33 to 43 per cent. It must, however, be noted
that this does not indicate any increase in average wages. From an
analysis of a study of Occupations, Hours and Earnings for the year
1932 it appears that 2,049 employees in ten (10) plants worked an
actual average of 43.2 hours and had actual average earnings of
$23.25 per week or at the rate of $0.54 per hour.
2. While this industry produces common window glass for pur-
poses other than glazing, such as photographic dry plates, pictures,
lantern slides, clock faces, scientific instruments and automobile and
body manufacturing, the demand for the products of the industry is
to a large degree dependent on the rehabilitation, alteration, repair
and construction of construction industry projects.
3. Increased emploj'ment due to the thirty-six (36) hour general
provision and the forty-two (42) hour provision for the continuous
processes, on the basis of employment for the last half of 1933, should
restore the industry to the 1929 level, and in conclusion it ma}^ be
stated that even if the operation of the Code does not greatly in-
crease average wages, the position of the industry will be reasonably
good provided that reductions of weekly earnings do not result from
17
the shortening of hours. Provision is made for the equitable adjust-
ment of wage rates for those employees receiving compensation in
excess of the minimum wage rates where such equitable adjustments
have not been made since July 1, 1933.
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:
We find that :
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemploym.ent, 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 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 Sub-
section (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 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
fimall enterprises and will not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived or 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 Ofjicer,
November 22, 1934.
CODE OF FAIK COMPETITION FOE THE WINDOW GLASS
MANUFACTUEING INDUSTEY
Article I — Purposes
To effect the policies of Title I of the National Industrial Eecov-
ery Act, this Code is established as a code of fair competition for
the Window Glass Manufacturing Industry, and its provisions shall
be the standards of fair competition for such industry and shall be
binding ui)on every member thereof.
Article II — Definitions
Section 1. The term " Window Glass Manufacturing Industry "
or " industry " as used herein is defined to mean and include the
manufacture and the primary sale of common window glass (here-
inafter known as the product of industry). The term "sale" shall
be deemed to include, but without limitation, shipments of common
window glass, made by a member of the industry to a distributing
agency owned or controlled directly or indirectly by such member
of the industry and/or shipments of common window glass made
by a member of the industry to a consignment account. The opera-
tion of establishments (including distributing agencies) engaged in
the distribution of the products, either owned or controlled directly
or indirectly by a member of the industry, shall not be subject to
the provisions of this Code.
Section 2. The term " member of the industry ", as used herein
includes, but without limitation, any individual, partnership, associa-
tion, corporation or other form of enterprise engaged in the industry,
either as an employer or on his or its own behalf.
Section 3. The term " employee " as used herein includes any
and all persons engaged in the industry, however compensated,
except a member of the industry.
Section 4. The term " employer " as used herein includes any one
by whom such employee is compensated or employed.
Section 5. The term " continuous processes of the industry " as
used herein is defined to mean and include the operations of mixing
and melting the raw materials, withdrawing the molten glass from
the tanks and/or furnaces, forming the same into sheets or plates,
and delivering such sheets or plates to those places or sections of
the plant of the member of the industry where they will subse-
quently be handled and worked or stored, and also the heat, light,
power and water producing operations necessarily incident to such
continuous operations.
Section 6. The term " Code Authority " as used herein is defined
to mean the Code Authority constituted under Article VI hereof.
Section 7. The term "Association " as used herein is defined to
mean the Window Glass Manufacturers' Association.
(IS)
19
Section 8. The term " Southern Section of the " Industry " as
used herein is defined to mean and include the states of Virginia,
North Carolina, South Carolina, Georgia, Florida, Alabama, Louisi-
ana, Mississippi, Tennessee, Kansas, Arkansas, Oklahoma, and
Texas ; and the term " Northern Section of the Industry " as used
herein is defined to mean and include the District of Columbia and
all other states, territories, and possessions of the United States in
which the National Industrial Recovery Act applies.
Section 9. The terms " President ", "Act ", and "Administrator '*
as used herein are defined to mean, respectively, the President of the
United States, Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery.
Article III — Hours
Section 1. Maxhnuni Hours. — No employee, except as herein
otherwise provided, shall be permitted to work more than seventy-
two (72) hours in any fourteen (14) day period nor more than six
(6) clays in any seven (7) day period; and no emploj'ee, except as
herein otherwise provided, shall be permitted to work more than
eight (8) hours in any twenty-four (24) hour period, except that
each employee may be permitted to work six (6) additional hours in
any seven (7) day period provided that at least one and one-half
times their normal rate of pay is paid for all time worked in excess
of eight (8) hours in any twenty-four (24) hour period.
Section 2. Exceptions as to Hours. — (a) Employees engaged iu
the continuous processes of the industry shall not be permitted to
work more than eighty-four (84) hours in any fourteen (14) day
period, nor more than six (6) hours in any one twenty-four (24)
hour period except that (1) in order to provide for the rotation of
shifts, each such emploj^ee may be permitted to work six (G) addi-
tional hours in any one twenty-four (24) hour period in each four-
teen (14) day period without the payment of overtime, and (2)
each such employee may be permitted to work six (G) additional
hours in any seven (7) day period without the payment of overtimo
if his services are required by reason of the failure of another regu-
lar employee to report for or remain at work.
(b) Employees who engage in clerical, office or sales work (ex*
elusive of employees covered by subsection (c) of this section) shall
not be permitted to work more than forty (40) hours in any seven
(7) day period nor more than eight (8) houi^ in any one twenty-
four (24) hour period nor more than six (6) days in any seven (7)
day period, except that each such employee may be permitted to
work two (2) additional hours in any one twenty-four (24) hour
period in each seven (7) day period, without the payment of over-
time, provided that the total for such seven (7) day period is not
in excess of forty (40) hours.
(c) During any one seven (7) day period in any mionth or four
(4) weeks accounting period, any employee engaged as a book-
keeper or accountant may be permitted to work nine (9) hours in
any twenty-four (24) hour period and forty -five (45) hours in said
seven (7) day period without payment of overtime, provided that
equivalent time off is given such employee during the balance of the
ysy74° 1325-82 -34 2
20
same montli or accoimting period, so that the average of such em-
ployee's hours during said month or four (4) weeks accounting
period, does not exceed forty (40) hours per seven (7) day period.
(d) Employees engaged as watchmen may be permitted to work
not more than eighty -four (84) hours in any one fourteen (14)
day period.
Section 3. Exemptions as to Hours. — (a) The provisions of this
Article shall not apply to outside salesmen or to employees engaged
in a managerial or executive capacity who earn not less than thirty-
five dollars ($35.00) per week.
(b) The provisions of this Article shall not apply to employees
engaged in emergency maintenance or emergency repair work in-
volving breakdowns or the protection of life or property, provided,
however, that at least one and one-half (1%) times their normal
rate of pay is paid for all time worked in excess of the maxima
herein provided by this Article.
Section 4. Employment hy Several ETnployers. — No employer
shall knowingly permit any employee to work for any time which
when totaled with that already performed with another employer
in this or any other industry exceeds the maximum permitted herein.
Article IV — ^Wages
Section 1. Minimum Wage. — No employee shall be paid less than
at the rate of forty cents ($0.40) per hour in the Northern Section
of the Industry nor less than at the rate of thirty -five cents ($0.35)
per hour in the Southern Section of the Industry, except as herein
otherwise provided.
Section 2. Minimum Wage for Clerical and Office Employees. —
No person employed in clerical or office work shall be paid less than
at the rate of fifteen dollars ($15.00) per week.
Section 3. Piecework G ompensation. — This Code establishes mini-
mum rates of pay which shall apply, irrespective of whether an
employee is actually compensated on a time rate, piecework or other
basis.
Section 4. Evasion through Reemployment. — No employee now
employed at a rate in excess of the minimum shall be discharged and
reemployed or replaced by another employee at a lower rate for the
jourpose of evading the provisions of this Code.
Section 5. Wages above tlie Minimum. — For those employees re-
ceiving comjDensation in excess of the minimum wage rates, equitable
adjustment shall be made in those cases where such equitable adjust-
ments have not been made since July 1, 1933. Within thirty (30)
days after the eif ective date of this Code each member of the industry
shall submit to the Code Authority a detailed report showing the
number of employees, hours of work, and hourly rates of wages and
weekly earnings for each labor classification for a representative
pay period prior to July 1, 1933, and for the representative pay
period ending next before the date of the report. Such reports shall
be promptly forwarded by the Code Authority to the Administrator.
Section 6. Handicapped Persons. — A person whose earning ca-
pacity is limited because of age or phj^sical or mental handicap or
other infirmity may be employed on light work at a wage below the
21
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. The State author-
ity shall be guided by the instructions of the United States Depart-
ment of Labor in issuing certificates to such persons. Each member
of the industry shall file monthly with the Code Authority a list of
all such persons employed by it, showing the wages paid to, and
the maximum hours of work for such employee.
Article Y — General. Labor Provisions
Section 1. Child Labor Provision. — No person under sixteen (16)
years of age shall be employed in the industry. No person under
eighteen (18) years of age shall be employed in operations or occu-
pations which are hazardous in nature or dangerous to health. The
Code Authority shall submit to the Administrator within thirty (30)
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 as to age if he shall have on file a cer-
tificate 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. Provisions from the Act. — As provided by Section 7 (a)
of the Act :
(a) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of 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 re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pa}-, and other conditions of employment, ap-
proved or prescribed by the President.
Section 3. Reclassif,cation of Employees. — No employer shall re-
classify employees or duties of occupations performed or engage in
any subterfuge for the purpose of defeating or evading the pro-
visions of the Act or of this Code.
Section 4. Standards for Safety and Health. — Every employer
shall make reasonable provision 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 Administrator within sixty (60) daj^s after the
effective date of this Code.
Section 5. Federal or State Laws. — No provisions in this Code
shall supersede any Federal or State law which imposes on employ-
ers more stringent requirements as to age of employees, wages, hours
of work, or as to safety, health, sanitary, or general working condi-
tions, or insurance, or fire protection than are imposed by this Code.
22
Section 6. Payment of Wages. — ^All wages shall be paid weekly,
senii -monthly, or monthly in lawful currency or by negotiable check
therefor, payable on demand. These wages shall be exempt from
any deductions other than those expressly authorized by the em-
ployee or required by law. Employers or their agents shall not
accept, directly or indirectly, rebates on such wages, or 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.
Section 7. Dismissals. — No employee shall be discharged, demoted
or otherwise discriminated against by reason of making a complaint
or giving evidence with respect to an alleged violation of this Code.
Section 8. Female Emfloyees. — Female employees performing
substantially the same work as male employees shall receive the
same rate of pay as male emploj'ees.
Section 9. Posting. — Each member of the industry shall post and
keep posted copies of this Code in conspicuous places, accessible to
all employees. Each 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 issued by the
Administrator.
Article VI — Organization, Powers, and Duties of the Code
Authority
Section 1. Code Authority. — A Code Authority for the Window
Glass Manufacturing Industry is hereby constituted to cooperate
with the Administrator in the administration of this Code.
Section 2. Members Appointed by tlie Industry. — (a) The Code
Authority shall consist of one (1) representative appointed by each
member of the industry eligible for such representation in accordance
with the provisions of Section 10, paragi'aph (k), sub-paragraph 2,
of this Article.
(b) Within ten (10) days after the effective date of this Code a
meeting of the members of the industry shall be held at which each
member of the industry shall select its representative on the Code
Authority to serve as provided in its By-Laws, rules and regulations,
as set forth in Section 10 of this Article. The Association is hereby
designated as the agency to call and conduct the meeting of the mem-
bers of the industry for this purpose.
Section 3. Decisions of the Code Authority. — (a) All decisions
of the Code Authority to be binding on the industry must receive the
affirmative vote of a majorit}'^ of the members of the Code Author-
ity and also the affirmative vote of members of the Code Authority
appointed by members of the industry representing not less than
fifty (50) per cent of the total ph5^sical output of the industry
measured in the case of each member of the industry by the actual
production of such member averaged over the two (2) preceding
calendar years.
(b) If, at any time, the Code Authority cannot reach a decision
as hereinbefore provided, the matter at issue shall be referred within
five (5) days to the Administrator for consideration and determina-
tion and his decision shall be final and binding on all members of
the industry.
23
Section 4. Notice of Meetings. — Notice of the time and place of
each meeting of the members of the industry shall be sent by regis-
tered mail to all members of the industry and to the Administrator
at least ten (10) days in advance of such meeting.
Section. 5. Revocation of Appoint incjits to Code Authonty. — Any
member of the industr}^ may at any time revoke permanently or for
a temporary designated period the appointment of the member of the
Code Authority previously made by such member of the industry
and may appoint another individual as a member of the Code Au-
thority. Such revocation and appointment shall be by written in-
strument sent in duplicate to the Administrator and to the Code
Authority, and shall be signed, sealed, and acknowledged before a
notary public. One (1) alternate may be selected by each member
of the industry to represent that member on the Code Authority with
full power to vote in the absence of his principal. No alternate
shall, however, be affiliated with any other member of the industry.
Section 6. Members Appointed h]/ the Administrator. — In addi-
tion to the membership as hereinbefore provided, there may be not
more than three (3) members, without vote to be appointed by the
Administrator to serve for such terms as he may prescribe. The
representatives who may be appointed by the Administrator, to-
gether with the Administrator, shall be given due notice of and
may sit at all meetings of the Code Authority.
Section 7. Participating Trade Associations. — Each trade or indus-
trial association directly or indirectly participating in the selection
or activities of the Code Authority shall (1) impose no inequitable
restrictions on membership, and (2) submit to the Administrator true
copies of its articles of 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 ma 3^ deem necessary to effectuate the purposes of the Act.
Section 8. Represeiitative Character of the Code Authority. — In
order that the Code Authority shall at all times be truly representa-
tive of the industry and in other respects comply with the provisions
of the Act, the Administrator may prescribe such hearings as he
may deem proper; and thereafter, if he shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification of the Code Authority.
Section 9. Nonliahility of Code Authority Members for Official
Acts. — Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to any one
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authority
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to any one for any action or omission to act under the Code,
except for his own wilful malfeasance or nonfeasance.
Section 10. Powers and Duties. — Subject to such rules and regula-
tions as may be issued by the Administrator, the Code Authority
shall have the following powers and duties (in addition to those
provided elsewhere in this Code) to the extent permitted by the Act;
provided, that, if the Administrator shall determme that any action
24
of the Code Authority or any agency thereof is unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by the Code
Authority or agency pending final action, which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty (30) days notice to him of intention to proceed
with such action in its original or modified form :
(a) To execute the provisions of this Code and provide for the
compliance of the industry with the provisions of the Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code, subject to
the approval of the Administrator.
(c) To provide for the study of standards, gTades and qualities
and distribution of common window glass and to recommend to the
Administrator any changes and/or modifications of this Code in re-
spect thereto.
(d) To obtain from members of the industry such information and
reports as are required for the administration of this Code. In
addition to information required to be submitted to the Code
Authority, members of the industry shall furnish such statistical
information as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act to such Federal and State
agencies as the Administrator may designate. No provision of this
Code shall relieve any member of the industry of any existing obli-
gation to furnish reports to Government agencies. No individual
reports submitted to the Code Authority shall be disclosed to any
other member of the industry, but may be revealed to such impartial
agencies as may be necessary to facilitate the administration of this
Code.
(e) To cooperate with the Administrator in making investigations
as to the functioning and observance of any of the provisions of this
Code at its own instance, or upon request of the Administrator, or on
complaint of any person affected, and report the same to the
Administrator.
(f) To cooperate with the Administrator in regulating the use
of any N. R. A. insignia according to such rules and regulations as
the National Recovery Administration may prescribe.
(g) To use such trade associations and other agencies as it deems
proper to carry out any of the activities provided for herein; pro-
vided, however, 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.
(h) To investigate and inform the Administrator on behalf of
the Window Glass Manufacturing Industry as to importation of
competitive articles into the United States in substantial quantities
or increasing ratio to domestic production on such terms or under
such conditions as to render ineffective or seriously endanger the
maintenance of this Code, and to make complaint to the President
on behalf of the Window Glass Manufacturing Industry under
the provisions of the National Industrial Recovery Act with respect
thereto.
25
(i) To appoint a trade-practice committee which shall meet with
the trade-practice committees appointed mider such other Codes as
may be related to this industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Code and under such others, to
the end that such fair trade practices may be proposed to the
Administrator as amendments to this Code and such other Codes.
(j) To make recommendations to the Administrator for the
amendment or modification of this Code on the basis of experience
and changes in circumstances, including (but without limitation)
recommendations to —
(aa) further effectuate the policy of the National Industrial
Recovery Act and the operation of this Code in respect thereto, and
(bb) prevent the elimination or oppression of and discrimination
against small enterprises, and
(cc) stabilize employment, and
(dd) prevent unsound, unfair, or destructive practices, and
(ee) rehabilitate the industry and promote industrial planning,
which recommendations, upon approval by the Administrator, after
such notice and hearing as he may prescribe, shall become part of
this Code and have full force and effect as provisions hereof.
(k) 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 neces-
sary, (1) an itemized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the Industry ;
(cc) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, and
to that end, if necessary, to institute legal proceedings therefor in
its own name.
2. Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinafter provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, (unless duly exempted from making such contributions,)
shall be entitled to participate in the selection of members of the
Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
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
26
contained in the approved budget, except upon approval of the Ad-
ministrator ; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
(1) All confidential information of any nature which may be re-
quested by the Code Authority shall be collected through an impar-
tial agency or agencies selected by the said Code Authority and such
information shall be kept confidential by the agency, except when
required by the Code Authority for the proper administration of
the Code, and with the further exception that all such information
shall be fully available to the Administrator at all times.
(m) The Code Authority shall designate an impartial agent or
agents, not members of the industry, to investigate complaints of
violations of the Code. 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
Authority or the Administrator. If the Code Authority or the
Administrator shall determine that substantial doubt exists as to
the accuracy of any such reports, so much of the pertinent books,
records, and papers of such member as may be required for the
verification of such report 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 Administrator. In no
case shall the facts disclosed by such examination be made available
in identifiable form to any competitor, whether on the Code Au-
thority 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.
(n) To provide appropriate facilities for arbitration, and sub-
ject to the approval of the Administrator, to prescribe rules of
procedure and rules to effect compliance with awards and deter-
minations.
Article VII — Open Price
Section 1. Each member of the industry shall file with a confiden-
tial and disinterested agent of the Code Authority or, if none, then
with such an agent designated by the Administrator, identified lists
of all of his prices, discounts, rebates, allowances, and localities to
wdiich the same shall apply, and all other terms or conditions of
sale, hereinafter in this Article referred to as " price terms ", which
lists shall completely and accurately conform to and represent the
individual pricing practices of said member. Such lists shall con-
tain the price terms for all such standard products of the industry
as are sold or offered for sale by said member and for such non-
standard products of said member as shall be designated by the
Code Authority. Said price terms shall in the first instance bo
filed within ten (10) days after the constitution and organization
of the first Code Authority. Price terms and revised price terms
shall become effective immediately upon receipt thereof, said agent
shall by telegraph or other equally prompt means notify said mem-
ber of the time of such receipt. Such lists and revisions, together
27
with the effective time thereof, shall upon receipt by 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 Authority in the
preparation and distribution thereof and be available for inspection
by any of their customers at the office of such agent. Said lists or
revisions or any part thereof shall not be made available to any
person until released to all members of the industry and their cus-
tomers, 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 constitution and organization of the first Code
Authority. 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 Admin-
istrator. Upon request the Code Authority shall furnish to the
Administrator or any duly designated agent of the Administration
copies of any such lists or revisions of price terms.
Section 2. When any member of the industry has filed any re-
vision, such member shall not file a higher price within forty-eight
(48) hours.
Section 3. No member of the industry shall quote, sell, or offer to
sell or otherwise dispose of any products, services of the industry, for
which price terms have been filed pursuant to the provision^ 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 in-
dustry to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Article to create.
Section 5. When it is necessary in certain localities to meet com-
petition from imported common window glass, special schedules
may be filed stating prices lower and/or terms and conditions of sale
more favorable than those provided in schedules hereinbefore men-
tioned by this Article. Such special schedules shall be accompanied
by a statement to the Code Authority specifying the extent of the
competition from, character of, and prices for, such imported prod-
ucts, and the localities to which the same shall apply.
Article VIII — Costs and Price Cutting
Section 1. The standards of fair competition for the industry
with reference to i)ricing 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 tovfard 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, aU papers ghall be referred to the Research
28
and Planning; division of N. R. A. which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) "When an emergency exists as to any given product, sale below
the stated minimum prices of such product, in violation of Section
2 hereof, is forbidden.
Section 2. Emergency Provhions. — (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 prices for a speci-
fied product within the industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectu-
ate the purposes of the Act, the Code Authority may cause an im-
partial agenc}^ to investigate costs and to recommend to the Admin-
istrator a determination of the stated minimum prices of the prod-
ucts affected by the emergency and thereupon the Administrator may
proceed to determine such stated minimum prices. In determining
such stated minimum prices, the Admmistrator may, on the recom-
mendation of the Code Authority or on his own .initiative, determine
a minimum price for each product of the industry (excepting, how-
ever, common window glass of steel sash and green house qualities),
of those members of the industry, each of those shipments, averaged
over the two (2) preceding calendar years, equals less than fifteen
per cent (15%) of the total shipments of the industry averaged over
such two (2) preceding calendar years, which minimum prices shall
be not more than five per cent (5%) less than the minimum prices
determined for such products of all other members of the industry.
(b) "When the Administrator shall have determined such stated
minimum prices for a specified product for a stated period, which
prices 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 prices. Thereafter,
during such stated period, no member of the industry shall sell such
specified products at a net realized price below said stated minimum
prices 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 an}^ determination
hereunder to be reviewed or reconsidered and appropriate action
taken.
Section 3. "\"\^ithin sixty (60) days after the constitution and
organization of the Code Authority as provided by Article VI, the
Code Authority shall cause to be formulated methods of cost finding
and accounting adequate to properly reflect and determine the cost
of manufacture and primary sale of the products of this industry
and capable of use by all members of the industry and shall submit
such methods to the Administrator for review. If and when ap-
proved by the Administrator, full information concerning such
methods shall be made available to all members of the industry by
29
the Code Authority. Within thirty (30) days, thereafter, each
member of the industry shall notify the Code Authority that it has
elected to adopt and use such approved methods to determine the
cost of manufacture and primary sale for the products of the indus-
try or submit to the Code Authority full information of the cost
finding and accounting methods it proposes to use, and if such latter
methods are considered adequate by the Code Authority to properly
reflect and determine cost of manufacture and primary sale of the
products of this industry, such member of the industry may use such
methods. Nothing herein contained shall be constinied to permit the
Code Authority, any agent thereof, or any agent of the industry to
suggest uniform additions, percentages or differentials or other uni-
form items of cost which are designed to bring about arbitrary
uniformity of costs or prices.
Article IX — Production Standards, Etc.
Section 1. Production Standards.
The foUovv^ing shall be the standard grades of common window
glass and no window glass of lower grade shall be sold or offered for
sale by any member of the industry :
(a) Single Strength Glass:
"AA" quality
"A" quality
" B " quality
(b) Double Strength Glass :
"AA" quality
"A" quality
" B " quality
" Greenhouse " quality ; this grade shall be sold in the fol-
lowing sizes only : 16'' x 18'', 16" x 24", and 18" x 20",
except that special sizes other than these may be sold if the
purchaser certifies to the manufacturer that they are to be
used for replacement or construction in connection with
gi-eenhouses, " Steel sash " quality ; this grade shall be
sold in the following sizes only : 12'' x 18", and 14" x 20".
The specific minimum requirements for "AA" quality, "A" quality,
and " B " quality, in both single strength glass and double strength
glass, shall be as set forth in Federal Stock Catalogue, Section IV
(Part 5) "Federal Specification for Glass; Flat for Glazing Pur-
poses ", being Specification No. DD-G-451, approved for promulga-
tion by the Federal Specifications Board on April 28, 1931, herein-
after referred to as the Federal Specifications, the pertinent parts of
which are attached hereto as Appendix A.
" Greenhouse " quality is defined as a grade of double strength
glass below the grade of " B " quality, but which does not contain
defects that would cause breakage or that would be detrimental to
growing plants.
" Steel Sash " quality is defined as a grade of double strength glass
below the grade " B " quality, but which does not contain stones,
large blisters, or very hea^^ cords that might cause breakage, or pre-
sent a very unsightly appearance when glazed in the sash.
(c) Crystal sheet or heavy window glass; this grade shall be sold
in " Selected " and " Factory Run " qualities only. The specific
30
minimiun requirements for " Selected " quality crystal sheet or heavy
■window glass shall conform to the Federal Specifications for "A
quality, single strength and double strength glass. " Factory Run "
quality crystal sheet or heavy window glass shall conform to the
provisions of the Federal Specifications for " Factory Kun " quality
heavy sheet window glass,
(d) Common window glass of sixteen (16) ounces weight per
square foot or lighter ; this glass shall be sorted and sold in " Super-
fine ", " Selected ", and " Standard " qualities onl}^ The specific
minimum requirements for " Superfine " quality, " Selected " quality,
and " Standard " quality shall conform to the Federal Specifications
for "AA" quality, "A" quality, and " B " quality, single strength
glass respectively.
(e) Common window glass of thirteen (13) ounces weight per
square foot or lighter ; this glass shall be sorted and sold in " First ",
" Second " and " Reject " qualities only. The specific minimum re-
quirements for " First " quality, " Second " quality, and " Reject "
quality glass of this grade shall conform to the Federal Specifica-
tions for "AA" quality, "A" quality, and " B " quality, single
strength glass, respectively.
Provided that stock sheets of either single strength or double
strength and grinders of double strength may be sold only to those
equipped to grind and polish common window glass for the j)urpose
of such further processing.
Section 2. Tolerances in Thickness. — The standards of tolerance
for thickness of common window glass of various strengths shall be
as follows:
For—
Lights per inch
Minimum
Average
Maximum
Single Strength Glass..
Double Strength Glass
16-ounce Picture Glass.
10.50
7.50
13.00
11.00
8.00
13.50
11.50
8.50
14.00
For—
Thickness in inches
Minimum Average Maximum
CRYSTAL SHEET OR HEAVY WINDOW GLASS
^A 6-inch glass
?^2-inch glass
J4-inch glass _
0.187
.212
.240
0.193
.218
24S
0.200
.225
.255
Glass of sixteen (16) ounces weight per square foot or lighter may
be manufactured and sold in any required thiclmess, and special
thicknesses of crystal sheet or heavy window glass may be manufac-
tured and sold for special requirements without reference to the
above standards of thickness.
Section 3. The production standards and tolerances in thickness
prescribed by this code shall be revised from time to time to conform
to any technological changes or advances which may occur in the
industry.
31
AeticIxE X — Distribution, Units of Shipment, Discounts
Section 1. Carload Shif^nents Def,ned. — ^For the purposes of the
application of this Article a carload shipment is defined to mean a
railroad shipment of the minimum weight as established and pub-
lished by the railroads in the various territories served, and may be
a mixed carload of common window glass. A rail and water or
truck shipment of the minimum weight of a rail shipment shall be
considered as its equivalent.
Section 2. Unit of Sale and/or Shipment. — The minimum sale
and shipment shall be a carload.
Section 3. Truck Shipment. — The shipment of each carload, de-
livery of which is made by truck, ghall be completed within seventy-
two (72) hours (excluding holidays and Sundays) from the time of
beginning of loading.
Section 4. Classi-fication of Ctistortiers. — (a) In filing price terms
imder Article VII, each member of the industry may accord differ-
ent discounts to its different classes of customers, specifying the
cla^s of customers to which a particular discount is applicable. Such
classification may be in accordance with the classification of " quan-
tity buyers " and " other car-load buyers ", as herein defined, or any
member of the industry may use such other classification of his or its
customers as he or it may desire, in accordance with sub-paragraph
(3) of paragraph (b) of this Section.
(b) (1) A quantity buyer shall be defined as any buyer who shall
have bought and received within the preceding twelve months or
calendar year not less than the minimum requirements of common
window glass, w^hich have been shipped to his own stock, or if he
shall have placed an order for shipment to his own stock for such
amount in accordance with the provisions for prompt specifications
and shipment contained in Rule 2, Article XI of this Code, as set
forth below. Minimum requirements for quantity buyers are as fol-
lows: For quantity buyers located in Arizona, Idaho, Montana,
Nebraska, Nevada, North Dakota, South Dakota, Utah, and Wyo-
ming, 3,000 boxes of common window glass per year; from quantity
buyers located in Maine, New Mexico, Oklahoma, and Texas, 3,500
boxes of common window glass per year ; for quantity buyers located
in Alabama, Arkansas, Colorado, Florida, Georgia, Louisiana, Mis-
sissippi, New Hampshire, South Carolina, Tennessee, and Vermont,
4,000 boxes of common window glass per year, and for quantity
buyers located in the District of Columbia or in any other state or
territory the minimmn requirement shall be 5,000 boxes of common
window glass per year.
(aa) Within five days after the effective date of this code, the
Code Authority shall obtain from the Window Glass Manufacturers'
Association the records of the Association based upon reports from
all members of the industry indicating the quantity buyers within
the trade. Within the same period, each member of the industry
shall file with the Code Authority a list of all of his customers who
are entitled to classification as quantity buyers in accordance with
the classification hereinabove set forth whose names have not there-
tofore been submitted to and made part of the records of the Win-
dow Glass Manufacturers' Association; provided, however, that
32
nothing herein contained shall in any way limit the right of each
member of the industry to adopt his own independent classification
of customers in accordance with paragraph (a) and sub-paragraph
(3) of paragraph (b) of this Section.
(bb) In interpreting the above minimum requirements the aggre-
gate purchases of the buj-er, as above defined in paragraph (1) of
this subsection, shall be taken as the basis, irrespective of the num-
ber or location of the distributing warehouses or outlets operated by
such buj^er. For the purposes of thi^ Section the term " buyer " shall
be deemed to include, but without limitation, distributing warehouses
or agencies operated, owned, or controlled by a member of the in-
dustry or by two or more concerns having a common or joint owner-
ship or control.
(cc) The Code Authority shall from time to time, but not less
often than once each month, report to all members of the industry
all changes in and additions to the list of quantity buyers a^ shown
by its records.
(dd) If the records and/or findings of the Code Authority as to
the qualifications of quantity buj^ers should be questioned by any
member of the industry or customer, appeal may be made to the
Administrator by such member of the industry or customer who shall
determine the matter upon the facts presented.
(2) " Other carload buyers " shall be defined as buj^ers in carload
lots not included within the definition of " quantity buyers ".
(3) Any member of the industry desiring to quote prices, dis-
counts, and other terms and conditions of sale on any other basis of
classification of customers shall define his or its proposed basis of
classification in such a way as to avoid uncertainty and discrimina-
tion, and shall file the same in accordance with the provisions of
Article VII of this code, and shall refer thereto in filing price terms
■under said Article VII.
(c) No member of the industry shall by intimidation, coercion or
other undue influence cause or attempt to cause the inclusion of any
customer in or the exclusion of any customer from any class of cus-
tomers, or the exclusion of any class of customers from the classi-
fication, or the use of uniform or stipulated prices, discounts or
differentials.
Section 5. Consignrnent Sales. — No member of the industry shall
ship or offer to ship the products of this industry on consignment
except (1) as may be provided in bona fide contracts and/or orders
binding upon all parties thereto and executed prior to the apjDroval
of this Code, or (2) under such circumstances as may be prescribed
by the Code Authority subject to the approval of the Administrator.
All such consignment contracts and/or orders, whether executed
prior to the approval of this Code or thereafter, shall be reported
to the Code Authority or to such agency as it may designate.
Article XI — Trade Practice Rules
General Defimtion. — For all purposes of this Code the acts de-
scribed in this Article shall constitute unfair trade practices. Any
member of the industry which shall directly or indirectly, through
an officer, employee, agent, or representative, knowingly use, employ,
33
or permit to be employed, any of such unfair practices shall be guilty
of a violation of the Code.
Rule 1. Labelling and Bramding. — No member of the industry
shall sell or offer to sell or ship any light of common window glass
unless each light shall bear a label designating its quality and thick-
ness and the name, trade name, or registered trade mark of the pro-
ducer, except that this provision shall not apply to lights of common
window glass ordered by and furnished to the purchaser for :
(a) silvering purposes,
(b) automobile and/or body manufacturing,
(c) specialty and/or novelty manufacturing,
or to common window glass of other than "AA", "A", or " B " qual-
ity or to common window glass of sixteen (16) ounce weight per
square foot or lighter, or to cylinder glass more than three (3) years
old as of the effective date of this Code. No member of the industry
shall sell or offer to sell or ship any common window glass unless
each container shall bear a brand or mark designating its quality and
thickness and the name, trade name, or registered trade mark of the
producer. All labels, brands, or marks shall be affixed by the member
of the industry at the factory where such lights of glass are produced.
Rule 2. Unspecified Contracts. — No member of the industry shall
accept any contract and/or order for the products of this industry
unless such contract and/or order provides that complete manufac-
turing data shall be furnished by the purchaser within thirty (30)
days after the date of execution (signing or confirming) of such
contract and/or order, and that shipment shall be made within sixty
(60) days after the date of said execution of such contract and/or
order, except that this provision shall not apply to : (1) orders bind-
ing upon all parties thereto for the products of this industry required
for an identified structure or construction project, or (2) to contracts
and/or orders with the Federal Government of the United States or
any of its departments or agencies, or with any State or any political
subdivision thereof.
Rule 3. Blacklisting. — No member of the industry shall join or
participate with other members of the industry who with such mem-
ber constitute a substantial number of members of the industry or
who together control a substantial per cent of the business in any
specific product or products of the industry, in any transaction
known in law as a blacklist, including any practice or device (such
as a white list) , which accomplishes the purpose of a blacklist.
Rule 4. Post-Doting. — No member of the industry shall post-date
or pre-date any contract, invoice, quotation, or receipt, withhold from
or insert in any contract, invoice, quotation, or receipt any statement
which makes such contract, invoice, quotation, or receipt an inac-
curate statement either in whole or in part or accept or offer to
accept any such contract.
Rule 5. Misrepresentation. — No member of the industry shall pub-
lish advertising (whether printed, radio, display or of any other
nature), which is misleading or inaccurate in any material partic-
ular, nor shall any member in any way misrepresent any goods (in-
cluding but without limitation its use, trade mark, grade, quality,
quantity, origin, size, substance, character, nature, finish, or strength)
or credit terms, values, policies, services, or the nature or form of the
business conducted.
34
Rule 6. Rebates. — No member of the industry shall secretly offer
or make any payment or allowance of a rebate, refund, commission
credit, unearned discount, or excess allowance, whether in the form
of money or otherwise, nor shall a member of the 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 in-
fluencing a sale.
Rule 7. Rebates for Defects. — All allowances on account of de-
fects in quality shall be reported monthly to a confidential agent of
the Code Authority.
Rule 8. Contingent Sales. — No member of the industry shall offer
to sell or enter into any agreement to furnish common window glass
contingent upon the sale or purchase of any other product, the per-
formance of any other service or any other contingency not appear-
ing in the contract of sale, or require that the purchase or lease of
any commodity be a prerequisite to the purchase or lease of any
other commodity.
Rule 9. Coinbmation Sales of Industry and Non-Industry Prod-
ucts. — No member of the industry shall directly or indirectly com-
bine quotations for any product of this industry with any quota-
tion for any other material, labor, or service, for the purpose and
with the intent or effect of concealing the true selling price of the
product of this industry or with the intent or effect of injuring a
competitor or violating any of the provisions of this Code.
Rule 10. Inducing Breach of Contract. — No member of the in-
dustry shall laiowingly attempt to induce or permit its agent to
induce or attempt to induce the breach of an existing contract be-
tw^een a competitor and his customer or source of supply; nor shall
any such member interfere with or obstruct the performance of such
contractual duties or service.
Rule. 11. Commercial Bribery. — No member of the industry shall
give, permit to be given, or directly offer to give anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent, or the
represented party, without the knowledge of such employer, princi-
pal, or party. This provision shall not be construed to prohibit free
and general distribution of articles cominonly used for advertising
except so far as such articles are actually used for commercial bribery
as hereinabove defined.
Rule 12. Defamation of Competitors. — No member of the indus-
try shall defame competitors by falsely imputing to them dishonor-
able conduct, inability to perform contracts, questionable credit
standing, or by other false representations or by the false disparage-
ment of the grade or quality of their product.
Rule 13. Threats of Law Suits. — No member of the industry shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers.
Rule 14. Coetvlon. — No member of the industry shall require that
the purchase or lease of any service or product of tliis industry or
any ser\dce or product of another industry be a requisite or pre-
requisite to the purchase or lease of any other service or product of
this industry or any other service or product.
35
Rule 15. Special Service. — No member of the industry shall quote,
sell, or offer to gell or otherwise dispose of window glass in carloads
to be delivered to two or more parties direct in less than carload
lots without making an extra charge therefor commensurate with
additional cost.
Article XII — Appeals
An interested party shall have the right of appeal to the Admin-
istrator, under such rules and regulations as he may prescribe, in
respect to any decision, rule, regulation, order or finding made, act
or omission to act, by the Code Authority whether or not go pro-
vided in any other part of this Code.
Article XIII — Modifications
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of 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. Tliis Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the President.
Article XIV — Monopolies
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprise^.
Article XV — Registration of Members of the Industry
Every member of the industry shall comply with the rules and
regulations of the Administrator as to registration with the Code
Authority, or such other agency as the Administrator may direct
and including, but without limitation, the number of shops, estab-
lishments, or separate units thereof and their location, as well as
each additional shop, establishment, or separate unit opened after
registration.
Article XVI — Effective Date
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 533.
Registry No. 1021-1-05.
APPENDIX A
[Excerpts from Federal Stock Catalogue, Section IV (Part 5), " Federal Specifi-
cation for Glass ; Flat for Glazing Purposes " (being specification No. DD-G-
451, approved for promulgation by the Federal Specifications Board on April
28, 1931).]
DETTAIL ESQUIREMENTS FOR ITPE B, CLEAR WINDOW GLASS
E-2a. Requirements for all thicknesses. — Clear window glass for glazing ig
made in several different qualiti^^ and thicknesses
Single strength and double strength window glass is regularly supplied in two
standard qualities, known as A quality and B quality. A limited amount of
this glass, known as AA quality, which is especially free from defects, is some-
times selected for special purposes and may be specified if desired.
E-2b. Specific requirements for single and double strength glass.
E-2b (1). A quality. — The defects permitted in this quality are faint strings
or lines, slight burn, small seeds, small blisters, and light scratches. No light
shall contain all of these defects, and those present may not be grouped when
in the central area of the sheet. Strings, lines, or burn specks shall not be of
such intensity that they are visible when observing the sheet at an angle
greater than 30° between the line of sight aud the glass. "Waves shall not be
visible at an angle greater than 20° with the glass. Blistere shall not exceed
14 inch in length unless they occur near the edge of the sheet.
In general, the central area of the light shall be practically free from defects,
and the appearance of the light as a whole shall be such that there is no
perceptible interference with the vision as long as one is not looking through
the glass at an acute angle.
E-21) ('Z). B quality. — This quality admits of the same kind of defects as
A quality, but they may be larger, heavier, and more numerous. Occasional
scattered blisters not more than one-half inch long may occur over the central
area of the sheet. Larger blisters up to 1 inch in length may occur about the
bordering areas.
Waves should not be of such intensity that they are visible when observing
the sheet at an angle greater than 45° with the glass unless on the border.
Burn spots may be visible when looking directly through the glass, but they
must not cause any appreciable depression, and the speckled appearance must
not be so great as to interfere with vision when examining the glass in the
specified position.
E-2c. Specific requirement for heavy sheet window glass.
E-2c (2). Factory-run quality. — This quality is the run of glass as produced
by the factor^-. It may contain glass of very good quality and some glass of
very ordinary quality. However, the glass that contains heavy cords, lines,
or strings over the entire surface, raised blisters, cap strings, stones, or batch
particles causing a r()U":h surface or depression, or having its surface covered
with heavy burn, wrinkles, deep scratches, or stone shall not be included in
this quality.
(36)
C
Approved Code No. 534
CODE OF FAIR COMPETITION
FOR THE
HORSE HAIR DRESSING INDUSTRY
As Approved on November 24, 1934
ORDER
Approving the Basic Code as the Code of Fair Competition for
THE Horse Hair Dressing Industry
An application having been made pursuant to Administrative
Order No. X-61, dated July 10, 1934, for the approval of the Basic
Code, as amended and attached to the annexed report as Exhibit
"A", as the Code of Fair Competition for the Horse Hair Dressing
Industry, defined for the purposes of this Order as follows :
Tlie term " Industry " as used herein means and includes the dress-
ing, selling and/or wholesale distribution of " Horse Hair ", and
such related branches or subdivisions as may from time to time be
included under the provisions of this Code.
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
(a) Incorporate by reference said annexed report and said Code,
as attached hereto marked as Exhibit "A",
(b) Find that said Code complies in all respects with the perti-
nent provisions and will promote the policy and purposes of Title I
of the National Industrial Recovery Act, and
(c) Order that said Code be and it hereby is approved as the
Code of Fair Competition for the Horse Hair Dressing Industry, as
above defined.
This Order shall become effective ten (10) days from the date
hereof unless prior to that time good cause to the contrary is sliown
to the National Industrial Recovery Board, and it, by its further
order, otherwise directs.
Naitonal Industrial Recoa'ery Board,
B}' W, A. Harriman, Administrative Officer.
Approval recommended :
Prentiss L. Coonlet,
Acting Division Administrator .
Washington. D. C,
November 24, 193 Jf.
99518°—— 1325-104 S4 (37)
•?rt
EEPORT TO THE PRESIDENT
The President,
The White Hotise.
Sir : This is a report on the Basic Code of Fair Competition for
the Horse Hair Dressing Industry, which was presented by duly
qualified and authorized representatives of the Industry, complying
with statutory requirements, said to represent one hundred per cent
(100%) in volume of sales of the Industry which could be included
in this Code.
GENERAL STATEMENT
The Horse Hair Dressers Association, being duly representative of
the Horse Hair Dressing Industry, has elected to avail itself of the
option of submitting a Basic Code of Fair Competition, as provided
in Administrative Order X-61, dated July 10, 1934.
THE INDUSTRY
This Industry buys "Horse Hair ", dresses, and resells it, which
includes the dressing, selling and/or wholesale distribution of
" Horse Hair."
The Horse Hair Dressing Industry was originally granted a Code
of Fair Competition on May 14, 1934, jointly with the Curled Hair
Manufacturing Indust^3^ It having been found more efficient to ad-
minister this Industry under the Basic Code, and the Industry having
applied for a conditional exemption from all provisions of the ap-
proved Code, the Industry has made application to operate under the
Basic Code.
According to statistics furnislied by members of the Horse Hair
Dressing Industry, there are fil"teen establishments active in the In-
dustry at the present time. At the time of granting the Curled Hair
Manufacturing Industry and the Horse Plair Dressing Industry' a
Code of Fair Competition, there were twenty establishments in oper-
ation. The additional five establishments are reported to be closed.
The aggregate invested capital in this Industrv during the past
six years has declined from $1,000,000 in 1929 to apiDroximately $300,-
000 in 1934. This fluctuates according to the demand, as the majority
of the capital invested in this Industry is stock-on-hand, the require-
ments for equipment and machinery being \Qrj small.
The latest figures on annual sales for the year 1933 are estimated
at $750,000.
The number of employees in this Industry fluctuates according
to the demand for the products of this Industry. At the present
time, there are approximately one hundred persons employed.
Markets for the Horse Hair Dressing Industry's products arc ex-
clusively jobbei"s, who, in most cases, are also importers of dressed
(38)
39
horse hair. These jobbers sell to brush, hair cloth and furniture
manufacturers and a few other small Indusfe'ies. The before men-
tioned outlets being in their order as to volume used.
The decline in the domestic Industry has been due to the low cost
of foreign dressed horse hair imported mostly from Russia and
China. The Industry has applied for an import duty.
rEOAISIOXS OF THE CODE
The Hour and Wage provisions of this Code are the same as in the
Code of Fair Competition that was approved for this Industry on
May 14, 1934, which in the opinion of the Deputy, are suitable for
this Industry. No emploj-ee shall be permitted to work in excess of
forty (40) hours in any one week or eight (8) hours in any one day.
The minimum wages in this Code are thirty-five cents (35^) per
hour for female employees and forty c^nts (400) per hour for male
employees. The remaining provisions of the Code are those of the
Basic Code of Fair Competition, as provided in Administrative
Order X-61, dated July 10, 1934.
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 proceedings in this matter :
The National Industrial Recoveiy Board 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 foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of coojDerative 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) Said Industry normally employs not more than fifty thousand
persons; and is not classified 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.
40
(e) The Cock is not designed to and will not eliminate or oppress
small enterprises and wiil not operate to discriminate against them.
(f ) Those engaged in other steps of the economic process will not
have been deprived of the right to be heard prior to the effective date
of said Code.
For these reasons, this Code has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
^1 chn inistrati ve 0-fficer.
November 24, 1934.
iq
Exhibit A
CODE OF FAIR COMPETITION FOR THE HORSE HAIR
DRESSING INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Basic Code
of Fair Competition which shall govern the Horse Hair Dressing
Industry applying therefore in accordance with Administrative Order
X-61, dated July 10, 1934.
Article II — Definitiox
The term " Horse Hair Dressing Industry " as used herein includes
the dressing, selling and/or wholesale distribution of " Horse Hair ",
and such related branches or subdivisions as may from time to time
be included under the provisions of this Code.
Article III — Hours
1. No employee shall be j^ermitted 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. The provisions of this Article shall not apply to persons em-
ployed in a managerial or executive capacity who receive not less
than thirty-five dollars ($35.00) per week, nor to traveling salesmen
nor to employees engaged in emergency maintenance or emergency
repair work involving protection of life or property, provided, how-
ever, that all emplo^^ees engaged in emergency maintenance or emer-
gency repair work shall receive at least 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 or in excess of ten (10) hours in any twenty-
four (24) hour period.
3. No watchman, fireman or engineer shall be permitted to work
in excess of fortj^-four (44) hours in any one week.
4. No employee shall be permitted to work more than six (6) days
in any seven (7) day period.
5. Employers when working as producers shall be governed by the
maximum working hours provided herein.
6. No employee shall be permitted to work for a total number of
hours in excess of the number of hours prescribed herein whether he
be employed by one or more employers.
Article IV — ^^Vages
1. No female employee shall be paid less than at the rate of thirty-
five cents (350) per hour and no male employee shall be paid less
(41)
42
than at the rate of forty cents (400) per liour, except as herein other-
wise provided. / i
2. A person whose earning capacity is limited because of age or
jjhj^sical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtams 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 with the Code Authority a list of all such
j^ersons employed by him.
3. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
4. This article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time rate, piece-work performance or other basis.
5. All wages shall be adjusted 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 of hourly rates; nor in weekly earnings for
any reduction in hours of less than thirty per cent (30%).
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed
in the Industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit
to the National Industrial Recovery Board within sixty (60) days
from 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 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 of permits showing
that the employee is of the required age.
2. In compliance with Section 7 (a) of the Act, it is 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 designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or prot€ction.
(b) That no emplo3'ee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing or assisting a labor organization
of his own choosing, and
(c) That 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. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge for the purpose of
defeating the purposes or provisions of the Act or of this Code.
4. Every emj)lover shall provide for the safety and health of em-
I)loyees during the hours and at the places of their employment.
43
Standards for safety and health shall be submitted by the Code Au-
thority to the National Industrial Recovery Board within three
months after the elfective date of the Code.
5. No provision in this Code shall supersede any state or Federal
law which imposes on employers more stringent requirements as to
age of emiDloyees, wages, hours of work, or as to safety, health, sani-
tary or general working conditions than are imposed by this Code.
6. All employers shall post and keep posted complete copies of the
hour, wage and general labor provisions of this Code in conspicuous
places accessible to employees.
Article VI — xIdministration
This Code shall be administered by the General N. E. A. Code
Authority which shall be selected pursuant to, have the powers spec-
ified in. and function in accordance with Administrative Order X-62,
dated July 10, 1934; provided, however, that, on approval by the Na-
tional Industrial Recovery Board, the Horse Hair Dressing Indus-
try if it so desires may elect its own Code Authority to have powers
and to function in the manner prescribed for the general N. R. A.
Code Authority, and under such rules and regulations as the National
Industry Recovery Board may prescribe.
Article VII — Trade Practices
1. It shall be an unfair method of competition for any member
of the Horse Hair Dressing Industry subject hereto to violate any
rule of Fair Trade Practice for such Industry even if not herein
contained when approved by the National Industrial Recovery
Board, or, in the case of Trade Practice provisions for Trades or
Industries under the jurisdiction of the Secretary of Agriculture
when approved hj such Secretary, on application concurred in by
seventy-five per cent (75%) of the members of such Trade or
Industry.
2. Prices, rebates, discounts, commissions and conditions of sale
shall be filed as prescribed in Administrative Order No. X-62, dated
July 10, 1934, and it shall be an unfair method of competition to
violate or fail to comply with the terms of that Order.
Article VIII — General Provision
Section 10 (b) of the National Industrial Recovery Act is hereby
incorporated herein by reference and this Code is expressly made
subject thereto.
Approved Code No. 534.
Registry No. 1627-0-2A.
o
Approved Code No. 535
CODE OF FAIR COMPETITION
FOR THE
BRATTICE CLOTH MANUFACTURING INDUSTRY
As Approved on November 26, 1934
OEDEE
Approving the Basic Code as the Code of Fair Competition for
THE Brattice Cloth Manufacturing Industry
An application having been made pursuant to Administrative
Order No. X-61, dated July 10, 1934, for the approval of the Basic
Code, as amended and attached to the annexed report as Exhibit
"A", as the Code of Fair Competition for the Brattice Cloth Manu-
facturing Industry, defined for the purposes of this Order as follows :
The term " Industry " as used herein means the manufacture of
brattice cloth and the sale thereof by the manufacturer and such
branches thereof as may from time to time be included under the
provisions of this Code.
NOW, THEREFOKE, 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 #6559, dated September 27, 1934 and otherwise;
does hereby:
(a) incorporate by reference said annexed report and said Code,
as attached thereto marked Exhibit "A",
(b) find that said Code complies in all respects with the pertinent
provisions and will promote the policy and purpose of said Title of
said Act, and
(c) order that said Code be and it hereby is approved as the
Code of Fair Competition for the Brattice Cloth Manufacturing
Industry, as above defined.
This Order shall become effective ten (10) days from the date
hereof unless prior to that time good cause to the contrary is shown
to the National Industrial Recovery Board and it, by its further
order, otherwise directs.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended:
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
November 26, 1934.
99812° 1325-105 34 (45)
KEPOKT TO THE PKESIDENT
The President,
The White House.
Sie: This is a report on the Basic Code of Fair Competition for
the Brattice Cloth Manufacturing Industry, which was presented
by duly qualified and authorized representatives of the Industry,
complying with statutory requirements, said to represent 100 per-
cent in volume of sales of the Industry which could be included in
this Code.
GENERAL STATEMENT
The Brattice Cloth Manufacturing Association, being duly repre-
sentative of the Brattice Cloth Manufacturing Industry, has elected
to avail itself of the option of submitting a Basic Code of Fair Com-
petition, as provided in Administrative Order X-61, dated July
10, 1934.
This Industry manufactures and sells brattice cloth to be used in
Mines to conduct and regulate air currents.
THE INDUSTRY
According to statistics furnished by members of the Brattice Cloth
Manufacturing Association, there are five concerns engaged in the
Industry, with aggregate annual sales of approximately $275,000.00.
The Industry employes about 69 persons.
PROVISIONS OF THE CODE
The hour and wage provisions of this Code establish a max-
imum 40 hour week, except for 8 weeks in any one year, any employee
may be permitted not more than 48 hours per week. All hours in
excess of 8 per day or 40 per week shall be paid at not less than one
and one-half times the employee's regular rate. The minimum wages
of this Code are 35^ in the northern section of the United States
and 30^ per hour in the southern section of the United States. The
remaining provisions of the Code are those of the Basic Code of Fair
Competition, as provided in Administrative Order X-61, dated July
10, 1934.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said Code having found as herein set
forth and on the basis of all 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
(46)
47
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 trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving 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 the National Industrial Recovery
Board as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to 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.
For these reasons, this Code has been approved.
For the National Industrial Recovery Board :
W. A. Harkiman,
Adininistrative Ojflcer,
November 26, 1934.
Exhibit "A"
CODE OF FAIR COMPETITION FOR THE BRATTICE
CLOTH MANUFACTURING INDUSTRY
Article I
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a basic
Code of Fair Competition which shall govern the Brattice Cloth
Manufacturing Industry applying therefor in accordance with
Administrative Order No. X-61, dated July 10, 1934.
The term " Industry " as used herein means the manufacture of
brattice cloth and the sale thereof by the manufacturer and such
branches thereof as may from time to time be included under the
provisions of this Code.
The term " Brattice Cloth " as used herein means jute fabrics
which have been chemically treated to make them fire-proof, for use
in mines to conduct and regulate air currents.
Article II
Section 1. Hours. — No employee shall be permitted to work in
excess of forty (40) hours in any one week, except that for eight
(8) weeks in any one calendar year, any employee may be permitted
to work not more than forty-eight (48) hours per week. All hours
in excess of eight (8) per day or forty (40) per week shall be paid
for at not less than one and one-half (l^^) times the employee's
re":ular rate.
Bection 2. Exceptions. — The provisions of Section 1 shall not
appl}?- to employees engaged in emergency maintenance or emergency
repair work involving breakdowns or the protection of life or prop-
erty, nor to persons employed in a managerial or executive capacity
who earn regularly Thirty-five Dollars ($35.00) per week or more,
nor to any other class of employees which the National Industrial
Recovery Board shall find upon application of true representatives of
the trade or industry should be subjected to an exemption or amend-
ment in accordance with N. R. A. policy; provided, however, that
employees engaged in such emergency maintenance and emergency
repair work shall be paid at one and one-half (II/2) times their
normal rate for all hours worked in excess of forty (40) hours per
week.
Section 3. Minhnwm Wages. — No employee shall be paid in any
pay period less than at the rate of fourteen dollars ($14) per week
for forty (40) hours of labor, except in Southern Section in which
region no employee shall be paid in any pa}^ period less than at the
rate of twelve ($12) per week for forty (40) hours of labor.
(48)
49
The " Southern Section " shall include the states of Virginia,
North Carolina, South Carolina, Georgia, Tennessee, Alabama, Mis-
sissippi, Louisiana, Texas and Florida.
The " Northern Section " is defined to mean the rest of the United
States.
SEcnOiSr 4. Wages in General. — All wages shall be adjusted 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
percent.
Article III
Section 1. Child Labor. — No person under sixteen years of age
shall be employed in the industry in any capacity. No person under
eighteen years of age shall be employed at operations or occupations
which are hazardous in nature or dangerous to health. The Code
Authority shall submit to the National Industrial Recovery Board
for approval March 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 authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
Section 2. Apprentices. — The hours and wages of regularly in-
dentured apprentices in skilled trades or occupations of the industry
may depart from the standards hereinabove prescribed; provided
that the terms of employment and the course of instruction of such
apprentices shall conform to standards uniform throughout the trade
or industry and approved by the National Industrial Recovery
Board.
Section 3. Handicapped Persons. — A person whose earning ca-
pacity is limited because of age, physical or mental handicap, or other
infirmity, may be employed on light work at a wage below the mini-
mum established by this Code, if the employer obtains from the State
Authority designated by the United States Department of Labor,
a certificate authorizing such person's employment at such wages and
for such hours as shall be stated in the certificate. Such authority
shall be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons. Each employer shall
file monthly with the Code Authority a list of all such persons em-
ployed by him showing the wages paid to, and the maximum hours
of work for such employee.
Section 4. Safety and Health. — Every employer shall make rea-
sonable provisions for the safety and health of his employees at the
place and during the hours of their employment. Standards for
safety and health shall be submitted by the Code Authority to the
National Industrial Recovery Board for aproval within three months
after the effective date of this Code. The standards approved shall
thereafter be a part of this Code and enforceable as such.
Section 5. Required Labor Clauses. — The provisions of Section
7 (a) of said Act are hereby incorporated herein by this reference
and shall be complied with.
50
Article IV
(A) ADMINISTRATION
This Code shall be administered by the General NRA Code Au-
thority which shall be selected pursuant to, have the powers specified
in and function as follows; provided, however, that, on approval by
the National Industrial Recovery Board, the Brattice Cloth Manu-
facturing Industry may elect its own Code Authority to have powers
and to function in the maimer prescribed for the General NRA Code
Authority and under such rules and regulations as the National
Industrial Recovery Board may prescribe.
(B) GENERAL NRA CODE AUTHORITY
(i) The General NRA Code Authority, provided for in Article IV
of said Basic Code, shall be appointed by the National Industrial
Recovery Board and shall serve without expense to the Industries
subject to such Code.
(ii) Such Code Authority shall have the following powers and
duties :
(aa) To insure the execution of the Code and to provide for the
compliance of the industry with the provisions of the Act.
(ab) To adopt by-laws and rules and regulations for its procedure.
(ac) 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 said Basic Code shall
furnish such statistical information as the National Industrial Re-
covery Board may deem necessary for the purposes recited in Section
3 (a) of the Act to such Federal and State agencies as it may desig-
nate ; provided that notliing in the 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
Government agencies as may be directed by the National Industrial
Recovery Board.
(ad) The General NRA Code Authority shall submit to the
National Industrial Recovery Board within 90 days after the
approval of this Basic Code a list of industries covered by the Basic
Code, in which work on any part of the product is performed in the
home and/or work is contracted out. The General NRA Code
Authority may also submit a list of special problems affecting
particular industries operating under the Basic Code, and
recommendations pertaining thereto.
(ae) To make reconmiendations to the National Industrial Recov-
ery Board for the coordination of the Administration of the Code
and such other codes, if any, as may be related to or affect members
of the industry.
(af) To recommend to the National Industrial Recovery Board
any action or measure deemed advisable, including further fair trade
practice provisions to govern members of the industry in their rela-
tions with each other or with other industries ; measures for industrial
planning, and stabilization of emplo}^nent.
51
Article V — Trade Practices
(A) It shall be an unfair method of competition for any member
of any trade or industry subject hereto to violate any rule of fair
trade practice for this industry even if not herein contained when
approved by the National Industrial Recovery Board, or, in the case
of trade practice provisions for trades or industries under the juris-
diction of the Secretary of Agriculture when approved by such
Secretary, on application concurred in by seventy-five (75) percent
of the members of such trades or industry.
(B) Prices, rebates, discounts, commissions and conditions of sale
shall be filed as prescribed in Administrative Order No. X-62, dated
July 10, 1934, and it shall be an unfair method of competition to
violate or fail to comply with the terms of that Order. The terms
of said Order are as follows :
(i) OPEN PRICE FILING
As provided for in Section (B) of Article V of said Basic Code,
prices, rebates, discounts, commissions, and conditions of sale shall
be filed in accordance with the following provisions :
(aa) Each member of the industry shall file with a confidential
and disinterested agent of the Code Authority or, if none, then with
such an agent designated by the National Industrial Eecovery 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 ac-
curately conform to and represent the individual pricing practices
of said member. Such lists shall contain the price terms for all such
standard products of the industry as are sold or offered for sale by
said member and for such non-standard products of said member as
shall be designated by the Code Authority. Said price terms shall in
the first instance be filed within 30 days after the date of approval of
this provision. Price terms and revised price terms shall become ef-
fective immediately upon receipt thereof by said agent. Immediately
upon receipt thereof, said agent shall by telegraph or other equally
prompt means notify said member of the time of such receipt. Such
lists and revisions, together with the effective time thereof, shall
upon receipt be immediately and simultaneously distributed to all
members of the industry and to all of their customers who have
applied therefor and have offered to defray the cost actually in-
curred by the Code Authority in the preparation and distribution
thereof and be available for inspection by any of their customers at
the office of such agent. Said lists or revisions or any part thereof
shall not be made available to any person until released to all mem-
bers 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 30 day period after the approval of this
code. The Code Authority shall maintain a permanent file of all
price terms filed as herein provided, and shall not destroy any part
of such records except upon written consent of the National In-
dustrial Eecovery Board. Upon request the Code Authority shall
52
furnish to the Xational Industrial Recovery Board or any duly
designated acent of the National Industrial Recovery Board copies
of any such lists or revisions of price terms.
(ab) When any member of the industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
(ac) No member of the industry shall sell or offer to sell any
product, services of the industry, for which price terms have been
filed pursuant to the provisions of this article, except in accordance
with such price terms.
(ad) No member of the industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the industry to
change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create.
(ii) COSTS AND PRICE CUTTING
(aa) The standards of fair competition for the industry with
reference to pricing practices are declared to be as follows :
(1) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within 5 days af-
ford an opportunity to the member filing the price to answer such
complaint and shall within 14 days make a ruling or adjustment
thereon. If such ruling is not concurred in by either party to the
complaint, all papers shall be referred to the Research and Planning
Division of N. R. A. which shall render a report and recommenda-
tion thereon to the National Industrial Recovery 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) 'Wlien an emergency exists as to any given product, sale be-
low the stated minimum price of such product, in violation of
Section 2 hereof, is forbidden.
(ab) EMERGENCY PRGVISIONS
(1) If the National Industrial Recovery Board, after investiga-
tion 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 condi-
tions which tend to defeat the purposes of the Act; and (2) that the
determination of the stated minimum price for a specified product
within the industry for a limited period is necessary to mitigate the
conditions constituting such emergency and to effectuate the purposes
cf the Act, the Code Authority may cause an impartial agency to
53
investigate costs and to recommend to the National Industrial Re-
covery Board a determination of the stated minimum price of the
product affected by the emergency and thereupon the National In-
dustrial Recovery Board may proceed to determine such stated
minimum price.
(2) 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 reasonable calculated to mitigate
the conditions of such emergency and to effectuate the purposes of
the National Industrial Recovery Act, he shall publish such price.
Thereafter, during such stated period, no member of the industry
shall sell such specified products at a net realized price below said
stated minimum price and any such sale shall be deemed destructive
price cutting. From time to time, the Code Authority may 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.
Article VI
(A) Section 10 (b) of said Act is hereby incorporated herein by
reference and this Code is expressly made subject thereto.
(B) The following rules and regulations are hereby prescribed to
supplement the Basic Code.
(i) The minimum rates of pay provided for in Article II of said
Basic Code shall apply, irrespective of whether an employee is
actually compensated on a time rate, piece-work, or other basis.
(ii) Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
(iii) No employer shall permit any employee to work for any time
which, when totaled with that already performed for another em-
ployer or employers exceeds the maximum permitted herein.
(iv) No employer shall reclassify employees or duties of occupa-
tions performed or engage in any other subterfuge so as to defeat the
purposes or provisions of the Act or of said Basic Code.
(v) No employer shall dismiss or demote any employee for making
a complaint or giving evidence with respect to an alleged violation
of the provisions of any Code of Fair Competition.
(vi) Code Authorities selected by industry in accordance with
Article IV of said Basic Code shall function at the expense of the
industry in accordance with such further rules and regulations as the
National Industrial Recovery Board may prescribe.
