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. 539-543 
AS APPROVED 

DECEMBER 20, 1934-JANUARY 23, 1935 

WITH SUPPLEMENTAL CODES, AMENDMENTS, EXECUTIVE 

AND ADMINISTRATIVE ORDERS ISSUED 

BETWEEN THESE DATES 



VOLUME XX 




WE DO OUR PART 



UNITED STATES 

GOVERNMENT PniNTING OFFICE 

WASHINGTON : 1935 



^^.OIT 






MAY ^6 1939 






Cterie^ to eredit mxi 
with Sopt. of Oocumente 



CONTENTS 



Code 

No. 



Industry 



Date 
approved 



539 
540 
541 
542 
543 



CODES OF FAIR COMPETITION 

Baking Industry in Puerto Rico 

Retail Meat Trade 

Flat Glass Manufacturing 

Used Machinery and Equipment Distributing Trade 
Motor Vehicle Maintenance Trade 



12-21-34 

12-21-34 

12-22-34 

1-10-35 

1-18-35 



Industry 



AMENDMENTS 

Cap and Closure, No. 1 

Electric Storage and Wet Primary Battery, No. 2 

Toll Bridge, No. 1 1 

Corset and Brassiere, No. 2 

Used Textile Machinery and Accessories Distributing Trade, 

No. 1 

Candle Manufacturing Industry and the Beeswax Bleachers 

and Refiners, No. 1 

Lace Manufacturing, No. 3 

Cotton Converting, No. 1 (A Division of Cotton Textile) 

Coal Dock, No. 1 - 

Undergarment and Negligee, No. 2 

Women's Belt, No. 2 

Locomotive Manufacturing, No. 2 (A Division of Machinerj- 

and Allied Products) 

Retail Trade, No. 8 

Dress Manufacturing, No. 4 

Clay Drain Tile Manufacturing, No. 1 

Warm Air Register, No. 2 

Bituminous Coal, No. 5 

Lumber and Timber Products, No. 27 

Watch Case Manufacturing, No. 2 

Beauty and Barber Equipment and Supplies Trade, No. 2 

(A Division of Wholesaling or Distributing Trade) 

Cocoa and Chocolate Manufacturing, No. 1 

Funeral Service, No. 3 

Fur Dealing Trade, No. 3 

Construction, No. 6 

Transparent Materials Converters, No. 1 

Lumber and Timber Products, No. 28 

Pleating, Stitching, and Bonnaz and Hand Embroidery, No. 2- 

Stone Finishing Machinery and Equipment, No. 1 

Textile Processing, No. 6 

Wholesale Stationery Trade, No. 2 (A Division of Wholesaling 

or Distributing Trade) 

Wood Floor Contracting, No. 1 (A Division of Construction) _ 

Advertising Specialty, No. 1 

Canning, No. 3 

Celluloid Button, Buckle and Novelty Manufacturing, No. 1- 

Corset and Brassiere, No. 3 

Retail Monument, No. 3 

Smoking Pipe Manufacturing, No. 1 

Cork, No. 2 

(III) 



Date 



12-20-34 
12-20-34 
12-20-34 
12-21-34 

12-21-34 

12-22-34 
12-24-34 
12-27-34 
12-28-34 
12-29-34 
12-29-34 

12-31-34 
1- 2-35 
1- 4-35 
1- 5-35 
1- 7-35 
1- 8-35 
1- 8-35 
1- 8-35 



1- 9-35 
1- 9-35 
1- 9-35 
1- 9-35 
1-10-35 
1-11-35 
1-14-35 
1-14-35 
1-14-35 
1-14-35 

1-14-35 
1-1^35 
1-15-35 
1-15-35 
1-15-35 
1-15-35 
1-15-35 
1-15-35 
1-16-35 



CONTENTS— Continued 



Industry 



AMENDMENTS— Continued 

Cutlery, Manicure Implement and Painters and Paperhangers 
Tool Manufacturing and Assembling, No. 2 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Tool and Implement Manufacturing, No. 2 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Wire, Rod and Tube Die, No. 2 

Sanitary and Waterproof Specialties Manufacturing, No. 2_. 

Household Ice Refrigerator, No. 2 

Complete Wire and Iron Fence, No. 1 (A Division of Fabri- 
cated Metal Products Manufacturing and Metal Finishing 

and Metal Coating) 

Cotton Textile, No. 12 

Dress Manufacturing, No. 5 

Dress Manufacturing, No. 6 

Earthenware Manufacturing, No. 3 

APPENDICES 

Fireplace Furnishings Manufacturing, No. 3 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Mine Tool Manufacturing, No. 4 (A Division of Fabricated 
Metal Products Manufacturing and Metal Finishing and 
Metal Coating) 



SUPPLEMENTS 

Automotive Parts and Equipment Manufacturing, No. 9, for 

Gasket Manufacturing 

Construction, No. 19, for Construction News Service 

Construction, No. 20, for Stone Setting Contractors 

Machinery and Allied Products, No. 45, for Coal Mine Load- 
ing Machine 

Machinery and Allied Products, No. 46, for Coal Cutting 

Machine 

Electrical Manufacturing, No. 3, for Wiring Device 

EXECUTIVE ORDER 

Codes of Fair Competition, Non-Waiver of Constitutional 
Rights in connection with 



ADMINISTRATIVE ORDERS 

Retail Monument, Hazardous occupations, Approving a list of 

Retail Trade in the Territory of Hawaii, Price, Fixing an 
allowance for wages of store labor to be included in the 
selling 

Sanitary and Waterproof Specialties Manufacturing, Hours of 
labor. Partial exemption relevant to 

Bicycle Manufacturing, Wages above the minimum, Modifica- 
tion of code approval relevant to 

Corset and Brassiere, Prices, Temporary stay relevant to 
Wholesale ^ 

Needlework Industry in Puerto Rico, Piece-work rates. 
Amending previously approved 

Paint, Varnisli and Lacquer Manufacturing, Costs and Losses, 

^ Approving amendment to previous approval 

(IV) 



Date 



1-16-35 



1-16-35 
1-16-35 
1-18-35 
1-19-35 



1-22-35 
1-22-35 
1-23-35 
1-23-35 
1-23-35 



12-21-34 
1- 4-35 



12-20-34 
12-20-34 
12-31-34 

1- 4-35 

1- 4-35 
1-15-35 



1-22-35 

12-20-34 

12-20-34 
12-20-34 
12-21-34 
12-22-34 
12-22-34 
12-22-34 



CONTENTS— Continued 



Industry 



Date I Page 



ADMINISTRATIVE ORDERS— Continued 

Rock and Slag Wool Manufacturing, Hours of labor, Tem- 
porary stay relevant to 

Wholesale Food and Grocery Trade, Loss Limitations Pro- 
visions, Staving the effective date of an amendment relevant 
to - , 

Hat Manufacturing, Hours and wages, Partial extension of 
stay relevant to 

Ice, Prices, Extension of the declaration of emergency and 
establishment of minimum 

Paint, Varnish and Lacquer Manufacturing, Selling below 
cost. Shellac Varnish, Stay relevant to 

Boiler Manufacturing, Trade Practices, Stay removed 

Industry Engaged in the Smelting and Refining of Secondary 
Metals into Brass and Bronze Alloys in Ingot Form, Haz- 
ardous occupations, Approving a list of 

Millinerv, Exceptions and exemptions. Extending effectiveness 
of...l 

Cotton, Silk and Wool Textile Work Assignment Boards, 
Reports, Extending time to submit 

Paint, Varnish and Lacquer Manufacturing, Costs and Losses, 
Further amendment to previous approval _ — 

Waste Paper Trade, Prices, CanceUing previous determina- 
tions of minimum net --- 

Shipbuilding and Shiprepairing, Hours of labor. Granting 
specified exemptions relevant to 

Graphic Arts, Overlapping provisions with other codes. Inter- 
pretations, modifications, etc., to eliminate, stayed 

Retail Trade in the Territory of Hawaii, Territorial adjudica- 
tion and delegation of additional power to the Deputy 
Administrator 

Candy Manufacturing, Distressed Merchandise, Approval of 
rules and regulations governing sale of 

Canvas Goods, Cost Accounting, Sales and Price Listings, 
Partial stay relevant to 

Carbon Dioxide, Written agreements with jobbers. Further 
extension of provisions requiring 

Cast Iron Soil Pipe, Hours of operation and labor, Stay rele- 
vant to 

Package Medicine, Hazardous occupations, Approving a list of. 

RetaifTrade in the Territory of Hawaii, Deputy Administra- 
tor, Delegating additional powers to the 

Retail Trade, Retail Jewelry Trade, Retail Food and Grocery 
Trade. Script, Further extension of stay of provisions rele- 
vant to 

Piece- Workers, Interpreting provisions in codes which extend 
minimum hourh' rates of pay to 

Aluminum, Trial period. Approved for a further 

Canvas Goods, Cost Accounting, Sales and Price Listings, 
Postponing partial stay relevant to — 

Retail Distribution, Establishing single assessment principle 
for establishments engaged in 

Needlework Industry in Puerto Rico, Piece-work rates. Modi- 
fying and supplementing previous change of 

Restaurant, Amendment, No. 2, Extending the effective date 
of 

Metal Tank, Hazardous occupations, Approving a list of 

Retail Tobacco Trade, Prices, Further extension of effective 
date for order determining basis for fixing minimum 

Wholesale Tobacco Trades, Prices, Further extension of basis 
of determination for fixing minimum 

(V) 



12-22-34 

12-22-34 

12-24-34 

12-24-34 

12-24-34 
12-26-34 

12-26-34 
12-26-34 
12-27-34 
12-28-34 
12-28-34 
12-29-34 
12-31-34 

12-31-34 

1- 2-35 

1- 2-35 

1- 2-35 

1- 3-35 
1- 3-35 

1- 3-35 

1- 4-35 

1- 4-35 
1- 5-35 

1- 7-35 

1- 7-35 

1- 8-35 

1- 8-35 
1- 9-35 

1- 9-35 

1- 9-35 



CONTENTS— Continued 



Industry 



Date 



ADMINISTRATIVE ORDERS— Continued 

Motor Bus, Rates, Staying provisions allowing establishment 
of minimum 

Cigar Manufacturing, Hours and wages, Temporary stay of 
provisions for bunch makers and rollers engaged in manu- 
facturing two for five cent cigars by hand relevant to — ex- 
tended 

Hatters' Fur Cutting, Effective date. Further extension of the_ 

Non-Ferrous Foundry, Prices, Allowing a differential stay on 
specified government work 

Scientific Apparatus, Cost-accounting System, Extending time 
to report on a 

Cotton Garment, Code Authority, Providing for the reorgani- 
zation of the 

Ice, Prices, Establishing a revised schedule for the Area of 
Greater New York of minimum 

Perfume, Cosmetic and Other Toilet Preparations, Hazardous 
occupations, Approving a list of 

Real Estate Brokerage, Hazardous occupations. Approving a 
list of 

Code Authorities, agents, attorneys, etc., Prescribing regula- 
tions governing removal and disqualification from service 
of 



Cotton Garment, Work Clothes Manufacturing Division, 
Terms of sale. Stay relevant to 

Cotton Textile, Hours of operation of productive machinery. 
Stay for Venetian Blind Ladder Tape looms relevant to 

Ice Cream Cone, Consumer grades and quality standards. 
Extending time to report on 

Canning, Hours of labor for Kraut Packers, Granting partial 
exemption relevant to 

Cork, Cork Insulation Manufacturers' Division, Merchandis- 
ing Plan, Approving a 

Men's Clothing, Hours and wages, Exemption for Puerto 
Rican Manufacturers relevant to 

Cut Tack, Wire Tack and Small Staple Manufacturing, Price 
lists. Temporary stay relevant to 

Drapery and Upholstery Trimming, Termination 5ate of code 
extended 

Restaurant, Amendment, No. 2, Further extension of the 
effective date of 

Retail Trade, Hours and wages. Temporary exemption allowed 
for inventory purposes relevant to 

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

Cotton Textile, Productive machinery operation. Partial stay 
relevant to 

Graphic Arts, Exemptions, Approving certain 

Electrical Manufacturing, Refrigerating Machinery, Exemp- 
tion, Temporary — for specified types of machinery 

Safety Razor and Safety Razor Blade Manufacturing, Label 
requirement. Approving temporary stay of 

Sanitary and Watei-proof Specialties Manufacturing, Prices, 
Extension of a stay relevant to publication of a schedule of 

Celluloid Button, Buckle and Novelty Manufacturing, Hours 
of operation. Temporary stay relevant to plant 

Galvanized Ware Manufacturing, Seconds, Approval of plan 
for the sale of 

Needlework Industry in Puerto Rico, Piece-work rates, Partial 
modification for a previous list of 

Index 



1-10-35 

1-11-35 
1-11-35 

1-11-35 

1-11-35 

1-12-35 

1-12-35 

1-12-35 

1-12-35 

1-14-35 

1-15-35 

1-15-35 

1-15-35 

1-16-35 

1-16-35 

1-16-35 

1-17-35 

1-18-35 

1-18-35 

1-18-35 

1-21-35 

1-22-35 
1-22-35 

1-22-35 

1-22-35 

1-22-35 

1-23-35 

1-23-35 

1-23-35 



(VI) 



CODES OF FAIR COMPETITION 



Approved Code No. 539 
CODE OF FAIR COMPETITION 

FOR THE 

BAKING INDUSTRY IN PUERTO RICO 
As Approved on December 21, 1934 



ORDER 



Code of Fair Competition for the Baking Industry in 
Puerto Rico 

An application 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 Baking Industry in Puerto Rico, 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 au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6543-A, dated December 30, 1933, and Execu- 
tive 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 provisions 
and will promote the policy and purposes of said Title of said Act; 
and do hereby order that said Code of Fair Competition be and it is 
hereby approved. 

National Industrial Reco\"ery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Armin W. Riij:y, 

D iv is ion A dm ini-sfrator. 

Washington, D. C, 

December 21, 193 If. 

104236° 1385-128 34 (1) 



KEPORT TO THE PRESIDENT 

The President, 

The White House, 

Sir: This is a report on the Code of Fair Competition for the 
Balding Industry in Puerto Rico and on the public hearing and con- 
ferences hehl thereon in accordance with the provisions of the Na- 
tional Industrial Recovery Act. 

EMPLOYMENT 

The Baking Industry includes about 210 operating bakeries em- 
plojdng about 900 to 1000 persons. There are about 180 other bak- 
eries which are not in operation. 

Unemployment is estimated at about 300 persons, but of these 
only about 150 are said to be legitimate bakers. 

In addition to the regular employees of bakers there are engaged 
directly in the industry, as independent business men, about 3000 
vendors who purchase bread at the bakeries and make delivery to 
customers principally on regular routes. Most of the bread baked 
in Puerto Rico is disposed of through this channel of distribution. 

GENERAL 

The baking industry in Puerto Rico resembles its mainland coun- 
terpart in few particulars. The form and type of bread are different, 
as the taste of the buying public in Puerto Rico is more continental 
than American. 

The quality of the bread produced is, general speaking, satisfac- 
tory in the more populous centers; but Americans find some of the 
bread — particularly in the smaller localities — unpalatable and un- 
healthful. But the Ivinds of bread produced there, and the shape and 
quality, are satisf actor}'' to the consuming public and no complaint 
has been heard from any source except that the price is too high 
for the purse of the lowlier Islanders. 

Different sections of the country have their preferences but the 
local bakeries are sufficiently experienced so that no difficulty is 
encountered in supplying the public demand. That demand, curi- 
ously enough, is not so large as one might think. It seems that about 
900,000 of Puerto- Rico's population do not eat bread but substitute 
instead batatas, yaiitia, platanos, casaves, and other tubers of heavy 
starch content and firm consistency. The remainder of the popula- 
tion, ranging from 000,000 to 800,000 people consume somewhere 
between 600 and 700 sacks of flour of 200 pounds each, baked into 
bread each day. which, on a pro rata basis, means that the consump- 
tion averages about 3 ounces per person per day. 

(2) 



There are no large baking corporations in the Island and but one 
firm operating a string of bakeries. Most of the bread-baking in 
Puerto Ilico is done in hand craft shops. A bread-mixer, to be found 
in some of the larger bakeries, is about the only mechanical device 
in evidence. It is said that four or five bakeries are equipped with 
modern iron ovens heated by crude oil. The remainder are of brick, 
heated by kindling wood. 

The industr}^ in general has operated at a loss since 1929, especially 
since the imposition of the processing tax on wheat in 1933. The 
average price of bakery products, however, has shown but a slight in- 
crease over previous price levels. 

HOUR AND WAGE PROVISIONS 

The code provides for a basic forty-eight hour week, a reduction 
of about fourteen per cent under the average hours now worked 
through.out the industry; consequently some reemplojanent may be 
expected. 

The minimum wage for a crew of emploj-ees is fixed at the rate of 
$2.50 for the manufacture of bags of flour of 200 pounds. This is 
a method of payment peculiar to Puerto Eico. Here a crew of bak- 
ers generally consists of four or five men, one of whom is head baker, 
the others being his various assistants ; but in villages a crew may be 
as low as two men and a boy. Several years ago, prior to the or- 
ganization of labor, different methods of payment were in vogue, 
some working on an hourly basis, some on a piece work rate, and a 
few on other bases. The present system was developed by the work- 
ers and has ever since its adoption been regulated by the labor or- 
ganization itself. To all appearances this method of pajmient has 
been satisfactory, the only objection up to now being "occasioned 
by the lack of uniformity in the various bakeries throughout the 
Island. 

The establishment of a stated minimum in the code will operate to 
remedy this defect. Since practically all bread baked in Puerto Rico 
is sold to independent distributors at the bakery itself, it was not 
thought necessary to include further wage provisions in the code. 

TRADE PRACTICE PROVISIONS 

The Articles on Trade Practices and Open Prices provide what is 
felt to be a sensible solution to a number of the greatest evils existing 
in the industry. 

HEALTH AND SANITATION 

The code also affords very real hope of progress in the fields of 
health and sanitation. Such effective regulation, once put into effect, 
will not only prove a boon to the efficient and conscientious members 
of the industry but also to the consuming public. 



FINDINGS 

The Deputy Administrator in his final report on said code haying 
found as herein set forth, and on the basis of all the proceedings in 
this matter, 

This Board finds : 

(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 insular trade 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 
sanctions and supervision, by eliminating unfair competitive practices 
by promoting tlie fullest possible utilization of the present productive 
capacity of industries, by avoiding undue restriction of production, 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purcliasing 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 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 i"epresentative of the aforesaid 
industry ; and that said association imposes no inequitable restrictions 
on admission to membership therein. 

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

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

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

For these reasons tliis code has been approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 

December 21, 1934. 



CODE OF FAIR COMPETITION FOR THE BAiaNG 
INDUSTRY IN PUERTO RICO 

Article I — Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery xVct, this Code is submitted as a Code of Fair Competition 
for the Baking: Industiy in Puerto Rico, and upon approval of its 
provisions shall be the standard of fair competition for such indus- 
try and be binding upon every member thereof. 

Article II — Defixitioxs 

Section 1. The term " Baking Industry " as used herein includes 
the manufacture, distribution and sale by the manufacturer within 
the territorial limits of Puerto Rico, of bread and rolls, yeast- 
raised crackers, and such other products as are ordinarily manu- 
factured in the bakeries of Puerto Rico, excluding the branch of 
pastry. 

Section 2. The term " member of the industry " as used herein 
includes, but without limitation, any individual, partnerehip, associ- 
ation, corporation or other form of enterprise engaged in the indus- 
try, either as an employer, or on its own behalf. 

Section 3. The term '' employee " as used herein includes any and 
all persons engaged in the industry, receiving compensation from 
an employer as defined herein. 

Section 4. The term '' emplo3^er " as used herein includes any 
member of the industry paying the compensation of said employees, 
or whose name is registered on the Municipal Patent or Sanitary 
License. 

Section 5. The terms "" President ", "x^ct ", and " National In- 
dustrial Recovery Board ", or " Board ", as used herein mean respec- 
tively, the President of the United States, Title I of the National 
Industrial Recoveiy Act, and the Board created by Executive Order 
dated September 27, 1934. 

Section 6. The term " Deputy Administrator " as used herein 
means the Deputy Administrator for Puerto Rico. 

Section. 7. The term "■ crew " is defined to be two or more 
employees who are employed jointly by the industry to process one 
or more sacks of flour into products of the industry as defined in 
section one of this Article. 

Section 8. The term" reseller " as used herein shall mean any 
individual or legal entity except a retail store, which purchases 
products of the industry at wholesale and for resale. 

Article III — Hours 

Section 1. Ma,rhnum Hours. — No employee shall be permitted to 
work in excess of fortj^-eight (48) hours in any one week, nor more 

(5) 



than eight (8) hours in any twenty-four (24) hour period, with the 
following exception : 

(a) The j)ro visions of this Article shall not apply to persons 
employed in a managerial or executive capacity who earn regularly 
not less than twelve dollars and fifty cents ($12.50) per week. 

Section 2. Standard Week. — No employee shall be permitted to 
work more than six (6) days in any seven (7) day period. 

Section 3. Employment hy Several Employers. — No employer 
shall knowingly permit any employee to work for any time which 
when added to the time spent at work for another employer or 
employers in this industry (or otherwise) exceeds the maximum 
permitted herein. 

Article IV — Wages 

Section 1. Minimum Wages. — No crew of employees shall be paid 
less than at the rate of two dollars and fifty cents ($2.50) for the 
manufacture of each bag of flour of two hundred (200) pounds. 

(a) Wages Above Minimmn. — No reduction in the amount paid 
to a crew of employees for the manufacture of each sack of flour of 
two hundred (200) pounds, shall be made by any member of the 
industry where such amount was more than the minimum above 
prescribed during the four weeks ended September 29, 1934. Nor 
shall the weekly wages of any other emploj-ee be re'^uced as a 
result of the adoption of this Code. 

(1)) Wages shall cover all compensation of shop employees, in- 
cluding apprentices, who shall distribute the same among themselves 
in the proportions agreed upon in accordance with the custom of the 
industry and/or the rules and regulations of the employees union, 
if any. 

(c) All other employees in the industry shall be paid at the rat© 
of not less than six ($G.00) dollars per week. 

(d) Female employees performing substantially the same work 
as male employees shall receive the same rate of pay as male 
employees. 

Section 2. This code establishes minimum rates of pay which 
shall apply, irrespective of whether an employee is actually com- 
pensated on a time rate, piece-work or other basis. 

Section 3. Employers shall make payment of all wages in lawful 
currency or by negotiable checks therefor, payable on demand. All 
contracts of employment shall prescribe payment of wages at least 
every two weeks. 

Article V — Labor Provisions 

Section 1. Child Labor. — No person under sixteen (16) years of 
age shall be employed in the industry and no person under eighteen 
(18) years of age shall be employed at night operations or occupa- 
tions hazardous in nature or dangerous to health. The Code Au- 
thority shall submit to the Deputy Administrator fifteen (15) days 
after the date of its appointment, a list of such occupations. An 
employer shall be deemed to have complied with this provision as 
to age if he shall have on file a certificate of the Civil Registry 



showing that the emploj-ee that might be affected is of the required 
age. 

Sectton 2. Mandatory Provisions. — 

(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 emplo3"ment shall be required 
as a condition of emploj^ment to join any company union or to 
refrain from joining, organizing, or assisting a labor organization of 
his own choosing, and 

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

Section 3. Evasion Through /Subterfuge. — No employer shall re- 
classify emplo5"ees or duties of occupation performed or engage in 
any other subterfuge so as to defeat the purposes or provisions of 
the Act or of this Code. 

Section 4. Standards for Safety and Health. — Every employer 
shall provide for the safety and health of employees during the hours 
and at the places of their employment. Standards for safety and 
health shall be submitted by the Code Authority to the National 
Industrial Recovery Board for approval within six months after the 
effective date of this Code. After approval, such standards shall 
become the minimum standards of safety and health for all members 
of the Industry anel shall thereafter bo* a part of this Code and 
enforceable as such. 

Section 5. Insular and Federal Laws. — No provision in this Code 
shall supersede any Insular or Federal Law which imposes on em- 
ployers more stringent requirements as to age of emploj^ees, wages, 
hours of work, or as to safety, health, sanitary or general working 
conditions, or insurance or fire protection, than are imposed by this 
Code. 

Section 6. Posting. — All employers shall post and keep posted 
copies of the labor provisions of this Code, in both English and Span- 
ish in conspicuous places accessible to all employees. Evei-y 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. 

Abticle VI — Organization, Powers and Duties or the Code 

x\UTH0RITT 

Section 1. Organization and Constitution. — A Code Authority is 
hereby established to consist of five (5) persons to be chosen by 
such plan of procedure as may be proposed by the Baking Section 
of the Asociacion de Industriales de Puerto Rico to the Deputy 
Administrator within thirty (30) days after the effective date hereof 
of the Asociacion de Industriales de Puerto Rico to the Deputy 
and thereafter approved by the Deputy Administrator. It is fur- 



8 

ther provided that at any meeting of the Code Authority as above 
constituted any member not present in i^erson may vote by written 
proxy. 

Section 2. In addition to the membership as above provided, 
there may be not more than three (3) members, to be known as 
Administration members, without vote and without expense to the 
industry, to be appointed by the Deputy Administrator to serve for 
such terms as he may specify. 

Section 3. Each trade or industrial association directly or in- 
directly participating in the selection or activities of the Code Au- 
thority 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 informa- 
tion as to membership, organization, and activities as the National 
Industrial Recovery Board may deem necessary to effectuate the 
purposes of the Act. 

Section 4. In order that the Code Authority shall at all times be 
truly representative of the industry and in other respects comply 
with the provisions of the Act, the Deputy Administrator may pre- 
scribe 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 5. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor 
shall any member of the Code Authority be liable in any manner 
to anyone for any act of any other member, officer, agent, or em- 
ployee, of the Code Authority. Nor shall any member of the Code 
Authority exercising reasonable diligence in the conduct of his duties 
hereunder, be liable to anyone for any action or omission to act 
under this Code, except for his own wilful malfeasance or non- 
feasance. 

Section 6. If the Deputy Administrator shall at any time deter- 
mine that any action of a Code Authority or any agency thereof may 
be unfair or unjust or contrary to the public interest, the Deputy 
Administrator may require that such action be suspended to afford 
an opportunity for investigation of the merits of such action and 
further consideration by such Code Authority or agency pending 
final action which shall not be effective unless the Deputy Adminis- 
trator approves or unless he shall fail to disapprove after thirty (30) 
days' notice to him of intention to proceed with such action in its 
original or modified form. 

Section 7. Powers and Duties. — Subject to such rules and regula- 
tions 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; 

(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 elect officers and assign to them such duties as it may 
consider advisable. 



(cl) To receive trade practice complaints of violations of this Code, 
where such complaints are voluntarily filed with the Code Authority 
by the complainant, and to make investigations thereof, provide hear- 
ings thereon, and adjust such complaints and bring to the attention 
of the Deputy Administrator for prosecution recommendations and 
confirmations relative to unadjusted violations, but nothing herein 
contained shall authorize such Code Authority to handle other com- 
plaints submitted which are not voluntarily filed by the complainant, 
unless such Code Authority has been officially authorized to handle 
such complaints. 

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

(f) To use such trade associations and other agencies as it deems 
proper for the caiTying 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. 

(g) To make recommendations to the National Industrial Re- 
covery Board for the coordination of the administration of this Code 
and such other Codes, if any, as may be related to or affect members 
of the industry. 

(h) (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 necessaiy 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. 



10 

(2) Each member of the industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the National Industrial Recovery 
Board. Only members of the industry complying with the Code and 
contributing "to the expenses of its administration as hereinabove pro- 
vided (unless duly exempted from making such contribution) shall 
be entitled to participate in the selection of members of the Code 
Authority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

(3) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, ancl 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. 

