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



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NATIONAL RECOVERY ADMINISTRATION 

NATIONAL INDUSTRIAL RECOVERY BOARD 



CODES 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 products at a net realized price below said 
stated minimum price and any such sale shall be deemed destructive 
price cutting. From time to time, the Supplementary Code Au- 
thority may recomend review or reconsideration or the National In- 
dustrial Recovery Board may cause any determinations hereunder 
to be reviewed or reconsidered and appropriate action taken. 

Article VII — Open Price 

Section 1. Each member of the Industry shall file with a confi- 
dential and disinterested agent of the Supplementary Code Au- 
thority or, if none, then with such an agent designated by the Na- 
tional Industrial Recovery Board, identified lists of all of his prices, 
discounts, rebates, allowances, and all other terms or conditions of 
sale, hereinafter in this Article referred to as " price terms ", which 
lists shall completely and accurately 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 
Supplementary Code Authorit}^ Said price terms shall in the 
first instance be filed within forty -five (45) days after the effective 
date of this Supplementary Code. Price terms and revised price 
terms shall become effective immediately upon receipt thereof by 
said agent. Immediately upon receipt thereof, said agent shall by 
telegraph or other equally prompt means, notify said member of 
the time of such receipt. Such lists and revisions, together with 
the effective time thereof, shall upon receipt be immediately and 
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 Supplementary Code Au- 
thority in the preparation and distribution thereof and be available 
for inspection by any of their customers at the office of such agent. 
Said lists or revisions or any part thereof shall not be made available 
to any person until released to all members of the Industry and 
their customers, as aforesaid; provided, that price