(vii) No provision hereof, or of said Basic Code, shall supersede
any State or Federal law which imposed on employers more stringent
requirements as to age of employees, wages, hours of work, safety,
health and sanitary conditions, insurance, fire protection or general
working conditions, than are imposed thereby.
(viii) No provision hereof, or of said Basic Code, shall be so
applied as to permit monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
Approved Code No. 535.
Registry No. 209-45.
o
Approved Code No. 536
CODE OF FAIR COMPETITION
FOR THE
CHLORINE CONTROL APPARATUS INDUSTRY
AND TRADE
As Approved on December 18, 1934
OKDEE
Approving the Basic Code of Fair Compettiton for the Chlorine
Control Apparatus Industry and Trade
An application having been made pursuant to Administrative
Order No. X-61, dated July 10, 1934, for the approval of the Basic
Code, as modified and attached to the annexed report as Exhibit
"A", as the Code of Fair Comj^etition for the Clilorine Control
Apparatus Industry and Trade, defined for the purposes of this
Order as follows:
The Chlorine Control Apparatus Industry and Trade means the
contracting for the manufacture and/or the manufacture and/or
assembly for sale or lease and/or the distributing of equip-
ment to control the application of chlorine and chlorine compounds
for all purposes, including the field of Sanitation and Industry and
(a) the installation and/or servicing of such equipment by members
of the industry and trade and (b) parts thereof and therefor, for
assembly in, the maintenance of, and/or the repair of the products
of this industry and trade. It excludes the manufacture and/or
sale, as such, of the said parts when produced by persons or em-
ployers not members of this industry and trade when produced
under the provision of any other Code of Fair Competition; and
it appearing that said application is in full compliance with the
provisions of Title I of the National Industrial Kecovery Act, and
that the annexed report on said Code, containing findings with
respect thereto, has been made and directed to the President :
NOW, THEKEFOKE, 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 :
(a) incorporate by reference said annexed report and said Code,
as attached thereto marked Exhibit "A",
(b) 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
103802° 1385-104 34 (55)
56
(c) order that said Code be and it hereby is approved as the Code
of Fair Competition for the Chlorine Control Apparatus Industry
and Trade, as above defined.
This order shall become effective ten (10) days from the date
hereof unless prior to that time good cause to the contrary is shown
to this Board and it, by further order, otherwise directs.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Oiftcer,
Approval recommended :
Barton W. Murray,
Division Administrators
Washington, D. C,
December 18, 193 Jf.
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Basic Code of Fair Competition for
the Chlorine Control Apparatus Industry and Trade, which has
been presented by duly qualified and authorized representatives of
the Industry and Trade, complying with statutory requirements,
said to represent ninety-five (95) percent in volume of sales of the
Industry and Trade which could be included in this Code.
GENERAL STATEMENT
The Associated Manufacturers of Chlorine Control Apparatus,
being truly representative of the Chlorine Control Apparatus In-
dustry and Trade, has elected to avail itself of the option of sub-
mitting a Basic Code of Fair Competition, as provided for in
Administrative Order X-61, dated July 10, 1934.
This Code, which includes both the Industry and the Trade, con-
stitutes a vertical Code. The words. Industry and Trade, as applied
to this Code, become practically synonymous in that they intertv/ine
so closely that they cannot be referred to independently ; for example
the Industry, through the process of distributing, installing and
servicing the apparatus, becomes the Trade.
This Industry and Trade manufactures for sale or lease and
installs and services apparatus and equipment to control the appli-
cation of chlorine and chlorine compounds for all purposes, includ-
ing the fields of sanitation and industry and parts thereof. The
apparatus must be so constructed that the meticulous dosage of
chlorine gas and chlorine compounds necessary in the sanitation
of water, sewag-e and industrial wastes is properly controlled. The
intelligent application of chlorine and its compounds is a vital factor
in securing a safe drinking water in areas afflicted by such public
catastrophies as are occasioned by fire, flood or hurricane.
The figures furnished by the Associated Manufacturers of Chlo-
rine Control Apparatus show that a comparatively steady demand
has existed for the products of this Industry and Trade through
the depression period; and with the ever increasing standards for
the protection of life and health, there is defijiite indication of a
satisfactory future.
(57)
58
The following table has been prepared as the most concise method
of presenting pertinent factors of this Industry and Trade :
Year
Number
of con-
cerns
Number
of em-
ployees
Volume
of busi-
ness
Year
Number
of con-
cerns
Number
of em-
ployees
Volume
of busi-
ness
1928..
3
6
8
10
350
$1 . Knn. nnn
1932
12
15
16
387
370
2400
$1, 333, 107
1929.
466 1, 922, 253
505 2, 036, 557
465 1- 947. 64(5
1933
1 800,000
1930.
1934.
3 840, 000
1931..
I Estimated.
» Nov. 1, 1934.
' Estimated, 10 months.
The following is a list of the member firms comprising the Chlo-
rine Control Apparatus Industry and Trade showing the member and
non-member firms of the Associated Manufacturers of Chlorine
Control Apparatus.
MEMBERS
The Pardee Engineering Company, Long Island City, N. Y.
The Paradon Company, Belleville, N. J.
The Industrial Appliance Corp., Belleville, N. J.
Wallace & Tiernan Products, Inc., Newark, N. J.
Wallace & Tiernan Co., Inc., Newark, N. J.
Wallace & Tiernan Sales Corp., Newark, N. J.
NON -MEMBERS
American Chlorinator Co., Chicago, Illinois.
Beaumont Apparatus Co., Philadelphia, Pa.
Chemical Equipment Corp., Los Angeles, Calif.
Everson Filter Co., Chicago, Illinois.
The Filchlor Company, Philadelphia, Pa.
International Filter Co., Chicago, Illinois.
Omega Machine Co., Kansas City, Mo.
Phipps and Bird, Inc., Richmond, Va.
C. W. Sirch, Los Angeles, Calif.
Western Chlorinator Co., Twin Falls, Idaho.
Wilson Sanitation, Inc., Buffalo, N. Y.
Builders Iron Foundiy, Providence, R. I.
As indicated by the foregoing list, the Associated Manufacturers
of Chlorine Control Apparatus, sponsors of the Code, represents only
thirty-three and one-third per cent (331^ %) of the member firms of
the Industry and Trade in numbers but reports approximately'
ninety -five per cent (95%) of the total estimated volume of business.
Since the President's Reemployment Agreement, this Industry and
Trade has been operating on a forty (40) hour week basis with a
minimum wage of forty (40) cents per hour, while prior to the Presi-
dent's Reemployment Agreement the work week consisted of forty-
eight (48) hours and the minimum wage was thirty (30) cents
per hour.
59
PROVISIONS or THE CODE
The provisions of the Code conform to those of the Basic Code
of Fair Competition, as provided in Administrative Order X-61,
dated July 10, 1934.
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 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 in-
dustry for the purpose of cooperative action among trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by this Board as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry and Trade; and that said association imposes no in-
equitable 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 the effective date
of said Code.
For these reasons, therefore, this Code has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
AdTThinistrative OJJicer,
December 18, 1934.
Exhibit "A"
BASIC CODE OF FAIR COMPETITION FOR THE CHLO-
RINE CONTROL APPARATUS INDUSTRY AND TRADE
Article I
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Basic
Code of Fair Competition which shall govern the Chlorine Control
Apparatus Industry and Trade which has applied therefor in ac-
cordance with Administrative Order No. X— 61, dated July 10, 1934.
Article II
The term " Chlorine Control Apparatus Industry and Trade "
means the contracting for the manufacture and/or the manufacture
and/or assembly for sale or lease and/or the distributing of equip-
ment to control the application of chlorine and chlorine compounds
for all purposes, including the field of Sanitation and Industry. It
includes (a) the installation and/or servicing of such equipment by
members of this industry and trade and (b) parts thereof and there-
for, for assembly in, the maintenance of, and/or the repair of the
products of this industry and trade.
It excludes the manufacture and/or sale, as such, of the said parts
when produced b}^ persons or employers not members of this indus-
try an dtrade when produced under the provision of any other Code
of Fair Competition.
The term " member of the industry /trade " as used herein in-
cludes, but without limitation, any individual, partnership, associa-
tion, corporation or other form of enterprise engaged in the indus-
try/trade, either as an employer or on his or its own behalf.
The term " employee " as used herein includes any and all persons
engaged in the industry/trade, however compensated, except a mem-
ber of the industry/trade.
The term " employer " as used herein includes anyone by whom
such employee is compensated or employed.
The terms " President " and "Act " as used herein mean respec-
tively the President of the United States, and Title I of the National
Industrial Recovery Act.
Article III
Section 1. Hours.
No employee shall be permitted to work in excess of forty (40)
hours in any one week, except that for any six (6) weeks in any
consecutive six (6) months period, any employee may be permitted
(60)
61
to work not more than forty-eight (48) hours per week. All hours
in excess of eight (8) per day or forty (40) per week shall be paid
for at not less than one and one-half (l^/^) times the employee's
regular rate.
Section 2. Exceptions.
The provisions of Section 1 shall not apply to :
(a) Executives and supervisory employees, secretarial assistants,
foremen, professional and scientific employees, who are hereby ex-
empted from limitations as to hours provided they receive regularly
thirty-five dollars ($35.00) or more per week;
(b) Traveling salesmen, who are hereby exempted from all limita-
tions as to hours;
(c) Watchmen, who may be permitted to work not in excess of
fifty-six (56) hours per week, but they shall not be permitted to work
more than six (6) days in any seven (7) ;
(d) Employees engaged in emergency maintenance and/or emer-
gency repair work involving break-down or the protection of life or
property provided, however, that employees so engaged shall be paid
at one and one half (li/4) times their normal rate for all hours
worked in excess of forty (40) hours per week.
Section 3. Minimiim Wages.
No employee shall be paid in any pay period less than at the rate
of forty (40) cents per hour, except as hereinafter otherwise
provided :
(a) Office boys and girls may be paid not less than at the rate of
eighty (80) per cent of the minimum wage, but the total number of
such office boys and girls employed in any one establishment at such
reduced rate may not exceed five (5) per cent of the total number of
office employees in such establishment except that each establishment
may have at least one (1) office boy or office girl.
Section 4. Wages in General.
All wages shall be adjusted 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 hoars of less than thirty (30) per cent.
Article IV
Section 1. Child Labor.
No person under sixteen years of age shall be employed in the
industry /trade in any capacity. No person under eighteen years
of age shall be employed at operations or occupations which are
hazardous in nature or dangerous to health. The Code Authority
shall submit to the National Industrial Recovery Board for approval
before February 1, 1935, a list of such operations or occupations. In
any Stat€ an employer shall be deemed to have complied with this
provision as to age if he shall have on file a valid certificate or per-
mit duly signed by the authority in such State empowered to issue
employment or age certificates or permits, showing that the employee
is of the required age.
Section 2. Apprentices.
The hours and wages of regularly indentured apprentices in
skilled trades or occupations of the industry /trade may depart from
62
the standards hereinabove prescribed ; provided that the terms of
employment and the course of instruction of such apprentices shall
conform to standards uniform throughout the industry /trade and
approved by the National Industrial Recovery Board.
Section 3. Handicapped Persons.
A person whose earning capacity is limited because of age, phys-
ical or mental handicap, or other infirmity, may be employed on
light work at a wage below the minimum established by this Code,
if the employer obtains from the State authority designated by the
United States Department of Labor, a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Such authority shall be guided by the in-
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, showing
the wages paid to, and the maximum hours of work for, such em-
ployee.
Section 4. Safety and Health.
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 National Industrial Recovery
Board for approval within three months after the effective dat€ of
this Code. The standards approved shall thereafter be a part of
this Code and enforceable as such.
Section 5. Required Labor Clauses.
The provisions of Section 7 (a) of said Act are hereby incorpo-
rated herein by this reference and shall be complied with.
Article V
To further effectuate the policies of the National Industrial Re-
covery Act, a Code Authority is hereby established to cooperate
with the National Industrial Recovery Board in the administration
of this Code. The Code Authority shall be constituted as follows,
and elected in a fair manner to be approved by the National In-
dustrial Recovery Board :
(a) The Code Authority shall be composed of five voting mem-
bers, four of whom shall be representatives from the Associated
Manufacturers of Chlorine Control Apparatus, and one shall be a
representative chosen by the other members of this industry/trade
who are not members of the Associated Manufacturers of Chlorine
Control Apparatus.
(b) The Secretary of the Associated Manufacturers of Chlorine
Control Apparatus shall serve as the Secretary of the Code Authority
without vote.
(c) There may be not more than three representatives of the
National Industrial Recovery Board, to be selected by it, who shall
serve without vote.
(d) Such Code Authority shall, with respect to this ir.dustry /trade,
have tlie same powers and duties and function in the manner pre-
scribed in Administrative Order X-G2 for the General N. R. A. Code
Authority and under such further rules and regulations as the
63
National Industrial Recovery Board may prescribe. The powers and
duties prescribed in Administrative Order X-62 are as follows :
1. To insure the execution of the Code and to provide for the
compliance of the industry/trade with the provisions of the Act.
2. To adopt by-laws and rules and regulations for its procedure.
3. To obtain from members of the industry /trade such information
and reports as are required for the administration of the Code.
In addition to information required to be submitted to the Code
Authority, members of the industry /trade subject to said Basic 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 designate; provided that nothing in the Code shall relieve any
member of the industry /trade of any existing obligations to furnish
reports to any Government agency. No individual report shall be
disclosed to any other member of the industry /trade or any other
party except to such other Government agencies as may be directed
by the National Industrial Recovery Board.
4. The General N. R. A. Code Authority shall submit to the Na-
tional Industrial Recovery Board within ninety (90) days after the
approval of this Basic Code a list of industries covered by the Basic
Code, in which work on any part of the product is performed in
the home and/or work is contracted out. The General N. R. A. Code
Authority may also submit a list of special problems affecting par-
ticular industries operating under the Basic Code, and recommenda-
tions pertaining thereto.
5. To make recommendations to the National Industrial Recovery
Board for the coordination of the Administration of the Code and
such other Codes, if any, as may be related to or affect members of
the industry /trade.
6. To recommend to the National Industrial Recovery Board any
action or measure deemed advisable, including further fair trade
practice provisions to govern members of the industry /trade in their
relations with each other or with other industries and/or trades;
measures for industrial planning, and stabilization of employment.
Artiole VI
Trade Practices. — A. It shall be an unfair method of competition
for any member of (his industry/trade subject hereto, to violate any
rule of fair trade practice for such industry /trade even if not
herein contained, when approved by the National Industrial Recov-
ery Board on application concurred in by seventy -five (75) per cent
of the members of such industry /trade.
Article VII
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.
64
Section 2. — Such of the provisions of this Code as are not re-
quired to be included herein by the Act may, with the approval of
the National Industrial Recovery Board, be modified or eliminated
in such manner as may be indicated by the needs of the public, by
changes in circumstances, or by experience. All the provisions of
this Code, unless so modified or eliminated, shall remain in effect
until June 16, 1935.
Article VIII
The following provisions are hereby prescribed in addition to the
foregoing:
(a) The minimum rates of pay provided for in Article III of this
Code shall apply irrespective of whether an employee is actually com-
pensated on a time rate, piecework, or other basis.
(b) Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
(c) No employer shall permit any employee to work for any time
which, when totaled with that already performed for another em-
ployer or employers, exceeds the maximum permitted herein.
(d) No employer shall reclassify employees or duties of occupa-
tions performed or engage in any other subterfuge so as to defeat the
purposes or provisions of the Act or of this Code.
(e) No employer shall dismiss or demote any employee for mak-
ing a complaint or giving evidence with respect to an alleged viola-
tion of the provisions of any Code of Fair Competition.
(f) The Code Authority selected in accordance with Article V of
this Code shall function at the expense of the industry/trade in ac-
cordance with such further rules and regulations as the National
Industrial Recovery Board may prescribe.
(g) No provision of 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, safety, health and
sanitary conditions, insurance, fire protection or general working
conditions, than are imposed by this Code.
(h) No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or dis-
criminate against small enterprises.
Approved Code No. 536.
Registry No. 1330-04.
o
Approved Code No. 537
CODE OF FAIR COMPETITION
FOR THE
BLUE PRINT AND PHOTO PRINT INDUSTRY
As Approved on December 18, 1934
ORDER
Appi{<)vix«i Code of Fair Competition for the Bia k I^rint and
Photo Print Industry
An application having' been duly made piu'suant to and in full
coniplianee with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1938, for ai)proval of a Code of
Fair Competition for the Blue Print and Photo Print Industr}-,
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 I T„ited
States, the National Industrial Recovery Board, ])ursuant 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 rejjort and does find that said Code com-
plies in all respects with the i)ertinent provisions and will j^romote
the policies and purjiosas of said title of said act ; and does hereby,
order that said Code of Fair Competition be and it is hereby
approved.
National Indlstrial Recovery Board.
By W. A. Harriman, Admimsfrafire O-ffirrr.
A j)i)roval recouunended :
Kii-BouRNE Johnston,
Acting Dirkhn Admhilsfrator.
Washington, D. C,
Deceniber J8, J9S4.
10:!Sf».r 1385-103 .'54 (65)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Code of Fair Competition for the
Bkie Print and Photo Print Industry, the hearing having been
conducted in Washington on October *5, 1934, in accordance with
the provisions of Title I of the National Industrial Recovery Act.
HOURS AND WAGES
The maximum hours are established in this Code as follows: All
employees, except outside salesmen and employees engaged in a
managerial capacity who receive thirty-five dollars ($35.00) per
week or more— forty (40) hours in any one week, or eight (8) hours
in any twenty-four (24) hour period. The maximum hour provi-
sions shall not apply to the following : Employees engaged in print-
ing processes wdio may work a total of one hundred and forty-
four (144) hours additional in any calendar year, but not in excess
of thirty-two (32) additional hours in any one month, but in any
such special case at least one and one-half (1%) 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 on emergency maintenance or emergency re-
pair work involving breakdowns or protection of life or property,
but in any such special case at least time and one-half shall be paid
for hours worked in excess of the maximum hour provisions. No
employer shall permit any employee to work for anj'^ time w^hich
when totaled with that already performed for another employer,
or employers, exceeds the maximum hour provisions.
The minimum wages are established in this Code as follows : All
employees, except messengers — fifteen dollars ($15.00) per week;
Messengers — twelve dollars ($12.00) per week. These minimum
rates of pay shall apply irrespective of whether an employee is
actually compensated on a time rate, piecew^ork, or other basis and
female employees performing substantially the same work as male
employees shall receive the same rate of pay as male employees.
Employees 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 establi.shod by this
Code if such employer shall obtain from the state authority desig-
nated by the United States Department of Labor a certificate author-
izing his employment at such wages and for such hours as shall
be stated in the certificate.
The employment of any person under sixteen (16) years of age
is prohibited with 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.
(66)
G7
OKX i:i!AI. ^ lA'n.-Vl KXT
Tliis Industry iiicliules the sei'Aice for others for coiiipoiisation
or hire of printing on sensitized paper or cloth by ineans of ])hoto-
graphic processes, known as l)hie jjrinting- and photo printing.
There are approximately 450 concerns in the Industry, which
number is a decrease of about 18 ])ercent since 1929. There is an
estimated number of 5.500 em})loyees aj^ainst an estimated 6.000
in 19'29, a decrease of about 8 percent. The estimated aggregate
invested caj^ital decreased from $14,000,000 in 1929 to an estimated
$10,000,000 in 1933. a decrease of about 28 percent. No r<diable data
is aAailable on the volume of sales.
riNDIXGS
The Assistant Deputy Administrator in his linal 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 Ctxie is well designed to promote the policies and pur-
pose's 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 diuiinish the amount thereof, and will pro-
vide for the general w^elfare by promoting the organization of Indus-
try for the purposes of cooperative action among the trade groups,
bjT' inducing and maintaining united action of labor and management
under adequate government sanctions and supervision, by eliminat-
ing unfair competitive practices, b}^ promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may ])e tem])orarily
rec|uired), by increasing the consumption of industrial antl agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, and improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said industry normally emploj^s not moi-e than 50,o00 em-
ployees; and is not classified as a major industry.
(c) The Code as approved complies in all respects Avith the perti-
nent proWsions of said Title of said Act, includijig without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section T and
Subsecton (b) of Section 10 thereof; and the applicant association is
an association truly representative of the aforesaid Indastry: and
said ass(X'iation imposes no inequitable restrictions on admission to
membership therein.
(d) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) The Code is not designed to and will not permit monopolies or
monopolistic practices.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to aijproval of said
Code.
For these reasons, this Code has been approved.
For the National Industrial Recovery Board:
W. A, Harkiman,
Admin istmtivc Officer,
Dfxembek 18, 1934.
CODE OF FAIR COMPETITION FOR THE BLUE PRINT
AND PHOTO PRINT INDUSTRY
Article I — Purposes
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
Blue Print and Photo Print Industrj-, and the provisions of this
Code shall be the standards of fair competition of such Industry
and shall be binding upon every member of the Industry.
Article II — Definitions
Section 1. The term "Blue Print and Photo Print Industry " as
used herein includes the service for others for compensation or hire
of printing on sensitized paper or cloth by means of photographic
processes, known as blue printing and photo printing, and such
related branches or subdivisions thereof as may from time to time
be included under the provisions of this Code. The provisions of
this Code shall not apply to any of the operations above mentioned
"when performed by a company for its own use and not for com-
pensation or hire, or by a company in the production, solicitation for
sale, sale, installation, repairing or servicing of products produced
by such company.
Section 2. The term " employee " as used herein includes any and
all persons engaged in the Industry, however compensated, except
a member of the Industry.
Section 3. The term " employer " as used herein includes anyone
by whom such employee is compensated or employed.
Section 4. The term " member of the Industry^ " as used herein
includes, but without limitation, any individual, partnership, associa-
tion, corporation, or other form of enterprise engaged in the Blue
Print and Photo Print Industry as above defined, either as an
employer or on his or its own behalf.
Section 5. The terms "President", "Act" and "The 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.
Section 6. The singular includes the plural, the plural includes
the singular, the masculine includes the feminine and neuter and the
neuter includes the masculine and feminine.
Article III — Hours
Section 1. No emi^loyee 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 outside salesmen and except employees
(68)
69
enga^'eil in a manajierial cai)ac'ity receiviiiij: thirty-five (l<)llars
($85.00) a week oi- moro, and except that an (inphtyee engaged in
j)]-inting processes may work a total of one liundred and forty-four
(144) hours additional in any calendar year but not in excess of
thirty-two (32) additional hours in any one month, provided, how-
ever, that all such additional hours shall be cojn])ensated at not less
than time and one-half. A normal work day shall not exceed eight
(8) hours.
Sectiox 2. The maxinnnn hours fixed in the foregoing section
shall not apply to any employees on emergency maintenance or
emergency repair work involving breakdowns or protection of life or
jjroperty, but in any such special case at least time and one-half
shall be paid for hours worked in excess of the nuvximum liours
therein provided.
Section 3. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
Section 4. No employer shall knowingly ]Dermit any employee to
woik for any time which, when added to the time spent at work for
anotner employer or employers in this Industry (or tythev industry),
e-"^ceeds the maxinnim permitted herein.
•Section 5. Any })ersoii who does any work commonly jjerformed
by an employee shall be subject to the provisions of this Code as to
hours of laboT.
Article IV — Wages
Section 1. No employee shall be paid in any pay period less than
at the rate of fifteen dollars ($15.00) per week, except messengers
Avho shall be j^aid at not less than twelve dollars ($12.00) per week.
Sfx'tion 2. This Article establishes mininnim rates of pay which
shall apply, irrespective of whether an employee is actually compen-
sated on a time rate, piecework, or other basis.
Section 3. No employer shall make any reduction in the full-time
weekly earnings of any employee whose normal full-time weekly
hours are reduced by twenty percent (20%), or less, below those
existing for the week ending June 17, 1933. When the normal full-
time Aveekly 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 (1/2) of the percentage of hour reduc-
tion above said percent. In no event shall hourly rates of pay be
reduced, irrespective of whether compensation is actually paid on an
hourly, Aveekly. or other basis, nor shall any wages be at less than the
minimum rates herein provided.
Within thirty (30) days of the effective date hereof (unless such
adjustment has been made theretofore), each employer shall adjust
the scliedules of wages of his employees in such an equitable manner
as will conform to the provisions hereinabove set forth and still pre-
serve wa^e differentials reasonably proportionate to those in effect
prior to tne effective date of this Code,
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 i^liysical or mental handicap or other infirmity may be em-
70
ployed on li<2;ht 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 emi^loyment 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 6. The employer shall make payment of all expense in-
curred by an employee in performance of his duties.
Section T. Standards as to the maximum hours of labor, minimum
rates of pay and such other conditions of employment as may be nec-
essary to effectuate the policies of Title I of the Act may be estab-
lished 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, hour and other
labor provisions of such agreements shall not be less favorable to
employees than the wage, hour and other labor provisions established
in this Code.
Section 8. All members of this Industry shall make payment of all
wages and salaries due in lawful currency or by negotiable check
therefor, pavable 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. Em-
ployers shall also provide such identification as is necessary to utilize
such facilities.
Wages shall be payable at the end of each weekly period and shall
be exempt from any payment or deduction for pensions, insurance, or
sick benefits other than those voluntarily paid or authorized to be
deducted by employees. Employers or their agents shall not accept,
directly or indirectly, rebates on such wages or give anything of value
nor extend any favors to any person for the purpose of influencing
rates of wages or working conditions of their employees.
Article V — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed in the Industry in any capacity. No person uncler eighteen
(18) years of age shall be employed in the Industry at operations
or occupations hazardous in nature or detrimental to health. In any
State any employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit, duly
signed by the Authority in such State empowered to issue eni-
ployment or age certificates or permits showing that the employee is
of the required age.
Section 2. Employees shall have the right to organize and bar-
gain collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection.
Section 3. No employee and no one seeking employment sliallbe
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.
71
Section 4. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
ap])roved or prescribed by the President.
SECTioisr 5. Every employer shall provide for the safetv^ and
health of 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 Board within six (6) months after the effective
date of this Code.
Section 6. No provision in this Code shall supersede any State
or Federal law •which imposes on emploj-ers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
Section 7. 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 8. All emploj^ers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. Every
member of the Industry shall comply with all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed b}' the Board.
Article VI — Organization, Powers and Duties of Code Authority
Section 1, During the period not to exceed sixty (60) days follow-
ing the effective date of this Code, the Code Committee of the Inter-
national Association of Blue Print and Allied Industries shall con-
stitute a temporary Code Authority. There shall be constituted
within the sixty (60) day period a Code Authority consisting of
six (6) members who shall be members of the Industry to be elected
as follows :
(a) The temporary Code Authority shall select a member or group
of members of the Industry with the duty of calling a meeting of the
members of the Industry, upon fifteen (15) days' notice sent by
registered mail to all members of the Industry, whose names may
be ascertained after diligent search. At such meeting the members
of the Industry shall nominate and elect six (6) members to be their
representatives on the Code Authority, the voting to be either in
person or by proxy or by letter ballot. Not more than four (4)
members so elected members of the Code Authority shall be members
of the International Association of Blue Print and Allied Indus-
tries. The members of the Code Authority first elected shall serve
till June 16, 1935. Thereafter members of the Code Authority shall
be elected for a term of one year 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.
(b) A vacancy occurring in the Code Authority shall be filled by
a member of the Industry who shall be elected to the vacancy by a
majority vote of the remaining members of the Code Authority,
consistent with the provisions of the preceding paragraph subject
to the approval of the Board.
72
Section '1. Tlic P^c^ard in its dijcrction may a}>p<)int not more than
three (3) members of the Code Authority, witlioiit vote, to serve for
such terms as it may prescribe.
Sectiox 8. Each trr.do or industrial association directly' or indi-
rectly part.ici})atinir in the selection or activities of the Cotle Au-
thority shall (1) impose no inequitable restrictions on jnembership.
and (2) submit to the Board true copies of its articles of associaticfU.
l)y-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Board may deem necessary to effectuate the
}niri)oses of the Act.
Sectiox 4. In order that the Code Authority sliali at all iimes be
truly representative of the Industry and in other respects com[)ly
Avith the provisions of the Act, the Board may prescribe such liear-
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. may require an apino-
priate modification of the Code Authorit3\
Section 5. Nothing contained in this Code shall constitute th(!
members of the Code Authority partners for an}' purpose. Xo)'
shall any member of the Code Authorit}' be liable in any manner to
anycme for any act of any other member, officer, agent, or employee
of the Code Authority. Xor shall any member of the Code Author-
ity exercising reasonable diligence in the conduct of his duties here-
under be liable to anyone for any action or omission to act under this
Code, except for his own wilful malfeasance or nonfeasance.
Section (3. Subject to such rules and regulations as may be issued
}iy 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 tlie provisions of this Code and to
provide for the compliance of the Industrv with the provisions of the
Act.
(b) To adopt by-laws 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 a confidential
and disinterested agent of the Code Authority, or, if none, then
with such an agent dasignated by the Board, members of the In-
dustry subject to this Code shall furnish such statistical information
as the Board maj' deem necessary for the purposes recited in Sec-
tion 8 (a) of the Act to such Federal and State agencies as it may
designate; provided that nothing in this Code shall relieve any mem-
ber of the Industry of any obligations to furnish reports to any
government agency. Xo individual report shall be disclosed to any
other member of the Industry or any other party except to such
other Governmental agencies as may be directed by the 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 shall relieve the Code Authority of its
duties or responsibilities inider tliis Code and that such trade asso-
ciations and agencies shall at all times be subject to and comply with
the jjrovisions hereof.
73
(e) To recommend to the Board, any action or measure deemed
advisable, including further fair trade practice provisions to govern
members of the Industry in their relations with each other or with
other industries; measures for industrial planning, and stabiliza-
tion of employment ; and including modifications of this Code which
shall become effective as part hereof uix)n approval by the Board
after such notice and hearing as it may specify.
(f) To appoint a Trade Practice Committee which shall meet
w^ith the Trade Practice Committees appointed under such other
codes as may be related to the Industry for the purpose of formulat-
ing fair trade practices to govern the relationships between employ-
ers under this Code and under such other codes to the end that such
fair trade practices may be proposed to the Board as amendments
to this Code and such other Codes.
(g) 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.
Section 7. The Code Authority may define trade areas, their sub-
divisions, and suburban areas and designate the boundaries thereof^
subject to the approval of the Board.
Section 8. In order to support the administration of this Code
and to maintain the standards of fair competition established here-
under 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 jDrovided 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 item-
ized 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 membei-s of the Industry ;
(c) After such budget and basis of contribution have been ap-
f»roved by the Board, to determine and obtain equitable contribution
as above set forth by all such membere of the Industry, and to that
end, if necessary, to institute legal proceedings therefor in its own
name.
Section 9. Each member of the Industry shall pay his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the 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 Xational Recovery Administration.
Section 10. The Code Authority shall neither iiacur 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
Board; and no subsequent budget shall contain any deficiency item
74
■for oxpeiulituiv,- in excess of prior budfrct estimates except those
which the Jioarcl shall have so ajjproved.
Section 11. If the Board shall at any time determine that any
action of a Code Authority, or any agency thei-eof , may be unfair or
unjust or contrary to the jHiblic interest, the Board may require that
such action be sus])ended 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 effec-
tive unless the Board ap})roves or unless it shall fail to disapprove
after thirty (30) days notice to it of intenti<m to ])roceed with such
action in its original or modified form.
Article VII — Trade Practice Rlles
RrLE 1. Xo member of the Industry shall publish advertising
(whether printed, radio, display, or of any other nature), Avhich 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 j^repara-
tion) or credit terms, values, policies, services, or the nature or form
of the business conducted.
Rule 2. Xo member of the Industry shall knowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.
Rule 3. Xo member of the Industry shall publish advertising
which refers inaccurately in any material j^articidar to any com-
petitors or their prices, values, credit terms, policies, or services.
Rule 4. Xo member of the Industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harrassing competitors or intimidating their
customers.
Rule 5. Xo member of the Industry shall secretly offer or make
any payment or alloAvance of a rebate, refund, connnission, credit,
unearned discount or excess allowance, whether in the form of
money or otherwise, nor shall a member of the Industry secreth^
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 6. Xo member of the Industry shall give, permit U) 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 em-
ployee the principal of such agent or the represented party, with-
out the knowledge of such employer, principal or party. This pro-
vision shall not be construed to prohibit free and general distribution
of articles commonly used for advertising except so far as such
articles are actuall}- used for commercial bribery as hereinabove
defined.
Rule. 7. Xo member of the Industry shall wilfully induce or at-
tempt to induce the breach of existing contracts between competitors
and their customers by any false or deceptive means, or interfere
with or obstruct the performance of any such contractual duties or
serHces by any siicli means, with the purpose and effect of hamper-
ing', injuring', or embarrassing competitors in their business. This
shall not be construed to apply to labor contracts.
EuLE 8. No member of the Industry shall accept the return for
partial or full credit of any blueprint, photo print, or other products
previously delivered for any reason other than the unsatisfactory
nature of said product.
Rule 9. No member of the Industry shall use any subterfuge
to frustrate the spirit and intent of this Code.
Aeticle VIII — Open Price Agreement
Section 1. Each member of the Industry shall file with a con-
fidential and disinterested agent of the Code Authority or, if none,
then with such an agent designated by the Board, identified lists of
all his prices, discounts, rebates, allowances, and all other terms or
conditions of sale, hereinafter in this Article referred to as " price
terms ", which lists shall 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 oifered for sale by said member and for
such nonstandard products of said member as shall be designated
by the Code Authority. Said price list 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 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 of such
receipt. Such lists and revisions or any part thereof shall not be
made available to any person until released to all members of the
Industry and their customers, as aforesaid; provided, that prices
filed in the first instance shall not be released until the expiration of
the aforesaid ten (10) day period after the approval of this Code.
The Code Authority shall maintain a permanent file of all price
terms filed as herein provided, and shall not destroy any part of
such records except upon written consent of the Board. Upon re-
ques-t the Code Authority shall furnish to the Board or any duly
designated agent of the Board copies of any such lists or provisions
of price terms. Such price lists and/or any revised price list shall
be made available to all interested parties.
Section 2. When any member of the Industry has filed any re-
vision, such member shall not file a higher price within forty-eight
hours.
Section 3. No member of the Industry shall sell or offer to sell
any product/services of the Industry, for which price terms have
been filed pursuant to the provisions of this Article, except in accord-
ance with such price terms.
Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the industiy
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.
76
Section 5. The standards of fair competition for the industry with
reference to pricin<j practices are declared to be as foHows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any memljer of the industry or of
any other industry or the customers of either may at any tinie com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within 5 days afford
an ojiportunity to the member filing the price to answer such com-
plaint and shall within 14 days make a ruling or adjustment thereon.
If such ruling is not concurred in by either party to the complaint,
all papers shall be referred to the Research and Planning Division
of N. K. A. which shall render a report and leconnnendation thereon
to the Board.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of Section 6
hereof, is forbidden.
Section 6. — (a) If the Board after investigation shall at any time
find both (1) that an emergency has arisen within the industry ad-
versely affecting small enterprises or wages or labor conditions, or
tending toward monopoly or other acute conditions which tend to de-
feat the purposes of the Act; and (2) that the determination of the
."-Jtat^d 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
reconnnend to the Board a determination of the stated minimum
price of the product affected by the emergency and thereupon the
Board may proceed to determine such stated minimum price.
(b) When the Board shall have determined such stated minimum
price for a specified product for a stated period wdiich price shall
be reasonably calculated to mitigate the conditions of such emer-
gency and to effectuate the purposes of the National Industrial Re-
covery Act. it shall publish 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 minimiun price
and an.y such sale shall be deemed destructive price cutting. From
time to time, the Code Authority nuiy recommend review or recon-
sideration or the Board may cause any determinations hereunder to
be reviewed or reconsidered and appropriate action taken.
Section 7. The Code Authority shall cause to be formulated meth-
ods of cost finding and accounting capable of use by all members
of the Industry, and shall submit such methods to the National
Industrial Recovery Board for review. If approved by the 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
T7
Authority, any agent thereof, or any nieriiber of the Industry to
suggest uniform additions, percentages, or differentials, or other uni-
form items of costs which are designed to bring about arbitrary
uniformity of costs or prices.
Article IX — Modification
Section 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regula-
tion issued under Title I of said Act.
Section 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Board
and such notice and hearing as it shall specify, and to become
effective on approval.
Article X — Monopolies
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Article XI — Price Increases
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be delayed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
Article XII — Effective Date
This Code shall become effective on the second Monday after its
approval by the National Industrial Kecovery Board,
Approved Code No. 537,
Registry No. 1604-02.
o
Approved Code No. 538
CODE OF FAIR COMPETITION
FOR THE
WOMEN'S NECKWEAR AND SCARF
MANUFACTURING INDUSTRY
As Approved on December 19, 1934
ORDER
Code of Fair Competition for the Women's Neckwear and Scarf
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 Women's Neckwear and Scarf Manufac-
turing Industry, and hearing having been duly held thereon and the
annexed report on said Code, containing findings with respect there-
to, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, 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 Code complies in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act; does hereby order that said Code of Fair Competition be
and it is hereby approved subject to the following conditions that :
1. The Code shall not be applicable to dress manufacturers who
manufacture women's neckwear as described in the Code Article I,
Section 1, for use in conjunction with dresses manufactured by them,
provided that such neclrwear is manufactured in the same shop in
which the dre&ses are made.
2. That portion of Article VII providing maximum cash discounts
of 3/10 E. O. M., to the cutting up trade is hereby stayed for a period
of thirty (30) days after the effective date of this Code or until such
time within such period of thirty (30) days as another plan is
adopted.
3. Minimum classified wages as prescribed in Article III, Section
3 as to the Central and Western areas are hereby stayed for a period
of thirty (30) days after the effective date of the code, during which
time a study is to be conducted by a commission established by the
103976° 1385-118 34 (79)
80
National Industrial Recovery Board for the purpose of recommend-
ing to the National Industrial Recovery Board what classified wage
differential should become effective in the General and Western
areas; provided that during such stay members of the Industry
located in the Central and AVestern areas shall pay not less than a
classified Avage on such operations as provided in Article III, Section
3 which classified wage shall be not more than 25% below the mini-
mum classified wages for substantially the same operations as pro-
vided for the Eastern area in Article III, Section 3.
National Industrial Recovery Board,
By W. A. Harriman, Admimstrative Officer.
Approval recommended :
Prentiss L, Coon ley.
Acting Division Adimnistrator.
Washington, D. C,
Deceniber 19, 1934-
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: A public hearing on a Code of Fair Competition for the
Women's Neckwear and Scarf Manufacturing Industry, as proposed
by the National Women's Neckwear and Scarf Association, represent-
ing approximately 73 per cent of the volume of the industry, was
conducted on February 3, 1934, in the South Lounge of the Ambas-
sador Hotel, Washington, D. C. Every person who requested an
appearance was fairly heard in accordance with regulations of the
National Recovery Administration.
DESCRIPTION OF THE INDUSTRY
The Industry as defined in the Code includes the manufacture and
sale by the manufacturer, contractor or jobber of misses', women's
and children's neckwear, toppers, scarfs, rufflings, vestees, guimpes
and gilets. The articles enumerated in the definition of the Code
when made in Dress factories and used in connection with garments
manufactured in such factories, are exempted from the provisions
of this Code.
Almost the entire Industry is situated in New York City and its
environs. Of the estimated 110 firms listed in 1933 it was stated at
the public hearing that 84 were members of the National Women's
Neckwear and Scarf Association. The yearly sales of the Associa-
tion members of this Industry amounted to approximately $16,000,-
000 in 1933 and for the entire Industr}^ in the same year the sales
were approximately $20,000,000 on a total invested capital of $7,000,-
000. It is estimated that the sales for the entire Industry of the year
of 1934 will approximate $25,000,000.
The products manufactured are strictly styled items and the de-
mand may be extremely variable. Factory equipment is applicable
in the main to this Industry only, and cannot readily be devoted to
manufacturing other items. However, the sales volume and capital
investment between 1929 and 1933 compares very favorably. There
has been an increase in employment in the Industry of approximately
11 per cent from 1929 to 1933, the present estimated employment
being approximately 4,000.
RESUME or THE CODE
Article I defines the Industry and defines other terms used in the
Code. Article II contains maximum hour provisions for emploj^ees
and restricts the number of shifts of employees to one per day. Arti-
cle III establishes the minimum wage for employees in the Industry.
Article IV provides general labor provisions. Article V provides
for the organization of the Code Authority and defines its powers
(81)
82
and contains a mandatory provision for assessment of members of the
Industry to provide for Code Authority expenses. Article VI pro-
vides that a label indicating compliance with the Code must be at-
tached to all articles manufactured and sold. Article VII defines
trade practices to which all members of the Industry must comply.
Article VIII states that the Code shall not permit monopolies. Arti-
cle IX provides for the modification of the Code in accordance with
Subsection (b) of Section 10 of the National Industrial Recovery
Act. Article X explains that the policy of the Act is to increase real
purchasing power and to hold price increases down to the actual ad-
ditional increases in the seller's cost. Article XI provides that the
effective date of the Code is to be the third Monday after its approval.
LABOR
The Industry in the New York area is almost completely unionized
and is at the present time operating under an agreement between the
National Women's Neckwear and Scarf Association, the Interna-
tional Ladies' Garment Workers Union and the Ladies' Neckwear
Workers Union of Greater New York, Local No. 142, entered into
October 8, 1933, to December 1, 1934. The wage and hour provi-
sions set forth in the Code are in accordance with this agreement.
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;
The National Industrial Recovery Board finds that :
(a) The Code is well designed to promote the policies and purposes
of Title I of the National Recovery Act, including removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action among the trade groups, by inducing
and maintaining united action of labor and management under ade-
quate govermnental sanctions and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agi^icultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) Said Industry normally employs less than 50,000 employees;
and is not classified by the National Industrial Recovery Board as a
major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 there»^; 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.
83
(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 the Code has been approved.
For the National Industrial Recovery Board:
W. A. Harriman,
Administrative Officer.
December 19, 1934.
CODE OF FAIR COMPETITION FOR THE WOMEN'S
NECKWEAR AND SCARF MANUFACTURING INDUS-
TRY
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 Women's Neckwear and Scarf Manufac-
turing Industry and shall be the standard of Fair Competition for
this Industry and shall be binding upon every member thereof.
Article I — Definitions
1. The term " Industry "'as used herein includes the m.anufacture
and sale by the manufacturer, contractor or jobber of misses',
women's and children's neckwear, toppers, scarfs, rufflings, ruchings
and backless vestees, also vestees, guimpes and gilets when manu-
factured without sleeves and with backs (joined at sides) only of
plain net, organdie, voile or chiffon, or with backs of any material
but with open sides, usually to be w^orn with a jacket or coat.
2. The term " employee " as used herein includes anj^one engaged
in the industry in any capacity receiving compensation for his serv-
ices irrespective of the nature or method of payment of such com-
pensation, except a member of the industry.
3. The term " employer " as used herein includes anyone by whom
any such employee is compensated or employed.
4. The term " member of the industry " includes anyone engaged
in the industry as above defined either as an employer or on his own
behalf.
5. The term " contractor " as used herein includes all those who
manufacture articles subject to the provisions of this Code from
materials provided for them by a manufacturer, contractor, jobber,
wholesaler, retailer or others.
6. The term " manual or mechanical processes " as used herein,
includes the cutting, machine operating, hand sewing, pressing,
basting, examining, sample making, finishing, drajDing, pinning,
busheling, grading, or any other hand or machine operation upon
ga-rments in any factory in the Industry.
7. The terms "President", "Act", and the "National Industrial
Recovery Board " as used herein shall mean respectively, the Presi-
dent of the United States, Title I of the National Industrial Re-
covery Act, and the National Industrial Recovery Board for Indus-
trial Recovery.
8. The term " jobber " as used herein, includes all those for whom
and/or under whose directions or orders, articles subject to the pro-
visions of this Code are manufactured in whole or in part by con-
tractors and/or other manufacturers, and who act as distributors
thereof.
(S4)
85
9. The term " manufacturer " includes all those members of the
Industry who manufacture products of this Industry as defined in
Article I, Section 1 hereof for sale by themselves.
10. (a) The term "eastern area" as used herein shall include
all States east of Wisconsin, Illinois, Missouri, Arkansas and
Louisiana.
(b) The term "central area" as used herein shall include all
States east of Montana, Wyoming, Colorado, New Mexico, except
those included in the eastern area.
(c) The term " western area " as used herein shall include all the
States 01 the United States, except those included in the eastern
and central areas.
Article II — Hours of Labor
Section 1. No employee shall be permitted to work in the manual
or mechanical processes of manufacture in excess of thirty-seven and
one-half (37i/^) hours in any one week, or seven and one-half (7%)
hours in any one day. or in excess of five (5) days in any one week,
excepting as hereinaiter provided.
All work performed by such employees shall be performed during
the first five working days of each calendar week, Monday to Friday,
inclusive, except that such employees may be permitted to work
Saturdays in either of the following cases : (1) When such employees
do not work on one of the first five working days of any calendar
week due to the observance of a holiday, and (2) when such em-
ployees are working overtime, in accordance with the provisions of
Section 2 of this Article.
Section 2. (a) Members of the industry may be permitted to work
their employees overtime provided that such overtime shall not ex-
ceed five (5) hours in any one week, nor ten (10) weeks in each of
the spring and fall seasons, and provided further that such overtime
shall be paid for at not less than the rate of time and one-half,
except that overtime for employees engaged in other than manual or
mechanical processes of manufacture may be paid for at the regular
hourly rate. Such overtime may be on Saturday.
(b) The Code Authority, subject to approval by the National In-
dustrial Recovery Board, shall have the right to designate the begin-
ning and end of each of the spring and fall seasons, and shall also
have the right, to extend the number of weeks for overtime upon
proper data showing the need for an extension of such overtime.
(c) Any designation of tl^e various seasons which the Code Au-
thority may make pursuant to the foregoing section may be different
for different branches of the Industry.
(d) Each member of the Industry shall report monthly to the
Code Authority, all overtime worked by such employees.
(e) Each member of the Industry shall give at least twenty-four
(24) hours notice to the Code Authority of intention to work em-
ployees overtime.
Section 3. No more than one shift of employees shall be allowed
in any one (1) day.
Section 4. Employees other than those engaged in the manual or
mechanical processes of manufacture, except as provided in Sec-
103976° 1385-118 34 2
86
tion 5 of this Article, shall not be permitted to -work in excess of
forty (40) hours in any one week, nor eight (8) hours in any one
day, nor in excess of six days in any seven-day period, except as
otherwise provided herein for overtime work.
Section 5. The maximum hour provisions contained herein shall
not apply to employees engaged in an executive, managerial or super-
visory capacity, who are not directly engaged in productive work and
who regularly receive not less than thirty-five dollars ($35.00) per
week, nor to outside salesmen.
Section 6. No employer shall Imowingly permit any employee to
work for any time which when totaled with that already performed
with another employer or employers, exceeds the maximum permitted
herein.
Section 7. The Code Authority may with the approval of the Na-
tional Industrial Recovery Board determine the hour of each work-
ing day before which work shall not begin and the hour during each
working day after which work shall cease. Such regulations may be
different for different localities.
Article III — Wages
Section 1. This Article establishes minimum rates of pay which
shall apply irrespective of whether an employee is actually compen-
sated on a time rate, piece rate, or other basis.
Section 2. No employee shall be paid at less than the rate of four-
teen ($14) dollars per week.
Section 3. Employees performing duties of the occupations enu-
merated in the following schedule shall be paid not less than the
following weekly and hourly rates :
(a) Eastern Area:
Cutters $40.00 per week
Operators . 60 per hour
Ironers .—. -47% per hour
(b) Central Area :
Cutters 35. 00 per week
Operators . 53 per hour
Ironers .42 per hour
(c) Western Area :
Cutters 34. 00 per week
Operators . 51 per hour
Ironers .40 per hour
Any member of the Industry shall ^e deemed to have complied
with the provisions of this Section if eighty percent (80%) of the
employees employed by such employer in each of the above crafts
receive at least the minimum wage required in the foregoing sched-
ule. HoAvever, in no event shall the total number of learners, super-
annuated or i^hysically or mentally handicapped workers, and em-
ployees receiving less than the minimum required by tbe provisions
of this section, exceed in number 20% of the total number of em-
ployees of any one employer engaged in the above crafts.
A list of such workers receiving less than the minimum as hereto-
fore provided, including their names, addresses and respective occu-
87
pations shall be forwarded monthly by each member to the Code
Authority.
Section- 4. Home-Work. — (a) A person may be permitted to en-
gage in home-work 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 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 Def)artment 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 attendance on a person who is bedridden
or an invalid and both such persons are free from any contagious
disease.
(b) Any employer engaging such a person shall keep such certifi-
cate on file and shall file with the Code Authority for the trade or
industry or subdivision thereof concerned, the name and address of
each worker as certificated.
(c) In addition to persons who may be permitted to do home-work
as hereinbefore set forth, home-work may be given out by a member
of the Industry to the workers not included under Sub-Section (a)
of Section 4 of this Article, only if subsequent to the effective date
of the Code, at least one-half of the total number of articles of each
types are produced in a factory maintained by, or operated for said
member. Kates of pay for all type shall be established in the inside
factory.
(d) No member of the Industry shall give out home-work, unless
the rates of pay, paid for such home-work, shall be not less than the
rates of pay paid for such work in a factory maintained or operated
by or for such member of the Industry.
(e) No home-work shall be given out b}' any member of the In-
dustry to any worker, unless simultaneously therewith the names
and addresses of the home-workers who receive the work and the
workers engaged in the actual performance of the work are regis-
tered with the Code Authority, and unless an exact record of the
work performed by and the i^rices paid to such home-workers are
kept by the manufacturer. The Code Authority shall have the right
to examine all such records. Within thirty (30) days after the
effective date of this Code, the Code Authority shall appoint a
committee, to consist of an equal number of representatives of em-
ployers and employees, to investigate the home-work problem.
Within sixty (60) days thereafter the committee shall report its
findings and make such recommendations as will enable the Code
Authority to control home-work to safeguard the labor standards
provided for under this Code.
(f) The Code Authority shall within ninety (90) days after the
effective date of this Code, adopt rules and regulations for the pro-
visions of this Section and may from time to time amend same.
Such rules and regulations and amendments thereto shall be subject
to the approval of the National Industrial Kecovery Board.
88
Section 5. Learners. — (a) Learners in manual and meclianical
processes may be paid less than the minimum wage scales provided
for in Section 3 of Article III, but not less than at the rate of the
basic minimum wage of fourteen dollars $(14.00) provided for in
Section 2 of Article III.
(b) If the operation to which any learner is engaged has a piece-
work rate, established in the factory in Avhich such learner, is em-
ployed, and the earnings of such learner, when computed on a piece-
work basis, are more than fourteen dollars ($14.00) per week, such
learner shall be paid on a piece-work basis.
(c) The learning period shall be strictly limited to six (6) weeks,
and in no case shall the total number of learners in the employ of
any one emi^loyer be greater than ten per cent (10% ) of the total em-
ployees of such employer. Any time worked by a learner shall be
deemed a part of such learning period, whether such time is worked
continuously or in more than one shop, or for more than one
employer.
Section 6. 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 wage scale
provided for in Article III, 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 such 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 7. In no case shall wages be reduced below the levels ex-
isting two weeks prior to the date of approval of the code. All
adjustments of wage rates made in accordance with this provision
shall be reported to the Code Authority within thirty (30) days
of the effective date of this code. The Code Authority shall have
the right to investigate and adjust complaints arising under this
provision; adjustments by the Code Authority shall be subject to
review by the National Industrial Recovery Board.
Section 8. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
Article IV — General Labor Provisions
Section 1. No person under sixteen (16) years of age shall be
employed 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 National Indus-
trial Recovery Board before the expiration of sixty (60) days after
the effective date of this Code a list of such occupations. In any
state an employer shall be deemed to have complied with this pro-
vision if he shall have on file a certificate or permit duly issued by
the Authority in said State empowered to issue employment or age
certificates or permits showing such employee is of the required age.
Section 2. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
89
be free from 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 mutual aid or protection.
Section 3. No employee and no one seeking employment shall be
required as a condition of employment to join any company union or
refrain from joining or organizing or assisting a labor organization
of his own choosing; and
Sectiox 4. Employers shall comply with the maximum hours of
labor, minimum rates of paj^ and other conditions of employment
ajDproved or prescribed by the President.
Section 5. No provision in this code shall supersede any state or
federal law which imposes on employers more stringent requirements
as to age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance or fire protec-
tion, than are imposed by this code.
Section 6. Emplo^^ers shall not reclassify employees or change the
occupations performed by employees or engage in any subterfuge so
as to defeat the purposes of the Act or of this Code.
Section 7. Each member of the Industry shall be furnished by
the Code Authority with official copies of the provisions of this Code
relating to hours of labor, rates of pay, and other conditions of
employment. Such official copies of such provisions shall contain
directions for filing complaints of violations of such provisions, and
shall be conspicuously posted at all times by such members of the
Industry in each shop, establishment, or unit, to the extent necessary
to make them freely accessible to all employees. Whenever an}^ modi-
fication of, or exemption, or exception from this Code permits any
member of the Industry to pay lower wages or work his employees
longer hours, or establish conditions of employment less favorable to
his employees than those prescribed by the provisions of this Code,
the Code Authority shall furnish such member with certified copies of
such modifications, exemption, or exceptions in sufficient number and
such member shall post same along side of such official copies of Code
provisions. Ever;/ member of the Industry shall comply with all
rules and regulations relative to the posting of provisions of codes of
fair competition which may from time to time be prescribed b}^ the
National Industrial Eecovery Board.
Section 8. 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 National Industrial Recovery Board within three
months after the effective date of the Code.
Article V — Organization, Poa\t:rs and Duties of Code
AuTHORITT
organization and CONSTITUTION
Section 1. A Code Authority is hereby established consisting of
thirteen (13) representatives to be selected in the following manner:
(a) Thirteen (13) representatives of the Industry shall be chosen
as follows:
90
1. Eight (8) members shall be selected by the Women's Neckwear
and Scarf Manufacturers Association.
2. One (1) member shall be selected by members of the Industry
in the Eastern area, "who are not members of the above-mentioned
Association; one (1) member shall be elected by members of the
Industry located in the Central area; and one (1) member shall be
elected by members of the Industry located in the Western area.
(b) Two (2) representatives of the employees in the Industry who
shall be appointed by the National Industrial Recovery Board upon
the nomination of the Labor Advisory Board, of the National
Recovery Administration.
(c) Upon recommendation of the Code Authority, the National
Industrial Recovery Board may increase the number of Industry
members to provide for the representation of such further groups
as it may deem necessary.
Section 2. In addition to the membership as above provided,
there may be from one to three members, without vote, to be known
as Administration Members, to be appointed by the National
Industrial Recovery Board for such terms as it may specify.
Section 3. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall (1) impose no inequitable restriction on membership, and
(2) submit to the National Industrial Recovery Board true copies
of its Articles of Association, By-Laws, regulations, and any amend-
ment when made thereto, together with such other information as
to membership, organization and activities as the National Indus-
trial Recovery Board may deem necessary to effectuate the pur-
poses of the Act.
Section 4. In order that the Code Authority shall at all times
be truly representative of the Industry and in other respects com-
ply with the provisions of the Act, the National Industrial Recov-
ery 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 provi-
sions of the Act, may require an appropriate modification in the
method of selection of the Code Authority.
Section 5. Nothing contained in this Code shall constitute mem-
bers of the Code Authority as partners for any purpose nor shall
any members of the Industry be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority, exer-
cising reasonable diligence in the conduct of 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 6. 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 investiga-
tion of the merits of such action and further consideration by such
Code Authority or agency pending final action which shall not be
effective unless the National Industrial Recovery Board approves
91
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.
POWERS AND DUTIES
Section 7. Subject to such rules and regulations as may be issued
by the National Industrial Recovery Boarcl, 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 pro-
cedure.
(c) To obtain from members of the Industry such information
and reports as may be required by the National Industrial Recovery
Board for the administration of the Code. In addition to informa-
tion required to be submitted to the Code Authority, members of the
Industry subject to this Code shall furnish such statistical informa-
tion 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 nothing in this
Code shall relieve any member of the Industry of any existing obli-
gations to furnish reports to any government agencies. All indi-
vidual reports submitted by members of the Industry as herein pro-
vided eitlier to the Code Authority or any of its agencies or to
agencies of the Government, shall be treated as confidential, and shall
not be disclosed to any other member of the Industry or any other
party except such confidential employees of the Code Authority who
are designated to receive such reports and such other governmental
agencies as may be directed by the National Industrial Recovery
Board.
(d) To use such trade associations and other agencies it deems
proper for the carrying out of any of its functions provided therein,
provided that nothing herein shall relieve the Code Authority of its
duties and responsibilities under this Code and that such trade asso-
ciations and agencies shall at all times be subject to and comply with
the provisions hereof.
(e) To make recommendations to the National Industrial Re-
covery Board for the coordination of the administration of this Code
with such other codes, if any, as may be related to or effect members
of the Industry.
(f ) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established hereunder and to effectuate the policies 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
92
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 mem-
bers of the Industr3% 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 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 contributions)
shall be entitled to participate in the selection of the members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recover}^ Administration.
The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in the approved budget except upon approval of the Na-
tional Industrial Recovery Board; and no subsequent budget shall
contain any deficiency item or expenditures in excess of prior budget
estimates except those which the National Industrial Recovery Board
shall haA^e so approved.
(g) To recommend to the National Industrial Recovery Board any
action or measure deemed advisable, including further fair trade
practice provisions to govern members of the Industry in their rela-
tions with each other or with other industries ; measures of industrial
planning, and stabilization of employment; and including modifica-
tions 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 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 relationship between employers under
this Code and 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 and such other codes.
(i) To provide appropriate facilities for arbitration and, subject
to the approval of the National Industrial Recovery Board, to pre-
scribe rules of procedure and rules to effect compliance with awards
and determinations.
( j ) 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
93
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 members of the
Industry to suggest uniform additions, percentage or differentials or
other unifonn items of cost which are designed to bring about
arbitrary uniformity of costs or prices.
Aeticle VI — Labels
Section 1. In accordance with the provisions of this Article, all
products made in the Industry, as defined in Article I, Section 1,
shall bear an NEA label to symbolize to purchasers of said products
the conditions under which they were manufactured. The Code
Authority shall have the exclusive power in the Women's Neckwear
and Scarf Manufacturing Industry, or subdivisions thereof, to issue
and furnish such labels to the members thereof.
The Code Authority, subject to the approval of the National In-
dustrial Recovery Board and in accordance with its regulations on
the use of such labels, shall establish rules and regulations for the
issuance of such labels and for the inspection, examination and
supervision of the practices of members of the Industry using such
labels.
Section 2. All forms used and rules and regulations issued in con-
nection with this Article for obtaining information from members of
the Industry shall be subject to the approval of the National Indus-
trial Recovery Board.
Section 3. The Code Authority, subject to the approval of the
National Industrial Recovery Board, shall prescribe the method by
which said labels shall be attached to products of the Industry, to
the end that such labels shall remain identified therewith when such
product or products are sold, shipped or distributed by any member
of the Industry.
Section 4. Upon application to the Code Authority labels shall
be issued to all members of the Industry subject to the Code, so long
as they are complying with all provisions of the Code and of the
Act and with all rules and regulations duly adopted pursuant thereto.
The application for the use of labels shall be accompanied by a
certificate of compliance with this Code substantially in the form
prescribed by the National Industrial Recovery Board.
Section 5. Whenever the Code Authority shall have cause to
believe that anyone subject to the Code has violated any provision
of the Code or of the Act, or of any rule or regulation duly adopted
pursuant thereto, it shall give due notice of the charge against him
and shall afford adequate opportunity to be heard. A substantial
record of all hearings shall be made. If, after such hearings, in the
judgment of the Code Authority, there is sufficient evidence of viola-
tion to justify such action, the Code Authority may suspend the
issuance of labels to such person or firm. Immediately, and in no
case later than the day following the suspension of the issuance
of labels, the Code Authority shall file a summary of the record of
the hearing with such recommendations as it may deem proper,
94
with the National Recovery Administration Compliance Division,
or such branch thereof as it may designate. The National Recovery
Administration Compliance Division, or designated branch thereof,
shall have the power, upon the record or after further hearing, to
withhold the issuance of labels, to withdraw the right to use labels,
to affirm, suspend or modify the action of the Code Authority, or to
take such other appropriate action as it may deem necessary. In
such conferences or hearings as may be held by the National Recov-
ery Administration Compliance Division or designated branch
thereof, the Code Authority shall be given an opportunity to
participate.
Section 6. The Code Authority shall not give, or authorize to be
given, any publicity in case of alleged violations until an adjust-
ment has been eifected, or until the National Recoverj?^ Administra-
tion Compliance Division or designated branch thereof, shall have
acted upon the case.
Section 7. The charge for labels by the Code Authority shall at
all times be subject to the supervision and orders of the National
Industrial Recovery Board and shall not be more than the amount
necessary to cover the actual reasonable cost thereof, including
actual printing, distribution and administration and supervision of
the use thereof.
Section 8. This Article sliall not become effective until such
time as the Code Authority, by resolution, shall declare an effective
date for this Article ; such date shall in no event be less than fifteen
(15) days after the publication of such resolution by the Code
Authority.
Article VII — TrxVde Practices
The following practices constitute unfair methods of competition
by members of the Industry and are prohibited :
Section 1. No member of the Industry shall sell merchandise at
a cash discount in excess of 8/10 E. O. M. to the retail trade and 3/10
E. O. M. to the cutting up trade.
No extra dating shall be allowed except that merchandise shipped
after the twenty-fifth of the month may be billed as of the first of
the following month.
Section 2. No member of the Industry shall sell merchandise on
consignment or on memorandum, except under conditions to be
defined by the Code Authority where the particular circumstances of
the Industry require the practice, and such exceptions shall be subject
to approval of the National Industrial Recovery Board.
Section 3. No member of the Industry shall accept for credit
returned merchandise except for defects in material and/or manu-
facture, delay in delivery, errors in shipment or failure to conform
to specifications. No returned merchandise shall be accepted for
credit if returned after t^n (10) days from date of receipt by cus-
tomer, except for failure to conform with specifications or on account
of defects in material and/or manufacture not discoverable by reason-
able inspection. Notice shall be given to the Code Authority of any
returned merchandise accepted by a member of the Industry after
ten (10) days from the date of the receipt thereof by the customer.
95
Section 4. Members of the Industry may permit anticipation of
bills but in no event shall such anticipation be at a higher rate than
6% per annum.
Section 5. No member of the Trade 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 Trade secretly offer or ex-
tend 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 pay transportation
charges or make allowance for delivery charges other than f, o. b.
city of origin; members of the Industry shall charge additional de-
livery charges from the city of origin to the point from which the
goods are shipped to the customer. The delivery of merchandise by
salesmen while traveling on their respective routes is prohibited.
Section 7. No member of the Industry shall directly or indirectly
pay for the advertising expenses of its customers, prospective cus-
tomers or their agents.
Section 8. No member of the Industry shall consent to a repudia-
tion of a contract and/or accept the cancellation of an order entered
into in good faith, when the consent to such repudiation is for the
purpose of giving such members unfair advantage or advantages
over other m.embers of the Industry.