(i) To reconnnend to the National Industrial Recovery Board 
any action or measures deemed advisable, including further fair 
trade practice provisions to govern members of the industry in their 
relations with each other or with other industries; measures for 
industrial planning and stabilization of employment; and including 
modifications of this Code which shall become etfective as part hereof 
upon approval by the National Industrial Recovery Board after 
such notice and hearing as it may specify. 

Section 8. Within thirty (30) days after the effective date of 
this Code, the Code Authority shall establish a permanent standards 
committee consisting of five (5) members, three (3) members of 
which shall be appointed by the industry, and tw^o (2) by the Na- 
tional Industrial Recovery Board to represent governmental and 
consumer interests. This committee shall work with such govern- 
mental agencies as may be designated by the National Industrial 
Recovery Board in the study of quality, nomenclature, weight, label- 
ing, dating and sanitation of bakery products. 

The committee shall, within six (6) months after its appointment, 
submit a report with recommendations to the National Industrial 
Recovery Board which may approve these recommendations, in 
either their original or modified form, as a Fair Trade Practice to 
be mandatory on all members of the Industry, pending the approval 
of subsequent standards or revisions of standards which may be 
established from time to time through the same procedure as set 
forth above. 

Article VII — Trade Practice Rukes 

Rule 1. Secret Rehates. — No member of the industry shall secretly 
offer or make any payment or allowance of a rebate, refund, com- 
mission credit, unearned discount or excess allowance, whether in the 
form of money or otherwise, nor shall a member of the industry 
secretly offer or extend to any customer any special service or privi- 
lege not extended to all customers of the same class, for the purpose 
of influencino; a sale. 



11 

Rule 2. Bribing Employees. — No member of the industry shall 
give, permit to be given, or offer to give, anything of vahie for the 
purpose of influencing or rewarding the actions "of any employee, 
agent or representative of another in relation to the business of the 
employer of such employee, the principal of such agent or the repre- 
sented party, without the knowledge of such employer, principal or 
party. 

EuLE 3. Indiwing Breach of Existing Contracts. — No member of 
the industry shall wilfully induce or attempt to induce the breach 
of existing contracts between competitors and their customers by 
any false or deceptive means or interfere with or obstruct the per- 
formance of any such contractual duties or services by any such 
means with the purpose and effect of hampering, injuring or em- 
barrassing competitors in tlieir business. 

Rule 4. Defamation. — No member of the industry shall defame a 
competitor by falsely imputing to him dishonorable conduct, inability 
to perform contracts, questionable credit standing, or by other false 
representation, or by falsely disparaging the grade or quality of 
his goods. 

Rule 5. Credits. — No member of the industry shall give more than 
twenty-four (24) hours credit to any reseller selling within the limits 
of a town or city, nor more than one week to any reseller selling in 
rural districts. 

Rule 6. Fresh Bread. — No member of the industry shall sell, offer 
for sale, or deliver stale bread as fresh bread. No member of the 
industry shall sell or offer for sale fresh bread as stale bread for the 
purpose of selling the same at a price lower than prices quoted for 
fresh bread. The term " fresh bread " means bread made within a 
period of twenty-four (24) hours, and " stale bread " shall mean any 
bread twenty-four hours old or older. 

Rule 7. Consignment Selling. — No member of the industry shall 
sell products of the industry on consignment, except under conditions 
approved and prescribed by the Code Authority, 

Rule 8. Return of Products. — No member of the industry shall 
accept the return of products of the industry once they have been 
sold. 

Rule 9, Stale Bread. — No member of the industry shall sell or offer 
for sale stale bread for the purpose of resale. 

Article VIII — Open Prices 

Section 1. Each member of the industry shall file with a confi- 
dential and disinterested agent of the Code Authority, or if none, 
then with such an agont designated by the Deputy Administrator for 
Puerto Rico, identified lists of all his prices, discounts, rebates, allow- 
ances, and all other terms or conditions of sale at wholesale or re- 
tail, 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 be filed 



12 

within seven (7) days after the effective date of this 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 re- 
visions, 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 Au- 
thority in the preparation and distribution thereof and be available 
for inspection by any of their customers at the offices of such agent. 
Said lists or revisions or any part thereof shall not be made avail- 
able 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 
seven (7) day period after the effective date 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 ex- 
cept upon written consent of the Deputy Administrator. Upon re- 
quest, the Code Authority shall furnish to the Deputy Administrator 
or any duly designated agent of the Deputy Administrator, copies of 
any such lists or revisions of price terms. 

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

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

Section 4. No member of the industry shall enter into any agree- 
ment, understanding combination or conspiracy to fix or maintain 
price terms, nor cause or attempt to cause any member of the indus- 
try to change his price terms by the use of intimidation, coercion, or 
any other influence inconsistent with the maintenance of the free 
and open market which it is the purpose of this Article to create. 

Article IX — Costs and Price Cutting 

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

(a) Wilfully destructive price cutting is an unfair method of 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 Authorit}^ that any filed price constitutes unfair com- 
petition 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 members 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 or 
the designated representative tbereof in Puerto Rico, which shall 



13 

render a report and recommendation thereon to the National Indus- 
trial Recovery Board. 

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

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

Sectiox 2. Emergency Provmons. — (a) If the National Industrial 
Eecovery 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 effectuate the purposes of the Act, the Code Authority may 
cause an impartial agency to investigate costs and to recommend to 
the National Industrial Recovery Board a determination of the 
stated minimum price of the product affected by the emergenc}'^ and 
thereupon the National Industrial Recovery Board ma}^ proceed to 
determine such stated minimum price. 

(b) When the National Industrial Recovery Board shall have 
determined such stated minimum price for a specified product for 
a stated period, which price shall be reasonably calculated to miti- 
gate the conditions of such emergency and to effectuate the purposes 
of the National Industrial Recover}^ Act, it shall publish such price. 
Thereafter, during such stated period, no member of the industry 
shall sell such specified products at a net realized price below said 
stated minimum price and any such sale shall be deemed destructive 
price cutting. From time to time, the Code Authority may recom- 
mend review or reconsideration or the National Industrial Recovery 
Board may cause any determinations hereunder to be reviewed or 
reconsidered and appropriate action taken. 

Section 3. Cost Fineling and Aceountiyig. — The Code Authority 
shall cause to be formulated methods of cost finding and accounting 
which shall be capable of use by all members of the industry, and 
shall submit such methods to the National Industrial Recovery 
Board for review. If approved by the National Industrial Recovery 
Board, full information concerning such methods shall be made 
available to all members of the industry. Thereafter, each member 
of the industry shall utilize such methods to the extent found 
practicable. Nothing herein contained shall be construed to permit 
the Code Authority, any agent thereof, or any member of the indus- 
try, to suggest uniform additions, percentages or differentials or 
other uniform items of cost which are designed to bring about arbi- 
trary uniformity of costs or prices. 

Article X — Registration 

Within ten daj^s after the effective date of this Code each member 
of the industry shall register with the Code Authority, his firni name, 
the address oi his principal place of business, and the registration 



14 

number of the sanitary permit issued to him by the Insular Commis- 
sioner of Health. 

Anj^one who becomes a member of the industry after the effective 
date of this Code shall reo-ister with the Code Authority in the 
manner above prescribed within ten (10) days after becoming a 
member of the industry. 

ArTICLP: XI MODIP^ICATION 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President in accordance with the 
pro\asions 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. 

Section 2. Such of the provisions of this Code as are not required 
to be included herein by the Act may, wath the approval of the Na- 
tional 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 XII 

Section 1. Monopolies. — Xo provision of this Code shall be so 
applied as to permit monopolies or monopolistic practices, or to 
eliminate, oppress or discriminate against small enterprises. 

Article XIII — Effective Date 

This Code shall become effective the third Monday after its 
approval by the President. 



Approved Code No. 539. 
Registry No. 101-39. 



O 



Approved Code No. 540 
CODE OF FAIR COMPETITION 

FOR THE 

RETAIL MEAT TRADE 

As Approved on December 21, 1934 



EXECUTIVE ORDER 
Code of Fair Competition for the Retail Meat 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 my approval of a Code of 
Fair Competition for the Retail Meat Trade, and hearings having 
been held thereon and The National Industrial Recovery Board hav- 
ing rendered its report containing an analysis of the said Code of 
Fair Competition together -with its recommendations and findings 
with respect thereto, and The National Industrial Recovery Board 
having found that the said Code of Fair Competition complies in all 
respects with the pertinent provisions of Title I of said Act and that 
the requirements of clauses (1) and (2) of subsection (a) of Section 
3 of the said Act have been met : 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 
United States, pursuant to the authority vested in me by Title I of 
the National Industrial Recovery Act, approved June 16, 1933, and 
otherwise, do adopt and approve the report, recommendations, and 
findings of The National Industrial Recovery Board and do order 
that the said Code of Fair Competition be and it is hereby approved ; 
subject, however, to the following conditions : 

(1) That Article II, Section 1 (a) be and the same is hereby 
amended to read : 

" The term ' Retail Meat Trade ' as used herein means the selling 
of meats to the consumer and not for the purpose of resale, but shall 
not include the sale of meats in establishments for consumption on 
the premises, and shall not include the sale of meats by anyone, 
more than fifty (50) percent of whose dollar volume of retail sales 
is not meats." 

(2) That Articile II, Section 1 (m), be and the same hereby is 
amended to read: 

" The term ' establishment ' as used herein means any store or shop 
or stand where retail meat sales amount to fifty percent (50%) or 
more of the entire retail sales." 

104327° 1385-130 34 (15) 



16 

(3) That Article VI, Section 1, be and the same hereb}' is amended 
to read: 

''A Code Authority is hereby established consisting- of eleven (11) 
persons to be selected in the following manner : 

"(a) Seven (7) persons to be selected by the Board of Directors 
of the National Association of Retail Meat Dealers, Inc. 

"(b) One (1) person to be selected by the Federation of Kosher 
Butchers of Greater New York, Inc. 

"(c) One (1) person to be selected by the National Association 
of Meat, Poultry and Game Purveyors. 

"(d) Two (2) persons to be appointed by The National Industrial 
Recovery Board from members of the trade who are not members 
of any of the foregoing Associations, and who are retailers of food 
products other than meats." 

If, within thirty (30) days after the effective date of this Code, 
any of the members provided for in this Section shall not be named, 
then and in that event, The National Industrial Recovery Board 
shall appoint the representative otherwise provided for." 

(4) The provisions of Article VII, Sections 1 (b), (c) and (d) ; 
Article VII, Section 2 ; Article VII, Section 9 ; Article VII, Section 
10; be and the same hereby are stayed, pending incorporation of 
suitable parallel provisions in the code apjDlicable to all retail selling 
of meat not governed by this Code, or pending our further order. 

Franklin D. Roosevelt. 
Approval recommended : 

National Industrial Recovery Board, 
By W. A. Harriman, Adininistrative 0-fJicer. 

The White House, 

Decemher 21, 1931^ 



LETTER OF TRANSMITTAL 

The President, 

The ^¥Mte Rouse. 
Sir: A public hearing on the Code of Fair Competition for the 
Retail Meat Trade submitted by the National Association of Retail 
Meat Dealers ^yas held in Washington, D. C. on the 2nd of July, 
1934, in accordance with the provisions of the National Industrial 
Recovery x\.ct. 

GENERAL. 

In 1929 there were sold in the United States meats, including 
poultry, to the value of $2,090,125,000. It is estimated that in 1933 
only 55.7 percent of this volume of meats was sold at retail or a 
total of $1,166,428,911. 

This volume of meats was distributed principally by three distinct 
types of retail outlets, namely, exclusive meat markets, meat markets 
which also sold groceries, and food and grocery stores, which sold 
meats. It is estimated that the exclusive meat markets sold $1,148,- 
445,599 worth of the total sold in 1929 and that meat markets with 
groceries sold $439,432,969 worth, and that the food and grocery 
stores which sold meats sold $506,248,740 worth. It is estimated that 
of the 1933 total the exclusive meat markets sold $639,684,199 worth, 
that the meat markets which sold groceries sold $244,764,164 worth, 
and that the groceries with meats sold $281,980,548 worth. 

Because of the fact that the selling of groceries and meats is often 
done in the same store, data concerning employment directly con- 
nected with the sale of meats, is not entirelj^ satisfactory. The 
census of distribution of 1929 includes under one grouping employ- 
ment in grocery stores with meats, meat markets with groceries, 
meat markets and fish markets. In order to determine the number 
of emploj^ees actually engaged in the distribution of meats at retail, 
it was found necessary to make certain computations and estimates. 
It was found necessary to place much reliance upon data collected by 
the proponent association through the issuance of five hundred ques- 
tionnaires to representative meat dealers m the country. From these 
sources and estimates it is concluded that in 1929, there were ap- 
proximatel}^ 122,996 people employed directly in the retailing of 
meats. There are no reliable figures available as to the amount of 
unemployment existing in this trade between the years 1929 and 1933. 

There have sprung up in the retail meat trade certain unfair trade 
practices. The most important of these has been the practice in- 
dulged by certain unscrupulous dealers in falsely advertising meats 
to be of a certain quality when in fact they were of an inferior grade. 
The United States Department of Agriculture has for a number 
of years carried on studies and has arrived at certain standards of 
grades of meats and certain standard cuts for meats. It is provided 

(17) 



18 

in the Code that it shall be an unfair trade practice for any mem- 
ber of the trade to advertise or sell meats of an inferior grade when 
they have been represented or advertised to be of another grade, and 
that the grades promulgated by the Department of Agriculture shall 
be the effective standards. 

In addition to the basic Code there is attached as Schedule A, a 
supplementar}^ Code for the Retail Kosher Meat Trade. Hearing 
was held on this supplementary Code at the same time as the hearing 
on the Code for the Retail Meat Trade. This supplementary Code 
merely contains certain additional labor provisions and fair trade 
practice provisions which, because of the religious features con- 
nected with the sale of Kosher meats, are thought necessary to 
further stabilize that branch of the retail meat trade. 

The sale of meats at retail has heretofore been included under the 
Code of Fair Competition for the Retail Food and Grocery Trade. 
However, because of the large amount of meat sold in stores in 
which the principal line of business is the selling of meats rather 
than of groceries, and on the showing of such facts and of the 
further facts concerning the nature of the item, and the skill and 
peculiar knowledge required for handling the same, it is recom- 
mended that a separate code be approved to cover its sale at retail 
in such stores. 

The sales in combination stores where the principal line of busi- 
ness is other than the sale of meats, however, have heretofore been 
included under the Code of Fair Competition for the Retail Food 
and Grocery Trade. The application of such Code to sales of meat, 
except as to the labor provisions thereof, has been stayed by Ad- 
ministrative Order. However, in order that such retailers will not 
be under the jurisdiction of another Code for a portion of the busi- 
ness in such establishment it is recommended that this Code only 
include the sales of meats in establishments where the sale of meats 
comprises fifty-one percent (51%), or more, of the total volume of 
business in such establishment, and the Order of Approval of this 
Code is drawn to accomplish this end. 

The grocery store which sells meats thereby excluded from this 
Code is bound by labor provisions which are in the main identical 
with the provisions in this Code. Provisions governing the advertis- 
ing and selling methods for the dealers who will be governed by this 
Code, should be incorporated in the Code of Fair Competition for 
the Retail Food and Grocery Trade. Pending the incorporation 
of parallel provisions governing such advertising and selling 
methods in the Code of Fair Competition for the Retail Food and 
Grocery Trade, or pending further order, these provisions are stayed 
by the Executive Order. It is contemplated that the combination 
stores who will not be governed by this Code, but who are engaged 
in the retail selling of meats, will be subject to such parallel 
provisions in the code applicable to them. 

The Order of Approval contains a condition that the Code shall 
not become effective for twenty (20) days, during which time the 
trade may show cause why the Code shall not go into effect, and it is 
provided that in any event a further Order will be necessary to 
put the Code into effect at the end of such twenty (20) day period. 



19 

HOURS AND AVAGES 

The Code provides for a forty-eight (48) hour basic work week 
for all employees in retail meat establishments. Prior to PRA the 
average weekly working hours were approximately^ sixty-five (65) 
hours per we^k. Using the estimated number of employees in the 
trade in 1929, of 122,995, and the average working hours of sixty- 
jfive (65), it is estimated that there will be a 35.4% increase in em- 
ployment, or 43,561 additional emploj^ees, accomplished by this 
reduction to forty-eight (48) hours per week. 

Employees may work only six (6) days in any seven (7) day 
period. It is provided, however, that immediately preceding cer- 
tain holidays at which times the public consumes materially greater 
quantities of meats, employees may be worked for a limited number 
of hours in excess of the basic hours, provided that for all times 
so worked they shall be paid at least at the rate of one and one-third 
times the normal rate of pay. 

The Code provides for a minimum weekly wage of fifteen dollars 
($15.00) per week in cities of over 500,000 population with lesser 
amounts per week as the minimum wage in smaller localities, and 
also provides for a wage differential in the South. Employees in 
the trade receiving more than the minimum, may not have their 
wages decreased below the amount being received by them on June 1, 
1933, even though their hours are reduced under the Code. 

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 
proceedings 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, includ- 
ing removal of obstructions to the free flow of interstate and foreign 
commerce which tend to diminish the amount thereof and will pro- 
vide for the general welfare by promoting the organization of indus- 
tr}^ 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) The Code as approved complies in all respects with the perti- 
nent provisions of said Title of said Act, inclucling without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof; and that the applicant group 
is a trade group trul}^ representative of the aforesaid trade ; and that 
said group imposes no inequitable restrictions on admission to mem- 
bership therein. 

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



20 

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

(e) Those engaged in other steps of the economic process have not 
been clepriA-ed of the right to be heard prior to approval of said Code. 

For the above reasons this Code is hereby recommended for 
approval. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
December 14, 1934. 



Wa 







1. Hind feet. 

2. Hams. 

3. Clear bellies. 

4. Pork loins. 

5. Spare ribs (full sheet). 
<3. Spare ribs (half sheet). 



PORK Carcass. 

7. Brisket. 

8. Picnic. 

9. N. Y. style shoulder. 

10. Neck bones. 

11. Picnic butt. 

12. Jowl butts (untrimmed). 



(12) Jowl butts (trimmed). 

(13) Boneless butt. 

13. Boston butt. 

14. Loin bult. 

15. Fore feet. 
IG. I>eaf fat. 



CODE OF FAIR COI^IPETITION FOR THE RETAIL MEAT? 
TRADE OF THE UNITED STATES 

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 Retail Meat Trade, and upon approval its provisions shall be the 
standards of fair competition for such Trade and be binding upon; 
every member thereof. 

Article II — Definitions 

Section 1. (a) The term "Retail Meat Trade" as, used hereint 
means the selling of meats to the consumer and not for the purpose 
of resale, but shall not include the sale of meats in establishments 
for consumption on the premises.^ 

(b) The term "member of the trade " as used herein includes, but 
without limitation, any individual, partnership, association, corpo- 
ration or other form of enterprise engaged in the trade, either a3 
an emploj^er or on his or its own behalf. 

(c) The term "employee" as used herein includes any and all 
persons engaged in the trade, however compensated, except a member 
of the trade. 

(d) The term "employer" as used herein includes anyone by 
whom such employee is compensated or employed. 

(e) The term "Association " as used herein means the National 
Association of Retail Meat Dealers, Inc. 

(f) The terms " President," " Act," and "Administrator" as used 
herein mean res])ectively the President of the United States, Title I 
of the National Industrial Recovery Act, and the Administrator for 
Industrial Recovery. 

(g) The term "meat" or "meats" as used herein means and 
includes animal meats, meat products, poultry and game, but does 
not include fish or shellfish, delicatessen, or animal meats or meat 
products packed in sealed containers. 

(h) The term " manager " as used herein means an emploj^ee 
actually engaged in a supervisory or executive capacity and respon- 
sible for the management of a retail meat establishment. 

(i) The term " South " as used herein means the States of Virginia, 
West Virginia, North Carolina, South Carolina, Georgia, Florida, 
Kentucky, Tennessee, Alabama, Mississippi, Arkansas, Louisiana, 
Oklahoma, Texas, New Mexico, Maryland, and the District of 
Columbia. 

(i) The term "part time employee" as used herein means an 
employee who works less than the maximum work week. 



1 Amendment — See paragraph 2 (1) of order approving this Code. 
104327° 1385-130 34—2 (21) 



22 

(k) The term " outside salesman " as used herein means a sales- 
man who is engaged seventy-five percent (75%) or more of his time 
in selling outside of the establishment, or any branch thereof, by 
which he is employed, and who does not engage in manual labor 
within such establishment. 

(1) The term " watchman " as used herein means an employee who 
is engaged not less than ninety percent (90%) of his time in safe- 
guarding the premises and property of a retail meat establishment. 

(m) The term "establishment " as used herein means any store, or 
department thereof, or shop, stand, or other place where meat is sold 
at retail.^ 

(n) The term " outside service employee " as used herein means 
an employee engaged primarily in delivering merchandise outside the 
store and shall include stable and garage employees. 

Section 2. Population for the purposes of this Code shall be deter- 
mined by reference to the latest Federal Census. 

Article III — Hours 

Section 1. No employee shall be permitted to work in excess of 
forty-eight (48) hours in any one week or ten (10) hours in any 
twenty-four (24) hour period, with the following exceptions: 

(a) Managers who earn regularly 

$38.00 or more per week in cities of over 500,000 population ; 
$33.00 or more per week elsewhere; 

$35.00 or more per week in cities of over 500,000 population in the 
South ; 

$30.00 or more per week elsewhere in the South; 

(b) Employees may be permitted to work not in excess of fifty- 
six (56) hours in any six (6) working days in the week immediately 
l^rececling each Thanksgiving, Christmas and New Years, but in all 
such cases they shall be compensated for all hours so worked in ex- 
cess of the maximum provided in Section 1 hereof, at one and one- 
third times the normal hourly rate. 

(c) Watchmen, provided they shall not be permitted to work in 
excess of fifty-six (56) hours in any one week. 

(d) Outside service employees; provided such employees shall be 
compensated for all hours worked in excess of forty-eight (48) hours 
in any one week or ten (10) hours in any twenty-four (24) hour 
period at the rate of not less than one and one-half (II/2) times the 
normal hourly rate. 

(e) Employees engaged in emergency repair or emergency main- 
tenance work involving mechanical breakdown or protection of life 
or property; provided, however, that employees so engaged shall be 
paid at one and one-half times the normal hourly rate for all hours 
worked in excess of the maximum. 

(f) Employees v/orking inside the establishment as salesmen for 
not more than three (3) consecutive hours per day and the balance of 
the time as salesmen outside of the establishment; provided such em- 
ployees shall be compensated at the rate of not less than the mini- 
mum weekly wage provided in Section 1 of Article IV. 



' Amended — See paragraph 2 (2) of order approving this Code. 



23 

Sectiox 2. The hours worked by any employee during each day 
shall be consecutive, provided an interval of not more than one (1) 
hour shall be allowed for each regular meal period and such interval 
shall not be counted as part of the employees' working time. 

Section 3. In any retail trade area, town or city the retail meat 
establishments may, by mutual agreement of not less than seventy- 
five percent (75%) of all retail meat establishments which shall in- 
clude seventy-five percent (75%) of all retail meat establishments 
employing one or less employees, subject to approval of the Admin- 
istrator, establish uniform store operating hours which shall be bind- 
ing upon all retail meat establishments within such area, town or city 
for a period not to exceed one (1) year, subject to renewal by similar 
mutual agreement. 

Hours so established shall not be less than sixty-three (63) hours 
per week, except that any establishment wdiich was operating upon 
a schedule of less than sixty-three (63) hours per week on June 1, 
1933, may continue to operate on such basis but shall not reduce 
such hours. 

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

Section 5. No employer shall knowingly permit any employee to 
work for any time which, Avhen added to the time spent at work in 
this or any other trade or industry exceeds the maximum permitted 
herein. 

Section 6. All establishments shall register the operating hours 
they select with the local administrative committee, and shall post 
such hours in a conspicuous place in the establishment. 

Article IV — Wages 

Section 1. No employee shall be paid at less than the following 
rates of pay, whether compensated upon an hourly-, weekl3% monthly, 
commission, piece rate, or other basis : 

(a) Not less than at the rate of fifteen dollars ($15.00) per week 
in cities of over 500,000 population; 

(b) Not less than at the rate of fourteen dollars ($14.00) per 
week in cities of from 100,000 to 500,000 population; 

(c) Not less than at the rate of thirteen dollars ($13.00) per week 
in cities of from 25,000 to 100,000 population ; 

(d) Elsewhere, the wages of all employees shall be increased above 
the rates of pay existing on June 1, 1933, by not less than twenty 
(20) percent, provided that this shall not require an increase in wages 
to more than the rate of eleven dollars ($11.00) per week, and pro- 
vided further, that no emploj^ee shall be paid less than at the rate 
of $10.00 per week. 

Section 2. Part-time employees shall be paid not less than at an 
hourly rate pro-rata to the rate specified in the foregoing Sections of 
this Article. 

Section 3. In the South, within cities of over 25,000 population, 
the minimum wages prescribed in the foregoing Sections may be at 
the rate of one dollar ($1.00) less per week; within cities, towns and 
villages of from 2,500 to 25,000 population, the wages of all classes 
of employees shall be increased from the rates existing on June 1st, 
1933, by not less than twenty percent (20%), provided that this shall 



24 

not require an increase in wages to more than the rate of ten dollars 
($10.00) per week, and provided further, that no employee shall be 
paid less than at the rate of nine dollars ($9.00) per week except as 
provided in Section 1 of this Article. 

Section 4. The minimum wage prescribed in the foregoing Sec- 
tions shall not apply to messenger and delivery boys in the South; 
provided, however, that an increase of twenty percent (20%) in the 
rate of pay as of June 1, 1933, of such classes of employees shall 
become operative upon the effective date of this Code up to the mini- 
mum rate of pay established in the preceding Sections. 

Section 5. The weekly wages of all employees receiving more than 
the minimum wages specified in this Article shall not be reduced 
below the rate on June 1, 1933, notwithstanding any reduction in the 
number of working hours of such employees. 

Section 6. Wlien any State law prescribes for any class of em- 
ployee of either sex a higher minimum wage than that prescribed in 
this Article, no employee of such class of either sex employed within 
that State shall be paid less than such State law requires. 

Article V — General Labor Provisions 

Section 1. No person under sixteen (16) years of age shall be 
employed in the trade. 

No person under eighteen (18) years of age shall be employed at 
operations or occupations 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. In any jurisdiction an employer shall be deemed to 
have complied with this provision as to age if he shall have on file a 
certificate or permit, duly signed by the Authority in such jurisdic- 
tion empowered to issue employment or age certificates or permits 
showing that the employee is of the required age. 

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

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

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

Section 3. Employers shall not change the method of payment of 
compensation or reclassify employees or duties of occupations per- 
formed by employees, or discharge employees to reemploy them at 
lower rates in orcler to defeat the purposes of the Act or the provi- 
sions of this Code, nor engage in any other subterfuge to effect the 
defeat of such purposes or provisions. 

Section 4. Every employer shall provide for the safety and health 
of employees during the hours and at the places of their employment. 



25 

Standards for safety and health shall be submitted by the Code Au- 
thority to the Administrator within three (3) months after the 
effective date of the Code. 

Section 5. Female employees, performing substantially the same 
work as male employees, shall receive the same rates of pay as male 
employees. 

Section 6. Xo provision in this Code shall supersede any State or 
Federal law which imposes on emploj^ers 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 7. All emploj^ers shall post and keep posted copies of this 
Code, together with opening and closing hours, in conspicuous places 
accessible to all employees. Every member of the trade shall comply 
with all rules and regulations relative to the posting of provisions 
of Codes of Fair Competition which may from time to time be pre- 
scribed by the Administrator. 

Section 8. Employers shall make paj^ment of all wages in lawful 
currency, or by negotiable checks, payable on demand. All con- 
tracts of employment shall prescribe payment of wages at least as 
often as twice monthly. 