Section 9. No member of the Industry shall defame com.petitors
by falsely imputing to them dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by the false dispar-
agement of the grade or quality of their goods.
Section 10. No member of the Industry shall give, permit to be
given, or directly offer to give anything of value for the purpose of
influencing or rewarding the action of any employee, agent, or rep-
resentative of another member of the Industry in relation to the busi-
ness of the employer of such employee, the principal of such agent
or the represented party, without the knowledge of such emploj^er,
principal or party. This provision shall not be construed to pro-
hibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
Section 11. No member of the Industry shall maliciously induce
breach of contract between any competitor and his employees en-
gaged in executive or supervisory capacities with the intention of
handicapping or embarrassing the competitor in the handling or
conducting of his business.
Section 12. No member of the Industry shall wilfully withhold
from or insert in any quotation, statement of account or invoice any
statement that makes it inaccurate in any material particular.
Article VIII — Monopolies
This Code shall not be construed or applied to promote or permit
monopolies or monopolistic practices or to eliminate or oppress small
enterprises or to discriminate against them.
96
Article IX — Modification
Section 1. This Code and all 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 National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
Act and specifically, but without limitation, to the right of the Presi-
dent 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 Na-
tional Industrial Recovery Board, and such notice and hearing as
it shall specify, and to become effective on approval of the National
Industrial Recovery Board.
Article X — Price Increase
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consmnmation 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. But when made suclr increavses should, so far as possible,
be limited to actual additional increases in the seller's costs.
Article XI — ErFECTi\'E Date
This Code shall become effective upon the third Monday after its
approval.
Approved Code No. 538.
Registry No. 249-02.
o.
AMENDMENTS
107954 — 35-
Approved Code No. 408 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
UNDERGARMENT AND NEGLIGEE INDUSTRY
As Approved on November 7, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Undergarment and Negligee 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 Undergarment and
Negligee Industry, and an Opportunity to be Heard having been
duly afforded members of the Industry and the annexed report on
said amendment, containing findings with respect thereto, having
been made and directed to the President,
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate,
by reference, said annexed report and does find that said amend-
ment 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 Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
Novemher 7, 1931
(97)
REPORT TO THE PRESIDENT
The President,
The White Hou^e.
Sie: The Code Authority for the Undergarment and Negligee
Industry submitted a proposed amendment to the Code of Fair
Competition for the Undergarment and Negligee Industry. This
amendment was presented to the Legal Division of the National
Recovery Administration and received its approval.
As this amendment was in accordance with standard form and
consistent with the policies of the Administration, a Public Hearing
w^as considered unnecessary, and in lieu of the Public Hearing,
Notices of Opportunity to be Heard were printed and distributed in
the same manner as the Notice of Public Hearing. A specified date
was set forth in such notices, by which time objections and criticisms
were to be received relative to this amendment. Up to and including
the dates specified in such notices, no objections or criticisms were
received.
The gist of this amendment is that it makes it compulsory for
all members of the Industry to pay its equitable contribution to the
expense of the maintenance of the Code Authority.
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 :
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 j)urposes of Title I of the
National 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 purpose of cooperative
action of labor and management under adequate governmental sanc-
tions 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 increased pur-
chasing power, by reducing and relieving unemployment, by imj^rov-
ing standards of labOr, and by otherwise rehabilitating Industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including 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.
(98)
99
(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 Eecovery Board :
W. A. Hakriman,
AdTTiinistrative Officer.
November 7, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE UNDERGARMENT AND NEGLIGEE INDUSTRY
The Code of Fair Competition for the Undergarment and Negligee
Industry, as approved on April 27, 1934, is hereby amended by strik-
ing out sub-paragraph (2) of paragraph (f ) of Section 8 of Article
VI, and adding the following paragraphs in lieu thereof and
additionally :
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 pertaining to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, (unless
duly exempted from making such contributions), shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
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.
4. Nothing in the provisions of this Article shall be deemed to
require contribution by contractors where contributions are appor-
tioned among members of the industry upon a volume of sales basis.
Approved Code No. 408 — Amendment No. 1.
Registry No. 277-1-01.
(100)
Approved Code No. 115 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WOOD PLUG INDUSTRY
As Approved on November 7, 1934
OEDEE
Approving Amendment of Code of Fair Competition for the Wood
Plug Industry
An application having been duly made pursuant to and in full com-
pliance with ths 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 Wood Plug Industry, and hear-
ings 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, THEKEFORE. 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 otherw^ise, 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 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 here-
of, unless good cause to the contrar};^ is shown to the said Board
before that time and the Board issues a subsequent Order to that
effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
W. P. Ellis,
Acting Division Administrator.
Washington, D, C,
November 7, 193I^.
(101)
EEPOKT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the amendments to the Code of Fair
Competition for the Wood Plug Industry and on the hearing con-
ducted thereon in Washington, D. C, on April 26, 1934, in accord-
ance with the provisions of Title I of the National Industrial
Recovery Act.
The Wood Plug Industry through the Code Authority has offered
amendments to its Code of Fair Competition. Seven proposed
amendments were submitted by the Code Authority, but subsequently
to the public hearing one amendment as originally proposed has been
changed to conform to revised policy.
The proposed amendments in their final form are summarized
herewith :
The first amendment defines the term " Member of the Industry "
to conform to established policy.
The second amendment clarifies and amplifies the provision rela-
tive to hours 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 provides that recommendations of the
Code Authority upon approval by the said Board shall be made an
integral part of this Code.
The filth amendment is a new section to Article VI, and grants to
the Code Authority the use of trade associations and other agencies
as it deems proper for the carrying out of any of its activities pro-
vided herein, but does not relieve the Code Authority of its duties
and responsibilities under this Code.
The sixth amendment specifies the right of the said Board to sus-
pend any action of the Code Authority pending investigation.
The seventh amendment revises the provisions relative to price
cutting, uniform cost accounting, emergencies, and price filing.
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 obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
(102)
103
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanction and supervision by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The amendments and the Code as amended are not designated
to and will not permit monopolies or monopolistic practices,
(c) 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, therefore, we have approved these amendments.
For the National Industrial Recovery Board :
W. A. Harriman, Administrative Officer.
November 7, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WOOD PLUG INDUSTRY
Article II. Change definition of term " member of the industry "
to read as follows :
" The term member of the industry includes, but without limita-
tion any individual, partnership, association, corporation or other
form of enterprise engaged in the industry, either as an emplo3'er or
on his or its own behalf."
Article III. Section 1, after the phrase "in any twenty-four (24)
hour period " add the phrase " nor more than six days in any calen-
dar week " and change the word " hereinbefore " to " hereinafter."
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 for safety and health shall be submitted b}^ the Code
Authority to the National Industrial Recovery Board not later than
sixty (60) days after the effective date hereof. On approval by the
said Board, after such notice and hearings as it ma}^ prescribe, such
standards shall become integral parts of this Code."
Article VI. Section 2 (b). Add the following:
" Such recommendations upon approval by the National Indus-
trial Recovery Board after such notice and hearings as it may pre-
scribe shall become integral parts of this Code."
Article VI. Section 2. Add Subsection (f) as follows:
" The Code Authority may use such trade associations and other
agencies as it deems proper for the carrying out of any of its
activities provided herein; provided that nothing herein shall re-
lieve the Code Authority of its duties and responsibilities under this
Code and that such trade associations and other agencies shall be
subject to and comply with the provisions thereof."
Article VI. Section 4 is added to read as follows :
" If the National Industrial Recoveiy Board shall determine that
any action of the Code Authority or any agency thereof may be un-
fair or unjust or contrary to the public interest, the said Board may
require that such action be suspended to afford an opportimit}^ for
investigation of the merits of such action and further consideration
by the Code Authority or agency pending final action which shall not
be effective unless said 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."
Article VII. Section 1. Delete this Section and substitute the
following :
Section 1 (A), (a) Each member of the Industry shall file with
a confidential and disinterested agent of the Code Authority or, if
(104)
105
none, then with such an agent designated by the National Industrial
Recovery Board, identified lists of all of his prices, discounts, re-
bates, allowances, and all other terms or conditions of sale, here-
inafter 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 re-
vised price terms shall become effective immediately upon receipt
thereof by said agent. Immediately upon receipt thereof, said agent
shall by telegraph or other equally prompt means notify said mem-
ber of the time of such receipt. Such lists and revisions, together
with the effective time thereof, shall upon receipt be immediately
and simultaneously distributed to all members of the industry and
to all of their customers who have applied therefor and have offered
to defray the cost actually incurred by the Code Authority in the
preparation and distribution thereof and be available for inspection
by any of their customers at the office of such agent. Said lists or
revisions or any part thereof shall not be made available to any per-
son until released to all members of the industry and their customers,
as aforesaid; provided, that prices filed in the first instance shall not
be released until the expiration of the aforesaid ten (10) day period
after the approval of this provision. The Code Authority shall
maintain a permanent file of all price terms filed as herein provided,
and shall not destroy any part of such records except upon written
consent of said Board. Upon request the Code Authority shall fur-
nish to said Board or any duly designated agent of said Board copies
of any such lists or revisions of price terms.
(b) When any member of the industry has filed any revision, such
member shall not file a higher price within forty-eight (18) hours.
(c) No member of the industry shall sell or offer to sell any prod-
ucts of the industry, for which price terms have been filed pursuant
to the provisions of this Article, except in accordance with such price
terms.
(d) No member of the industry shall enter into any agreement, un-
derstanding, 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 in-
fluence inconsistent with the maintenance of the free and open mar-
ket which it i^ the purpose of this Article to create.
Section 1 (B). 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 com-
petition and is forbidden. Any member of the industry or of any
other industry or the customers of either may at any time complain
to the Code Authority that any filed price constitutes unfair competi-
tion a destructive price cutting, imperiling small enterprise or tend-
ing toward monopoly or the impairment of code wages and working
conditions. The Code Authority shall within five (5) days afford
an opportunity to the member filing the price to answer such com-
106
plaint and shall within fourteen (14) days make a ruling or adjust-
ment thereon. If such ruling is not concurred in by either party to
the complaint, all papers shall be referred to the Research and Plan-
ning Division of N. R. A. which shall render a report and recom-
mendation thereon to the National Industrial Recovery Board.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of Subsection
(a). Section 1 (C), (Emergency Provisions) hereof, is forbidden.
Section 1 (C). (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 affecting small enterprises
or wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum price for a specified
product within the industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectu-
ate the purposes of the Act, the Code Authority may cause an im-
partial agency to investigate costs and to recommend to the said
Board a determination of the stated minimum price of the product
affected by the emergency and thereupon the said Board may proceed
to determine such stated minimum price.
(b) When the National Industrial Recovery Board shall have de-
termined 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, the Board shall publish
such price. Thereafter, during such stated period, no member of the
industry shall sell such specified products at a net realized price
below said stated minimum price and any such sale shall be deemed
destructive price cutting. From time to time the Code Authority
may recommend review or reconsideration or the said Board may
cause any determination hereunder to be reviewed or reconsidered
and appropriate action taken.
Section 1 (D). (a) The Code Authority shall cause to be formu-
lated 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
said 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 prac-
ticable. Nothing herein contained shall be construed to permit the
Code Authority, any agent thereof, or any member of the industry
to suggest uniform additions, percentages or differentials or other
uniform items of cost which are designed to bring about arbitrary
uniformity of costs or prices.
Approved Code No. 115 — Amendment No. 2.
Registry No. 329-02.
Approved Code No. 396 — Amendment No. 1 ,
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MILK FILTERING MATERIALS AND DAIRY PROD-
UCTS COTTON WRAPPINGS INDUSTRY
As Approved on November 9, 1934
ORDER
Approwng Amendment of Code of P^air Competition for the Milk
Filtering Materials and Dairy Products Cotton Wrappings
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June IG, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Milk Filtering and Dairy
Products Cotton Wrappings Industry, and opportunity to be Heard
been duly afforded thereon and the annexed report on said amend-
ment, containing findings with resj^ect thereto, having been made
and directed to the President.
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders' of the President, including
Executive Order 6859, dated September 27, 1934, and otherwise ; does
hereby incorporate by reference, said annexed report and does find
that said amendment and the Code as constituted after being amended
comply in all respects with the pertinent provisions and will pro-
mote the policy and purposes of said Title of said Act, and does
hereby order that said amendment be and it is hereby approved, and
that the previous approval of said Code is hereby amended to include
an approval of said Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Prentiss L. Coon ley.
Acting Division Administrator.
Washington, D. C,
Novemher 9, 193Jf.
(107)
REPORT TO THE PRESIDENT
<
The President,
The Whife House.
Sir : This is a report on an amendment to the Code of Fair
Competition for the Milk Filtering Materials and Dairy Products
Cotton Wrappings Industry. Notice of Opportunity to File Ob-
jections to this amendment was published on July 30, 1934; no
objections were received within the given fifteen (15) day period
ending August 13, 1934. The amendment, which is attached, was
presented by duly qualified and authorized representatives of the
Industry, complying with statutory requirements and being the duly
authorized Code Authority for this Industry.
This amendment provides for assessment of the members of the
Milk Filtering Materials and Dairy Products Cotton Wrappings
Industry to defray the expenses of the Code Authority as set forth
in Executive Order No. 6678, dated April 14, 1934.
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 ;
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
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing 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 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.
(108)
109
(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 :
W. A. Harriman,
Administrative Officer.
November 9. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MILK FILTERING MATERIALS AND DAIRY PROD-
UCTS COTTON WRAPPINGS INDUSTRY
Amend Article VI, Section 1 by deleting subsection (e) and adding-
the following subsections (e), (f) and (g) :
(e) It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(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.
(f ) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contributions, shall be entitled to
participate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
(g) 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 the approval of the
Administrator ; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except
those which the Administrator shall have so approved.
Approved Code No. 396 — Amendment No. 1.
Registry No. 223-02.
(110)
Approved Code No. 151 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MILLINERY INDUSTRY
As Approved on November 9, 1934
ORDER
Approving Amended Code of Fair Competition for the Millinery
Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an Amended
Code of Fair Competition for the Millinery 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, the National Industrial Recovery Board
pursuant to authority vested in it by Executive Orders of the Presi-
dent, including Executive Order No. 6859 and otherwise, does hereby
incorporate by reference said annexed report and does find that the
said Amended Code complies in all respects with the pertinent pro-
visions and will promote the policies and purposes of said Title of
said Act, and does hereby order that said Amended Code be and the
same is hereby approved ; and does further order :
(1) That pursuant to the provisions of Article IV Section 8 of the
Amended Code hereby approved, the following named persons be and
they are hereby appointed as members of the Special Millinery
Board : Mr. Max Meyer, Chairman, Dr. Paul Abelson, Mr. J. A.
Stein.
(2) That the provisions of Sections 1 to 7, both inclusive, of
Article VI of said Amended Code be and the same are hereby stayed
pending further orders.
(3) That pending further orders the Code Authority as established
pursuant to the provisions of Article VI of the Code of Fair Compe-
tition for the Millinery Industry, as approved December 15, 1933,
be and the same is hereby constituted a Temporary Millinery Code
Authority until the stay contained in the immediately preceding par-
agraph hereof shall have been terminated and a permanent Code
Authority shall have been elected pursuant to the provisions of said
Amended Code, and that in the interim said Temporary Millinery
Code Authority shall, subject to the supervision and orders of the
National Industrial Recovery Board, function as the Administrative
107954—35 3 ( m )
112
Agency of this Code, and that all appointive positions, including
Chairman, Code Director, Deputy Code Directors, Executive Secre-
tary, and Directors of Agencies of Compliance and Planning shall
be appointed subject to the approval of, or appointed by, the National
Industrial Recovery Board; and
(4) That until the stay contained in paragraph numbered " 2 "
hereof shall have been terminated and a permanent Code Authority
shall have been elected pursuant to the provisions of Article VI of
said Amended Code, wherever reference is made in the said Amended
Code to a " Regional Millinery Code Authority " or to the " National
Millinery Code Authority " said reference shall be construed as a
reference to the Temporary Millinery Code Authority above
established.
National Industrial Recovery Board,
By W. A. Harriman, Adrrhinistratwe Officer.
Approval recommended:
Prentiss L. Coonlet,
Acting Division Administrator.
Washington, D. C,
Novemher 9, 19S4.
EEPORT TO THE PRESIDENT
The President,
The 'White House.
Sir : A Code of Fair Competition for the Millinery Industry was
approved December 15, 1933. The Executive Order approving said
Code provided in part :
" That the provisions of this code shall be in full force and effect
only until May 15, 1934. Prior to that date, the code authority shall
make recommendations to the Administrator in regard to the con-
tinuance or amendment of any or all provisions of this code."
Pursuant to this condition the Code Authority, prior to May 15,
1934, proposed to the Administrator for his approval an Amended
Code of Fair Competition. Upon the application of the (^/ode
Authority, also, the life of the Code as approved December 15, 1933,
and as amended on March 24, 1934, was extended first, to June 15,
1934, and subsequently to the effective date of the proposed Amended
Code.
A Public Hearing was held on the proposed Amended Code on
June 4 and 5, 1934. At this hearing serious objections were raised
as to the proposed labor provisions, and at the request of all inter-
ested parties, including specifically, representatives of labor, the
various markets of the Industry and the Administration, the Special
Millinery Board, created by the Executive Order of December 15,
1933, approving the original Code was charged with the duty and
responsibility of making recommendations as to the labor provisions
to be included in the proposed Code. All interested parties agreed
unanimously to abide by the recommendations of the Board.
In fulfillment of its charge, the Special Millinery Board con-
ducted numerous conferences and hearings, and on July 6, 1934,
submitted to the Administrator a report containing its recommenda-
tions. This report was published to the Industry on July 21, 1934,
with the Notice of Opportunity to File Objections. A supplemen-
tary report was made by the Special Millinery Board on August 15,
1934, and a second supplementary report on September 20, 1934.
Because of the great intrinsic value of each of these reports, they are
herewith presented in full :
July 6, 1934.
Findings and Recommendations of the Special Board Appointed by the
Administkatoe, Undeb Executive Ordek of Decembek 15, 1933, in Connec-
tion WITH THE Code of Fair Competition for the Millinery Industby
Approved by the President on Decembe:b 15, 1933
To : General Hugh S. Jolinson, Administrator.
From : Special Millinery Board.
Subject : Proposed Amended Code for the Millinery Industry.
A. introduction
The Special Millinery Board, appointed under the Executive Order of De-
cember 15, 1933, in connection with the Code of Fair Competition for the Mil-
(113)
114
linery Industry, has since its appointment conducted hearings, made investiga-
tions, and submitted findings, to the Administrator in regard to practically
every market in tlie country. Its reconunendations liave been embodied from
time to time in a series of reports.
The Millinery Code expired by limitation on May 15, 1934, but at the request
of the Code Authority and by order of the Administrator, was extended until
an Amended Code might be presented and approved.
In this connection, the Deputy Administrator conducted public Hearings on
the proposed amended Code in Washington on June 4th and 5th, at which
hearings the members of the Special Millinery Board were in attendance.
During the Hearings, it developed that there were many objections from im-
portant markets and areas against the proposed Articles II, III, IV and V.
among others. These Articles contain the provisions for the consideration and
review of which the Special Millinery Board was created by Executive Order.
At the request of all the interests present at the Hearings, a public Hearing
was held by the Special Millinery Board on the night of June 4th. Simul-
taneously with this Hearing, the different interests had conferences on the
subjects in dispute in regard to the proposed amendments.
At this Hearing, by a unanimous vote of the conferees representing practi-
cally every market of the country, a report was submitted and put on the
record of the Special Millinery Board to the following effect : That all parties
in interest are desirous that the special millinery 'board shall present its
findings to the administrator on articles II, III, IV and V covering definitions,
hours, wages, apprentices and all matters connected therewith, and that they
ivill abide by the recommendations of the special board. The feeling of the
Industry was that our recommendations would represent a more equitable
solution than months of grinding conflict at further Hearings would produce.
At a joint public Hearing held on June 5th, this proposal was put on the
record of the public Hearing (See record "Hearings on amended Code, June
5, 1934, passim ". See also " Minutes of Conference held night of June 4,
1934").
B. PEOCEDURE
We have approached our assignment in the spirit of reaching findings that
in our judgment represents an equitable balance for the entire country, bearing
in mind the principles and purposes of the National Industrial Recovery Act.
Our background has been the experience which we have gained during the
last six months in conducting hearings and making investigations and recom-
mending exemptions, temporary or permanent, as the necessity of any situation
required.
Since tke public Hearings in Washington, the Board has been available to
every market in the country for recommendations and for the submission of data
and information. It has also conducted public Hearings in New York at which
those interests which had indicated a desire to be heard were present.
C. FINDINGS
The Special Millinery Board herewith unanimously submits the following
recommendations :
Our specific recommendations are embodied in the provisions of Article II,
III, IV, and V of the proposed amended Code, a copy of which is appended. We
desire, briefly, to comment, by way of explanation, on the recommendations
under each Article.
Aeticle II. Definitions. — Under this heading we have approved the recom-
mendations proposed by the Code Authority, under Sections 7, 8, 9, and 10
covering definitions of the crafts coming under the wage classificat:on. A few
insignificant changes are made by us by way of clarification and to avoid
ambiguity.
Aeticle III. Hours. — On the question of hours, there has been much difference
of opinion as there was in the making of the present Code. Indeed, the present
Code, Article III, Section 4, provides for investigations to determine whether
the hours of work shall be lessened.
Furthermore, the report of the Administrator accompanying the promulga-
tion of the Code shows that the problem of unemployment was very acute in
this most seasonal of all seasonal trades.
115
The Board has given earnest and painstaking consideration to this question
and has reached the conclusion that the 35 hour week should become a part
of this Code.
The facts at hand show that there has been an inadequate amount of re-
employment and that is only spotty. In general, the reemployment has been
smaller than anticipated.
We have taken into consideration the fear of employers in markets away
from metropolitan areas, that they will not be able to secure help at the height
of the season. But the Board has no misgivings on that score. We are satis-
fled that the provisions which we recommend in the Code for an apprentice
system, for overtime, and other provisions will build up adequate skilled work-
ing forces and that the introduction of the 35 hours will cause no hardship to
the Industry.
In keeping with this proposal, we also recommend reduction of the number
of hours for the non-productive help.
OVEETIMB
The recommendations which we make in regard to overtime are linked with
the provisions of the Code in regard to Regional Administration.
Article IV. Wages. — In regard to wages, we recommend a continuation of
the present areas and of the status quo as the Code stands now with those
modifications which the Special Millinei'y Board has hitherto recommended and
the Administrator has approved, except that following the policy of the National
Recovery Administration, provision is made for a commensurate increase in
wages to cover the reduction of hours.
SPECIAL COMMISSION
In conformity with the desire of the Industry throughout the country, and to
meet the special conditions of this Code where the spirit of conflict between
the metropolitan areas and the rest of the country is an ever-present source of
misunderstanding, the continuation of the Special Millinery Board with the
authority to investigate and recommend relief to individuals or markets or to
maintain a balance of fair competition, seems very necessary.
We recommend the adoption of the draft which we submit. This draft is
based on our own experience and follows, in some respects, the Commission
Plan adopted in some of the latest Codes.
FINDINGS TO BE CONSIDERED AS A WHOLE
In submitting these recommendations we desire to emphasize the fact that our
recommendations represent a balanced whole and are not to be construed as
isolated recommendations on particular subjects.
Respectfully submitted.
Special Millinery Board,
(Signed) Max Metver, Chadrman.
(Signed) Paul Abelson.
(Signed) J. A. Stein.
August 15, 1934.
Supplementary Report of the Special Millinery Board Appointed Pursuant
to the Executive Order of December 15, 1933
To : Dean G. Edwards, Deputy Administrator
From : Special Millinery Board,
Subject : Objections to proposed amended Millinery Code as revised and sub-
mitted by the Special Millinery Board, July 6, 1934.
I. INTRODUCTION
The Special Millinery Board has had before it and considered, the criticisms,
objections and suggestions to the proposed new Millinery Code, flled in accord-
ance with Administrative Order #151-23. These criticisms, objections and sug-
gestions that the Board has considered, refer exclusively to Articles I to V,
116
inclusive, tlie subject matter of wliich was referred by the Industry to this
Board, as is explained in our report of July 6, 1934.
The Board has had before it copies of criticisms, objections and suggestions
transmitted to us by the Deputy Administrator, also criticisms, objections and
suggestions made by the Code Authority of the Industry at its meetings on
August 1st, 2nd and 3rd, which the Board attended by invitation of the Code
Authority. We also have had before us, and have considered the protest filed
by the United Hatters' Cap, Cloth Hat and Millinery Workers' International
Union. Some of the suggestions, criticisms and objections which have come to
us pertain to the provisions contained in Article VI, et seq. of the proposed
Code. To these we liave given no consideration as not being within the pur-
view of our jurisdiction.
II. NATURE OF THE OBJECTIONS AND COMMENTS THEKEON
An analysis of the protests submitted show objections to practically every
provision of the old Code as well as to the suggested revisions by the Special
Millinery Board.
Upon due and careful reconsideration of each one of the provisions of Articles
I, II, III, IV and V, as recommended by us, in the light of the criticisms,
objections and suggestions made, the Board sees no reason to change its
original conclusions and recommendations as a whole. We respectfully reiter-
ate our finding in our report of July 6th, that in submitting those recommenda-
tions, we desired to emphasize the fact that our recommendations represented
a balanced whole and were not to be construed as isolated recommendations
on particular subjects.
It is not our judgment that the provisions that we recommend represent a
perfect structure. We do submit, however, that they represent as fair an
approximation of a balanced Code of Fair Competition for the Industry as the
present knowledge, experience and facts available make possible.
AVe further wish to point out that the provisions, as recommended by us,
contain a clause providing that if the application of a particular provision in
specific cases will work undue hardship, the Special Millinery Board is given
authority, after hearing and investigation, to recommend such relief as justice
and fairness may warrant.
III. SUPPLEMENTARY FINDINGS AND INCIDENTAL REVISIONS
While the Board, as stated above, sees no reason for modifying or changing
its original findings, we respectfully submit, as an appendix, to this report,
those revisions of Articles III, IV and V which in our judgment from the exam-
ination of the criticisms and objections, seem to us proper as tending to im-
prove and perfect the provisions of Articles II, III, IV and V as a whole.
The accompanying provisions speak for themselves and require no extended
comment except in one instance. We are convinced that the reduction of
hours of certain " non-productive " workers, office employees, and members of
shipping and receiving crews from 45 to 40 would be inadvisable and we there-
foi'e now recommend 42% hours for this group of employees. By this change,
these workers will have their hours reduced proportionately to the reduction
of hours that we recommend for the classified help.
We desire further to recommend that in the set-up of the Regional Code Au-
thorities, Labor should be represented in the manner that it is now repre-
sented on the present Code Authority. In our judgment, the effective opera-
tion of the labor provisions of the Code, in regard to overtime and other mat-
ters contained in these Articles, will necessitate representation of Labor on
each Regional Code Authority.
Respectfully submitted.
Special Millinery Board,
Max Meiyee,
By Max Meyek, Chairman.
117
September 20th, 1934.
Supplementary Report op the Special Millinery Board Appointed Pursuant
TO the Executive Order of December 15, 1933
To : Dean G. Edwards, Deputy Administrator, National Recovery Administra-
tion, Washington, D. C.
From : Special Millinery Board.
Subject : Labor Provisions of the Proposed Amended Millinery Code.
I. introduction
The regrettable delay in the promulgation of the amended Millinery Code
is the reason for our filing this Supplementary Report in addition to the
report submitted by us on July 6th, 1934 and our observations on objections,
submitted to you on August 15th, 1934.
This delay in the promulgation of the amended Code has been, as is known
to you, occasioned by the difficulties that have been encountered in the formu-
lation of the administrative clauses of the new Code. These difficulties were
produced by the requirements of the set-up of Regional Code Authorities
as well as by the acute differences within the proposed New York Region.
To straighten out these difficulties and bring about a mutually satisfactory
solution, the Code Authority has held two lengthy special sessions of four days'
duration each in addition to the conferences with the interested parties which
were held by you in Washington.
It was inevitable that incidental to these meetings called specifically to solve
the problem of the administrative provisions, the Code Authority, while in
session, would examine and criticise and suggest changes in the labor pro-
visions recommended by the Special Millinery Board in accordance with the
mandate of responsibility placed upon us by the industry at the Public Hearings
in Washington on June 4th and 5th.
The Special Millinery Board has information from all the various markets
throughout the country that by and large the labor provisions, as a whole, as
recommended by the Board, are reasonably satisfactory to all confiicting
interests. Our impression is that the Administration is likewise in possession
of such information. Notwithstanding these facts, the Millinery Code Authority
at its various sessions mentioned above presented objections and criticisms
to our recommendations and have urgently pressed for changes. The Special
Millinery Board has in good temper responded to this psychological situation
and we have, in good spirit, participated in all the meetings of the Code
Authority to which we have been invited, and in special hearings and confer-
ences which we conducted at their request (The record of which is available
for the Administration).
As a result of these hearings and conferences, we recommended in our
Supplementary Report of August 15th certain incidental changes in our Report
of July 6th.
The Code Authority, at its recent meetings on September 5th, 6th, 7th and
8th, considered our original recommendations and our modifications and have
again requested us to make further revisions. We have considered these and
as a result of these hearings and conferences, we desire to submit as an
Appendix to this Report a summary of the exact changes made since our Sup-
plementary Report of August 15th and in addition the complete text of
Articles I to V inclusive (the labor provisions) as our latest revised recom-
mendations for the Code.
II. NATURE OF THE CHANGES RECOMMENDED
A. We have been asked to embody under Article II, Section 2, defining the
term " millinery " the following paragraph :
" Excepting as to knitted hats, the stocking-cap beret type made of one piece
with center drawn together or cut or stitched, or with center inset, with pom-
pom or other center ornament, and which is flat pressed only on flat form
or ring, not blocked."
While strictly speaking, we have not been authorized to consider this ques-
tion of overlapping jurisdiction as between the Millinery Code Authority and
the Knitted Outerwear Code, our information is that this wording has been
118
agreed upon between the Millinery Code Authority and Deputy Administrator
Morris Greenberg, in charge of problems arising from overlapping of Codes.
As this additional paragraph comes under Article II, which is part of the sub-
ject matter coming under our purview, we enclose this proposed clause in the
light of the comment herein made and without prejudice to our relation to this
matter,
B. Under Article II, Section 7, defining the term "' cutter ", we have been
asked to have the clause read " The term ' cutter ' includes any employee en-
gaged in the cutting of flat basic materials such as felt, fabrics, straw, velvet,
silks and other basic materials either with knife or machine."
The word " flat " was taken out of the proposed code by unanimous agreement
of all the parties on June 4th and 5th. Since then the Code Authority has
repeatedly requested that this word be added. The Special Millinery Board
has a record of the discussion at the Special Hearing conducted by the Board
in which the Code Authority participated. (September 7th, 1934.)
This record discloses the obvious fact that the subtleties and refinements
indulged in by both sides in this discussion are based on fear of what the in-
terpretation of the terra " cutter " might be in the new code. Our conclu-
sion on this point is that the clause should be left as we recommended it,
omitting the word " flat ".
This is in accordance with the interpretation of the term " cutter " pre-
vailing since the inception of the Code on December loth, 1933 and in line
with practice in the Industry since that time.
There is no information in existence showing that any serious difliculties
or any difliculties, at all, in fact, have arisen from this interpretation. With
the added evidence of what the parties mean by the term •' cutter " as dis-
closed in the record referred to above, there certainly will be no difficulty.
On the other hand, there is sure to be diflSculty and abuse and misconception
if that new word were added.
C. Articxe III — Sections 3 and 4. — Requests have been made to the Board
further to modify its recommendations concerning the hours to be worked by
employees other than those engaged in the classified crafts from 42% hours
per week to 45 hours per week. This has been one of the great " issues " which
have arisen incidental to the meetings of the Code Authority as mentioned in
our introduction. The Board has reached a conclusion after careful reconsider-
ation to recommend that these employees shall be allowed to work no more than
421/^ hours per week. As we have explained in our Supplementary Report of
August 15th, this will maintain the same differential in hours between the
workers coming under the classified scale and the other workers as exists at
present, namely, 7i/^ hours. We are satisfied that no undue hardship of any
kind, as a matter of actual fact, will result from putting these workers on a
421/^-hour basis and the industry will readily adjust itself to the situation.
D. Artico-e III — Section 10. — We recommend that Section 10 shall read as
follows :
Article III — Section 10. — "No employee (except designer, office employees,
engineers, firemen, watchmen and one shipping clerk) shall be permitted to work
in excess of five (5) days in any seven (7) day period, nor on any Saturday
or Sunday."
E. Article IV — Section 5. — Out of the welter of discussion mentioned in our
introduction, one very substantial idea, in regard to the apprentice system,
has emerged. The Code Authority has recommended that the apprentice pro-
visions be modified in a substantial manner. Their proposals embody two im-
portant changes: (1) The industry is asking that the wages for operator, blocker
and cutter apprentices shall be higher than the Board originally recommended
and (2) that the scale recommended by the Board shall apply only to milliner
or trimmer apprentices. The Special Millinery Board concurs in this recom-
mendation. Our reasons for so doing are as follows : We regard the provisions
for apprentices recommended for this Code, important and far reaching as they
are in the nature of an experiment as far as the details are concerned. Accord-
ingly, we have no pride of opinion on details of the experiment and are willing
to recommend those that the industry want, the principle having been conceded.
F. Article IV — Section 7.— We recommend that Article IV, Section 7 be
modified to read as follows :
"All exceptions or exemptions heretofore granted by the Special Millinery
Board and approved by the Administrator and in effect on May 15, 1934, shall
continue to be in full force and effect until November 15, 1934. The Special
Millinery Board may recommend the continuance, revision, or modification of
119
these exceptions or exemptions tliereafter upon application and after hearing
and due consideration."
Our reasons for recommending this change are the following: A preponder-
ant majority of the Code Authority, and Labor especially, have requested the
elimination of these exceptions and exemptions in view of the inclusion of
apprentice provisions in the proposed amended Code. It was also contended
that the situation in certain areas, markets, or individual firms may have
changed since the major portion of these exceptions and exemptions were
recommended by the Special Millinery Board in January, 1934.
The Board has, after due consideration, concluded that these exceptions
and exemptions should continue until the end of this season ; namely, November
15, 1934,* but that an opportunity should be given to those individuals, markets,
or areas to submit to the Special Millinery Board facts as to the present situa-
tion on the question, and that the Board, after examination of all the informa-
tion available on these points, shall have authority to recommend the extension,
revision, or modification of these exceptions or exemptions.
III. CONCliUSION
"We desire to state in conclusion that notwithstanding the incidental modi-
fications of August 15th, and those embodied in this Report, the recommenda-
tions as a whole represent, in our judgment, as fair an approximation of a
balanced Code of Fair Competition for the Industry as the present knowledge,
experience and facts available make possible.
Respectfully submitted.
Speciai. MirxiNEiRY Board,
(s) Max Meyek, Chairman.
J. A. Stein.
Paul Abelson.
Specific reference should be made to the exceptionally commend-
able services rendered by the Special Millinery Board. Originally
created for the comparatively narrow purpose of determining
whether the provisions of Article IV, Section 3 of the original Code
should be stayed or modified, because of great and unusual hardship
to any area, market or member of the Industry, the Board immedi-
ately gained the confidence of the entire Industry. It has not only
fulfilled its original purpose exceptionally well, but it has functioned
with equal efficacy in various and sundry special tasks which have
from time to time been assigned to it by the Administration. The
confidence placed in the Board and in its members, as well as the
esteem held for them by the Industry, is illustrated by the readiness
and the unanimity with which the Industry (and Labor) agreed to
abide by the recommendations of the Board in regard to the labor
provisions of the Amended Code.
In this Amended Code the functions of the Special Board have
been greatly increased. It becomes, in eifect, an instrument to pro-
vide a flexibility which is greatly needed, but which has been hereto-
fore impossible to achieve.
For over a decade the decline of the Millinery Industry has been
continuous. Between 1925 and 1931, annual sales in the Industry
dropped from 190 million dollars to 132 million dollars. Sales for
1934 will probably not exceed 100 million dollars. Between 1927
and 1932, the index of employment fell from 95.6 to 68.6, and that
of pay rolls from 96.8 to 48.6. As against a total of 121,926 gain-
fully employed workers in 1910, the Industry in 1930 employed only
44,948. In 1932. only 29,790 persons were gainfully employed, and
in 1933 only slightly more than 27,000. It is impossible to estimate
^ Because of the delay in the approval of this Amended Code this date has been
changed to December 15. 1934.
120
the amount of unemployment which has been absorbed since the
adoption of the Code December 15, 1933. It is reasonable to assume,
however, that the figure would be somewhat in excess of 30,000.
The disorganized state of the Industry to which the foregoing
figures bear evidence has not only been accompanied by results
deplorable alike to both employer and employee, but also has had
far-reaching effects upon many industries, directly or indirectly,
dependent in varying degrees thereon. Among these other indus-
tries, there may be listed: importers and manufacturers of braids
and other materials; importers of hats in their finished and unfin-
ished state; distributors and jobbers of millinery supplies; manu-
facturers of miscellaneous supplies, such as feathers, braids, bodies,
ornaments, linings, etc. ; manufacturers of felt, fur, silk, straw, etc. ;
and industries supplying machinery and plant equipment. The Mil-
linery Industry is also a large consumer of electrical power for ma-
chine operation, and because of the great number of manufacturing
units, rental and real estate conditions throughout the country are
affected by the welfare of this Industry.
The estimated volume of these other businesses in 1931 was approx-
imately 125 million dollars. The success or failure of these related
businesses and industries, and the conditions of employees engaged
therein, are necessarily vitally affected by the conditions which pre-
vail in the Millinery Industry itself.
There is a very small proportion of unskilled labor in this
Industry. Cutters, blockers, operators and trimmers constitute the
very great majority of the labor force. Approximately 95 percent of
all workers employed in the Industry are in the skilled class.
Because of this fact, wages in the Industry are comparatively high.
In 1927 the average annual earnings were $1,405 ; in 1931 the average
annual earnings had dropped to $1,222. This compares with an
average annual wage for all other manufacturing industries of
$1,298 in 1927, and $1,101, in 1931.
Not only have wages in this industry remained constantly higher
than wages in most other industries, but the reduction in earnings
during the depression years were not so great as the decline in the
cost of living. From 1929 to 1932, earnings declined 16.7 percent,
whereas the cost of living fell 25.17 percent. Real wages were thus
slightly higher in 1932 than in 1929 ; moreover, the decrease in earn-
ings was probably due primarily to short-time employment than they
wer? to considerable wage cuts.
The manufacturing units in the Industry are small and the com-
petition between them bitter and intense. In 1929, there were 1,293
manufacturing establishments in the United States, 64 percent of
which had 20 employees or less, and 87 percent of which had 50
employees or less. The average number of wage earners per estab-
lishment in 1929 were 25; in 1931 there were 1,129 establishments
with an average number of 24 employees per establishment. No
official figures are obtainable for the period since 1931, although
from the best information available, it appears that prior to the
adoption of the Code, there was a marked increase in the number of
small units employing fewer wage earners. This increase was
brought about primarily by the " fly-by-night " method of produc-
tion which grew up during the period of the depression.
121
New producers can enter the Millinery Industry with compara-
tive ease. A minimum of machinery is required, and this may be
easily bought on credit, or even at second-hand. Because of the
high skill of the workers, little supervision is required. The In-
dustry does not have the protection of complexity of enterprise nor
the necessity of large capital outlay. The consequences of this small
scale unit production are far-reaching. The interests of the typical
manufacturer, producing, as he does, not more than one-tenth of
one p)ercent of the entire output of the Industry, lie far more in
selling his product at any price immediately obtainable than it does
in maintaining a market or standards. There is little feeling of
responsibility and little industry-mindness. There is a consequent
debasement of business standards and a growing deterioration of
the business as a whole.
The history of the Millinery Industry in recent years may be
written in terms of progressive demoralization and chaos, brought
about by intense price competition. The facts presented to the
Administration at the hearings and conferences of the original
Code show a condition of almost complete chaos and collapse in
this Industry. The record presents a picture of intense and merci-
less competition resulting in vast periodical unemployment and an
amazingly high mortality rate among manufacturers. It is a matter
of record that during the depression years 20 percent of the millinery
houses went out of business annually. It is significant that those
who have remained three years in the business are nowadays con-
sidered old-timers.
The Millinery Industry operates on a basis of two seasons per
year : the first from February to May, and the second from August
to November. One result of conditions created by the depression
was to increase the degree of seasonal fluctuation. The extreme
seasonality of the Millinery Industry creates a great deal of part-
time employment and indicates that during the depression, as well
as before and since, there has been a very considerable amount of
unemployment, even among emploj^ed workers. The extent of part-
time employment caused by seasonal fluctuations and excessive over-
time during seasonal peaks resulted in a vast amount of actual
unemployment and a very substantial reduction in the annual earn-
ings of those employed.
A number of years ago the Industry was not nearly so seasonable
as it is today. At that time employment normally ran for nine or
ten months in the year, giving almost steady employment during that
period. Work was spread out more evenly and there were no sharp
fluctuations as now exist. A number of factors have developed dur-
ing recent years which have contributed to bring about this condi-
tion of extreme seasonality. The first factor is the revolution in
fashion. Formerly, highly ornamented hats with frames, feathers
and trimmings were the prevailing fashion, and style was the most
important element. There was no problem of style piracy because a
hat so complex in design and so heavily trimmed was difficult to
copy, and there was little or no tendency to reproduce in cheap
models.
Buying habits, moreover, were such that the consumer demand
could be more accurately estimated and retailers' orders placed well
122
in advance of the season. The very complexity of ornamentation
made style shiftings and variations of much less importance than
today. The average life of a style in 1934 is six weeks. It was con-
siderably longer fifteen or twenty years ago. Simplification of de-
sign has shifted the basis of competition from style to price. The
shift t_o the simpler hat and the intensity of price competition has
made it possible for retailers to withhold orders until the last pos-
sible moment and, thus, to force manufacturers to crowd their entire
production into verv limited periods.
Another imj^ortant factor contributed also to this result; namely,
the buying habits of women. By fashion, custom or whim, women
buy most of their hats at certain seasons and do not buy in others.
Moreover, what a woman will buy is absolutely impossible of mate-
rial determination in advance. The general" result has been that
hats must be produced when, as, and how the women want them.
Competition on the basis of price was greatly intensified by the
depression. Because of the general decline in purchasing power, the
buying public demanded cheap hats. This demand was not caused
by manufacturers nor by retailers, but by the public need. It was
passed on to the retailer by the consumer, and by the retailer it
was passed back to the manufacturer. This constant increasing
pressure for cheaper merchandise had a revolutionary effect upon
the Industry. Before the depression, so-called " popular " hats were
sold for an average wholesale price of $24.00 per dozen, while the
cheapest hat was sold for $16.50 per dozen. As a result of the con-
stant demand for cheaper hats, the $24.00 a dozen hat in 1932 and
1933 sold for as low as $9.00 per dozen, while the $16.50 fell to $4.50
per dozen. As a result of the intense price competition, newer forms
of hats were gotten out which sold for as low as $1.60 per dozen, and
in some cases, as low as 80 cents per dozen. It is estimated that
40.17 percent of all hats sold retailed at less than $2.00 a piece;
78.95 percent retailed at less than $4.00; and 94.67 percent at less
than $10.00 a piece. Only 2.55 percent of all hats sold retailed at
not more than $10.00 a piece. A woman's hat, which before the
depression was an article of merchandise in the class with shoes,
reached the point where it was being sold widely through such retail
channels of distribution as Woolworth and Kresge.
As noted above, with the simplification of style, the basis of com-
petition was shifted to price. The most important element of cost
in this Industry is labor. Labor costs amount to nearly 50 percent
of the total cost of the finished product. Labor became, in fact, the
principal competitive factor in the Millinery Industry. An im-
portant factor in the disorganization of the Industry after 1929 was
that the labor factor of costs lost what semblance of universality and
uniformity which it had had as Ijetween the various markets of the
country.
In some centers and among certain types of manufacturers, wage
scales w^ere fairly well maintained. New York City produces ap-
proximately 64 percent of the total output of the Millinery Industry
and employs about 53 percent of the workers. In New York City
the workers were well unionized and under collective bargain agree-
ments with employers. Reasonable provision for hours of labor and
hourly rates of pay were in effect. With the increasingly keen com-
petition over prices, the tendency was to move away from the metro-
123
politan district to small towns in search of cheap labor. The result
was that the Industry tended to remove from the metropolitan dis-
trict and from large cities where more or less fair wage standards
were maintained to the smaller cities and outlying districts where
wages paid even to skilled labor amounted to little more than a bare
subsistence. Legitimate manufacturers found it necessary, in order
to compete with prices fixed in sub-standard markets, to cut wages
of their own employees, and where such wage cutting was not possi-
ble because of union contracts, to sell their product below cost.
Although the most destructive form of competition in the Industry
was the competition over labor costs, there were a number of other
serious abuses which generally contributed to the demoralization of
the Industry. There were a series of unfair trade practices, all recog-
nized by the reputable members of the Industry as economically un-
sound and undesirable, and in some instances, vicious. Among the
most important of these abuses were the ones relating to terms and
discounts. Because of the fact that the Millinery Industry is not
composed of large units but is rather a group of a great many
manufacturers who individually do a small volume of business, the
Industry has had to accommodate itself to an almost perpetual
buyer's market. With the beginning of the period of intense price
competition, manufacturers were gradually forced to give discounts,
ranging from 7 percent to as high as 15 percent. Manufacturers
were forced to trade as much in discounts as they were on prices.
The history of a great many of the failures in this Industry discloses
discounts far in excess of those given by manufacturers Avho remained
solvent. The unjust return of merchandise was also a pernicious evil
in this Industry, as w^ell as wide-spread consignment selling, and
excessive allowances for advertising.
The Millinery Industry was completely unable to deal effectively
with the chaotic labor and trade problems with which it was faced.
The facts already stated show a completely disorganized industry
scattered over the country, using every competitive method known,
and many engaged in a vicious exploitation of labor. The disorgan-
ized state of the trade prevented any concerted action for improve-
ment, and self-government without government support was a patent
impossibility. The National Industrial Recovery Act and the
original Code of Fair Competition for this Industry have already
gone far toward organizing the Industry for self-government and
to bring about that stabilization which is so vitally necessary to
industrial and social well being.
Outstanding among the factors contributing to the stabilization
has been the standardization of the most important cost factor for
the Industry — labor costs. It is no longer possible for manufactur-
ers to remove from the metropolitan districts to small towns in search
of cheap labor ; it is no longer necessary for legitimate manufacturers
to cut wages in order to compete with prices fixed by sub-standard
markets. Costs are of three kinds: labor, materials and overhead.
So far as materials are concerned, there have indeed been drastic
price changes which have contributed to instability in the Millinery
Market. It must be borne in mind, however, that material costs at
any given time and place are more or less standardized for the entire
Industry. Overhead costs are also fairly well standardized. Thus,
wnth the standardization of labor costs made possible by the Code,
124
total costs are much more standard and market prices much more
stable than formerly. This standardization of labor costs has been
made possible primarily by the classified wage scale embodied in the
Code. The principle of classification was one of the principal points
of contention in the formulation of the original Code of Fair Compe-
tition. It is significant that whereas this principle was the most
hotly contested point in the original Code, it was accepted with
practically unanimity and as a matter of course in the amended Code.
The Industry itself has come to appreciate the salutary effects of
classified wages on the stability of the Industry.
To a certain extent, the Code has modified the extreme seasonality
of the Industry. Whereas before the Code many establishments in
the peak periods operated as many as 70 hours per week, the Code
has limited seasonal operations to 46 hours. Standard hours were
fixed at 371/^ hours per week. This rigid limitation made it neces-
sary not 'only to spread work over more employees but to spread work
over a longer season. Some measure of responsibility was forced
upon distributors. They have found that if orders are to be filled,
consumer demands must be anticipated further in advance than
formerly.
The most flagrant of the unfair practices were also eliminated by
the original Code and by the amendment to that Code, approved
March 24, 1934. It is generally agreed that the elimination of these
practices has aided substantially in reducing the exceptionally high
mortality rate among millinery manufacturers. The elimination of
these practices has, moreover, made it possible for the manufacturer
to transfer part of his savings to his employees in increased wages
and more sustained employment, thereby increasing the purchasing
power of a large section of the community.
No accurate statistics are as yet available in determining the pre-
cise amount of improvement in the Industry which has resulted from
the operation of the Code. Reports received, however, from leading
members of the Industry and from Labor leaders, as well as from the
Code Authority, indicate a marked improvement in the economic con-
dition of the Industry. Employers are able to plan their production
and to give employment over a greater period of time. The increase
in employment generally and the elimination of the great amount of
part-time employment has already been substantial. Earnings have
increased to a marked degree. With the inauguration of the Code
and its limitation upon hours and regulation of wanes in the
Industry, as well as the elimination of unfair competitive practices,
the Industry has been put back on what its members call a " legiti-
mate basis." It is no longer possible for sub-standard markets to exist
at the expense of labor and to destroy the legitimate manufacturer.
With few exceptions, the original Code met with the approval of
all members of the Industry, and there has come to be an almost uni-
versal recognition of the fact that Federal reguUition is essential to
save the Industry from complete destruction. The amended Code is
calculated to consolidate the achievements of the original Code.
Aside from the extended powers of the Special Millinery Board,
there are certain important differences between the original Code and
this amended Code. Primarily among these differences are: (1) a
reduction of the work week from 37i/^ hours to 35 hour<; (2) an
incr3ase in minimum wages of approximately 6 percent; and (3) the
125
recognition of the importance of regional autonomy and the creation
of regional Code Authorities. Of great importance also are the pro-
visions relating to the employment of apprentices and the provisions
relating to the utilization of overtime.
In general, it may be said that the present Code is more workable
than the original Code in that its incidence, so far as the various
markets of the Industry are concerned and the various members, is
much less rigid and inflexible. To achieve this end, none of the
factors contained in the original Code, which have contributed in
such a salutary fashion to the stabilization of the Industry, have
been sacrificed.
The Deputy Administrator in his final report to me on said
amended Code having found as herein set forth, and on the basis of
all the proceedings in this matter ;
We find that :
(a) Said amended Code is well designed to promote the policies
and purposes of Title I of the National Industrial Recovery Act,
including removal of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof, and
will provide for the general welfare by promoting the organization
of Industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining the united action of Labor and
management under adequate governmental sanctions and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacities 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 otherwise rehabilitating Industry.
(b) Said Industry normally employs not more than fifty thousand
employees; and is not classified by us as a major industry.
(c) The amended Code as approved complies in all respects with
the pertinent provisions of said Title of said Act, including without
limitation Subsection A of Section 3, Subsection a of Section 7 and
Subsection b of Section 10 thereof.
(d) The Executive Order of December 15, 1933. approving said
Code empowers the Code Authority to present the aforesaid amended
Code on behalf of the Industry as a whole.
(e). The amended Code is not designed to, and will not permit
monopolies or monopolistic practices.
(f) The amended Code is not designed to, and will not eliminate
or oppress small enterprises and will not operate to discriminate
against them.
(g) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amended Code.
Accordingly said amended Code has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Adwinistrative Officer.
November 9, 1934,
AMENDED CODE OF FAIR COMPETITION FOR THE
MILLINERY INDUSTRY
The Code of Fair Competition for the Millinery Industry, No.
151, as approved December 15, 1933, and as amended by Administra-
tive Order dated March 21, 1934, is hereby amended to read as
follows :
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 Millinery Industry, and shall be the
standard of fair competition for this Industry, and shall be binding
upon every member thereof.
Article II — Definitions
1. The term " Industry " as used herein means and includes the
manufacture and/or production of " millinery " as hereinafter de-
fined, and the sale thereof by manufacturers and/or producers, or
by any firm, corporation, or other form of enterprise owned and/or
controlled by any manufacturer or producer of millinery, and such
related branches or subdivisions as may from time to time be in-
cluded under the provisions of this Code.
2. The term " millinery " as used herein means and includes all
ladies', misses' and children's headwear (whether trimmed or un-
trimmed and of whatsoever material made), manufactured or pro-
duced by blocking and/or operating, and/or cutting and/or mould-
ing, making, trimming, and/or any other similar operations, except
that it shall not include knitted hats of the stocking cap or beret
type made of one piece with center drawn together or cut or stitched
or with center insert with pompom or other center ornament, and
which is flat pressed only on flat form or ring, not blocked ; nor shall
the term " millinery " include headwear known as " Harvest Hats."
3. The term " member of the Industry " as used herein includes,
but without limitation, any individual, partnership, association, cor-
poration, or other form of enterprise engaged in the Industry,
either as an employer or on his or its own behalf.
4. The term " Employee " as used herein includes any and all per-
sons engaged in the Industry, however compensated, except a mem-
ber of the Industry.
5. The term " Employer " as used herein includes anyone by whom
such employee is compensated or employed.
6. The term " Operator " includes any employee engaged in mak-
ing, in whole or in part, by machine, crowns, stitching brims, pulling
brims, setting up hats, and/or making complete hats from hat bodies,
various materials, fabrics, and straw braids. However, a person
(126)
127
engaged only in the preparing of trimmings by machine shall not,
for the purposes of this Code, be deemed an " Operator."
7. The term " Cutter " includes any employee engaged in the
cutting of basic materials such as felt, fabrics, straw, velvet, silks,
and other basic materials either with knife or machine.
8. The term " Blocker " includes any employee engaged in whole
or in part by hand or by machine in pulling and/or roping, sand-
papering, pouncing, buffing, applying alcohol or liquid or stiffening,
brushing or finishing by hand, hydraulicing, sandbagging, either
on wood or on metal dies or blocks. However, this definition shall
not apply to hats that are being molded, shaped, or formed by mil-
liners in the making of hand-made hats. The mere performance
of reslicking, rebrushing, or refinishing shall not constitute a blocking
operation.
9. The term " Milliner " includes any employee who may trim,
shape, form, mold, or drape materials in whole or in part by hand
or by assembling of component materials, prepared either manually
or mechanicall}^, whether of felt, fabric, straw, velvet, silk or any
other materials.
10. The term " President " and "Act " as used herein, mean, re-
spectively, the President of the United States and Title I of the
National Industrial Recovery Act.
Article III — Houes
1. Except as hereinafter provided, no employee shall be permitted
to work in excess of thirty-five (35) hours in any one (1) week, nor
in excess of seven (7) hours in any one (1) day.
2. (a) No overtime shal Ibe permitted except that during a period
of not more than six (6) weeks in any one season, and not in excess
of twelve (12) weeks in any one year, overtime may be permitted
in any or all departments of any particular factory or workroom,
in any market to the extent of not more than seven and one-half
(7I/2) hours per week. Said hours of overtime shall be worked
during the first five (5) working days in the week, and at least time
and one-third the normal rate of wages shall be paid for such
overtime work.
(b) Members of the Industry desiring to avail themselves of the
permission to work overtime, as hereinabove provided, shall file
with the Regional Millinery Code Authority notice of intention so
to do at least twentj^-four (24) hours in advance, setting for the
number of employees so to be employed, the length of time such
member of the Industry intends to utilize such overtime privilege,
and the amount of overtime, if any, theretofore utilized during the
current calendar year.
In states where the hours of overtime permitted by this Code, plus
the regular hours of work permitted by this Code, exceed the total
working hours per day permitted by the State Law, the member of
the Industry may make such distribution of the overtime hours to
permit work to be done on Saturday, provided notice of intention
so to do is filled at least twenty-four hours in advance with the
Regional Code Authority.
3. Except as hereinafter provided, workers employed other than
as blockers, operators, cutters, and/or milliners shall not be per-
107954—35 4
128
mitted to work in excess of forty-two and one-half (421/2) hours in
any one week, nor in excess of eight and one-half (81/2) hours in
any one (1) day, except during such overtime period or periods as
may be worked, pursuant to the provisions of Section 2 of this
Article.
4. Office employees and members of shipping and receiving crews
shall not be permitted to work in excess of forty-two and one-half
(42^) hours in any one week nor in excess of eight and one-half
(81/^) hours in any one (1) day, except during such overtime period
or periods as may be worked pursuant to the provisions of Section 2
of this Article.
5. Designers, foremen, engineers, firemen and watchmen shall not
be permitted to work in excess of forty-five (45) hours in any one
week nor in excess of nine (9) hours in any one day except during
such overtime period or periods as may be worked pursuant to the
provisions of Section 2 of this Article.
6. The provisions of this Article shall not apply to: (a) outside
salesmen, (b) employees engaged in emergency maintenance or in
emergency repair work, (c) persons employed in executive or man-
agerial capacities who earn not less than thirty-five dollars ($35.00)
per week, and do not participate in productive operations.
7. The provisions of this Article shall also apply to all members
of the Industry, whether as an individual or as a member of a part-
nership, or an officer, stockholder, or director of a corporation per-
forming those types of work known as blocking, operating, cutting,
and/or trimming, and/or in any other operations required in the
manufacture and/or production of millinery.
8. Subject to review by the National Industrial Recoveiy Board,
each Regional Millinery Code Authority shall designate the hour
before which work shall not begin and the hour after which work
shall not continue and shall file such schedule of hours with the
National Millinery Code Authority and with the National Industrial
Recovery Board.
9. No member of the Industry shall knowingly engage any em-
ployee for any time which, when totaled with that already per-
formed with another member of the Industry, exceeds the maximum
permitted herein.
10. No employee (except designers, office employees, engineers, fire-
men, watchmen and one (1) shipping clerk) shall be permitted to
work in excess of five (5) days in any seven (7) day period, nor
on any Saturday or Sunday.
11. If work is suspended during any day or days of the week
by reason of a religious or legal holiday, or emergency, members of
the Industry affected may make up the time lost any day of that
same week or in the subsequent week without any extra overtime pay,
provided said member notifies the Regional Millinery Code Authority
at least twenty-four (24) hours in advance of intention so to do.
Article IV — ^Wages
1. For the purposes of this Code, the United States shall be
divided into four (4) areas as follows:.
(a) Area A shall include Greater New York and the territory
within a radius of seventy-five (75) miles from Columbus Circle,
129
•except that it shall not include any portions of the States of Con-
necticut and New Jersey.
(b) Area B shall include the States of Illinois, Pennsylvania,
Connecticut and New Jersey.
(c) Area C shall include the city of St, Louis and the States of
Wisconsin and Ohio.
(d) Area D shall include all other portions of the Continental
United States not included in Areas A, B, and C as defined above.
2. Except as hereinafter set forth, no employee not provided for
by the wage provisions enumerated in Section 3 of this Article shall
be paid at less than the rate of fourteen dollars ($14.00) per week
for the maximum number of hours permitted by this Code for such
employee when employed in Area A or B as defined in this Article,
nor at less than the rate of thirteen dollars ($13.00) per week for
the maximum . number of hours permitted by this Code for such
employee when employed in Area C or D as defined in this Article.
3. Employees engaged in the crafts hereinafter set forth shall be
paid at not less than the following schedule of standard rates per
hour:
Area A
AreaB
Area C
Area D
$1.18
1.08
1.08
.59
$0.97
.81
.81
.51
$0.86
.73
.73
.49
$0.75
.65
Cutters -
.65
.49
It is provided, however, that twenty-five per cent (25%) of the
total number of employees engaged in each craft hereinabove enum-
erated may be paid at less than the minimum rates of pay herein-
above set forth, but in no case at less than the minimum provided in
Section 2 of this Article (or, if applicable, in Section 6 of this
Article), provided that the other seventy-five per cent (75%) of the
total number of employees engaged in each craft hereinabove enum-
erated shall receive not less than the amount set forth in the above
schedule. Any employees employed and compensated pursuant to
the provisions of Section 6 of this Article shall be included in cal-
culating the tolerance hereinabove permitted. Apprentices, how-
ever, employed and compensated pursuant to the provisions of Sec-
tion 5 of this Article, need not be included in calculating said toler-
ance. It is further provided that if the operation at which any
employee employed pursuant to the provisions of Section 5 or Sec-
tion 6 of this Article and/or included in the aforesaid tolerance has
a piecework rate and the amount earned at the prevailing piece-
work rate exceeds the minimum wages specified for such employee,
such employee shall be compensated on the basis of actual piece-rate
earnings. In no event shall any employee qualified to receive a
standard hourly rate as hereinabove set forth be paid at less than
such standard hourly rate. The practice of rotating employees en-
gaged in the various crafts from the classified hourly rate to the
basic minimum rate shall be deemed to be a violation of this Code.
4. The National Millinery Code Authority may, subject to re-
view by the National Industrial Recovery Board, issue instructions
130
to the members of the Industry regarding the classification of em-
ploj^ees.
5. Subject to the disapproval of the National Industrial Recovery
Board, the Special Millinery Board hereinafter provided for may
upon application permit members of the Industry to employ per-
sons as apprentices at less than the basic minimum wage rates estab-
lished in Section 2 of this Article, provided that such members of
the Industry comply with the following regulations :
(a) For the purposes of this Code, apprentices shall be classified
as follows :
1. Student apprentices who are hereby defined as persons not here-
tofore engaged in the Industry, who have graduated from a duly
accredited Trade School,
2. Ordinary apprentices who are hereby defined as persons not
engaged heretofore in the Industr}^ prior to their .employment as
apprentices.
(b) Milliner apprentices shall be paid in accordance with the
following schedule, except that student apprentices shall receive $1.00
a week more than hereinafter provided :
The first four (4) weeks of employment, not less than $8.50 per
week; The following three (3) weeks of employment, not less than
$10.00 per week; The following three (3) weeks of employment at
the basic minimum wage for the area concerned as set forth in
Section 2 of this Article. Thereafter, such person shall be paid at
not less than the minimum hourly wage established in Section 3 of
this Article.
" Operator, blocker and/or cutter apprentices shall be paid in
accordance with the following schedule :
The first 4 weeks of emplojanent, not less than the basic minimum
wage for the area concerned as set forth in Section 2 of this Article.
The following 3 weeks of employment, not less than $2.50 per
week more than the basic minimum wage for the area concerned as
set forth in Section 2 of this Article. The following 3 weeks of
employment, not less than $7.00 per week more than the basic mini-
mum wage for the area concerned as set forth in Section 2 of this
Article. Thereafter, such person shall be paid at not less than the
minimum hourly wage for the particular craft established in Section
3 of this Article.
If the operation at which an apprentice is engaged has a piece
work rate and the amount earned at such rate by such apprentice
is more than the minimum weekly rate for apprentices provided
above, such apprentice shall be paid on the piece-rate basis.
(c) The percentage of apprentices in any factory or workroom
shall not exceed ten per cent (10%) of the total number of workers
in each craft in such factory or workroom engaged in blocking,
operating, cutting, and/or trimming; provided, however, that in
exceptional cases the Special Millinery Board may, subject to the
approval of the National Industrial Recovery Board, permit a
larger percentage than that above allowed. At least one (1) ap-
prentice may be employed in each of the crafts enumerated in Section
3 of this Article provided, however, that no classified worker shall be
replaced or displaced by the employment of such apprentice and
131
provided further, that no apprentice shall be allowed in a craft un-
less there is at least one classified worker employed in that craft.
(d) The Special Millinery Board may, subject to the approval
of the National Industrial Recovery Board, provide further rules
and regulations for the effective operation of this Section.