Section 9. 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 or benefit funds. No employer 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 writ- 
ing and is kept on file by the employer for six (6) months after the 
termination of the contract open for inspection of government rep- 
resentatives. Notwithstanding the preceding provisions wilful! 
failure to fulfill time requirements will permit deductions for said 
time. 

Section 10. The time of emploj^ment shall include all time during 
which the employee is on duty, including time when the emploj^ee is 
on call, or subject to the emploj^er's order or summons. 

Section 11. Written agreements of partnership shall alone be evi- 
dence of partnership as it affects the application of the labor pro- 
visions of this Code. 

Article VI — Organization, Powers and Ditties of the Code 

Authority 

organization and constitittion 

Section 1. A Code Authority is hereby established consisting of 
eleven (11) persons to be selected in the following manner: 

(a) Seven (7) persons to be selected by the Board of Directors of 
the National Association of Retail Meat Dealers, Inc. 

(b) One (1) person to be selected by the Federation of Kosher 
Butchers of Greater New York, Inc. 

(c) One (1) person to be selected by the National Association of 
Meat, Poultry and Game Purve3^ors. 



26 

((]) One (1) person to be selected by the Food and Grocery Chain 
Stores of America, Inc. 

(e) One (1) person to be selected by the National Association of 
Retail Grocers. 

If, within thirty (30) days after the effective date of this Code, 
any of the members provided for in this Section shall not be named, 
then and in that event, the Administrator shall appoint the repre- 
sentative otherwise provided for.^ 

Section 2. In addition to membership as above provided, other 
trade associations which the Administrator, upon application, shall 
recognize as representing an important branch of the retail meat 
trade, shall each be entitled to at least one (1) member on said Code 
Authority. 

Section 3. In further addition to membership as above provided, 
there may be one (1) to three (3) members without vote to be Icnown 
as Administration Members to be ap]3ointed by the Administrator 
to serve for such terms as he may specify. 

Section 4. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Code Au- 
thority shall (1) impose no inequitable restrictions on membership, 
and (2) submit to the Administrator true copies of its articles of 
association, bylaws, regulations, and any amendments when made 
thereto, together with such other information as to membership, 
organization, and activities as the Administrator may deem neces- 
sary to effectuate the purposes of the Act. 

Section 5. In order that the Code Authority shall at all times 
be truly representative of the trade and in other respects comply 
with the provisions of the Act, the Administrator may prescribe 
such hearings as he may deem proper; and thereafter if he shall 
find that the Code Authority is not truly representative or does not 
in other respects comply with the provisions of the Act, may require 
an appropriate modification of the Code Authority. 

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

Section T. If the Administrator shall at any time determine that 
any action of this Code Authority or any agency thereof may be 
unfair or unjust or contrary to the public interest, the Administrator 
may require that such action be suspended to afford an opportunity 
for investigation of the merits of such action and further considera- 
tion by such Code Authority or agency pending final action which 
shall not be effective unless the Administrator approves or unless 
he shall fail to disapprove after thirty (30) days' notice to him of 
intention to proceed with such action in its original or modified 
form. 



^^mended — S<>e paragrapb 2 (3) of order approving this Code. 



27 

POWERS AND DUTIES 

Section 8. Subject to such rules and regulations as may be issued 
by the Administrator, the Code Authorit}^ shall have the following 
powers and duties, in addition to those authorized by other provi- 
sions of this Code. 

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

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

(c) To obtain from members of the trade such information and 
reports as are required for the administration of the Code. In addi- 
tion to information required to be submitted to the Code Authority, 
members of the trade subject to this Code shall furnish such statis- 
tical information as the Administrator may deem necessary for the 
purposes recited in Section 3 (a) of the Act to such Federal and 
State agencies as he may designate; provided that nothing in this 
Code shall relieve any member of the trade of any existing obliga- 
tions to furnish reports to any Government agency. No individual 
report shall be disclosed to any other member of the trade or any 
other party except to such other Government agencies as may be 
directed by the Administrator. 

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

(e) To make recommendations to the Administrator for the coor- 
dination of the administration of this Code with such other codes, if 
an3% as may be related to or affect members of the trade. 

(f) 1. It being found necessary in order to support the adminis- 
tration of this Code and to maintain the standards of fair compe- 
tition established hereunder and to effectuate the policy of the xA.ct, 
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 neces- 
sary (1) an itemized budget of its estimated expenses for the 
foregoing purposes, and (2) an equitable basis upon which the 
funds necessary to support such budget shall be contributed by 
members of the trade; 

(c) After such budget and basis of contribution have been 
approved by the Administrator, to determine and obtain equi- 
table contribution as above set forth by all members of the 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 Code Authority, 
determined as hereinabove provided, and subject to rules and regula- 
tions pertaining thereto issued by the Administrator. Only members 



28 

of the trade complying with the code and contributing to the ex- 
penses of its administration as hereinabove provided, Junless duly 
exempted from making such contribution), shall be entitled to par- 
ticipate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget ; and shall in no event exceed the total amount con- 
tained in the approved budget except upon approval of the Admin- 
istrator; and no subsequent budget shall contain any deficiency item 
for expenditure in excess of prior budget estimates except those 
which the Administrator shall have so approved. 

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

(h) To a])point a Trade Practice Committee which shall meet 
W'ith the trade ^^ractice committees appointed under sucli other codes 
as may be related to the trade for the purpose of formulating fair 
trade practices to govern the relationships between employers under 
this Code and under such other codes to the end that such fair trade 
practices may be proposed to the Administrator as amendments to 
this Code and such other codes. 

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

Section 9. The retail meat trade code authority may incorporate 
under the laws of any State of the United States or of the District of 
Columbia, or may assume or adopt such existing corporate form 
under any of such laws as it may deem appropriate for the proper 
performance, as and from the effective date of its activities, powers 
and duties hereunder, such corporation or corporate form to be not 
for profit and to be known as "retail meat trade code authority"; 
provided that the powers, duties, objects and purposes of the said 
corporation shall, to the satisfaction of the Administrator, be limited 
to the powers, duties, objects and purposes of the retail meat trade 
code authority as provided in this code; and provided, further, that 
the certificate of incorporation and by-lav/s shall be subject to the 
disapproval of the Administrator. 

Each Divisional Code Authority established for any division of 
the industry as defined in the chapter incorporated in this Code 
relating thereto, and each subdivisional administrative committee or 
agency established under the provisions of any such chapter may, 
upon submission to and approval by the Administrator of its pro- 
posed certificate of Incorporation and By-Laws, incorporate, not for 
profit, under the laws of any State of the United States or of the 
District of Columbia, such corporation to be known as "Divisional 
Code Authority for (the specific division) Inc." or " Subdivisional 
Administrative (Committee or Agency) for (the specific subdivi- 
sion) Inc., respectively, or other appropriate name satisfactory to the 



29 

Administrator. The powers, duties, objects and purposes of each 
such corporation shall be limited to those conferred upon it in or 
under any such chapter of this Code, and the existence of each such 
corporation shall be during the term of such chapter. 

Article VII — Trade Practice Rules * 

The following described acts shall constitute unfair methods of 
competition and tlie same are herebj^ prohibited : 

Section 1. (a) Publishing advertising (whether printed, radio, 
display, or of any other nature) which is misleading or inaccurate in 
any particular material, or misrepresenting any merchandise (includ- 
ing but without limitation, its use, trade mark, grade, quality, quan- 
tity, 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. 

(b) Representing any meat as that for which a definition of iden- 
tity has been prescribed by rules and regulations issued by the Secre- 
tary of Agriculture and/or the U. S. Department of Agriculture, 
which simulates the product or fails to conform to such definition. 

(c) Falsely representing or advertising meats which fail to con- 
form to the standards of grades and classification prescribed by the 
Secretary of Agriculture and/or the U. S. Department of Agricul- 
ture (a copy of which as now approved is attached hereto marked 
Exhibit I, hereby made a part hereof by this reference) to be of 
such standards. 

(d) Selling or offerino^ to sell as other than cold storage meats 
any meats which have been kept below freezing temperature in 
storage for a period longer than thirty (30) days. 

Section 2. (a) Branding, or marking, or packing any goods in 
any manner which is intended to or does deceive or mislead pur- 
chasers with respect to the brand, grade, quality, quantity, origin, 
size, substance, character, nature, finish, material content, or prepa- 
ration of such goods. 

(b) Using stamps or marks on meats for the purpose of mislead- 
ing or deceiving the consumer as to the true class and grade of the 
meat on which the stamp or mark appears, or which imitate or 
simulate the class or grade or terms published by the United States 
Department of Agriculture. 

Section 3. Defaming a competitor by falsely imputing to him 
dishonorable conduct, inability to perform contracts, questionable 
credit standing, or by other false representation, or by disparaging 
the grade or quality of his goods. 

Section 4. Giving, permitting to be given or offering 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 the 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. 



* See paragraph 2 (4) of order approving this Code. 



30 

Section 5. Publishing advertising which refers inaccurately in any 
material particular to any competitors or their goods, prices, values, 
credit terms, ])olici<^s, or services. 

Section G. Knowingly withholding from or inserting in any quo- 
tation or invoice any statement that makes it inaccurate in any ma-- 
terial particular. 

Section T. Inducing or attempting to induce employees to leave the 
service of a competitor for the purpose of securing the trade or cus- 
tomers of such competitor. 

Section 8. Selling or offering to sell meats other than by net 
weight at sixteen (16) ounces to the pound. 

Section 9. The standards of fair competition for trade with ref- 
erence 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 trade or of any other 
trade or the customers of either may at any time complain to the 
Code Authority that any price constitutes unfair competition as de- 
structive price cutting, imperihng 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 charging such 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 ]3aiJers 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 10 hereof, is forbidden. 

Section 10. (a) If the Administrator, after investigation shall 
at any time find both (1) that an emergency has arisen w^ithin the 
trade or within any retail trade area of the trade adversely affecting 
small enterprises or wages or labor conditions, or tending tow^ard 
monopoly or other acute conditions which tend to defeat the pur- 
j)oses of the Act; and (2) that the determination of the stated 
minimum price for a specified product within the trade for a limited 
period is necessary to mitigate the conditions constituting such 
emergency and to effectuate the purposes of the Act, the Code 
Authority may cause an impartial agency to investigate costs and to 
recommend to the Administrator a determination of the stated 
minimum price of the product affected by the emergency and there- 
upon the Administrator may proceed to determine such stated mini- 
mum price. 

(b) When the Administrator shall have determined such stated 
minimum price for a specified product for a stated period, which 
price shall be leasonably calculated to mitigate the conditions of 
such emergency and to effectuate the purposes of the National In- 
dustrial Recovery Act, he shall publish such price. Thereafter, 
during such stated period no member of the trade within the trade 
area for which the minimum price has been fixed shall sell such 



31 

specified products at a net realized price below said stated miniinum 
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 
hereimder to be reviewed or reconsidered and appropriate action 
taken. 

Article YIII — Industriax, Kelations Committees 

There shall be established an Industrial Relations Committee for 
the trade, which shall consist of an equal number of representatives 
of employees and employers and an impartial chairman. The Ad- 
ministrator shall appoint such impartial chairman upon the failure 
of the committee to select one by agreement. If no truly represent- 
ative labor organization exists, the employee members of such board 
may be nominated by the Labor Advisory Board of the N. R. A^ 
and appointed by the Administrator. The employer representatives 
shall be chosen by the Code Authority. Such committee shall deal 
with complaints and disputes relating to labor in accordance with 
rules and regulations issued by the Administrator. The Industrial 
Relations Committee may establish such divisional, regional, and 
local industrial adjustment agencies as it may deem desirable, each 
of which shall be constituted in like manner as the Industrial Rela- 
tions Committee. 

Article IX — Modification 

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

Section 2. Such of the provisions of this Code as are not required 
to be included herein by the Act may, with the approval of the Ad- 
ministrator, be modified or eliminated in such manner as may be 
indicated by the needs of the public, by changes in circumstances, 
or by experience. 

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 discrimi- 
nate against small enterprises. 

Article XI — Price Increases 

Wliereas the policy of the Act to increase real purchasing power 
will be made more difficult of consummation if prices of goods and 
services increase as rapidly as wages, it is recognized that price in- 
creases except such as may be required to meet individual cost should 
be delayed, and when made such increases should, so far as possible, 
be limited to actual additional increases in the seller's costs. 

Article XII — Retail Kosher Meat Trade 

There is hereto attached marked Schedule "A", Supplementary 
Code of Fair Competition for the Retail Kosher Meat Trade, which 
said supplementary schedule is a part of this Code and shall be bind- 
ing as therein set forth. 



32 



Article XIII — Effective Date 



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



Approved Code No. 540. 
Registry No. 132-34. 



EXHIBIT I 



Schedule of Official Market Grades and Classifications of Dressed Lamb — 
Yearling Mutton and Mature Mutton — Carcasses and Cuts, as promulgated, 
prescribed and approved by the rules and regulations cf the Secretary of Agri- 
culture, Dept. of Agriculture of United States Federal Govemment. 

LAMB CARCASSES AND CUTS 

Prime or #A1 
Choice of #1 
Good or #2 
Metlium or #3 
Common or #4 
Cull or #5 

MUTTON CARCASSES AND CUTS 



Yearling : 

Prime or #A1 
Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cull or #5 



Mature : 

Prime or #A1 
Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cull or #5 



DRESSED BEEF 



Class 



Grade 



Carcass Beef. 



Heifers- 



Cows. 



Rulls_ 



Stags. 



fPrime or #A1 
'""hoice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cutter or #5 
Low Cutter or #6 

Prime or #A1 
Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cutter or #5 
Low Cutter or #6 

Choice or #1 
Goud or #2 
Medium or #3 
(^ommon or #4 
Cutter or #5 
Low Cutter or #6 

Choice or #1 
Good or #2 
Medium or #3 
Conmion or #4 
Cutter or #4 
Low Cutter or #6 

Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cutter or #5 
Low Cutter or #6 



33 



VEAL-CAKCAS3 SC'HEDtlLE 



Class 


Weight Selections i 


Grade 




/Lightweight, 70 pounds down_ 


[Choice or #1 
Good or #2 


Steer, Heifer, Bull 


Mediumweight, 70 to 110 lbs 


Common or #4 
ICulI or #5 

[Prime or #A1 
Choice or #1 




^Heavyweight, 110 lbs. up.. 


Medium or #3 
ICommon or #4 

[Prime or #A1 
IChoiceor #1 






1 Good or #2 
[Medium or #3 



• These weights are "skin off." To obtain "skin on" weights add 10 percent. In wholesale trade most 
veal carcasses are sold "skin on." 

GRADES OF VEAL CARCASSES 

There are six grades of veal carcasses : Prime or No. Al, Choice or No. 1, 
Good or No. 2, Medium or No. 3, Common or No. 4, and Cull or No. 5. (Pis. 4 
and 5.) 

DBESSED-PORK-CARCASS SCHEDULE 



Class 



Grade 



Barrows and Gilts 

Sows 

Stags 

B oars 



Roasting-pork carcasses, 10 to 30 pounds 

Shipper-pork carcasses, 80 to 110 pounds 

Meat-type (bacon) pork carcasses, 130 to 240 pounds. 
,Fat-type (butcher) pork carcasses, 130 to 240 pounds. 
Sow (packing) pork carcasses, 200 to 320 pounds 



Processing or manufacture, 200 to 400 pounds. 
Manufacture (inedible), all weights 



34 



CALF-CAKCASS SCHEDULE 



Steer. 



Heifer. 



Bull. 



I 
Lightweight, 110 lbs. down 

(Mediumweight, 110 to 165 lbs - - 

Heavyweight, 165 pounds up 

Lightweight, 110 pounds down 

(Mediumweight, 110 to 165 lbs. 

Heavyweight, 165 pounds up 

Lightweight, 110 pounds down 

(Mediumweight, 110 to 165 lbs 

Heavyweight, 165 lbs. up 



Good or #2 
Medium or #3 
Common or #4 
Cull or #5 

i Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cull or #5 
i Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
(Good or §2 
I Medium or #3 
I Common or #4 
I Cull or #5 

I Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cull or #5 
(Choice or #1 
JGood or #2 
I Medium or #3 
(Common or #4 

I Good or #2 
Medium or #3 
Common or #4 
Cull or #5 
i Choice or #1 
Good or #2 
Medium or #3 
Common or #4 
Cull or #5 
I Choice or #1 
Good or #2 
Medium or #3 
Common or #4 



• These weights are "skin off." To obtain "skin on " weights add 10 percent. Most carcasses from very 
young calves are sold "skin on" in wholesale trade, whereas those from older and heavier calves are sold 
J'skin ofl" in sides like beef. 



SCHBaJTILE "A" 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE RETAIL 
KOSHER MEAT TRADE OF THE UNITED STATES 

A orvisroN of the retail meat trade 

In addition to the foregoing provisions of this Code, the following supple- 
mental provisions shall apply to the Retail Kosher Meat Trade. All provisions 
of the Master Code which are not in conflict with the following supplemental 
provisions are hereby specifically incorporated by reference in such supple- 
mental provisions and are made part hereof. Such provisions of the Master 
Code and the provisions of this Supplementary Code are the standards of fair 
competition for and are binding upon every member of the said Retail Kosher 
Meat Trade. 

Article I — Defintiions 

Section 1. (a) The term " Retail Kosher Meat Trade" as used herein means 
and includes the sale and distribution of meats and/or poultry and/or provi- 
sions prepared and maintained in accordance with the orthodox Jewish religious 
requirements, directly to the consumer and not for the purpose of resale, but 
shall not include the selling of delicatessen products in delicatessen shops or 
the selling of fresh or prepared meats in establishments for consumption upon 
the premises, or the selling of delicatessen products prepared in establishments 
ready for consumption elsewhere. 

(b) The term "Member of the Trade" as used herein includes, without 
limitation, any individual, partnership, association, corporation or other form 
of enterprise engaged in the trade either as an employer or on his or its own 
behalf. 

(c) The tei-m "employee" as used herein includes any and all persons 
engaged in the retail Kosher meat trade, however, compensated, except a 
member of the trade. 

( d ) The term " employer " as used herein includes anyone by whom such 
employee is compensated or employed. 

(e) The term "Master Code" means the Code of Fair Competition for the 
Retail Meat Trade. 

(f ) The term " retail Kosher meat establishment " as used herein means any 
store or department thei-eof, or shop, stand, or other place where the principal 
business is the selling of Kosher meats at retail. 

(g) The term "Kosher" when applied to any product or foodstuff means 
that such article conforms to and is prepared and maintained in accordance 
with the orthodox Jewish religious requirements. 

Article II — HotrRS 

SEcmoN 1. No employee shall be permitted to work in excess of forty-eight 
(48) hours in any one week or eight (8) hours in any twenty-four (24) hour 
I)eriod, except that on Thursday employees may be permitted to work not in 
excess of ten (10) hours, and excepting further managers, as specified in 
subsection (a) of Section 1 of Article III of the Master Cotle. 

Section 2. During the week immediately preceding the Jewish holidays of 
Rosh Hashonah (Jewish New Year), Yom Kippur (Day of Atonement), Pes- 
sach (Passover), Shevnoth (Feast of Weeks), Succoth (Feast of Tabernacles), 
and during the week immediately preceding these holidays enumerated in the 
Master Code employees may be permitted to work in excess of the hours herein 
provided, except -however, that the total number of hours of work shall not 
exceed fifty-six (56) hours in any week and shall be compensated for by not 
less than one and one-third (1%) times the normal rate of pay for all hours 

(35) 



36 

worked in excess of forty-eislit (48) hours in any week or eight (8) hours in 
any day, except on Thursday, when compensation shall be at the rate of one 
and one-third (1%) times the normal rate of pay for all hours worked in excess 
of ten (10) hours; and provided further, that it shall not be required that pay- 
ment at such excess rate be made for overtime if the employee otherwise en- 
titled to the same receives payment in full at the normal rate of pay for an 
equal amount of time allowed away from his employment during the holiday 
week immediately following. 

Section 3. In any retail trade area, town, or city the retail Kosher meat 
establishment may, by mutual agreement of not less than seventy-five percent 
(75%) of all retail Kosher meat establishments and seventy-five percent (75%) 
of all retail Kosher meat establishments employing one or less employees, sub- 
ject to approval of the Administrator, establish uniform store operating hours 
which shall be binding upon all retail Kosher meat establishments within such 
area, town or city for a period not to exceed one (1) year, subject to renewal 
by similar mutual agreement. 

Hours so established shall not be less than sixty-three (63) hours per week, 
except that any establishment which was operating upon a schedule of less than 
sixty-three (63) hours per week on June 1, 1933, may continue to operate on 
Buch basis but shall not reduce such hours. 

Abticle IV — Wages 

Section 1. No employee engaged in the actual cutting or preparing of meats 
for sale or in assisting in such cutting or preparing shall be paid less than at 
the rate of twenty-five dollars ($25.00) per week in any metropolitan area of 
1,000.000 or more population, or less than at the rate of twenty dollars ($20.00) 
per week elsewhere. 

Section 2. Where an employer is bound by the terms of an agreement or 
collective agreement, concluded prior to the date of approval of this Code, to 
pay either minimum or piece rate wages higher than those set forth in this 
Code, or to observe other hours lower than those provided in this Code, nothing 
contained in this Code shall be deemed to replace the terms of such agreement 
or collective agreement, unless said agreement is changed by mutual consent. 
In no case shall such changes result in wages lower than those prescribed in the 
Code, or any hours longer than those prescribed in this Code. 

Section 2. Any agreement between an employer and an employee or any 
collective agreement between employers and a union or group of employees may 
fix other wages and hours than those set forth in this Code ; provided that no 
such agreement may fix maximum hours in excess of those provided in this 
Code, or mininumi piece rates and wages lower than those provided in this 
Code. 

Section 3. None of the provisions of this Code shall be construed or applied 
in such manner that the minimum wages provided herein become maximum 
wages, and the duties delegated to the Code Authority shall include a report 
with respect to the question of whether the minimum wages provided herein 
are in fact tending to become maximum wages. 

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

organization and constitution 

Section 1. A Code Authority is hereby established consisting of eleven (11) 
persons to be selected in the following manner: 

(a) Seven (7) persons to be selected by the Board of Directors of the 
Federation of Kosher Butchers of Greater New York, Inc. 

(b) Four (4) persons to be elected by the members of the associations 
affiliated with the Federation of Koslier Butchers of Greater New York, Inc., 
at an election to be conducted by said Federation of Kosher Butchers of Greater 
New York, Inc., within thirty (30) days after the date of approval of this 
Code. 

Section 2. In addition to membership as above provided, there may be from 
one (1) to three (3) members, without vote, to be known as Administration 
members, to be appointed by the Administrator to serve for such terms as he 
may specify. 



37 

POWERS AND DUTIES 

Section 3. The Code Authority shall have all the powers and duties with 
respect to the retail Kosher meat trade as are provided iu Article VI of the 
Master Code. 

Article VII — Trade Practice Rules 

The following additional described acts shall constitute unfair methods of 
competition and the same are hereby prohibited : 

Section 1. (a) Selling, offering, advertising, or exposing for sale as Koslier 
any meats, poultry, or provisions which are not in fact Kosher. 

(b) Keeping open or permitting to be kept open a retail Kosher meat 
establishment for the purpose of conducting business or for any other purpose 
whatsoever during the period each week from Friday sundown to Saturday 
sundown or during Jewish religious holidays of Rosh Hashonah (Jewish New 
Year), Yom Kippur (Day of Atonement), Pessach (Pas.sover), Slievuoth 
(Feast of Weeks) Succeth (Feast of Tabernacles). 

(c) Using Kosher stamps, marks, or symbols on meats, poultry, or provi- 
sions, or mutilating, or eradicating such symbols so as to mislead or deceive 
the consumer regarding the Koslier character of such meats, poultry, or 
provisions. 

Article VIII — Inspection of Records 

Section 1. Each member of the trade shall keep accurate and complete 
records of its transactions in the trade 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 Ad- 
ministrator 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 agency, agreed upon between tlie Code Authority 
and such member, or, in the absence of agreement, appointed by the Admin- 
istrator. In no case shall the facts disclosed by such examination be made 
available in identifiable form to any competitor, whether on the Code Author- 
ity or otherwise, or be given any other publication, except such as may be 
required for the proper administration or enforcement of the provisions of this 
Code. 

Article IX — Modification 

Secttion 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 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. 

Section 2. Such of the provisions of this Code as are not required to be 
included herein by the Act may, with the approval of the Administrator, be 
modified or eliminated in such manner as may be indicated by the needs of the 
public, by changes in circumstances, or by experience. 

o 



Approved Code No. 541 
CODE OF FAIR COMPETITION 

FOR THE 

FLAT GLASS MANUFACTURING INDUSTRY 
As Approved on December 22, 1934 



ORDER 



Code of Fair Competition for the Flat Glass Manufacturinq 

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 Flat Glass Manufacturing Industry, and 
hearing having been dul}^ 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 au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No/6859, dated September 27, 1934, and otherwise; 
does hereby incoi-jDorate by reference said annexed report and does 
find that said 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 Code of Fair Competition be 
and it is hereby approved, subject, however, to the condition that the 
provisions of Article III, Section 2 (d) be stayed pending further 
order of the National Industrial Recovery Board. 

National Industrial Reco"\tery Board, 
By W. A. Harriman, Administrative OiJicer. 

Approval recommended : 

^\. p. Ellis, 

Acting Division Admimstrator. 

Washington, D. C, 

December 22, 1934. 

104328° 1385-131 34 (39) 



REPOKT TO THE PEESIDENT 

The President, 

The WkHe House. 
Sir: This is a report on the Code of Fair Competition for the 
FLat Ghiss Manufacturing Industry, as revised after a public hearing 
conducted in Washington, D. C, on October 30, 1933, in accordance 
with the provisions of Title I of the National Industrial Recovery 
Act. 

THE INDUSTRY IN GENERAL 

1. The Flat Glass Manufacturing Industry as defined by the Code 
embraces all establishments engaged in the manufacture and primary 
sale of flat glass, except common window glass, the latter being 
another flat glass product included under a separate code. The 
Industry at this time consists of eighteen distinct members. The In- 
dustry is sub-divided into four sub-divisions, namely: (1) Plate 
Glass Division, (2) Rough, Rolled and Wire Glass Division, (3) 
Structural Glass Division, (4) Safety Glass Division. Two of the 
five members of the Plate Glass Division produce and sell approxi- 
mately 94% of all plate glass; one of the members of the Rough, 
Rolled and Wire Glass Division produces and sells approximately 
48 7o of all Rough, Rolled and Wire Glass; one of the members of the 
Structural Glass Division produces and sells approximately 45% of 
all Structural Glass (this member being one of the two previously 
mentioned in the Plate Glass Division) ; and two of the members of 
the Safety Glass Division produce and sell approximately 96% of 
all safety glass (these two members being the same two members 
previously mentioned in the Plate Glass Division, and one of the 
two being the same member previously mentioned in the Structural 
Glass Division), These two concerns operating in the several Divi- 
sions produce and sell approximately 91% of the total dollar value 
of all products of this industry. 

PROVISIONS or THE CODE AS TO HOURS, WAGES AND GENERAL LABOR 

PROVISIONS 

1. This Code provides that no employee shall be permitted to 
work more than seventy-two (72) hours in any fourteen (14) day 
period nor more than six (6) days m any seven (T) 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 : 

(40) 



41 

(a) Employees from the immediately preceding shift, engaged 
in the non-continuous processes of the industry which operate twenty- 
four (24) hours per clay may be permitted to work not more than 
four (4) additional hours and not more than a total of forty -two 
(42) hours in any seven (T) day period without the payment of 
overtime if his services are required by reason of the failure of 
another regular employee to report or remain at work. 

(b) EmjDloyees engaged in the continuous processes of the indus- 
try 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 twentj^-four (24) hour period except that (1) in order to 
provide for the rotation of shifts, each such employee may be per- 
mitted to work six (6) additional hours in any one twenty-four (24) 
hour period in each fourteen (14) clay period without the payment 
of overtime, and (2) each such employee from the immediately pre- 
ceding shift may be permitted to work six (6) additional hours in 
any seven (7) day period without 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. 

(c) Employees engaged in clerical, office or sales work (exclusive 
of those engaged as bookkeepers and accountants) may be permit- 
ted to work not more than forty (40) hours in any one 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 one 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, w^ithout the payment of overtime, pro- 
vided that the total for such seven (7) day period is not in excess of 
forty (40) hours. 

(d) During any one seven (7) day period in any month or four 
(4) weeks accounting period any employee engaged as a bookkeeper 
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 equiva- 
lent time off is given such employee during the balance of the same 
month or accounting period, so that the average of such employee's 
hours during said month or four (4) weeks accounting period, does 
not exceed forty (40) hours per seven (7) day period; and further 
each such employee may be permitted to work not more than six (6) 
additional hours in any seven (7) day period, provided that at least 
one and one-half (1%) times the normal rate of pay is paid for all 
hours worked in excess of nine (9) hours in any twenty-four (24) 
hour period during such first mentioned seven (7) day period, or in 
excess of eight (8) hours in any twenty-four (24) hour period dur- 
ing the balance of the month or accounting period. 

(e) Employees engaged as watchmen may be permitted to work 
not more than eighty-four (84) hours in any one fourteen (14) day 
period. 

2. This Code exempts from hourly, weekly or othei* periodic limi- 
tations persons employed in a managerial or executive capacity who 
earn not less than thirty-five dollars ($35.00) per week and employees 
engaged in emergency maintenance or emergency repair work pro- 
vided, however, that in cases of emergency maintenance or emergency 



42 

repair work, at least one and one-haif (iy2) times their normal rate 
of pay is paid for all time worked in excess of the maximum pro- 
vided in Article III. 

3. This Code establishes minimum rates of pay of forty cents 
($.40) and thirty-five cents ($.35) per hour for all classes of em- 
ployees except those engaged in clerical and office work, in the 
Northern 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 minimum rates of pay for all employees 
irrespective of whether the employee 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- 
ment shall be made in those cases where such equitable adjustments 
have not been made since July 1, 1933, and that reports in respect 
thereto shall be submitted by "^ the Code Authority to the Adminis- 
trator. 

6. This Code also includes provisions respecting: 

(a) Evasion through re-employment, and 

(b) Keclassification of Employees, and 

(c) Standards 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 (18) years of age 
shall be employed 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 eflfective 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 production of the Plate Glass Division (which constitutes 
approximately 50% of this industry) declined from 150,504,000 
square feet in 1929 to 86,037,000 square feet in 1933 or about 43%. 
While no figures are given for the production of the Structural 
Glass and Rough Rolled and Wire Glass Divisions, it is assumed 
that they suffered the same decline inasmuch as they, like the Plate 
Glass Division, depend largely on construction activity for their 
market. In the Safety Glass Division production in 1933 was 
greater than in 1929 due to the increasing demand for its products 
in the Automotive Industry. Sales for the entire industry totaled 
$32,570,000 in 1933. Sales for the first six months of 1934 were 
73.6% of the sales for the entire year 1933 indicating a substantial 
upturn in the industry. 



43 

2. While complete and accurate statistics on employment within 
the industry are not available, it is estimated that the' total number 
of employees in the industry in 1929 was about 16,880, and in the 
first part of 1933 about 8,000. In the latter part of 1933 the number 
of employees was estimated to be about 11,000 due both to the opera- 
tion of the President's Reemployment Agreement and the upturn 
in business. Based on Bureau of Labor Statistics covering " Trend 
of Employment" for all glass manufacturers, it would appear that 
in this industry from June, 1933 to June, 1934 employment increased 
31.6%. Average hours worked decreased from 42.1 to 33.5 or 17% 
while average hourly earning increased from 44^ to 55^ or 19.6% 
with the net result that average weekly earnings decreased from 
$18.97 to $18.42 or 0.8%. 

3. Increased employment due to the thirty-six (30) 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 and 
the first half of 1934, should restore the industry to the 1929 level, 
and in conclusion it may be stated that, even if the operation of the 
Code does not greatly increase average wages, the position of the 
industry will be reasonably good, provided that reductions of weekly 
earnings do not result from the shortening of hours. 

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 in- 
dustry for the purpose of cooperative action among the trade groups, 
by inducing and maintaining united action of labor and manage- 
ment uder adequate governmental sanctions and supervision, by 
eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by 
reducing and relieving unemploj^ment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

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

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



44 

(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 he heard prior to approval of said Code. 

For these reasons, therefore, we have approved this Code. 

For the National Industrial Recovery Board : 

W. A. Haeeiman, 
Adininistrative Ofjicer. 

December 22, 1934. 



CODE OF FAIR COMPETITION FOR THE FLAT GLASS 
MANUFACTURING INDUSTRY 

Article I — Purposes 

To effect the policies of Title I of the National Industrial Recov- 
ery Act, this Code is established as a Code of Fair Competition for 
the Flat Glass Manufacturing Industry, and its provisions shall be 
the standards of fair competition for such Industry and shall be 
binding upon every member thereof. 

Article II — Definitions 

Section 1. The term " Flat Glass Manufacturing Industry " or 
" Industry " as used herein is defined to mean and include the 
manufacture and the primary sale of the products of this Industry, 
or any one of them. 

The term " sale " shall be deemed to include, but without limita- 
tion, shipments of products of this Industry, 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 the 
products of this Industry made by a member of the Industry to a 
consignment account. The operation of establishments (including 
distributing agencies) engaged in the distribution of the products, 
either owned or controlled directh^ or indirectly by a member of the 
Industry, shall not be subject to this Code. 

Section 2. The term " Flat Glass '' or " products of this Industry " 
is defined to mean and include the following types of flat glass 
having two (2) approximately parallel surfaces : Plate Glass, Rolled 
Glass, Rough Glass, Ribbed Glass, Structural Glass, Safety and/or 
Laminated Glass, Wire Glass, including Figured Glass, Colored and 
Opalescent Glass, and Ornamental Plate Glass, but excluding Com- 
mon Window Glass and Optical Glass. 

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

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

Section 5. The term '' employer " as used herein includes anyone 
by whom such employee is compensated or employed. 

"^ Section 6. 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, withdra\ving 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 

104::i'S° iyS5-lSl "4 -2 (J,j) 



46 

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, sand grading and water producing operations necessarily 
incident to such continuous operations. 

Section 7. The term " Code Authority " as used herein is defined 
to mean the Code Authority constituted under Article VI hereof. 

Section 8. The term " Division of the Industry " means any Divi- 
sion of the Industry described in Section 2 of Article VI hereof. 

Section 9. The term " Divisional Committee " means any Divi- 
sional Committee described in Section 3 of Article VI hereof. 

Section 10. The term " Planning Committee " as used herein, 
means the Planning Committee appointed by the members of the 
Industry and authorized to prepare and submit this Code. 

Section 11. The terms " President ", "Act ", and "Administrator ", 
as used herein, are defined to mean, respectively, the President of 
the United States, Title I of ihe National Industrial Kecovery Act, 
and the National Industrial Recovery Board. 

Section 12. 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, Missouri, Mississippi, Tennessee, Arkansas, Oklahoma, Kansas 
and Texas. 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. 

Article III — Hours 

Section 1. McDximum Hours. — No emploj^ee, 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) days in any seven (7) day period; and no employee, 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 
(1^) 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; and 
except that an employee from the immediately preceding shift, en- 
gaged in the non-continuous processes of the Industry which operate 
twenty-four (24) hours per day, may be permitted to work not 
more than four (4) additional hours, and not more than a total of 
forty -two (42) hours in any seven (7) day period without the pay- 
ment of overtime if his services are required by reason of the failure 
of another regular employee to report for or remain at work. 

Section 2. Exceptions as to Hours. — (a) Employees engaged in 
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 employee may be permitted to work six (6) 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 



47 

such employee from the immediately preceding shift may be per- 
mitted to work six (6) additional hours in any seven (7) day period 
without 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 who engage in clerical, oiRce or sales work (ex- 
clusive of employees covered by sub-section (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) 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 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 month of four 
weeks' accounting period any employee engaged in bookkeeping or 
accounting work 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 equiva- 
lent time off is given such employee during the balance of the same 
month or accounting period, so that the average of such employee's 
hours during said month or four weeks' accounting period, does not 
exceed forty (40) hours i^er seven (7) day period; and further each 
such employee may be permitted to work not more than six (6) 
additional hours in any seven (7) day period, provided that at least 
one and one-half (1^/2) times their normal rate of pay is paid for all 
hours worked in excess of nine (9) hours in any twenty-four (24) 
hour period during such first mentioned seven (7) day period, or in 
excess of eight (8) hours in any twenty-four (24) hour period during 
the balance of the month or accounting period ; 

(d) The maximum hours established above shall not apply during 
the period of peak load and seasonal demand of the automotive in- 
dustry to members of the Industry which manufacture plate glass 
and/or safety glass where restriction of hours would unavoidably 
reduce production. Accordingly emploj^ees of members of the In- 
dustry which members manufacture plate glass and/or safety glass 
for the automotive industry and which employees are directly en- 
gaged in the manufacture and/or preparation and furnishing and 
shipping of such glass may be permitted during any one consecutive 
period of not more than fourteen (14) weeks in any one year to 
work not more than forty-eight (48) hours in any seven (7) day 
period and not more than eight (8) hours in any twenty-four (24) 
hour period without the payment of overtime, but in no case shall 
such employees be permitted to work in excess of forty-eight (48) 
hours in any seven (7) day period or eight (8) hours in any twenty- 
four (24) hour period.^ 

(e) Employees engaged as watchmen shall not be permitted to 
work more than eighty-four (84) hours in any one fourteen (14) 
day period. 



1 Stayed — See paragraph 2 of order approving this Code. 



48 

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 involv- 
ing breakdowns or the protection of life or property, provided, how- 
ever, 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 Eonployers. — No employer 
shall knowingly permit an}^ employee to work for any time which 
when totaled with that already periormed with another employer in 
this or any other Industry exceeds the maxima permitted herein. 

Article IV — Wages 

Section 1. Mininwm Wage. — No employee shall be paid less than 
at the rate of thirty-five cents ($0.35) per hour in the southern section 
of the Industry or less than at the rate of forty cents ($0.40) per hour 
in the northern section of the Industry, except as herein otherwise 
provided. 

Section 2. Minimmix Wage for Clerioal and 0-fflce Employees. — 
No person employed in clerical or office work shall be paid less than 
at the rate of $15.00 per week. 

Section 3. Female Employees. — Female employees performing 
substantially the same work as male employees shall receive the 
same rate of pay as male employees. 

Section 4. Piecetoork Compensation — Mindmitm Wages. — This 
Code establishes minimum rates of pay which shall apply irrespec- 
tive of whether an employee is actually compensated on a time rate, 
piecework or other basis. 

Section 5. Evasion through Reemployment. — No employee now 
employed at a rate in excess of the minimum shall be discharged 
and re-employed or replaced by another employee at a lower rate 
for the purpose of defeating or evading the provisions of this Code. 

Section 6. Wages above the Minimum. — For those employees re- 
ceiving compensation in excess of the minimum wage rates, equitable 
adjustment shall be made in those cases where such equitable ad- 
justments have not been made since July 1, 1933. Within thirty 
(30) days after the effective date of this Code each member of the 
Industry shall submit to the Code Authority a detailed report show- 
ing the number of employees, hours of work, and hourly rates of 
wages and weekly compensation for each labor classification for a 
representative pay period prior to July 1, 1933, and for the repre- 
sentative pay period ending next before the date of the report. Such 
reports shall be promptly forwarded by the Code Authority to the 
Administrator. 

Section 7. Handico.pped Persons. — A person whose earning ca- 
pacity is limited because of age or physical or mental handicap or 
other infirmities may be employed on light work at a wage below 
the minimum established by this Code, if the employer obtains from 
the State Authority, designated by the United States Department 
of Labor, a certificate authorizing his employment at such wages 



49 

and for such hours as shall be stated in the certificate. The State 
Authority shall be guided by the instructions of the United States 
Department of Labor in issuing 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 V — General Labor Provisions 

Section 1. Child Labor Provisions. — 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 deemecl 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 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 in 
self -organization or in other concerted activities for the purpose of 
collective bargaining or other mutual aid or protection. 

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

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

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

Section 4. Standards for Safety and Health.— Evevy employer 
shall make reasonable provision for the safety and health of his 
employees at the place and durhig the hours of their employment. 
Standards for safety and health'shall be submitted by the Code 
Authority to the Administrator within three (3) months after the 
effective date of this Code. 

Section 5. Federal or State Laws. — No provisions in this Code 
shall supersede any Federal or State Law which imposes on em- 
ployers more stringent requirements as to age of employees, wages, 
hours of work, or as to safety, health, sanitary, or general working 
conditions, or insurance, or fire protection than are imposed by this 

Code. ., ,, 

Section 6. Payment of Wages. — All wages shall be paid weekly, 
semi-monthly or monthly in lawful currency or by negotiable check 
therefor, payable on demand. These wages shall be exempt from 



50 

any deductions other than those expressly authorized by the em- 
ployee or required by law. Employers or their agents shall not ac- 
cept, directly or indirectly, rebates on such wages, or give anything 
of value nor extend any favors to any person for the purpose of in- 
fluencing rates of wages or Avorking conditions of their employees. 

Section 7. Dis-7nlssah. — 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. Posting. — Each member of the Industry shall post and 
keep posted copies of this Code and all amendments thereto which 
may hereafter be made, in conspicuous places accessible to all em- 
ployees. 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 or the Code 
Authority and Divisional Committees — Code Administration 

Section 1. Code Authority. — A Code Authority for the Flat Glass 
Manufacturing Industry is hereby constituted to cooperate with the 
Administrator in the administration of this Code. 

Section 2. Divisions of the Industry. — For the purpose of the 
administration of this Code, the Flat Glass Manufacturing Indus- 
try shall be divided into four divisions, as follows : 

Safety Glass Division — This Division shall include the manu- 
facture of safety or laminated glass. 

Plate Glass Division — This Division shall include the manufacture 
of ])late glass. 

Rough, Rolled and Wire Glass Division — This Division shall in- 
clude the manufacture of rough, rolled and Avire glass, including 
figured glass, colored and opalescent glass, and ornamental plate 
glass. 

Structural Glass Division — This Division shall include the manu- 
facture of glass colored prior to solidification, either fire polished or 
ground and polished, and not less than 3/lG" in thickness. 

Section 3. Divisional Goinniittees. — Within twenty (20) days 
after the effective date of this Code there shall be constituted a 
Divisional Committee for each Division of this Industry. Each 
Divisional Committee shall consist of one (1) representative ap- 
loointed by and selected from each member of the Industry within 
such Division. 

Section 4. Code Authority. — Within thirty (30) days after the 
effective date of this Code there shall be constituted a Code Au- 
thority. The Code Authority shall consist of two (2) representa- 
tives from each DiA^ision of the Industry (avIio may or may not be 
members of the Divisional Committee) and selected by a A^ote of the 
Divisional Committee in each Division in accordance Avith the 
methods of voting hereinafter set forth in Section T of this Article. 
No member of the Industry (including subsidiaries of affiliates) 
shall haA'e more than one (1) rei)resentative on the Code Authority. 

Section 5. (a) The Planning Committee is hereby designated as 
an agency to organize the scA^eral Divisional Committees and to con- 
duct the first elections of the members of the Code Authority. 



51 

(b) Within ten (10) days after the effective date of this Code, the 
Planning Committee shall" forward by registered mail to all known 
and ascertainable members of the Industry and to the Administrator 
all pertinent information relating to the appointment by each mem- 
ber of the Industry of its representative on the Divisional Committee 
and the selection of the Industry members of the Code Authority. 

Section 6. Memhers aj^pohited ~by the Administrator. — In addi- 
tion to 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, together 
with the Administrator, shall be given due notice of and may sit at 
all meetings of the Code Authority and/or of any Di^dsional 
Committee. 

Section 7. Deolsiotis of the Divisional Convmittees. — All decisions 
of each Divisional Committee to be binding on its Division of the 
Industry (including its selection of members of the Code Authority) 
must receive the afiirmative vote of a majority of the members of the 
Divisional Committee and also the affirmative vote of not less than 
two (2) members of the Divisional Committee appointed by mem- 
bers of the Industry representing in the aggregate not less than fifty- 
one per cent (51%) of the total net dollar value or feetage of ship- 
ments of the products of that Division of the Industry during the 
two (2) calendar years preceding the year in which any such vote is 
taken. A majority of the Divisional Committee in each Division 
shall have the power to determine whether the net dollar A'alue or 
feetage basis is adopted in its division. 

Section 8. Decisions of th^ Code Authority. — No action, deter- 
mination, or other rule or regulation of the Code Authority shall be 
binding on the members of the Industry unless and until it shall have 
received an affirmative vote of a majority in number of the members 
of the Code Authority. Each member of the Code Authority shall 
have equal voting power. If at any time the Code Authority cannot 
reach a decision, the matter at issue shall be referred within five 
(5) da3's to the Administrator for consideration and determination 
and his decision shall be final and binding on all members of the 
Industry. 

Section 9. Reference to Code Authority and Administrator . — If 
at any time any Divisional Committee cannot reach a decision as 
hereinbefore provided, the matter at issue shall be referred within 
five (5) days to the Code Authority for consideration and deter- 
mination and its decision shall be final and binding, subject only to 
the rights of the Administrator with respect to decisions of the Code 
Authority as set forth in Section 19 of this Article VI or contained 
in the Act. Should any Divisional Committee be unable to reach a 
decision with respect to the selection of the members of the Code 
Authority, that particular question shall be referred to the Admin- 
istrator for consideration and decision and his decision shall be final 
and binding on all membei*s of the Industry. 

Section 10. Terms of Office. — Each Industry member of the Code 
Authority shall be selected for a term not to exceed one (1) ye^r. 
Elections to the Code Authority, subsequent to the first, shall be held 
at the annual meetings of the Divisional Committees. In the event 



52 

of any vacancy in the membership of the Code Authority, a special 
meeting of the members of the appropriate Divisional Committee 
shall be called and an election held to fill the incomplete term of such 
membership within thirty (30) days after such vacancy shall have 
occurred. 

Section 11. Partlc'ipat'nig Trade Associations. — Each trade or in- 
dustrial association, directed or indirectly participating in the selec- 
tion or activities of the Code Authority or of any Divisional Com- 
mittee, shall (1) impose no inequitable restrictions on membership, 
and (2) submit to the Administrator true copies of its articles of 
association, by-laws, regulations, and any amendments when made 
thereto, together with such other information as to membership, 
organization, and activities as the Administrator may deem neces- 
sary to effectuate the purposes of the Act. 

Section 12. Rejrt'esentative Character of 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, he may require an appropriate modifica- 
tion of the Code Authority. 

Section 13. Nan-LiahlUfy of Members of the Code AuthoHty or 
of any Divisional Committee for Official Acts. — Nothing contained 
in this Code shall constitute the members of the Code Authority 
partners for any purpose or the members of any Divisional Com- 
mittee partners for any purpose. Nor shall any member of the Code 
Authority or of any Divisional Committee be liable in any manner 
to anyone for any act of any other member, officer, agent or employee 
of the Code Authority or of any Divisional Committee. Nor shall 
any member of the Code Authority or of any Divisional Committee 
exercising reasonable diligence in the conduct of his duties herein, 
be liable to anyone for any action or omission to act under the Code 
except for his own wilful malfeasance or nonfeasance. 

Section 14. Powers and Duti-es of the Code Authority. — Subject 
to such rules and regulations as may be issued by the Administrator 
the Code Authority shall have the following powers and duties (in 
addition to those provided elsewhere in this Code) : 

(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 
subject to the approval of the Administrator. 

(c) To be the general coordinating body of the Industry, advising 
with each Divisional Committee with respect to the activities of such 
Divisional Committee to the end that the policies and activities of 
such Divisional Committee may be unified and coordinated between 
the Divisions. 

(d) 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. 



53 

(e) To cooperate with the Administrator in regnlatinty the use of 
any N. K. A. insignia according to such rules and reguhitions as the 
National Recovery Administration may prescribe, 

(f ) To use such trade associations and other agencies as it deems 
joroper to carry out any of the activities provided for herein, pro- 
vided, hov^ever, 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. 

(g) To investigate and inform the Administrator on behalf of 
the Industry as to importation of competitive articles into the 
United States in substantial quantities or increasing ratio to domestic 
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 Industry under 
the provisions of the Act with respect thereto. 

(h) 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 Re- 
covery Act and the operation of this Code in respect thereto, and 

(bb) to prevent the elimination or oppression of and discrimina- 
tion against small enterprises, and 

(cc) stabilize emplojmient, 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. 

(i) 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 Au- 
thority, members of the Industry shall furnish such statistical in- 
formation as the Administrator may deem necessary for the purposes 
recited in Section 3 (a) of the Act to such Federal and State agencies 
as the Administrator may designate. No provision of this Code shall 
relieve any member of the Industiy of any existing obligation to 
furnish reports to Government agencies. No individual reports sub- 
mitted 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. 

(j) 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, the 
Code Authority is authorized : 

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

(bb) To submit to the Administrator for his approval, subject to 
such notice and opportunity to be heard as he may deem necessary, 



54 

(1) an itemized l3iicl2;et of its estimated expenses including estimated 
expenses of the Divisional Committees for the foregoing purposes, 
and (2) an equitable basis upon which the funds necessary to sup- 
port such budget shall be contributed by members of the Industry; 

(ee) After such budget and basis of contribution have been ap- 
proved by the Administrator, to determine and secure equitable con- 
tribution's above set forth by all members of the Industry, and to 
that end, if necessary, to institute legal proceedings therefor in its 
own name. 

(dd) Each member of the Industry shall pay his or its equitable 
contribution to the exj^enses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Adjiiinistrator. Only 
members of the Industry complying with the Code and contributing 
to the expenses of its administration as hereinabove provided (unless 
duly exempted from making such contribution), shall be entitled to 
participate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

(ee) The Code Authority shall neither incur nor pay any obli- 
gation substantially in excess of the amount thereof as estimated in 
its approved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
Administrator ; ajid 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. 

(k) To appoint a trade practice committee which shall meet with 
the trade practice committees appointed under such other codes as 
may be related to this industry for the purpose of formulating fair 
trade practices to govern the relationsliips 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 Adminis- 
trator as amendments to this Code and such other codes. 

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

Section 15. Poxcers and Duties of the Divisional Committees. — 
(a) Each Divisional Committee shall administer this Code in its 
respective division in accordance with such powers and duties as 
may be delegated to it by the Code Authority and subject to the 
right of the Code Authority to suspend, investigate, approve, dis- 
approve, or modify the decisions of any Divisional Committee and 
subject to the right of appeal hereinafter in this Article provided 
for from any such decision. 

(b) To make a study of all matters affecting the Industry and 
the conduct of the business of the Industry within its particular 
Division to the end that each Divisional Committee may submit to 
the Code Authority recommendations with respect to the adoption 
of trade practices, systems of cost finding and/or rules respecting 
filing of price schedules applicable to the Industry as a whole or to 
its particular Division of the Industry and recommendations with 
respect to any other amendments or additions to this Code affecting 
a iDarticular Division of the Industry or the Industry generally, 



55 

which recommendations upon approval by the Code Authority and 
aj)proval by the Administrator, after such notice or hearing as he 
in his discretion may determine upon, shall constitute amendments 
to this Code. 

Section 16. Appeals. — (a) Any interested party shall have the 
right to appeal to the Code Authority and to obtain a prompt hear- 
ing and decision, under such rules of procedure as it may prescribe, 
in respect to any decision, rule, regulation, order or findmg made, 
act or omission to act by the Divisional Committee of any Division, 
■whether or not so provided in any other part of this Code. 

(b) Any interested party shall have the right to appeal to the 
Administrator, under such rules and regulations as he may pre- 
scribe, in respect to any decision, rule, regulation, order, or finding 
made, act or omission to act by the Code Authority, whether or not 
so provided in any other part of this Code. 

Section 17. Confidential Inform-ation. — ^All confidential informa- 
tion of any nature which may be requested by the Code Authority 
shall be collected through a confidential and disinterested agent or 
agents selected by said Code Authority and such information shall 
be kept confidential by such agent or agents 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 
freely available to the Administrator at all times. 

Section 18. Compliamoe mith the Cod^. — 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 trans- 
actions in the Industry whenever such records may be required under 
any of the provisions of this Code, and shall furnish accurate re- 
ports 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 report, so much of the 
pertinent books, records and papers of such member as may be re- 
quired for the verification of such report may be examined by an 
impartial agency, agreed upon between the Code Authority and any 
such member, or, in the absence of agreement, appointed by the 
Administi^ator. In no case shall the facts disclosed bj^ such examina- 
tion 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 Admin- 
istration or enforcement of the provisions of this Code. 

Section 19. To the extent permitted by the Act, if the Adminis- 
trator shall determine that any action 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 Adniinistrator 
approves or unless he shall fail to disapprove after thirty (30) days 
notice to him of intention to proceed with such action in its original 
or modified form. 



56 

Article VII — Trade Practice Rules 

General De-fimtion. — 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 
any officer, employee, agent, or representative, Icnowingly use, em- 
ploy, or permit to be employed, any of such unfair practices shall 
be guilty of a violation of the Code. 

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

EuLE 2. 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 3. Contingent /Sales. — No member of the Industry shall sell 
or offer to sell or enter into any agreement to furnish the products 
of this Industry contingent upon the sale or purchase of any other 
product, the performance of any other service or any other contin- 
gency not appearing in the contract of sale, or require that the pur- 
chase or lease of any product be a requisite or a prerequisite to the 
purchase or lease of any other product. 

Rule 4. Co7mine7'cial 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 emploj^er of such employee, the principal of such agent, or the 
represented party, without the knowledge of such employer, prin- 
cipal, or party. This provision shall not be construed to prohibit 
free and general distribution of articles commonly used for adver- 
tising excejjt so far as such articles are actually used for commercial 
bribery as hereinabove defined. 

Rule 5. Defamation of Competitors. — No member of the Industry 
shall defame competitors by falsely imputing to them dishonorable 
conduct, inability to perform contracts, questionable credit standing, 
or by other false representations or by the false disparagement of 
the grade or quality of their product. 

Rule 6. Inducing Breach of Contract.— ^o member of the Indus- 
try shall knowingly attempt to induce or permit its agents to induce 
or attempt to induce the breach of an existing contract between a 
competitor and his customers or source of supply ; nor shall any such 
member interfere with or obstruct the performance of such contrac- 
tual duties or service. 

Rule 7. Post-Bating. — 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 



57 

statement Tvhicli makes such contract, invoice, quotation, or receipt 
an inaccurate statement either in wliole or in part or accept or offer 
to accept any such contract. 

EuLE 8. Comhination Sales of Industry and Non-Industry Prod- 
ucts. — Xo member of the Industry shall directlj' or indirectly com- 
bine quotations for any product of this Industr}^ with any quotation 
for any other material, labor, or service, for the purpose and with 
the int^ent 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. 

KuLE 9. Coercion. — No member of the Industry shall require that 
the purchase or lease of any service or product of this Industry 
or any service 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. 

Article VIII — Modifications 

Sectiox 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 
atjproval thereof. 

Section 2. This Code, except as to pro^asions 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 Pres- 
ident and such notice and hearing as he shall specify, and to become 
effective on approval of the President. 

Article IX — IMoxopolies 

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

Article X — 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, establish- 
ments, or separate units thereof and their location, as well as each 
additional shop, establishment, or separate unit opened after 
registration. 

Article XI — ErFECTi\T: Date 

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



Approved Code No. 541. 
Registry No. 1021-1-06. 