6. To alleviate the distress and undue hardship in special and ex-
ceptional cases wherein a worker properly belonging to this Industry
is threatened with loss of employment or inability to secure em-
ployment because he or she is admittedly of very low productive
capacity, the Special Millinery Board shall have the power, subject
to the disapproval of the National Industrial Recovery Board, to
permit the employment of such worker at a wage less than the basic
minimum wage of this Code established in Section 2 of this Article,
provided it is established to the satisfaction of said Board that such
a person is admittedly of very low productive capacity because of
old age, physical debility, or other sub-normal condition.
The Special Millinery Board may, subject to the approval of the
National Industrial Recovery Board, provide such rules, regulations
and tests as it may deem necessary to establish the fact that such
very low productivity is actual and not based on an inequitably
measured piece-rate or unit of productivity or weekly or hourly rate
of payment.
In no event, shall the provisions of this Section be deemed in
contravention of Executive Order No. 6606-F.
7. All exceptions or exemptions heretofore recommended by the
Special Millinery Board and approved by the Administrator for
Industrial Recovery and/or the National Industrial Recovery Board
and now in effect shall continue to be in full force and effect until
December 15, 1934, unless otherwise limited; provided, however,
that all exceptions and/or exemptions shall remain subject to the
right of revocation by the National Industrial Recovery Board. The
Special Millinery Board may, upon application, and after hearing
and due consideration, recommended the continuance, revision or
modification of these exceptions or exemptions.
8. For the purpose of the effective working of the provisions of
Articles II, III, IV, and V of this Code, the National Industrial
Recovery Board may appoint a Special Millinery Board whose func-
tions shall be as follows :
(a) To recommend to the National Industrial Recovery Board,
after notice, hearing and investigation by the said Board, whether
the wage scales applying to a particular Area, market or a member
of the Industry should be modified by exception or exemption be-
cause of undue and unusual hardship to such Area, market or mem-
ber of the Industry. The National Millinery Code Authority and
all Regional Millinery Code Authorities shall within three (3)
days after the receipt of any application or petition on such matters,
refer sai-d application and/or petitions to said Board.
(b) To investigate, at the direction of the National Industrial
Recovery Board or at the request of the National Millinery Code
Authority or any regional Millinery Code Authority, the effect of
the operation of Articles II, III, IV, and V on fair competitive con-
ditions in the Areas, markets, or localities and to recommend to the
National Industrial Recovery Board amendments or modifications
132
of said Articles on the basis of such findings, which recommendations^
upon the approval of the National Industrial Recovery Board, shall
become effective as part of this Code.
(c) To undertake, at the direction of the National Industrial
Eecovery Board or at the request of the National Millinery Code
Authority, or any Regional Millinery Code Authority, the investi-
gation of other special problems affecting the successful operation of
this Code, and to recommend to the National Industrial Recovery
Board appropriate action thereon, and in the event such recommenda-
tions are for the amendment or modification of this Code, such rec-
ommendations, upon the approval of the National Industrial Re-
covery Board, shall become effective as part of this Code.
(d) To exercise such other powers, functions and duties as have
otherwise been specified in this Code, or as the National Industrial
Recovery Board may hereafter specify.
The Cost of carrying on the work of the Special Millinery Board
shall be borne by the National Millinery Code Authority.
9. Except as above provided, no employee shall be paid at less
than the rates of pay set forth in this Article, regardless of whether
such employee is compensated on a time-rate, piece-rate, or other
basis of compensation.
10. The weekly compensation for employment now in excess of
the minimum wages herein provided shall not be reduced, notwith-
standing that the hours of work in any such employment may be
hereby reduced and piece-rates shall be so adjusted that weekly
earnings at the shorter hours provided in this Code shall be at least
equivalent to those obtaining under the longer hours heretofore
prevailing.
11. All employees shall be paid directly by their employers and the
payroll records shall contain the names or identification number of
the craft and the wages paid to each employee. ►
12. In the event that Section 3 of this Article imposes an undue
hardship on any employer, such employer may petition the Special
Millinery Board for relief. The Special Millinery Board, upon re-
ceipt of such petition, may conduct hearings thereon and in the event
that the petitioner establishes a case of undue hardship, may recom-
mend to the National Industrial Recovery Board such modification of
this Code as may be necessar3^ Any and all decisions of the Special
Board with respect to the disposition of such petitions shall be sub-
ject to appeal to and review by the National Industrial Recovery
Board.
Article V — General Labor Provisions
1. No person under sixteen (16) years of age shall be employed in
the Industry. In the event of a claim of alleged violation of this
section, an employer shall be deemed to have complied with the pro-
visions of this section if he shall have on file and shall submit a cer-
tificate of age issued by the duly authorized department of the State
in which the employer operates, showing the age of the employee
to be no less than the age required by this section.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
133
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities, for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay and other conditions of employment approved
or prescribed by the President.
5. Within each State, this Code shall not supersede any Federal
laws or any laws of such State imposing more stringent requirements
on employers regulating the ages of employees, wages, hours of work,
or health, fire, or general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act or of this Code, nor shall they use any subterfuge to frustrate
the spirit and intent of this Code.
7. All employers shall post and keep posted copies of this Code
in conspicuous places accessible to all employees. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair competition which may
from time to time be prescribed by the National Industrial Recovery
Board.
8. 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 National Industrial Recovery Board within three
(3) months after the effective date hereof.
9. Each employer shall upon request, file with his Regional
Millinery Code Authority proof satisfactory to said Authority of
compliance with all labor laws and regulations, and other similar
laws and regulations relating to the operation of manufacturing
establishments ; provided, however, that the determination by the
Regional Millinery Code Authority as to whether the proof sub-
mitted to it is satisfactory as aforesaid shall be subject to review by
the National Millinery Code Authority and by the National Indus-
trial Recovery Board.
10. Any person, partnership, firm, or corporation which now or at
any time subsequent to the date hereof manufacturers any Millinery
shall be bound by all the provisions of this Code as to all employees
engaged in whole or in part of such manufacture. In case any em-,
ployee shall be engaged partly in such manufacture and partly in
manufacture of goods of another character, this Code shall apply
to each portion of such emploj^ee's time as is applied to the manu-
facture of articles subject to the provisions of this Code.
Article VI ^ — Administration
TEMPORARY NATIONAL MILLINERY CODE AUTHORITY
1. The Code Authority as established pursuant to the provisions
of Article VI of the Code of Fair Competition for the Millinery
2 See paragraph 2 (2) of order approving this Amendment.
134
Industry as approved December 15, 1933, is hereby recognized and
established as a Temporary National Millinery Code Authority. Said
Temporary National Millinery Code Authority shall function as the
administrative agency of this Code pending the establishment of the
National Millinery Code Authority as hereinafter provided ; which
Temporary National Millinery Code Authority shall serve until the
establishment and recognition of said National Millinery Code Au-
thority, provided for herein, but in no event longer than thirty (30)
days after the effective date of this amended Code,
REGIONAL MILLINERY CODE AUTHORITIES
2. (a) Said Temporary National Millinery Code Authority shall
create, subject to the approval of the National Industrial Recovery
Board, and immediately upon the effective date of this Code, nine
(9) Administrative Regions, embracing the principal markets of the
Industry.
(b) In each of said Administrative Regions there shall be con-
stituted a Regional Millinery Code Authority consisting of such
number of Industry Members as hereinafter set forth.
(c) The Industry Members of the said Regional Millinery Code
Authorities shall be elected by the following trade associations in
the manner hereinafter stated. Each manufacturing member of
such trade associations shall be entitled to one vote, and one addi-
tional vote for each employee in the employ of such member as of
August 31, 1934, to wit :
New Englancl Region — Five members to be elected by the New
England Millinery Manufacturers and Jobbers Association.
New York Region — (1) Eight members to be elected by the
Women's Headwear Group, Inc. and (2) Eight members to be
elected jointly by the Eastern Millinery Association, Inc. and the
National Association of Ladies' Hatters, Inc.
Philadelphia Region — ^^Five members to be elected by the Phila-
delphia Millinery Manufacturers Association.
New Jersey Region — Five members to be elected by the Millinery
Manufacturers of New Jersey, Inc.
Southern Region — Five members to be elected jointly by the
Southern Millinery Manufacturers Association and the Dallas Mil-
linery Council.
Pacific Coast Region — Five members to be elected by the Pacific
Coast Millinery Associations.
St. Louis Region — Five members to be elected as follows: four
by the Associated Millinery Industries of St. Louis, Mo. Inc. and
one by the Associated Kansas City Millinery Manufactui-ers.
Chicago Region — Seven members to be elected as follows : five by
the Midwestern Millinery Association, Inc., one by the Wisconsin
Millinery Manufacturers Association and one by the Association of
Millinery Manufacturers of Chicago.
Cleveland Region — Five members to be elected as follows : three to
be elected by the Cleveland Ladies Hat Manufacturers Association
and two members by the Detroit and Buffalo Millinery Manufac-
turers Associations.
(d) In any case where a manufacturer or a member of the In-
dustry is a member of more than one of the aforementioned associa-
135
tions, he shall be entitled to cast his vote in only one such trade asso-
ciation of his own choosing.
(e) Each of the said trade associations aforementioned shall file
with the Temporary National Millinery Code Authority, innnedi-
ately after said election, a certified resolution setting forth :
(a) The manner in which and by whom the election was con-
ducted and the results thereof;
(b) The name of each voting member and the number of votes
cast by such voting member ; and
(c) Such other and further information as shall be required
by the Temporary National Millinery Code Authority.
(f) In addition to the representatives of the Industry, the Na-
tional Industrial Recoveiy Board shall appoint to each Regional
Millinery Code Authority, except the New York Regional Code
Authority, one (1) member with vote, to represent the interests of
Labor. On the New York Regional Code Authority, it shall appoint
two (2) members with vote, to represent the interests of Labor. The
National Industrial Recovery Board may appoint not more than one
member to each such Regional Millinery Code Authority to represent
the National Recovery Administration. Such representative shall
be without vote.
(g) No person not a member of the Industry nor any person in the
employ of either the Temporary National Millinery Code Authority,
or any Regional Millinery Code Authority, or the National Millinery
Code Authority shall be eligible to represent the Industry as a
member of any such Regional Millinery Code Authority.
(h) Each Regional Millinery Code Authority shall deposit with
the National Millinery Code Authority the credentials of its members,
and the National Millinery Code Authority shall deposit such cre-
dentials with the National Industrial Recovery Board. The Na-
tional Millinery Code Authority and/or the National Industrial Re-
covery Board may make from time to time such independent investi-
gation of such credentials as may appear necessary.
(i) The powers and duties of the several Regional Code Author-
ities, in addition to those provided in this Code, shall be defined in
the B3^-Laws of the National Millinery Code Authority, and the
activities of the several Regional Millinery Code Authorities shall be
subject at all times to the supervision and direction of the National
Millinery Code Authority.
Each Regional Millinery Code Authority shall elect, by a two-
thirds {%) majority vote a Deputy Code Director, subject to the
disapproval and/or removal, for cause, by a two-thirds (%) majority
vote of the National Millinery Code Authority.
NATIONAL MILLINERY CODE AUTHORITY
3. A National Millinery Code Authority is hereby constituted to
assist the National Industrial Recovery Board in the administration
of this amended Code. Said National Millinery Code Authority
shall consist of not more than twenty-two (22) members, to be
selected as hereinafter set forth :
(a) Each Regional Millinery Code Authority, other than the New
York Regional Millinery Code Authority and the Chicago Regional
Millinery Code Authority, shall elect, by a two-thirds (%) majority
136
vote, one (1) of its members to the National Millinery Code Author-
ity. Each such member of the National Code Authority shall have
one (1) vote.
(b) The Chicago Regional Millinery Code Authority shall elect,
by a two-thirds (%) majority vote, two (2) of its members to the
National Millinery Code Authority. Each such member of the
National Millinery Code Authority shall have one (1) vote.
(c) The New York Regional Millinery Code Authority shall elect,
by a two-thirds (%) majority vote, nine (9) of its members to the
National Millinery Code Authority. Each such member of the Na-
tional Millinery Code Authority shall have one (1) vote.
(d) The National Industrial Recovery Board shall appoint, on
the nomination of the Labor Advisory Board of the National Re-
covery Administration, two (2) members of the National Millinery
Code Authority to represent the interests of Labor, Each such mem-
ber of the National Millinery Code Authority shall be entitled to one
(1) vote.
(e) In addition to the foregoing, the National Industrial Recovery
Board may appoint not more than two (2) members of the National
Milliner}^ Code Authority to represent the National Recovery
Administration. Such members of the National Millinery Code
Authority shall be without vote,
4. No person who is not a member of the Industry and no person
in the employ of either the Temporary National Millinery Code Au-
thority, or any Regional Millinery Code Authority, or the National
Millinery Code Authority, shall be eligible to represent the Industry
as a member of the National Millinery Code Authority.
5. The National Millinery Code Authority shall elect, by a two-
thirds (2/3) majority vote, a National Code Director.
6. The National Millinery Code Authority shall deposit promptly
with the National Industrial Recovery Board the credentials of each
of its members, and the National Industrial Recovery Board may
make such independent investigation of such credentials as he may
deem necessary. The National Millinery Code Authority shall report
promptly to the National Industrial Recovery Board any changes in
its membership, together with the credentials of any such new mem-
ber or members. The By-Laws of the National Millinery Code
Authority shall specify the manner in which vacancies shall be filled.
7. The National Industrial Recovery Board and any and all mem-
bers appointed by the National Industrial Recovery Board to the
National Millinery Code Authority and/or to the several Regional
Millinery Code Authorities shall be given notice of all meetings,
including special meetings, of the National Millinery Code Au-
thority and of the several Regional Millinery Code Authorities.
8. The National Millinery Code Authority may incorporate under
the laws of any State of the United States, or the District of
Columbia, such corporation to be not for profit and to be known
as the "National Millinery Code Authority, 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 National
Millinery Code Authority, as j^rovided in this Code; provided fur-
ther, that the Code Authority shall submit to the National Industrial
Recovery Board, for its approval, its proposed Certificate of Incor-
137
poration and proposed By-Laws, and no amendment of either shall
be made without the like prior approval of the National Industrial
Recovery Board. If at any time, the National Industrial Recovery
Board shall determine that the corporate status assumed by the
National Millinery Code Authority is interfering with the proper
exercise of its powers and duties under this Code, or with the effectu-
ation of the policies or purposes of the Act, it may. after such notice
and hearing as it may deem necessary, require an appropriate modifi-
cation of the structure of the Corporation (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 Industry, or such other actions
as it may deem expedient. No Regional Millinery Code Authority,
however, shall have the power to incorporate.
9. In order that the National Millinery Code Authority and the
several Regional Millinery Code Authorities shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the National Industrial Recovery
Board may prescribe such hearings as it may deem proper, and
thereafter, if it shall find that the National Millinery Code Author-
ity or any Regional Millinery Code Authority is not truly repre-
sentative 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 National Millinery Code Authority, or any Regional
Millinery Code Authority.
10. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the National Millinery Code
Authority or any Regional Millinery Code Authority shall: (1) Im-
pose 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.
11. Nothing contained in this Code shall constitute the members
of the National Millinery Code Authority or of any Regional Mil-
linery Code Authority partners for any purpose. Nor shall any
member of the National Millinery Code Authority, or of any Regional
Millinery Code Authority be liable in any manner to anyone for any
act of any other member, officer, agent or employee of the National
Millinery Code Authority, or of any Regional Millinery Code Au-
thority. Nor shall any member of the National Millinery Code Au-
thority, or of any Regional Millinery 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 willful misfeasance or nonfeasance.
12. If the National Industrial Recovery Board shall at any time
determine that any action of the National Millinery Code Authority,
or any Regional Millinery Code Authority or any agency thereof
may be unfair or unjust or contrary to the public interest, the Na-
tional Industrial Recovery Board may require that such action be
suspended to afford an opportunity for investigation of the merits
138
of such action, and further consideration by the National Millinery
Code Authority or Regional Millinery 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 dis-
approve after thirty (30) days' notice to it of intention to proceed
with such action in its original or modified form.
POWERS AND DUTIES GE THE NATIONAL MILLINERY CODE AUTHORITY
13. Subject to such rules and regulations as may be issued by the
National Industrial Recovery Board, the National Millinery Code
Authority shall have the following duties and powers, 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 a two-thirds (%) majority vote, by-laws and
rules and regulations for its procedure and for the procedure and
powers and functions of the several Regional Millinery Code
Authorities.
(c) To select a confidential agency. Such agency shall in no way
be engaged in the Industry and all reports received by it shall be
held as secret and confidential, except that they shall be made avail-
able to the National Industrial Recovery Board. Such agency shall
obtain from all members of the Industry reports of such character
and in such form as permitted under this Code and under the Act.
It shall analyze, digest and consolidate such reports and shall dis-
close only general findings based thereon. Such general findings
shall be made available to the National Millinery Code Authority
and to the several Regional Millinery Code Authorities, and to such
members of the Industry as are eligible to participate in the activi-
ties of the Code Authoritv, pursuant to the provisions of subsection
(k) (3) of this Section.
(d) Each member of the Industry shall keep accurate and com-
plete records of its transactions in the Industry whenever such rec-
ords 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 National Millinery Code
Authority or the National Industrial Recovery Board. If the
National Millinery Code Authority or any Regional Millinery 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
National Millinery Code Authority (or the Regional Millinery 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 competitor, whether on the National Milli-
nery Code Authority or on an}^ Regional Millinery Code Authority
or otherwise, or be given any other publication, except such as may
be required for the jDroper administration or enforcement of the
provisions of this Code.
139 ■
(e) To initiate, consider, and make recommendations for the modi-
fication or amendment of this Code. Such recommendations, upon
the approval of the National Industrial Recovery Board, ancl after
thirty (30) days' notice to the members of the Industry, shall become
effective as part of this Code.
(f) To coordinate the Administration of this Code with such
other Code or Codes, if any, as may be related to this Industry.
(g) To employ such trade association and other agencies and
employees as it deems proper to assist in carrying out any of its
activities and to pay the expenses therefor and incidental thereto,
provided that such trade association, other agencies, and employees
comply with the provisions of this Code. Nothing herein shall in
any way relieve the National Millinery Code Authority or any
Regional Millinery Code Authority of any of its responsibilities
under this Code.
(h) To delegate to the several Regional Millinery Code Author-
ities, and to such of their officers, agents and/or employees as they
may select, such of its powers and duties as may be necessary for the
effective administration of this Code. Nothing herein contained,
however, shall relieve the National Millinery Code Authority of any
of its responsibilities under this Code.
(i) To receive complaints of violations of this Code, make in-
vestigations thereof, provide hearings thereon and adjust such com-
plaints, and to bring to the attention of the proper authorities for
prosecution, recommendations and information relative to unad-
justed violations.
( j ) To promote the advancement and stabilization of the Industry
and to cooperate with the trade associations of the Industry in
projects of trade development, and in such connection to devise and
submit plans for such trade development within a period of ninety
(90) days from the effective date of this Code. The National In-
dustrial Recovery Board may, after approval of such plans, approve
by amendment to the budget an item providing for cost of effec-
tuating said trade plans.
(k) To cooperate with the National Industrial Recovery Board in
regulating the use of any N.R.A. insignia.
(1) 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,
(he National Millinery 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
which the funds necessary to support such budget shall be con-
tributed by members of the Industry; and
(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 such members
140
of the Industry, and to that end, if necessar}^, to institute legal
proceedings therefor in its own name.
Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the National Millin-
ery Code Authority, determined as hereinabove provided, and sub-
ject to rules and regulations pertaining thereto issued by the Na-
tional Industrial Recovery Board or its predecessor or successors
in office. Only members of the Industry complying with the Code
and contributing to the expenses of its administration as hereinabove
provided (unless duly exempted from making such contributions)
shall be entitled to participate in the selection of the members of the
National Millinery Code Authority or any Regional Millinery Code
Authority or to receive the benefit of its or their voluntary activities,
or to make use of any emblem or insignia of the National Recovery
Administration.
The National Millinery Code Authority shall not incur or pay
any obligation substantially in excess of the amount thereof as esti-
mated in its approved budget, and in no event shall any obligation
or payment 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.
(m) To recommend to the National Industrial Recovery Board
any action or measures deemed advisable, including further trade
practice provisions to govern members of the Industry in their rela-
tions with each other or with other trades or industries; measures
for industrial planning and stabilization of employment; and in-
cluding modifications of this Code, which shall become effective as
part hereof uj^on approval by the National Industrial Recovery
Board after such notice and hearing as it may specify.
(n) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
Codes as may be related to the Industry for the purpose of formulat-
ing fair trade practices to govern the relationships between employ-
ers under this Code and under such other Codes, to the end that such
fair trade practices may be proposed to the National Industrial
Recovery Board as amendments to this Code and such other Codes.
NATIONAL INDUSTRIAL RELATIONS COMMITTEE
14. There shall be established a National Industrial Relations
Committee for the Industry, which shall consist of an equal member
of representatives 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 agreement. If no truly representative labor organization
exists, the employee members of such Committee may be nominated
by the Labor Advisory Board of the National Recovery Administra-
tion and appointed by the National Industrial Recovery Boarcl. The
employer representatives shall be selected by the National Millinery
Code Authority. Such Committee shall deal with complaints relat-
141
ing to labor provisions of the Code, in accordance with rules and
regulations issued by the National Industrial Eecovery Board. The
National Industrial Relations Committee may establish such divi-
sional, regional, and local Industrial Relations Committees as it may
deem desirable, each of which shall be constituted in like manner
as the National Industrial Relations Committee.
Article VII — N. R. A. Label
1. All millinery manufactured subject to the provisions of this
Code shall bear an N. R. A. label to symbolize to purchasers of said
millinery the conditions under which it has been manufactured.
2. The National Millinery Code Authority shall have the exclu-
sive right in this Industry to issue and furnish said labels to the
members thereof.
3. Each label shall bear a registration number especially assigned
to members of the Industry by the National Millinery Code Au-
thority. It shall remain attached to all such millinery when sold to
the retail and/or wholesale distributor and such labels shall not be
transferable.
4. Any and all members of the Industry may apply to the National
Millinery Code Authority for a permit to use such N. R. A. label,
which permit shall be granted to them only if and so long as they
comply with this Code.
5. 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 indi-
vidual 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 National
Millinery Code Authority shall subject to the approval of the Na-
tional Industrial Recovery Board establish rules and regulations and
appropriate machinery for the issuance of labels and the inspection,
examination and supervisions of the practices of members of the
Industry.
6. The charge made for such labels by the National Millinery Code
Authority shall be subject, at all times, to the supervision and orders
of the National Industrial Recovery Board.
Article VIII — Trade Practices
1. Inaccwrate advertising. — No member of the Industry shall
publish advertising (whether printed, radio, display, or of any other
nature) which is misleading or inaccurate in any material particu-
lar, 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.
2. False Billing.— ^o member of the Industry shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any particular.
3. Inaccurate Labelling. — No member of the Industry shall brand
or mark or pack any goods in any manner which is intended to or
142
does deceive or mislead purchasers with respect to the brand, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material content, or preparation of such goods.
4. Defamation. — No member of the Industry shall defame a com-
petitor by falsely imputing to him dishonorable conduct, inability to
perform contracts, questionable credit standing, or by other false
representation, or by falsely disparaging the grade or quality of his
goods.
5. Threats of Laic^ Suits. — No member of the Industry shall pub-
lish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers.
6. Secret Rebates. — No member of the Industry shall secretly offer
or make any payment or allowance of a rebate, refund, commission,
credit, unearned discount, or excess allowance, whether in the form of
money or otherwise, nor shall a member of the Industry offer or
extend to any customer any special service, or privilege not extended
to all customers of the same class, for the purpose of influencing a
sale.
7. Selling on Consigntnent or Approval. — No member of the In-
dustry shall ship goods on consignment or subject to approval,
except under conditions established by the National Millinery Code
Authority and approved by the National Industrial Recovery Board.
8. BHhing. — (a) No member of the Industry shall give, permit to
be given or offer to give, anything of value for the purpose of in-
fluencing or rewarding the action of any employee, agent or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent, 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.
(b) No member of the Industry shall give or offer to give any-
thing of value for the purpose of influencing or rewarding the action
of any agent or employee of the National Millinery Code Authority
or any Regional Millinery Code Authority.
9. Inducing Breach of Existing Contracts. — No member of the In-
dustry shall induce or attempt to induce the breach of an existing
contract between a competitor and his customer by any false or
deceptive means, or interfere with or obstruct the performance of
such contractual duties or services bj any such means, with the
purpose and effect of hampering, injuring, or embarrassing a
competitor in his business.
10. Return of Merchandise. — No member of the Industry shall
accept for credit, the return of merchandise from a purchaser unless
such merchandise is not in accordance with the purchaser's specifica-
tions or not in accordance with the order placed. In such event, such
merchandise may be returned not later than five (5) days after the
receipt thereof.
The National Millinery Code Authority shall, subject to the ap-
proval of the National Industrial Recovery Board, and subject to
143
such notice and hearing as it shall specify, devise plans to give effect
to the operation of this section.
11. Orders and Cancellations. — Every order placed by purchaser
with manufacturers stationery or their own order book or otherwise
must have a delivery date thereon. Cancellation of orders within
the specified delivery date is prohibited, except under circumstances
to be defined by the National Millinery Code Authority and ap-
proved by the National Industrial Recovery Board. Where the
buyer does not state a definite delivery date on his order blank or
the firm's order blank, then two weeks time shall be considered the
delivery date.
12. Terms and Discounts. — No member of the Industry shall allow
any cash discount in excess of seven per cent (Y%) if paid within
ten (10) days, except that E.O.M. dating may be granted on a seven
per cent (7%) ten (10) day basis, and payment may be anticipated
at the rate of six per cent (6%) per annum, and all shipments made
on or after the 25th day of any month may bear dating as of the
first day of the following month, but no shipments made prior to the
25th day of any month shall, under any circumstances, bear such
dating.
13. F. O. B. Shipments. — All shipments of millinery by members
of the Industry shall be made f . o. b. city of manufacture.
14. Allowance for Advertising. — No member of the Industry shall
pay directly or indirectly any part of the advertising expenses of a
purchaser or prospective purchaser or the agent or agents of such
purchaser or prospective purchaser. This prohibition shall not
apply, however, to the supplying of cuts, matrices, and window cards.
15. Trade Name Labels. — Whenever a purchaser desires to have
special labels or linings used in millinery, the member of the
Industry shall, as a condition to the use of such special labels
or linings require the purchaser or his agent to furnish without cost
to the member of the Industry such special labels or linings. The
member may attach such label or linings without any charge to the
purchaser.
16. Copying or Piracy in the Industry. — The National Millinery
Code Authority shall undertake a complete investigation of Style
Piracy in the Millinery Industry, and shall recommend to the Na-
tional Industrial Recovery Board, as promptly as possible, appro-
priate means for the regulation and control of Style Piracy, which
recommendations shall be the subject of a public hearing, and af+^er
due notice and upon the approval of the National Industrial Re-
covery Board, shall become effective provisions of this Code.
Article IX — Modification
1. This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 of the Act, from time to time to can-
cel 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 National
Industrial Recovery Board, be amended or eliminated in such man-
107954^35 5
144
ner 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 amended or eliminated, shall remain in effect until
June 16, 1935.
Article X — Monopolies, Etc.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or dis-
criminate against small enterprises.
Article XI — Effective Date
This amended Code shall become effective on the second Monday
after its approval by the National Industrial Recovery Board.
Article XII
The repeal, implied or otherwise, of the Code of Fair Compe-
tition for the Millinery Industry, No. 151, as approved December
15, 1933, and as amended by Administrative Order dated March 24,
1934, shall not have the effect to release or extinguish any penalty,
forfeiture or liability incurred under such Code as so amended, and
such Code as so amended shall remain in force and effect for the
purpose of sustaining any proper action or prosecution for the
enforcement of any such penalty, forfeiture cr liability.
Approved Code No. 151 — Amendment No. 2.
Registry No. 228-03.
Approved Code No. 105B — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
REPLACEMENT AXLE SHAFT MANUFACTURING
INDUSTRY
As Approved on November 9, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Compe-
tition FOR THE Replacement Axle Shaft Manufacturing
Industry
a PRODUCT GROUP OF THE REPLACEMENT PARTS DIVISION OF THE AUTO-
MOTIVE 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 Re-
placement Axle Shaft Manufacturing Industry, and hearings having
been duly held thereon and the annexed report on said amendment,
containing findings with respect thereto, having been made and
riiT*Po^pri ^o 1"np r^T*pmrlP7ii' *
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 W. A. Harriman, Administrative Ofjicer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
November 9, 193^.
(145)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: An application has been duly made pursuant to and in fuH
compliance with the provisions of the National Industrial Recovery
Act, for an amendment to the Supplementary Code of Fair Competi-
tion for the Replacement Axle Shaft Manufacturing Industry, sub-
mitted by the Administrative Committee on behalf of the Code
Authority.
The purpose and eifect 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 method of assessment upon
which funds shall be contributed by members of the Industry.
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 ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 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 industrj^ 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.
(146)
147
(f) Those engaged in other steps oi 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 Recover^!
Board has approved this amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
Admirdstrativi Oft^cet.
November 9. 1934,
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE REPLACEMENT AXLE SHAFT
MANUFACTURING INDUSTRY
A PRODUCT GROUP OF THE REPLACEMENT PARTS DIVISION OF THE AUTO-
MOTIVE 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.
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 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
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the National Industrial
Recovery Board. Only members of the industry complying with
the code and contributing to the expenses of its administration as
hereinabove provided, (unless duly exempted from making such con-
tributions), shall be entitled to participate in the selection of mem-
bers of the Code Authority or to receive the benefits of any of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
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.
Approved Code No. 105B — Amendment No. 1.
Registry No. 1404-33.
(148)
Approved Code No. 214 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SLIT FABRIC MANUFACTURING INDUSTRY
As Approved on November 9, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Slit
Fabric 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 Slit Fabric Manufactur-
ing Industry, and an Opportunity to be Heard having been duly
afforded members of the Industry and the annexed report on said
amendment, containing findings with respect thereto, having been
made and directed to the President.
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board pursuant to 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 it is hereby approved, and that the previous ap-
proval of said Code is hereby amended to include an approval of
said Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended:
Prentiss L. Coonley,
Acting Division Administrator,
Washington, D. C,
November 9, 1934.
(149)
REPOKT TO THE PRESIDENT
The President,
The 'White House.
Sir: The Code Authority for the Slit Fabric Manufacturing In-
dustry submitted a proposed amendment to the Code of Fair
Competition for the Slit Fabric Manufacturing Industry. This
amendment was presented to the Legal Division of the National
Recovery Administration and received its approval.
As this amendment was in accordance with standard form and
consistent with the policies of the Administration, a Public Hearing
was considered unnecessary, and in lieu of the Public Hearing,
Notices of Opportunity to be Heard were printed and distributed
in the same manner as the Notice of Public Hearing. A specified
date was set forth in such notices, by which time objections and
criticisms were to be received relative to this amendment. Up to
and including the dates specified in such notices, no objections or
criticisms were received.
The gist of this amendment is that it makes it compulsory for all
members of the Industry to pa}^ its equitable contribution to the
expense of the maintenance of the Code Authority.
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 :
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 ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the purpose
of cooperative action of labor and management under adequate
governmental sanctions and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent 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.
(150)
151
(e) The amendment and the Code as amended are not designed
to and will not eliminate or 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 this amendment has been approved.
For the National Industrial Kecovery Board :
W. A. Harrevean,
Ad7)iinistrative Oiflcer.
November 9, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
SLIT FABRIC MANUFACTURING INDUSTRY
Delete paragraphs (h) and (i), for Article VI, Section 2, and
renumber paragraph (j) to paragraph (h).
Delete Section 3 of Article VI.
In Article VI change the number of Section 4 to Section 6.
The following amendment shall be designated as Article VI, Sec-
tion 3 with paragraphs (a), (b), and (c). Section 4 and Section 5:
Article VI
3. 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 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 con-
tribution 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 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.
5. 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 approved.
Approved Code No. 214 — Amendment No. 1.
Registry No. 299-04.
(152)
Approved Code No. 308B — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
WHOLESALE LOBSTER INDUSTRY
As Approved on November 9, 1934
ORDEK
Approving Amendments of Supplementary Code of Fair Com-
petition FOR the Wholesale Lobster Industry
A DIVISION OF THE FISHERY 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 Supplementary Code of Fair Competition for the Whole-
sale Lobster Industry (a Division of the Fishery Industry), and
opportunity to be heard having been afforded all members of the
wholesale lobster industry and any objections filed having been duly
considered, and the annexed report on said amendments, 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 amendments
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
amendments be and they are hereby approved, and that the previous
approval of said code is hereby modified to include an approval of
said code in its entirety as amended, such approval and such
amendment to take effect ten days from the date hereof, unless good
cause to the contrary is shown to the National Industrial Recovery
Board before that time and the said Board issues a subsequent order
to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Ofjicer.
Approval recommended:
Armin W. Riley,
Division Adrrmvistrator.
Washington, D. C,
November 9, 1934.
(153)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on amendments to Article VIII, Title D (by
the addition of Sections 2, 3 and 4) of the Supplementary Code of
Fair Competition for the Wholesale Lobster Industry (a Division
of the Fishing Industry), No. 308 — Supplement No. 2. This sup-
plementary code was approved by the Administrator on April 13,
1934.
Pursuant to Executive Order No. 6678, dated April 14, 1934, the
Executive Committee for the Wliolesale Lobster Industry, in ac-
cordance with Article IX of said code, having found it necessary in
order to support the administration of said code and to maintain the
standards of fair competition established by said code and to effec-
tuate the policies of the Act, has made application for amendments
to said code incorporating model budget and basis of contribution
provisions.
The Acting Deputy Administrator in his final report to the Na-
tional Industrial Recovery Board on said amendments to said code
having found as herein set forth and on the basis of all 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
governmental sanction and supervision, looking to the elimination
of 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 the increasing of purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) The code as amended complies m all respects with the per-
tinent provision of said title of said act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amendments and the code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendments and the code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(154)
155
(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.
In accordance with Executive Order No. 6678, dated April 14,
1934, the amendments to said code have been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative O'fficer.
November 9, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE WHOLESALE LOBSTER IN-
DUSTRY
A DIVISION OF THE FISHERY INDUSTRY
Amendments to Article VIII, Title D
Section 2. It being found necessary in order to support the admin-
istration of this divisional code and to maintain the standards of
fair competition established by this divisional code and to effectuate
the policies of the Act, the Executive 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 through the assessments provided for
in Article VIII, Title E, Section 1, of said national code and in
Article VIII, Title D, Section 1, of this divisional code and which
shall be held in trust for the purposes of said national code in ac-
cordance with its terms and for the purposes of this divisional 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 administra-
tion of this divisional code and for its contribution to the code ad-
ministration expense of the National Code Authority, and (2) an
equitable basis (which shall not contravene said national code as to
the assessments provided for therein) upon which the funds neces-
sary to support such budget shall be contributed by members of the
wholesale lobster 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. wholesale
lobster industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
Section 3. Each member of the wholesale lobster industry shall
pay his or its equitable contribution to the expenses of administering
the said national code and this divisional code as in said codes pro-
vided, subject to rules and regulations pertaining thereto issued by
the Administrator. Only members of the wholesale lobster industry
complying with this divisional code and contributing to the expense
of the administration of said national code and this divisional code
as in said codes provided, unless duly exempted from making such
contribution, shall be entitled to participate in the election of mem-
bers of the Executive 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 4. The Executive Committee shall neither incur nor pay
any obligation substantially in excess of the amount thereof as esti-
(156)
157
mated in its approved budget, and shall in no event exceed the total
amount contained in the approved budget, except upon approval of
the Administrator ; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 308 B— Amendment No. 1.
Registry No. 117-12.
Approved Code No. 84J — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
CUTLERY, MANICURE IMPLEMENT AND PAINT-
ERS AND PAPERHANGERS TOOL MANUFACTUR-
ING AND ASSEMBLY INDUSTRY
As Approved on November 12, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Competi-
tion FOR THE Cutlery, Manicure Implement and Painters and
Paperhangers Tool Manufacturing and Assembling Indusitjy
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 approval of an amendment
to a Supplementary Code of Fair Competition for the Cutlery, Mani-
cure Implement and Painters and Paperhangers Tool Manufacturing
and Assembling 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:
NOW. THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to authority
vested in it by Executive Orders of the President, including Execu-
tive 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 constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of said
Act, and does hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Supplementary-
Code is hereby amended to include an approval of said Supplemen-
tary Code in its entirety as amended, such approval and such amend-
107954—35 6 (159)
160
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 effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended:
KiLBouRNE Johnston,
Acting Division Administrator.
Washington, D. C,
Novemler 12, 193Jf.
I
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 Cutlery, Manicure Implement and Paint-
ers and Paperhangers Tool Manufacturing and Assembling Indus-
try by the Supplementary Code Authority for that Industry.
The Supplementary Code of Fair Competition for the Cutlery,
Manicure Implement and Painters and Paperhangers Tool Manu-
facturing and Assembling Industry was approved on March 26, 1934.
Article IV, Section 6, Subsection (e) provides that:
"(e) To distribute the expense incurred in connection with its
activities relative to the administration of this Supplementary Code
among the members of the Industry, the share of said expense to be
paid by each member of the Industry, to be based upon the volume
of business and/or such other factors as the Supplementary Code
Authority may prescribe, and every member of the Industry subject
to the jurisdiction of this Supplementary Code shall pay to the Sup-
plementary Code Authority his or its proportionate share of the
cost of maintaining such Supplementary Code Authority. When
such proportionate share to be paid by each member of the Industry
has been determined, the Supplementary Code Authority shall notify
each member of the Industry of the amount thereof, and said mem-
ber of the Industry shall promptly pay said amount to the Supple-
mentary Code Authority at such times and in such installments as
the Supplementary Code Authority may require. Any unreasonable
delay in making such payment or refusal to make same shall be a
violation of this Supplementary Code."
The above Section of Article IV in effect provides for voluntary
contribution on the part of the members of the Industry. This
method of providing funds for the proper administration of the
Supplementary Code has been found to be unsatisfactory. The
present amendment is therefore proposed to create a legal obliga-
tion on the part of the Industry members to pay their pro rata share
of the expenses of the Supplementary Code Authority.
FINDINGS
The Assistant Deputy Administrator, in his final report to the
National Industrial Recovery Board on said amendment of said
Supplementary Code, having found as herein set forth and on the
basis of all of the proceedings in this matter :
(161)
162
It finds that :
(a) The amendment of said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act includino; the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of Industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating Industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7, and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, it has approved this amendment.
For the National Industrial Recovery Board :
W. A. Haeriman,
Administrative Officer.
November 12, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE CUTLERY, MANICURE IMPLE-
MENT AND PAINTERS AND PAPERHANGERS TOOL
MANUFACTURING AND ASSEMBLING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
Amend Article IV, by deleting Subsection (e) of Section 6 and
substituting in place thereof the following :
Section 6 (e). 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 author-
ized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Supplementary Code.
(b) To submit to the National Industrial Recovery Board for its
approval, subject to such notice and opportunity 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 bj^ 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 In-
dustrial 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 mem-
bers of the Supplementary Code Authority or to receive the benefit
of any of its voluntary activities or to make use of any emblem or
insignia of the National Recovery Administration.
3. The Supplementary Code Authority shall neither incur nor pay
any obligation substantially in excess of the amount thereof as esti-
(163)
164
mated in its approved budget, and shall in no event exceed the total
amount contained in the approved budget, except upon approval of
the National Industrial Recovery Board; and no subsequent budget
shall contain any deficiency item for expenditures in excess of prior
budget estimates except those which the National Industrial Recovery
Board shall have so approved.
Approved Code No. 84J — Amendment No. 1.
Registry No. 1108-05.
Approved Code No. 304 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
OUTDOOR ADVERTISING TRADE
As Approved on November 12, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Outdoor Advertising 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 Outdoor Advertising
Trade, 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, 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 W. A. Harriman, AdTnimstrative O^cer.
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D. C,
Novemler 12, 1931^.
(165)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : The Temporary Code Authority for the Outdoor Advertising
Trade submitted on July 26, 1934 a request for the amendment of
their Code to incorporate therein the provisions covering the man-
datory collection of exjDenses for the maintenance of the Code
Authority.
Such an amendment involves the deletion of Article VI, Section
15, by substituting in lieu thereof the standard provisions govern-
ing the said mandatory assessments.
On September 22, 1934, Notice of Opportunity to file criticisms,
objections, or suggestions concerning said amendment was issued.
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 among trade groups, by inducing and maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, liy 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 temporaril}^ required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as 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.
(cl) 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.
(166)
167
(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 :
W. A. Harriman,
Adnrdnistrative Officer.
November 12, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE OUTDOOR ADVERTISING TRADE
Modify Article VI by deleting Section 15 and substituting' in lieu
thereof the following:
15 (a). It being found necessary in order to support the adminis-
tration of this code and to maintain the standards of fair competition
established thereunder 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 Trade.
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 Trade,
and to that end, if necessary, to institute legal proceedings therefor
in its own name.
(b). Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and 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, unless duly exempted from making such contributions, shall be
entitled to participate in the selection of members of the Code Au-
thority or to receive the benefits of any of its voluntary activities or
to make use of any emblem or insignia of the National Recovery
Administration.
(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 or expenditures in excess of prior budget esti-
mates except those which the National Industrial Recovery Board
shall have so approved.
Approved Code No. 304 — Amendment No. 1.
Registry No. 1702-23.
(168)
Approved Code No. 283 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
READY-MADE FURNITURE SLIP COVERS
MANUFACTURING INDUSTRY
As Approved on November 12, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Ready-Made Furniture Slip Covers 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 Ready-Made Furniture
Slip Covers Manufacturing Industry, and an opportunity to be heard
thereon having been given and the annexed report on said amend-
ment, containing findings with respect thereto, having been made
and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, 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
gaid 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, Ad/ministrative Officer.
Approval recommended:
Prentiss L. Coonley,
Acting Division Adm/mistrator.
Washington, D. C,
November 12, 193^.
(169)
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 Ready-Made Furniture Slip Covers Manufacturing
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.
Article VII, Section 4, is amended to include the mandatory assess-
ment clause contained in the executive Order No. 6678. dated April
14, 1934.
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
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects Avith the perti-
nent proA'isions 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,
(170)
171
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For the above reasons this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Ofjicer.
November 12, 1934.
AMENDMENT TO CODE OF FAIK COMPETITION FOR
THE READY-MADE FURNITURE SLIP COVERS MANU-
FACTURING INDUSTRY
Section 4 of Article VII shall be amended to read as follows:
" 4. — I. 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 ma}^ 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 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.
II. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the National Industrial
Recovery Board. Only members of the Industry complying with
the Code and contributing to the expenses of its administration as
hereinabove provided, unless duly exempted from making such con-
tributions, shall be entitled to participate in the selection of 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.
III. The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in its approved budget except upon approval of the
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."
Sections 6 (g) and (h) of Article VII shall be omitted.
Approved Code No. 283 — Amendment No. 1.
Registry No. 290-39.
(172)
Approved Code No. 342 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SANITARY AND WATERPROOF SPECIALTIES
MANUFACTURING INDUSTRY
As Approved on November 12, 1934
ORDER
Approving Amendment or Code of Fair Competition for the
Sanitary and Waterproof Specialties 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 Sanitary and Water-
proof Specialties Manufacturin,g Industry, and Notice of Oppor-
tunity to be Heard having been duly afforded all members of the
Industry and the annexed report on said amendment, containing find-
ings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it, by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise;
does hereby incorporate, by reference, said annexed report and does
find that said amendment and the Code as constituted after being
amended comply in all respects with the pertinent provisions and
will promote the policy and purpose 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,
ByW. A. Harriman, Admiinistrati've Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
November 12, WSIi-.
(173)
REPORT TO THE PRESIDENT
The President,
The White Bouse.
Sir: The Code Authority for the Code of Fair Competition for
the Sanitary and Waterproof Specialties Manufacturing Industry
has submitted a proposed amendment to this Code. After conferring
with members of the Code Authority and representatives of the vari-
ous advisory boards of the National Recovery Administration, Notice
of Opportunity to be Heard was afforded the members of this Indus-
try through the published notice of August 6, 1934, said Notice hav-
ing expired on August 18, 1934, with no criticisms of, objections to,
or suggestions having been submitted.
This amendment amended Article VI, Section 3 (h) by deleting
that section and substituting therefor provisions authorizing the col-
lection of funds for the purpose of administering Code Authority
expenses. These provisions will be identified as Article VI, Section
3 (h) 1, 2, 3, 4, 5 and 6.
The Acting Deputy Administrator, in his final report to the Na-
tional Industrial Recovery Board on the 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 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 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 limitation
Subsection (a) of Section 3. Subsection (a) of Section 7, and Subsec-
tion (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendment to the Code as amended is not designed to
and will not permit monopolies or monopolistic practices.
(174)
175
(e) The amendment and the Code as amended are not designed to
and will not eliminate ov oppress small enterprises and will not oper-
ate to discriminate against them.
(f ) Those engaged in other ^teps 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:
W. A. Harriman,
Administrative O^cer.
November 12, 1934.
107064—38
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE SANITARY AND WATERPROOF SPECIALTIES
MANUFACTURING INDUSTRY
Section 3 (h) of Article VI, shall be deleted and the following
inserted under said Article VI, Section 3 (h).
(h) 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 policj^ 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 necessai*y (1) an itemized budget of its estimated expenses
for the foregoing purposes, and (2) an equitable basis upon which
the funds necessary to support such budget shall be contributed by
members of the industry ;
3. After such budget and basis of contribution have been approved
b}^ the National Industrial Recovery Board, to determine and obtain
equitable contribution as above set forth by all members of the in-
dustry, and to that end, if necessary, to institute legal proceedings
therefor in its own name.
4. Each member of the industrj^ 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 dul3' exempted from making such contri-
butions,) shall be entitled to participate in the selection of the 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.
5. 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 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.
6. Section 2 of Article VI, is hereby deleted.
Approved Code No. 342 — Amendment No. 1.
Registry No. 899-1-01.
(176)
Approved Code No. 338 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WOODEN INSULATOR PIN AND BRACKET
MANUFACTURING INDUSTRY
As Approved on November 12, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Wooden Insulator Pin and Bracket 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 the Code of Fair Competition for the Wooden Insulator Pin and
Bracket Manufacturing 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 authority
vested in it by Executive Orders of the President, including Execu-
tive Order No. 6859, and otherwise, does hereby incorporate by refer-
ence 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 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 said Board before that time and
the Board issues a subsequent Order to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Adininistrative Officer.
Approval recommended :
W. P. Ellis.
Acting Division Administrator.
Washington, D. C,
November 12, 193Jf.
(177)
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 Wooden Insulator Pin and Bracket Manufacturing
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 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 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-
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
xchabilitating 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.
(178)
179
(d) The amendment and the code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, we have approved this amendment.
For the National Industrial Eecovery Board :
W. A. Harriman,
Administrative Officer^
November 12, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
WOODEN INSULATOR PIN AND BRACKET MANUFAC-
TURING INDUSTRY
Delete sub-section (e) of Section 1, Article VI. and substitute in
lieu thereof the following-:
Suh-section {e).
1. It being found necessary in order to support the administration
of this code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the polic}^ of the Act, the Code
Autliority 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 ap-
proval, 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 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 oAvn 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 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
Autliority 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 ai)proval 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.
Delete sub-section (g) of Section 2, of Article VI, and redesignate
sub-section (h) as sub-section (g).
Approved Code No. 338 — Auieiidnieut No. 1.
Registry No. 33O-1-01.
(180)
Approved Code No. 226 — Amendment No. 6
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LIGHT SEWING INDUSTRY EXCEPT GARMENTS
As Approved on November 14, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Light Sewing Industry Except Garments
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Light Sewing Indus-
try Except Garments, 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 Ordei^ 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,
provided that Article VI, Section 2 (d). Paragraph 2 is also
hereby amended by deleting therefrom the words " and assent in
writing to the Code ", so that said paragraph 2 will read " Only
members of the industry who comply with the requirements of the
Code and contribute to the expense of its Administration as pro-
vided herein, shall be entitled to participate in the selection of the
members of the several Divisional Committees and to receive the
benefits of their voluntary activities or to make use of any National
Recovery Administration Insignia. Failure to contribute to the
expenses of the administration of this Code, as provided herein,
shall constitute a violation of the Code ", and that the previous ap-
proval 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, Adininistrative Officer.
Approval recommended:
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
November 11^, 193Jf.
(181)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an amendment of the Code of Fair Com-
petition for the Light Sewing Industry Except Garments. The
amendment which is attached was presented by the Code Authority.
A Public Hearing, of which due notice was given all interested
parties, was held September 12, 1934 on this amendment. All per-
sons who requested were fairly heard in accordance with rules and
regulations of the National Industrial Recovery Act.
A new Article is added to the Code which provides that all mem-
bers of the Comfortable, Mattress Cover and Quilting Divisions
shall aiRx to all their products an official N. R. A, label.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendment to said Code having
found as herein set forth and on the basis of all 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 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-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industr3^
(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.
(182)
183
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For the above reasons this amendment has been approved.
For the National Industrial Recovery Board:
W. A. Harriman,
Administrative Officer.
November 14, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LIGHT SEWING INDUSTRY EXCEPT GARMENTS
The Code of Fair Competition for the Light Sewing Industry
Except Garments shall be amended by adding an Article XI, to read
as follows :
" Subject to all rules, regulations, and orders concerning issuance
and/or use of labels heretofore or hereafter prescribed by the Na-
tional Industrial Recovery Board, all members of the Mattress Cover,
Comfortable and Quilting Divisions of the Industry shall affix to all
their products, official Labels issued by the respective Divisional Com-
mittees, bearing thereon the N. R. A. insignia, this provision to be
effective on such date, not later than 45 days after approval of this
Article, as the respective Divisional Committees may prescribe, pro-
adding all members of the respective Divisions shall be given due
notice of the aforesaid effective date b}' the respective Divisional
Committees."
Approved Code No. 226 — Amendment No. fi.
Registry No. 299-50.
(184)
Approved Code No. 347 — Amendment No. 7
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MACHINERY AND ALLIED PRODUCTS INDUSTRY
As Approved on November 14, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Machinery and Allied Products 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 amendment
to a Code of Fair Competition for the Machinery and Allied Products
Industry, and hearings having been duly held thereon and the an-
nexed report on said amendment, containing findings with respect
thereto, having been made and directed to the President :
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 Execu-
tive 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 saicl Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Barton W. Murray.
Division A dmin istrator.
Washington, D. C,
Novemher U, 193 U.
(185)
KEPOKT TO THE PKESIDENT
I'he President,
The White House.
Sir : This is a report on the amendment to the Code of Fair Com-
petition for the Machinery and Allied Products Industry, hearing
having been conducted thereon in Washington. September 25, 1934.
The amendment, which is attached, was presented by the Basic Code
Authority.
The Code for the Machinery and Allied Products Industry pro-
vides in Article VII, Section (a) that:
" Upon request of any trade association, organization, or group of
'employers representative of machinery or allied products not specifi-
cally defined in Article II thereof, the Basic Code Authority may
make application to the Administrator for amendment of the
Code of Fair Competition for Machinery and Allied Products In-
■ dustr}^ with respect to the definition of the Industry by addition
thereto of a specific definition covering such products and. upon ap-
proval by the Administrator of said amendment, the employers con-
cerned therewith shall become members of the Industry, and shall
be organized by Basic Code Authority into a subdivision, with a Code
Authority to be created as provided in Article VI of the Code of Fair
Competition for the Machinery and Allied Products Industry. Con-
currently with applications for amendment to definition, such group
of employers concerned therewith shall make application to the Ad-
ministrator for a Supplemental Code as provided in Article I of
the Code of Fair Competition for the Machinery and Allied Products
Industry (applicable solely to such Subdivision and dealing with
subjects not provided for by the Code of Fair Competition for the
Machinery and Allied Products Industry). Upon approval by the
Administrator such Supplemental Code shall be binding on such
Subdivision and upon each employer therein."
This amendment provides that Article II of the Code of Fair
Competition for the Machinery and Allied Products Industry be
amended to include the definition of the Coal Cutting Machine
Subdivision.
A Supplemental Code has been filed for this Subdivision and a
public hearing has been conducted thereon. The economic effect of
including this Subdivision in this Code will be shown when the
Supplemental Code is submitted for approval.
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
(186)
187
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empoAvers 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, this Amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Officer^
November 14, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
"Article II — Definitions "
Add the following additional paragraph as Paragraph 49 :
(49) " Coal Cutting Machine Subdivision means the manufactur-
ing and/or assembling for sale and selling by the manufacture]-
and/or assembler, of coal cutting machines most commonly used un-
derground in coal mines, but which may be used in the production
of other minerals such as rock salt, potash, and gypsum. Included
in the manufacturing and/or assembling for sale and selling of coal
cutting machines are spare, repair and replacement parts thereof and
supplies and/or equipment incident thereto when manufactured
and/or sold by the manufacturer of such coal cutting machines."
Approved Code No. 347 — Amendment No. 7.
Registry No. 1399-65.
(188)
Approved Code No. 347 — Amendment No. 6
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MACHINERY AND ALLIED PRODUCTS INDUSTRY
As Approved on November 14, 1934
ORDER
Appro\tng Amexdmext of Code or Fair Competitiox for the
Machixery and Allied Products Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Machinery and Allied
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, d^ted September 27, 1934, and otherwise;
does hereby incorporate, by reference, said annexed report and does
find that saiel amendment and the Cmle 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 Oiflcer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D, C,
November 11^, 193Jf.
(189)
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 Machinery and Allied Products Industry, hearing
having been conducted thereon in Washington, September 25, 1934.
The amendment, which is attached, was presented by the Basic Code
Authority.
The Code for the Machinery and Allied Products Industry pro-
vides in Article VII, Section (a) that:
" Upon request of any trade association, organization, or group
of employers representative of machinery or allied products not
specifically defined in Article II thereof, the Basic Code Authority
may make application to the Administrator for amendment of the
Code of Fair Competition for Machinery and Allied Products In-
dustry with respect to the definition of the Industry by addition
thereto of a siDecific definition covering such products and, upon
approval by the Administrator of said amendment, the employers
concerned therewith shall become members of the Industry, and
shall be organized by Basic Code Authority into a subdivision, with
a Code Authority to be created as provided in Article VI of the
Code of Fair Competition for the Machinery and Allied Products
Industry. Concurrentl}' with applications for amendment to defini-
tion, such group of employers concerned therewith shall make appli-
cation to the Administrator for a Supplemental Code as provided
in Article I of the Code of Fair Competition for the Machinery
and Allied Products Industry (applicable solely to such Subdivi-
sion and dealing with subjects not provided for by the Code of Fair
Competition for the Machinery and Allied Products Industry).
Upon approval b}^ the Administrator such Supplemental Code shall
be binding on such Subdivision and upon each employer therein."
This amendment provides that Article II of the Code of Fair
Competition for the Machinery and Allied Products Industry be
amended to include the definition of the Coal Mine Loading Machine
Subdivision.
A Supplemental Code has been filed for this Subdivision and a
public hearing has been conducted thereon. The economic effect of
including this Subdivision in this Code will be shown when the
Supplemental Code is submitted for approval.
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 :
(190)
191
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 flov^ 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 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 limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(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 these reasons, this Amendment has been approved-
For the National Industrial Recovery Board :
W. A. Harriman,
Admin/strative Officer..
November 14. 1934.
1( '7954— 35 8
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
MACHINERY AND ALLIED PRODUCTS INDUSTRY
" Article II — Definitions "
Add the following additional paragraph as Paragraph 48:
(48) " Coal Mine Loading Machine Subdivision means the manu-
facturing and/or assembling for sale and selling by the manufac-
turer and/or assembler, for use in loading coal or other material
underground in coal mines, mobile types of loading machines;
including spare, repair and replacement parts thereof and supplies
and/or equipment incident thereto when manufactured and/or sold
by a manufacturer of such mobile types of loading machines."
Approved Code No. 347 — Amendment No. 0.
Regi.stry No. 1399-65.
(192)
Approved Code No. 457 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CAP AND CLOTH HAT INDUSTRY
As Approved on November 15, 1934
ORDER
A-PPROviNG Amendment of Code of Fair Competition for the Cap
AND Cloth Hat 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 Cap and Cloth Hat
Industry, and an opportunit}' to be heard having been afforded
thereon and the annexed report on said amendment containing find-
ings with respect thereto having been made and directed to the
President *
NOW, THEREFORE, the National Industrial Recovery Board,
pursuant to authority vested in it by Executive Orders of the Presi-
dent, 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 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 Code is
hereby amended to include an approval of said Code in its entirety
as amended.
National Industrial Recovery Board.
By W. A. Harriman, Admmisfrafive Officer.
Approval recommended :
Prentiss L. Coonlet,
Acting Division Admimstrat&r.
Washington, D. C,
November 15, 19SJf.
(193)
REPORT TO THE PRESIDENT
Tlie President,
Th-e 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 Cap' and Cloth Hat Industry, and an Opportunity to be Heard
on such proposed amendment was published October 6, 1934.
This amendment is submitted in the form as revised in accord-
ance with objections received and provides that no meml)er of the
industry may be permitted to allow any cash discount in excess of
seven (7%) per cent, ten (10) days. E. O. M.
This amendment was proposed by the Code Authority pursuant to
Article YI, Section 6, sub-section (1) of the Code, and Ihe Code Au-
thority, empowered by said Article VI, Section 6, sub-section (1) of
the Code to act in behalf of the Industry, finds this amendment in its
present form acceptable.
The Deputy 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 :
The National Industrial Recovery Board finds that :
(a) The amendment to said Code and said Code as amended is well
designed to promote the policies and purposes of Title I of the Na-
tional Industrial Recovery Act including the removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount thereof, and will provide for the general wel-
fare bv 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
})roduction capacity of industries, by avoiding undue restriction of
production (except as may be temporaril}^ required), by increasing
the consumption of industrial and agricultural product.-^ through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The Code as 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 T and sub-
section (b) of Section 10 thereof,
(c) The Code empowers the Code Authority to present tlie afore-
said amendment on behalf of the Industry as a whole.
{d) The amendment and the Code as amended is not designed to
and will not promote mono])olies or monoj^olistic practices.
(e) The amendment and the Code as amended is not designed to
and will not eliminate or oppress snuill enterprises and will not
operate to discriminate again.st them.
(104)
195
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative O^cer.
November 15, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CAP AND CLOTH HAT INDUSTRY
The Code of Fair Competition for the Cap and Cloth Hat In-
dustry, approved June 5, 1934, is herby amended by adding hereto
a new Article to be known as Article XIII, to read as follows :
Article XIII — Terms or Sale
No Member of the Industry shall allow any Cash discount in excess
of seven {7%>) percent, ten (10) days E. O. M.
Approved Code No. 457 — Amendment No. 1.
Registry No. 213-1-05.
(196)
Approved Code No. 84E1 — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
WARM AIR FURNACE PIPE AND FITTINGS
MANUFACTURING INDUSTRY
As Approved on November 15, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Competi-
tion FOR THE Warm Air Furnace Pipe and Fitting Manufac-
turing Industry
A division of the fabricated metal products IMANUFACTURING 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 approval of an amend-
ment to a Supplementary Code of Fair Competition for the Warm
Air Furnace Pipe and Fitting Manufacturing Industry, and oppor-
tunity to be heard having been noticed 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 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 Avill 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
Supplemental^ Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
November 15, 1934..
(197)
REPORT TO THE PRESIDENT
The President.
The White House.
Sir : This is a report on the amendment to the Supplementary Code
of Fair Competition for the Warm Air Furnace Pipe and Fitting
Manufacturing Industry, as submitted by the Supplementary Code
Authority of said Industry. An opportunity to be heard from Au-
gust 25, 1934, to September 10, 1934, was duly noticed, in accordance
with Article X of said Supplementary Code, as approyed May 18.
1934.
The amendment proyides for mandatory contributions, on an equi-
table basis, h\ all members of the Industry.
FINDINGS
The Assistant Deputy Administrator in his final report to the
National Industrial Recoyery Board on said amendment to said
Supplementary Code haying 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 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 Recoyery Act, in-
cluding the remoyal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof,
and will proyide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperatiye action among trade
groups, by inducing and maintaining united action of labor and
management under adequate goyernmental sanction and superyision.
by eliminating unfair competitiye practices, by promoting the re-
striction of production (except as may be temporaril}^ required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieying
unemployment, by improying standards of labor, and by otherwise
rehabilitating industry.
(b) The Supplementary Code as amended complies in all respects
with the pertinent proyisions 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 amendment and the Supplementary Code as amended are
not designed to and will not permit monopolies or monopolistic
practices.
(198)
199
(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 dej)rived of the right to be heard prior to approval of said
amendment.
For these reasons, this amendment has been ai)]:)roved.
For the National Industrial Kecovery Board :
W. A. Harkiman,
Admin htrath^e Officer.
November 15, 1934.
Amendment to Supplementary Code or Fair Competition for
THE Warm Air Furnace Pipe and Fitting Manufacturing
Industry
a division of the fabricated metal products manufacturing and
metal finishing and metal coating industry
Purpose
Pursuant to Article X of the Supplenieiitary Code of Fair Com-
petition for the Warm Air Furnace Pipe and Fitting Manufacturing
Industry, duly approved by the Administrator on May 18, 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 Warm Air Furnace Pipe and Fitting
Manufacturing Industry.
Article IV — Organization and Administration
Amend Article IV by relettering Subsection (g) of Section 7 to
read Subsection (e), and by deleting Section 4 and Sections 7 (e)
and (f) and by substituting in lieu thereof three new Sections to be
numbered Sections 4 (a), (b), and (c) to read as follows:
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 effec-
tuate 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 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 Indus-
try, 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 Supplemen-
tary 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
(200)
201
complying with the Supplementary 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 Supplementary Code
Authority or to receive the benefits of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
Administration.
(c) 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 approved.
Approved Code. No. 84 El — Aiueudinent No. 1.
Registry No. 1128-08.
Approved Code No. 308A — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
FRESH OYSTER INDUSTRY
As Approved on November 16, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Competi-
tion FOR THE Fresh Oyster Industry
A division of the fishery 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 Supplementary Code of Fair Competition for the Fresh Oyster
Industry (a Division of the Fishery Industry) , and opportunity to be
heard having been afforded all members of the fresh oyster industry
and any objections filed having been duly considered, 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 re-
spects with the i)ertinent 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 ap-
proval of said code in its entirety as amended, such approval and
such amendment to take effect ten days from the date hereof, unless
good cause to the contrary is shown to the National Industrial Re-
covery Board before that time and the said Board issues a subsequent
order to that effect.
National Industrial Re<X)very Board.
By W. A. Harriman, Administrative Officer.
Approval recommended:
Armin W. Riley,
Division Administrator.
Washington, D. C,
November 16, 1931^.
(203)
REPORT TO THE PRESIDENT
The PftEisii:>B:NT,
The White House.
Sir : This is a report on amendments to Article VIII, Title E (by
the addition of Sections 2, 3 and 4) of the Supplementary Code of
Fair Competition for the Fresh Oyster Industry (a Division of the
Fishery Industry), No. 308 — Supplement No. 1. This supplemen-
tary code was approved by the Administrator on March 10, 1934.
^ Pursuant to Executive Order No. 6678, dated April 14, 1934, the
Executive Connnittee for the Fresh Oyster Industry, in accordance
with Article IX of said code, having found it necessary in order to
support the administration of said code and to maintain the stand-
ards of fair competition established by said code and to effectuate
the policies of the Act. has made application for amendments to said
code incorporating model budget and basis of contribution provisions.
The Acting Deputy Administrator in his final report to the Na-
tional Industrial Recovery Board on said amendments to said code
having found as herein set forth and on the basis of all the proceed-
ings 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 connnerce which tend
to diminish the amount thereof: and will provide for the general
welfare by promoting the organization of industry for the purpose
of coo])erative action of labor and management under adequate gov-
ernmental sanction and supervision, looking to the elimination of
unfair, competitive practices, by promoting the fullest possible utili-
zation of the present productive capacit}^ of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), b}^ increasing the consumption of industrial and agricul-
tural products through the increasing of purchasing power, by reduc-
ing and relieving unemployment, by improving standards of labor,
and by otherwise rehabilitating industry.
(b) The code as amended complies in all respects with the per-
tinent 2)rovisions 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 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 o])])i-ess sinall enterprises and will not
operate to discriminate against them.
(204)
205
(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.
In accordance with Executive Order No. 6678, dated April 14, 1934,
the amendments to said code have been approved.
For the National Industrial Recover}- Board :
W. A. Harriman,
Administrative Oificer.
November 16, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIK
COMPETITION FOE THE FRESH OYSTER INDUSTRY
A DIVISION OF THE FISHERY INDUSTRY
Amendments to Article VIII, Title E
Section 2. It being- found necessary in order to support the admin-
istration of this divisional code and to maintain the standards of
fair competition established by this divisional code and to effectuate
the policies of the Act, the Executive 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 through the assessments provided foi'
in Article VIII, Title E, Section 1 of said national code and in Article
VIII, Title E, Section 1 of this divisional code and which shall
be held in trust for the purposes of said national code in accordance
with its terms and for the purposes of this divisional 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 expense for the administra-
tion of this divisional code and of its contribution to the code admin-
istration expense of the National Code Authority, and (2) an equi-
table basis (which shall not contravene said national code as to the
assessments provided for therein), upon which the funds necessary
to support such budget shall be contributed by members of the fresh
oyster 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 fresh oyster
industry, and to that end. if necessary, to institute legal proceedings
therefor in its own name.
Section 3. Each member of the fresh oyster industry shall pay
his or its equitable contribution to the expenses of administering said
national code and this divisional code as in said codes provided, sub-
ject to rules and regulations pertaining thereto issued by the Ad-
ministrator. Only members of the fresh oyster industry complying
with this divisional code and contributing to the expense of the ad-
ministration of said national code and this divisional code as in said
codes provided, unless duly exempted from making such contribu-
tion, shall be entitled to participate in the election of members of
the Executive Committee or to receive the benefits of any of its vol-
untary activities or to make use of any emblem or insignia of the
National Recovery Administration.
Section 4. The Executive Committee shall neither incur nor pay
any obligation substantially in excess of the amount thereof as esti-
mated in its approved budget, and shall in no event exceed the total
(206)
207
amount contained in its approved budget, except upon approval of
the Administrator ; and no subsequent budget shall contam any deti-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
Approved Code No. 308A— Ainendment No. 1.
Registry No. 117-75.
107954—36
Approved Code No. 60 — Amendment No. 7
AMENDMENT TO CODE OF FAIR COMPETITION^
FOR THE
RETAIL TRADE
As Approved on November 16, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Retaii. Trade
An application having been duly made pursuant to and in iuli
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 Trade, and hear-
ings 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 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 Industcial Recovery Board,
By W. A. Harriman, AdTninistrative Officer. .
Approval recommended:
Robert L. Houston,
Division Administrator,
Washington, D, C,
Novemher 16, 193^.
(209)
REPORT TO THE PRESIDENT
The President,
The White House,
Sir : The Hearing on the annexed amendment to Schedule A of
the Code of Fair Competition for the Retail Trade was held on
October 23, 1934, in the Raleigh Hotel, Washington, D. C. The
amendment was presented by duly qualified and authorized repre-
sentatives of the Trade, complying with statutory requirements,
such representatives being members of the National Retail Drug
■Code Authority.
In accordance with the customary procedure, everyone who had
filed a request for an appearance was freely heard in public, and
all statutory and regulatory requirements were complied with.
This amendment is drawn to enable the National Retail Drug
Code Authority and the several Local and Metropolitan Retail Drug
Code Authorities to collect assessments to support the 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 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 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 limi-
tation sub-section (a) of Section 3, sub-section (a) of Section 7 and
:Sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Trade as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(210)
211
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons the amendment has been approved.
For the National Industrial Recovery Board:
W. A. Harriman,
Administrative Officer^
November 16, 1934.
AMENDMENT TO THE CODE OF FAIR COMPETITION
FOR THE RETAIL TRADE
Subparagraph (f) of Paragraph (2) of Section 5 of Schedule A
of the Code of Fair Competition for the Retail Trade is hereby
amended to read as follows:
(f ) 1. It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established thereunder, and to effectuate the policy of the Act, the
National Retail Drug Code Authority and the several Local Com-
jnitt€es (whether known as Local Retail Drug Code Authorities,
Metropolitan Retail Drug Code Authorities, or otherwise) estab-
lished hereunder are 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 their 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 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.
2. Each member of the Trade shall pay his or its equitable con-
tribution to the expenses of the maintenance of the National Retail
Drug Code Authority and the several Local Committees (whether
known as Local Retail Drug Code Authorities, Metropolitan Retail
Drug Code Authorities, or otherwise) determined and hereinabove
provided, and subject to rules and regulations pertaining hereto
issued by the National Industrial Recovery Board. Only members
of the Trade complying with the Code and contributing to the ex-
penses of its administration as hereinabove provided (unless duly
exempted from making such contribution) shall be entitled to par-
ticipate in the selection of members of the National Retail Drug
Code Authority or any Local Committee (whether known as a Local
Retail Drug Code Authority, Metropolitan Retail Drug Code Author-
ity, or otherwise) or to receive the benefits of any of their voluntary
activities, or to make use of any emblem or insignia of the National
Recovery Administration.
3. The National Retail Drug Code Authority and the several
local committees (whether known as Local Retail Drug Code Au-
thorities, Metropolitan Retail Drug Code Authorities, or otherwise)
(212)
213
shall neither incur nor pay any obligation substantially in excess
of the amount thereof as estimated in their approved budget, and
shall in no event exceed the total amount contained in the said
approved budget, except upon approval of the National Industrial
Recovery Board; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates ex-
cept those which the National Industrial Recovery Board shall have
so approved.
Approved Code No. 60 — Amendment No. 7.
Registry No. 1625-2-02.
Approved Code No. 324 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
TEXTILE PRINT ROLLER ENGRAVING INDUSTRY
As Approved on November 16, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Textile Print Roller Engraving Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Textile Print Roller
Engraving Industry, and hearings having been duly held thereon
and the annexed report on said amendment, containing jQndings 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; provided, however, that the
provisions of the amendment numbered Article X relating to limi-
tation and restriction of plant equipment be and they are hereby
stayed pending its further order.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended:
Barton W. Murray,
Division Ad^ninistrator.
Washington, D. C,
Novemher 16, 1934.
(215)
REPORT TO THE PRESIDENT
The President,
Tlie White Rouse.
Sib: Under the Code of Fair Competition for the Textile Print
Roller Engraving Industry as approved on March 8, 1934, the Code
Authority for said Industry has submitted the Amendments which
are included and attached.
Hearing on the Amendments was held June 14, 1934 at the Ambas-
sador Hotel in Washington, D. C, and opportunity to be heard was
duly noticed to all interested parties. No objections were received.
These Amendments are considered of vital importance to this
Industry, which is making an earnest effort to curtail and prevent
certain industrial practices and abuses that have become apparent
during the past few years and which if allowed to continue will
tend to prevent a rapid return of industrial recovery in this Industry.
FINDINGS
The Deputy Administrator in his final report on 'said Amend-
ments to said Code having found as herein set forth and on the basis
of all proceedings in this matter,
It is found that :
(a) The Amendments to said Code and the Code as amended
are well designed to promote the policies and purposes of Title I
of the National Industrial Recovery Act, including the removal of
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 un-
fair competitive practices, by promoting the fullest possible utiliza-
tion of the p)resent 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 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.
The Code empowers the Code Authority to present the aforesaid
amendments on behalf of the industry as a whole.
(d) The aforesaid amendments have been presented in accordance
with the requirements of the National Industrial Recovery Adminis-
(216)
217
tration by the Code Authority which was ofl&cially recognized on
June 22, 1934.
(e) The amendments and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(f ) 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.
(g) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, therefore, these amendments have been ap-
proved; provided, however, that the provisions of the amendment
numbered Article X relating to limitation and restriction of plant
equipment be and they are hereby stayed pending its further order.
For the National Industrial Recovery Board:
W. A. Harriman,
Administrative 0-fJicer.
November 16. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE TEXTILE PRINT ROLLER ENGRAVING IN-
DUSTRY
PURPOSE
Pursuant to Article VII, Section 2 (d) of the Code of Fair Com-
petition for the Textile Print Roller Engraving Industry duly
approved by the President on March 8, 1934, and further to effectuate
the policies of Title I of the National Industrial Recovery Act, the
following Amendments are established as a part of said Code of
Fair Competition and shall be binding upon every member of the
Textile Print Roller Engraving Industry.
AMENDMENT
Amend Article III, Section 1, by deleting the present Section 1
and inserting a new Section 1.
Amended Article III, Section 1, will then read as follows:
Article III — HoirRs
Section 1. No employee, except as hereinafter provided, shall be
permitted to work in excess of forty (40) hours in any one (1) week,
nor in excess of eight (8) hours in any one (1) day, nor in excess
of five (5) days in any one (1) week, and only between 7 A. M..
and 7 : 30 P. M. Monday to Fridaj', inclusive ; provided, however,
that upon specific approval of the Joint Industrial Relations Board,
established and functioning pursuant to Article VI hereof, em-
ployees within any defined area of the Industry may be permitted
to work not in excess of forty-eight (48) hours per week in any
twelve (12) weeks in any calendar year: provided, further, that time
and a half shall be paid for all hours worked in excess of eight (8)
Tiours in any one (1) day or forty (40) hours in any one (1) week.
Hours defined as 7 A. M. to 7 :30 IP. M. Monday to Friday, inclusive,
are specified so as to permit any additional working time that may
be granted as hereinabove set forth.
amendment
Amend Article VIII as follows :
Renumber old Sections 2 to 10 inclusive, to read Sections 1 to 9
inclusive and give them the title ''Article IX — Trade Practices";
■change the title of Article VIII to read " Costs and Price Cutting ";
delete old Section 1 and substitute therefor the following new Sec-
tions 1 and 2;
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 :
(218)
219
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any quoted price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of Code wages and
working conditions. The Code Authority shall within five (5) days
afford an opportunity to the member quoting the price to answer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N. R. A. which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale 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 condition^^ 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 eons-tituting such emergency and to effectuate
the purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the Administrator
a determination of the stated minimum price of the product affected
by the eniergencv and thereupon the AclminLstrator may proceed to"
determine such stated minimum price.
(b) When the Administrator shall have determined such statedl
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act. he shall publish such price. Thereafter, dur-
ing such stated period, no member of the Industry shall sell such
specified products at a net realized price below said stated minimumi
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 le revised or reconsidered and appropriate action taken. -
amj:xdme:st
Add a Section to Article VIII (Xevc Article IX) to be known" aS?
Section 10, which will read as follows :
Section 10. Quoting of more favorable terms of cash payment
tpan thirty days net, two per cent for cash if paid within fen" days-
220
AMENDMENT ,
Amend Article VIII (New Article IX) by adding a new Section
11.
-New Article IX, Section 11, will then read as follows :
Article IX — Trade Practices
Section 11. In order to eliminate Design Piracy as construed by
the Hegistering Authority, it shall be an unfair trade practice for
any member of the Industry to engrave or process a design or pat-
tern which has been registered with, and approved by, the Register-
ing Authority evidenced by the stamp and registration number of
such Authority imprinted on the original drawing or sketch of such
design or pattern, without the written consent of the person in whose
name such design or pattern is registered. Every concern in this
Industry engraving such registered designs or patterns shall engrave
such registration number of the design or pattern on the roller, when
■ so requested, separate charge being made for that service. A design,
ihowever, which the Registering Authority has stamped as " staple "
need not bear any registration number.
The Registering Authority, as used herein, means the Textile De-
sign Registration Bureau of the Federated Textile Industries, Inc.,
a Connecticut non-profit corporation having its principal office at No.
468 Fourth Avenue, New York City, or such other Bureau as may be
.designated from time to time, in accordance with authority conferred
under the Code or Codes approved by the President and/or the
Administrator for any branch of the Textile Printing Industry. The
provisions hereof shall apply only to the engraving of designs for
such branches of the textile printing industry operating under codes
of fair competition requiring registration of designs and providing
>that designs so registered shall be reproduced only with the consent
.of the person registering the same.
amendment
Amend Article IX — Modification by deleting the present Article
•and substituting as a new Article X the following :
Article X — Limitation and Restriction of Plant Equipment
Recommendations (1) for the requirement of registration by per-
sons engaged in the Industry of their productive machinery, which
lis defined to mean and include pantagraph machines, engraving ma-
chines, and any other machine which in itself produces a finished
product; (2) for the requirement that prior to the installation of
additional productive machinery by persons engaged or engaging in
the Industry, except for the replacement of a similar number of
existing machines, or to bring the operation of existing productive
machinery into balance, such persons shall secure certificates that
such installation will be consistent with effectuating the policy of
■the National Industrial Recovery Act during the period of emer-
gency; and (3) for the granting or withholding by the Administrator
221
of such certificates if so required by him, may be made by the Code
Authority and upon approval by him such recommendations shall
become effective and binding upon every member of the industry.
The Administrator, however, shall not consider recommendations
(1 to 3) herein provided unless the Joint Industrial Relations Board,
created by Article VI of this Code, shall have first given its approval
for the necessit}'^ thereof.
AMENDMENT
Delete Article X — Monopolies and substitute therefor Article XI—
Modification, to read as follows :
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 Section 10 (b) of the Act, from time to time, to cancel
or modify any order, approval, license, rule or regulation issued
under said Act.
Section 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or change in circum-
stances, such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to
become effective on approval by the President.
AMENDMENT
Delete Article XI — Effective Date and substitute therefor Article
XII — Monopolies, to read as follows :
Section 1. Nothing in this Code shall be interpreted or applied
in such manner as to permit or promote monopolies or monopolistic
practices, permit or encourage unfair competition or to eliminate,
oppress or discriminate against small enterprises.
AMENDMENT
Add new Article XIII — Effective Date, to read as follows:
Section 1. This Code shall become effective on the tenth day after
its approval by the President.
Approved Code No. 324 — Amendment , No. 2.
Registry No. 504-9-01.
Approved Code No. 138 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ANTI-FRICTION BEARING INDUSTRY
As Approved on November 19, 1933
ORDER
Approving Amendment of Code or P^air Competition for the Anti-
Friction Bearing 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 Anti-Friction Bearing
Industry 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
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, 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, Administi'ative Oiflcer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
Novemler 19, 193^.
107954 — 35 10 (223)
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 Anti-
Friction Bearing Industry, submitted by the Code Authority. Fair
notice of opportunity to file objections to this amendment was given
to all interested parties. No objections were filed.
This amendment was drawn up and proposed in accordance with
Executive Order No. 6678, dated April 14, 1934, and Administrative
Order No. X-36. It is intended to govern the collection of expenses
of code administration by the Anti-Friction Bearing Code Authority.
This amendment does not in any way affect the labor provisions of
the Code nor anything other than assessment for expenses of code
administration.
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 all the proceed-
ings in this matter :
The Board finds that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and 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 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 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.
(224)
225
(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 National Industrial Recovery
3oard has approved this amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Officer.
:November 19, 1924.
AMENDMENT TO CODE OF FAIE COMPETITION FOR
THE ANTI-FRICTION BEARING INDUSTRY
Amend Article VI by deleting the second sentence of Paragraph
(d), Section 1, and adding the following paragraph to section 2.
(i) 1. It being found necessary in order to support the administra-
tion of this code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) To submit to the 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 ex-
penses for the foregoing purposes, and (2) an equitable basis upon
which the funds necessar}- 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 bj^ 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 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 malce 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 National
Industrial Recovery Board; and no subsequent budget shall contain
any deficiency item for expenditures in excess of jirior budget esti-
mates except those which the National ludustrlal Recovery Board
shall liave so approved.
Approved Code Xo. 13"^ — Ain'iidi: t \ X\ 2.
Registry No. 131S-l-()2.
(226)
Approved Code No. 137 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WARM AIR FURNACE MANUFACTURING
INDUSTRY
As Approved on November 19, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Warm Air Furnace Manufacturing Industry
An api)lication having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Warm Air Furnace
Manufacturing Industry, and hearings having been duly held
thereon, and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
President :
NOW. THEREFORE, on behalf of the President of the United
States, 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 W. A. Harriman. Admlmstraf'rve OJficer.
Approval recommended :
Barton W. Murray,
Division A dm ini strata r.
Washington, D. C,
November 19, 193If.
(227)
REPORT TO THE PRESIDENT
The President,
The 'White Hou^e.
Sir : This is a report on the amendment to the Code of Fair Com-
petition for the Warm Air Furnace Manufacturing Industry, as
Bubmitted by the Code Authority of said Industry pursuant to Arti-
cle V,, Section 2 of said Code. A public hearing was held dn May 24,.
1934, in accordance with the provisions of the National Industrial
Recovery Act.
The amendment, which limits discounts, will eliminate discrimina-
tion between customers.
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 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
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the restriction of production (ex-
cept as may be temporarily required), by increasing the consumption
of industrial and agricultural products through increasing purchas-
ing power, by reducing and relieving unemployment, by improving
standards of labor, and by otherAvise 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
aforesaid amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, thib amendment hat- been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Ofjicer.
November 19, 1934.
(228)
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
WARM AIR FURNACE MANUFACTURING INDUSTRY
Purpose
Pursuant to Article V, Section 2 of the Code of Fair Competition
for the Warm Air Furnace Manufacturing Industry, duly approved
by the President on November 27, 1933, and further to effectuate the
policies of Title I of the National Industrial Recovery Act, the fol-
lowing amendment is established as a part of said Code of Fair
Competition and shall be binding upon every member of the Warm
Air Furnace Manufacturing Industry.
Article III — Rules Covering Industry
Amend Article III by adding after Section 1 (n) a new Section
numbered 1 (o) as follows :
" 1 (o) Allowing a discount for cash payment either with order or
within the usual cash discount period, that is more than five percent
of the published price of the member allowing such discount."
Approved Code No. 137 — Amendment No. 3.
Registry 1103-07.
(229)
Approved Code No. 347F1 — Amendment No. i
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
AIR FILTER INDUSTRY
As Approved on November 22, 1934
ORDER
Approaing Amendment of Supplementary Code of F.uh
Competition for the Air Filter Industry
A DmSION of the machinery AND ALLIED FRcDUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Supplementary Code of Fair Competition for the Air
Filter Industry, and opportunity to be heard having been noticed
to all interested parties, and the annexed report on said amendment,
containing findings with respect thereto, having been made and di-
rected 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 constituted
after being amended comply in all respects with the pertinent provi-
sions and will promote the policy and purposes of said Title of said
Act, and 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 Supplemen-
tary Code in its entirety as amended, such approval and such amend-
ment to take effect fifteen (15) clays from the date hereof, unless
good cause to the contrary is shown to the National Industrial Re-
covery Board before that time and it issues a subsequent order to
that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative OiJicer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
November 22, 19S4.
(231)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the amendment to the Supplementary
Code of Fair Competition for the Air Filter Industry, as submitted
by the Supplementary Code Authority of said Industry. An oppor-
tunity to be heard from October 22, 1934, to November 12, 1934, was
duly noticed, in accordance with the provisions of the Act.
The amendment provides that the Supplementary Code Author-
ity, which was elected prior to the approval of this Supplementary
Code, shall be the first permanent Code Authority for the Industry.
FINDINGS
The Assistant Deputy Administrator in his final report to the
National Industrial 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 is found 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 organ-
ization of industry for the purpose of cooperative action among
trade groups, by inducing and maintaining united action of labor
and management. under adequate governmental sanctions. and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) 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 amendment 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 enterprises
and will not operate to discriminate against them.
(232)
233
(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 :
W. A. Harkiman,
Administrative O-fficer.
November 22, 1934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE AIR FILTER INDUSTRY
a division of the machinery and aixied rroducts industry
Purpose
Pursuant to Article XI of the Supplementary Code of Fair Com-
petition for the Air Filter Industry, duly approved by the Ad-
ministrator on July 21, 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
Air Filter Industry.
Article V — Administration
(a). Change caption of Article V, Section (c) to read Article V.
Section (c). Subsection 1, and insert the following as Subsection 1:
" This Subdivision having held an election for a permanent Code
Authority under the provisions of the Code of Fair Competition
for the Machinery and Allied Products Industry, the Code Authority
so elected shall constitute the first permanent Code Authorit}'^ for
this Subdivision, if this election meets with the approval of the
National Industrial Recovery Board. If this election does not meet
with the approval of the National Industrial Recovery Board, then
the provisions hereinbelow provided, shall apply for the election of
the first permanent Code Authority. For elections after the first,
the provisions of this Supplemental Code for election of a permanent
Code Authority shall apply."
(b). The present Article V. Section (c). to become Article V,
Section (c). Subsection 2.
Approved Code No. 347F1-Amendment No. 1.
Registry No. 1304-05.
(234)
Approved Code No. 224 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FURNITURE AND FLOOR WAX AND POLISH
INDUSTRY
As Approved on November 22, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Furniture and Floor Wax and Polish Industry
An application having been duly made pursuant to and in full
oompliance with the provision.s 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 Furniture and Floor Wax and
Polish 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 :
XOW. THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to
authority 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 pro-
visions 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 inclwde an approval of said Code in its entirety
as amended.
National Industrial Recovery Board,
By W. A. Harriman, Adnninistrative Officer.
Approval recommended:
Joseph F. Battley,
Acting Divimo-n Ad^ninistrator.
Washington, D. C,
Ncyoember m, 193J^.
(235)
REPORT TO THE PRESIDENT
The PfigisipENT,
The White Hou^e. .....
Sir: An application has been duly made pursuant to and in full
compliance with the provisions of the National Industrial Recovery
Act for amendments to the Code of Fair Competition for the Furni-
ture and Floor Wax and Polish Industry, approved January 23,
1934, submitted by the Code Authority for such Industry, and a
public hearing held on said amendments in Washin2:ton on August
17, 1934.
The purpose of these amendments is to add a further unfair trade
practice. Price Discrimination, and to exclude from the provisions
of the Code Export Trade.
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:
It is found that :
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend to-
diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural pi'oducts through
I increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
tating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation subsection (a) of Section 3. subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the industry as a whole.
(d) These amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) These amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(236)
237
(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 :
W. A. Harriman,
Administrative 0-fJlcer,
November 22, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FURNITURE AND FLOOR WAX AND POLISH
INDUSTRY
Section 15, Article VIII shall become Section 17, Article VIII,
and Section 15, Article VIII shall read as follows :
Section 15. Pnee Diserbnination . — Directly or indirectly to dis-
criminate unfairly and wilfully in prices to purchasers, provided
that nothing herein shall prevent differences in prices to allow for
due differences in quality, quantity, transportation and other price
factors.
There shall be a new Article to read as follows :
Article XIII — Export Trade
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or ship-
ments for export trade. " Export Trade " shall be as defined in the
Export Trade Act adopted April 10, 1918.
Approved Code No. 224 — Amendment No. 2.
Registry No. 625-02.
(23S)
Approved Code No. 327 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MACHINE-APPLIED STAPLE AND STAPLING
MACHINE INDUSTRY
As Approved on November 22, 1934
OKDER
Appro\t[ng Amendment of Code of Fair Competition for the
Machine-Applied Staple and Stapling Machine 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 Machine-Applied
Staple and Stapling Machine 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:
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.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
KiLBouRNE Johnston,
Acting Division Administrator.
Washington, D. C,
November £2, 1934-
107954—35 11 (239)
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 VI of the Code of Fair Competi-
tion for the Machine-Applied Staple and Stapling Machine Industry
by the Code Authority for that Industry.
The Code of Fair Competition for the Machine-Applied Staple
and Stapling Machine Industry was approved on March 10, 1934..
Article VI, Section 4, provides that the Code Authority shall secure
from the members of the Industry an equitable and proportionate-
payment of the reasonable expenses of maintaining the Code Author-
ity 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 Code has been found to
be unsatisfactory. The amendment has, therefore, been proposed
to create a legal obligation, on the part of the Industry Members,,
to pay their pro rata share of the expenses of the Code Authority.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendment of said 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 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 re-
striction of production (except as may be temporariW required),
by increasing the consumption of industrial and agricultural pro-
ducts 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 limitation
subsection (a) of Section 3, sub-section (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(240)
241
(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, the amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harrimajst, Administrative Officer,
November 22, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MACHINE-APPLIED STAPLE AND STAPLING
MACHINE INDUSTRY
Delete Section 4 of Article VI and substitute in lieu thereof the
following :
Section 4. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of
the Act, the Code Authority is authorized :
(1) To incur such reasonable obligations as are neces3ary 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 National Industrial Recovery Board, to determine
and obtain equitable contribution as above set forth by all mem-
bers of the industrj^, and to that end, if necessary, to institute legal
proceedings therefor in its own name.
(b) Each jnember 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 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 paj'- 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.
Delete Section 12 of Article VII.
Approved Code No. 327 — Amendment No. 2.
Registry No. 1399-41.
(242)
Approved Code No. 76 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ROCK CRUSHER MANUFACTURING INDUSTRY
As Approved on November 22, 1934
ORDER
Approving A.mendment of Code of Fair Competition for the Rock
Crusher 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 Rock Crusher Manu-
facturing Industry, and opportunity to be heard thereon having
been duly noticed to all interested persons, 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 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 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 W. A. Harriman, Administrative Officer.-
Approval recommended :
Barton W. Murray.
Dhision Administrator.
Washington, D. C,
November 22, 1934.
(243)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sib : This is a report on an Amendment to the Code of Fair Com-
petition for the Rock Crusher Manufacturing Industry to incorpo-
rate 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 November 1, 1933, and Notice of Opportunity to
be Heard was given from October j^2 to November 12, 193'4. No
objections w^ere received.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said Amendment to said Code having
found as herein set forth and on the basis of all the proceedings in
this matter :
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 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 j)er-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Amendment and the Code as amended are not designed
and will not permit monopolies or monopolistic practices.
(d) The Amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(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.
(244)
245
For tliese reasons, this Amendment has been approved, subject,
liowever, to a fifteen (15) day waiting period as provided m the
Order of Approval.
For the National Industrial Eecovery Board :
W. A. Harkiman,
Administrative Officer.
November 22, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
ROCK CRUSHER MANUFACTURING INDUSTRY
PURPOSE
Pursuant to Article IX of the Code of Fair Competition for the
Rock Crusher Manufacturing Industry, duly approved by the Presi-
dent on November 1, 1933, 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 Rock Crusher Manu-
facturing Industry.
AMENDMENT •
Article III — Participation
Amend Article III by deleting the paragraph and substituting^
in lieu thereof, the following :
Section 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 necessarj^ and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the 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 mem-
bers 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 Industr}^, and to that end, if necessary to institute legal
proceedings therefor in its own name.
Section 2. Each member of the Industry shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the National
Industrial Recovery Board. Only members of the Industry com-
plying with the code and contributing to the expenses of its ad-
ministration as hereinabove provided, unless duly exempted from
making such contributions, shall be entitled to participate in the
selection of members of the Code Authority or to receive the bene-
fits of any of its voluntar}' activities or to make use of any emblem
or insignia of the National Recovery Administration.
(240)
247
Section 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.
Approved Code No. 76 — Amendment No. 1.
Begistrj No. 1399-1-15.
Approved Code No. 182 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL FOOD AND GROCERY TRADE
As Approved on November 23, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Retail Food and Grocery Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Retail Food and Grocery
Trade, and hearings having been duly held thereon and the annexed
report on said amendments, containing findings with respect thereto,
having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to 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 amendments
and the Code as constituted after being amended comply in all re-
si^ects 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 herebj^ approved, and that the pre-
vious approval of said Code is hereby modified to include an approval
of said Code in its entirety as amended, subject, however, to all con-
ditions now in effect contained in such prior approvals or by appro-
priate orders issued subsequent thereto.
National Industrial Recovery Board,
B}:' W. A. Harriman, Administrative Officer,
Approval recommended :
Armin W. Riley,
Division Administrator.
Washington, D. C,
November 23, 19S4.
(249)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : Thig is a report on the amendments to the Code of Fair Com-
petition for the Retail Food and Grocery Trade as approved after
public hearing conducted in Washington on August 6, 1934,
There are certain amendments to place labor safeguarding clauses
into the Code. These provisions are intended to give labor a measure
•of protection which they have not heretofore enjoyed.
Certain amendments to the fair trade practice provisions are also
included, the purpose of which is to clarify certain questions which
liave arisen in connection with the Code during the time the same
has been in operation and also to place in the Code certain additional
fair trade practice provisions which, according to the testimony
introduced at the hearing, are found to be necessary.
There are also contained amendments providing for incorporation
■of the Code Authority and defining the liability and responsibility
of Code Authority members.
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendments to said Code having
found as herein get 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
<;ooperative 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 rehabil-
itating 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 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.
(250)
251
(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 the amendments have been approved.
For the National Industrial Recovery Board:
W. A. Harriman,
Administrative 0-fJlcer^
November 23, 1934.
AMENDMENTS TO CODE OF FAIR COMPETITION FOR
THE RETAIL FOOD AND GROCERY TRADE
That Article IV be amended by adding the following :
Article IV. Section 3. Wages shall be exempt from fines and
rebates and from charges or deductions, except charges and deduc-
tions for employees' contributions voluntarily made by employees, or
required by law, for pensions, insurance, benefit funds. No emplo5'er
shall withhold wages except upon services of legal process or other
papers lawfully requiring such withholding. Deductions for other
purposes not heretofore stated may be made only when the contract
is in writing and is kept on file by the employer for six (6) months
after the termination of the contract open for inspection of govern-
ment representatives.
Section 4. Employers shall make payment of all wages and sal-
aries in lawful currency or negotiable checks, payable on demand.
All contracts of emplojanent shall provide that wages shall be paid
at least twice a month, except that individual written contracts of
employment of executives shall provide for payment at least as often
as once a month.
Section 5. The time of employment shall include all time during
which the employee is on duty including time after summons when
the emploj^ee is subject to the employer's orders, provided that when
such employee is required to hold his time subject to instant call, he
shall be compensated for all time required to be so held.
Section 6. No employer shall, to defeat the purpose of the Act or
the provisions of this Code change the method of payment of com-
pensation or duties of occupations performed by employees, or
reclassify employees, or discharge employees to reemploy them at
lower rates or engage in any other subterfuge, which tends to or will
defeat said purposes or said provisions.
Section 7. Each emploj^er shall post and keep posted in each
establishment in a conspicuous place, readily accessible to employees
the clauses dealing with hours of labor, wages, and general labor
safeguarding provisions of this Code. Such clauses shall be in
English and/or such other languages as may be read by a majority
of employees and shall be in type of at least ten (10) point. All
changes of said clauses shall be posted within two (2) weeks after
such changes are incorporated in the Code.
Section 8. Written agreements of partnership shall alone be evi-
dence of partnership as it affects the application of the labor pro-
visions of this Code.
Section 9. Every employer shall ])rovide for the safety and health
of employees diu'ing the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the National Industrial Recovery Board within sixty
dajs after the eff&etive date of this provision,
(252)
253
Amend Section 3 (a), Article V, by deleting all but the caption
thereof and inserting the following in lieu thereof:
(a) Outside Salesmen. — The maximum periods of labor prescribed
in Section 2 of this Article shall not apply to outside salesmen, but
in no case shall such employees be permitted to work more than six
(6) days in any seven (7) day period.
Watchmen. — The maximum periods of labor prescribed in Section
2 of this Article shall not apply to watchmen but in no case shall
watchmen be permitted to work more than fifty-six (56) hours in
any week nor more than six (6) days in any seven (7) day period.
Amend Subsection (b) of Section 3, Article V, to read as follows:
(b) Outside Service and Maintenance Employees. — The maximum
periods of labor prescribed in Section 2 of this Article shall not apply
to outside service employees, but for all hours worked in excess of
the basic hours of labor prescribed in Section 2, said employees shall
be compensated at least at the rate of one and one-half (IV2) times
the normal hourly rate.
The maximum hours fixed in Section 2 shall not apply to any
employee on emergency maintenance or emergency repair work in-
volving breakdowns or protection of life or property, but in all such
special cases, such employees shall be compensated not less than at
the rate of one and one-half (1%) times their normal hourly rate
for all hours worked in excess of the hours provided in Section 2.
Amend paragraph 4, Sub-section (c), Section 3, Article V, to read
as follows:
" It is provided, however, that in no case shall executives be per-
mitted to work in excess of one-half (I/2) hour per day for six days
out of any calendar week in addition to the daily period during
which the establishment is open for business during such six days,
provided that these one-half hour daily periods may be cumvilative
in any one week, and provided further that any time taken off during
the regular daily store operating hours may not be used to extend
the half hour period granted, nor shall any executive be permitted
to work more than six (6) days in any seven (7) day period."
Amend Paragraph 3, Section 1, Article VITI, as amended, to read
as follows :
As an element of cost to the merchant as defined in Paragraph
2 of this Section there shall be included transportation charges not
]ess than the minimum schedules given below to the point of sale
when paid by the seller or the equivalent cost when such transpor-
tation is performed by the retailer, and such transportation charges
shall be not less than :
Zone A. 1% of cost as provided in Paragraph 2 of this Section
when point of delivery for retail sale is located within a radius of
20 miles from the zero point (such zero points to be fixed by the
American Automobile Association Maps, and where maps do not
designate such zero points, to be fixed by the Local Code Authority)
of any city or incorporated town or village, or the metropolitan area
of any city as defined in the last Census, in which sellers' or distrib-
utors' warehouse is located, when such area extends more than 20
miles from such zero point.
254
Zone B. 11/^% of cost as provided in Paragraph 2 of this Section
when point of delivery for retail sale is up to 20 miles beyond the
areas or boundaries as fixed in the preceding paragraph (Zone A).
Zone C. 2% of cost as provided in Paragraph 2 of this Section
when point of delivery for retail sale is beyond the areas or bound-
aries fixed in the preceding paragraph (Zone B), provided, however,
that where, because of special circumstances, the provisions for Zone
C work exceptional hardship, the State Code Authority, together
with the Local Code Authorities concerned, may make regional rec-
ommendations to the National Code Authority which, upon approval
by the National Code Authority and the National Industrial Recov-
ery Board, shall be operative in said territory or territories.
If the point of delivery under above schedules is to a point within
the limits of a city, incorporated town or village, or metropolitan
district, parts of which, by distances mentioned are within any two
of the above zones, then all of limits of said town or city shall be
considered as within the lower rate zone.
Amend Paragraph 4, Section 1, Article VIII, as amended, to read
as follows:
4. Provided, however, that any merchant may sell any article of
merchandise at a price as low as the price set by any competitior in
his trade area, on merchandise which is the same as to comparable
competitive factors, such as weight, quantity, quality, peak and/or
brand or packaging, if such competitor's price is set in conformity
with the Code of Fair Competition governing the sale of said prod-
uct by such competitor. 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 imme-
diately notifies the nearest Local Food and Grocery Distributor's
Code Authority of such action and all facts pertinent thereto.
(Delete Paragraph (k). Section 1, Article IX, and insert in lieu
thereof the following:)
(k) No food and grocery retailer shall offer or give prizes, pre-
miums or anything of value, (a) which is in any way designed or
effective to nullify or alter the effect of the provisions of Article
VIII of this Code; (b) in ways which involve lottery in any form
(the term " lottery " as used herein includes, but without limitation,
any scheme or plan for the distribution of prizes by lot or chance
and/or where prizes distributed differ substantially and inequitably
in value from buyer to buyer of the same quantity) ; (c) in ways
which involve misrepresentation or fraud or deception in any form,
including, but without limitation, the words " free," " gift," " gratu-
ity," or language of similar import in connection with the giving
of premiums for the purpose or with the effect of misleading or de-
ceiving buyers; (d) if such premiums are not offered to all customers
of the same class in the same trade area.
Add Paragraph (n), Section 1, Article IX, as follows:
(n) No food and grocery retailer shall permit any demonstrator
or other employee, whose salary or compensation is wholly or par-
tially paid by others than himself or his establishment, to work in
his or her establishment, unless such worker or workers are clearly
and openly identified as the representative or agents of party or
firms by whom or which they are employed and paid.
255
Amend Article X — by adding thereto — the following as Section 5..
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.
Amend Article X by the addition of the following as Section 6
thereof :
Section 6. The National Food and Grocery Distributors' Code
Authority, created under Section 1, Paragraph (a), may incorporate
under the laws of any stat€ of the United States or of the District
of Columbia, such corporation to be not for profit and to be known
as the " National Food and Grocery Distributors' Code Authority ^
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 pur-
poses of the National Food and Grocery Distributors' Code Author-
ity, as provided in this 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 Avithout
a like prior approval of the National Industrial Recovery Board.
If at any time, the National Industrial Recovery Board shall deter-
mine that the corporate status assumed by the Code Authority is
interfering with the proper exercise of its powers and duties under
this Code, or with the effectuation 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 Authority, the substitution
of non-corporate Code Authority truly representative of the trade
or such other actions as it may deem expedient.
Approved Code No. 182 — Amendment No. 3.
Registry No. 123-01.
107954— .3.5-
I
Approved Code No. 196 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WHOLESALE FOOD AND GROCERY TRADE
As Approved on November 23, 1934
ORDER
, Approving Amendment or Code of Fair Competition for the
Wholesale Food and Grocery Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Wholesale Food and Grocery
Trade, and hearings having been duly held thereon and the annexed
report on said amendments, containing findings with respect thereto,
having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
-States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive orders of the President, including Exec-
utive order No. 6859, and otherwise ; does hereby incorporate by ref-
erence said annexed report and doer; 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 pur-
poses of said title of said act ; and does hereby order that said amend-
ments be and they are hereby approved, and that the previous ap-
proval of said Code is hereby modified to include an approval of said
Code in its entirety as amended, provided that the amendment to the
first paragraph of Article VII, Section 12, shall not be effective until
thirty (30) days after the date of this order during which interim
- the desirability and advisability of such amendment shall be further
: considered.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Armin W. Riley,
Division Admin istrator.
Washington, D. C,
November 23, 193 J^.
(257)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the amendments to the Code of Fair
Competition for the Wholesale Food and Grocery Trade as approved
after public hearing conducted in Washington on August 6, 1934.
There are certain amendments to place labor safeguarding clauses
into the Code. These provisions are intended to give labor a measure
of protection which they have not heretofore enjoyed.
Certain amendments to the definitions and fair trade practice
provisions are also included, the purpose of which is to clarify cer-
tain questions which have arisen in connection with the Code during
the time the same has been in operation and also to place in the Code
certain additional fair trade jjractice provisions which, according to
the testimony introduced at the hearing, are found to be necessar5^
There are also contained amendments providing for incorporation
of the Code Authority and defining the liability and responsibility
of Code Authority members.
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
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 industrj^ 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 perti-
nent provision of said title of said act, including without limitation
subsection (a) of section 3, subsection (a) of section 7 and subsec-
tion (b) of section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said 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.
( 25S )
259
(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 the amendments have been approved.
For the National Industrial Kecovery Board :
W. A. Harrimax,
Administrative Officer.
November 23, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WHOLESALE FOOD AND GROCERY TRADE
That Section 1, Article II, be amended to read as follows :
Section 1, Wholesale Food and Grocery Trade. — The term
" Wholesale Food and Grocery Trade " or " Trade " as used herein
shall mean all selling or supplying, to retailers and/or retail units,
industrial buyers, etc.
Amend Section 2 to read as follows :
Sectiox 2. Food and Grocery Wholesaler. — The term " food and
grocery wholesaler " or " wholesaler " shall mean any individual or
organization engaged wholly or partially in the wholesale food and
grocery trade.
Amend Article IV, by adding Sections as follows :
Article IV
Section 3. Wages shall be exempt from fines and rebates; and
from charges or deductions, except charges and deductions for em-
ployees' contributions voluntarily made by employees, or required by
law, for pensions, insurance, benefit funds. No employer shall with-
hold wages except upon services of legal process or other papers
lawfully requiring such withholding. Deductions for other purposes
not heretofore stated may be made only when the contract is in
writing and is kept on file by the employer for six (6) months after
the termination of the contract open for inspection of government
representatives.
Section 4. Employers shall make payment of all wages and sal-
aries in lawful currency or negotiable checks, payable on demand.
All contracts of emplovment shall provide that wages shall be paid
at least twice a month, except that individual written contracts of
employment of executives shall provide for payment at least as often
as once a month.
Section 5. The time of emjjloyment shall include all time during
which the employee is on duty, including time after summons when
the emploj^ee is subject to the employer's orders, providing that when
such emploj^ee is required to hold his time subject to instant call,
he shall be compensated for all time required to be so held.
Section 6. No employer shall, to defeat the purposes of the Act
or the provisions of this Code, change the method of payment of
compensation or duties of occupations i)erformed by employees, or
reclassify employees, or discharge employees to reemploy them at
lower rates or engage in any other subterfuge, which tends to or
will defeat said purposes or said provisions.
Section T. Each employer shall post and keep posted in each
establishment in a conspicuous place, readily accessible to employees,
the clauses dealing with hours of labor, wages and general labor
safeguarding provisions of this Code. Such clauses shall be in Eng-
lish and/or such other languages as may be read by a majority of
(260)
261
employeeg and shall be in type of at least ten (10) point. All
changes of said clauses shall be posted within two (2) weeks after
such changes are incorporated in the Code.
Section 8. Written agreements of partnership shall alone be evi-
dence of partnership as it affects the application of the labor pro-
visions of this Code.
Section 9. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be submitted by the
code authority to the National Industrial Recovery Board within
sixty days after the effective date of this provision.
Amend Section 3 (b) of Article V to read as follows :
(b) Outside Salesmen and Outside CoUectors and Watchmen. —
The maximum periods of labor prescribed in Section 2 of this Article
shall not apply to outside salesmen and outside collectors but in
no case shall such employees be permitted to work more than six (6)
days in any seven (7) day period.
The maximum period of labor prescribed in Section 2 of this
Article shall not apply to watchmen, but in no case shall watchmen
be permitted to work more than fifty -six (56) hours in any week or
more than six (6) days in any seven (7) day period.
Amend Subsection (c), Section 3, Article V, to read as follows:
(c) Outside Service and Sales Department Employees. — The
maximum periods of labor prescribed in Section 2 of this Article
shall not apply to outside service employees nor to the billing and
shipping clerks and cashiers working in conjunction with outside
service employees in work of such nature that any inequality of
hours would interrupt the routine of such outside service depart-
ment, but for all hours worked in excess of forty-eight (48) hours
in any week such employees shall be compensated at the rate of at
lease one and one-half (l^/^) times the normal hourly rate.
Amend Subsection (d), Section 3, Article V, to read as follows:
(d) Maintenance Employees. — The maximum hours fixed in Sec-
tion 2 shall not apply to any employee on emergency maintenance
or emergency repair work involving breakdowns or protection of
life or property, but in all such special cases such employees shall be
compensated not less than at the rate of one and one-half (IV2)
times their normal hourly rate for all hours worked in excess of
forty-eight (48) hours in any week.
Amend Subsection (e), Section 3, Article V. by adding:
" except that no executive shall be permitted to work more than
six (6) days in any seven (7) day period."
Amend Paragraph (f). Section 3, Article V, by deleting the last
line and substituting in lieu thereof the following :
At least time and one-third (ll^) the normal schedule of wages
shall be paid all employees so employed, for all hours in excess of
the basic hours.
Amend Section 4, Article VII, to read as follows :
Section 4. Unearned Service Payments. — No food and grocery
wholesaler shall accept or allow payment for a special advertising
or other distribution service, etc.
Amend Article VII, Section 5, by adding Section 5 (a) to read
as follows :
262
Section 5 (a). Whenever in any trade area as defined in the
AVholesale Grocery Atlas of the United States Department of Com-
merce (1927) there are eiglit or more wholesale grocery establish-
ments, eight3^-five percent (85%) of such establishments may pro-
pose maximum cash discount terms which, when approved by the
National Food and Grocery Distributors Code Authority, and the
IS^'ational Industrial Recovery Board, shall be binding upon all food
and grocery wholesalers doing business in that area, for a period of
three months, subject to renewal at each six months' period there-
after, with the approval of the National Code Authority and the
National Industrial Recovery Board.
First Paragraph, Article VII, Section 12, shall be amended to read
as follows :
Section 12. Loss Limitation Provision. — In order to prevent un-
fair competition against local merchants, selling merchandise at less
than cost is hereby declared to be an unfair trade practice, except
that in sales between wholesalers the allowance for wages of labor,
fixed and published as provided in paragraph (1) of this section,
or pursuant thereto, need not be included. The practice of below
cost selling 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.
Amend Paragraph 4, Section 12, Article VII, to read as follows :
4. Transportation charges from the wholesaler to his customer
shall mean and include transportation charges (not less than mini-
umm schedules given below) from the wholesaler's or distributor's
warehouse or wholesaling warehouse unit of merchandising concerns
or organizations, or point of distribution used by such wholesalers,
distributors or wholesale merchandising units, to the buyer's point
of sale or to the retailing units of any merchandising concern dis-
tributing to any point of retail sale, when such charges are paid by
the seller or wholesale merchandising unit. Such transportation
cliarges to point of retail sale must not be less than —
Zone A. 1% of the " net purchase price " computed in accordance
Math the requirements of Paragraph 3 of this Section, for delivery
within a radius of 20 miles from the zero point (such zero points to
h)e fixed by the American Automobile Association Maps, and where
maps do not designate such zero points, to be fixed by the local Code
Authority) of any city or incorporated town or village, or for deliv-
ery within the metropolitan district of any city as defined in the last
Census, in which such warehouse is located when such district extends
more than twenty (20) miles from such zero point.
Zone B. 11/2% of the " net purchase price " computed in accordance
with the requirements of Paragraph 3 of this Section, for delivery
up to twenty (20) miles beyond the areas or boundaries as fixed in
the preceding paragraph. (Zone A).
Zone C. 2% of the " net purchase price " computed in accordance
with the requirements of Paragraph 3, of this Section, for all deliv-
eries beyond the areas or boundaries fixed in the preceding paragraph
(Zone B), provided, however, that where, because of special circum-
stances, the provisions for Zone C work exceptional hardship, the
263
State Code Authority, together with the Local Code Authorities con-
cerned, may make regional recommendations to the National Code
Authority which, upon approval by the National Code Authority
and the National Industrial Recovery Board, shall be operative in
said territory or territories.
If the point of delivery under above schedule is to a point within
the limits of a city, incorporated town or village, or metropolitan
district, parts of which, by distances mentioned are within any two
of above zones, then all of limits of said town or city shall be con-
sidered as within the lower rate zone.
When a wholesale distributor desires to meet the lawful price of
a competitor, selling f .o.b. warehouse, he may quote f.o.b. warehouse,
adding the transportation charges in the manner set forth in the
transportation schedule above if sold for delivery to the buyer.
Where the wholesaler's warehouse or the wholesale distributive
unit of a merchandising concern distributing to any retail unit, or
the point of distribution, is located at a point that is not within
the boundaries of a city or incorporated town or village, or metro-
politan district, or within the twenty (20) mile radius of any zero
point fixed under the above schedule, the location of said warehouse
ghall be considered as the zero point for the purpose o,f calculation
of outbound transportation charges under above schedule when such
charges are paid by the seller.
Amend paragraph 5, Section 12, Article VII, to read as follows:
5. Provided, however, that except as provided in Paragraph 4 of
this Section, any merchant ma}^ sell any article of merchandise at a
price as low as the price set by any competitor in his trade area, on
merchandise which is the same as to comparable competitive factors,
such as, weight, quantity, quality, pack, brand, or packaging, if such
competitor's price is set in conformity with the cocle of fair competi-
tion governing the sale of said product by such competitor.
Add to Paragraph 6, Section 12, Article VII, after deleting the
period and inserting a comma, the following line :
Merchandise sold on contract to departments of government and
govermnental institutions, not for resale.
Add new Section 15 to Article VII, as follows :
Section 15. No food and grocery wholesaler shall offer or give
prizes, premiums or anything of value ; ( a ) which is in any way de-
signed or effective to nullify or alter the effect of the provisions of
Article VII, Section 12, of this Code; (b) in ways which involve
lottery in any form (the term " lottery " as used herein includes, but
without limitation, any scheme or plan for the distribution of prizes
by lot or chance and/or where prizes distributed differ substantially
and inequitably in value from buyer to buyer of the same quantity),
and/or distribution class; (c) in ways which involve misrepresenta-
tion or fraud or deception in any form, including, but without limi-
tation, the words " free ", " gift ", " gratuity," or language of similar
import in connection with the giving of premiums for the purpose
or with the effect of misleading or deceiving buyers; (d) if such
premiums are not offered to all customers of the same class in the
same trade area.
Delete Section 10 of Article VII, and supplant with the following i
Section 10. Idcntificaf'ton of Workers. — No food and grocery
wholesaler shall permit any demonstrator or other employee, whose
264
salary or compensation is wholly or partially paid by others than
himself or his establishment, to work in his or her establishment
unless such worker or workers are clearly and openly identified as
the representatives or agents of party or firm by whom or which
they are employed and paid.
Amend Article VIII, Section 1, Paragraph (c) to read as follows:
(c) Reports. — The National Food and Grocery Distributors' Code
Authority subject to the approval or upon request of the National
Industrial Recovery Board, shall require from all food and grocery
wholesalers, such reports as are necessary to effectuate the purposes
of this Code. Each food and grocery wholesaler shall keep a record
of his business transactions for at least one year by such accounting
system as Avill inform him of the essential particulars of his business,
including records of purchase invoices and of itemized sales to
customers, and of hours worked by, and wages paid all employees-
Amend Article VII, by adding Section 5 to read as follows :
Section 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose, nor shall
any member of the Code Authority be liable in any manner to any
one for 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 non-feasance.
Amend Article VIII by the addition of Section 6 to read as
follows :
Section 6. The National Food and Grocery Distributors' Code
Authority, created under Section 1, Paragraph (a) 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 " National Food and Grocery Distributors' Code Authority,
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 pur-
poses of the National Food and Grocery Distributors' Code Author-
ity, as provided in this Code; provided further that the Code Au-
thority 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
a like prior approval of the National Industrial Recovery Board.
If at any time, the National Industrial Recovery Board shall deter-
mine that the corporate status assumed by the Code Authoritj'- is
interfering with the proper exercise of its powers and duties under
this Code, or with the effectuation of the policies or purposes of the
Act, it may, after such notice and hearing as it mav deem necessary,
require an appropriate modification of the structure of the Cor-
poration (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 sub-
stitution of non-corporate Code Authority truly representative of
Ihe trade or such other actions as it may deem expedient.
Approved Code No. 196 — Amendment No. 3.
Registry No. 123-3-10.
I
Approved Code No. 187 — Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COTTON CLOTH GLOVE MANUFACTURING
INDUSTRY
As Approved on November 24, 1934
ORDER
Approvixg Amendment of Code or Fair Competition for the
Cotton Cloth Glove Manufacturing 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 Code of Fair Competition for the Cotton Cloth Glove
Manufacturing Industry, and hearings having been duly held thereon
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recoveiy 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 Avith the pertinent provisions and will pro-
mote the policy and purposes of said Title of said Act, and does
hereby order that said amendment be and it is hereby approved, and
that the previous approval of said Code is hereby amended to include
an approval of said Code in its entirety as amended, such approval
and such amendment to take effect twenty 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 W. A. Harriman, Admhustrative Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Adnunist7'ator.
Washington, D, C,
Noveniher 21,,^ 1931^.
(265)
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 Cotton Cloth Glove Manufacturing Industry.
Article IV, Section 1 (a) was amended by increasing the hourly
wage rate for glove cutters from forty (40) cents per hour to forty-
five (45) cents per hour,
A Public Hearing, of which due notice was given all interested
parties, was held September 5, 1934, on minimum piece-work rates,
submitted by the Code Authority for the Industry pursuant to para-
graph II, Section 4 of Article IV, of the Code as approved by you
December 30, 1934. These piece-work rates were for the purpose of
making an equitable adjustment of wages for all productive labor.
Among these piece-work rates was a provision for the hourly in-
crease of wage rates for glove cutters which was submitted with a
statement that "the operation of glove cutting was not uniform
throughout all factories, some cutting piece work and some day work,
and it is the opinion of the Committee" (of the Code Authority)
" that it would be impracticable to establish piece-work rates for this
operation which would be workable at all plants without placing
undue hardship on some other manufacturers."
The N. R. A. Legal Division representative, attending the Hearing,
pointed out that since the hourly increase would change a provision
already written in the Code as approved, it would be necessary to con-
sider it as an amendment to the Code and not as a part of the mini-
mum piece-work rates.
In accordance with the suggestion of the Legal Division, this
amendment was approved by a Show-Cause Order, allowing twenty
days in which any interested parties might object prior to the effec-
tive date of the amendment. However, this amendment was discussed
at the Public Hearing held on the minimum piece-work rates and no
objections, either written or oral, were made.
Since the date of the Public Hearing, and before the date of ap-
proval of the amendment, the Industrial Advisory Board, Consumers
Advisory Board, Labor Advisory Board, Research and Planning Di-
vision and the Legal Division of the National Recovery Administra-
tion made reports on the amendment and all such reports have been
carefully considered b}^ the National Industrial Recovery Board.
FINDINGS
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 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
(266)
267
National Industrial Kecovery 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 b}^ promoting the organization of industry for the purpose of
cooperative action among trade groups, by inducing and maintaining
united action of labor and management under 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, b}^ 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 unemi^loyment,
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.
(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 operate to discriminate against them.
(f ) Those engaged in other steps of the economic process will not
have been deprived of the right to be heard prior to the effective
•date of said amendment.
For the above reasons this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harrimax,
.1 (Itn m isfrative Officer.
Novinnu:i; 21. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE COTTON CLOTH GLOVE MANUFACTURING
INDUSTRY
Article IV, Section 1, Subsection (a) is amended to read as
follows :
(a) Glove cutters (others than scrap-leather cutters) 450 per hour.
Approved Code No. 187 — ^Amendment No. 5.
Registry No. 235-1-01.
(268)
Approved Code No. 64 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
DRESS MANUFACTURING INDUSTRY
As Approved on November 24, 1934
ORDEE
Approving Amendments 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 two amend-
ments to a Code of Fair Competition for the Dress Manufacturing
Industry, and the annexed report on said aimendments, 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 Number 6859, and otherwise; does hereby incor-
porate, by reference, said annexed report and does find that said
amendments and the Code as constituted after being amended, com-
ply in all resj^ects with the pertinent provisions and will promote
the policy and purpose 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 in-
clude an approval of said Code in its entirety as amended, such
approval and such amendments to take effect twenty days from the
date hereof, unless good cause to the contrary is shown to the Na-
tional Industrial Recoveiy Board before that time and the National
Industrial Recovery Board issues a subsequent order to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Adininistrator .
Washington, D, C,
Novemhev 2Ii, 19SJf.
(2t;y)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: The Code Authority for the Dress Manufacturing Industry
.submitted two proposed amendments to the Code of Fair Competi-
tion for the Dress Manufacturing Industry. These amendments were
presented to the Legal Division, Research and Planning Division,
Consumers' Advisory Board, Labor Advisory Board and Industrial
Advisory Board of the National Recovery Administration and re-
ceived their approval.
One amendment was merely the correction of a typographical
error in Article VI, Section 1 (b) of the Code which clarified its
meaning. The amendment was in accordance with the standard
form and consistent with the policy of the Administration. For this
reason a Public Hearing was considered unnecessary and in lieu of
(he said hearing 'the amendment was approved in the form of a
show cause order.
The second amendment was an addition to Section 14 of Article
IX to the effect that, it shall be a violation of the Code for any
member to accept orders from a resident buyer unless written au-
thorization is either submitted with the order or is on file with the
Dress Code Authority, This amendment was also in accordance
with the standard form and consistent with the policy of the Admin-
istration. For this reason it was treated in the same fashion as the
first amendment.
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 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 Recovery Act, inducting 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 purpose of coopera-
tive action of labor and management under adequate governmental
sanctions 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
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creased 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-
(270)
271
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 the effective date of
these amendments.
For the National Industrial Recovery Board :
W. A. Harrimax,
Administrative Officer.
November 24, 1934.
]07'.l.-4— 35 18
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE DRESS MANUFACTURING INDUSTRY
The Code of Fair Competition for the Dress Manufacturing In-
dustry as approved on October 31, 1933, is hereby amended as fol-
lows, in Article VI, Section 1 (b) the words, " National Wholesale
Dress Manufacturers Association, 3 members," shall be amended to
read, " National Dress Manufacturers Association, Incorporated, 3
members," and "Affiliated Dress Manufacturers Association, 3 mem-
bers," shall be amended to read "Affiliated Dress Manufacturers,
Incorporated, 3 members."
There shall be added to Section 14 of Article IX, the following:
The above requirement for submission of written authorizations
by resident buyers will be considered fully met if written authoriza-
tion is on file with the Dress Code Authority. It shall be a viola-
tion of the Code for any member to accept orders from a resident
buyer unless written authorization is either submitted with the order
or is on file with the Dress Code Authority.
Approved Code No. 64 — Amendment No. .3.
Registry No. 228-01.
(272)
Approved Code No. 506 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ELECTRIC AND NEON SIGN INDUSTRY
As Approved on November 24, 1934
ORDER
Approving Amendment or Code or Fair Competition for the
Electric and Neon Sign 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 Electric and Neon Sign In-
dustry, 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 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 modified to in-
clude an approval of said Code in its entirety as amended, such ap-
proval and such Amendment to take effect fifteen (15) days froin
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 W. A. Harriman, Adfnimstrative Officer.
Approval recommended:
Kilbourne Johnston,
Division Administrator.
H. Ferris White,
Dejyuty Administrator. '■
Washington, D. C,
November 2Jf, 1931^.
(273)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on the Amendment to Section 2 (a) of Arti-
cle IV of the Code of Fair Competition for the Electric and Neon
Sign Industry, submitted by the Temporary Code Authority of this
Industry in accordance with the provisions of Article VI of said
Code, approved August 24, 1934.
GENERAL STATEMENT
This Amendment is submitted by the Temporary Code Authority
of the Industrj^ in order that the Code may conform to the best poli-
cies governing labor in the Industry.
FINDINGS
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 :
Said Board finds that :
(a) Said 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 purposes of
cooperative action among the trade groups, by inducing and main-
taining united action of labor and management under adequate gov-
ernmental sanctions and supervision, by eliminating unfair compet-
itive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the i)er-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof.
(c) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The Amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(274)
275
(e) Those engaged in other stej)S of the economic process have not
been deprived of the right to be heard prior to approval of said
Amendment.
For these reasons, therefore, said Board has approved this
Amendment, such approval and such Amendment to take effect in
fifteen (15) days, unless good cause to the contrary is shown to it
before that time and it issues a subsequent Order to that effect.
For the National Industrial Kecovery Board:
W. A. Harrtman,
Administrative Officer.
November 24. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ELECTRIC AND NEON SIGN INDUSTRY
The Amendment to the Code of Fair Competition for the Electric
and Neon Sign Industr}!' is as follows :
Article IV, Section 2 (a) which now reads as follows:
" The term " skilled employee " as used in this Section shall mean
sign painters, iron workers, sheet metal workers, maintenance men,
electricians, glass blowers and pumpers, expressly excepting there-
from helpers as hereinafter defined "
is amended to read as follows :
" No skilled employee shall be paid less than at the rate of seventy-
five (750) cents per hour. The term " skilled employee " as used
in this Section shall mean sign painters, iron workers, sheet metal
workers, maintenance men, electricians, glass blowers and pumpers,
expressly excepting therefrom helpers as hereinafter defined."
Approved Code No. 506 — Amendment No. 1.
Registrj' No. 131(>-09.
(276)
I
Approved Code No. 391 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
INSECTICIDE AND DISINFECTANT
MANUFACTURING INDUSTRY
As Approved on November 24, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Insecticide and Disinfectant 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 Insecticide and Disin-
fectant 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 amended to
include an approval of said Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Adtmnistrative O-ffiG&r.
Approval recommended :
Joseph F. Battley,
Acting Division Administrator,
Washington, D. C,
November ^4, 193Jf.
(277)
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 Insecticide and Disinfectant Manufacturing In-
dustry, which was approved by 370U on April 6, 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 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 jfinds 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 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 limi-
tation sub-section (a) of Section 9, 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 this reason this amendment has been approved.
For The National Industrial Recovery Board :
W. A. Harriman,
Administrative Officer.
November 24, 1934.
(278)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE INSECTICIDE AND DISINFECTANT MANUFAC-
TURING INDUSTRY
Delete Article VI, Section 7, Paragraphs (e) and (f).
Delete Article VI, Section 5, and substitute in place thereof :
Section 5. 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 their
approval subject to such notice and opportunity to be heard as they
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 iDeen 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 therefore in its own name.
Each member of the Industry shall pay his or its equitable contri-
bution to the expenses of the maintenance of the Code Authority,
determined as hereinbefore 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 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.
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 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. 391 — Amendment No. 1.
Registry No. 615-01.
(279)
I
Approved Code No. 363 — Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MEN'S NECKWEAR INDUSTRY
As Approved on November 24, 1934
ORDER
Approving Amendment or Code of Fair Competition for the Men's
Neckwear 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 Men's Neckwear 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 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 complj^^ 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 Recovrrt Board,
By W. A. Harriman, AdTninistrative Ofjlcer^
Approval recommended :
Prentiss L. Coonlet,
Acting Division AdministTator^
Washington, D. C,
November 2Jf, WSJ,..
(281)
KEPORT TO THE PRESIDENT
The Peesident,
The White House.
Sir : A Public Hearing on an amendment to the Code of Fair Com-
petition for the Men's Neckwear Industry, submitted by the Code
Authority for the Men's Neckwear Industry, located at 432 Fourth
Avenue, New York, New York, was conducted in Washington on
October 12. 1934, in accordance with the provisions of the National
Industrial Recovery Act.
The amendment authorizes the Code Authority, upon approval by
the Administrator of its proposed certificates of incorporation and
by-laws, to incorporate under the laws of any state of the United
States or of the District of Columbia, said corporation to be known as
the Men's Neckwear Code Authority, Incorporated.