O 



Approved Code No. 542 
CODE OF FAIR COMPETITION 

FOR THE 

USED MACHINERY AND EQUIPMENT 

DISTRIBUTING TRADE 

As Approved on January 10, 1935 



OEDER 



Approved Code or Fair Competition for the Used Macpiinery and 
Equipment Distributing Trade . 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a Code of 
Fair Competition for the Used Machinery and Equipment Distribut- 
ing Trade, and hearings having been dulj^ held thereon and the an- 
nexed report on said Code, containing findings with respect thereto, 
having been made and dii'ectx?cl to the President : 

NOW, THEREFOPvE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. G859, dated September 27, 1931, 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 Recomery Board, 
By W. A. Harriman, Administrative Offocer. 

Approval recommended : 
Harry C. Carr, 

Acting Division Administrator. 

Washington, D. C, 

January 10^ 1035. 

108019°^— 14G5-77 35 (50) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Code of Fair Oompetition for the 
Used Machinery and Equipment Distributing Trade of the United 
States, as revised after a Public Hearing conducted in Washington 
on the 31st day of July, 1934, in accordance with the provisions of 
the National Industrial Recovery Act. 

PRCS'ISIONS AS TO HOURS AND WAGES 

A maximum of 40 hours a week and 8 hours a day is provided by 
the Code, with an additional 8 hours per week for 6 weeks in any 
26-week period to care for peak demands. One and a half times the 
regular rate is paid for all hours in excess of 40 hours a week or 8 
hours a day and on Sundays and legal holidays. No hour limita- 
tion is placed on emploj^'ees engaged in emergencj'^ maintenance and 
emergency repair work or on any specially skilled employee in 
emergencies which cannot be met by the employment of additional 
men, but the overtime rate will apply. Watchmen are permitted 
54 hours a week. Executives and managers receiving $35 a week or 
more and outside salesmen are exempted from the hour limitations. 

A minimum wage of not less than 40 cents an hour is provided for 
all employees, except those on office staffs who will be paid at a rate 
of not less than $15 a week, office boys and girls receiving a mini- 
mum of 80 per cent of the above rate. 

CHILD LABOR 

No person under IG years of age will be employed and no one un- 
der 18 years of age will be engaged in hazardous occupations. 

ECONOMIC EFFECT OF CODE 

This Trade, which distributes used machinery and equipment not 
covered by approved Codes, is composed of 876 concerns, employing 
3,800 persons. The total invested capital amounts to approximately 
$16,000,000 and the volume of sales in 1933 was $18,000,000. The 
40 hour week provided by the Code, coupled with increased activities 
in the Trade as business improves, should result in a substantial gain 
in employment. 

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 : 

(GO) 



61 

It finds that: 

(a) Said Code is well designed to promote the policies and pur- 
poses of Title I of the National Industrial E-ecovery 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- 
dustrj'^ for the purpose of cooperative action among trade groups, 
by inducing and maintaining united action of labor and manage- 
ment under adecjuate governmentiil sanctions and supervision, by 
eliminating unfair competitive practices, by promoting the fullest 

Eossible utilization of the present productive capacity of industries, 
y avoiding midue restriction of production (except as may be 
temporarily required), by increasing the consumption of industrial 
and agi'icultural products through increasing purchasing power, by 
reducing and relieving unemployment, b}^ 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 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 wuthout limi- 
tation subsection (a) of section 3, subsection (a) of section 7, and 
subsection (b) of section 10 thereof; and that the applicant associa- 
tion is a trade association trul}^ representative of the aforesaid 
trade; and that said association imposes no inequitable restrictions 
on admission to membership therein. 

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

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

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

For these reasons, this Code has been approved by the National 
Industrial Recovery Board. 

For the National Industrial Recovery Board: 

W. A. Haeriman, 
Administrative Officer. 
Jaxuary 10, 1935. 



CODE OF FAIK COIviPETITION FOR THE USED MACHIN- 
ERY AND EQUIPMENT DISTRIBUTING TRADE 

Article I — Purposes 

To effectuate the policies of Title I of tke National Industrial 
Recovery Act, the following provisions are established as a Code 
of Fair Competition for the Used Machineiy and Equipment Dis- 
tributing Trade, and shall be the standards of fair competition for 
this Trade, and shall be binding upon every member thereof. 

Article II — Defimtions 

Section 1. (a) The term "Trade'' as used herein includes the 
buying and selling, renting, and/or the dealing in, any repairing, 
overhauling, and/or renovating connected therewith done by those so 
buying and selling, renting, and/or dealing in, used machinery and 
equipment coming within the following classiiications, except as 
provided in Section 1 (b) of this Article. 

Used Chemical Machinery 

Used Rubber Working Machinery 

Used Food and Beverage Machinery 

Used Electrical Machinery 

Used Power Generating Equipment 

Used Metal Working Machinery 

Used Wood Working INIachinery 

Used Mining Machinery 

Used Railroad Machinery and Equipment 

(b) This Code is not intended to cover the classes of used machin- 
ery and/or equipment which are already covered by Codes of Fair 
Competition heretofore approved; nor to apply to manufacturers 
in the buying and selling, rebuilding, overhauling or repairing 
and/or renting of products of their own manufacture; nor to manu- 
facturers in the selling or renting of machinery and/or equipment 
taken in trade in part payment on the purchase of new machinery 
or equipment, or repossessed because of non-fulfillment of conditions 
of sale. 

(c) The term " Member of the Trade " shall include those engaged 
in the " Trade ", whether as principals, or agents, or brokers and/or 
commission agents. 

Section 2. The term " Employee " as used herein includes any- 
one engaged in this Trade receiving compensation for his services 
therein irrespective of the nature or method of payment of such 
compensation except a member of tlie Trade. 

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

Section 4. The term "Association " as used herein shall mean the 
National Association of Used Machinery and Equipment Dealers. 

(62) 



63 

Sectiox 5. The term " Brokers '' and/or " Commission Agents " 
as used herein inckides anyone who acts as a go-between or inter- 
mediary in arranging or maidng purchases or sales of used ma- 
chinery on behalf of other persons, regardless of whether said serv- 
ices are rendered for a fixed fee or on a commission basis. 

Section 6. The terms " President ", "Act ", and " Board ", as used 
herein shall mean respectively the President of the United States; 
the National Industrial Recovery Act; and the National Industrial 
Recovery Board. 

Section T. The term " the Code " means this Code and all sched- 
ules annexed thereto and all amendments thereof hereafter ap- 
proved by the Board. 

Seotion 8. The term " the United States " means and includes 
all of the territory of the United States of America including its 
Territories and possessions. 

Section 9. The term "Apprentice " as used herein shall mean a 
person of at least sixteen (16) years of age who is engaged in learn- 
ing a trade or occupation in the Trade under an indenture or con- 
tract covering the terms of such engagement. 

Article III — Hours 

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

Section 2. The provisions of this Article shall not apply to 
persons employed in a managerial, executive, or supervisory capacity 
who are paid thirty-five (35) dollars per week or more, or to out- 
side salesmen. 

Section 3. The maximum hours fixed in Section 1 hereof shall not 
apply to any employee on emergency maintenance or emergency 
repair work involving breakdowns or protection of life or property, 
or in emergencies occasioned by the necessity for the services of any 
specially skilled employee which cannot be cared for by the em- 
ploj'ment of additional men; but in any such special case not less 
than one and one-half (II/2) times his regular rate shall be paid 
to each employee for all time worked in excess of the maximimi 
hours provided in Section 1 hereof. 

Section 4. The maximum hours fixed in Section 1 hereof shall not 
apply for six (6) weeks in any twenty-six (26) week period during 
which overtime shall not exceed eight (8) hours in any one (1) 
week. In any such case not less than one and one-half (1%) times 
his regular rate shall be paid to each employee for all time worked 
in excess of eight (8) hours in any twenty-four (24) hour period or 
in excess of forty (40) hours in any seven (7) day period. 

Section 5. Except to watchmen, not less than one and one-half 
(II/2) times the regular rates shall be paid for all work performed 
on Sundays and legal holidays. 

Section 6. All hours worked in excess of the maxima provided in 
Section 1 of this Article shall be reported to the Code Authority, 
and such information shall be made available to the Board in such 
form and detail as it may request. 



64 

Section 7. Power plant engineers and power plant firemen may 
be permitted to work not in excess of forty-five (45) hours per week, 
provided that not less than one and one half (11/2) times their reg- 
ular rate shall be paid to such employees for all time worked in 
excess of the maximum hours provided in Section 1 hereof. 

Section 8. Watchmen may be permitted to work not in excess of 
fifty-four (54) hours per week. 

Section 9. No employer shall permit any employee to work for 
any time, which, when totaled with that already performed for 
another employer or employers, exceeds the maximum permitted 
herein. 

Section 10. No employee shall be permitted to work more than 
six (6) days in any seven (7) day period. 

Aritcle IV — ^Wages 

Section 1. No clerical or office employee shall be paid less than 
at the rate of fifteen (15) dollars per week and no other employee 
shall be paid less than at the rate of forty (40) cents per hour, ex- 
cept as herein otherwise expressly provided. 

Section 2. Office boys and girls may be paid not less than eighty 
(80) per cent of the minimum wage provided in Section 1 of this 
Article, but the total number of office boys and girls shall not ex- 
ceed five (5) per cent of the total number of office or clerical em- 
ployees, provided that each employer may employ one such office 
boy or girl. 

Section 3. This Article establishes a minimum rate of pay, re- 
gardless of whether an employee is compensated on a time-rate, 
piece-work or other basis. 

Section 4. A person whose earning capacity is limited because of 
age, physical or mental handicap, or other infirmity, may be em- 
ployed on light work at a wage below the minimum established by 
this Code, if the employer obtains from the State authority, desig- 
nated by the United States Department of Labor, a certificate au- 
thorizing such person's employment at such wages and for such 
hours as shall be stated in the certificate. Such authority shall be 
guided by the instructions of the United States Department of Labor 
in issuing certificates to such persons. Each employer shall file 
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 5. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees ; and where they displace men, they shall receive the same 
rate of earnings as the men they displace. The Code Authority 
shall within ninety (90) days after the effective date of this Code 
file with the Board a description of all occupations in the Trade in 
which both men and women are emploj^ed. 

Section 6. The minimum wage fixed in this Article shall not ap- 
ply to the employment of apprentices under the rules and regula- 
tions stipulated in Executive Order No. G750-C, dated June 27, 1934. 
The number of apprentices shall not exceed a ratio of one (1) ap- 
prentice to each ten (10) journeyman employees in the particular 
trade or occupation for which the apprentice is being trained. 



65 

Sectiox 7. Equitable adjustments shall be promptly made in all 
wages and salaries. Not later than ninety (90) days after the effec- 
tive date of this Code, each member of the Trade shall report to the 
Code Authority the adjustments made prior to or subsequent to the 
approval of this Code. Such information shall be available to the 
Board on its request. In no case shall the wages or salary of any 
employee be reduced. 

Section 8. This Article establishes rates of pay which shall be 
exempt from any fines, charges, and/or deductions by the employer. 

Section 9. An employer shall make payment of all wages due in 
lawful currency or by negotiable check thereafter, payable on de- 
mand. These wages shall be exempt from any payments for pen- 
sions, insurance or sick benefits other than those voluntarily paid by 
the wage earners, or required by State laws. Wages shall be paid 
at least at the end of every two-week period, and salaries at least at 
the end of every month. No employer shall withhold wages. The 
employer or his agents shall accept no rebates directly or indirectly 
on such wages nor give anything of value or extend favors to any 
person for the purpose of influencing rates of wages or the working 
conditions of his employees. 

Section 10. An employee shall be paid at least his regular rate of 
pay for all time required to be spent at the place of employment in 
connection with the discharge of dutie^s of such employment. 

Section 11. No provisions of tliis Article shall modify established 
practices or privileges as to compensated vacation periods, leaves of 
absence or temporary absences from work heretofore granted em- 
ployees. 

Section 12. In determining his classification under this Code, 
each employee shall be entitled to claim the benefit of the classifica- 
tion of occupation existing on June 16, 1933. 

Article V — General Labor PR0\^SI0NS 

Section 1. No person under sixteen (IG) years of age shall be 
employed in this Trade, nor anyone under eighteen (18) j^ears of 
age at operations or occupations hazardous in nature or detrimental 
to health. The Code Authority shall submit to the Board for ap- 
proval within ninety (90) days of 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 Au- 
thority in such State empowered to issue emplojanent or age certifi- 
cates or permits showing that the employee is of the required age. 

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

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



66 

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

Section 3. No provision in this Code sliall supersede any State or 
Federal Laws imposing more stringent requirements on employers 
regulating the age of employees, wages, hours of labor, or health, 
fire protection, or general working conditions than under this Code. 

Section 4. Employers shall not reclassify employees or duties of 
occupations performed, or engage in any other subterfuge so as to 
defeat the purposes or provisions of the Act or of this Code. 

Section 5. No employee shall be dismissed or demoted by reason 
of making a complaint or giving evidence with respect to an al- 
leged violation of this Code. 

Section G, Every employer shall make reasonable provision for 
the safety and health of his employees at the place and during the 
hours of their employment. Standards for safety and health shall 
be submitted by the Code Authority to the Board for approval 
witliin six (6) months after the etl'octive date of this Code. 

Section 7. An employer shall so administer work in his charge as 
to provide the maximum continuity of employment practicable for 
his personnel. 

Section 8. (a) Within ten (10) days after the effective date of 
this Code, each employer shall post and thereafter maintain, in con- 
spicuous places accessible to employees full copies of this Code and 
any amendments or modifications which may later bo approved. 

(b) Each member of the Trade shall comply with all rules and 
regulations relative t<j the posting of provisions of this Code which 
may from time to time be prescribed by the Board. 

Article VI — Administration 

To further effectuate the policies of the Act, a Code Authority is 
hereby established. 

Section 1. The permanent Code Authority shall consist of five 
(5) members to be elected by members of the Association and two 
(2) members to be elected by nonmembers of the Association who 
are members of the Trade if the said nonassociation members so 
desire. In the event the nonassociation members of the Trade do 
not desire to elect two (2) such members to the Code Authority, 
the Board may, in its discretion, appoint two (2) members from 
the nonassociation members of the Trade. In aclclition to member- 
ship as above provided there may be three (3) members, without 
vote, to be known as Administration members to be appointed by 
the Board to serve for such terms as it may specify. Members of 
the Code Authority elected by the Trade shall be elected to serve 
for one (1) year or until their successors are elected and qualified. 

Sectton 2. (a) During the period not to exceed sixty (60) days 
following the approval of this Code, the Board of Directors of the 
Association shall constitute a temporary Code Authority, and the 
Board may, in its discretion, appoint one (1) additional member 
without vote. 

(b) Within said sixty (GO) days period the permanent Code Au- 
thority shall be elected by letter ballot. Ballots shall be sent by the 



67 

temporary Code Authority by mail to all known members of the 
Trade. The said ballots shall have a suggested list of twenty-four 
(24) names selected by the Board of Directors of the Association 
and seven (7) blank spaces in which additional names may be 
written, and this fact shall be called to the attention of those voting. 
Of the twenty-four (24) suggested names, seventeen (17) shall 
be members of the Association, and seven (7) shall be nonassocia- 
tion members of the Trade. The ballot shall definitely set forth 
which of the suggested names are nonmembers. 

Members of the Association shall have the right to vote only for 
members of the Code Authority representing the Association. Non- 
association members shall have the right to vote only for nonassocia- 
tion members of the Code Authority. 

Each member of the Trade may cast one ballot and may vote for 
either his own choices or those nominated by the Board of Directors 
of the Association. 

The said balloting shall close twenty-one (21) days after the date 
of mailing of the ballots. Not later than five (5) days after the 
closing of the balloting, the ballots shall be opened in the presence 
of at least three (3) members of the Board of Directors of the As- 
sociation and in the presence of a notary public who shall count the 
said ballots and record the votes. The five (5) members of the 
Association recei^dng the largest number of votes and the two (2) 
nonassociation members receiving the largest number of votes shall 
be declared elected. 

(c) Within two (2) weeks after the opening of said ballots a 
meeting shall be called by the Code Authority for the purpose of 
completing the organization of the Code Authority and carrying 
on any other business which may properly come before it. 

(d) Subsequent elections of Code Authority members shall be by 
mail balloting and in the manner specified in Section 2 (b) of this 
Article. 

Section 3. Each trade or industrial association directly or indi- 
rectly participatmg in the selection or activities of the Code 
Authority shall 

(1) Impose no inequitable restrictions on membership. 

(2) Submit to the Board true copies of its articles of association, 
by-laws, regulations, and any amendments when made thereto, to- 
gether with such other information as to membership, organization, 
and activities as the Board may deem necessary to effectuate the 
purpose of the Act. 

Section 4. In order that the Code Authority shall at all times be 
truly representative of the Trade and in other respects comply with 
the provisions of the Act, the 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 5. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor 
shall any member of the Code Authority be liable in any manner to 
anyone for any act of any other member, officer, agent, or employee 
of the Code Authority. Nor shall any member of the Code Au- 



68 

tlioritj^, 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 6. If the Board shall at any time determine that any 
action of the Code Authority or any agency thereof may be unfair 
or unjust or contrarj^ 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 pro- 
ceed wath 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 
tills Code: • _ 

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

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

(c) To obtain from members of the Trade such information and 
reports as are required for the administration of this Code. Such 
information and reports shall be filed with a disinterested agent of 
the Code Authority or if none, then with such an agent designated by 
the Board. In addition to information requu-ed to be submitted to 
the Code Authority, members of the Trade subject to this Code shall 
furnish such statistical information as the Board may deem neces- 
sary for the purposes recited in Section 3 (a) of the Act to such 
Federal and State agencies as it may designate ; provided that noth- 
ing in this Code shall relieve any member of the Trade of any exist- 
ing obligations to furnish reports to any Government agency. No 
individual report shall be disclosed to any other member of the 
Trade or any other party except to such other Govermnental agen- 
cies 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 Author- 
ity of its duties or responsibilities under this Code and that such 
trade associations and agencies shall at all times be subject to and 
comply with the provisions hereof. 

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

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

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



69 

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 sup- 
port such budget shall be contributed by members of the Trade; 

C. After such budget and basis of contribution have been ap- 
proved by the Board, to determine and obtain equitable contribu- 
tion as above set forth by all members of the Trade, and to that end, 
if necessary, to institute legal proceedings therefor in its own name. 

2. Each member of the Trade shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the Board. Only members of 
the Trade complying with the Code and conti'ibuting to the ex- 
penses of its administration as hereinabove provided, unless duly 
exempted from making such contribution, shall be entitled to par- 
ticipate in the selection of members of the Code Authority or to 
receive the benefits of any of its voluntary activities or to make use 
of any emblem or insignia of the National Recovery Administration. 

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 Board; 
and no subsequent budget shall contain any deficiency item for ex- 
penditures in excess of prior budget estimates except those which 
the Board shall have so approved. 

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

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

(i) To appoint a Trade Practice Complaints Committee and 
establish the procedure therefor subject to the approval of the 
Board. 

Article VII — Trade Practice Eules 

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



70 

KuLE 2. False B'dUng.—^o member of the Trade shall knowingly 
withhold from or insert in any quotation or invoice any statement 
that makes it inaccurate in any material particular. 

KuLE 3. Inaccurate labeling. — No member of the Trade shall 
brand or mark or pack any goods in any manner which is intended 
to or does deceive or mislead purchasers with respect to the brand, 
grade, quality, quantity, origin, size, substance, character, nature, 
finish, material content, or preparation of such goods. 

Rtjle 4. Defamation.— ^o member of the Trade shall defame a 
competitor by falsely imputing to him dishonorable conduct, in- 
ability to perform contracts, questionable credit standing, or by 
other false representation, or by falsely disparaging the grade or 
quality of his goods. 

Rule 5. Threats of Law Stdts.—'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 6. Secret Rebates.— 1:^0 member of the Trade shall secretly 
offer or make any payment or allowance of a rebate, refund, com- 
mission, credit, unearned discount or excess allowance, whether in 
the form of money or othei-wise, nor shall a member of the Trade 
secretly offer or extend to any customer any special service or privi- 
lege not extended to all customers of the same class, for the purpose 
of influencing a sale. 

Rule 7. BriMng Envployces. — 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 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 
general distribution of articles commonly used for advertising ex- 
cept so far as such articles are actually used for commercial bribery 
as hereinabove defined. 

Rule 8. Inducing Breach of Existing Contracts. — No member of 
the Trade shall by any false or deceptive m.eans wilfully induce or 
attempt to induce the breach of existing commercial contracts to 
which any other member of the Trade is a party, or interfere with 
or obstruct the performance of any such contractual duties or serv- 
ices by any such means, with the purpose and effect of hampering, 
injuring or embarrassing competitors in their business. 

Rule 9. Coercion. — No member of the Trade shall require that 
the purchase or lease of any goods be a prerequisite to the purchase 
or lease of any other goods. 

Rule- 10. Sales on Defended Payment. — No member of the Trade 
shall sell or offer for sale any machinery or equipment on a deferred 
payment plan in which a reserved security or property interest is 
provided, unless the terms of pajnnent shall include a cash payment 
of at least 25% of the purchase price on delivery of the machinery 
or equipment, and provisions that the balance shall be paid within 
12 months of the date of delivery. 



71 

Ettle 11. Clofisifcafioii of OJfcnngs. — Xo member of the Trade 
shall sell or offer for sale any used machinery or equipment under 
any except the following classifications : 

(a) Guaranteed rebuilt as specified in writing. 

(b) Guaranteed as represented in writing. 

(c) Present condition, commonh' known '' as is ". 

Article VIII — Export Tr-\de 

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. 

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, approA'al, license, rule, or regu- 
lation issued under Title I of said Act. 

Section 2. Such of the i)rovision 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 manner as may be indicat- 
ed by the needs of the public, by changes in circumstances, or by 
experience. 

Article X— iMoNoroLiEs 

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

Article XI — Price Increases 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult or consummation if prices of goods and 
services increase as rapidly as wages, it is recognized that price in- 
creases except such as may be required to meet individual cost should 
be delayed, and when made such increases should, so far as possible, 
be limited to actual additional increases in the seller's costs. 

Akticle XII — Scope of Code 

If an emploj-er in tliis Trade is also an employer in any other 
trade or industrj^ the provisions of this Code shall apply to and 
affect only that part of the business of such employer which is a 
part of the Trade covered by this Code. 

Article XIII — Effective Date 

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

Approved Code No. 542. 
Registry No. 1399-29. 

o 



Approved Code No. 543 
CODE OF FAIR COMPETITION 

FOR THE 

MOTOR VEHICLE MAINTENANCE TRADE 
As Approved on January 18, 1935 



EXECUTIVE ORDEE 

Code of Fair Competition for the Motor Vkeiicle Maintenance 

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 my approval of a Code 
of Fair Competition for the Motor Vehicle Maintenance Trade, and 
hearings having been held thereon, and the National Industrial Re- 
covery Board having rendered its report containing an analysis of 
the said Code of Fair Competition, together with its recommenda- 
tions and findings with respect thereto, and the National Industrial 
Recovery Board having found that the said Code of Fair Competi- 
tion complies in all respects with the pertinent provisions of Title I 
of said Act, and that the requirements of Clauses (1) and (2) of Sub- 
Section (a) of Section 3 of the said Act have been met: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 
United States, pursuant to the authority vested in me by Title I of the 
National Industrial Recovery Act, approved June IG, 1933, and 
otherwise do adopt and approve the reports, recommendations, and 
findings of the National Industrial Recovery Board and do order that 
the said Code of Fair Competition be and it is hereby approved; 
provided, however, that all of the provisions of the said Code be 
and they are hereby stayed for a period of sixty (60) days as to 
members of the Motor Vehicle Retailing Trade insofar as they con- 
flict with any provisions of the Motor Vehicle Retailing Trade Code, 
in order to provide for the further study of such provisions by the 
Code Authorities for the two Codes; and, after such Notice and 
Hearing as the National Industrial Recovery Board may prescribe, 
I do further order that a determination be made by it as to which of 
the provisions of this Code or of the Code of Fair Competition for 
the Motor Vehicle Retailing Trade, if any, shall prevail in order that 
the purposes and policies of the National Industrial Recovery Act 
may be further effectuated, and; provided further, that Sections 2 
and 3 of Rule 1 of Article VII and Rule 15 of Article VII be and 
they are hereby stayed pending the further order of the National 

U0315° 1465-100 35 (73) 



74 

Industrial Recovery Board; and provided further that tlie provi- 
sion of Section 13 (i) 2 of Article VI of said Code for the Motor 
Vehicle Maintenance Trade reading " to participate in the selection 
of members of the National Code Authority or," be and it is hereby 
stayed until such time as the National Code Authority is duly con- 
stituted and organized in accordance with the provisions of the said 
Code. 

FRANKLIN D. ROOSEVELT. 

Approval recommended: 

National, Industrial Recovery Board, 
By W. A. Harriman, 

Administrative Ofjlcer. 

The White House, 
January 18^ 1935. 



EEPORT TO THE PRESIDENT 

The pREsroENT, 

The White House. 
Sib: This is a report on the Code of Fair Competition for the 
Motor Vehicle Maintenance Trade in the United States as revised 
after the hearing conducted in Washington on December 8, 1933, and 
in accordance with the provisions of the National Industrial Recov- 
ery Act. 

PROVISIONS or THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR 

PROVISIONS 

This Code provides for a maximum work week of forty-four (44) 
hours with the following exceptions and exemptions : 

(a) Employees engaged in clerical or office work who may be per- 
mitted to work two additional hours in two twenty-four hour periods 
in any thirty day period. 

(b) Watchmen who may be permitted to work not in excess of 
fifty-six hours in any seven day period but not in excess of twelve 
hours in any twenty-four hour period. 

(c) Productive employees " available " or " on call " who, when 
not assigned to specific tasks, shall be paid at not less than one-half 
of the hourly rates of pay for their classifications providing that 
the resulting rate is not less than thirty-six cents per hour. 

M) Employees engaged in outside selling. 

(e) Employees engaged in emergency maintenance or emergency 
repair work. 

(f ) Employees engaged in a managerial or executive capacity who 
earn regularly thirty-five dollars per week or more. 

An employee engaged in emergency maintenance or emergency 
repair work shall b« paid at least one and one-half times his rate of 
pay for all over-time. 

Owners, managers or other executives shall, when engaged in 
performing any work not of a managerial or executive nature, con- 
form to the maximum hours provided for employees performing such 
work. 

This Code establishes a minimum rate of pay of fifteen dollars 
per week in any city of over 500,000 population; fourteen dollars 
and fifty cents in any city of between 250,000 and 500,000 ; fourteen 
dollars in any city of between 2,500 and 250,000 ; and thirteen dollars 
per week in other cities or areas, except that no productive employee 
not " on call " shall be paid less than fifty cents per hour and no 
helper shall be paid less than forty cents per hour. Other excep- 
tions apply to productive employees " on call," commission salesmen, 
and handicapped persons. 

No person under eighteen years of age shall be employed in the 
Trade at operations or occupations that are hazardous in nature or 

(75) 



76 

dangerous to health and no person under sixteen years of age shall 
be employed in the Trade in any capacity. 

Employees shall have the right to organize and bargain collec- 
tively through representatives of their own choosing, and no one 
shall be required as a condition of employment to join any company 
union or refrain from joining a labor organization of his own choos- 
ing. No employee shall be discharged, demoted or otherwise discrim- 
inated against by reason of making complaint or giving evidence of 
alleged violation of this Code. 

IMPORTANCE OF THE TEIADE 

The Motor Vehicle Maintenance Trade renders repair and main- 
tenance service to the general public on passenger cars, busses, 
taxicabs, hearses, ambulances, fire apparatus, and commercial vehi- 
cles including trucks and truck tractors, for use on the highways. 
This Trade is nation-wide in character and has steadily increased in 
numbers through a period of years until, at present, it is estimated 
that there are approximately 185,000 establishments engaged in the 
repair and maintenance of motor vehicles, in whole or in part. Of 
these 185,000 establishments, some are likewise engaged in other 
trades involving motor vehicles. It has been estimated that the 
Trade has a total annual sales volume of labor, parts, accessories 
and supplies of roughly $2,500,000,000 and that its employees ap- 
proximate 500,000 persons. This approximate total annual volume 
of $2,500,000,000 includes sales of approximately $775,000,000 volume 
in parts, accessories and supplies by the trade which does strictly 
maintenance work. It has been estimated that upwards of 450,- 
000,000 units of repair jobs were performed during the past year. 