FINDINGS
The Deputy Administrator in his final report to the National In-
dustrial Kecoveiy Board 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, by promoting the fullest possible utilization of the
present productive capacit}^ of the industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent iDrovisions of said Title of said Act. including without limi-
tation Subjection (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 afid the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(282)
283
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative O-jficer^
November 24. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE MEN'S NECKWEAR INDUSTRY
Amend Article V by adding thereto immediately following Sec-
tion 10, the following new section to be designated as Section 11,
" the Code Authority may, upon submission to and approval by the
Administrator of its proposed Certificate of Incorporation and
By-Laws, incorporate under the laws of any state of the United
States or of the District of Columbia, such corporation to be known
as the Men's Neckwear Code Authority, Incorporated. The powers,
objects and purposes of said corporation shall in all respects be
limited to the powers, objects and purposes of Men's Neckwear Code
Authority as provided in this Code and the existence of such cor-
poration shall be during the term of this Code."
Approved Code No. 363 — Amendment No. 5.
Registry No. 248-1-02.
(284)
Approved Code No. 9 — Amendment No. 25
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LUMBER AND TIMBER PRODUCTS INDUSTRY
As Approved on November 27, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Lumber and Timber Products Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National 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 b}^ 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 W, A. Harriman, Administrative Ofjicer.
Approval recommended :
W. P. Ellis,
Division Administrator.
Washington, D. C,
November ^7, 193Ji..
(285)
KEPORT TO THE PRESIDENT
The President,
The White House.
Sir: On August 19, 1933, you approved a Code of Fair Compe-
tition for the Lumber and Timber Products Industries.
^ This is a report on Lumber Code Authority Amendment Number
88, the public hearing on which was conducted in Washington,
D. C, beginning on April 3, 1934, in accordance with the provisions
of the National Industrial Recovery Act.
The Amendment contemplates the revision of portions of fair
trade practices embodied in Schedule " B " of the Lumber and
Timber Products Industries Code.
The fair trade practices which are included in this Amendment
are similar to those included in other Codes, and it is believed by
the Code Authority and the Deputy Administrator that their adop-
tion will result in more ethical business relations in the Lumber
Industry.
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 gen-
eral Avelfare by promoting the organization of industry for the pur-
pose of cooperative action among trade groups, by including and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest ])ossible 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 perti-
nent i)rovisions 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 emj)owers the Code xVuthority to present the afore-
said Amendment on behalf of the industry as a whole.
(d) Tlie Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(286)
287
(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
to this Code.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Oiflcer.
November 27, 1934.
107954 — 35 14
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LUMBER AND TIMBER PRODUCTS INDUSTRIES
Amend Schedule " B " by adding the following section :
Section 10. General. — (a) No person shall wilfully induce or
attempt to induce the breach of any existing contracts between com-
petitors and their agents and their customers by any false or decep-
tive means, or interfere with or obstruct the performance of any
contractual duties or services by any such means, with the purpose
and effect of hampering, injuring, or embarrassing competitors in
their business. •
(b) No person shall publish advertising (whether printed, radio,
display, or of any other nature) which is misleading or inaccurate
in any material particular, nor shall any person in any way misrep-
resent 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.
(c) No person shall defame a competitor by falsely imputing to
him dishonorable conduct, inabilit}^ to perform contracts, question-
able credit standing, or by other false representation, or falsely dis-
parage the grade or quality of his products or goods.
(d) No person shall imitate the trade marks, trade names, slogans,
or other marks of identification of competitors, when such imitations
have the tendency to mislead or deceive purchasers or prospective
purchasers.
(e) No person shall represent in advertisements or otherwise, with
the effect of misleading purchasers or distributors, that he is a manu-
facturer, owner, or operator of a mill or company producing an
article of commerce, when such is not in fact the case.
Approved Code No. 9 — Amendment No. 25.
Registry No. 313-1-06.
(288)
r
Approved Code No. 106 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PRINTERS' ROLLERS INDUSTRY
As Approved on November 27, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Printers' Rollers Industry
An application havins: been duly made pursuant to and in full
compliance Avith the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amendment
to a Code of Fair Competition for the Printers' Rollers 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 b}^ 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 aft^r 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 Officer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
November 27, 1931^.
(289)
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 Printers' Rollers Industry, as approved on November
8, 1933.
The amendment provides for a change in the Avording of Article
VI, Paragraph 1, to provide for a Code Authority consisting of three
members instead of seven members as at present. Notice of Oppoi'-
tunity to Be Heard was given from October 24, 1934, to November
13, 1934. There were no objections filed.
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 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 floAv of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general Avelfare 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
resti'iction 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 T, and Sub-
section (b) of Section 10 thereof.
(c) The applicant group was and is an industrial group truly
representative of the aforesaid Industry and that said group imposed
and imposes no inequitable restrictions on admission to membership
therein and has applied for this amendment.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(290)
291
(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 the approval of said
.amendment.
For these reasons, this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administ^^ative 0-fficer.
November 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PRINTERS' ROLLERS INDUSTRY
Delete Paragraph 1, Article VI and in lieu thereof insert the
following :
"1. (a) To further effectuate the policy of the Act a Code Author-
ity consisting of three members elected by the Industry by a fair
method of selection, approved by the National Industrial Recovery
Board, is set up to cooperate with the National Industrial Recovery
Board as a Planning and Fair Practice Agency for this Industry;
one member of which shall be elected by the Industry to act as
Chairman of the Code Authority.
(b) In addition to membership as above provided, there may be
one or more members, without vote, to be known as Administration
Members, to be appointed by the National Industrial Recovery Board
to serve for such terms as it may specify."
Approved Code No. 106 — Amendment No. 2.
Registry No. 1325-O.S.
(292)
Approved Code No. 47 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR
BANKERS
As Approved on November 28, 1934
ORDER
Approving Amendment of Code of Fair Competition for Bankers^
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 delete Article VIII from the Code of Fair Competition for
Bankers and opportunity to be heard having been afforded to all
interested parties and any objections filed having been duly consid-
ered 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 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 to delete Article VIII 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 L. C. Marshall, Executive Secretary.
Approval recommended :
L. H. Peebles,
Acting Division Adrninisti'ator.
Washington, D. C,
November 28, WSJf.
(293)
REPORT TO THE PRESIDENT
The President,
The White Bouse.
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 Bankers,
the purpose and effect of the Amendment beino; the deletion of
Article VIII of the Code coverinjr Fair Trade Practice Provisions.
This Article deals with hours durino- which banks shall remain open,
interest, service charges, and trust service ethics. Every provision
in this Article states fundamentally sound principles of banking
practice, but we are satisfied that they also cover matters which can
be better handled by local determination and that it is not desirable
to attempt regulation through the provisions of the Code. In addi-
tion banks are now subject to regulation by the Federal Reserve
Board, the Federal Deposit Insurance Corporation and other
agencies. It, therefore, seems unnecessary that the National Recov-
ery Administration shou.ld undertake further regulation of trade
practices but should rather confine its function to regulation of the
wage and hour provisions of the Code.
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 is well
designed to promote the policies and purposes of Title I of the Na-
tional Industrial Recovery Act including the removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount thereof, and 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
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise 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-
(294)
295
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Committee to present the afore-
said amendment on behalf of the Banks subject to the Code.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the ecotiomic 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 :
L. C. Marshall,
Executive Secretary^
November 28, 1934.
Approved Code No. 283 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
READY-MADE FURNITURE SLIP COVERS
MANUFACTURING INDUSTRY
As Approved on November 30, 1934
ORDER
Approving Amendment or Code of Fair Competition for the
Ready-Made Furniture Slip Covers 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 Readj^-Made Furniture
Slip Covers Manufacturing Industry, and 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 Ordeis 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 i^romote 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, Adnvinistrative 0-ffi,cer.
Approval recommended :
Harry S. Berry,
Acting Division Administrator.
Washington, D. C,
Novemler 30, 193 1^.
(297)
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 Ready-Made Furniture Slip Covers Manufacturing
Industry. Notice of opportunity to be heard was given all interested
parties and no objections were received.
This amendment makes the use of the official NRA insignia com-
jDulsory on all products manufactured by members of the Industry.
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 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 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 pro-
moting the organization of industry for the purpose of cooperative
action of labor and management under adequate governmental sanc-
tions 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 inieniplojnnent, by improv-
ing 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) Tlie Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
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:
W. A. Harriman,
Admmistratwe Officer.
November 30, 1934.
(298)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE READY-MADE FURNITURE SLIP COVERS MANU-
FACTURING INDUSTRY
There shall be added to the Code an Article XIV which shall read
as follows :
Subject to all rules, regulations, and orders concerning issuance
and/or use of labels heretofore or hereafter prescribed by the National
Industrial Recovery Board, all members of the Industry shall affix
Lo all their products, officiid labels issued by the Code Authority,
bearing thereon the NRA insignia, this provision to be effective on
such date, not later than thirty (30) days after approval of this
Article, as the Code Authorit}^ may prescribe, provided all members
of the Industr}^ shall be given due notice of the aforesaid effective
(liite by the Code Authority.
Approved Code No. 283 — Amendment No. 2.
Registry No. 299-39.
(299)
Approved Code No. 142 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL JEWELRY TRADE
As Approved on November 30, 1934
ORDER
i^ppROviNG Amendment of Code of Fair Competition for the.
Retail Jewelry Trade
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to the Code of Fair Competition for the Retail Jewelry Trade, and
hearings having been duly held thereon and the annexed report on
said amendments, containing findings with respect thereto, having
been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of 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
amended to include an approval of said Code in its entirety as
amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended:
Robert L. Houston,
Division Administrator.
Washington, D. C,
November 30, 1934.
(301)
KEPORT TO THE PRESIDENT
'J'lie President,
The White House.
Sir : This is a report of the Hearing on certain amendments to the
Code of Fair Competition for the Retail Jewelry Trade, conducted
in the Rose Room of the Washington Hotel. Washington, D. C, on
July 19, 1934; and of a Hearing on an amendment to said Code con-
ducted in Room 128 of the Willard Hotel, Washington, D. C. on May
5, 1934. The amendments which are attached were presented by the
National Retail Jewelry Code Authority, the duly qualified and
authorized representative of the Trade.
The first of the annexed amendments permits professional persons
employed in working at their profession, to work unlimited hours,
provided they receive at least the same minimum wages established
in this Code for executives. Prior to this amendment there was no
restriction as to the hours of labor of professional persons, and due
to the nature of the work of professional persons, it is felt that no
restrictions as to their hours of labor should be contained in the
Code, providing such professional persons receive adequate compen-
sation for their labors.
The second of the annexed amendments permits employees who
are especially skilled to work without restriction as to the maximum
hours of labor during peak periods, provided that such employment
is compensated for at the rate of time and one-half. Inasmuch as
during such peak seasons it is often difficult to obtain skilled work-
men, such as watchmakers, watch repairmen, engravers and setters,
and inasmuch as it is often impractical to employ new employees
whose integrity is not established to handle articles of such high
value which might easily be stolen, and who are not familiar with
the particular work of the establishment in such high skilled lines,
it is felt that this amendment is necessary and proper.
The third amendment annexed hereto, prohibits the piracy of orig-
inal designs of one retail jeweler by another retail jeweler, when
such original design is registered within 48 hours of its creation
with the appropriate Code Authority. Through this provision, a
very unfair practice will be eliminated and the positions of designers
employed by retail jewelers will be more secure. Without such pro-
tection, many retail jewelers could not afford to employ a designer,
lor other retail jewelers who made use of such designs could produce
jewelry based on the original design at a lower cost than the jeweler
who had the expense of creating the design.
The fourth amendment annexed hereto, regulates advertisements
concerning the sale of jewelry merchandise on installment payment
plans in such a manner as to make certain that the consumer will
not be misled as to any obligations which he will have to contract
in addition to the cash price in order to obtain the benefits of paying
the ]nirchase price over a period of time. It is felt that this amend-
ment will prove beneficial both to the great bulk of retail jewelers
and to the consuming public,
(302)
303
P The fifth of these annexed amendments is a revision of the former
provision prescribing a limit on the number of persons who may
work unrestricted hours under the Code. While it is felt advisable
to permit certain types of employees, such as executives and pro-
fessional persons, to work unrestricted hours, due to the nature of
their occupation, it is felt that in order to promote the purposes of
the National Industrial Recovery Act in increasing employment and
bettering the position of employees, a reasonable limit should be
placed upon the number of persons who may work unrestricted hours
under the Code provisions. It is felt that this provision as amended
sets a limit which is equitable both to the retail jewelers concerned
and their employees.
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 j^olicies 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, b}' 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
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the 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 National Retail Jewelry Code Au-
thority to present the aforesaid amendments on behalf of the Trade
as a whole.
(d) The amendments and the Code as amended are not desig-
nated to and will not ])ermit 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 the amendments have been approved.
For the National Industrial Recovery Board :
W. A. Harrimax,
Admiriistrative Officer.
November 30, 103-1:.
10Tn.j4— S3 13
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL JEWELRY TRADE
Subsection (a) of Article IV, Section 4 shall be amended to read
as follows :
(a) The maximum periods of labor prescribed in Section 1 of this
Article shall not apply to professional persons employed and work-
ing at their profession, who are receiving salaries on the same basis
as specified for executives in paragraph (c) of this Section, or to
outside salesmen, outside collectors, watchmen, guards, and store
detectives.
Add the following paragraph to Subsection (d) of Article IV,
Section 4:
During such peak periods employees who are especially skilled,
such as watchmakers, watch-repairmen, engravers, designers, polish-
ers, and setters, may work without restrictions as to the maximum
periods of labor otherwise prescribed for such peak periods and with-
out regard to the consecutive hour provision of Article IV, Section
6; provided, however, that time and one-half shall be paid for any
hours worked in excess of the maximum daily hours otherwise per-
mitted in such periods, and provdied further, that the employer shall
first, without success, have made a bona fide effort to obtain addi-
tional employees.
Add a new Subsection (r) to Article VIII, Section 1 :
(r) No retail jeweler shall take orders for, or imitate, a current
original design of another retail jeweler, which design is registered
within 48 hours of its creation with the appropriate Local Retail
Jewelry Code Authority, or if there be no Local Code Authority,
with the National Retail Jewelry Code Authority ; nor do any work
on any such registered design except with the written consent of the
person making the registration. The protection of any individual
registered design under this provision shall extend for six months
from the date of such registration and no longer. The National
Retail Jewelry Code Authoritv shall, subject to the disapproval of
the National Recovery Administration, promulgate such rules and
regulations concerning registration as may be necessary to provide
that only such current designs as meet the requirements of this provi-
sion shall be registered and for the proper enforcement of this
provision.
Add a new Subsection (s) to Article VIII, Section 1 :
(s) Advertisements offering merchandise for sale on installment
payment plans shall clearly and unequivocally indicate the cash
price, and separately in one total amount, all interest charges and
all other charges which are added to the price at which such mer-
chandise will be sold for cash, and/or which must be paid in excess
of the cash price in order to obtain title to the merchandise so
advertised.
(304)
305
The following paragraph shall be substituted for Section 5 of
Article IV:
5. Limitation Upon Niimber of Persons Working Unrestricted
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, and others) who
shall be permitted to work unrestricted hours shall not exceed the
following ratio, to be computed upon the average number of em-
ployees during the preceding twelve (12) months, unless the estab-
lishment has been operating less than twelve (12) months, in which
case the number of employees of instant date shall be the basis upon
which computation shall be made : In establishments comprised of
twenty (20) workers or less, the total number of workers who may
work unrestricted hours (not including those workers specified in
subsections (a), (b), and the second paragraph of subsection (d)
of Section 4 of this Article) shall not exceed one (1) worker for
every five (5) workers or fraction thereof; provided that in retail
jewelry establishments with fiye (5) or less workers, two (2) workers
qualifying under this Section may, but only in a managerial capac-
ity, work unrestricted hours; in establishments comprised of more
than twenty (20) workers, the total number of workers who may
work unrestricted hours (not including those workers specified in
subsections (a), (b), and the second paragraph of subsection (d) of
Section 4 of this Article) shall not exceed one (1) worker for every
five (5) workers for the first twenty (20) workers and shall not
exceed one (1) worker for every eight (8) workers above twenty (20)
workers.
Approved Code No. 142 — Amendment No. 3.
Registry No. 1631-11.
Approved Code No. 143 — Amendment No, 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
WOOL FELT MANUFACTURING INDUSTRY
As Approved on November 30, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Wool Felt 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, apj)roved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Wool Felt Manufac-
turing 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
authority 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 W. A. Harriman, Admhiistrafive Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
November 30, 1981^.
(307)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on a public hearing on an amendment to the
Code of Fair Competition for the Wool Felt Manufacturing Indus-
try held on October 5, 1934, in Room 1851, Department of Commerce
Building, Washington, D. C. The amendment which is attached
was presented by duly qualified and authorized representatives of
the Industry, complying with statutory requirements and being the
same agency that originally submitted the Code.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public and all
statutory and regulatory requirements were complied with,
PROVISIONS OF THE AMENDMENT
The changes in Article II, Section Y, and Article XI, Section 1,
are merely verbal alterations consisting of the substitution of " Na-
tional Industrial Recovery Board " for "Administrator."
The addition to Article III of a new Section 5 is the standard pro-
vision restricting the employment of an employee by more than one
employer in excess of the maximum hours provided.
The addition to Article IV of a new Section 5 is the standard pro-
vision relative to the employment of aged and handicapped workers.
The addition to Article V of a new Section 7 requires the posting
of copies of the Code.
The substitution of a new Article VI as follows :
Section 1 defines the method of selection of the Code Authorit3^
Section 2 provides for Administration Members on the Code
Authority.
Section 3 provides for submission of by-laws.
Section 4 provides that the Code Authority shall be truly repre-
sentative of the Industry.
Section 5 defines liability of members of the Code Authority.
Section 6 provides for the suspension of any activities of the Code
Authority deemed unfair or unjust.
Section 7 defines powers and duties of the Code Authorit5^
Section 8 provides for a budget and basis of assessment.
Section 9 provides for contribution to expenses of Code Authority.
Section 10 defines limitations on Code Authority in expenditure of
funds.
Section 11 defines further powers and obligations of Code
Authority.
Section 12 provides for arbitration facilities.
Section 13 provides for the maintenance of records of transactions
in the Industry and the furnishing of reports based on such records.
(308)
309
The additions to Article VII as follows :
Section 1 contains a verbal change, " Confidential Agency " being
substituted for " Certified Public Accountant."
Section 2 provides for the submission of such statistical data as
may be necessary for the purposes recited in Section 3 (a) of the Act
and Section 1 of this Article.
The addition to Article VIII of new Sections as follows :
Section 2 is the standard " Commercial Bribery " clause.
Section 7 provides for and defines uniform terms of sale.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendment to said Code having
found as hereinafter set forth 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 designated to promote the policies and purposes of Title I of
the National Industrial Recover}^ Act, including 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 reliev-
ing 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 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 Industr^^ 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 tlie 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 :
W. A. Harriman,
AdtJiinistrative Officer.
November 30, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WOOL FELT MANUFACTURING INDUSTRY
Article II
Section 7, Line 1 : Delete "Administrator " and insert in lieu
thereof " Board ".
Section 7, lines 3 and 4: Delete "Administrator of Title I of said
Act " and insert in lieu thereof " National Industrial Recovery
Board ".
Article III
Add new Section 5 as follows :
Section 5. No employer shall knowingl}^ permit any emploj-ee to
work for any time which, when added to the time spent at work for
another employer or employers, exceeds the maximum permitted
herein.
Article IV
Add new Section 5 as follows :
Section 5. 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, au-
thorizing his employment at such wages and for such hours as shall
be stated in the certificate. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him, show-
ing the wages paid to, and maximum hours of work for such
employees.
Article V
Delete Section 7 of Article V and add a new Section 7 as follows :
Section 7. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the Industr}' shall comply with all rules and regulations rela-
tive to the posting of provisions of Code of Fair Competition which
may from time to time be prescribed by the Board.
Article VI
Amend Article VI by deleting the present Article and adding a
new Article VI as follows :
Article VI — Administration
Section 1. A Code Authority is hereby established, consisting of
five (5) members and five (5) alternateg therefor, each alternate
having the right to be present at all meetings of the Code Authority
(310)
311
but having the right to vote thereat only in the absence of said alter-
nate's member, to be selected in the following manner :
A meeting of all members of the industry qualified to vote in the
election of the Code Authority shall be held annually, upon ten (10)
days' written notice, on such date as the Code Authority may de-
termine. Each qualified member shall certify to such meeting the
average number of industry employees (including every person en-
faged in the industry in the United States receiving compensation
rom such member) on such member's payroll during such period of
time within the same calendar year (called the " census period ") as
the Code Authority may determine. At such meeting each qualified
member, voting in person or by proxy, shall have one vote for each
industry employee so certified by said member, and the following
procedure shall govern :
(a) the smallest number of concerns, present or duly represented
by proxy at the meeting, which during the census period employed
at least 66%% of the aggregate industry employees employed dur-
ing said census period by all concerns present or duly represented by
j)roxy at the meeting, shall be entitled to elect three (3) members of
the Code Authority and three (3) alternates therefor;
(b) all other concerns, present or duly represented by proxy at
the meeting, shall be entitled to elect two (2) members of the Code
Authority and two (2) alternates therefor;
(c) election to the Code Authority shall be determined by a
plurality of the votes cast in any ballot ; provided, however, that at
least 40% of the votes cast in a given ballot shall be required to
elect.
Section 2. In addition to membership as above provided, there
may be up to three (3) members, without vote, to be known as Ad-
ministration Members, to be appointed by the Board to serve for
3uch terms as it may specify.
Section 3. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall (1) impose no inequitable restrictions on membership, and
(2) submit to the Board true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Board may deem necessaiy to effectuate the
purposes of the Act.
Section 4. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Board may prescribe such hear-
ings as it may deem proper; and thereafter if it shall find that the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification of the Code Authority.
Section 5. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shal] 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-
312
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or nonfeasance.
Section 6. If the 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 investi-
gation of the merits of such action and further consideration by
such Code Authority or agency pending final action which shall
not be effective unless the 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.
Section 7. 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 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 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.
Section 8. It being found necessary in order to support the ad-
ministration 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 purpose 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 pur-
poses, and (2) an equitable basis, computed with respect to labor
employed, 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.
Section 9. Each member of the industry shall pay his or its
equitable contribution to the expenses of the maintenance of the Code
Authority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the 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 Authoritv or to
ai3
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
Section 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
Board; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Board shall have so approved.
Section 11. The Code Authority shall recommend to the Board
any action or measures deemed advisable, including further fair
trade practice provisions to govern members of the industry in their
relations with each other or with other industries; measures for in-
dustrial planning, and stabilization of employment; and including
amendments of this Code which shall become effective as part hereof
upon approval by the Board after such notice and hearing as it may
specify.
Section 12. The Code Authority shall provide appropriate facili-
ties for arbitration, and subject to the approval of the Board, to
prescribe rules of procedure, and rules to effect compliance with
awards and determinations.
Section 13. 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 concern-
ing any of such activities when required by the Code Authority or
the Board. If the Code Authority or the 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 verification of such report may be exam-
ined by an impartial agency, agreed upon between the Code Author-
ity and such member, or, in the absence of agreement, appointed by
the Board. In no case shall the facts disclosed by such examina-
tion be made available in identifiable form to any competitor, whether
on the Code Authority or otherwise, or be given any other publica-
tion, except such as may be required for the proper administration
or enforcement of the provisions of this Code.
Article VII
Amend Section 1 of Article VII by deleting " certified public
accountants " in line 5 and inserting in lieu thereof " confidential
agency ".
Amend Section 2 of Article VII by deleting the present Section
and adding a new Section 2 as follows :
Section 2. The members of the industry shall furnish such infor-
mation and reports as may be required for the administration of
the Code. In addition to information and reports required to be
furnished under Section 1 of this Article and to any reports which
the members of the industry may now be under obligation to furnish
to any governmental agency, the members of the industry shall fur-
nish such statistical 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. The statistical information
314
so furnished by any individual member of the industry shall not be
disclosed to any other member of the industry or to any party other
than the agency designated as aforesaid by the Board.
Article VIII
Amend Article VIII by deleting Section 2 and adding a new
Section 2 as follows :
Section 2. No member of the industry shall give, permit to be
given, or directly offer to give, anything of value for the purpose
of influencing or rewarding the action of any employee, agent, or
representative of another in relation to the business of the employer
of such employee, the principal of such agent or the represented
party, without the 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 VIII by adding a new Section 7 as follows :
Section 7. No member of the industry shall sell or offer to sell
any product of the industry, or adjust the sales price or sales terms
thereof, on terms more favorable to the purchaser than the
following :
(a) in the case of all sales other than under (b) below, either
(i) 2% cash discount in ten (10) days or net thirty (30) days;
or
(ii) 2% ten (10) days, net thirty (30) days, E. O. M.; with
no postdating except that shipments made on or after the 25th
day of the month may be dated as of the first of the following
month and except as provided in (c) below.
(b) in the case of sales to automotive, aviation, and farm imple-
ments, industries; 2% cash discount the 25th proximo, net there-
after, with no postdating (except as provided in (c) below).
(c) on direct mill shipments to customers from points west of St.
Louis (Missouri) to St, Louis and points east, and on direct mill
shipments from points east of St. Louis to St. Louis and points
west, R. O. G. (Receipt of Goods) dating may be giA^en.
(d) any trade acceptance, or note given by a purchaser to liquidate
his account with a member of the industry shall be in principal
amount not less than the balance of said account then due, without
allowance of cash discount, and shall bear interest at the rate of 6%
per annum for the term of the instrument.
Article XI
Amend Section 1 of Article XI by deleting "Administrator " in
the sixth line and substituting in lieu thereof " Board."
Approved Code No. 143 — Amendment No. 1.
Registry No. 232-1-04.
Approved Code No. 331 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
BULK DRINKING STRAW, WRAPPED DRINKING
STRAW, WRAPPED TOOTHPICK AND WRAPPED
MANICURE STICK INDUSTRY
As Approved on December 3, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Bitlk
Drinking Straw, Wrapped Drinking Straw, Wrapped Tooth-
pick 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
Recover}' Act, approved June 16, 1H33, for approval of an amend-
ment to a Code of Fair Competition for the Bulk Drinking Straw,
Wrapped Drinking Straw, Wrapped Toothpick and Wrapped Mani-
cure Stick Industry', and due notice and opportunity to be heard
having been given thereon and the annexed report on said amend-
ment, containing findings with respect thereto, having been made
and directed to the President :
NOW, THEREFORP], 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 tliat 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 Off^cer^.
Approval recommended :
Joseph F. Battle y.
Acting Division Administrator.
Washington, D. C,
December J, 1934.
(315)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on an amendment to the Code of Fair
Competition for the Bulk Drinking Straw, Wrapped Drinking
Straw, Wrapped Toothpick and Wrapped Manicure Stick Industry
which was approved by you on March 14, 1934.
The purpose of the amendment is to exempt export trade from
the Code provisions relating to prices or terms of selling, shipping
and marketing.
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 I7ii.tional Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and 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 un-
fair competitive practices, by promoting the fullest possible utiliza-
tion 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 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 reasons this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harriman, ,
December 3, 1934 Administrative Officer.
(316)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BULK DRINKING STRAW, WRAPPED DRINKING
STRAW, WRAPPED TOOTHPICK AND WRAPPED MANI-
CURE STICK INDUSTRY
Article VI is amended by adding thereto a new section to be
known as Section 14, and to read as follows :
Section 14. No provision of this Code relating to prices or terms
of selling, shipping, or marketing shall apply to sales or shipments
for export. " Export " shall mean trade between the United States
or any possessions thereof (except the Philippine Islands, the Virgin
Islands, American Samoa, and the Island of Guam) and any foreign
country.
Approved Code No. 331 — Amendment No. 2.
Registry No. 407-08.
(317)
Approved Code No. 126 — Amendment No, 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CHINAWARE AND PORCELAIN MANUFACTURING
INDUSTRY
As Approved on December 3, 1934
ORDER
Approving Amendment or Code of Fair Competition for the
Chinaware 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 an amend-
ment 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-
25, dated November 2, 1934, and any objections filed having been
duly considered, and the annexed report 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 re-
spects with the pertinent provisions and will promote the policy
and purpose 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 Indus-
trial Recovery Board before that time and the National Industrial
Recovery Board issues a subsequent order to that effect.
National Industrial Recovery Board,
By W. A. Harriman, AdTninistrative Ofjlcer.
Approval recommended :
W. P. Ellis,
Acting Division Administrator.
Washington, D. C,
December <?, 1931^..
107954—35 16 (319)
KEPORT TO THE PRESIDENT
The President,
The 'White House.
SiE : An Opportunity to be Heard on an Amendment to the Code
of Fair Competition for the Chinaware and Porcelain 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 and any objections
filed have been duly considered.
The Amendment provides for the definition of the Vitrified and
Semi-Vitrified Branches of the Industry and for the power of the
Code Authority to delegate to these Branches such of its powers and
duties as it may deem necessary and desirable for the administration
of the 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 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 jDromoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the
pertinent 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 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 lieard prior to approval of
said Amendment.
For these reasons, therefore, we have approved this Amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
December 3, 1934. Adrninistrative Officer.
(320)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CHINA WARE AND PORCELAIN MANUFACTUR-
ING INDUSTRY
Amend Article II, Section (a) by adding a new Sub-section (1)
as follows :
(1) The term •'" Vitrified China Branch" of the Industry as used
herein is defined to mean the manufacturers of all properly glazed
vitreous and/or vitrified china, tableware, kitchenware, dinnerware,
and kindred lines, except sanitary, including all processes for the
production of such commodities for general commercial resale;
earthenware, stoneware, or clay flower pots, however, being hereby
specifically excluded.
Amend Article II, Section (a) by adding a new Sub-section (2)
as follows:
(2) The term " Semi-Vitrified China Branch " of the Industry as
used herein is defined to mean the manufacturers of all properly
glazed semi-vitreous or semi-vitrified china, tableware, kitchenware,
dinnerware and kindred lines, except sanitary, including all proc-
esses for the production of such commodities for general commercial
resale: earthenware, stoneware, or clay flower pots, however, being
hereby specifically excluded.
Amend Article VI, Section 2 by adding a new Sub-section (c) as
follows :
(c) The Code i^uthority subject to the disapproval of the National
Industrial Recovery Board, may delegate to those members of the
Code Authority nominated by the American Vitrified China Manu-
facturers Association and representing the Vitrified China Branch
(hereafter called Vitrified China Branch Authority), and to those
members of the Code Authority nominated by The United States
Potters Association and representing the Semi-Vitrified China
Branch, hereafter called Semi-Vitrified China Branch Authority),
respectively, such of the duties, powers and authority of the Code
Authority as it may deem necessary or desirable for the Administra-
tion of this Code.
Approved Code No. 126 — Ameudment No. 3.
Registry No. 1033-1-01.
(321)
Approved Code No. 289 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CLOTH REEL INDUSTRY
As Approved on December 3, 1934
ORDER
Approving Amendment or Code of Fair Competition for the Cloth
Reel 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 Cloth Reel 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 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, Adininistrative Officer.
Approval recommended :
Joseph F. Battley,
Acting Division Administrator.
Washington, D. C,
December 3, 1934.
(323)
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 Cloth Reel 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 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 maj^ be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improved 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 reasons this amendment has been approved.
For the National Industrial Recovery Board:
W. A. Harriman,
December 3, 1934. Administrative OfflceT.
(324)
AMENDMENT TO CODE OF FAIE COMPETITION FOE
THE CLOTH EEEL INDUSTEY
Delete Article II, Section 5, and substitute therefor:
5. (a) It being found necessary in order to support the administra-
tion of the Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized :
1. To incur such reasonable obligations as are necessary and proper
for the foregoing purposes, and to meet such obligations out of
funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Code.
2. To submit to the National Industrial Eecovery 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 Eecovery 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
Eecovery 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 Eecovery 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 Eecovery Board; and no subsequent budget shall contain
any deficiency item for expenditures in excess of prior budget
estimated except those which it shall have so approved.
Appi-oved Code No. 289^ — Amendment No. 1.
Registry No. 405-35.
(3-J.1)
Approved Code No. 234 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MACARONI INDUSTRY
As Approved on December 3, 1934
ORDER
Approving Amendment of Code of Fair Qompetition for the
Macaroni 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 Macaroni Industry,
and hearings having been duly held thereon and the annexed re-
port 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
amendment to take effect ten (10) days from the date hereof, pro-
vided, however, that such approval and such amendment of para-
graphs (t), (u) and (v) in Section 1 of Article II shall not become
effective until thirty (30) days from the date hereof, unless good
cause is shown to the National Industrial Recovery Board within
ten (10) days or thirty (30) days as the case may be, and the said
Board issues a subsequent order or orders to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Oifvcer.
Approval recommended:
Armin W. Riley,
Division Administrator.
Washington, D. C,
December 3, 19^3.
(327)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an Amendment to the Code of Fair Com-
petition for the Macaroni Industry, No. 234, as approved on January
29, 1934, and amended on Julv l9, 1934, September 21, 1934 and
October 9, 1934.
The Code Authority' proposed an amendment on August IT, 1934,
and as a result of a Public Hearing and conferences between the
Code Authority and the National Recovery Administration this
amendment was modified and is presented herewith. The amend-
ment may be described briefly as follows: —
The definitions are added to by defining the raw materials referred
to in the Code, which should preclude any misunderstanding of
terms used ;
A provision is added providing that each member of the industry
shall keep available accurate and complete records of its transactions
in the industry whenever such records may be required under any
of the provisions of the Code ;
A provision has been added providing that contracts for future
delivery at a fixed price shall be limited to ninety (90) days, and
shall be in pursuance of a bona fide contract corresponding to the
filed open i^rice, a copy of which must be kept on file for a year ;
A provision has been added stipulating that each member of the
industry shall file with the Code Authority a complete list of brands
or trade marks together with pertinent information concerning
them ;
A provision has been added which requires the Code Authority
to develop a plan for the standardization of containers for use in
the industry, which plan is subject to the approval of the National
Industrial Recovery Board;
Changes and additions have been made to various provisions in
the Code, the intent of which are to clarify the meaning and prevent
misunderstanding.
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 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 the industry for the pur-
pose of cooperative action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
(328)
329
the present productive capacit}^ of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to the approval of
said amendment.
Therefore the amendment to this Code has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative O'fflcer.
December 3. 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
MACARONI INDUSTRY
Add to definitions: Article II —
(o) The term " Flour " means the fine-ground product obtained in
the commercial milling of wheat, and consists essentially of the starch
and gluten of the endosperm. It contains not more than fifteen per
cent of moisture, not less than one per cent of nitrogen, not more
than one per cent of ash and not more than 0.5 per cent of fiber.
(p) The term " Hard Wheat Flour " means " Flour " obtained in
the commercial milling of hard wheat other than durum.
(q) The term " Durum Flour " means " Flour "' obtained in the
commercial milling of durum wheat.
(r) The term " Durum Fancy Patent Flour " means " Flour " ob-
tained in the commercial milling of durum Avheat which contains not
less than sixty per cent of hard and vitreous kernels of amber color,
and is that portion of the endosperm obtained by the reduction of the
purified middlings of such wheat.
(s) The term "Purified Middlings'' means the granular product
obtained in the commercial process of milling wheat, and is that
portion of the endosperm retained on 10 XX silk bolting cloth. It
contains not more flour than is consistent with good commercial prac-
tice, nor more than fifteen per cent of moisture.
(t) The term " Standard Semolina " or " Semolina " means the pu-
rified middlings of durum wheat containing not more than two per
cent of flour which will pass through a 10 XX silk bolting cloth.
(u) The term " No. 1 Semolina " or " Fancy Semolina " means the
purified middlings of durum wheat containing not less than sixty
per cent of hard and vitreous kernels of amber color, and is of such
granulation that not less than ninety per cent of the middlings will
be retained on a 7 XX silk bolting cloth, and not more than two per
cent will pass through 10 XX silk bolting cloth.
(v) The term " Standard Farina '' or " Farina " means the puri-
fied middlings of hard wheat other than durum containing not more
than two per cent of flour which will pass through a 10 XX silk bolt-
ing cloth.
Change paragraph (i) of Section 7, Article VI to read:
Each member of the industry shall keep accurate and complete
records of its transactions in the industrj^ 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 Autliority or the National
Industrial Recovery 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 verification of such report may be examined by an impartial
(330)
331
agency, agreed upon between the Code Authority and such mem-
ber, or, in the absence of agreement, appointed by the National In-
dustrial 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 adminis-
tration or enforcement of the provisions of this code.
Change sub-paragraph 2, paragraph (c) of Section 2, Article VII
to read :
If its label fails to bear a true statement of the farinaceous ingre-
dients used in order of jDredominance by weight.
Change word " section " to " article " in second line of sub-para-
graph 3, paragraph (c) of Section 2, Article VII.
Strike out paragraph (c) of Section 3, Article VII.
Paragraphs (d), (e), (f) and (g) will then become paragraphs
(c), (d), (e) and (f) as amended.
Strike out paragraph (d) of Section 3, Article VII and in lieu
thereof insert paragraph (c) which will read as follows :
Whenever the words, " egg ", " egg noodles ", or " noodles " appear
on the label of any macaroni product such product shall contain not
less than 5.5 per cent of egg or egg yolk solids on a dry basis except
that the term " plain noodles " may be used for the ribbon shaped
macaroni product commonly known by that name if such product
contains no egg and if the Avord " plain " is contiguous to and in
the same size and color of type as " noodles " and on the same colored
background.
Paragraph (g) of Section 3, Article VII will become paragraph
(f) and will read as follows:
No artificial color shall be used in any macaroni product.
Insert in Section 6, Article VII, following the word " shall " in the
first line thereof the words " offer to sell, contract to sell, or ".
Change paragraph (f) of Section 6, Article VII to read:
No member of the industry shall offer or make a quantity price
unless it is based upon and reasonably measured by a saving result-
ing from a substantial difference in the quantity sold and delivered.
Add paragraph (h) to Section 6, Article VII —
No member of the industry shall sell or contract to sell macaroni
products for delivery after thirty days from date of sale, unless in
pursuance of a written contract signed by both buyer and seller,
stating date of contract, quantity, quality, size and style of package,
price, terms of sale and time of delivery. The contract price when
made, must correspond to the " Open Price " on file with the Code
Authority. In order that the Code Authority may at all times be
in a position to determine whether or not a contract to sell macaroni
products indicates a violation of this Code, members of the industry
shall keep on file copies of all contracts bearing the signatures of the
buyer and seller for at least one year after deliver}- is completed.
If, at any time, a member changes his " Open Price " so that deliver}-
on contracts w^ould be at prices different from the current filed prices,
he must file with a confidential agent of the Code Authority a list
of all contracts not for immediate delivery which call for delivery
of macaroni products at prices different from the current filed prices.
Such lists shall include date of contract, quantity undelivered, qual-
332
ity, size and style of package, price, terms of sale, and expiration
date and either the name of the buyer or a code number by Avhich
the contract may be identified in the event of an alleged violation.
An order or contract shall be considered not for immediate delivery
within the meaning of this provision, if the final delivery date i&
more than thirty days from the date of change in the member's-
filed prices.
Add Section 18 to Article VII—
Each member of the industry shall file with the Code Authority
within thirty days after the effective date of this amendment, a com-
plete list of brands or trade-marks controlled bj- him as a manufac-
turer or distributor, together with information covering weight, size
and style of package, quality of raw material used under each brand
or trade-mark, name of manufacturer or distributor appearing on
package, and such other information as may be required by the Code
Authority to properly identif}' and classify products of members of
the industry and it shall be a violation of this Code to change the net
weight or quality of the contents of any package without first notify-
ing the Code Authority of such change. This provision shall not
apply to brands or trade-marks of trade buyers not owned by or
affiliated with a member of the industry. The information required
to be filed with the Code Authority by this Section shall be kept
available for the information of all members of the industry.
Add Section 19 to Article VII—
No member of the industry shall withhold from or insert in any
quotation or invoice any statement that makes it inaccurate in any
material particular.
Add Section 20 to Article VII—
Each member of the industry shall make a record of each sale of
macaroni products made by him which record shall accurately state
all the conditions affecting the sale, and a cop}' of such record shall
remain on file for a period of one year.
Add Section 21 to Article VII—
In order to prevent misrepresentation and safeguard the interests
of the public, the Code Authority shall forthwith develop a plan for
the standardization of containers for bulk and package macaroni
products, with respect to weight of contents, size of package, style
and size of type in marking net weight and name of farinaceous in-
gredients, and any other matter specifically covered by this Code-
After due notice and hearing in such manner as the Code Authority
shall prescribe, a plan with all the evidence pertaining thereto, in-
cluding the full minutes of the Code Authority hearing, shall be pre-
sented to the National Industrial Recovery Board for its approval.
After such approval, it shall be a violation of the Code for any manu-
facturer to deviate from the plan prescribed in accordance with the-
above provision.
Approved Code No. 234 — Amendment No. 4.
Registry No. 129-1-02.
Approved Code No. 87 — Amendment No, 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LEATHER AND WOOLEN KNIT GLOVE
INDUSTRY
As Approved on December 4, 1934
ORDEK
Approving Amendment or Code of Fair Competition for the
Leather and Woolen Knit Glove 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 Leather and Woolen Knit
Glove 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, inclirding
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 be and it is
hereby amended to include an approval of said Code in its entirety
as amended ;
PROVIDED, HOWEVER, that Section 13— "Advertising "—of
Article VIII be and it hereby is stayed until such time as a subse-
quent Order is issued thereon.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Oftcer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
December 4, 193Jf.
(333)
REPORT TO THE PRESIDENT
The President,
Ttie 'White House.
Sir: This is a report on amendments of the Code of Fair Com-
petition for the Leather and Woolen Knit Glove Industry. The
amendments which are attached were presented by the Code Author-
ity for the Leather and Woolen Knit Glove Industry and the Na-
tional Recovery Administration, however the amendments in their
present form have been assented to by the Code Authority for the
Leather and Woolen Knit Glove Industry on behalf of the said
Industry.
A public hearing, of which due notice was given all interested
parties, was held August 3, 1934 on these amendments. All persons
who requested were fairly heard in accordance with rules and regu-
lations of the National Recovery Administration.
The amendments amend Articles IV, V, VI and VIII of the Code
as approved by you November 4, 1933 and later amended September
5, 1934.
Article IV is amended by deleting Section 3, which is a provision
for handicapped workers that is now inconsistent with policy.
Article V is amended by adding two new sections. The first pro-
vides for standards for safety and health of employees within the
Industry. The second provides for employment of handicapped
workers on light work at a wage below the minimum established
by the Code if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate
authorizing such person's employment.
Article VI is amended by revising the language of the first para-
graph of Section 2; by adding three new sections providing for a
Trade Practice Complaints Committee to handle trade practice com-
plaints, a Trade Practice Committee to meet with the trade prac-
tice committees appointed under such other codes for related
industries for the purpose of formulating fair trade practices to
govern the relationships between manufacturers under this Code
and such other codes, and a National Labor Complaints Committee
to deal with complaints relating to labor in accordance with rules
and regulations issued by the National Industrial Recovery Board;
and by adding another new section providing for alternate Code
Authority members to sit at Code Authority meetings and to vote
in the absence of the principal.
Article VIII is amended by deleting the entire Article as con-
tained in the Code when originally approved and substituting a
new Article which contains fourteen unfair trade practices. Un-
fair trade practice No. 1 prohibits commercial bribery. Unfair
trade practice No. 2 prohibits discounts in excess of a minimum
rate. Unfair trade practice No. 3 prohibits false billing. Unfair
(334)
335
trade practice No. 4 prohibits copying of original designs, copy-
right, trade marks or trade names of a competitor by a member of
the Industry and provides for regulations to effect the purposes of
the provision to be adopted by the Code Authority for the Industry,
subject to the approval of the National Industrial Recovery Board.
Unfair trade practice No. 5, prohibits consignment selling. Unfair
trade practice No. 6 prohibits return of merchandise except on spec-
ified conditions. Unfair trade practice No. 7 prohibits false rep-
resentation of merchandise by printing, radio, display, false brand-
ing, marked or packed, or in any other form or manner which
is misleading. Unfair trade practice No. 8 prohibits certain
marking or branding of gloves. Unfair trade practice No. 9
prohibits any member of the Industry interfering with a
competitor. Unfair trade practice No. 10 prohibits allowances,
refunds, rebates, credits or unearned discounts. Unfair trade
practice No. 11 prohibits defamation of competitors. Unfair
trade practice No. 12 prohibits shipping of merchandise other than
on shipping terms of F. O. B. factory or main warehouse, which
includes free delivery to any shipping or forwarding agency or store
within the city in which the factory or main warehouse is located.
Unfair trade practice No. 13 was designed to prohibit the sharing
by members of the industry, in whole or in part, the cost of adver-
tising of any customer's agent, but it has appeared that justice re-
quires that it should be stayed until further action can be taken by
the National Industrial Recovery Board. Unfair trade practice No.
14 prohibits subterfuge and to evade the Code or any of its
provisions.
These amendments are the result of the experience of the industry
under the Code for approximately one year, and the result of care-
ful consideration of the practical effect of the Code provisions by
both the Code Authority for the industry and the National Recovery
Administration.
FINDINGS
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 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 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
increasing the consumption of industrial and agricultural products
through increasing purchasing poAver, by reducing and relieving un-
107954—35 17
336
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 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 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
amendments.
For the above reasons these amendments have been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Officer.
December 4, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE LEATHER AND WOOLEN KNIT GLOVE INDUSTRY
Article IV
Amend Article IV by deleting Sec. 3 thereof and renumbering
subsequent remaining provisions 3, 4, 5, 6 and 7.
Article V
Amend Article V by adding thereto a Section numbered 5* to read
as follows:
5. 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 National Industrial Recovery Board within thirty
(30) days after the effective date of this Amendment.
Sections 5, 6, 7, 8, 9 and 10 of Article V shall become Sections 6, 7,
8. 9, 10 and 11 respectively.
Amend Article V by adding thereto a Section numbered 12 to
read as follows :
12. A person whose earning capacity is limited because of age^
physical or mental handicap, or other infirmity, may be employed
on light work at a wage below the minimum established by this
Code, if the employer obtains from the State authority, designated
by the United States Department of Labor, a certificate authorizing
such person's employment at such wages and for such hours as shall
be stated in the certificate. Such authority shall be guided by the
instructions of the United States Department of Labor in issuing
certificates to such persons. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him, show-
ing the wages paid to, and the maximum hours of work for such
employees. The number of handicapped workers thus employed by
a member of the industry shall not exceed ten (10 percent of the
total number of workers employed by such member of the Industry.
Article VI
Amend the first paragraph of Section 2 of Article VI to read as
follows :
2. 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 this Code.
Amend Section 3 of Article VI by substituting in lieu thereof the
following :
3. (a) The Code Authority shall create a Trade Practice Com-
plaints Committee to handle trade practice complaints. This Com-
(337)
338
mittee shall be representative of different groups and interests in the
Industry, and shall be established in accordance with rules and regu-
lations prescribed by the National Industrial Recovery Board.
(b) The Code Authority shall appoint a Trade Practice Com-
mittee which shall meet with the Trade Practice Committees
appointed under such other Codes as may be related to the industry
for the purpose of formulating fair trade practices to govern the
relationships between employers under this Code and under such
other Codes, to the end that such fair trade practices may be pro-
posed to the National Industrial Recovery Board as amendments
to this Code and such other Codes.
(c) There shall be established a National Labor Complaints Com-
mittee for the Industry, which shall consist of an equal number of
representatives of employers and employees and an impartial chair-
man. The National Industrial Recovery Board shall appoint such
impartial chairman upon the failure of the committee to select one
by agreement. If no truly representative labor organization exists,
the employee members of such board may be nominated by the Labor
Advisory Board of the N. R. A. and appointed by the National
Industrial Recovery Board. The employer representatives shall be
chosen by the Code Authority. Such committee shall deal with com-
plaints relating to labor in accordance with rules and regulations
issued by the National Industrial Recovery Board. The National
Labor Complaints Committee may establish such regional labor
complaints committees as it may deem desirable, each of which shall
be constituted in like manner as the National Labor Complaints
Committee.
Amend Article VI by adding thereto a Section numbered 8 to
read as follows :
8. There shall be elected by the members of the National Associa-
tion of Leather Glove Manufacturers, Incorporated, Gloversville,
New York, one alternate for each Industry member of the Code
Authority for a term coextensive with that of his principal, and
such alternate shall have full authority to sit at meetings of the Code
Authority and to vote, if his principal is absent.
Article VIII
Amend Article VIII by substituting in lieu thereof the following :
For all purposes of this Code the provisions hereinafter set forth
shall constitute unfair trade practices. Any member of the industry
who shall directly, or indirectly through any officer, employer, agent,
or representative, knowingly use, employ, or permit to be employed
or be engaged in any of such unfair trade practices, shall be guilty
of violation of the Code and be subject to the penalties provided in
the Act.
1. C oTiiniercial Bribery. — No member of the industry shall give,
permit to be given, or offer to give, anything of value, for the pur-
pose of influencing or rewarding the action of any employee, agent
or representative of another in relation to the business of the em-
ployer of such employee, the principal of such agent or the repre-
sented party, without the knowledge of such employer, principal
or party. This provision shall not be construed to prohibit free and
339
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery
as hereinabove defined.
2. Terms. — It shall be unfair trade practice to sell merchandise
at a cash discount in excess of six per cent (6%) 10 days E.O.M.,
(end of month) except that merchandise shipped after the 25th
day of any month will be dated as of the first day of the following
month. Anticipation shall not be allowed at a rate in excess of six
per cent (6% ) per annum.
3. False Billing. — No member of the industry shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material particular.
4. Design Piracy. — It shall be unfair trade practice to copy
original designs, copyrights, trade names, or trade marks of a com-
petitor without the written permission of such competitor. Regula-
tions to effect the purpose of this provision may be adopted by the
Code Authority subject to the National Industrial Recovery Board's
approval.
5. Consignment. — It shall be unfair trade practice to sell or deliver
goods subject to consignment or by any other method which has
the effect of selling on consignment or memorandum or guaranteeing;
retail turnover.
6. Returns. — Members of the industry shall accept merchandise
for credit, replacement or adjustment when returned within seven
(7) working days from date of receipt by the customer only for the
following reasons : Noncompliance with order by shipper, or mer-
chandise showing faulty material or workmanship ; if after seven
(7) days, only for breach of written confinement agreement, or mer-
chandise showing faulty material or workmanship. There shall
be no credit, replacement or adjustment made on gloves that show
careless handling or misuse or signs of more than slight wear.
7. False Representation. — No member of the trade shall falsely
represent (whether by printing, radio, display, or by any other form)
or falsely brand, mark or pack any goods, in any nianner, which
is misleading. Nor shall any member of the Industry in any way
misrepresent any goods (including, but without limitation, their
use, trade-mark, quality, quantity, origin, size, finish, material, or
serviceability) or credit terms, values, policies, services or the nature
or form of the business conducted.
8. Marking or Branding. — It shall be unfair trade practice to mark
with the words " table cut " any gloves which are not cut and fabri-
cated according to the standards fixed by the Code Authority, or to
use the Glovers' Guild Mark except on goods cut and fabricated in
accordance with rules established by the Code Authority, and no
other designation of cutting shall be used except as approved by
the Code Authority, all subject to the disapproval of the National
Industrial Recovery Board.
Odd lots, substandard and distress merchandise shall be branded
as designated by the Code Authority, with the approval of the Na-
tional Industrial Recovery Board. The sale of such distress mer-
chandise shall be reported to the Code Authority when invoiced.
_ 9. Interference with Competitor. — It shall be unfair trade prac-
tice to maliciously induce or attempt to induce the breach of an
340
existing oral or written contract between a competitor and his officers
or agents or between a competitor and his customer or source of
supply, or interfere with or obstruct the performance of any such
contractual duties or services.
10. Allowances. — It shall be unfair trade practice to make or give
allowances, or refunds, rebates, credits or unearned discounts
(whether in the form of money or otherwise) and/or special privi-
leges or services not openly extended to all purchasers of the same
class on like terms and conditions.
11. Defamation. — The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods, shall
be considered unfair trade practice.
12. TraTisportation. — All members of the industry shall sell mer-
chandise on the shipping terms of f. o. b. their factory or main
warehouse which includes free delivery to any shipping or forward-
ing agency or store within the city in which the factory or main
warehouse is located.
13. Advertising. — It shall be unfair trade practice for any member
of the industry to share in whole or in part the cost of the advertising
of any customer's agent.
14. Subterfuge. — -It shall be unfair trade practice to resort to sub-
terfuge to evade this code or any of the provisions thereof.
Approved Code No. 87 — Amendment No. 2.
Registry No. 913-1-01.
Approved Code No. 171 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ROLLING STEEL DOOR INDUSTRY
As Approved on December 4, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Rolling Steel Door Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Rolling Steel Door In-
dustry, Notice of Opportunity to be Heard having been published,
and no objections having been filed, and the annexed report on said
amendment, containing findings with respect thereto, having been
made and directed to the President.
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including Exec-
utive Order 6859, and otherwise, does hereby incorporate, by refer-
ence, said annexed report and does find that said amendment and the
Code as constituted after being amended comply in all respects with
the pertinent provisions and will promote the policy and purposes of
said Title of said Act, and does hereby order that said amendment
be and it is hereby approved, provided. Sections 8 and 10 (g) of
Article VI are deleted from the Code, 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 National Industrial Recovery Board issues
a subsequent order to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative OfJiceT.
Approval recommended:
KiLBOURNE Johnston,
Acting Division AdmAnistrcdor.
Washington, D. C,
December 4, 193^.
(341)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : An application has been duly made pursuant to and in full
compliance with provisions of the National Industrial Recovery Vet
for an Amendment to the Code of Fair Competition for the Rolling
Steel Door Industry, submitted by the Code Authority for the said
Industry.
The existing provision of Article VI, Section 10(f), of the Code
for said Industry is entirely inadequate in view of Executive Order
No. 6678, dated April 14, 1934, and Administrative Order X-36,
dated May 26, 1934, and it is therefore evident that the proposed
Amendment to Article VI, Section 10(f) of said Code, the provisions
of which are in accordance with the text of the above mentioned
Orders, will enable the Industry to secure the desired result.
FINDINGS
The Deputy Administrator in his final report to 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
governmental sanction and supervision, b}^ 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 per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(342)
343
(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
^"Por these reasons, therefore, we have approved this amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Officer.
December 4, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ROLLING STEEL DOOR INDUSTRY
Delete Section 10 (f ) , Article VI ; renumber Sections 9 and 10 to Sec-
tions 8 and 9 respectively; reletter paragraphs (h) and (i) to para-
graphs (g) and (h) respective^ of new Section 9, Article VI; add
the following to be numbered paragraph (f) Section 9, Article VI:
1. It being found necessary in order to support the administration
of this Code and to maintain the standards of fair competition estab-
lished hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
(a) to incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code ;
(b) to submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry; and
to that end, if necessary, to institute legal proceedings therefor in its
own name.
2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Administrator. Only mem-
bers of the industry complying with the Code and contributing to
the expenses of its administration as herein provided, unless duly
exempted from making such contributions, shall be entitled to par-
ticipate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
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 Adminis-
trator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Administrator shall have so approved.
Approved Code No. 171 — Amendment No. 1.
Registry No. 1139-01.
(344)
Approved Code No. 413 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PASTED SHOE STOCK INDUSTRY
As Approved on December 6, 1934
OKDER
Approving Amendment of Code of Fair Competition for the Pasted
Shoe Stock 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 Pasted Shoe Stock
Industry, and notice of opportunity to be heard having been duly
given thereon and the annexed report on said amendment, contain-
ing findings with respect thereto, having been made and directed to
i"np rT*pmriPTif" *
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity A'ested 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 resj)ects with the pertinent provisions and
will promote the policy and purposes of said Title of said Act, and
does hereby order that said amendment be and it is hereby approved,
and that the previous 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 Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C.,
Decemher 6, 193Jf.
(345)
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 Pasted Shoe Stock Industry, which has been sub-
mitted 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 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 the said Code and the Code as amended
are well designed to promote the policies and purposes of Title I
of the National Industrial Recovery Act, including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adec^uate
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 re-
strictions of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural producte
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise re-
habilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without 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.
(346)
347
(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 the amendment has been approved.
For the National Industrial Eecovery Board
W. A. Harriman,
Administrative Oificer.
December 6, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PASTED SHOE STOCK INDUSTRY
The following shall be substituted for Article V, Section 5:
5. It being found necessary to support the administration of this
Code, in order to effectuate the policy of the Act and to maintain
the standards of fair competition established hereunder, the Code
Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided.
(b) To submit to the 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 the fore-
going purposes, and
(2) An equitable basis upon which the funds necessary to support
such budget shall be contributed by all members of the Industry
entitled to the benefits accruing from the maintenance of such stand-
ards, and the administration thereof;
(c) After such budget and basis of assessment have been approved
by the National Industrial Recovery Board, to determine and collect
equitable assessments as set forth, and to that end, if necessary, to
institute legal proceedings therefor in its own name.
(d) Each member of the Industry shall be liable for his or its
equitable assessment to the expense of the maintenance of the Code
Authority as hereinabove provided.
(e) Only member 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 make use of any emblem or insignia of the
National Recovery Administration.
(f) The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the 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. 413 — Ameudnieiit No. 1.
Registry No. 926-01.
(348)
\
Approved Code No. 211 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ROBE AND ALLIED PRODUCTS INDUSTRY
As Approved on December 6, 1934
OKDER
Amendment or Code of Fair Competition for the Robe and Allied
Pr.oDUCTs Industry
An application having been, cluly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 193;j, for approval of certain
amendments to the Code of Fair Competition for the Robe and Allied
Products Industry, and hearings having been duly held thereon and
the enclosed report on said amendments containing findings with
respect thereto having been made and directed to the President :
WHEREAS, Article YI, Section 5 of the Approved Code of Fair
Competition for the Robe and Allied Products Industry is incon-
sistent with policy. For this reason this Section of the Code is
hereby stayed until further order of the National Industrial Recovery
Board.
NOW, THEREFORE, the National Industrial Recovery Board,
on behalf of the President of the United States, jnirsuant to authority
vested in it by Executive Orders of the President, including execu-
tive Order Number 6859, dated September 27, 1984, and otherwise;
does hereby refer to said annexed report and does find the said
amendments and the Code as constituted after being amended, comply
in all respects with the pertinent provisions and will tend to 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 be and it is hereby amended
to include an approval of said Code in its entirety as amended.
National Industry Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
December 6, 1931^.
(349)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: A Public Hearing was held September 20, 1934 on the pro-
posed amendments to the Code of Fair Competition for the Robe
and Allied Products Industry.
The amendments to the Code contain provisions for: Classifica-
tion of the manufacturing employees, maintaining of time records,
discounts and Mandatory Assessment for the maintenance of the
Code Authority.
Article VI, Section 5 of the Approved Code of Fair Competition
for the Robe and Allied Products Industry, approved October 21,
1933, is inconsistent with policy in connection with the proposed
amendments. For this reason this Section of the Code has been
stayed.
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:
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 ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate 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
subsection (a) of Section 3, subsection (a) of Section 7 and subsec-
tion (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said 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.
(350)
351
(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 the reasons contained herein said amendments are approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Officer.
December 6, 1934.
107054—35-
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ROBE AND ALLIED PRODUCTS INDUSTRY
The Code of Fair Competition for the Robe and Allied Products
Industry is amended by the following :
A section to be known as Section 8 of Article III shall read as
follows :
Section 8. The provisions of this Article shall apply to any mem-
ber of the industry performing manufacturing functions usually
performed by an employee, even though said person be a partner,
associate, an officer, a director, or stockholder of a company or cor-
poration which is a member of the industry.
A section to be known as Section 13 of Article V shall read as
follows :
Section 13. All employers in the industry must maintain a time
clock or a time book and keep accurate record of the time worked by
all employees subject to the Code, including pieceworkers. All such
records shall be preserved intact for a period of one year from the
date records were taken.
Amend Article VI, Section 7 (i) to read as follows, instead of as
amended April 26, 1934:
It being found necessary in order to support the administration of
this Code and to maintain the standards of fair competition estab-
lished herein and to effectuate the policies of the Act, the Code Au-
thority 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 Administration 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 purpose,
and (2) an equitable basis upon which the funds necessary to support
such budget shall be contributed by members of the industry ;
3. After such budget and basis of contribution have been approved
by the Administration, to determine and obtain equitable contribu-
tion as above set forth, by all members of the industry, and to that
end, if necessary, to institute legal proceedings therefor in its own
name.
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 Administration. 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 permitted to par-
ticipate in the selection of the members of the Code Authority or to
(352)
353
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 ap-
proved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Adminis-
tration ; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates, except those
which the Administration shall have so approved.
Nothing in the provisions of this Article shall be deemed to re-
quire contributions by contractors where contributions are appor-
tioned among members of the industry on a volume of sales basis.
However, in transaction commonly known as ' cut, make and trim,'
where the contractor is to be considered in the light of a manufac-
turer, the person for whom such garments are made shall not be
assessed under this provision.
Amend Article VIII, Section 1, to read as follows :
The maximum terms of discounts on sales made by members of
the industry after October 15, 1934 shall be as follows :
(a) On merchandise made for men and boys 6%, 10 days E.O.M.;
or 5%, 70 days; or 4%, 130 days; customers other than retailers may
also receive 3%, 190 days.
(b) On merchandise made for women, girls and infants, 8%, 10
days, E.O.M.; or 7%, 70 days; or 6%, 130 days; customers other
than retailers may also receive 5%, 190 days.
(c) Anticipation may be permitted at the rate of six per cent (6%)
per annum.
(d) Any shipments made on or after the twenty-fifth (25th) day of
the month may be considered as if made on the first (1st) day of the
following month. There shall be no other post-dating except that as
to any merchandise sold for fall consumption and shipped by a mem-
ber during the months of July or August, dating as of the following
September 1, but no later, may be granted.
Approved Code No. 211 — Amendment No. 2.
Registry No. 204-1-02.
Approved Code No, 279 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
STEAM HEATING EQUIPMENT INDUSTRY
As Approved on December 6, 1934
ORDER
Approvixg Amendment or Code of Fair Competition for the Steam
Heating Equipment Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amendment
to a Code of Fair Competition for the Steam Heating Equipment
Industry, and notice of opportunity to be heard thereon having been
duly published and the annexed report on said amendment having
been dulv 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 Avith 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, AclTninistrative 0-fficer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
December 6, 1934.
(355)
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 Steam Heating Equipment Industry.
This amendment is proposed to modify Article VI of the Steam
Heating Equipment Industry Code, by deleting Sections 4 (h) and
(i) and Section 8, substituting in lieu thereof a new Section. The
new Section 8 provides for budget and basis of contribution to the
expense of code administration, pursuant to Executive Order No.
6678, dated April 14, 1934. An opportunity to be heard has been
accorded to all interested parties, and no objections were received.
FINDINGS
The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said amendment to said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter :
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
tends 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 practice, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of j^roduction (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 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.
(e) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate do discriminate against them.
(356)
357
(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.
Said amendment is accordingly approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Offtcer.
December 6, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE STEAM HEATING EQUIPMENT INDUSTRY
In Article VI delete Section 4 (h) and (i), making present Sec-
tion 4 (j) a new Section 4 (h), and delete Section 8, substituting
therefor the following :
Section 8. It being found necessary in order to support the ad-
ministration 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 con-
tributed by members of the Industry ;
(c) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, to determine
and obtain equitable contribution as above set forth by all members
of the Industry, and to that end, if necessary, to institute legal pro-
ceedings therefor in its own name.
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 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.
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. 279 — Amendment No. 2.
Registry No. 1129^1-05.
(358)
Approved Code No. 389 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
CLAY AND SHALE ROOFING TILE INDUSTRY
As Approved on December 7, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Clay
AND Shale Roofing Tile 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-
m.ent to a Code of Fair Competition for the Clay and Shale Roofing
Tile 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 modified to include an approval of
said code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval reconunended :
W. P. Ellis,
Acting Division Administrator.
Washington, D. C,
Deceviber 7, 1934.
(359)
EEPORT TO THE PEESIDENT
The President,
The 'White House.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Clay and Shale Roofing Tile Industry, a hearing on
which amendment was conducted in Washington on the first of
August, 1934, in accordance with the provisions of the National
Industrial Recovery Act.
The modifications of Section 1 of Article III, Section 2 of Article
IV, Sections 1 and 4 of Article V, Sections 7 and 10 (c) of Article
VI, and Rules 2 and 16 of Article VII were requested by the National
Recovery Administration. These changes clarify the language and
make the Code conform more nearly to present policy.
The modifications of Sections 5 and 11 of Article VI were
requested by the Industry. These changes eliminate New Mexico
from the Pacific Coast Region and clarify the powers and duties of
the Regional Control Committee for this region.
The addition of Rules 17, 18 and 19 to Article VII was requested
by the Industry. This addition provides certain fair trade practice
rules for the Pacific Coast Region which are thought to be necessary
for the proper regulation of the Industry within that Region.
The addition of the new Sub-Article VII-A was requested by the
Industry. This Sub-Article provides for the open filing of prices
in the Pacific Coast Region.
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
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 of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural pro-
ducts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(360)
361
(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 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 :
W. A. Harriman,
Administrative Officer.
December 7, 1934.
AMENDMENT TO CODE OF FAIK COMPETITION FOR
THE CLAY AND SHALE EOOFING TILE INDUSTRY
Article III, Section 1 is amended by deleting the word " employed "
wherever it appears in said section and by inserting in lieu thereof
the words " permitted to work ".
Article III, Section 1 (b) is amended by adding the following
sentence : " The term ' outside salesman ' shall mean and include any
employee whose principal duties shall consist of soliciting orders
outside of sales office, factories, or headquarters."
Article IV, Section 2 is amended by inserting the word '' at "'
between the words " than the " where they first appear in said
section.
Article V, Section 1 is amended by deleting the word " or " where
it first appears in said section and by substituting therefor the
word " nor ".
Article V, Section 4 is amended by deleting said section and
inserting in lieu thereof a new Section 4 to read as follows : " No
employer shall reclassify employees or duties of occupations per-
formed or engage in any other subterfuge so as to defeat the pur-
poses or provisions of the Act or of this Code."
Article VI, Section 5 is amended by deleting said section and
inserting in lieu thereof a new Section 5 to read as follows : " To
further effectuate the policies of the Act, a Pacific Coast Region,
comprising the States of California, Washington, Oregon, Idaho,
Nevada and Arizona is hereby established. A Regional Control
Committee, consisting of three (3) members, shall be elected by a
fair method approved by the National Industrial Recovery Board,
by the members of the Industry in the above-named region; pro-
vided that no member of the Industry shall be represented by more
than one (1) member on the Regional Control Committee. The
Code Authority may delegate to such Regional Control Committee
such powers and duties as may be necessary for the administration
of this Code in this region, but such delegation shall not relieve
the Code Authority of its duties or its responsibilities under the
Code. The National Industrial Recovery Board may appoint from
one (1) to three (3) members to serve without vote on such Re-
gional Control Committee. Members so appointed shall be given
notice of, and may sit at all meetings of the Regional Control
Committee."
Article VI, Section 7 is amended by deleting said section and sub-
stituting in lieu thereof a new Section 7 to read as follows : '' In
order that the Code Authority and the Regional Control Committee
hereinabove provided for shall at all times be truly representative
of the Industry and in other respects comply with the provisions of
the Act, the National Industrial Recovery Board may prescribe such
hearings as it may deem proper; and thereafter if the Board shall
(362)
363
find that the Code Authority and/or the Regional Control Commit-
tee is not truly representative or does not in other respects comply
with the provisions of the Act, it may require an appropriate modi-
fication of the Code Authority and/or the Regional Control
Committee."
Article VI, Section 10, Subsection (c) is amended by deleting said
Subsection (c) and by substituting in lieu thereof a new Subsection
(c) to read as follows : " To obtain from members of the Industry
such information and reports as are required for the administration
of the Code. In addition to information required to be submitted
to the Code Authority, members of the Industry subject to this Code
shall furnish such statistical information as the National Industrial
Recovery Board may deem necessary for the purposes recited in Sec-
tion 3 (a) of the Act to such Federal and State Agencies as that
Board may designate; provided that nothing in this Code shall re-
lieve 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 to any
other party except to such other Governmental agencies as may be
directed by the National Industrial Recovery Board."
Article VI, Section 11 is amended by deleting said Section 11 and
by substituting in lieu thereof a new Section 11 and Subsections 11
(a). 11 (b) and 11 (c) to read as follows: "The provisions of this
section shall apply to and affect members of the Industry only when
such members sell or offer to sell the products of the Industry in or
into the Pacific Coast region.
(a) Subject to the approval of the National Industrial Recovery
Board, the Regional Control Committee may set up and define dis-
tricts within the region and may establish District Committees,
chosen by a fair method of selection approved by the National In-
dustrial Recovery Board. The Regional Control Committee may
use such District Committees or other agencies as it deems proper
for carrying out its administration of the Code provided for herein;
provided that nothing shall relieve the Regional Control Committee
of its duties and responsibilities under the Code.
(b) The Regional Control Committee may study conditions in the
Industry and submit recommendations for a marketing plan which,
upon approval of the National Industrial Recovery Board, shall
become binding upon all members of the Industry as to all sales made
in or into such region.
(c) The Regional Control Committee may recommend, from time
to time, classifications and standards of quality for the various types
of products manufactured in the region and, upon approval of the
National Industrial Recovery Board, after such notice and hearing
as it may prescribe, such classification and standards shall be adhered
to by members of the Industry when manufacturing products for
sale in or into said region. No member of the Industry shall sell,
or offer for sale as standard products, any products for which classi-
fications and/or standards have been established except in accorcl-
ance with such classifications and/or standards, either as a subterfuge
to effect a loAver price or for any other reason."
Article VII, Rule 2 is amended by deleting said Rule and sub-
stituting in lieu thereof the following Rule 2: " No member of the
364
Industry shall defame a competitor by falsely imputing to him dis-
honorable conduct, inability to perform contracts, questionable credit
standing, or by other false representations, or by falsely disparaging
the grade or quality of his goods."
Article VII, Rule 16 is amended by deleting the word " find "
and substituting therefor the word " finding ".
Article VII is amended b)^ adding thereto Rules 17, 18 and 19
to read as follows:
" Rule IT. No member of the Industry selling or offering to sell
in the Pacific Coast Region shall knowingly withhold from or insert
in any quotation or invoice any statement that makes it inaccurate
in any material particular.
" Rule 18. No member of the Industry selling or offering to sell in
the Pacific Coast Region shall make lump-sum bids on clay and
shale roofing tile and/or special shapes for the purpose of concealing
the unit prices on the items contained therein, or guarantee that any
specific quantities will do the job which are known to be insufficient
for the purpose.
" Rule 19. No member of the Industry selling or offering to sell
in the Pacific Coast Region shall make any bids on clay and shale
roofing tile in a lump sum or otherwise when its acceptance is con-
tingent upon the acceptance of a bid on any other clay products or
on any other building material or commodity."
Article VII is amended by adding thereto Sub-Article VII-A to
read as follows : " The provisions of this Sub-Article VII-A shall
apply to and affect members of the Industry only when such members
sell or offer to sell the products of the Industry in or into the Pacific
Coast Region."
Section 1. Each member of the Industry shall file with a confi-
dential and disinterested agent of the Regional Control Committee
or, if none, then with such an agent designated by the National In-
dustrial Recovery Board, identified list of all of his prices, dis-
counts, rebates, allowances, and all other terms or conditions of sale
for the Pacific Coast Region (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 stand-
ard products of the Industry as are sold or offered for sale by said
member, and for such non-standard products of said members as
shall be designated by the Regional Control Committee. Said price
terms shall in the first instance be filed within ten days after the
effective date of this provision. Price terms and revised price terms
shall become effective immediately upon receipt thereof by said
agent. Immediately upon receipt thereof, said agent shall by tele-
graph or other equally prompt means notify said member of the
time of such receipt. Such lists and revisions, together with the.
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the Industry selling or offer-
ing to sell within the Pacific Coast Region and to all of their cus-
tomers who have applied therefor and have offered to defray the
cost actually incurred by the Regional Control Committee 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
365
revisions or any part thereof shall not be made available to any
person until released to all such 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 day period after the effective date of this provision. The Re-
gional Control Committee 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 National Indus-
trial Recovery Board. Upon request, the Regional Control Com-
mittee shall furnish to the National Industrial Recovery Board or
any duly designated agent of the National Industrial Recovery
Board copies of any such lists or revisions of price terms.
Section 2. When any such member of the Industry has filed any
revision, such member shall not file a higher price within fortj^-eight
(48) hours.
Section 3. No member of the Industry shall sell or offer to sell
any products of the Industry, for which price terms have been filed
pursuant to the provisions of this Article, except in accordance with
such price terms.
Section 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the Indus-
try to change his price terms by the use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create."
Approved Code No. 389 — Amendment No. 2.
Registry No. 3036-1-02.
Approved Code No. 310 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
FRESH WATER PEARL BUTTON
MANUFACTURING INDUSTRY
As Approved on December 7, 1934
ORDER
Approving Amendment or Code of Fair Competition for the
Fresh Water Pearl Button Manufacturing Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Fresh Water Pearl
Button Manufacturing Industry, and Notice of Opportunity to be
Heard having been duly afforded all members of the Industry and
the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to 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 refei-ence, 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 ]Durposes 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, Adininistraiive Ofjicer.
Approval recommended :
Prentiss L. Coonley,
Acting Division Administrator.
Washington, D. C,
Decemher 7, 193^.
107954—35—19 (367)
EEPORT TO THE PRESIDENT
The President,
The White House.
Sir: A Notice of Opportunity to be Heard on an amendment to
the Code of Fair Competition for the Fresh Water Pearl Button
Manufacturing Industry approved February 26, 1934, as proposed by
the Code Authority for this Industry, was published August 17, 1934.
No objections were received.
Section 2 (f) of Article VI, has been amended by substituting in
lieu thereof the standard provisions pertaining to a Code Authority
Budget and Basis of Contribution. Section 1 (d) of Article VI has
been deleted.
The 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 :
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 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 inclustry.
(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.
(368)
369
(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 Kecovery Board :
W. A. Hakriman,
Adnninistrative Ojflcer.
December 7, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
FRESH WATER PEARL BUTTON MANUFACTURING
INDUSTRY
Amend Article VI by deleting therefrom Section 1 (d) and renum-
ber 1 (e) to read 1 (cl) and by substituting in lieu of Section 2 (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 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 said Board 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 necessary, 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 regu-
lations pertaining thereto, issued by the National Industrial Re-
cover}^ Board. Only members of the industry com})lying 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.
3. The Code Authorit}^ shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved })udget, 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 Recover}^ Board
shall have so approved.
Approved Code No. 310 — Amendment No. 2.
Registry No. 1009-1^2.
(370)
Approved Code No. 368 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PRINT ROLLER AND PRINT BLOCK
MANUFACTURING INDUSTRY
As Approved on December 7, 1934
ORDEE
Approving Amendment or Code of Fair Competition for the Print
Roller and Print Block Manufactltring 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 Print Roller and Print
Block Manufacturing Industry, and hearings having been duly held
thereon and the annexed report on said amendment, containing find-
ings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to 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 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 Ofjicer.
Approval recommended:
Barton W. Murray,
Division Adtrdnistrator.
Washington, D. C,
December 7, 193Jf.
(371)
KEPOET 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 Print Roller and Print Block Manufacturing Indus-
try to amplify and clarify the definition of the Industry as proposed
by the Code Authority for said Industry.
This amendment is designed to replace Paragraph 1, Article II,
of the Code, approved March 26, 1934. A hearing was held in
Washington, D. C., on October 15, 1934, but in the absence of neces-
sary representation of the Industry the hearing was adjourned with-
out definite action having been taken. A reconvened hearing was
held on November 9, 1934, which accomplished the desired purpose.
No objections to this amendment have been received.
FINDINGS
The Assistant Deputy Administrator, in his final report on said
amendment, 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 ])romote 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, 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 perti-
nent provisions of said Title of said Act, including without limitation
subsection (a) of section 3, subsection (a) of section 7, and subsection
(b) of section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(372)
373
(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
^^For these reasons the amendment has been approved by this Board.
For the National Industrial Eecovery Board :
W. A. Harriman,
Administrative Officer.
December 7, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PRINT ROLLER AND PRINT BLOCK MANUFAC-
TURING INDUSTRY
Delete entire first paragraph of Article II and in lieu thereof
insert the following :
" The term ' PRINT ROLLER AND PRINT BLOCK MANU-
FACTURING INDUSTRY ' as herein defined means the manufac-
ture for sale and selling of the print rollers and print blocks used
in surface printing of wall paper, linoleum, crepe paper, and box
paper, consisting of :
(a) Rollers consisting of a wooden cylinder and having mounted
thereon raised designs cut from sheet or strip brass and felt; and
(b) Wooden printing blocks, having mounted thereon raised de-
signs cut from brass and felt; and
(c) Rollers and blocks composed of aluminum alloy and any other
composition and having designs routed thereon by machines ; and
(d) Rollers and blocks composed wholly of wood and having
raised designs thereon, either cut by hand or routed by machine ; and
(e) Wooden rollers or blocks with a lincrusta, linoleum, or other
composition base upon which raised designs are either cut by hand
or routed by machine ; and
(f) Cast metal plate with raised designs fastened to rollers and
blocks.
The print rollers and print blocks are also used in surface print-
ing of envelope lining, silks, cretonnes, rugs, carpets, felt base floor
coverings, and oil cloth."
Approved Code No. 368 — Amendment No. 2
Registry No. 410-10.
(374)
Approved Code No. 46 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MOTOR VEHICLE RETAILING TRADE
As Approved on December 8, 1934
ORDEE
Approving Amendment or 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 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 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; and further, that the State Advisory Committee in any of
the several Code States established as provided in Article V, Title
A of the Code is hereby designated as the Agency to determine the
acceptability of the credit rating of any person ordering a motor
vehicle wherein the provisions of Title A, Paragraph 4, Subpara-
graph d (ii) of Article IV, of said Amendment becomes operative,
any such determination to be subject to the disapproval of the
National Industrial Recovery Board.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
December 8, 193^.
(375)
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
Motor Vehicle Retailing Trade, submitted by the National Control
Committee on behalf of the Emergency National Committee.
The purpose and effect of the amendment are to permit the making
of contracts, or the submission of bids, upon the basis of a used car
allowance current at the date of the contract or bid and the comple-
tion of such contract or bid in a subsequent Guide Book period, even
though the subsequent Guide Book may change the maximum per-
missible allowance; such contracts to be entered into for future de-
livery only when the dealer, for reasons beyond his control, is unable
to make earlier delivery to the customer. One of the conditions of
the contract shall be that delivery shall be accepted by the purchaser
as soon as the dealer is in a position to make delivery,
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 inter-state and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action among trade groups, by inducing and
maintaining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restrictions of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry,
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(376)
377
(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:
W. A. Harriman,
Administrative Officer.
December 8, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
MOTOR VEHICLE RETAILING TRADE
Include in and add to Article IV, Title A, Paragraph 4, the follow-
ing to be known as subparagraph (d) :
(d) The allowance on a used motor vehicle, taken in trade as
part j^ayment on the purchase of another motor vehicle, shall not be
in excess of the maximum permissible allowance as determined by
the Association Official Guide current as of the date title and pos-
session of the used motor vehicle passes to the dealer, except as
follows :
(i) When a definite bonafide order is placed by a person for his or
its own requirements with a cash deposit of at least five per cent of the
factory list price of the new car or with proof of good credit rating,
for a car which the dealer is unable for reasons over which he has no
control to make immediate delivery, the dealer may enter into a
firm contract to make an allowance not in excess of the maximum
permissible allowance as determined by the Association Official Guide
current at the date of the order and such contract may be kept in
force during the period" of the Association Guide Book immediately
subsequent to that current at the date of said order, notwithstanding
any change in the maximum permissible allowance which may be
made by such subsequent Association Official Guide ; provided, how-
ever, that such contract shall provide that the buyer must accept
delivery immediately upon delivery being offered and the dealer
must offer to make delivery immediately upon the new motor vehicle
being available for delivery; provided further, that said contract
shall further provide that same shall not be transferable and
all orders or contracts accepted in accordance with this provision
shall immediately be filed by the dealer with the State Advisory
Committee.
(ii) When written bids are called for by any Governmental
agency or by any person having a good credit rating and are not
awarded until the next succeeding issue of the Association Official
Guide has become current, any dealer who has offered as part of
such bid to accept a used car at an allowance not exceeding the maxi-
mum permissible allowance as determined by the Association Official
Guide Book current as of the date of the bid, may carry out the
terms of the bid notwithstanding any change in the maximum per-
missible allowance as determined by the Association Official Guide
Book immediately succeeding the Guide current at the date of the bid.
Any dealer attempting to use allowances pursuant to previous
Association Official Guide at a time when subsequent Association
Official Guide is current, except under the terms and conditions of
this sub-paragraph (d) shall be deemed guilty of a Code violation.
Approved Code No. 46 — Amendment No. 4.
Registry No. 1403-32.
(378)
Approved Code No. Ill — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
AIR TRANSPORT INDUSTRY
As Approved on December 10, 1934
ORDEK
Approving Amendments of Code of Fair Competition for the Ant
Transport 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 Article VII of the Code of Fair Competition for the Air Trans-
port Industry and opportunity to be heard having been afforded to
all interested parties and any objection filed having been duly con-
sidered and the annexed report on said Amendment containing find-
ings with respect thereto having been made and directed to the
PrGSiQGnt *
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 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 modified to include an approval of
said Code in its entirety as amended.
National Industrial Recovery Board,
By W. A, Harriman, Administrative Officer.
Approval recommended:
L. H. Peebles,
Acting Division Administrator.
Washington, D. C,
Decemher 10, 1931^.
(379)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : An application lias 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 Air
Transport Industry, the purpose and effect of the Amendment being
the addition of Sections 4 (a), 4 (b), 4 (c), 5, 6 and 7 to Article VII
of the Code covering Fair Trade Practice provisions. Public Hear-
ing on this amendment vt^as held in Washington, D. C. on September
25, 1934.
This amendment is submitted in the form as revised in accordance
with objections received. The Amendment limits the amount of
baggage that may be carried free of charge, and among other things
deals with restriction of the issuance of free or reduced fare trans-
portation without unduly limiting the right of any member of the
Industry to utilize such free or reduced fare transportation for
educational purposes.
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 is well
designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose of
cooperative action among trade groups, by inducing and maintaining
united action of labor and management under adequate governmental
sanction and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present produc-
tive capacity of industries, by avoiding undue restriction of produc-
tion (except as may be temporarily required), by increasing the con-
sumption of industrial and agricultural products through increasing
purchasing power, by reducing and relieving unemployment, by
improving standards of labor, and by otherwise rehabilitating
industry.
(6) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act. including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
((?) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the Industry as a whole.
(380)
381
(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 ojDpress small enterprises and will not
operate to discriminate against them.
(/) 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:
W. A. Haeeiman,
Administrative Officer.
Decembee 10, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE AIR TRANSPORT INDUSTRY
The Code of Fair Competition for the Air Transport Industry
shall be amended by adding to Article VII Sections 4 (Subsections
a, b, c), 5, 6, and 7 as follows:
4a. All articles carried as private luggage of passengers (whether
carried in the baggage compartment or by the passenger in the
cabin), shall be considered as baggage and weighed and charged for
as such.
b. Free Baggage Allowance: Thirty-five (35) pounds of baggage
for each passenger shall be carried free of charge. This provision
does not aj^ply to services within either the territories and last point
of departure or first point of landing in the continental United
States.
c. Charge for Excess Baggage : Baggage in excess of thirty-five
(35) pounds for each passenger shall be charged for at the tariff
rate for such baggage. No more than fifty pounds of baggage per
passenger shall be carried, except by special arrangement in each
individual case. This provision does not apply to services within
either the territories of Alaska or Hawaii or between such territories
and last point of departure or first point of landing in the continental
United States.
5. No member of the industry shall knowingly withhold informa-
tion requested concerning air transportation facilities, or knowingly
give inaccurate information concerning such facilities.
6. No member of the industry shall defame a competitor hj falsely
imputing to him dishonorable conduct, inability to perform con-
tracts, questionable credit standing, or by falsely disparaging the
character of his personnel or operation methods or the quality of
his equipment or services.
7. No member of the industry shall, after December 10, 1934,
directly or indirectly issue or give any free or reduced fare transpor-
tation to passengers, except (1) to Federal Government employees
traveling on Government request for Transportation (Form 1030) ;
(2) persons traveling on the carrier's business, its employees, its offi-
cers and directors, surgeons, physicians and attorneys, and the imme-
diate families of employees (the immediate family of an employee to
include only wife or husband, children, parents, sisters and broth-
ers) ; (3) when on official business, to Post Office inspectors and
officials. Bureau of Air Commerce inspectors and officials. Custom
House inspectors, Immigration inspectors. Air Transport Code Au-
thority officials and employees, and National Recovery Administra-
tion officials traveling on Air Transport Code Authority business;
(4) witnesses in connection with any legal matters in which the car-
rier is interested; (5) i^ersons injured in accidents and physicians
and nurses attending such persons; PROVIDED, however, that this
(382)
383
provision shall not be construed to prohibit the interchange of passes
for the officers, directors and employees of carriers by air and the
immediate families of employees as described above; nor to prohibit
any carrier from carrying passengers free with the object of provid-
ing relief in cases of general epidemic, pestilence, or other calamitous
visitation; nor to prohibit the issuance of free transportation for
educational purposes on regular scheduled flights not to exceed one
hundred (100) miles or to the next scheduled stop beyond one hun-
dred (100) miles.
Free passes may also be granted for scheduled flights in excess
of a round trip from the point of origin to the next regular scheduled
stop beyond one hundred (100) miles on any route, for educational
purposes, after fifteen (15) days from the mailing date of notice
in writing by the member of the industry in question to the Air
Transport Code Authority. Non-scheduled flights for educational
purj)oses may be granted within the discretion of any member of
the industry. Educational purposes as herein used means any pur-
pose which clearly serves to demonstrate the merits of air trans-
portation to the public and which may reasonably be expected to
increase air traffic at full tariff rates. Any agreement made in writ-
ing for free transportation, prior to December 10, 1934, by any
member of the industry, shall not be considered a violation of the
provisions of this section. The provisions of this Section shall not
apply to services within either the territories of Alaska or Hawaii
or between such territories and last point of departure or first point
of landing in the continental United States.
Approved Code No. Ill — Amendment No. 2.
Registry No. 1741-2-04.
107954 — 35 20
Approved Code No. 181 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
COMMERCIAL REFRIGERATOR INDUSTRY
As Approved on December 12, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Commercial Refrigerator 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 Commercial Refrigera-
tor 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. 6359, 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 ; provided that the application
of this amendment shall not apply to bona fide independent distrib-
utors who purchase from manuiacturers and who have no inter-
corporate affiliations with members of the Industry, either directly
or through a community of ownership and control, such approval
and such amendment to take effect twenty (20) 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 W. A. Harriman, Ad?mnist7'aHve Officer.
Approval recommended :
Barton W. Murray,
Division ad7ninistratoi\
Washington, D. C.
December 12, 193J^.
(385)
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 Commercial Refrigerator Industry. A public hear-
ing was held thereon in Washington, D. C. on May 15, 1934, in ac-
cordance with the provisions of the National Industrial Recovery
Act.
The purpose of the amendment is to promote fair competition by
prohibiting indirect violations of the Code.
The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on the said amendment to said
Code having found as herein set forth, and on the basis of all the
l^roceedings 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 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 b}" otherwise
rehabilitating industry.
(b) The Code as amended complies m 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 ta
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(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 :
W. A. Harriman,
Administrative Officer.
December 12, 1934.
(386)
AMENDMENT TO CODE OF FAIK COMPETITION FOK THE
COMMERCIAL REFRIGEEATOR INDUSTRY
Purpose
Pursuant to Article VI, Section 10 (h) of the Code of Fair Com-
petition for the Commercial Refrigerator Industry, duly approved
by the President on December 23, 1933, 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 Com-
mercial Refrigerator Industry.
Amendment No. 9
Add to Article VII the following Rule 18 :
Rule 18. No member of the industry shall sell to or through any
distributor, dealer, jobber, agent, representative or other type of
distribution outlet, that does not agree to comply with the provi-
sions of this Article VII and Article VIII of this Code. Approval
by the President or his authorized agent of a Code for such dis-
tributors, which would prohibit such distributors from entering intO'
such agreement, would terminate the operation of this Rule.
Approved Code No. 181 — Amendment No. 2.
Registry No. 1328-02.
(387)
Approved Code No. 20 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
SALT PRODUCING INDUSTRY
As Approved on December 12, 1934
OKDEE.
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 16, 1933, 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
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 W. A. Harriman, AdTninistrative Officer.
Approval Recommended :
Joseph F. Battley,
Acting Division Administrator.
Washington, D. C,
December 12, 193^.
(389)
REPOKT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the amendment to the Code of Fair Com-
petition for the Salt Producing Industry. An opportunity to be
heard has been duly afforded to all interested parties.
This amendment provides for the addition of four paragraphs to
Article I, which define the terms " Salt Producing Industry " or
^' Industry ", " producer ", " employee ", and " employer."
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendment to said Code having
found as herein set forth and on the basis of 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 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, bj'^ eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise 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 tlie Code as amended are not designed
to and w^ill 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 :
W. A. Harriman,
Adimnist7'ative Ojficer.
December 12, 1934.
(390)
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE SALT PRODUCING INDUSTRY
Add to Article I, four paragraphs designated and reading, as
follows :
DEFINITIONS
(1) The term " Salt Producing Industry " or " Industry " as used
herein includes the production and sale by the producer of salt
(sodium chloride) as such
(2) The term " producer " as used herein includes, but without
limitation, any individual, partnership, association, corporation, or
other form of enterprise engaged in the Industry, either as an em-
ployer 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 employee is compensated or employed.
Approved Code No. 20 — Amendment No. 2.
Registry No. 140-1-01.
(391)
Approved Code No. 456 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ICE CREAM CONE INDUSTRY
As Approved on December 13, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Ice
Cream Cone 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 Code of Fair Competition for the Ice Cream Cone Indus-
try, and 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:
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 pur-
poses of said title of said act, and does hereby order that said amend-
ment be and it is hereby approved, and that the previous approval
•of said code is hereby modified to include an approval of said code
in its entirety as amended, such approval and such amendment to
take effect ten days from the date hereof unless good cause to the
contrary is shown to the National Industrial Recovery Board before
that time and the National Industrial Recovery Board issues a
subsequent order to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Offtcer.
Approval recommended :
Armin W. Riley,
Division Administrator.
"Washington, D. C,
December 13, 193^.
(393)
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 Ice Cream Cone Industry, No. 456, as approved on June
4, 1934, by adding thereto two new articles Nos. XIII and XIV.
The Code Authority for the Ice Cream Cone Industry 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 National Industrial Re-
covery Act, has made application for amendment of said code by
adding thereto a new Article XIII, providing that those members
of the industry who desire to do so may enter into an agreement
among themselves providing for liquidated damages, and a new
Article XIV providing that each member of the industry shall keep
accurate and complete records of its transactions in the industry in
order to assist in the proper administration and/or enforcement of
the provisions 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 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 organization of industry for
the purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, b}^ 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 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.
(394)
395
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
Therefore the amendment of this Code has been approved.
For the National Industrial Kecovery Board :
W. A. Harriman,
Administrative Officer.
December 13, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
ICE CREAM CONE INDUSTRY
Article XIII
Recognizing that the violation by a member of any provision of
this code 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 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
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 National Industrial Recovery Board, or any
impartial agency or person nominated by the Code Authority or
designated by the assenters to this agreement and approved by the
National Industrial Recovery Board, amounts as set forth below :
(a) For the violation of any wage provisions, 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 emploj^ee or employees who worked
overtime ;
(c) For the violation of anj^ labor provision of the code other
than an hour or wage provision, one hundred ($100.00) 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 industry, an amount equal be
twenty (20%) 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, ii 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 industry, one hundred
($100.00) 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 effected by such
violation ; Second, if the violation shall have been of a code provision
other than a labor provision, the damages arising therefrom shall
(396)
397
be utilized to defray proper expenses of code administration, and the
balance, if any, remaining in the hands of the Treasury shall be
distributed semi-annually among members members of the industry
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 industry for the expense of code administra-
tion.
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, individ-
ually (1) that violation of a code provision shall breach this agree-
ment and shall render the violator liable for the payment of liqui-
dated damages as herein provided, (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; provided, however, that
no liability shall be incurred by any assenter hereto until at least
seventy-five per cent (T5%) of the members of the industry by num-
ber and volume have assented as herein provided.
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 hereunder
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 industry 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 assent-
ing member be deemed a violation of the code, so as to subject the
violator to any consequence arising under Section 3 (b). Section
3 (c), or Section 3 (f) of the National Industrial Recovery Act,
nor to any criminal prosecution of any kind.
Article XIV
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 Authority or the Na-
tional Industrial Recovery Board. If the Code Authority or the
National Industrial Recovery Board shall determine that substan-
tial 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
any impartial agency, agreed upon between the Code Authority and
398
such member, or in the absence of agreement, appointed by the
National Industrial Recovery Board. In no case shall the facts dis-
closed 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 enforcement of the provisions of this
Code.
Approved Code No. 456 — Amendment No. 1.
Registry No. 101-28.
Approved Code No. 33 — Amendment No. 4
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL LUMBER, LUMBER PRODUCTS, BUILD-
ING MATERIALS AND BUILDING SPECIALTIES
TRADE
As Approved on December 13, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Retail Lumber, Lumber Products, Building Materials and
Building Specialties Trade
An application having been duly made pursuant to and in full
<3ompliance 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 Retail Lumber,
Lumber Products, Building Materials and Building Specialties
Trade, 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 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 W. A. Harriman, Administrative Q-fficer.
Approval recommended :
Harry C. Carr.
Acting Division Adniinistrafor.
Washington, D. C,
Decemher 13, 193 J^.
107954—33 21 (399)
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 Re-
tail Lumber, Lumber Products, Building Materials and Building
Specialties Trade, submitted by the Retail Lumber and Building
Material Code Authority.
The purpose and effect of the amendment are to authorize the
Code Authority to elect one additional member at large to the afore-
said Code Authority and two additional members to the Executive
Committee of the aforesaid Code Authority.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendment to said Code having
found as herein set forth and on the basis of all the proceedings in
this matter ;
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 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 the 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
unem])loyment, 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 Trade as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(400)
401
(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 Kecovery Board :
W. A. Harriman,
Administrative Ofjicer.
December 13, 1934.
AMENDMENT TO CODE OF FAIK COMPETITION FOR THE
RETAIL LUMBER, LUMBER PRODUCTS, BUILDING
MATERIALS AND BUILDING SPECIALTIES TRADE
Article VII, Section 1, paragraph 1, line 9, strike out the word
" two " and substitute therefor the word " three."
Article VII, Section 5, paragraph 1, line 2, strike out the word
"five (5) " and substitute therefor the word "seven (7)."
Approved Code No. 33 — ^Amendment No. 4.
Registry No. 313-04.
(402)
Approved Code No. 517 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RING TRAVELER MANUFACTURING INDUSTRY
As Approved on December 13, 1934
ORDER
Approving Amendment of Code of Fair Competition for the Ring
Traveler 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 Ring Traveler Manu-
facturing Industry, 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 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,
B}^ W. A. Harriman, Admhiistrative Officer.
Approval recommended :
Barton W. Murray,
Division Administrator- .
Washington, D. C,
December 13^ 193.^.
(4():i)
REPOKT TO THE PRESIDENT
The President,
The White House.
Sir: Under the Code of Fair Competition for the Ring Traveler
Manufacturing Industry as approved September 7, 1934, and in ac-
cordance with Administrative Order X-61, the Industry has sub-
mitted an amendment to said Code, which will provide for the elec-
tion of the Industry's own Code Authority, Budget and Basis of
Contribution provisions and exemption of certain classes of em-
ployees from the hour and wage provisions, such exemption to be
in accordance with N. R. A. policy and as expressly provided for
in the Basic Code as set forth in Administrative Order No. X-61.
An opportunity to be heard was duly noticed and no objections
were received from the Industry or from interested parties asso-
ciated with the Industry.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said Amendment to said Code having
found as herein set forth and on the basis of all 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
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-
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 Ring Travelers Manufacturers Association 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 this
amendment.
(404)
405
(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:
W. A. Hakriman,
AdTThinistrative Officer.
December 13, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
RING TRAVELER MANUFACTURING INDUSTRY
Purpose
Pursuant to Paragrai^h 3 of Administrative Order X-61, the
Ring Traveler Manufacturing Industrj^, subject to the Basic Code
for this Industry, approved by the Administrator, September 7, 1934,^
and to further effectuate the policies of Title I of the National Indus-
trial Recovery Act, have submitted the following Amendments to
the Basic Code for the Ring Traveler Manufacturing Industry, and
these Amendments are established as a part of said Basic Code of
Fair Competition and shall be binding upon every member of the
Ring Traveler Manufacturing Industry.
Amendment
Amend Section 2 of Article II by designating present paragraph
is paragraph " a " and adding new paragraphs '" b ", " c " and " d ".
Amended Section 2 of Article II will then read as follows :
" Section 2. Exceptions. — (a) The provisions of Section 1 shall
lot apply to employees engaged in emergency maintenance or emer-
gency repair work involving breakdown or the protection of life or
property, nor to persons employed in a managerial or executive
'apacity who earn regularly thirty-five dollars ($35.00) per week or
more, nor to any other class of employees which the National In-
dustrial Recovery Board shall find upon application of true repre-
sentatives of the trade or industry should be subjected to an exemp-
tion or modification in accordance with N. R. A. policj^; provided,
however, that emploj^ees engaged in such emergenc}^ maintenance
or emergency repair work shall be paid at one and one-half (1^)
times their normal rate for all hours worked in excess of forty (40)
hours per week.
"(b) Traveling salesmen are exempted from limitation as to
hours.
"(c) Watchmen shall not be emplo^^ed in excess of fift3^-six (56)
hours in any one week, and each watchman shall be entitled to at
least one day off in any fourteen (14) day period.
"(d) No accounting, clerical or office emplo3"ee shall be emplo3"ed
in excess of forty (40) hours in any one week or nine (9) hours in
any one day; provided, that such employees may work not in excess
of forty-eight (48) hours in any one week during eight (8) weeks
of anv one year. Eight hours shall constitute a normal working
day.""^
Amendment
Amend Section 3 of Article II to read as follows :
" Section 3. Mhmivmn Wages. — No emploj^ee shall be paid at any
pay period less than at the rate of thirty-five (350) per hour, except
(406)
I
407
that clerical and office employees shall not be paid in any pay period
less than at the rate of fourteen dollars ($14.00) per week."
Amendment
Amend Article IV by deleting the present Article and inserting
a new Article. Amended Article IV will then read as follows :
"Article IV — Administration
" Section 1. To further effectuate the policies of the Act, a Code
Authority is hereby constituted to co-operate with the National
Industrial Recovery Board in the administration of this Code. The
Code Authority shall be constituted as follows and selected in the
following manner:
"(a) The Code Authority shall be composed of six voting mem-
bers, each of the six present members of the Industry to select one
as its representative on the Code Authority.
"(b) There shall be not more than three representatives of the
National Industrial Recovery Board, to be selected by it, who shall
serve without vote.
"(c) Should there from time to time additional firms or corpora-
tions enter into this Industry they shall be entitled to representation
on the Code Authority in such manner as may be approved by the
National Industrial Recovery Board.
"(d) It being found necessary in order to support the administra-
tion of this Code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the Code
Authority is authorized :
" (1) To incur such reasonable obligations as are necessary and
j)roper 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 contributions 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.
" (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
regulations pertaining thereto issued by the National Industrial Re-
covery Board. Only members of the Industry complying with the
Code and contributing to the expenses of its administration as herein-
above provided, unless duly exempted from making such contribu-
tions, shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
408
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 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."
Amendment
Amend Article VI to read as follows :
" Article VI
" (a) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of sub-section (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule, or regulation
issued under Title I of said Act.
" Such of the provisions of this Code as are not required to be
included herein by the Act may, with the approval of the National
Industrial Recovery Board, be amended or eliminated in such man-
ner as may be indicated by the needs of the public, by changes in cir-
cumstances, or by experience. All the provisions of this Code, unless
so amended or eliminated, shall remain in effect until June 16, 1935.
" (b) For the purposes of a complete understanding of the provi-
sions of this Basic Code the provisions of Administrative Orders
X-62 and X-63 are incorporated herein by reference, to the extent
that they remain unchanged by these foregoing amendments."
Approved Code No. 517 — Amendment No. 1.
Registry No. 1122-1-06.
Approved Code No. 62 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
STEEL TUBULAR AND FIREBOX BOILER
INDUSTRY
As Approved on December 14, 1934
ORDEE
Approving Amendment of Code of Fair Competition for the Steel
Tubular and Firebox Boiler Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Steel Tubular and Fire-
box Boiler Industry, and opportunity to be heard having been
afforded all interested persons, and no objections liaving been filed,
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President :
NOW, THEREFORE, on behalf of the President of the United
States, 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 amend-
ment 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 amend-
ment to take effect ten (10) days from the elate 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 W. A. Harriman, Admin'/straUve Officer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
December 11^, 193^.
(409)
REPORT TO THE PRESIDENT
The President,
The White Rouse.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Steel Tubular and Firebox Boiler Industry. Notice
of opportunity to be heard was sent to all interested persons on
September 15, 1934, and no objections were filed with the Adminis-
tration. The amendment, which is attached, was presented by the
Code Authority.
The Code of Fair Competition for the Steel Tubular and Firebox
Boiler Industry provides in Article IX, Section 2 that
" Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in circumstance or experience may indicate. It is contemplated
that from time to time supplementary provisions to this Code or
additional Codes will be submitted for the approval of the President
to prevent unfair competition in price and other unfair and destruc-
tive competitive practices."
This amendment provides that Paragraph 1 of Article II, and
Section 2 of Article VI, be amended and that Sections 7 and 8 of
Article VI be deleted and that certain provisions be substituted in
lieu thereof to facilitate the collection of assessments from each
member of the Industry.
FINDINGS
The Assistant Deput}^ Administrator in his final report to me on
said amendment to saicl Code having found as herein set forth and
on the basis of all the proceedings in this matter :
It is found that :
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act, including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by avoiding undue restriction of production
(except as may be temporarily required), by increasing the con-
sumption of industrial and agricultural products through increas-
ing purchasing power, by reducing and relieving unemployment,
by improving standards of labor, and by otherwise rehabilitating
industry.
(410)
411
(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. The National Industrial Kecovery
Board has approved this amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Oiftcer.
December 14, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE STEEL TUBULAR AND FIREBOX BOILER
INDUSTRY
Amend Article II, Paragraph 1, by changing the period after the
last word "boilers", to a comma, and adding the following words'
"excepting boilers built by manufacturers of railway locomotives
to be used in the construction of railway locomotives."
Amend Article VI, Section 2, Line 2, by changing the words
" one " and " member " to read, respectivel3^ '' two " and " members ".
Amend Article VI by deleting Sections 7 and 8, substituting in
lieu thereof the following Section 7, and by renumbering old Sec-
tions 9 and 10 to read 8 and 9 :
Sectiox 7. (1) It being found necessary to supj^ort the Adminis-
tration of this Code and in order 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, subject
to such notice and opportunity to be heard as it 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-
])ort 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.
(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-
tributions, shall be entitled to participate in tlie 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 Recover v 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-
(412)
413
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. 62— Amendment No. 1.
Registry No. 1129-1-17.
Approved Code No. 515 — Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
ALLOYS INDUSTRY
As Approved on December 18, 1934
ORDEK
Approving Amendment of Code of Fair Competition for the
Alloys 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 Alloys Industry, and
NOTICE OF OPPORTUNITY TO BE HEARD, Administrative
Order No. 515-5, dated November 20, 1934, having been published
and no objection having been filed as provided in said published
notice, and the annexed report on said amendment containing find-
ings with respect thereto, having been made and directed to the
PrGsiciGnt *
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, 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 W. A. Harriman, Administrative 0-fficer.
Approval recommended :
W. P. Ellis,
Acting Division Administi'ator.
Washington, D. C, December 18, 1934-
107954—35 22 (415)
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
Alloys Industry, submitted by the Code Authority for the said In-
dustry and by the American Alloys Producers Association.
The existing provisions of Section 1 of Article VI of the Code
of Fair Competition for the Alloys Industry have been found to be
inadequate, in that an additional Association member of the Code
Authority is desirable in order to have proper representation of all
phases of the Industry, and furthermore, it has been found neces-
sary to provide for alternate members, in view of the fact Code
Authority members in this Industry are often called abroad on
business.
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 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), b}'^ in-
creasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provision of said Title of said Act, including without limita-
tion sub-Section (a) of Section 3, sub-Section (a) of Section 7 and
sub-Section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(41G)
417
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, we have approved this amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Oifi>cer.
December 18, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ALLOYS INDUSTRY
Delete Section 1 of Article VI, and substitute therefor the fol-
lowing :
Section 1. Organization and Constitution. A Code Authority to
administer this code is hereby constituted, and shall consist of eight
(8) voting members who shall be selected by and who may be mem-
bers of the Executive Committee of the Association, and one (1)
other voting member who shall be a Member of Industry and shall
be selected by the Members of Industry who are not members of the
Association. The selection of all members to the Code Authority
shall be by a fair and equitable method of election to be approved
by the National Industrial Recovery Board. In the event that the
selection of the Association's non-member representative on the Code
Authority is not made within thirty (30) days after the effective
date of this Code such member may be selected by the National
Industrial Recovery Board.
(a) One alternate may be selected for each Code Authority mem-
ber provided such selection is made by the same fair and equitable
method as used in the selection of such Code Authority member.
Approved Code No. 515 — ^Amendment No. 1.
Registry No. 1201-08.
(418)
Approved Code No. 445 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
BAKING INDUSTRY
As Approved on December 18, 1934
OEDEK
Approving Amendment of Code of Fair CoMrETiTiuN for the
Baking Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of an
amendment to a Code of Fair Competition for the Baking Industry,
and a Notice of Opportunity to be Heard having been duly 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 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 modified to include an approval
of said Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Ojficer.
Approval recommended:
Armin W. Riley,
Division Admiinistrator.
Washington, D. C,
December 18, 1934.
(419)
REPOET TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on an Amendment to Section 4, Article V
of the Approved Code of Fair Competition for the Baking Indus-
tiy No. 445. This Code was approved by you on May 28, 1934,
The Code Authority for the Baking Industry, in accordance with
Section 3 of Article VI and Subsection (d) of Section 1 of Article
IX of said Code, having found it necessary, in order to support
the administration of this Code and to maintain the standards of
fair competition, have petitioned the National Industrial Recovery
Board to amend Article V, Section 4 of the Code in orc^er to remove
an undue hardship that Article V, Section 4 now imposes upon the
members of the Industry.
The pie manufacturers are principally affected because they em-
plo}^ more cleaners of fruit and nut meats, parers of apples, oranges,
etc. than any other division of the Industl•}^ The work is light
and not hazardous, nor does it require any great degree of skill.
About fifty per cent of the persons employed as fruit cleaners are
part-time emploj'ees.
It can further be claimed that Article V, Section 4 is inequitable.
This is due to the fact that other divisions of the Industry are per-
mitted to compensate " icers, wrappers, and cleaners ", whose duties
and wages are in the same classification as those persons who are
employed by pie manufacturers to pick foreign bodies from nut
meats, raisins, and other dried fruits, at the thirty-two cent rate.
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 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 re-
habilitating industry.
(420)
421
(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 saifl
amendment.
For these reasons the Code as amended has been approved.
For the National Industrial Kecovery Board :
W. A. Harriman,
Administrative Officer^
December 18, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BAKING INDUSTRY
Delete Article V, Section 4 and insert in lieu thereof the following :
Section 4. Other Employees. — No other employee shall be paid
less than at the rate of forty cents (400) per hour, except icers,
wrappers, cleaners and employees engaged in washing and picking
fruit, berries, vegetables and nut meats and in paring and slicing
fruits and vegetables who shall be paid not less than eighty per cent
(80%) of said rate, provided, however, that the term " cleaner " as
used herein shall include only employees engaged primarily in clean-
ing the bake shop or the equipment therein.
Approved Code No. 445 — ^Amendment No. 3.
Registry No. 101-23.
(422)
Approved Code No. 308E — Amendment No. 1
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE
BLUE CRAB INDUSTRY
As Approved on December 18, 1934
ORDER
Approving Amendment of Supplementary Code of Fair Competi-
tion FOR THE Blue Crab Industry
A division of the fishery 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 Supplementary Code of Fair Competition for the Blue Crab
Industry (a Division of the Fishery Industry), and opportunity to
be heard having been afforded all members of the blue crab industry
and any objections filed having been duly considered, 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 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 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
amendments be and they are hereby approved, and that the previous
approval of said code is hereby modified to include an approval of
said code in its entirety as amended, such approval and such 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 W. A. PIarriman, Achiiinistrative Ojficer.
Approval recommended :
Armin W. Riley,
Division Administrator.
Washington, D. C,
December 18, 1934.
(423)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on amendments to Article VIII, Title E (bj
the addition of Sections 2, 3, 4 and 5) of the Supplementary Code
of Fair Competition for the Blue Crab Industry (a Division of the
Fishery Industry), No. 308 — Supplement No. 5. This supplemen-
tary code was approved by the Administrator on May 5, 1934.
Pursuant to Executive Order No. 6678, dated April 14, 1934, Ad-
ministrative Order No. X-36, dated May 26, 1934, and Article IX
of said code, the Executive Committee for the Blue Crab Industry,
havino- found it necessary in order to support the administration
of said code and to maintain the standards of fair competition
established by said code and to effectuate the policies of the Act,
has made application for amendments to said code incorporating
model budget and basis of contribution provisions.
The Acting Deputy Administrator in his final report to the Na-
tional Industrial Recovery Board on said amendments to said code
having found as herein set forth and on the basis of all the proceed-
ings 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
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 nuinagement under
adequate governmental sanction and supervision looking to the elim-
ination of unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of product on (excei)t as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through the increasing of purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by othei'wise rehabilitating industry.
(b) The code as amended complies in all respects with the per-
tinent provision of said title of said act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-secti(m (b) of Section 10 thereof.
(c) The amendments and the code as amended are not designed
to and will not permit monopolies or monoi^olistic 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.
(424)
425
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
.amendment^.
In accordance with Executive Order No. 6678, dated April 14,
1934, the amendments to said code have been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Ad7nmist7'ative Officer.
December 18, 1"934.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIE
COMPETITION FOR THE BLUE CRAB INDUSTRY
A DIVISION OF THE FISHERY INDUSTRY
Amendments to Article VIII, Title E
Section 2. If the assessments provided for in Article VIII, Title
E, Section 1, of said national code and in Article VIII, Title E,
Section 1, of this divisional code, shall fail to provide sufficient funds
(or shall provide more funds than are necessary) for the proper
administration of this divisional code, the assessment rate per pound
on all crab meat, per dozen on all soft crabs and on all shedder or
peeler crabs, and per barrel on all hard crabs sold may be changed
accordingly with the approval of the Administrator.
Section 3. It being found necessary in order to support the admin-
istration of this divisional code and to maintain the standards of
fair competition established by this divisional code and to effectuate
the policies of the Act, the Executive 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 w^hich may be raised through the assessments provided for
in Article VIII, Title E, Section 1, of said national code and in
Article VIII, Title E of this divisional code and which shall be held
in trust for the purposes of said national code in accordance with its
terms and for the purposes of this divisional 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 administra-
tion of this divisional code and of its contribution to the code admin-
istration expense of the National Code Authority, and (2) an equi-
table basis (which shall not contravene said national code as to the
assessments provided for therein), upon which the funds necessary
to support such budget shall be contributed by members of the blue
crab 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 blue crab
industry, and to that end, if necessary, to institute legal proceedings
therefor in its own name.
Section 4. Each member of the blue crab industry shall pay his
or its equitable contribution to the expenses of administering said
national code and this divisional code as in said codes provided, sub-
ject to rules and regulations pertaining thereto issued by the Admin-
istrator. Only members of the blue crab industry complying with
this divisional code and contributing to the expense of the adminis-
tration of said national code and this divisional code as in said codes
provided, unless duly exempted from making such contribution, shall
be entitled to participate in the election of members of the Executive
427
Committee or to receive the benefits of any of its voluntary activi-
ties or to make use of any emblem or insignia of the National
Hecovery Administration.
Section 5. The Executive Committee shall neither incur nor pay
any obligation substantially in excess of the amount thereof as esti-
mated in its approved budget, and shall in no event exceed the total
amount contained in its approved budget, except upon approval of
the Administrator ; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates,
except those which the Administrator shall have so approved.
Approved Code No. 308E — ^Amendment No. 1.
Registry No. 117-16.
Approved Code No. 9 — Amendment No. 26
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
LUMBER AND TIMBER PRODUCTS INDUSTRY
As Approved on December 18, 1934
ORDER
APPR0\^NG x4.MENDMENT OF CoDE OF FAIR COMPETITION FOR THE
Lumber and Timber Products Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I, of the National Industrial
Recovery Act, approved June 16, 1933, for aj)proval 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 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-
ment 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 previ-
ous 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 twenty 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 REC0^•ERY Board,
ByW. A. Hakriman, Administrative Q-fficer.
Approval recommended:
W. P. Ellis,
Acting Division Administrator.
Washington, D. C,
December 18, 1934.
(429)
REPORT TO THE PRESIDENT
The President,
The 'White House.
Sir : On August 19, 1933, you approved a Code of Fair Compe-
tition for the Lumber and Timber Products Industries.
This is a report on Lumber Code Authority Amendment Number
87, the public hearing on which was conducted in Washington, D. C,
beginning on April 3, 1934, in accordance with the provisions of the
National Industrial Recovery Act.
The Amendment contemplates the revision of portions of fair
trade practices embodied in Schedule " B "' of the Lumber and
Timber Products Industries Code by the addition of the fair trade
practices for the Red Cedar Shingle Division.
This Amendment proposes to make mandatory several of the pro-
visions of simplified practice recommendation R16-29 and commer-
cial standard CS31-33 of the Bureau of Standards which forbid the
manufacture and sale of substandard shingles.
It is to be noted that the shingle manufacturers of British
Columbia in their agreement with the State Department relative to
shingles exported into the United States from Canada have agreed
to abide by the Bureau of Standards' regulations and it is felt that
the American shingle manufacturers should also be similarly re-
stricted. At the present time the bulk of shingles manufactured in
the United States are manufactured in accordance with the above
mentioned requirements.
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 including 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-
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
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(430)
431
(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 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 to
this Code.
For the National Industrial Recovery Board :
W. A. Harkiman,
Administrative Officer.
Decembek 18, 1934.
1(17954—^5
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
LUMBER AND TIMBER PRODUCTS INDUSTRY
Amend Schedule " B " by adding the following Section :
Section 11 — Red Cedar Shingles
(a) Red Cedar Shingles which do not conform to the requirements
of Simplified Practice Recommendation R 16-29 and Commercial
Standard CS31-33 of the Bureau of Standards of the Department of
Commerce, and all subsequent revisions thereof, shall not be manu-
factured.
(b) Red Cedar Shingles thinner than 5/2'', measured at the butt
end, and shorter than 16" shall not be packed, shipped, sold, listed
or offered for sale.
(c) No Red Cedar Shingles shall be packed, shipped, sold, listed
or offered for sale other than in conformity with the standard pack
(square) established by Simplified Practice Recommendation R16-29
and Commercial Standard CS31-33 of the Bureau of Standards of
the Department of Commerce.
(d) Red Cedar Shingles shall not be branded or labeled "extra
clear ", " premium clear ", or " all clear " unless they are in fact one
hundred percent clear, or with any other misleading grade or trade
name.
(e) Red Cedar Shingles shall be branded or labeled with brands
or labels which clearly indicate the si^ecies and the grade number.
The number shall be in letters of the same size as the grade name
established by Simplified Practice Recommendation R16-29 of the
Bureau of Standards of the Department of Commerce.
(f ) Red Cedar Shingles shall not be shipped, sold, or offered for
sale under any other guarantee of grade than that provided for in
Simplified Practice Recommendation R16-29 revised. Bureau of
Standards, United States Department of Commerce, and Commer-
cial Standard CS31-33, Bureau of Standards, United States Depart-
ment of Commerce.
Approved Code No. 9 — Amendment No. 26.
Registry No. 313-1-06.
(432)
Approved Code No. 347 — Amendment No. 8
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
MACHINERY AND ALLIED PRODUCTS INDUSTRY
As Approved on December 18, 1934
ORDER
Approving Amendment or Code of Fair Competition for the
Machinery and Allied Products Industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Machinery and Allied
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, 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 ai:)proval of said Code in its entirety as amended.
National Industrial Recovery Board,
W. A. Harriman, Administrative Officer. '
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
December 18, W3Jf.
(433)
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 Used Textile Machinery and Accessories Distrib-
uting Trade to include Executive Order 6678 of April 14, 1934 relat-
ing to collection of expenses of code administration. This amend-
ment was proposed in accordance with Article VI, Section 2 (a) of
the Code, approved April 4, 1934 and Notice of Opportunity to be
Heard was given November 21 to December 11, 1934.
FINDINGS
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
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural 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 amendent on behalf of the Trade as a whole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(43^)
435
It is found that :
(a) The Amendment to said Code and the Code as amended arc
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
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Amendment.
For these reasons, this Amendment has been approved.
For the National Industrial Recovery Board.
W. A. Harriman,
Administrative Officer,
December 18, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
MACHINERY AND ALLIED PRODUCTS INDUSTRY
Amend Article II by adding the following paragraph as Defini-
tion No. 50 :
"(50) 'Mine Car Manufacturing Subdivision' means the manu-
facture for sale or lease of nonpowered wheeled vehicles not exceed-
ing 350 cubic feet level full capacity such as are customarih^ em-
ployed in coal mining operations for transportation of coal from
the point of its dislodgment at the face of operations to the tipple
or to the place where it is used, processed, stored or committed to
other transportation facilities ; and chilled cast iron mine car wheels ;
and parts and repair parts for such vehicles except those manufac-
tured under any other approved Code."
Approved Code No. 347 — Amendment No. 8.
Registry No. 1399-65.
(436)
Approved Code No. 366 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RETAIL MONUMENT INDUSTRY
As Approved on December 18, 1934
ORDER
Approving Amendment of 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 the Code of Fair Competition for the Retail Monument
Industry, and the annexed report on said amendment, containing
findings with respect thereto, having been made and directed to the
i^i*psi rl PTit *
NOW, THEREFORE, on behalf 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 Number 6859, dated September 27, 1934, and other-
wise; does hereby incorporate by reference, said annexed report
and does find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and does hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby amended to include an approval of said Code in its entirety
as amended, such approval and such amendment to take effect on
January 9, 1935, unless within twenty (20) days from the date
hereof, good cause to the contrary is shown to the National Indus-
trial Recovery Board and the National Industrial Recovery Board
issues a subsequent order to that effect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Ojficer.
Approval recommended :
Robert L. Houston,
Division Administrator.
Washington, D. C,
Decemher 18, 1934.
(437)
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
Retail Monument Industry, submitted by the Code Authority for
such Industry.
The effect of the amendment is to transfer the State of Arizona
from Division 14 to Division 16 and to combine it with California
and Nevada in Division 16.
FINDINGS
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 gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of the industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The Code as amended complies in all respects with the 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 Avhole.
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(438)
439
(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.
For these reasons, this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Haeriman,
Administrative Oiftcer.
December 18, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE RETAIL MONUMENT INDUSTRY
Article VI, Section 3, Divisions 14 and 16, are hereby amended
to read as follows:
Division 14. Wyoming, Utah, Colorado and New Mexico.
Division 16. California, Nevada and Arizona.
Approved Code No. 366 — ^Amendment No. 2.
Registry No. 1030-12.
(440)
Approved Code No. 156 — Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RUBBER MANUFACTURING INDUSTRY
As Approved on December 18, 1934
OKDER
Approving Amendment of Code or Fair Competition for the
Rubber 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 Rubber 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 amended to
include an aj)proval of said Code in its entirety as amended.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Ofjicer.
Approval recommended :
Joseph F. Battley,
Acting Division Administrator.
Washington, D. C,
December 18, 1934.
(441)
KEPOKT TO THE PRESIDENT
The President,
The White Bouse.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Rubber Manufacturing Industry ; approved on
December 15, 1933 and as amended on April 30, 1934 and September
1, 1934 respectively.
GENERAL STATEMENT
Administrative Order No. 156-37, dated September 25, 1934, ap-
proved a Uniform Accounting Manual for the Rubber Manufacturing
Industry and in part provided that:
" The operation of provisions of Chapter II, Article III-A, Sec-
tion 1 ; Chapter IV, Article III-A, Section 2 ; Chapter VII, Article
IV-A, Section 2 ; Chapter X, Article V-A, Section 1, of the Code of
Fair Competition for the Rubber Manufacturing Industry be and
the same are hereby stayed indefinitely pending the submission by
the Code Authority within thirtj'^ (30) days of amendments deleting
said provisions from said Code and making applicable in lieu thereof
the provisions of Chapter I, Article VII-A ; provided that the appli-
cation of said provisions of Chapter I, Article VII-A, is construed
not to prohibit any member of the Industry from selling below his
own individual cost in good faith in order to meet the competition
of any other member."
Pursuant to the above-mentioned provision the Code Authority on
October 25, 1934 duly submitted an amendment to carry out the
requirements of said Order. The effect of this amendment is to
delete from the several Chapters mentioned, the " Representative
Cost " provisions and make operative for the Industry in lieu thereof
the provisions of Chapter I, Article VII-A and Administrative
Order 156-37, which are substantially that no member of the In-
dustry shall initiate a sale below his own individual cost as deter-
mined by the Approved Accounting Manual except to meet in good
faith the competition of any other member.
FINDINGS
The Assistant Deputy Administrator in his final report on said
amendment of said Code having found as herein set forth and on
the basis of all 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
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
(442)
443
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 un-
fair 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
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 Code as amended complies in all respects wdth 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 these Divisions (referring to industry
divisions already mentioned) of the Industry upon the recommenda-
tion of the respective Divisional Authorities after the approval of
the majority of the Divisional Code members in number and volume.
(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 this reason this amendment has been approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administratiiie Officer.
December 18, 1934
AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
RUBBER MANUFACTURING INDUSTRY
Chapter I, Article VII-A
Amend Section 2 by changing period at end of first sentence to a
comma, and inserting:
" provided, however, the provisions of this section shall be con-
strued not to prohibit any member of the Industry from selling below
his own individual cost in good faith in order to meet the competition
of any other member."
Chapter II, Article III-A
Amend by deleting Section 1 and, substituting in lieu thereof the
following :
" Section 1. The provisions of Chapter I, Article Vll-A shall be
applicable to all members of this Division, provided, however that
said provisions shall not be considered to prohibit any member of
this Division from selling below his own individual cost in good faith
in order to meet the competition of any other member regarding the
existence of which competition he has definite proof."
Chapter IV, Article III-A
Amend by deleting Section 2 and substituting in lieu thereof, the
following :
" Section 2. The provisions of Chapter I, Article VII-A shall be
applicable to all members of the Division."
Chapter VII, Article IV-A
Amend by deleting Section 2 and substituting in lieu thereof the
following :
" Section 2. The provisions of Chapter I, Article VII-A, shall be
applicable to all members of the Division."
Chapter X, Article V-A
Amend by deleting Section 1 and substituting in lieu thereof the
following :
•' Section 1. The provisions of Chapter I. Article VII-A shall be
applicable to all members of the Division."
Ai)i)roved Code No. 156 — Amendment No. 3.
Registry No. 899-04.
(444)
Approved Code No. 208 — Amendment No, 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
PICTURE MOULDING AND PICTURE FRAME
INDUSTRY
As Approved on December 19, 1934
ORDEK
Approving Amendment of Code of Fair Competition for the
Picture Moulding and Picture Frame Industry
An application having been duly made pursuant to and in full com-
pliance with the ]3rovisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amendment
to the Code of Fair Competition for the Picture Moulding and Pic-
ture Frame Industry and due consideration having 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 authority
vested in it by Executive Orders of the President, including Execu-
tive Order No. 6859, and otherwise, does hereby incorporate by ref-
erence, 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 does 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, 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 eflfect.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
W. P. Ellis,
Acting Division Administrator.
Washington, D. C,
Decemler 19, 1931^.
(445)
REPOKT TO THE PRESIDENT
The President,
The White Rouse.
Sir : This is a report on an amendment to the Code of Fair Com-
petition for the Picture Moulding and Picture Frame Industry, as
approved on January 16, 1934.
An application ^Yas made under date of October 15, 1934, by the
Code Authorit}- of the above said Industry for an amendment to
Article VI of said Code. All interested parties were given an oppor-
tunity to present their views between October 25, 1934, and Novem-
ber 14, 1934, and all suggestions were given due consideration.
The amendment as proposed requires that all products manufac-
tured or distributed within the provisions of the Code shall bear a
NRA label. The rules and regulations governing same will tend to
promote the policies and purposes of Title I of the National Indus-
trial Recovery Act, and will result in more effective compliance with
the provisions of said Code, by the members of the Picture Moulding
and Picture Frame Industry.
FINDINGS
The Deputy Administrator in his final report to us on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter :
We find that :
(a) That amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action among trade groups, by inducing and main-
taining united action of labor and management under adequate 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 iudnstrial 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 comi)lies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof.
(c) The amendment and tlio (^xlc as amended are not designed
to and will not permit mon())^()li(>s or monopolistic practices.
(446)
447
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, we have approved this amendment.
For the National Industrial Recovery Board :
W. A. Harriman,
AdTninistrative O^oer.
December 19, 1934.