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 : 

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 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) 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 



77 

Subsection (b) of Section 10 thereof; and that the applicant ^oiip 
is an industrial group truW representative of the aforesaid Trade; 
and that said group imposes no inequitable restrictions on admis- 
sion to membership therein. 

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

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

(f ) The Motor Vehicle Maintenance Trade normally employs up- 
wards of five hundred thousand persons and is classified by us as a 
major industry. 

For these reasons, therefore, the National Industrial Recovery 
Board recommends the approval of this Code. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative O-fJicer. 
January 18, 1935. 



CODE OF FAIR COMPETITION FOR THE MOTOR 
VEHICLE MAINTENANCE TRADE 

Article I — Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the following provisions are established as a Code 
of Fair Competition for the Motor Vehicle Maintenance Trade, and 
shall be the standards of fair competition for this Trade and bind- 
ing upon every member thereof. 

Article II — DEFiNrrioNS 

Section 1. The term " Motor Vehicle Maintenance Trade " or 
" trade " as used herein is defined to mean and include : 

(a) The rebuilding, repairing, overhauling, reconditioning, re- 
moval, adjusting and/or replacing of parts of any motor vehicle 
chassis or any part thereof, including general blacksmith work inci- 
dental to such operations, and including inspections to determine 
the necessity for or extent or nature of any such operations by way 
of service to the general public for a consideration implied or ex- 
pressed, and may include (but subject solely to the provisions of 
this Code and not to those of the Code of Fair Competition for the 
Auto Rebuilding and Refinishing Trade) any repairs upon the hood, 
hood sill, fenders, running board, shields (front, side, and rear 
aprons), and the radiator core and tank, and the repainting of re- 
paired parts, but excludes the repainting of the motor vehicle 
chassis; and/or 

(b) The sale of parts and accessories and supplies (except such 
products as are defined under the Code of Fair Competition for the 
Petroleum Industry) by members of this trade as herein defined for 
the purpose of installation of such parts, accessories, and supplies 
as incidental to the operations as hereinabove set forth ; and/or 

(c) The transferring of customers' motor vehicles and/or parts 
thereof by members of this trade, as herein defined, to and from any 
places which circumstances may require as incidental to any of 
the above mentioned operations. 

The term " trade " as used herein includes such related branches 
and/or sub-divisions which may from time to time be included under 
the provisions of this Code after such notice and hearing as the 
National Recovery Administration may prescribe. 

Section 2. The t«rm " Motor Vehicle " as used herein is defined 
to mean automobiles including: passenger cars, buses, taxi-cabs, 
hearses, ambulances, fire apparatus, commercial vehicles, trucks, and 
truck-tractors for use on the highways, but excluding motorcycles. 

Section 3. The term " member of the trade " as used herein in- 
cludes, but without limitation, any individual, partnership, associa- 

(78) 



79 

tion, corporation or other form of enterprise engaged in the trade, 
either as an employer or on his or its own behalf. 

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

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

Section 6. (a) The term "salesman" as used herein is defined to 
mean and include an employee engaged in the selling and/or pro- 
moting the sale of the products and/or services of this trade, and 
the functions of selling or promoting the sale are hereinafter re- 
ferred to as " selling." 

(b) The activities of selling are divided into two classes, the first 
including those activities requiring the presence of a salesman on or 
in the premises of the member of the trade, and the second requiring 
the presence of the salesman away from the premises of the member 
of the trade, except for the demonstration of the product and/or 
service to be sold or for the making, recording or execution of an 
estimate, order or other document in connection with any sale or for 
the receiving of instructions. For the purposes of this Code all time 
of a salesman occupied in the first class is referred to as "inside 
selling " and all time in the second class as " outside selling." 

Section 7. The term " productive employee " as used herein is 
defined to mean and include any employee (including a helper) en- 
gaged in any of the operations described in paragraph (a) of Sec- 
tion 1 of this Article. 

Section 8. The terms " President " and "Act " as used herein, 
mean respectively, the President of the United States and Title I 
of the National Industrial Recovery Act. The term " National Re- 
covery Administration " as used herein means such person or per- 
sons, board or agency, as may from time to time be delegated by the 
President, pursuant to Section 2 (b) of the Act, to administer the 
provisions thereof. 

Section 9. The term " population " for the purposes of this Code 
shall be determined by reference to the latest Federal Census. The 
term " trade areas " as used herein are defined to mean those trade 
areas established by the Federal Census in the publications entitled 
" Metropolitan Districts, Bureau of the Census, Washington, D. C, 
1930 " or as may be defined by the National Code Authority, subject 
to the approval of the National Recovery Administration. 

Article III — Hours 

Section 1. Max'niimn Hours. — No employee shall be permitted to 
work in excess of forty-four (44) houi-s in any seven (7) day period 
or eight (8) hours in any twenty-four (24) hour period or six (6) 
days in any seven (7) day period, except as herein otherwise pro- 
vided. 

Section 2. Exceptions to Section 1. — (a) A person employed in 
clerical or office work may be permitted to work two (2) additional 
hours in each of but not more than two (2) twenty-four (24) hour 
periods in any thirty (30) day period. 

110315° 14C5-100 35 2 



80 

(b) A watchman may be permitted to work not in excess of fifty- 
six (56) hours in any seven (7) day period nor in excess of twelve 
(12) hours in any twenty-four (24) hour period nor in excess of six 
(6) days in any seven (7) day period. 

(c) Each member of the trade may employ not in excess of two (2) 
productive employees " on call " during the hours between 7 P. M. 
and 7 A. M., inclusive, at such rates of pay as are herein provided by 
Section 3 of Article IV, provided however that neither of such two (2) 
employees shall be permitted to work (1) for any time " on call" in 
excess of twelve (12) hours in any twenty-four (24) hour period, nor 
seventy-two (72) hours in any seven (7) day period, nor six (6) days 
in any seven (7) day period; or (2) for any time at specific work in 
excess of eight (8) hours in any twenty-four (24) hour period, nor 
forty-four (44) hours in any seven (7) day period, nor six (6) days 
in any seven (7) day period; or (3) if employed "on call" and at 
specific work during the same period, for any time " on call " in excess 
of the difference between the time employed at specific work (within 
the limitations as hereinbefore prescribed) and twelve (12) hours in 
any twenty-four (24) hour period and seventy-two (72) hours in any 
seven (7) day period, and six (6) days in any seven (7) day period. 

SECTION 3. The provisions of Section 1 of this Article shall apply to 
a salesman engaged in " inside selling " in whole or in part. 

Section 4. (a) The provisions of this Article respecting hours of 
employment shall not apply to salesmen engaged only in " outside 
selling " during any twenty-four (24) hour period, nor to employees 
engaged in emergency maintenance or emergency repair work, nor to 
persons employed in a managerial or executive capacity who earn 
regularly thirty-five ($35.00) dollars or more per week (except as 
herein otherwise provided by Section 6 of this Article). 

(b) Any employee engaged in emergency maintenance or emergency 
repair work shall be paid at least one and one-half (11/2) times his 
rate of pay for his classification or occupation for all time in excess 
of eight (8) hours in any twenty- four (24) hour period or forty-four 
(44) hours in any seven (7) day period. 

Section 5. (a) An employee shall be deemed to be continuously in 
the employ of his employer during all periods of time his employer 
requires him to be " on call " or to be " available " waiting for the 
performance of specific work. 

(b) Employment " on call " or " available" waiting for the per- 
formance of specific work is not to be construed as affecting the 
classification or occupation of an employee. 

Section 6. Members of the trade, themselves, shall not work nor 
permit their executives or managers to work, when engaged in per- 
forming any work not of a managerial or executive nature, in excess 
of the maximum hours herein prescribed for other employees per- 
forming such work. 

Section 7. No employer shall knowingly permit any employee to 
work for any time which, when added to time spent at work for 
another employer or employers, exceeds the maximum permitted 
herein. 

Section 8. No employer shall permit any employee, engaged in 
performing work of more than one classification or occupation, to 
work for any time in excess of the least of the maximum number of 
hours prescribed herein for any such classifications or occupations. 



81 

Section 9. For the purposes of calculating the time of an}' twenty- 
four (24) hour period for which wages are clue and payable and 
for calculating the maximum hours, the time of employment shall 
be reckoned continuously from the starting time in any such twent}-- 
four (24) hour period except for a meal-time period of not more 
than one (1) hour. 

Article IV — Wages 

Section 1. Blinimuvi Wage. — No employee shall be paid less than 
at the rate of fifteen dollars ($15.00) per week in any city of over 
500,000 population or in the immediate trade area of such city; nor 
less than at the rate of fourteen dollars and fifty cents ($14.50) per 
week in any city of between 250,000 and 500,000 population or in the 
immediate trade area of such city ; nor less than at the rate of four- 
teen dollars ($14.00) per week in any city of between 2,500 and 
250,000 population or in the immediate trade area of such city; nor 
less than at the rate of thirteen dollars ($13.00) per week in any 
other city or area; except as herein otherwise provided. 

Section 2. Minimum Wage for Productive Employees. — No pro- 
ductive employee (except as herein otherwise provided by Section 3 
of this Article) shall be paid less than at the rate of fifty cents 
($0.50) per hour, except that a helper may be paid not less than at 
the rate of forty cents ($0.40) per hour. 

Each employer may employ one (1) helper but the total number of 
helpers employed by any employer shall, at no time, exceed the ratio 
of one (1) helper to each five (5) other productive employees (or the 
major fraction thereof). 

Section 3. Minimum Wage far Time of Employee " On CaW or 
'■'■ Available ". — A productive employee wdiile " on call " between the 
hours of 7 : 00 P. M. and 7 : 00 A. M., inclusive, as hereinbefore men- 
tioned in Section 2 of Article III and/or an employee " available " 
waiting for the performance of specific work shall be paid for all 
time '"on call" and/or ''available" at not less than one-half (I/2) fiis 
hourly rate of pa}^ for his classification or occupation, provided, how- 
ever, that, in no event shall such " on call " or " available " rate be less 
than thirty-six cents ($0.36) per hour. 

Section 4. Drawing Account for C Gmmission Salesmen. — A sales- 
man employed on a commission basis shall be guaranteed a drawing 
account of not less than : 

(a) Seventeen dollars and fifty cents ($17.50) per week in any city 
of over 500,000 population or in the immediate trade area of such 
city; or 

(b) Fifteen dollars ($15.00) per week in any city between 250,000 
and 500,000 population or in the immediate trade area of such city; or 

(c) Twelve dollars and fifty cents ($12.50) per week in any city 
between 2,500 and 250,000 population or in the immediate trade area 
of such city ; or 

(d) Ten dollars ($10.00) per week in any other city or area. Draw- 
ing accounts shall be paid in the same manner and at the same time 
as herein provided by Section 9 of this Article for the payment of 
wages. 

Section 5. Employees engaged in performing work of more than 
one classification or occupation shall be paid for all time during any 



82 

twenty-four (24) hour period at not less than the highest of the mini- 
mum rates for such classifications or occupations in which such 
employee is engaged. 

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

Section 7. This Code provides for rates of pay which shall apply 
irrespective of whether an employee is compensated on a time rate, 
piecework, commission or other basis. 

Section 8. 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 his em- 
ployment at such wages and for such hours as shall be stated in the 
certificate. Each employer shall file monthly with the National Code 
Authority a list of all such persons employed by him, showing the 
wages paid to, and the maximum hours of work for such employee. 

Section 9. Each member of the trade shall make payment of all 
wages and/or other form of compensation due in lawful currency 
or by negotiable check, payable on demand. Wages and/or other 
form of compensation shall be due and payable at the end of each pay 
period, at least at semi-monthly intervals. 

Section 10. No employee whose normal full-time weekly hours 
for the four Aveeks ending July 1, 1934, are reduced pursuant to the 
provisions of this Code by less than twenty per cent (20%) shall have 
his or her full-time weekly earnings reduced. No employee whose 
said full-time weekly hours are reduced pursuant to the provisions of 
this Code by twenty per cent (20%) or more shall have his or her said 
weekly earnings reduced by more than ten per cent (10%). In no 
event shall hourly rates be reduced, irrespective of whether compensa- 
tion is actually j>aid on an hourly, weekly or other basis, nor shall any 
wages be at less than the minimum rates herein provided. 

Article V — General Labor Provisions and Other Provisions 

Section 1. No person under eighteen (18) years of age shall be 
employed in the trade at operations or occupations which are hazard- 
ous in nature or dangerous to health. No person under sixteen (16) 
years of age shall be employed in the trade in any capacity. 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 employment 
or age certificates or permits showing that the employee is of the re- 
quired age. Within ninety (90) days after the effective date of this 
Code, the National Code Authority shall submit to the National Re- 
covery Administration a list of such operations or occupations in the 
trade Avhich are hazardous in nature or dangerous to health. 

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



83 

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

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

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 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 National Code Authority to the National Recovery 
Administration for approval within three (3) months after the effec- 
tive date of this Code. The standards approved shall thereafter be a 
part of this Code and binding as such. 

Section 5. No provision of this Code shall supersede any State or 
Federal law which imposes on employers more s-tringent requirements 
as to age of employees, wages, hours of work, or as to safety, health, 
sanitary or general working conditions or insurance or fire protection 
than are imposed by this Code. 

Section 6. All employers shall post and keep posted copies of this 
Code and/or any amendments thereto in conspicuous places accessible 
to all employees. Every member of the trade shall comply with all 
rules and regulations relative to the posting of provisions of Codes 
of Fair Competition which may from tune to time be prescribed by 
the National Recovery Administration. 

Section T. No employee shall be dismissed, demoted, or otherwise 
discriminated against by reason of making a complaint or giving evi- 
dence with respect to an alleged violation of this Code. 

Article VI — Code Administration 

ORGANIZATION, POWERS AND DUTIES OF THE NATIONAL CODE AUTHORITY 

Section 1. A National Code Authority is hereby established for 
the administration of this Code within the United States exclusive of 
any territory or possession, thereof, to be selected in the following 
manner. 

Section 2. The National Code Authority shall consist of fourteen 
(14) trade members to be selected from members of the trade, eligible 
as provided by Section 13 (i) of this Article at the time of selection, as 
hereinafter provided. 

Section 3. For purposes of administration of this Code, there are 
hereby created (I) forty-nine (49) territorial divisions comprising 
the several States and the District of Columbia, each such division 
being hereinafter referred to as a State and (2) fourteen (14) Regions 
as follows : 

Region 1. Washington, Oregon, Idaho 

Region 2. California, Nevada, Arizona 

Region 3. Wyoming, Utah, Colorado, Montana 



84 

Kegion 4. North Dakota, South Dakota, Nebraska, Minnesota, Iowa 

Region 5. Kansas, Oklahoma, Texas, New Mexico 

Region 6. Missouri, Arkansas, Louisiana, Mississippi 

Region 7. Georgia, Florida, Alabama 

Region 8. North Carolina, South Carolina, Tennessee 

Region 9. Wisconsin, Illinois 

Region 10. Michigan, Indiana, Kentucky 

Region 11. Ohio, West Virginia 

Region 12. Pennsylvania, Maryland, Delaware, District of Colum- 
bia, Virginia 

Region 13. New York, New Jersey 

Region 14. Maine, New Hampshire, Vermont, Massachusetts, 
Rhode Island, Connecticut. 

Section 4. Within forty-five (45) days after the effective date of 
this Code the members of the trade in each of the forty-nine (49) 
States shall elect a State Committee consisting of not fewer than 
seven (7) members selected from members of the trade whose prin- 
cipal place of business is located within such State, and who are 
eligible as pro\nded by Section 13 (i) of this Article at the time of 
election. Members of the State Committees shall be elected to serve 
for terms not in excess of one (1) year. Notice of the time and place 
of each such election shall be sent to all members of the trade in the 
states and to the National Recovery Administration at least twenty 
(20) days in advance of each such election. Voting at each election 
may be by person, by proxy or by letter ballot. Each member of the 
trade shall have equal voting rights. A member of tlie trade shall be 
entitled to vote only in the State in which his principal place of busi- 
ness is located. Within ten (10) days after the election of the State 
Committee as provided, the members of each State Committee shall 
elect from its members a Chairman and a Vice-Chairm.an who shall 
act as an alternate in the absence of the Chairman. 

Section 5. Within sixty-five (65) days after the effective date of 
this Code, the Chairmen of all such State Committees in each Region 
as described herein by Section 3 of this Article, shall elect from such 
Chairmen, a member of the National Code Authority. 

Section 6. The manner and method of conducting each election 
provided for in Sections 4 and 5 of this Article shall be subject to 
the approval (prior to any such election) of the National Recovery 
Administration. The Temporary National Code Authority as here- 
inafter provided is hereby designated as the agency to conduct the 
first election of the State Committees, the Chairmen of the State 
Committees and the members of the National Code Authority. 

Section 7. Pending the constitution and organization of the first 
National Code Authority as herein provided, the Emergency Na- 
tional Committee, a body duly constituted by the Automotive Mainte- 
nance and Garage Industry for the submission of a Code of Fair 
Competition to the National Recovery Administration, shall, subject 
to the approval of the National Recovery Administration, appoint one 
(1) member, selected from members of the trade in each of the 
Regions as described herein by Section 3 of this Article, eligible as 
provided by Section 13 (i) of this Article, to serve as a member of 
a Temporary National Code Authority, during its tenure and/or 
until a member shall have been duly selected as hereinbefore pro- 



85 

vided by the Chairmen of such appointed member's Region for the 
permanent National Code Authority. Such members shall consti- 
tute a Temporary National Code Authority which shall have all the 
powers and duties of the National Code Authority as set forth in 
this Code and in addition shall, subject to the approval of the Na- 
tional Recovery Administration, have the power to appoint the mem- 
bers of Temporary State Committees, to serve until or unless a State 
Committee shall have been constituted as hereinbefore provided. 
Members of any Temporary State Committee shall be selected from 
members of the trade whose principal places of business are located 
within such State. Each such Temporary State Committee shall 
have all the powers and duties as set forth in this Code for a State 
Committee. 

Seotion 8. In addition to the membership as hereinbefore pro- 
vided, there may be not more than three (3) members without vote, 
and without expense to the trade to be known as Administration 
Members to be appointed by the National Recovery Administration 
to serve for such terms as it may specif3^ The representatives who 
may be appointed by the National Recovery Administration together 
with the National Recovery Administration shall be given notice of 
and such representatives may sit at all meetings of any Code 
Authority and/or any Administrative Committee and/or any Stat© 
Committee. 

Section 9. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the National 
Code Authority shall (1) impose no inequitable restrictions on mem- 
bership, and (2) submit to the National Recovery Administration 
true copies of its articles of association, by-laws, regulations, and 
any amendments when made thereto, together with such other infor- 
mation as to membership, organization, and activities as the National 
Recovery Administration may deem necessary to effectuate the 
purposes of the Act. 

Section 10. In order that the National Code Authority shall at 
all times be truly representative of the trade and in other respects 
comply with the provisions of the Act, the National Recovery Admin- 
istration may prescribe such hearings as it may deem proper; and 
thereafter if it shall jfind that the National 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 National Code Authority. 

Section 11. Nothing contained in this Code shall constitute the 
members of the National Code Authority, the National Administra- 
tive Committee or of any State, District or other committee, part- 
ners for any purpose. Nor shall any such member be liable in any 
manner to anyone for any act of any other member, officer, agent, 
or employee of the National Code Authority or of any such com- 
mittee. Nor shall any member of the National Code Authority or 
of any such committee exercising reasonable diligence in the conduct 
of his duties hereunder, be liable to anyone for any action or omis- 
sion to act under this Code, except for his own wilful malfeasance 
or nonfeasance. 

Section 12. If the National Recovery Administration shall at any 
time determine that any action of the National Code Authority or 



86 

any agency thereof may be unfair or unjust or contrary to the public 
interest, the National Recovery Administration may require that 
such action be suspended to afford an opportunity for investigation 
of the merits of such action and further consideration by such Na- 
tional Code Authority or agency pending final action which shall 
not be effective unless the National Recovery Administration ap- 
proves or unless it shall fail to disapprove after thirty (30) days' 
notice to it of intention to proceed with such action in its original 
or modified form. 

rOWERS AND DUTIES 

Section 13. Subject to such rules and regulations as may be 
issued by the National Recovery Administration and subject to the 
provisions of Section 14 of this Article, the National Code Authority 
shall have the following powers and duties, in addition to those 
authorized by other provisions of this Code : 

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

(b) To adopt by-laws and rules r.nd 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 National Code 
Authority, members of the trade subject to this Code shall furnish 
such statistical information as the National Recovery Administration 
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 Government 
agency. No individual report shall be disclosed to any other 
member of the trade or any other party, except to such other Gov- 
ernmental agencies as may be directed by the National Recovery 
Administration. 

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

(e) To make recommendations to the National Recovery Adminis- 
tration for the coordination of the administration of this Code with 
such other Codes, if any, as may be related to or affect the trade 
or members thereof, 

(f) To cooperate with the National Recovery Administration in 
regulating the use of any N. R. A. insignia. 

(g) To recommend to the National Recovery Administration any 
action or measures deemed advisable, including further fair trade 
practice provisions to govern members of the trade in their rela- 
tions with each other or with other trades, measures for 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 Recovery Administration after such notice 
and hearing as it may specify. 



87 

(h) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
codes as may be related to the trade for the purpose of formulating 
fair trade practices to govern the relationships between employers 
under this Code and under such other codes to the end that such 
fair trade practices may be proposed to the National Recovery 
Administration as amendments to this Code and such other codes. 

(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 
National 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 Recovery 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 purposes, and (2) an equitable basis upon which the 
funds necessary to support such budget shall be contributed by mem- 
bers of the trade ; 

(c) After such budget and basis of contribution have been approved 
by the National Recovery Administration, 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 contri- 
bution to the expenses of the maintenance of the National Code 
Authority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the National Recovery 
Administration. Only members of the trade complying with the 
Code and contributing to the expenses of its administration as here- 
inabove provided, (unless duly exempted from making such contribu- 
tions) shall be entitled to participate in the selection of members of 
the National Code Authority or to receive the benefits of any of its 
voluntary activities or to make use of any emblem or insignia of the 
National Recovery Administration.^ 

3. The National 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 Recovery Administration ; and no subsequent budget shall con- 
tain any deficiency item for expenditures in excess of prior budget 
estimates except those which the National Recovery Administration 
shall have so approved. 

( j ) To initiate, consider and make recommendations for and assent 
to modifications of or amendments to this Code on behalf of the 
trade. 

(k) To employ such agents and employees as it may deem neces- 
sary for the administration of this Code. 

(1) To establish subject to the approval of the National Recovery 
Administration such further districts or areas as it may deem neces- 



1 See paragraph 2 of order approving this Cod«. 



sary for the administration of this Code and to provide for the 
selection of any district or other area committee. 

(m) To delegate, subject to the limitations provided herein by 
paragraph (d) of this Section, such of its powers and duties (in 
addition to those delegated herein) to the National Administrative 
Committee, or any State or other Committee and to suspend and/or 
cancel any such delegated powers and duties at any time. 

(n) To summon the Chairmen of all State Committees to meet in 
convention at a designated time and place at any time at the request 
of the National Recovery Administration and/or at the request of 
not fewer than sixteen (16) of the Chairmen of the State Committees. 

(o) To provide appropriate facilities for arbitration, and subject 
to the approval of the National Recovery Administration, to pre- 
scribe rules of procedure and rules to effect compliance with awards 
and' determinations. 

Section 14. Any action, recommendation, or other measure pro- 
mulgated by the National Code Authority (except such actions, 
recommendations, or other measures promulgated pursuant to any 
rule or regulation issued or prescribed by the National Recovery 
Administration) shall be limited to the extent that any resolution 
properl}^ presented to and receiving a two-thirds affirmative vote 
of the Chairmen of the State Committees shall be binding on the 
National Code Authority. 

NATIONAL ADMINISTRATIVE COMMITTEE 

Section 15. The National Code Authority may elect from its mem- 
bership, three (3) members to serve as a National Administrative 
Committee. 

STATE COMMITTEES 

Section 16. (a) Each State Committee shall constitute the agency 
of the National Code Authority for the Administration of this Code 
in such State under such powers and duties as may be delegated to it 
as herein provided. 

(b) Each State Committee may initiate and recommend to the 
National Code Authority such measures, rules and regulations as it 
may deem appropriate for the administration of this Code in such 
State, including measures, rules and regulations affecting contiguous 
States. Such measures, rules and regulations when adopted by the 
National Code Authority, subject to the approval of the National 
Recovery Administration, shall be binding upon all members of the 
trade affected. 

(c) Each State Committee shall have the power to employ such 
agents and employees as it may deem necessary for the administration 
of this Code, in the same manner as herein prescribed for the National 
Code Authority. 

(d) Each State Committee shall have the power to establish such 
districts as it may deem necessary for the administration of this Code, 
in the same manner as herein prescribed for the National Code 
Authority. 

(e) Each State Committee shall have the following powers and 
duties, subject to such rules and regulations as may be issued by the 
National Recovery Administration: 



(aa) To appoint district committees, with the advice and coopera- 
tion of members of the trade and/or associations of trade members 
within any such district, for the purpose of assisting the State Com- 
mittee in (1) the administration of this Code, (2) securing adlierence 
thereto and compliance therewith, (3) hearing and adjusting com- 
plaints, (4) considering proposals for amendments to and exemptions 
from this Code, and (5) otherwise cariying out within such districts, 
by cooperation and through the State Committee, the purposes of the 
Act and of this Code. 

Article VII — Trade Practices 

RULE 1. COSTS AND PRICE CDTTING ^ 

Section 1. Cost Finding and Aceovm,ting. — The National Code Au- 
thority shall cause to be formulated methods of cost finding, estimat- 
ing and accounting capable of use b}' all members of the trade, and 
shall submit such methods to the National Recovery Administration 
for review. If approved by the National Recovery Administration, 
full information concerning such methods shall be made available 
to all members of the trade. Thereafter, each member of tlie trade 
shall utilize such methods to the extent found practicable. Nothing 
herein contained shall be construed to permit the National Code Au- 
thority or any other administrative agency or agent thereof or any 
member of the trade to suggest uniform additions, percentages or 
differentials or other uniform items of cost which are designed to 
bring about arbitrary uniformity of costs or prices. 

Section 2. WUfuIly Destructive Pnoe Cutting. — The standards of 
fair competition for the trade with reference to pricing practices are 
declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of com- 
petition and is forbidden. Any member of the trade or of any other 
trade or the customers of either may at any time complain to the 
National Code Authority'- or any State or District Committee that 
any offered 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 Na- 
tional Code Authority or any State or District Committee shall 
within five (5) days afford an opportunity to the member offering 
such price to answer such complaint and shall within fourteen (14) 
days make a ruling or adjustment thereon. If such ruling is not con- 
curred in by either party to the complaint, all papers shall be referred 
to the Research and Planning Division of N. R. A. which shall render 
a report and recommendation thereon to the National Recovery 
Administration. 

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

(c) "WTien an emergency exists as to any given product or service, 
sale below the stated minimum price of such product or service, in 
violation of Section 3 hereof, is forbidden. 



• See paragraph 2 of order approving this Code. 



90 

Section 3. Emergency Provisions. — (a) If the National Recovery 
Administration, after investigation shall at any time find both (1) 
that an emergency has arisen within the trade adversely affecting 
small enterprises or wages or labor conditions, or tending toward 
monopoly or other acute conditions which tend to defeat the purposes 
of the Act; and (2) that the determination of the stated minimum 
price for a specified product or service within the trade for a limited 
period is necessary to mitigate the conditions constituting such emer- 
gency and to effectuate the purposes of the Act, the National Code 
Authority or any State Committee may cause an impartial agency to 
investigate costs and to recommend to the National Recovery Admin- 
istration a determination of the stated minimum price of the product 
and/or service affected by such emergency and thereupon the Na- 
tional Recovery Administration may proceed to determine such stated 
minimum price. 

(b^ When the National Recovery Administration shall have de- 
termined such stated minimum price for a specified product and/or 
service for a stated period, which price shall be reasonably calculated 
to mitigate the conditions of such emergency and to effectuate the 
purposes of the Act, it shall publish such price. Thereafter, during 
such stated period, no member of the trade shall sell such specified 
product and/or service at a net realized price below said stated mini- 
mum price and any such sale shall be deemed destructive price cutting. 
From time to time, the National Code Authority or any State Com- 
mittee may recommend review or reconsideration or the National Re- 
covery Administration may cause any determinations hereunder to be 
reviewed or reconsidered and appropriate action taken. 

Section 4. No member of the trade shall enter into any agreement, 
understanding, combination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any member of the trade to change 
his price terms by use of intimidation, coercion, or any other influence 
inconsistent with the maintenance of a free and open market. For 
the purposes of this Code the term " price terms " shall, but without 
limitation, mean and include all prices, discounts, rebates, allowances, 
and all other terms or conditions of sale. 

RULES 2 

No member of the trade shall publish advertising (whether printed, 
radio, display, or of any other nature) which is misleading or inaccu- 
rate LQ any material particular nor shall any member in any way 
misrepresent any goods or services (including, but without limita- 
tion, their use, trademark, grade, quality, quantity, origin, size, sub- 
stance, character, nature, finish, material, content or preparation 
thereof) or credit terms, value, policies, or the nature or form of the 
business conducted. 

RULE 3 

No member of the trade shall knowingly post-date or pre-date any 
contract, invoice, quotation or receipt; knowingly withhold from or 
insert in any contract, invoice quotation or receipt any statement 
which makes such contract, invoice, quotation or receipt a misleading 
or inaccurate statement in any material particular; or accept or offer 



91 

to accept any such contract for tfce purpose of and with the effect of 
injuring the business of a competitor or of violating or evading any 
provision of this Code. 

RXJLE 4 

No member of the trade shall brand, mark, pack, or otherwise mis- 
represent any goods or services in any manner which is intended to or 
does deceive or mislead purchasers in any material particular with 
respect to such goods or services (including, but without limitation, 
the brand, grade, quality, quantity, origin, size, substance, character, 
nature, finish, material, content or preparation thereof). 

RULE 5 

No member of the trade shall defame a competitor by falsely im- 
puting to him dishonorable conduct, inability to perform contracts, 
questionable credit standing, or by other false representations, or by 
falsely disparaging the grade or quality of his goods and/or services. 

RULE 6 

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

RULE 7 

No member of the trade shall wilfully induce or attempt to induce 
the breach of existing contracts between competitors and their cus- 
tomers by any false or deceptive means, or interfere with or obstruct 
the performance of any such contractual duties or services by any such 
means, with the purpose and effect of hampering, injuring or em- 
barrassing competitors in their business. 

RULE 8 

No member of the trade shall offer or make any payment or allow- 
ance 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 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 9 

No member of the trade shall offer or give prizes, premiums or gifts 
of any nature including the products or services of this trade or any 



92 



other trade or industry in connection with the sale of the products 
and/or services of this trade, or as an inducement thereto (unless such 
prizes, premiums or gifts are offered or given to all buyers, or poten- 
tial buyers of the same class) ; or by any scheme which involves lottery, 
misrepresentation, fraud and/or commercial bribery in any form. 



RULE 10 



No member of the trade shall fail to include a complete, accurate 
and itemized list of all materials, parts or services and the selling 
prices thereof in either the contract, invoice, quotation, or receipt 
covering any sale or offer for sale thereof. All new and/or second- 
hand materials and/or parts shall be so designated. 



RTJLE 11 



No member of the trade shall fail to render an invoice or bill for 
each sale of the products or services of this trade. 



BTJLE 12 



No member of the trade shall combine in quotations or contracts 
for the sale of the products or services of this trade, a quotation or 
contract for the sale of the products or services of any other trade 
or industry, for the purpose or with the effect of concealing the true 
selling prices of tlie products or services of this trade. 



RULE 13 



No member of the trade shall furnish any inaccurate or mislead- 
ing information to the National Recovery Administration, the Na- 
tional Code Authority, the National Administrative Committee, any 
State or District Committee or any agency thereof. 



RULE 14 

No member of the trade shall require that the sale or lease of any 
product or service of this trade or of any other trade or industry, 
shall be requisite or prerequisite to the purchase or sale of any of 
the products or services of this trade. 

RULE 15 

No member of the trade shall recall or revise or offer to recall or 
revise any written quotation, proposal or bid submitted to a buyer 
or potential buyer of any product or service of this trade, for the 
purpose of submitting more favorable price terms, unless the buyer 
had proposed a revision in the quantity and/or quality of the prod- 
ucts and/or services to be purchased.^ 

RULE 16 

No member of the trade shall furnish any product or service of this 
trade to any person (except to charity), except for such considera- 



• See pai-agraph. 2 of order approving tliia Code. 



93 

tion, expressed or implied, as may be included by a quotation, con- 
tract, guarantee, warranty or other agreement covering such product 
or service, except as otherwise provided in Rule 9. 

Article VIII — Price Increases 

Wliereas the policy of the Act to increase real purchasing power 
wiU 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 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. Such of the provisions of this Code as are not required 
to be included herein by the Act may, with the approval of the 
President, be modified or eliminated in such manner as may be indi- 
cated by the needs of the public, by changes in circumstances, or by 
experience. All the provisions of this Code, unless so modified or 
eliminated, shall remain in effect until June 16, 1935. 

Article X — Monopolies 

No provision of this Code shall be so applied as to permit monopo- 
lies or monopolistic practices, or to eliminate, oppress, or discriminate 
against small enterprises. 

Article XI — Effecti\^ Date 

" Effective Date " herein means, and this Code shall become effec- 
tive on, the first Monday after its approval by the President. 



Approved Ck)de No. 543. 
Registry No. 1724-27. 



o 



AMENDMENTS 



114532— 3E 



Approved Code No. 58 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CAP AND CLOSURE INDUSTRY 

As Approved on December 20, 1934 



ORDER 



Appro\t[ng Amendment of Code of Fair Competition for the Cap 
AND Closure Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Cap and Closure In- 
dustry, and a hearing 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 Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
KiLBOURNE Johnston, 

Acting Div-ision Administrator. 

Washington, D. C, 

Decemher 20, 193^. 

(95) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 
Sir : This is a report on the amendments to the Code of Fair Com- 
petition for the Cap and Closure Industry, to incorporate certain 
rules for Fair Trade Practices as affecting the Moulded Cap Division 
thereof. These amendments were proposed in accordance with Arti- 
cle IV of the Code as approved on October 20, 1933, a public hearing 
on the proposed amendments having been held on December 27, 1933. 

FINDINGS 

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

We find that : 

(a) The amendments to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act, including the removal of 
obstructions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and maintain- 
ing united action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabili- 
tating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendments on behalf of each or all of the Divisions of the 
Industry. 

(d) The Code 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. 

(96) 



97 

(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 amendments. 

For these reasons, therefore, these amendments have been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Adnrdnistrative Oiflcer. 
December 20, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CAP AND CLOSURE INDUSTRY 



AETICLE V 



Amend Section 2 to read as follows : 

" The rules for Fair Trade Practice for the Moulded Cap Division 
as set forth in Schedule " B " attached hereto are specifically made a 
part of this code." 

Renumber present Section 2 of Article V as Section 3. 



Add the following as 



u 



SCHEDULE "B ' 
RULES FOR FAIR TRADE PRACTICE FOR THE MOULDED CAP DIVTSION 

Section 1. — Each member of the Division shall file with a confi- 
dential and disinterested agent of the Code Authority or, if none, 
then with such an agent designated by the National Industrial Recov- 
ery Board, identified lists showing 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 prac- 
tices of said member. Such lists shall contain the price terms for 
all such standard products in the Division as are sold or offered for 
sale by said member and for such non-standard products of said mem- 
ber as shall be designated by the Code Authority. Said price terms 
shall in the first instance be filed within ten days after the date of 
approval of this provision. Price terms and revised price terms shall 
become effective immediately upon receipt thereof by said agent. 
Immediately upon receipt thereof, said agent shall by telegraph or 
other equally prompt means notify said member of the time of such 
receipt. Such lists and revisions, together with the effective time 
thereof, shall upon receipt be immediately and simultaneously dis- 
tributed to all members of the Division 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 mem- 
bers of the Division and their customers, as aforesaid ; provided, that 
prices filed in the first instance shall not be released until the expira- 
tion of the aforesaid ten day period after 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 the National Industrial Re- 
covery Board. Upon request the Code Authority shall furnish to 
the National Industrial Recovery Board or any duly designated 

(98) 



99 

agent of the National Industrial Kecovery Board copies of any such 
lists or revisions of price terms. 

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

Section 3. No member of the Division shall sell or offer to sell 
any products of the Division 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 Division 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 Divi- 
sion 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. Nothing in this Schedule contained shall be so con- 
strued as to prevent the performance by any member of any valid 
bona fide contract made and entered into before the effective date 
of this provision ; provided, however, that such contract has not been 
made and entered into before the effective date hereof in contempla- 
tion thereof and with the intent to defeat the purpose thereof. 

Section 6. For all purposes of the Code the following-described 
acts shall constitute unfair practices: 

A. No member of the Division shall brand or mark or pack any 
goods in any manner which tends to deceive or mislead purchasers 
with respect to the brand, grade, quality, quantity, origin, size, sub- 
stance, character, nature, finish, material content or preparation of 
such goods. 

B. No member of the Division shall secretly offer or make any pay- 
ment or allowance of a rebate, refund, commission, credit, unearned 
discount or excess allowance, whether in the form of money or other- 
wise, nor shall a member of the Division secretly offer or extend to 
any customer any special service or privilege not extended to all 
customers of the same class, for the purpose of influencing a sale. 

C. No member of the industry shall 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. Commercial brib- 
ery provisions shall not be construed to prohibit free and general 
distribution of articles commonly used for advertising except so far 
as such articles are actually used for commercial bribery as herein- 
above defined. 

D. No member of the Division shall permit sales agents or repre- 
sentatives to split commissions with purchasers. 

E. No member of the Division shall make false invoices. 

Approved Code No. 58 — Amendment No. 1. 
Registry No. 1022-1-03. 



Approved Code No. 40 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 



FOR THE 



ELECTRIC STORAGE AND WET PRIMARY BATTERY 

INDUSTRY 

As Approved on December 20, 1934 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Electric Storage and Wet Primary Battery 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 Electric Storage and Wet 
Primary Battery Industry, and an opportunity to be heard having been 
noticed to all interested persons, and no objections having been filed, 
and the annexed report on said amendment, containing findings with 
respect thereto, having been made and dii'ected 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, and otherwise, does hereby incorporate, by reference, 
said annexed report and does find that said amendment and the Code 
as constituted after being amended comply in all respects with the 
pertinent provisions and will promote the policy and purposes of said 
Title of said Act, and does hereby order that said amendment be and 
it is hereby approved, and that the previous approval of said Code is 
hereby amended to include an approval of said Code in its entirety 
as amended, such approval and such amendment to take effect ten 
(10) days from the date hereof, unless good cause to the contrary is 
shown to the National Industrial Recovery Board before that time 
and 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, 

Division Administrator. 

Washington, D. C, 

December 20, 193 J^. 

(101) 



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 Electric Storage and Wet Primary Battery Industry, 
submitted by the Code Authority for the said Industry. Notice of 
Opportunity to be Heard was noticed to all interested parties. No 
objections were filed. 

This amendment is necessary in order to correct typographical 
errors, and to clarify the intent of certain of the provisions of the 
Code. 

FINDINGS 

The Acting 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 coopera- 
tive 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. 

(b) The Code as amended comphes in all respects with the pertinent 
provisions of said Title of said Act, including -wdthout limitation Sub- 
section (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 monopoUstic practices. 

(d) The amendment and the Code as amended are not designed to 
and will not elimmate or oppress small enterprises and will not operate 
to discriminate against them. 

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

For these reasons, therefore, this amendment is approved. 
For the National Industrial Recovery Board: 

W. A. Harriman, 
Administrative Officer. 
December 20, 1934. 

(102) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ELECTRIC STORAGE AND WET PRIMARY BAT- 
TERY INDUSTRY 

Schedule 1, Section 1 (A), "Branding", is amended to read: 

"Failure either actually to mark or brand each battery classified 
as Class I Products in Schedule II, or to refer by type or number or 
other designation marked on the battery to published specifications, 
with respect to the capacity and quahty of the batteiy as set forth 
in Schedule II, Class I Products, Section 2 is an unfair trade practice." 

Schedule I, Section 3, "Misrepresentation", is amended to read: 

"The making or permitting to be made or pubhshed of any false, 
untrue or deceptive statements, by advertising or otherwise, con- 
cerning the capacity, quahty, performance, substance, natm-e, origin, 
size or preparation of any batteries, component parts, electrolyte or 
accessories is an unfair trade practice." 

Schedule II, Section 2, Group I, "Adjustment Period for Wood 
Insulation", first number of months in column is amended to read 
"6". 

Schedule II, "Domestic Marketing Standards for Class I Prod- 
ucts" — Section 2, "Guarantees & Adjustment PoUcy" — the para- 
graph reading: 

"The ampere-hour capacity as given above shall be determined 
as pro^dded in the standard specifications for lead acid storage bat- 
teries for automotive equipment of the Society of Automotive 
Engineers (Adopted January, 1932)." 
is amended to read: 

"The capacities as given above shall be determined as provided 
in the standard specifications for lead acid storage batteries for auto- 
motive equipment of the Society of Automotive Engineers. (Adopted 
January, 1932)." 

Schedule II, "Domestic Marketing Standards for Class II Prod- 
ucts", Section 2 (D) is amended to read: 

"In no case shall a cash refund be allowed." 

Approved Code No. 40 — Amendment No. 2. 
Registry No. 699-1-05. 

(103) 



Approved Code No. 431 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TOLL BRIDGE INDUSTRY 

As Approved on December 20, 1934 



ORDEK 



Approving Amendment of Code of Fair Competition for the Toij^^ 

Bridge 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 Toll Bridge Industry^ 
and an opportunity to be heard having been duly afforded to all 
interested parties and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President : 

NOW THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to 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. Pro- 
vided, however, that the first sentence of Section 10 and the whole 
of Section 12 of Article VI of said Code be and the same are hereby 
stayed pending further order of the National Industrial Recovery 
Board. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Ojflcer. 

Approval recommended : 
L. H. Peebles, 

Acting Division Administrator. 

Washington, D. C, 

Decemler 20, 193^. 

(105) 



EEPORT TO THE PRESIDENT 

The President, 

The White HoiLse. 

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 Competition 
for the Toll Bridge Industrj^. 

The Code of Fair Competition for the Toll Bridge Industry was 
approved on May 17, 1934. Article VI, Section 8, provides that : 

"(8) Members of the Industry shall sustain their reasonable share 
of the expenses of the Code Authority and its activities. Such 
•easonable share of the expenses of administration shall be determined 
by the Code Authority, subject to review by the Administrator, on 
the basis of volume of business and/or such other factors as may be 
deemed equitable." 

The above Section of Article VI 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 
Code has been found to be unsatisfactory. Subsection (e) of 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 Code Authority. 

Subsections (a), (b), (c), and (d), of the present amendment per- 
tain to the duties of the Code Authority, and the purpose and effect 
of these provisions are to bring the Code as amended to conformity 
with Section 7 of the Standard Outline of the Model Code. 

It has developed that Subsection (b) of the proposed amendment 
is inconsistent with the first sentence of Section 10 of Article VI 
which specifies that reports be made by members of the Industry to 
the Code Authority through an impartial agency. It has been 
found also that paragraph 2 of Subsection (e) of the proposed 
amendment is inconsistent with Section 12 of Article VI which re- 
stricts the use of NRA insignia to members of the Industry who have 
assented to and are complying with the Code. It is important that 
the Code Authority be empowered to levy mandatory assessments 
on members of the Industry since it has not the means to function 
until these steps are taken. As the amendment contains only model 
provisions it is preferable that the inconsistent provisions now in the 
Code be removed. To save time, this has been done by staying such 
provisions with the understanding that the Code Authority will sub- 
mit, as soon as possible, an amendment deleting such provisions. 

FINDINGS 

The Deputy Administrator, in his final report to the National 
Industrial Recovery Board on said amendment of said Supplemen- 
tary Code, having found as herein set forth and on the basis of all 
of the proceedings in this matter : 

(106) 



107 

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 Eecovery Act including the removal of obstruc- 
tion 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 coop- 
erative action among trade groups, by inducing and maintaining 
united action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabilitat- 
ing industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
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 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 Eecovery Board : 

"W. A. Haeriman, 
Administrative Oficer. 

December 20, 1934. 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE TOLL BRIDGE INDUSTRY 

The Code of Fair Competition for the Toll Bridge Industry shall 
be amended by deleting Section 8 of Article VI, and inserting in 
lieu thereof : 

"(8) 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. 

(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 obtain from members of the industry such informa- 
tion and reports as are required for the administration of the 
Code. 

(c) To use such trade associations and other agencies as it 
deems proper for the carrying out of any of its activities pro- 
vided 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. 

(d) To make recommendations to the National Industrial Re- 
covery Board for the coordination of the administration of this 
Code and such other codes, if any, as may be related to or affect 
members of the industry, 

(e) 1. 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 herein- 
after 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 the members 
of the industry; 

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

(108) 



109 

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 Indus- 
trial Recovery Board. Only members of the industry comply- 
ing with the Code and contributing to the expenses of its admin- 
istration as hereinabove provided, (unless duly exempted from 
making such contributions,) shall be entitled to participate in 
the selection of members of the 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 obli- 
gation substantially in excess of the amount thereof as estimated 
in its approved budget, and shall in no event exceed the total 
amount contained in the approved budget, except upon approval 
of the National Industrial Recovery Board; and no subsequent 
budget shall contain any deficiency item for expenditures in 
excess of the prior budget estimates except those which the 
National Industrial Recovery Board shall have so approved," 

Approved Code No. 431 — Amendment No. 1. 
Registry No. 1713-2-15. 



114532—35- 



Approved Code No. 7 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORSET AND BRASSIERE INDUSTRY 
As Approved on December 21, 1934 



ORDER 



ApprovIxN'G Amendment of Code of Fair Competition for the 
Corset and Brassiere Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the National Industrial Re- 
covery Act, approved June IG, 1933, for approval of an amendment to 
a Code of Fair Competition for the Corset and Brassiere Industry, 
and opportunity to be heard having been afforded all members of said 
Industry and a,ny objections filed having been duly considered and 
the annexed report on said amendment containing findings with re- 
spect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
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 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. 
December 21, 1934. 

(Ill) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An amendment to the Code of Fair Competition for the Corset 
and Brassiere Industry, approved August 14, 1933, was proposed by 
the Code Authority for this Industry, A Notice of Opportunity to 
be Heard on the proposed amendment was pubhshed October 2, 1934, 
and no objections were received. 

Section (a) of Article 8 has been amended to provide for an alternate 
for each Industry Member of the Code Authority, and three instead 
of two Administration Members, one of whom may be appointed on 
the nomination of the Labor Advisory Board. In addition the 
amendment provides that the Board of Directors of the Corset and 
Brassiere Association shall elect the Industry Members, together with 
an alternate for each, subject to the approval of the National Industrial 
Recovery Board. The Code as approved provides that the Industry 
Members of the Code Authority shall be appointed by the president 
of the Association. 

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) Tlie amendment to said Code and the Code as amended are 
well designed to promote the poHcies 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 tlie amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabili- 
tating industry. 

(b) The Code as amended complies in aU 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 wiU not permit monopolies or monopolistic practices. 

(112) 



113 

(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 Industrual Recovery Board: 

W. A. Harriman, 
Administrative Officer. 
December 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
CORSET AND BRASSIERE INDUSTRY 

Article 8, Section (a), is amended by substituting in lieu thereof the 
following: 

There shall be constituted a Code Authority for the Corset and 
Brassiere Industry wliich shall consist of not less than six (6) and not 
more than eight (8) Industry members with an alternate for each, 
and in addition thereto, not more than three (3) members, appointed 
by the National Industrial Recovery Board, one of whom may be 
appointed on the nomination of the Labor Advisory Board of the 
National Recovery Administration. Such Industry members to- 
gether with an alternate for each, shall be elected by the Board of 
Directors of the Corset and Brassiere Association of America, subject 
to the approval of the National Industrial Recovery Board. Such 
Administration members shall not have a vote and shall serve without 
expense to the Industry. 

Approved Code No. 7 — Amendment No. 2. 
Registry No. 220-1-02. 

(114) 



Approved Code No. 380 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

USED TEXTILE MACHINERY AND ACCESSORIES 
DISTRIBUTING TRADE 

As Approved on December 21, 1934 



ORDER 



Amendment of Code of Fair Competition for the Used Textile 
Machinery and Accessories Distributing Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16. 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Used Textile Ma- 
chinery and Accessories Distributing Trade, and Notice of Oppor- 
tunity to be Heard having been given, and the annexed report on 
said amendment containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority 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 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\t:ry Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Harry C. Carr 

Acting Division Administrator. 

Washington, D. C, 

December 21, 1934. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on an amendment to the Code of Fair Com- 
petition for the Used Textile Machinery and Accessories Distrib- 
uting Trade to inckide 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, b}^ 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 red.ucing 
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 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. 

(116): 



117 

(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. Haeriman, 

Administrative Of^cer. 
December 21, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 
THE USED TEXTILE MACHINERY AND ACCESSORIES 
DISTRIBUTING TRADE 

Amend Article VI by deleting Section 4 and substituting in lieu 
thereof the following : 

Section 4 — (a) It being found necessary in order to support the 
administration of this Code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of the 
Act, the Code Authority is authorized : 

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

(2) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary ( 1 ) an itemized budget of its estimated expenses 
for the foregoing purposes, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of the Trade ; 

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

(b) Each member of the Trade shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and regu- 
lations pertaining thereto issued by the National Industrial Recov- 
ery Board. Only members of the" Trade complying with the Code 
and contributing to the expense of its administration as hereinabove 
provided, unless duly exempted from making such contributions, 
shall be entitled to participate in the selection of members of the 
Code Authority or to receive the benefits of any of its voluntary 
activities or to make use of any emblem or insignia of the National 
Recovery Administration, 

(c) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget; and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
National Industrial Recovery Board ; and no subsequent buclget 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. 380 — Amendment No. 1. 
Registry No. 1332-12. 

(118) 



Approved Code No. 302 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANDLE MANUFACTURING INDUSTRY AND 
THE BEESWAX BLEACHERS AND REFINERS 
INDUSTRY 

As Approved on December 22, 1934 



ORDER 



Appro\t:ng Amendment of Code of Fair Competition for the 
Candle Manufacturing Industry and the Beeswax Bleachers 
AND Refiners Industry 

An application liaving been 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 Candle Manufacturing 
Industry and the Beeswax Bleachers and Refiners Industry, and 
opportunity to be heard having been afforded all interested parties, 
and any objections filed having been duly considered, and the annexed 
report on said amendment containing findings with respect thereto, 
having been made and directed to the President : 

NOA¥, 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, 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. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Joseph F. Battle y. 

Acting Division Adnninistrator. 

Washington, D. C, 

Decemher 22, 1931^. 

(119) 



EEPOKT TO THE PEESIDENT 

The Peesident, 

The White House. 

Sir: An application has been dul}^ made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act for an amendment to the Code of Fair Competition for the 
Candle Manufacturing Industry and the Beeswax Bleachers and 
Refiners Industry, submitted by the Code Authority for such 
Industry, 

The purpose of this amendment is to empower the Code Authority 
to incorporate and also to provide for the establishment of a volun- 
tary liquidated damages agreement among members of the Industry 
for violation of any of the provisions of the Code. 

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

It is found that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 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 imfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise 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) This amendment and the Code as amended are not designed 
to and will not permit monopolies and monopolistic practices. 

(e) This amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
December 22, 1934. Administrative Ofjicer. 

(120) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CANDLE MANUFACTURING INDUSTRY AND THE 
BEESWAX BLEACHERS AND REFINERS INDUSTRY 

Article II, Section 6, shall be amended to read as follows : 

Section 6. The term "Act " as used herein shall mean Title I of 
the National Industrial Recovery Act. 

Article II shall be amended to include a new section to read as 
follows : 

Section 7. The term "Administrator " as used herein shall mean 
such person or persons, board or agency, as may from time to time 
be designated by the President, pursuant to Section 2 (b) of the Act 
to administer the provisions of such Act. 

Article VI shall be amended to include two new sections to read 
as follows : 

Section 9. The Code Authority may incorporate under the laws 
of any State of the United States or of the District of Columbia, 
such incorporation to be not for profit and to be known as " Candle 
and Beeswax Code Authority, Inc."; provided that the powers, 
duties, objects and purposes of the said Corporation shall, to the 
satisfaction of the Administrator, be limited to the powers, duties, 
objects and purposes of the Code Authority as provided in the Code; 
provided further that the Code Authority shall submit to the Ad- 
ministrator for his api^roval its proposed certificate of incorporation 
and proposed By-laws, and no amendment of either shall be made 
without the like prior approval of the Administrator. 

Section 10. If at any time the Administrator shall determine 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, he 
may, after such notice and hearing as he may deem necessay, require 
an appropriate modification of the structure of the Corporation (if 
consistent with the law of the State of Incorporation), the substitu- 
tion 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 he may deem expedient. 

The Code shall be amended to include a new Article to read as 
follows : 

Article XV — Damages 

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 

(121) 



122 

impossible accurately to determine the amount of such damage, it is 
hei^by provided that those members who may desire to do so may 
enter into an agreement among themselves embodying the following 
provisions : 

1. Each member violatmg any provision of this Code shall pa}" 
to the Treasurer of the Code Authority, as an individual and not as 
Treasurer, in trust, as and for liquidated damages, upon determina- 
tion of violation by the Administrator, or any impartial agency or 
person nominated by the Code Authority or designated by the 
assenters of this agreement and approved by the Administrator, 
amounts as set forth below : 

(a) For the violation of any wage provision, an amount equal to 
the difference bet>veen 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 
time and one-half of the employee's regular rate of pay, for all hours 
worked in excess of the maxima established in Article III of this 
Code ; 

(c) For the violation of any labor provision of the Code other 
than an hour or wage provision, 100 dollars ; 

(d) For the violation of any provision of the Code (other than 
a labor provision) involving a transaction incidental to or con- 
nected with a sale of any product of the Industry, an amount equal 
to 25 percent of the actual selling price of the product sold in viola- 
tion of any such provision or of the price at which the product 
should have been sold under the Code, if determinable, whichever 
is the higher, but not less than 25 dollars; 

(e) For the violation of any provision of the Code (other than 
a labor provision) not involving a transaction incidental to or 
connected with a sale of any product of the Industry, 100 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 employed directly 
affected by such violation ; Second, if the violation shall have been of 
a code provision, other than a labor provision, the damages arising 
therefrom shall be utilized to defray proper expenses of code admin- 
istration, and the balance, if any, remaining in the hands of the 
Treasurer shall be distributed semi-annually among members of the 
Industry who have assented hereto and who have not been 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 assess- 
ment made against members of the Industry for the expense of code 
administration. 