107954—35 24
AMENDMENT TO CODE OF FAIK COMPETITION FOR
THE PICTURE MOULDING AND PICTURE FRAME
INDUSTRY
Article VI is amended by the addition of the following:
Section 12, Labels. — All products manufactured or distributed
subject to the provisions of this Code shall bear a NRA label attached
to each such product to symbolize to purchasers of said products the
conditions under which it was manufactured or distributed. In the
case of products of this industry which are not completely fabricated
in the form in which such products are purchased by the ultimate
consumer, the containers, packages, or wrappers immediately con-
taining such products shall have a N. R. A. label attached to each such
container, package, or wrapper in lieu of the attachment of such
label to each such product. Each label shall bear a registration
number especially assigned to each member of the Industry by the
Code Authority and remain attached to such container, package,
wrapper, or product when delivered to the purchaser. Any member
of the Industry may apply to the Code Authority for a permit to
use such label, which permit to use such label shall be granted to him
or it, but said member may use such label only if and so long as he
complies with this Code. The Code Authority, subject to the ap-
proval of the National Industrial Recovery Board, and to such rules
and regulations applicable to provisions for the mandatory use of
labels bearing the insignia of N. R. i^, as may be issued, shall establish
rules and regulations and appropriate machinery for the issuance of
labels and the inspection, examination, and supervision of the prac-
tices of members of the industry using such labels in observing the
provisions of this Code for the purpose of ascertaining the right of
said members of the Industry to the continued use of said labels ; of
protecting purchasers in relying on said labels; of insuring each
individual member of the industry that the symbolism of said label
will be maintained by virtue of compliance with the practices herein
contained by all other members of the industry.
The charge made for such labels by the Code Authority shall be
at all times subject to supervision and orders of the National Indus-
trial Recovery Board and shall be not more than an amount necessary
to cover the actual reasonable cost thereof, including actual printing,
distribution, and administration and supervision of the use thereof
as hereinabove set forth.
Approved Code No. 208— Amendment No. 2.
Registry No. 1122-09.
(448)
A-pproved Cade No. 282 — Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
RESTAURAlSrr INDUSTRY
As Approved on December 19, 1934
ORDER
Approving Amendment of Code of Fair Competition for the
Restaurant 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 Restaurant 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, 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 entiretj^ as amended, such
approval ancl such amendment to take effect twenty 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 W. A. Harriman, Administrative Officer.
Approval recommended :
Aemin W. Riley,
Division Administrator.
Washington, D. C,
December 19, WSk.
(449)
KEPOKT TO THE PRESIDENT
The President,
The White House.
Sir: This is a report on an amendment to the Code of Fair-
Competition for the Restaurant Industry, as revised after a Public
Hearing held in the Auditorium, Department of Commerce Build-
ing, Washington, D. C, August 20, 1934.
In accordance with customary procedure every person who had
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
PROVISIONS OF THE AMENDMENT
The Amendment contains the follo^ving provisions designed to
promote fair competition and to effectuate the purposes and policies
of Title I of the National Industrial Recovery Act by increasing
voluntary code compliance.
1. A provision which provides for an increase in the number of
members of the National Restaurant Code Authority making that
body more fully representative of the Industry.
2. A provision w^hich provides for the manner of selection of the
National Restaurant Code Authority.
3. A provision which puts hotel restaurants under the jurisdiction
of the National Restaurant Code Authority.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendment to said Code having
found as herein set forth and on the basis of all 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 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 co-operative action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest 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
(450)
451
^unemployment, "by improTmg 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 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 enterprises and will not
•operate to discriminate aga,inst them.
(e) Those engaged in other ste^Ds of the economic process have not
been deprived of the right to oe heard prior to approval of said
lamendment.
Said amendment was accordingly approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative O^cer.
Decemiiek 10, 1034.
AMENDMENT TO THE CODE OF FAIK COSIPETITIONT
FOR THE RESTAURANT INDUSTRY
Article VIII, Section 1 (a) is hereby amended to read as follows!
Section 1 (a), A Code Authority of ten (10) representatives of"
the Industry or such other number as may be approved from time
to time by the National Industrial Recovery Board and not more
than three (3) representatives of the National Industrial Recovery
Board, without vote, to be known as the National Restaurant Code
Authority, shall be established for the purpose of administering^
supervising and promoting the performance of the provisions of
this Code. Tlie Code Authority shall assist the National Indus-
trial Recovery Board in all matters relating^ to. the a,dministration of
the provisions of this Code.
Article VIII, Section 1 (b) is hereby aixiended to read as follows:
(b) The Code Authority shall be selected iji' accordance with the-
f ollowing rules :
1. Ten (10) representatives of the Industry shall be chosen; five-
(5) shall be selected by the National Restaurant Association subject
to the approval of the National Industrial Recovery Board and
five (5), or such other number as may be approved from time to
time by the National Industrial Recovery Board, shall be appointed
by the National Industrial Recovery Board to- represent those mem-
bers of the Industry who are not members of said Association.
2. Any vacancies occurring in the membership of the Code Au-
thority shall be filled by the selection ©f a new member in the-
same manner and from the same class as that of the member whom
he replaces.
3. Members of the Code Authority shall serve for such term a»
may be designated or until their successors are selected.
Article VIII, Section 3, subsections (a),, (h.), (c),, (d),. (.e)^aii£l
(f ) are hereby deleted.
Approved Code No. 282 — Amendment Nol 2:
Registry No. 1728-2-11,
(452>
APPENDIX
Approved Code No. 84 — Appendix No. 2
CODE APPENDIX
FOR THE
METAL SPINNING AND STAMPING
MANUFACTURING INDUSTRY
As Approved on November 22, 1934
ORDER
Approving Appendix for the Metal Spinning and Stamping
Manufacturing Industry
a subdivision of the fabricated metal products manufactueinq.
and metal finishing and metal coating industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and in accordance with the
provisions of Section 4 of Article IV of the Code of Fair Competi-
tion for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, approved November 2, 1933,
as amended June 1, 1934, for approval of an Appendix establishing
trade practice provisions for the Metal Spinning and Stamping Man-
ufacturing Subdivision of said Industry, and public hearing having
been duly held thereon; and the annexed report on said Appendix
to 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, dated September 27, 1934, and otherwise;
does hereby incorporate by reference said annexed report and doe&
find that said Appendix to 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 Appendix
of said Code of Fair Competition be and it is hereby approved;
provided, however, that the governing body mentioned in para-
graph B of the Appendix is set up in a manner satisfactory to the
National Industrial Recovery Board.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended:
Kilbourne Johnston,
Acting Division Administrator.
Washington, D. C,
November 22, 193 Jf..
(453)
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on an Appendix to the Code of Fair Compe-
tition for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, approved on November 2,
1933, and as amended on June 1, 1934,
GENERAL STATEMENT
The Metal Spinning and Stamping Manufacturing Industry, be-
ing truly representative of this Subdivision of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry, has elected to avail itself of the option of operating under
the Code for the Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating Industry, as amended on June
1, 1934, with the assistance of additional fair trade practice
provisions.
RESUME OF THE APPENDIX
Paragraph A, Definition, accurately defines the term " Metal
Spinning and Stamping Manufacturing Subdivisions ".
Paragraph B, Governing Body, sets up a governing body consist-
ing of members of the Subdivision to be known as the Subdivisional
Committee for the Metal Spinning and Stamping Manufacturing
Subdivision.
Paragraph C, Effective Date, prescribes the effective date of the
Appendix.
Paragraph 4 makes the violation of any of the trade practices
in this Appendix also a violation of the Code.
Section 1 sets up maximum discounts and terms of sale.
Section 2 provides against any member of the Subdivision from
wilfully inducing or attempting to induce the breach of existing
contracts between competitors and their customers.
Section 3 provides against pre-dating or post-dating any invoices
or contracts of sales.
Section 4 provides for the formulation of methods of cost finding
and accounting capable of use by all members of the Subdivision, and
provides against actions which cause influences inconsistent with the'
maintenance of a free and open market.
FINDINGS
The Deputy Administrator in his final report to the Board on
said Appendix to said Code having found as herein set forth and
on the basis of all the proceedings in this matter :
(454)
455
It has been found that :
(a) Said Appendix to said Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 employ-
ees; and is not classified by me as a major industry.
(c) The Appendix to said Code as approved complies in all
respects with the pertinent provisions of said Title of said Act,
including without limitation Subsection (a) of Section 3, Subsec-
tion (a) of Section 7, and Subsection (b) of Section 10 thereof; and
that the applicant association is an association truly representative
of the aforesaid Industry; and that said association imposes no
inequitable restrictions on admission to membership therein.
(d) The Appendix to said Code is not designee! to and will not
permit monopolies or monopolistic practices.
(e) The Appendix to said Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to dis-
criminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Appendix to said Code.
For these reasons, therefore, this Appendix of said Code has been
approved.
For the National Industrial Recovery Board :
W. A. Harriman,
Adininistrative Officer.
November 22, 1934.
CODE APPENDIX FOR THE METAL SPINNING ANI>
STAMPING MANUFACTURING INDUSTRY
A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING;
AND METAL FINISHING AND METAL COATTNG INDUSTRY
Pursuant to Section 4 of Article IV of the Code of Fair Competi-
tion for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, as amended, (the terms of
which apply to each member of the Metal Spinning and Stamping
Subdivision), the following provisions are established as an Ap-
pendix to said Code of Fair Competition of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry for such Metal Spinning and Stamping Manufacturing
Subdivision of that Industry.
A. Definition. — The term "Metal Spinning and Stamping Manu-
facturing Subdivision " or " subdivision " as used herein, means all
individuals, firms or corporations engaged in the manufacture for
sale (on a job contract basis) and not for use in further manufac-
turing in this subdivision of — (1) Metal spinnings and (2) Metal
spinnings and stampings when both the spinning and stamping oper-
ations are performed on the same product by a member of the sub-
division, specifically excluding the mere stamping of metal alone.
B. Governing Body. — The members of the subdivision shall set up-
a Subdivisional Committee for the Metal Spinning and Stamping
Manufacturing Subdivision, hereafter referred to as tlie " Subdivi-
sional Committee ", consisting of as many members as may be deter-
mined by and in a manner satisfactory to the Basic Code Authority
or the National Industrial Recovery Board.^
C. Effective Bate. — This Appendix shall become effective ten (10)
days after its approval by the National Industrial Recovery Board,.
TRADE PRACTICE&
Any member of the subdivision who directly or indirectly through
any officer, employee, agent or representative violates or evades any
of the following trade practice provisions shall be guilty of violation!
of this Code.
Section 1. Terniis. — No member of the subdivision shall grant
terms more favorable than net cash thirty (30) days or, if discount
is allowed, such discount shall not be in excess of two (2%) percent
for cash in ten (10) days.
Section 2. Inducing Breach of Contract. — No member of the sub-
division shall willfully 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 perform.-
' See paragraph 2 of order approving this appendix,.
(456>
457
ance 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 3. Pre-dating or Post-dating. — No member of the subdivi-
sion shall knowingly pre-date or post-date any invoice or contract of
sale.
Section 4. Cost Findmg. — The governing body shall cause to be
formulated methods of cost finding and accounting capable of use by
all members of the subdivision, and shall submit such methods to the
National Industrial Recovery Board for review. If approved by the
National Industrial Kecovery Board, full information concerning
such methods shall be made available to all members of the sub-
division. Thereafter, each member of the subdivision shall utilize
such metliods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the governing body, any agent
thereof, or any member of the subdivision to suggest uniform addi-
tions, percentages or differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
prices. The j^rinciples of accounting and costing as approved and set
4ip under tliis section shall not be used by the governing body or the
JBasic Code Authority in the administration of the provisions of
Article V, Section A of the Basic Code.
Approved Code No. 84 — Appendix No. 2.
fiegi&try No. 1203-06.
CANCELLATION
ORDER NO. 191-6
EXECUTIVE ORDER
Canceling Order Approving Code for the Cinders, Ashes and
Scavenger Trade
The Administrator for Industrial Recovery having called a public
hearing to determine whether my order approving the Code of Fair
Competition for the Cinders, Ashes and Scavenger Trade, dated
December 30, 1933, should be canceled, and the hearing having been
held and the National Industrial Recovery Board having rendered
its report containing its recommendations and findings with respect
to such cancellation, and it appearing that upon such cancellation
most of the transportation operations of this Trade will be subject
to the Code of Fair Competition for the Trucking Industry approved
February 10, 1934, and all of the construction operations thereof to
the Code of Fair Competition for the Construction Industry
approved January 31, 1934.
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Article
VIII of the Code of Fair Competition for the Cinders. Ashes and
Scavenger Trade, and by Title I of the National Industrial Recovery
Act (approved June 16, 1933) do adopt and approve the report,
recommendations and findings of the National Industrial Recovery
Board, and do hereby cancel my order approving said Code.
FRANKLIN D. ROOSEVELT.
Approval recommended :
National Industrial Recovery Board,
By W. A. Harriman, Administrative Q-jficer.
The White House,
December 19, 193^,
(459)
1(1711.14—35-
REPORT OF THE PRESIDENT
The President :
The White House.
Sir: A Public Hearing was held at Washington, D. C, July 17^
1934, to ascertain whether the Code of Fair Competition for the
Cinders, Ashes and Scavenger Trade was tending to effectuate the
purposes and meeting the requirements of Title I of the National
Industrial Recovery Act, and to consider whether this Code should
be canceled; it appearing that upon such cancellation most of the
transportation operations of this Trade would be subject to the Code
of Fair Competition for the Trucking Industry, approved February
10, 1934, and all of the construction operations thereof to the Code
of Fair Competition for the Construction Industry, approved Janu-
ary 31, 1934, both of which Codes provide for divisions of these In-
dustries with Divisional Code Authorities under which the operations
of this Trade could be conducted. Thus, in the event of cancellation,
the major activity of the Cinders, Ashes and Scavenger Trade would
be subject to the Code of Fair Competition for the Trucking In-
dustry. A much smaller portion of the activities would be subject to
the Code of Fair Competition for the Construction Industry, and
an exceedingly small percentage of the Trade in the nature of a serv-
ice trade may not be covered by either of these Codes,
The Cinders, Ashes and Scavenger Trade has not been organized
nationally nor has it been able to form a Code Authority organiza-
tion to function nationally. The consolidation of this Trade with
the Trucking Industry and the Construction Industry is, therefore,
desirable.
WAGE AND HOUR PROVISIONS AFFECTED BY CANCELLATION
The wage and hour provisions of the Trucking and Construction
Codes are not so dissimilar to those of the Code for the Cinders,
Ashes and Scavenger Trade as to produce hardship on the members
thereof. It is in accordance with National Recovery Administration
policy that Codes involving trucking operations conform with the
wage and hour provisions of the Trucking Code affecting employees
engaged in such operations.
ECONOMIC EFFECT OF CANCELLATION
Administration of the activities of this Trade through the organi-
zation provided by the Code Authorities of the Trucking and Con-
struction Industries will relieve this Trade of the expense of setting
up a national and regional code authority organization.
FINDINGS
The Deputy Administrator in his final report to the National
Industrial Recovery Board on the subject of the cancellation of the
(460)
461
Cinders, Ashes and Scavenger Trade Code having found as herein
set forth and on the basis of all the proceedings in this matter :
It finds that:
(a) Cancellation of this Code complies in all respects with the per-
tinent provisions of Title I of the National Industrial Recovery Act
including, without limitation, subsection (a) of Section 7 and sub-
section (b) of Section 10 thereof.
(b) The American Institute of Sanitation Services, the association
which presented this Code, is not truly representative of the Cinders,
Ashes and Scavenger Trade. There is no truly representative or-
ganization of the Trade and there being little reason for interest in
a national organization, it consequently appears that a nationally
representative Code Authority cannot be obtained.
(c) This Code does not contain trade practice provisions peculiar
to the Trade nor other provisions which would prevent proper ad-
ministration of its activities under the Trucking and Constructioij
Codes.
(d) Cancellation of this Code has been requested by the members
of the Trade who presented the Code, and, as far as can be deter-
mined, meets with the approval of the majority of the members of
the Trade. Cancellation of the Code is considered as being for the
best interest of the members of the Trade, their employees and the
general public.
The National Industrial Recovery Board, therefore, recommends
that the Executive Order dated December 30, 1933, approving the
Code of Fair Competition for the Cinders, Ashes and Scavenger
Trade be canceled.
For the National Industrial Recovery Board :
W. A. Harriman,
Administrative Ofjicer^
December 18, 1934.
SUPPLEMENTS
Approved Code No. 347 — Supplement No. 44
SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
CEREAL MACHINERY INDUSTRY
As Approved on November 14, 1934
ORDER
Approving Supplementary Code of Fair Competition for the
Cereal Machinery Industry
A division of the machinery and allied products industry
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of Fair Competition for the Cereal Machinery Sub-
division of Machinery and Allied Products Industry, and hearing
having been held thereon and the annexed report on said Supple-
mental Code, containing jfindings 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 Supplemental 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 Supplemental
Code of Fair Competition be and it is hereby approved, subject to
the following conditions :
(1) That the provisions of Article VIII, Sections (a) and (b),
insofar as they prescribe a waiting period between the filing with
the Code Authority (or such agency as may be designated in the
Supplemental Code) and the effective date of price lists, as orig-
inally filed and/or revised price lists or revised terms and conditions
of sale, be and they hereby are stayed pending further order; and
(2) That the provisions of Article IX, Section 4, be and they
hereby are stayed pending the submission of satisfactory evidence
concerning distribution of the products of the Subdivision to the
National Industrial Recovery Board.
(463)
464
(3) That the provisions of Article IX, Section 5, be and they
hereby are stayed pending further order of the National Industrial
Recovery Board in order that the Code Authority may submit a
Section determining trade-in allowances.
National Industry Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
Barton W. Murray,
Division Administrator.
Washington, D. C,
November 11^, 193^.
REPORT TO THE PRESIDENT
The President,
The White House.
Sir : This is a report on the Supplemental Code of Fair Competi-
tion for the Cereal Machinery Subdivision of Machinery and Allied
Products Industry, a public hearing on which was held in Washing-
ton, D. C, on December 8, 1933, and reconvened on December 21,
1933. The hearings were conducted in full accordance with the
provisions of Title I of the National Industrial Recovery Act.
GENERAL STATEMENT
The Cereal Machinery Subdivision, being truly representative of
the manufacturers of the products defined in Article II of the Sup-
plemental Code, has elected to formulate and submit a Supplemental
Code of Fair Competition as provided for in the second paragraph
of Article I in the Code of Fair Competition for the Machinery
and Allied Products Industry, approved by you on the seventeenth
day of March, 1934.
The Subdivision includes the engineering, designing, manufactur-
ing, and/or importing and assembling for sale of machinery (includ-
ing spare, repair and replacement parts thereof) for reduction,
cleaning, roasting, drying, cooling, separating, mixing and flaking
as used in the manufacture and processing of cereals, seeds and nuts
and/or their by-products and includes supplies and/or equipment
directly incident thereto and also includes grinding and corrugat-
ing of mill rolls (excluding machinery and/or equipment for ex-
tracting vegetable oils, hammer mills, machinery as sold for use on
farms, machinery and/or equipment or parts therefor having a
general application and use for purposes other than the uses herein-
above enumerated) and includes all persons so engaged.
ECONOMIC EFFECT
The Cereal Machinery Association has submitted in its code appli-
cation data showing the estimated values of aggregate invested
capital, production capacity, and annual sales of machinery and
parts thereof used in the handling, storage, and processing of cereals,
seeds, and nuts for the years 1928 to 1933, inclusive. This associa-
tion claims to represent 80 per cent of the entire industry measured
by dollar volume of business in 1932.
Data pertaining to employment, average hours of labor, and aver-
age earnings have been summarized from 36 National Recovery
Administration questionnaire returns.
Annual sales of the products of this Subdivision declined from
$9,700,000 in 1929 to $3,290,000 in 1932, or 66.1 per cent. The Sub-
division has estimated the value of sales for 1933 at $2,760,000 which
(465)
466
indicates a further decline of 16.1 per cent as compared with the
previous period. Invested capital has declined 13.7 per cent since
1929. while estimated production capacity has increased 2.7 per cent.
The trade association in its code application has estimated that this
Subdivision employed approximately 2,070 employees in 1929. A
tabulation of questionnaire returns from 36 establishments of the
Subdivision shows that in 1929, 81.8 per cent of the total number of
employees were factory workers. On the basis of this 81.8 per cent,
377 office workers have been segregated from the 1929 figure, leaving
1,693 factory workers.
No figures are available on the full-time hours per week for the
entire Subdivision. A summarized tabulation of National Recovery
Administration questionnaires returned by the Subdivision shows
that in June, 1929, the average working time ranged from 8 to 9 hours
per day and in June, 1933, and October, 1933, 7 to 8 hours per day.
The effect of the 40-hour provision with production at more normal
levels may be estimated on a basis of total man-hours per week in 1931
divided by the number of hours prescribed in the code.
After 1929 man-hours declined steadily from 86,000 to a minimum
of 30,430 in 1932, or approximately 65 per cent. Man-hours as of
October 15, 1933, increased to 43,940, or 44 per cent over the 1932
level.
If it is assumed that the 46,990 man-hours for 1931 are representa-
tive of the volume of production for that year, and a reasonable
measure of man-hour requirements in a more normal period, the
adoption of the 40-hour week would require a force of approximately
1,175 workers, or 69 per cent of the 1929 working level.
The probability that all factory workers in the Subdivision will be
working to the limit of the maximum 40-hour provision is remote.
Consequently the average work week is likely to be shorter, say 36
assumed effective hours, and employment correspondingly greater;
viz., 1,305 workers will be required to produce the 1931 volume.
The minimum wage provisions proposed for the Subdivisions which
are operating under the Code of the Machinery and Allied Products
Industry are based on a fiat minimum hourly rate of 32 cents per hour
for the South and the following city population differentials for all
other sections of the United States :
Over 50,000 population 40 cents per Ivuv
Over 10,000 to 50,000 population 38 cents per hour
10,000 population and under 36 cents per hour
In addition to the minimum wage rates shown above, the Code pro-
vides that women engaged in substantially the same work as men
shall receive the same rate of pay as such men employees; that the
minimum wage for women employees engaged in plant operations
shall be not less than 87.5 per cent of the j^roper rate for the locality
in which employed as specified ; and that the minimum in the South
shall be not less than 32 cents per hour.
Total estimated weekly payrolls for the Subdivision have been com-
puted by multiplying the average weekly wage shown for workers in
the sample covering 36 establishments of the Subdivision by the esti-
mated number of factory workers. The estimated weekly payroll of
$41,766 for this Subdivision in 1929 declined to a minimum of $10,615
in the first quarter of 1933, or 75 per cent. Payrolls amounting to
467
$20,322 for the third quarter of 1933 indicate that payrolls for the
Subdivision have increased about 91 per cent since the first quarter
of 1933.
According to a summary of questionnaire returns from 36 estab-
lishments of the Subdivision, average weekly earnings declined from
$24.67 in 1929 to a minimum of $13.54 in the first quarter of 1933, or
45 per cent.
Weekly wages corrected for the cost of living (National Recovery
Administration index) declined from $24.67 to a minimum of $19.48
in the first quarter of 1933. In the third quarter of 1933 these " real "
wages had increased to $24.33.
Numher of Factory Workers Receiving Minimum Wages
Proposed for South or Cities Ranging from
50,000 population and over
10,000—50,000 population...
Under 10,000 population. _-
Southern minimum
Proposed
Minimum
Hourly Wage
40 cents
38 cents
36 cents
32 cents
Workers Receiving
Less than the
Minimum Re-
gardless of Loca-
tion
Per-
cent
40.8
35.3
29.9
18.6
Approxi-
mate Num-
ber
361
312
265
165
Minimum hourly earnings of factory wage earners have been re-
ported in questionnaire returns from 36 establishments of the Sub-
division for June 15, 1929, June 15, 1933, and October 15, 1933.
The lowest minimum wage reported for each of the three periods
by any of these establishments ranged between 15 cents and 20 cents
per hour.
Based on the percentage of number of wage earners receiving less
than the designated rates, as shown above, and the fact that the
minimum wage paid as of October 15, 1933, ranged between 15 and
20 cents per hour, the adoption of the proposed minimum hourly
rates is expected to cause an increase in the payrolls of this Sub-
division based on the distribution as of June 15, 1933. The esti-
mated increase will probably not exceed about 8.4 per cent, assuming
only upward adjustment in the brackets below the 40-cent minimum.
RESUME OF SUPPLEMENTAL CODE
Article I states the purposes of the Supplemental Code.
Article II accurately defines specific terms applicable to the Sub-
division as used in this Supplemental Code.
Article III provides for the adoption of the employment provi-
sions of the National Industrial Recovery Code of the Machinery and
Allied Products Industry, as approved by you, and as from time to
time amended.
Article IV provides for the adoption of Articles II, VI, VIII,
and IX of the Code of Fair Competition for the Machinery and
Allied Products Industry.
468
Article V provides for the establishment of a Code Authority and
defines its powers and duties.
Article VI provides for an accounting system and methods of cost
finding and/or estimating.
Article VII provides that no products of the Subdivision shall be
sold or offered for sale below a reasonable cost when the Code
Authority determines that an emergency exists.
Article VIII provides for methods of setting up, revising and
filing price lists and discount sheets and terms of sale and payment.
Article IX sets forth trade practices for the Subdivision.
Article X states that no provision of this Supplemental Code
relating to pricing and marketing shall apply to Export sales as
defined by the term " Export " in this Article.
Article XI provides that this Supplemental Code and all the pro-
visions thereof are expressly made subject to the right of the Presi-
dent, in accordance with Subsection (b) of Section 10 of the Act,
from time to time to cancel or modify any order, approval, license,
rule or regulation issued under said Act. Provision is also made
that modifications may be submitted by the Code Authority to the
Administrator for approval.
Article XII. No provision of this Supplemental Code shall be so
applied as to permit monopolies, or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
Article XIII states the effective date of this Supplemental Code.
FINDINGS
The Assistant Deputy Administrator in his final report to us on
said Supplemental Code having found as herein set forth and on the
basis of all the proceedings in this matter :
We find that :
(a) Said Supplemental Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organi-
zation of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervision,
by eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said '^Subdivision normally employs not more than 50,000
employees; and is not classified by us as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
469
of the aforesaid Subdivision; and that said association imposes no
inequitable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to dis-
criminate against them.
(f ) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Supplemental Code.
For these reasons, therefore, we have approved this Supplemental
Code, provided that certain provisions relating to price publication
in Article VIII, the provisions of Article IX, Section 4, and the
provisions of Article IX, Section 5, are stayed as stated in the Order.,
For the National Industrial Recovery Board :
W. A. Haekiman,
Administrative Offtceri.
November 14, 1934.
SUPPLEMENTAEY CODE OF FAIR COMPETITION FOR
THE CEREAL MACHINERY INDUSTRY
A DIVISION or THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
Article I — Purposes
To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a Supple-
mental Code of Fair Competition for the Cereal Machinery Subdivi-
sion of the Machinery and Allied Products Industry, and together
with the Code of Fair Competition for the Machinery and Allied
Products Industry, shall be the standard of fair competition for this
Subdivision, and shall be binding on every employer therein.
Article II — Definitions
(a) ''^Applicant " means the Cereal Machinery Association, a trade
organization, all members of which are engaged in the manufacture
for sale of the products of the Cereal Machinery Subdivision of the
Machinery and Allied Products Industry.
(b) " Industry " means the Machinery and Allied Products In-
dustry, as defined in its Code of Fair Competition as approved by
the President on March 17, 1934, and as such definition may from
time to time be amended.
(c) " Subdivision " means the Cereal Machinerj?^ Subdivision of
the Machinery and Allied Products Industry as defined and set forth
in paragraph five (5) Article II of the Code of Fair Competition
for the Machinery and Allied Products Industry as follows :
(d) " Cereal Machinery /Subdivision " as used herein, is defined to
mean the engineering, designing, manufacturing, and/or importing
and assembling for sale of machiner;^ (including spare, repair and
replacement parts thereof) for reduction, cleaning, roasting, drying,
cooling, separating, mixing and flaking as used in the manufacture
and processing of cereals, seeds and nuts and/or their by-products
and includes supplies and/or equipment directly incident thereto and
also includes grinding and corrugating of mill rolls (excluding ma-
chinery and/or equipment for extracting vegetable oils, hammer
mills, machinery as sold for use on farms, machinery and/or equip-
ment or parts therefor having a general application and use for
purposes other than the uses hereinabove enumerated) and includes
all persons so engaged.
(e) '■'•Code'''' means the Code of Fair Competition for the Ma-
chinery and Allied Products Industry, as approved by the President,
March IT, 1934, and as from time to time amended.
(f ) " Person " means a natural person, a partnership, a corpora-
tion, an association, a trust, a trustee, a trustee in bankruptcy, a
receiver or other entity.
(470)
471
(g) " Employer " means any person engaged in this Subdivision
either on his own behalf or as an employer of labor.
(h) '■''Employee " means any one who is employed in the Subdivi-
sion by any such Employer.
(i) " The Act " means Title I of the National Industrial Recovery
Act.
( j ) " The President " means the President of the United States.
• ~ (k) " Board " means the National Industrial Recovery Board or
its successor in office.
(1) '"''Basic Code Authority'^'' means the Code Authority for the
Machinery and Allied Products Industry as constituted by the Code.
(m) " Code Authority " means the Code Authority constituted for
this Subdivision as provided by the Code and by this Supplemental
Code.
(n) " Group Code Authority " means the Code Authority for any
group or product classification within this Subdivision.
(o) " Publish " means to make available to the public.
Article III — Employment Provisions
The following Articles of the Code, viz : Article III, " Working
Hours"; Article IV, "Wages"; and Article V, "General Labor
Provisions " are hereby made a part of this Supplemental Code,
with the same effect as if thev were written into this Supplemental
Code.
Article IV — Adoption of Other Provisions of Code
The following Articles of the Code, viz : Article II, " Definitions " ;
Article VI, 'Administration ", to the extent that they shall be ap-
plicable to this Supplemental Code as such or as it may hereafter be
administered as an autonomous Code; Article VIII, "Modifications
and Termination"; and Article IX, "Withdrawal"; are hereby
made a part of this Supplemental Code, with the same effect as if
they were written into this Supplemental Code.
Article V — Administration
(a) A Code Authority for this Subdivision is hereby constituted
to administer, supervise and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent pro-
vided in the Code and in this Supplemental Code.
(b) During the period not to exceed sixty (60) days following the
effective date of this Supplemental Code, the code ccinmittee of the
Applicant shall constitute a temporary Code Authority. The
Board, in its discretion, may appoint one additional member (with-
out vote and without expense to this Subdivision).
(c) This Subdivision, having held an election for permanent Code
Authority under the provisions of the Code of Fair Competition for
the Machinery and Allied Products Industry, the Code Authority so
elected shall constitute the first permanent Code Authority for tliis
Subdivision if this method of election meets with the approval of the
Board. If this method of election does not meet with the approval
of the Board then the provisions hereinafter provided shall apply
472
for the election of the first permanent Code Authorit3^ For elections
after the first, the provisions of this Code for election of a permanent
Code Authority shall apply.
(d) The Applicant shall, by at least twenty (20) days written
notice mailed to all employers whose name Applicant has learned
after reasonably diligent search, call a meeting of employers to be
held within sixty (60) days after the effective date for the purpose
of adopting procedural rules and regulations for the election, organi-
zation and operation of the permanent Code Authority and electing
a permanent Code Authorit}^ which shall consist of not less than five
(5) nor more than nine (9) members. The Board may, in its discre-
tion, appoint one additional member (without vote and without ex-
pense to the Industry). The permanent Code Authority so elected
and appointed shall supersede the temporary Code Authority.
(e) It being found necessary in order to support the Administra-
tion of this Supplemental Code and to maintain the standards of
Fair Competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized :
(1) To incur such reasonable obligations as are necessary
and proper for the foregoing purposes, and to meet such obli-
gations out of funds which may be raised as hereinafter pro-
vided and which shall be held in trust for the purpose of the
Supplemental Code;
(2) 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 fore-
going purposes, and (2) an equitable basis upon which the
funds necessary to support such budget shall be contributed
by employers of the Subdivision ;
(3) After such budget and basis of contribution have been
approved b}^ the Board, to determine and obtain equitable
contribution as above set forth by all employers of the Subdi-
vision, and to that end, if necessary, to institute legal proceed-
ings therefor in its own name.
(f ) Each employer of the Subdivision 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 Board. Only employers
of the Subdivision complying with the Supplemental Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such contributions, shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary' activities
or to make use of any emblem or insignia of the National Recovery
Administration.
(g) 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 Board;
and no subsequent budget shall contain any deficiency item for ex-
pendi/.ures in excess of prior budget estimates except those which the
Board sliall have so approved.
(h) Action by employers in any Subdivision meeting for the elec-
tion of Code Authority shall be by vote of the employers entitled to
473
vote as provided in Sections (e), (f), (g) of this Article V, and who
are present in person or by proxy, or who have voted by mail ballot,
each such employer to have one vote only. Action by employers in
any Subdivision meeting for the adoption of procedural rules, revi-
sions or additions to the Supplemental Code, or the transaction of
other business of the Subdivision under this Supplemental Code,
shall be by vote of the employers in the Subdivision who are entitled .
to vote thereat as provided in Sections (e), (f), (g) Article V of the
Supplemental Code and are present in person or by proxy, or who
have voted by mail ballot, duly executed and filed with Code Au-
thority; cast and computed in the manner provided in Section (d)
Article VI of the Code. All questions as to the number of votes
which each employer shall be entitled to cast at any meeting of the
employers other than the meeting held to vote for the election of the
permanent Code Authority shall be determined by Code Authority,
in accordance with Section (d) Article VI of the Code.
(i) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for adminis-
trative purposes. There shall be a Group Code Authority approved
or appointed by Code Authority for each such group.
(j) If formal complaint is made to Code Authority that provi-
sions of this Supplemental Code have been violated by any employer,
Code Authority or the proper Group Code Authority ma}' to the ex-
tent permitted by the Act, cause such investigation or audit to be
made, as may be deemed necessary. If such investigation is made
by Group Code Authority it shall report the result of such investiga-
tion or audit to Code Authority for action.
(k) The Code Authority may appoint a Trade Practice Commit-
tee which shall meet with the Trade Practice Committees appointed
under such other Codes as may be related to the Subdivision, for the
purpose of formulating fair trade practices to govern the relation-
ships between production and distribution employers under this Sup-
plemental Code and under such others to the extent that such fair
trade practices may be proposed to the Board as amendments to this
Supplemental Code and such other Codes.
Article VI — Accounting and Costing
The Code Authority may cause to be formulated an accounting
system and methods of cost finding and/or estimating capable of use
by all employers of the Subdivision. After such system and methods
have been formulated, full details concerning them shall be made
available to all employers. Thereafter all employers shall determine
and/or estimate costs in accordance with the principles of such
methods.
Article VII — Selling Below Reasonable Cost
Section 1. Wlien the Code Authority determines that an emer-
gency exists in this Subdivision and that the cause thereof is de-
structive price-cutting such as to render ineffective or seriously en-
danger the mainte7iance of the provisions of this Supplemental Code,
the Code Authority may cause to be determined the lowest reasonable
107954— .3.5 26
474
cost of the products of this Subdivision, such determination to be
subject to such notice and hearing as the Board may require. The
Board may approve, disapprove, or modify the determination.
Thereafter, during the period of the emergency, it shall be an unfair
trade practice for any employer of the Subdivision to sell or offer to
sell any product of the Subdivision for which the lowest reasonable
cost has been determined at such prices or upon such terms or con-
ditions of sale that the buj^er will pay less therefore than the lowest
reasonable cost of such products.
When it appears that conditions have changed, the Code Author-
ity, upon its own initiative or upon the request of any interested
party, shall cause the determination to be reviewed.
Section 2. The foregoing Section (1) shall not apply to (a)
dropjDcd lines, or (b) seconds, or (c) inventories which must be con-
verted into cash to meet emergency needs, all of which may be
disposed of by any emplo3'er, at an}'^ price and on any terms or con-
ditions, but only if such emi^loj'er, not less than two weeks before
such proposed disposal, has filed with Code Authority a statement
in writing setting forth the facts of, and reasons for, such proposed
disposal and the price and terms and conditions of sale. Notice
of such disposal shall be sent immediately to all employers manu-
facturing products of equivalent design, character, quality or speci-
fications, who may sell such products at prices and on terms and
conditions as favorable as those stipulated in the proposed disposal,
when meeting the competition of such proposed disposal.
Section 3. The foregoing Section (1) shall not apply to a sale
made in order to meet competition on products manufactured out-
side the United States. For such disposal, any emploj'^er may sell
at prices and on terms and conditions as favorable as those of the
competing foreign product, but only if he has first reported to the
Code Authority his intention so to sell, and the facts as to the com-
petition which justifies such action.
Article VIII ^ — Price Lists
(a) If and when Code Authority determines that in anj^ group
of the Subdivision it has been the generally recognized practice
to sell a specified product on the basis of net price lists, or price
lists with discount sheets, and terms of sale and payment, each em-
ployer engaged in the manufacture and/or importing of such prod-
uct shall, within ten (10) days after notice of such determination,
file with Code Authority a net price list, or a price list with dis-
count sheet, as the case may be, individually prepared by him,
showing his current prices, or prices and discounts, and terms of sale
and payment for such specified product, and Code Authority shall
immediately publish and send copies thereof to all known employers
who are cooperating under this Supplemental Code as described
in Article V (e), (f), (g) and engaged in the manufacture and/or
im])orting of such specified product.
Revised price lists and/or discount sheets and/or terms of sale
and payment may be filed from time to time thereafter with the
^ See paragraph 2 (1) of order approving this Code.
475
Code Authority by any such employer, to become operative upon
the date specified therein, but such revised price lists and/or dis-
count sheets and/or terms of sale and payment shall be filed with
the Code Authority ten (10) days in advance of the operative
date. Copies thereof, with notice of the operative date specified,
shall be immediately published and sent to all employers cooperating
under this Supplemental Code as described in Article V (e), (f),
(g), any of whom may file, if he so desires, revisions of his price
lists and/or discount sheets and/or terms of sale and payment,
which shall become effective upon the date when the revised price
list and/or discount sheets and/or terms of sale and payment first
filed shall go into effect.
(b) If and when Code Authority shall determine that in any
group of the Subdivision not now selling its product on the basis
of price lists, with or without discount sheets, and terms of sale
and payment, the distriution or marketing conditions in the group
are the same as, or similar to. the distribution or marketing con-
ditions in a group where the use of price lists, with or without dis-
count sheets and terms of sale and payment is well recognized, and
that a system of selling on net price lists or price lists with discount
sheets and terms of sale and payment for such specified product
should be put into effect in such group, then each employer in such
group shall within twenty (20) days after notice of such determina-
tion, file with Code Authority net price lists or price lists with
discount sheets, and terms of sale and payment, showing his prices,
and discounts and terms of sale and payment, and such price lists
and/or discount sheets and/or terms of sale and payment may be
thereafter revised in the manner hereinbefore provided. Provided
that Code Authority shall make no determination to place any prod-
uct of the Subdivision (not now on a price list basis) on a price
list basis, as provided in this Section unless affirmative consent to
such determination is given by a two-thirds (%) vote of employers
who are at that time cooperating under this Supplemental Code as
described in Article V (e), (f), (g), and are engaged in manu-
facturing and/or importing of such product. The eligibility re-
quirements, method, and effect of such voting shall be the same as is
provided by Article V.
(c) If and when Code Authority, with the affirmative consent
given by a two-thirds (%) vote of the employers who are at that
time cooperating under the Supplemental Code as described in Ar-
ticle V, shall determine that it is undesirable to continue the filing
of net price lists and/or price lists with discount sheets and/or
terms of sale and payment on any product in respect of which such
filing has theretofore been required, such filing shall cease and the
provisions of this Article shall not apply to such product unless and
until Code Authority shall again determine that such filing be made.
(d) No employer shall sell directly or indirectly, by any means
whatsoever, any product of the Subdivision covered by provisions
of this Article VIII at a different price, or on more favorable terms
of sale and payment, than those provided in his own current net
price lists, or price lists and discount sheets, and terms of sale and
payment except as provided in Article VII.
476
Article IX — Tkade Practices
Each of the following acts and practices is deemed to be inimical
to the best interests of the Subdivision, and of the public, and each is,
therefore, hereby declared to be, and to constitute, an unfair method
of competition, and is prohibited, viz :
1. No employer shall secretly offer or make any paj^ment or allow-
ance of a rebate, refund, commission, credit, unearned discount or
excess allowance, whether in the foriu of money or otherwise, nor
shall an employer of the Subdivision secretly offer or extend to any
customer any special service or privilege not extended to all cus-
tomers of the same class, for the purpose of influencing a sale.
2. No emplover 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 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 emploj^er, principal or party. This provision shall not be con-
strued to prohibit free and general distribution of articles commonly
used for advertising except so far as such articles are actually used
for commercial bribery as hereinabove defined.
3. No employer shall publish advertising (whether printed, radio,
display or of any other nature), which is misleading or inaccurate
in any material particular, nor shall any employer in any way mis-
represent 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.
4. No employer shall evade the provisions of this Code by selling
to or through any distributor who does not agree to complv with
Articles VIII and IX of this Code.-
5. No employer shall take used equipment in trade on the pur-
chase price of new equipment nor make allowances or grant credit,
directly or indirectly, for used equipment : provided, however, that
in any subdivision for which there may be a Sub-Code Authority
approved or appointed by the Code Authority in accordance with
the provisions of Section (i) Article V hereof, the employers who
are members of such subdivision may take such used machinery
or equipment in trade on the purchase price of new machinery or
equipment in accordance with a standard metliod of appraisal
approved by such group Code Authority."
6. A uniform standard of ])ractice covering " sales of products
when including installations " may be established b}' any group in
the industry, provided that such standard of practice shall receive
the affirmative vote of at least two-thirds of the employers in such
group and shall be approved by the Code Authority and the Board.
Wlien such a standard of practice shall have been so established by
a group and so approved, no employer in that group shall contract
with ]:)urchasers for the furnishing and installing of equipment de-
signed, manufactured, assembled or offered for sale bv such em-
2 See paraKraphs 2 i'J) of ordiT approving tliis Code.
' Seo paragraph 2 (:%) of order approving tliis Code.
477
ployers, except in aci-ordance with such standards, provided, how-
ever, that in connection with contracts with State or Federal Agen-
cies such forms may be used as the State or Federal xA-gencies may
determine.
Article X — Sales for Export
The provisions of this Supplemental Code concerning pricing and
marketing shall not apply to direct export sales of any product or
to sales of any product destined ultimately for export. The term
•' export " shall include all shipments to all places without the sev-
eral States of the United States and the District of Columbia ; pro-
vided, hoAvever, that no shipment to any territory or possession of the
United States shall be considered an export when any employer
is engaged in the Subdivision in such territory or possession.
Article XI — ]\Iodificatioxs
(a) This Supplemental 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.
(b) Any amendments, additions, revisions, or supplements of this
Supplemental Code, proposed by Code Authority, and authorized
by the affirmative vote of two-thirds (%) of the employers shall be
in full force and effect upon approval by the Administrator. The
eligibility requirements, method and etFect of such voting shall be
the same as provided by Article V hereof.
Article XII — Monopolies
Xo provision of this Supplemental Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, op-
press, or discriminate against small enterprises.
Article XIII — Effective Date
This Supplemental Code shall become effective and binding on all
persons engaged in the Subdivision on the eleventh (11th) day after
its approval by the President.
Approved Code No. 347 — Supplement No. 44.
Registry No. 1399-56.
Approved Code No. 84 — Supplement No. 55
SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE
ARCHITECTURAL, ORNAMENTAL, AND MISCEL-
LANEOUS IRON, BRONZE, WIRE AND METAL
SPECIALTIES MANUFACTURING INDUSTRY
As Approved on November 20, 1934
ORDER
Approm:ng Supplementary Code of Fair Competition for the
Architectural, Ornamental, and Miscellaneous Iron, Bronze,
Wire and Metal Specialties 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, and in accordance with the
provisions of Section 1 of Article VI of the Basic Code for the
Fabricated Metal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved November 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Architectural,
Ornamental, and Miscellaneous Iron, Bronze, Wire and Metal Spe-
cialities Manufacturing Industry; and hearing having been duly
held thereon; and the annexed report on said Supplementary Code
containing findings with respect thereto, having been made and di-
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise; does hereby incorporate
by reference said annexed report and does find that said Supple-
mentary Code complies in all respects with the pertinent provi-
sions and will promote the policy and purposes of said Title of said
Act, and does hereby order that said Supplementary Code of Fair
Competition be and it is hereby approved.
National Industrial Recovery Board,
By W. A. Harriman, Administrative Officer.
Approval recommended :
KiLBouRNE Johnston,
Acting Division Administrator.
Washington, D. C,
November 20, 193If.
(479)
REPORT TO THE PRESIDENT
The Peesident,
The White House.
Sir: This is a report on the Supplementary Code of Fair Com-
petition for the Architectural, Ornamental, and Miscellaneous Iron,
Bronze, Wire and Metal Specialties Manufacturing Industry, a
Division of the Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating Industry, the hearing having
been conducted thereon in Washington, D. C, May 8, 1934, in ac-
cordance with the provisions of Title I of the National Industrial
Recovery Act.
GENERAL STATEMENT
The Architectural, Ornamental, and Miscellaneous Iron, Bronze,
Wire, and Metal Specialties Manufacturing Industry, being truly
representative of this division of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry,
has elected to avail itself of the option of submitting a Supple-
mentary Code of Fair Competition, as provided for in Section 1
of Article VI of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry,
approved by you on the Second day of November, 1933.
RESUME or THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately clefines specific terms employed in the Sup-
plementary Code.
Article III. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of its Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplementary
Code.
Article IV establishes a Supplementary Code Authority consisting
of twenty-five (2'5) members to be elected by the members of the
Industry at a meeting called by the Temporary Supplementary Code
Authority, and gives the National Industrial Recovery Board the
authority to appoint one additional member without vote and
provides machinery for obtaining statistics and the administration
of the Supplementary Code.
Article V provides for the formulation of an accounting system
for determining allowable cost.
Article VI provides means for preventing destructive price cutting.
Article VII provides for the filing of prices for products of the
Industry.
Article VIII sets forth the unfair trade practices of this Supple-
mentary Code avoidance of which is especially designed to offset
unfair competition in this division of the Industry.
(480)
481
Article IX contains the mandatory provisions contained in Section
10 (b) of the Act and also provides for the submission of proposed
amendments to the Supplementary Code.
Article X provides against monopolies and monopolistic practices.
Article XI recognizes that price increases be limited to actual
additional increases in the seller's costs.
Article XII states the effective date of this Supplementary Code.
FINDINGS
The Assistant Dej)uty Administrator in his final report to us on
said Supplementary Code having found as herein set forth and on
the basis of all the proceedings in this matter :
We find that :
(a) Said Supplementary Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organi-
zation of industry for the purposes of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industr3^ normally employs not more than fifty thou-
sand employees; and is not classified by us as a major Industry.
(c) The Supplementary Code as approved complies in all re-
spects with the pertinent provisions of said Title of said Act, in-
cluding without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, and Subsection (b) of Section 10 thereof; and that
the applicant group is an industrial group truly representative of
the aforesaid Industry.
(d) The Supplementary Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Supplementary Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to dis-
criminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Supplementary Code.
For these reasons, therefore, We hereby rcommend the approval
of this Supplementary Code.
For The National Industrial Recovery Board :
W. A. Harriman,
Adnmiistrative Officer.
November 20, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE ARCHITECTURAL, ORNAMENTAL, AND MISCEL-
LANEOUS IRON, BRONZE, WIRE AND METAL SPE-
CIALTIES MANUFACTURING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
Article I — Purposes
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Supple-
mentary Code of Fair Competition for the Architectural, Orna-
mental, and Miscellaneous Iron, Bronze, Wire, and Metal Specialties
Manufacturing Industry, pursuant to Article VI of the Basic Code
of Fair Competition for the Fabricated Metal Products Manufactur-
ing and Metal Finishing and Metal Coating Industry, approved by
the President of the United States on the second day of November,
1933, and the provisions of this Supplementary Code shall be the
standards of fair competition for the Architectural, Ornamental and
Miscellaneous Iron, Bronze, Wire and Metal Specialties Manufactur-
ing Industry and shall be binding upon every member thereof.
Article II — Definitions
Section 1. The term " The Architectural, Ornamental, and Mis-
cellaneous Iron, Bronze, Wire, and Metal Specialties Manufacturing
Industry " hereafter referred to as " The Industry ", is defined to
mean the manufacturing and processing for sale — as well as contract-
ing for manufacturing, furnishing and/or installing, repairing, or
servicing — of ferrous and non-ferrous metal products including alu-
minum, in or on any building or structure, but not including ferrous
and non-ferrous metals becoming a part of the manufactured prod-
ucts of another industry, nor such functions of erection or installing
as are subject to other codes which have been approved by the Presi-
dent or which may be so approved.
Section 2. The term " Member of the Industry " as used herein
includes, but without limitation, an}^ 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 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 " emploj^er " as used herein includes anyone
by whom such employee is compensated or employed.
Section 5. The terms "Act " and " National Industrial Recovery
Board " as used herein mean respectively, Title I of the National
(482)
483
Industrial Recovery Act, and the National Industrial Recovery
Board.
Section 6. The term " President " as used herein means the Presi-
dent of the United States.
Section 7. The term " Basic Code " as used herein means the Basic
Code of Fair Competition for the Fabricated Metal Products Manu-
facturing and Metal Finishing and Metal Coating Industry, ap-
proved by the President of the United States on the 2nd day of
November, 1933.
Section 8. The term " Supplementary Code Authority " as used
herein shall mean the agency which is to administer this Supple-
mentary Code, as hereinafter provided.
Section 9. The term " Supplementary Code Committee " as used
herein is defined to mean the Committee elected by the Thirty-three
(33) Associations and trade groups submitting this Supplementary
Code.
Section 10. The term " District " as used herein shall mean one of
the twelve (12) Federal Reserve Districts.
Section 11. The term "Regional Code Authority" as used herein
shall mean that administrative body which is set up in accordance
with the provisions of subsection (d) of Section 1 of Article IV of
this Supplementary Code.
Article III — Employment Provisions
The Industry is a division of the Fabricated Metal Products Man-
ufacturing and Metal Finishing and Metal Coating Industry, and
without limitation the wage, hour, and labor provisions in Article
III of its basic code as approved by the President, November 2, 1933,
including Section I 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 Supplementary Code, are specifically
incorporated herein and made a part hereof as the wage, hour, and
labor provisions of this Supplementary Code.
Article IV — Organization and Administration
Section 1. During the period not to exceed sixty (60) days follow-
ing the effective date of this Supplementary Code, the Supplemen-
tary Code Committee shall constitute a temporary Supplementary
Code Authority until the Supplementary Code Authority is elected.
There shall be constituted within the sixty (60) day period a Sup-
plementary Code Authority consisting of twenty-five (25) members
to be nominated and elected by the members of the Industry at a
meeting or meetings called by the temporary Supplementary Code
Authority, upon fifteen days' notice sent by registered mail to all
members of the Industry, whose names may be ascertained after
diligent search, who may vote either in person or by proxy or by
letter ballot. The members of the Supplementary Code Authority
first elected shall serve until the following annual meeting of the
members of the Industry or until their successors shall have been
elected and, thereafter, members of the Supplementary Code Author-
ity shall be elected at each annual meeting. The members of the
484
Supplementary Code Authority'' shall be elected in the following
manner :
(a) Four members, one of whom shall be a manufacturer of iron
work, one of bronze work, one of wire work and one of metal special-
ties, who shall be members of the Industry, to be nominated and
elected by a majority vote of all members of the Industry present
in person or by proxy or by letter ballot, each member to have one
vot«.
(b) Four members, one of whom shall be a manufacturer of iron
work, one of bronze work, one of wire work and one of metal spe-
cialties, who shall be members of the Industry to be nominated and
elected by a majority vote of all members of the Industry' present
in person, or by proxy, or by letter ballot weighted on the following
basis :
(1) One vote for each member of the Industry and one additional
vote thereto for each $25,000.00 of annual net sales covering the
products of the Industry in the previous calendar year reported to
the Supplementar}' Code Authority; provided, however, that no
one member may cast more than fifteen (15) per cent of the total
number of votes cast.
(c) One member, wdio is a member of the Industry and a non-
member of any Association or Trade Group, to be nominated and
elected by a majority vote of all members of the Industry present
in person, or by proxy, or by letter ballot who are non-members of
any Association or Trade Group, each non-member to have one vote.
(cl) Sixteen members who shall be members of the Industry to be
elected as follows :
(1) The United States, including Puerto Rico, Alaska and Hawaii
shall be divided into twelve Districts, such divisions to conform
with the twelve Federal Reserve Districts as now constituted, and
the sixteen members shall be selected from such Districts, each
District to have one member except Districts 2, 3, 4 and 7 which
shall have two members each and no more. The members from the
respective Districts shall be chosen in the following manner :
(2) Within sixty days after the effective date of this Supple-
mentar}^ Code, the temporary Supplementary Code Authority shall
charge a particular member or group of members of the Industry
located and operating in the particular Federal Reserve District
w^ith the duty of calling a meeting of the members of the Industry
located and operating in such District, such meeting to be held iu
accordance with the provisions of Section 1 hereof as to notice, and
at such District meeting the members of the Industry shall nomi-
nate and elect a member of the Industry who shall be their repre-
sentative on the Supplementary Code Authority, provided that the
number of members to be nominated and elected in Districts 2, 3, 4
and 7 shall be two.
(3) In addition, the members of the Industry- at each District
meeting shall elect a Regional Code Authority consisting of four
members, one of whom shall be a manufacturer of bronze work, one
of wire work, one of iron work and one of metal specialties, pro-
vided there are such manufacturers located and operating in the
particular District. The member of each Supplementarj^ Code Au-
thority elected at the District meeting shall be an ex-officio member
and Chairman of the Regional Code Authority except in Districts
485
2. 3, 4 and 7; the member securing the largest number of votes in
each of these Districts shall be declared the ex-officio member and
Chairman of the Regional Code Authority. At such District meet-
ings all member of the Industry, present in person or by proxy or
letter ballot, shall be entitled to vote, which vote shall be weighted
as follows :
(4) One vote for each member of the Industry and one vote addi-
tional thereto for each $25,000 of annual net sales for the previous
calendar year reported to the temporary Supplementary Code Au-
thority or to the particular member or group of members of the
Industry charged with the conduct of the District Industry meet-
ings : provided, however, that no one member may cast more than
fifteen per cent of the total number of votes cast. Thereafter, the
members of the Supplementary Code Authority and the Regional
Code Authorities as required by this Subsection (d) shall be elected
at annual meetings of the members of the Industry in the particular
Districts in accordance with the provisions of this subsection.
(5) In the event the Non- Association of Trade Group members
fail to elect the member of the Supplementary Code Authority as
required in Subsection (c) of this Section, the Supplementary Code
Authority, as at the time constituted, shall submit to the National
Industrial Recovery Board the names of five such members of the
Industry and the National Industrial Recovery Board shall appoint
the Non-Association member of the Supplementary Code Authority
from such submitted list.
(6) In the event any or all of the members of the Industry lo-
cated in any or all of the Geographical Districts mentioned in
Subsection (d) of this Section fail to elect their representative on
the Supplementary Code Authority and their Regional Code Au-
thority, the Supplementary Code Authority, as at that time con-
stituted, shall submit a list of five names of members of the Industry
located and operating in the particular District to the National
Industrial Recovery Board and the National Industrial Recovery
Board shall select from such submitted list the allotted number of
members of the Industry to represent the particular District on
(he Supplementary Code Authority. In addition, the Supplemen-
tary Code Authority, as at that time constituted, shall appoint the
Regional Code Authority of four members of the Industry located
and operating in the particular District, which Regional Code Au-
thority shall be constituted the same as though specifically elected
by the members of the Industry in the particular District.
(7) A vacancy occurring in the Supplementary Code Authority
shall be filled by a majority vote of the remaining members of the
Supplementary Code Authority; provided, however, that the vacancy
to be filled shall be subject to the classifications of membership both
Geographical and Industrial as set forth in Subsections (a), (b),
(c) and (d) of this Section.
(8) A vacancy occurring in any Regional Code Authority shall
be filled by a majority vote of the remaining members of the Re-
gional Code Authority; provided, however, that the vacancy to be
filled shall be subject to the classifications of membership as set
forth in paragraph (3) of subsection (d) of this Section.
486
(9) In addition to the members provided for above, the National
Industrial Recovery Board may appoint a member of the Supple-
mentary Code Authority to be known as the Administration Mem-
ber, who shall serve without vote and without expense to the Indus-
try. The Administration Member together with the National Indus-
trial Recovery Board shall receive notice of and may attend all
meetings o'f the Supplementary Code Authority and/or the Regional
Code Authority.
Section 2. An}^ trade association directly or indirectly participat-
ing in the selection or activities of the Supplementary 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 mem-
bership, organization, and activities as the National Industrial Re-
coverv Board may deem necessary to effectuate the purposes of the
Act. ■
Section 3. In order that the Supplementary Code Authority shall,
at all times, be truly representative of the Industry and in other
respects comply with the provisions of the Act, the National Indus-
trial Recovery Board may prescribe such Hearings as it may deem
jDroper ; and, thereafter, if it shall find that the Supplementary Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require removal of any
or all of the members thereof and may make an appropriate modi-
fication of modifications of the Supplementary Code Authority.
Section 4. (a) It being found necessary in order to support the
administration of this Supplementary Code and to maintain the
standards of fair competition established hereunder and to effectuate
the policy of the Act. the Supplementary Code Authority is author-
ized :
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which shall
be held in trust for the purposes of the Supplementary Code ;
(2) To submit to the 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 ;
(a) After such budget and basis of contribution have been ap-
jDroved 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 Supplementary
Code Authority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the National In-
dustrial 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 suck
487
contributions, shall be entitled to participate in the selection of mem-
bers of the Supplementary Code Authority or to receive the benefits
of any of its voluntary activities or to make use of any emblem or
insignia of the National Recovery Administration.
(c) The Supplementary Code Authority shall neither incur nor
pay any obligation 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 for expenditures in
excess of prior budget estimates except those which the National
Industrial Recovery Board shall have so approved.
Section 5. Nothing contained in this Supplementary Code shall
constitute the members of the Supplementary Code Authority part-
ners for any purpose. Nor shall any members of the Supplementary
Code Authority be liable in any manner to anyone for any act of
any other member, officer, agent or employee of the Supplementary
Code Authority. Nor shall any member of the Supplementary Code
Authority, exercising reasonable diligence in the conduct of his
duties hereunder, be liable to anyone for any action or omission to
act under this Supplementary Code, except for his own willful
malfeasance or non-feasance.
Section 6. The Supplementary Code Authority shall also from
time to time furnish to the Basic Code Authority, designated in said
Basic Code, such information as may be required to be furnished
under the terms of said Basic Code.
Section 7. The Supplementary Code Authority shall have the
following further powers and duties:
(a) Subject to such rules and regulations as the National In-
dustrial Recovery Board may prescribe it shall have such power as is
necessary to administer and insure the execution of the provisions
of this Supplementary Code and provide for the compliance of the
Industry with the provisions of the Act.
(b) To adopt such by-laws, rules, and regulations as are neces-
sary for its procedure and for the administration of this Supple-
mentary Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Supple-
mentary Code. In addition to information required to be sub-
mitted to the Supplementary Code Authority, members of the
Industry subject to this Supplementary 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 he may designate ; pro-
vided that nothing in this Supplementary Code shall relieve any
member of the Industry of any existing obligations to furnish re-
ports to any Government agency. No individual report shall be dis-
closed to any other member of the Industry or any other party
except to such other Governmental agencies as may be directed by
the National Industrial Recovery Board,
(d) To appoint within one month after the effective date of this
Supplementary Code a Committee so constituted as to give Consumer
and Governmental representation satisfactory to the National Indus-
trial Recovery Board ; to make a study Avith a view to the establish-
488
ment of classifications and standards of size, quality and/or perform-
ance 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 within six (6)
months after the effective date of this Supplementary Code and
after such hearings and investigation as it may designate and upon
approval by it shall be made a part of this Supplementary Code and
be binding upon each member.
(e) To make recommendations to the National Industrial Recov-
ery Board for the coordination of the Administration of this Supple-
mentary Code with such other codes, if any, as may be related to or
affect the members of the Industry.
(f ) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Supplementary Code and under
such others to the end that such fair trade practices may be proposed
to the National Industrial Recovery Board as amendments to this
Supplementary Code and such other codes.
(g) To delegate to tne various Regional Supplementarj' Code
Authorities such of its powers and duties as it may prescribe or
designate, provided, however, that such delegation shall not relieve
the Supplementary Code Authority of its duties or responsibilities,
and that it shall apply to the exercise of the powers and duties of
the Supplementary Code Authority only in the particular District.
(h) To authorize and empower Regional Code Authorities, or
other such Agencies as it may designate, to install a method of check-
ing quantity computations before the opening of competitive bids
and competitive bids after the opening of such bids and when such
authorization is granted to require such Regional Code Authority or
Agency to designate a depository, or to use such other method as may
be approved by the Supplementary Code Authority.
(i) To use such trade associations and/or 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 Supple-
mentary Code Authority of its duties or responsibilities under this
Supplementary Code, and that such trade associations and agencies
shall at all times be subject to and comply with the provisions hereof.
Section 8. If the National Industrial Recovery Board believes
that any action of the Supplementary Code Authority or any agency
thereof is unfair or unjust or contrary to the public interest, the Na-
tional Industrial Recover}^ Board may require that such action be
suspended to afford an opportunity for investigation of the merits of
such action. Further action by such Supplementary Code Authority
or agency regarding the matter complained of may be taken if ap-
proved bj'^ the National Industrial Recovery Board within thirty
days of notice to it of intention to proceed with such action.
Section 9. Every employer shall })rovide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be submitted by the
Supplementary Code Authority to the National Industrial Recovery
489
Board within three months after the effective date of the Supple-
mentary Code.
Article V — Cost Finding and Accounting
Section 1. Cost Finding. — The Supplementary Code Authority
shall cause to be formulated methods of cost finding and accounting
capable of use by all members of the Industry, and shall submit
such methods to the National Industrial Recovery Board for re-
view. If ajDproved 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 Supple-
mentary Code Authority, any agent thereof, or any member of the
Industry to suggest uniform additions, percentages or differentials
or other uniform items of cost which are designed to bring about
arbitrary uniformity of costs or prices.
Article VI — Cost and Price Cutting
Section 1. The standards of fair competition for the Industry
with reference to pricing practices are declared to be as follows :
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industrj^ or of
any other industry or the customers of either may at any time com-
plain to the Supplementary Code Authority that any filed price
constitutes unfair competition as destructive price cutting, imperil-
ing small enterprise or tending toward monopoly or the impar-
ment of code wages and working conditions. The Supplementary
Code Authority shall within five (5) days afford an opportunity to
the member filing the price to answer such complaint and shall
within fourteen (14) days make a ruling or adjustment thereon. If
such ruling is not concurred in by either party to the complaint, all
papers shall be referred to the Research and Planning Division of
the National Recovery Administration which shall render a report
and recommendation thereon to the National Industrial Recovery
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 con-
sideration should be given to costs in the determination of pricing
policies.
(c) When an emergency exists as to any given product, sales
below the stated minimum price of such product, in violation of
Section 2 hereof, is forbidden.
Section 2. Eviergency Provisions. — (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 pur-
poses of the Act; and (2) that the determination of the stated niin-
imum price for a specified product within the Industry for a limited
period is necessary to mitigate the conditions constituting such
107954 — 35 27
490
emergency and to effectuate the purposes of the Act, the Supple-
mentary Code Authority may cause an impartial agency to investi-
gate costs and to recommend to the 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 minimurai
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 pr 
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