3. Assent to this Article by any member shall be evidenced by a 
signed statement signifying assent, filed with the Code Authority. 
Failure to assent to this Article shall not deprive any member of any 
other right or privilege under the Code. By so assenting, each mem- 
ber agrees with every other member and the Treasurer, individually 
(1) that violation of a code provision shall breech this agreement 
and shall render the violator liable for the payment of liquidated 



123 

damages as herein provided, (2) all rights and causes of action aris- 
ing 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. 

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 jDerform the duties of Trustee hereunder until 
his successor in office may have been appointed. 

6. The Code Authority shall submit to the National Recovery 
Administration a complete report on the disposition of each case 
arising under this Article. 

7. Nothing contained herein shall be construed or applied to (a) 
deprive any person of any right or right of action arising out of this 
code, or (b) relieve any member of the industry from any contractual 
or legal obligation arising out of this code or of the Act or otherwise ; 
nor shall violation of this agreement by an assenting member be 
deemed a violation of the code, so as to subject the violator to any con- 
sequence arising under Section 3 (b). Section 3 (c), or Section 3 (f) 
of the National Industrial Recovery Act, nor to any criminal prose^- 
cution of any kind. 

8. This agreement may be terminated at any time by a two thirds 
vote of the members entering into this agreement. 

Approved Code No. 302 — Ameudment No. 1. 
Registry No. 625-01. 



Approved Code No. 6 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LACE MANUFACTURING INDUSTRY 

As Approved on December 24, 1934 



OEDER 



Approving Amendment of Code of Fair Competition for the Lace 
Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recoverv Act, approved June 16, 1933, for approval of amendments 
to a Code of Fair Competition for the Lace Manufacturing Industry, 
and hearings having been duly held thereon and the annexed report 
on said amendments containing findings with respect thereto, having 
been made and directed to the President : 

XOW. 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 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 complies in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendments be and 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, Adyninistrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

Deceniber 2J^, 193 Jf. 

(125) 



114532—35- 



REPOKT TO THE PEESIDENT 

The President, 

The 'White House. 

Sir: This is a report on the Hearing on the Amendments to the 
■Code of Fair Competition for the Lace Manufacturing Industry, 
held in Koom 3208 of the Department of Commerce Building, on 
March 19, 1934. The Amendments which are attached were pre- 
sented by the Code Authority. 

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

The following Amendments are submitted for approval : 

The provisions of the Code relating to maximum hours which any 
employee may work have been changed to permit executives, outside 
sales force, supervisory staff, draftsmen and designers to work unlim- 
ited hours provided they are paid thirty-five dollars ($35) or more 
per week; electricians, shipping crews, cleaners, dyers, chauffeurs, 
and repair shop crews are permitted to work not more than forty- 
eiglit (48) hours per week providing time and one-half shall be paid 
for all hoUrs worked in excess of forty (40) hours per week; firemen 
and engineers are permitted to work not more than forty-eight (48) 
hours per week, provided time and one-half shall be paid for all 
hours worked in excess of forty-two (42) hours per week; watchmen 
are permitted to work not more than fifty-six (56) hours per week, 
with one day's rest (24 Hours) during each fourteen (14) day pe- 
riod; office employees are permitted to work forty (40) hours per 
week averaged over a period of six weeks, but not more than forty- 
eight (48) hours in any one week; the last paragraph of Article III 
is amended to prohibit the employment of persons under eighteen 
years of age at hazardous occupations; a new Article XV is added 
which permits the registration of " fabrics ", subject to the approval 
of National Industrial Recovery Board to the definition of " fabrics ", 

FINDINGS 

The Deputy Administrator in liis 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 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, b}^ inducing and maintain- 

(12G) 



127 

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 increas- 
ing purchasing jDOwer, by reducing and relieving unemployment, by 
improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said Amendments on behalf of the Industr}^ as a whole. 

(d) The Amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The Amendments and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For the above reasons these Amendments have been approved. 
For the National Industrial Recovery Board : 

^Y. A. HARRI3IAN, 

A dministrative Officer. 
December 24, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LACE MANUFACTURING INDUSTRY 

Article III is to be amended to read as follows : 

On and after the effective date employers in the Lace Manufactur- 
ing Industry shall not operate on a schedule of hours of labor for 
their employees in excess of forty hours per week and they shall not 
operate productive machinery in the lace manufacturing industry 
for more than two shifts of forty hours each per week, no matter 
by whom operated. 

No employee shall be permitted to work in excess of forty (40) 
hours in any one week, except as herein other wise provided. 

(a) Watchmen shall be permitted to w^ork not more than fifty-six 
(56) hours in any one week, provided that a rest of one day (twenty- 
four hours) be allowed during each fourteen (14) day period. 

(b) Draftsmen, designers, electricians, members of repair shop 
crews, cleaners, dyers, janitors, chauffers, and members of shipping 
crews shall be permitted to work not more than forty-eight (48) 
hours per week, provided that all such employees be paid at the rate 
of time and one-half for all hours per week over forty (40). Fire- 
men and engineers shall be permitted to work not more than forty- 
eight (48) hours per week, provided that all such emploj^ees shall be 
paid at the rate of time and one-half for all hours per week over 
forty-two (42) hours. 

(c) Executives and members of the super visorj^^ staff who earn 
regularly less than $35.00 per week shall be permitted to work not 
more than forty-eight (48) hours per week. 

(d) No employee shall be permitted to work more than forty (40) 
hours per week Avhose duties are not wholly within one or more of 
the classifications of employment for wdiich more than forty (40) 
hours per week are permitted. 

(e) The maximum hours of labor for office employees in the in- 
dustry shall be an average of forty (40) hours a M^eek over each 
period of six (6) weeks, but in no event shall exceed forty-eight (48) 
hours per week. 

(f) The provisions of this article shall not apply to persons em- 
ployed in an executive or supervisory capacity, draftsmen and de- 
signers, who earn regularly $35.00 per week or more, nor to outside 
salesmen, nor to employees engaged in emergency maintenance or 
emergency repair work involving protection of life or property, 
provided, however, that all employees engaged in emergency main- 
tenance or emergency repair work shall receive at least one and one- 
half times their normal rate of pay for all hours worked in excess 
of forty (40) hours in any one week or in excess of eight (8) hours 
in any twenty-four (24) hour period. 

(g) No person under sixteen (16) years of age shall be employed 
in the industry nor anyone under eighteen (18) years of age shall 
be employed at occupations hazardous in nature or detrimental to • 
health. The Code Authority shall furnish a list of such occupations 

(128) 



129 

within sixty (60) days after the effective date of this amendment. 
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, showing that the employee is of the required 
age. 

A new Article XV should be added to read as follows : 

Article XV 

Section 1. Xo member of the industr}' shall imitate or copy, or 
cause to be imitated or copied, or offer for sale or sell any imitation 
or copy of any fabric originally developed and produced b}' any other 
member of the industry, without the consent of such originating mem- 
ber, or the lawful successor to the rights of such originating member 
to said fabric. • 

(a) If, a sample of said fabric has been registered with an impar- 
tial agency to be designated by the Code Authority. In registering 
such fabric, the registrant shall submit a sworn statement in which 
he certifies that he has conceived said fabric or lawfully acquired 
ownership or rights thereto from the originator or prior owner 
thereof, and that to the best of his knowledge and belief, such fabric 
is in fact original as aforesaid. Such impartial agency shall accept 
any fabric submitted for registration as aforesaid, and shall issue a 
certificate of registration to the registrant, and 

(b) If, within three months after registration as aforesaid said 
fabric, or any article composed in whole or in part of such fabric, 
lias been offered for sale or sold or produced in commercial quantities 
in the regular course of business, and 

(c) If, said fabric or such articles composed in whole or in part 
of such fabric, when sold by the registrant, are identified by the mark 
•* Reg. XRA ", and the date of registration. 

Provided, that the prohibition herein against imitation or copy of 
any fabric shall expire one year from the date of registration thereof. 

Xothing herein shall be construed to limit the protection aft'orded 
to designers or manufacturers under existing law. 

Section 2. Any complaint or dispute which may arise under Sec- 
tion 1 of this Article shall, in the first instance, be referred to the 
Code Authority, which shall endeavor to adjust the same. If the 
Code Authority cannot effect an adjustment, the parties to such dis- 
pute may submit the matter to arbitration. If an}'^ dispute arising 
under Section 1 of this Article should involve a member of the Code 
Authority, said member of the Code Authority shall not participate 
in the adjustment of such dispute. The Code Authority shall relieve 
any such member of his duies pending the settlement of such dispute, 
replacing him with an appointment pro tempore of another person 
engaged in the industry or his representative. 

Section 3. This Article thall not become effective prior to the sub- 
mission by the Code Authority and approval by the National Indus- 
trial Recovery Board of the definition of the word " fabric." 

Approved Code No. 6 — Amendment No. 3. 
Registry No. 244-01. n 



Approved Code No. lA — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

COTTON CONVERTING INDUSTRY 

As Approved on December 27, 1934 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR the Cotton Textile Industry 

All application 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 Cotton 
Textile Industr3% 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 hereb}^ incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the polic}^ and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby 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, 

December 27, 19S4. 

(131) 



REPORT OF THE PRESIDENT 

The President, 

TTie 'White House. 

Sir : This is a report on a public hearing on an amendment to the 
Supplementary Code of Fair Competition for the Cotton Textile 
Industry held on September 28, 1934, in Room 2066, Department of 
Commerce Building, Washington, D. C. The amendment which is 
attached was presented by duly 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. 

The following is a resume of the amendment : 

The change in Article III extends the scope of definitions to in- 
clude two new Divisions. 

The change in Division 1, Section V provides that certain activities 
of the Code Authority shall be subject to the approval of the 
National Industrial Recoveiy Board. 

Division 2, Section V provides that certain activities of the Code 
Authority shall be subject to the approval of the National Industrial 
Recoveiy Board. 

Division 3, Section 2, establishes delivery terms. 

Division 3, Section 6 provides that certain activities of the Code 
Authority shall be subject to the approval of the National Industrial 
Recovery Board. 

Division -i, Section 5 provides that certain activities of the Code 
Authorit}' shall be subject to the approval of the National Industrial 
Recovery Boaid. 

Division 4, Section 8 prohibits options. 

Division 5, Section 7 provides that certain activities of the Code 
Authority shall be subject to the approval of the National Indus- 
trial Recovery Board. 

Division 6, Section 6, provides that certain activities of the Code 
Authority shall be subject to the approval of^ the National Indus- 
trial Recovery Board. 

Division 7. Section 3, provides that certain activities of the Code 
Authorit}^ shall be subject to the approval of the National Indus- 
trial Recovery Board. 

Division 8 is a new division added to the Code. 

Section 1 establishes maximum terms of sale. 

Section 2 defines conditions relative to deliveries. 

Section 3 defines city of origin. 

Section 4 prohibits advertising allowances. 

Section 5 prohibits options. 

Section 6 conditionally prohibits consignments. 

Section 7 prohibits stock protection or stock guarantees. 

Section 8 prohibits transaction of business on Saturdays and 
■Sundays. 

(132) 



133 

Division 9 establishes a new division of tlie Industry. 
Section 1 establishes maximum terms of sale. 
Section 2 defines delivery terms. 
Section 3 defines city of origin. 

Section 4 establishes rules concerning sample requirements. 
Section 5 prohibits advertising allowances. 
Section 6 prohibits options. 
Section 7 provides for uniform sales contract. 
Section 8 concerns contracts for future delivery. 
Section 9 prohibits stock protection or price guarantees. 
Section 10 conditionally prohibits consignment. 
Section 11 prohibits the transaction of business on Saturdays and 
Sundays. 

FINDINGS 

Tlie 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 designed to promote the policies and purposes of Title I of the 
National Industrial Recover}- Act. including removal of obstructions 
to the free fiov^• 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, b}^ eliminating unfair competitive prac- 
tices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as ma}^ be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving the standards of labor and by otherwise 
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 Code empowers the Code Authorit}^ 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. Harrimann. 

Administrative Oiflcer. 
December 27, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE COTTON CONVERTING INDUSTRY 

A DIVISION OF THE COTTON TEXTILE INDUSTRY 

Section III 

Delete the first sentence of Section III and substitute therefor 
the following: 

" There shall be constituted at this time in this branch of the 
Industry the following divisions of finislied goods, the precise scope 
oi these divisions being further defined in Section V hereof : 

1. Clothiers' Linings (other than ail-cotton). 

2. Corset, Brassiere, and Allied Trades Fabrics. 

3. All-Cotton Clothing Linings. 

4. Curtain and Drapery Fabrics. 

5. Shirtings. 

6. Wash Goods. 

7. Interlinings. 

8. Bleached Goods. 

9. Cotton Linings, for all purposes not otherwise provided." 

Division 1 

Section 5. Substitute comma for period at end of last sentence 
in Section 5 and add the following : " subject to the approval of the 
Administrative Committee, the Code Authority and the National 
Industrial Recovery Board." 

Division 2 

Section 5. Substitute comma for period at end of last sentence in 
Section 5 and add the following: "subject to the approval of the 
Administrative Committee, the Code Authority and the National 
Industrial Recovery Board." 

Division 3 

Sections 2 and G. Strike out Section 2 and add a new Section as 
follows : 

" 2. Deliveries. — All goods shall be sold f . o. b. mill or main ware- 
house, provided the location of such main warehouse shall be regis- 
tered with the Textile Fabrics Association, and provided further 
that goods may be delivered without charge to the first common car- 
rier (transportation agency) or to customer if located within the city 
limits of registered main warehouse." 

(134) 



135 

Section 6. Substitute comma for period at end of last sentence of 
Section 6 and add tiie following: ''subject to the approval of the 
Administrative Committee, the Code Authority and the National 
Industrial ^Recovery Board." 

Division* 4 

Sections 5 and 8. Substitute comma for period at end of last sen- 
tence in Section 5 and add the following: " subject to the approval of 
the Administrative Committee, the Code Authority and the National 
Industrial Recovery Board." 

Add a new Section 8 as follows : 

" 8. Oftions. — No options shall be given." 

Division 5 

Section 7. Substitute comma for period at end of last sentence 
in Section T and add the following: " subject to the approval of the 
Administrative Committee, the Code Authority and the National 
Industrial Recoveiy Board." 

Division 6 

Section 6. Substitute comma for period at end of last sentence 
in Section 6 and add the following: "subject to the approval of the 
Administrative Committee, the Code Authority and the National 
Industrial Recover}'' Board." 

Division T 

Section 3. Substitute comma for period at end of last sentence 
in Section 3 and add the following: " subject to the approval of the 
Administrative Committee, the Code Authority and the National 
Industrial Recover^'- Board." 

Add a new Division 8 to Section V of the Supplementary Code 
as follows : 

DmsiON 8 — Bleached Goods 

definition 

The products included in this Division are those cloths commonly 
known as bleached goods, consisting of Nainsooks, Long Cloths, Mus- 
lins and Cambrics, finished from print cloth or other constructions, 
in carded or combed j^arns. and Pa jama Checks, Lingerie Cloths, 
Handkerchief Cloths and Underwear Fabrics, in white or tint fin- 
ishes, sold to cutters, wholesalers, chain stores, retailers, catalogue 
and/or mail order houses. 

trade practices 

1. I'erms of Sale shall not exceed 2% — 10 days, 60 extra, or 
21/0 ff— 10 days, 30 extra: or 3% C. O. D.. or 3%— 10 days, effec- 
tive from date of invoice or shipment, whichever is earlier ; no extra 



136 

dating- to be allowed. Interest shall be charged at the rate of 6% 
per annum on all past due accounts, such charge starting at maturity 
of bill. Anticipation may be allowed at a rate not to exceed 6% 
per annum. 

2. Deliveries. — All goods shall be sold f. o. b. city of origin, with 
the exception of goods sold to retailers (not including chain stores) 
wdiich shall be sold f. o. b. city of origin or main warehouse registered 
with the Textile Fabrics Association, and provided further that 
goods sold to retailers (not including chain stores) may be delivered 
without charge to the first common carrier (transportation agenc}'^) 
or to store, if such store be located within the city limits of regis- 
tered main warehouse. 

3. In the case of shipments from finished stock carried in New 
York City, the city of origin is the bleachery, dye works, and/or 
finishing plant at which the goods were processed. 

4. Advertising Allowances. — Fabric demonstration, or allowances 
therefor, or advertising allowances in any form, shall be prohibited. 

5. Ojytions. — No options shall be given. 

6. Consignments. — No merchandise may be sold on consignment, 
nor maj^ any method of selling be used which has the ettect of selling 
on consignment or memorandum. Sample pieces to manufacturers 
for inspection are exempt from the application of this rule. The 
Divisional Committee shall have the power to suspend the operation 
of the provisions of this Section, subject to the approval of the 
Administrative Committee, the Code A^ithority and the National 
Industrial Recovery Board. 

7. No stock protection or price guarantee shall be given. 

8. Saturday Closing. — Sales offices shall not be open for the trans- 
action of business on Saturdays and Sundays. 

Amend Section V of the Supplementary Code by adding a new 
Division 9 as follows : 

Division 9 — Cotton Linings fok All Purposes Not Otherwise 

Provided 

definition 

The products included in this Division are cotton linings sold for 
use for all purposes not otherwise provided for in this Supple- 
mentary Code, including those sold for use in the manufacture of 
Dresses, Hats, Caps, Draperies, Furniture, Pocket-books, Neckwear, 
Millinery, Bias Bindings, Comfortables and Luggage, including 
those same fabrics when sold to other cutting trades and/or whole- 
salers, retailers, chain stores and/or mail order distributors. 

TRADE PRACTICES 

1. Terms of sale shall not exceed 2%-10 days, 60 extra, or 2i/^%-10 
days, 30 extra, or 3%-10 days or 3%-C. O. D., effective from date 
of invoice or shipment, whichever is earlier; no extra dating shall 
be allowed. Anticipation shall be charged at legal rate of interest. 
Past due payments shall carry interest at legal rate from date of 
maturity. 



137 

2. Deliveries. — All goods shall be sold f. o. b. city of origin, with 
the exception of goods sold to retailers (not including chain stores) 
which shall be sold f . o. b. city of origin or main warehouse registered 
with the Textile Fabrics Association, and provided further that goods 
sold to retailers (not including chain stores) may be delivered with- 
out charge to the first common carrier (transportation agency) or to 
store, if such store be located within the city limits of registered main 
warehouse. 

3. In the case of shipments from finished stock carried in New 
York City, the city of origin is the bleachery, dye works, and/or 
finishing plant at which the goods were processed. 

4. Sample Requirements. — All sample requirements furnished job- 
bers, catalog houses, chain stores and manufacturers, shall be charged 
at full cost, calculating fabric furnished at sales price. Reference 
sets not to exceed three in number to any one customer may be fur- 
nished free of charge on request. 

5. Advertisin<g Allowances. — Fabric demonstration or allowances 
therefor or advertising allowances in any form whatsoever are 
prohibited. 

6. Oftions. — No options shall be given. 

7. Uniform Sales Contract. — A form of sales note recommended 
by the Divisional Committee and the Administrative Committee and 
approved by the Code Authority and the National Industrial Re- 
cover}- Board shall be used and adhered to on all sales for future 
deliverJ^ 

8. Contracts for future delivery shall not be taken for a period 
exceeding five (5) months from date of original order. In eases 
where enforcement of this provision in the opinion of any member 
will work a hardship on any customer, a further extension of thirty 
(30) days may be granted on application, and after approval by the 
Divisional Committee. 

9. No stock protection or price guarantee shall be given. 

10. No merchandise may be sold on consignment, nor may any 
method of selling be used which has the effect of selling on consign- 
ment or memorandum. Sample pieces to manufacturers for inspec- 
tion are exempt from the application of this rule. The Divisional 
Committee shall have the power to suspend the operation of the pro- 
visions of this Section, subject to the approval of the Administrative 
Committee, the Code Authority and the National Industrial Recovery 
Board. 

11. Sales offices shall not be open for the transaction of business on 
Saturdays and Sundays. 

Approved Code No. lA — Amendment No. 1. 
Registi-y No. 29&-48. 



Approved Code No. 337 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COAL DOCK INDUSTRY 

As Approved on December 28, 1934 



OKDER 



Approving Ajiexdmext of Code of Fair Competition for the Coal 

Dock 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 Comx)etition for the Coal Dock 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. G859, and otherwise, does hereby incorporate, 
by reference, said annexed report and does find that said amendment 
and the Code as constituted after being amended complies in all 
respects with the pertinent provisions and will promote the policies 
and the purposes of said Title of said Act; and does hereb}^ order 
that said amendment be and is hereby approved, and that the pre- 
vious approval of said Code is hereby amended to include 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 REC0^^ERY Board, 
By W. A. Harriman, Admlnhtrative Officer. 

Approval recommended : 
W. P. Ellis. 

Acting Division Administrator. 

Washington, D. C, 

December 28, 1934. 

(139) 



EEPORT TO THE PRESIDENT 

The President, 

The White Home. 

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 
Coal Dock Industry, submitted by the Code Authorities for the said 
Industry. 

The existing provision of Article VI, Section 6, of the Code for 
said industry, is entirely inadequate in view of the necessity for 
seeking an amendment to the Code to make nonpayment of assess- 
ments a Code violation, and it is therefore evident that the pro- 
posed amendment to Article VI, Section 6, of said Code will over- 
come the existing inadequate provision. 

FINDINGS 

The Acting Deputy Administrator in his final report to us on 
the amendment to the Code of Fair Competition for the Coal Dock 
Industry 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 ob- 
structions to the free floAv 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 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- 
tion of production (except as may be temporarily required) by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(140) 



141 

(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. 

Said amendment is accordingly approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administi'ative Officer. 
December 28, 1934. 



114532—35- 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE COAL DOCK INDUSTRY 

Delete Section 6 of Article VI and substitute in lieu thereof the 
following : 

Section 6. (1) It being found necessary, in order to support the 
administration of this Code and to maintain the standards of fair 
competition established by this Code and to effectuate the policy of 
the Act, the Divisional Code Authority is authorized, subject to the 
approval of the National Industrial Recovery Board ; 

(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 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary, (1) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (2) an equitable basis upon 
which the funds necessary to support such budget shall be contrib- 
uted by members of the Industry; 

(c) After such Jjudget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine 
and secure equitable contribution as above set forth by all such mem- 
bers of the Industry, and to that end, if necessary, to institute legal 
proceedings therefor in its own name. 

(2) Each member of the industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued hy 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 the 
members of the Divisional Code Authority or to receive the benefit 
of its voluntary activities or to make use of any emblem or insignia 
of the National Recovery Administration. 

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

Amend Section 8 of Article VI by deleting Sub-sections (e) and 
(f) and designate sub-section (g) as sub-section (e). 

Approved Code No. 337 — AniendiDent No. 1. 
Registry No. 701-35. 

(142) 



Approved Code No, 408 — Amendment No. 2 

a]vie:ndment to code of fair competition 

FOR THE 

UNDERGARMENT AND NEGLIGEE INDUSTRY 

As Approved on December 29, 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 certain 
amendment to the Code of Fair Competition for the Undergarment 
and Negligee 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, the National Industrial Recovery Board, 
pursuant to authority vested in it by Executive Orders of the Presi- 
dent, 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 Avill 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 be and it is 
hereby amended to include an approval of said Code in its entirety 
as amended. 

National Industrl^l Recovery Board, 
By ^y. A. Harriman, Administrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

Decemler 29, 193^. 

(143) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act for amendment to the Code of Fair Comi^etition for 
the Undergarment and Negligee Industry, to provide for alternates 
to the members of the Industry who are on the Code x^Luthority, and 
also to provide for two representatives and a similar number of 
alternates to be nominated by the Labor Advisory Board, and who 
shall have the right to vote on all questions affecting labor compli- 
ance and enforcement. Hearings on the amendment were conducted 
in Washington, D. C. on August 9, 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 said Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
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 restric- 
tion of production (except as may be temporarily required), by 
increasing 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. 

(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. 

(144) 



145 

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

(g) The appointment of alternates will facilitate and expedite the 
business of the Code Authority in the event of absence of regular 
members of the Code Authority. 

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Officer. 
December 29, 1934. 



AMENDMENT TO CODE OF FAIR COMPETITION FOK 
THE UNDERGARMENT AND NEGLIGEE INDUSTRY 

The Code of Fair Competition for the Undergarment and Negligee 
Industry is amended by the f oUowing : 

Amend Article VI, Section 1 by deleting Sub-sections (a) and (b) 
and insert in lieu thereof the following : 

(a) Twelve (12) representatives of the Industry, as well as twelve 
(12) alternates who shall serve in place of the said representatives 
during their absence, or such other members as may be approved 
from time to time by the National Industrial Recovery Board selected 
as hereinafter provided. 

(b) Two (2) representatives as well as two (2) alternates who 
shall serve in place of the said representatives during their absence, 
who shall have the right to vote on all questions affecting labor, com- 
pliance, and enforcement but who shall not have the right to vote 
on trade practice provisions or on the employment or discharge of 
any officer, director, attorney or other agency of the Code Authority. 
Said representatives shall represent the employees in the Industry 
and shall be appointed by the National Industrial Recovery Board 
upon the nomination of the Labor Advisory Board of the National 
Recovery Administration. Such representatives shall be given 
notice of and may sit at all meetings of the Code Authority. 

Approved Code No. 408 — Ameudmeut No. 2. 
Registry No. 277-1-01. 

(146) 



Approved Code No, 41 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WOMEN'S BELT INDUSTRY 

As Approved on December 29, 1934 



ORDER 



Approving Amendment of Code of Fair Competition fo the 
Women's Belt Industry 

An application having been 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 Women's Belt Industry, 
and an opportunity to be heard having been afforded thereon, and 
the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President, 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to the 
authority vested in it by the 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 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, 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 subsection 5 of Section A, and 
subsection 9 of Section B, of Article VI of the Code as approved 
October 3, 1933, be and they hereby are stayed until such time as 
a subsequent Order is issued thereon either amending said subsections 
or terminating this Stay. 

National Industrial Recovery Board, 
ByW. A. Harriman, Administrative Oiflcer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Admi)iistr'ator. 

Washington, D. C, 

December 29, 19SJf. 

(147) 



REPOKT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: The Code Authority for the Code of Fair Competition for 
the Women's Belt Industry has submitted a proposed amendment to 
this Code. After conferring with members of the Code Authority 
and representatives of the various Advisory Boards of the National 
Recovery Administration, notice of opportunity to be heard, dated 
October 27, 1934, was published and distributed to all members of 
the Industry, said notice having expired on November 16, 1934, with 
no criticisms of, objections to, or suggestions having been submitted 
to the National Recovery Administration. 

This amendment amends the Code by deleting from Article VI 
subsection 8 of Section B and by adding a new Article designated 
as Article VIII and entitled "Assessments ", Sections 1, 2 and 3. 

Deletion of said subsection 8 was requested by the Code Authority 
for the Industry at the time of submission of the amendment for 
approval because of its inconsistency with the new Article VIII. 

This new Article VIII is designed to authorize the Code Authority 
to incur such reasonable obligations as are necessary for the purpose 
of carrying out its functions and duties, to submit to the National 
Industrial Recovery Board an itemized Budget and an equitable 
basis upon which necessary funds shall be contributed by members 
of the Industry and, if necessary, to institute in its own name legal 
proceedings for the collection of such funds after approval of such 
Budget and basis of contribution. 

The amendment also provides that subject to National Recovery 
Administration rules and regulations each member of the Industry 
shall pay an equitable contribution, and unless such is paid he or it 
shall not be entitled to participate in the selection of Code Authority 
members, to receive benefit of Code Authority activities, nor to make 
use of any National Recovery Administration emblem or insignia. 

The amendment further provides that the Code Authority shall 
neither incur nor pay any obligations in excess of the amount esti- 
mated in the approved Budget and that no subsequent Budget shall 
contain the deficiency items for expenditures in excess of prior bud- 
get estimates except as the National Industrial Recovery Board 
shall have approved. 

While considering this amendment the National Industrial Re- 
covery Board found that two other sections of the Code as originally 
approved would be inconsistent with this amendment. Since these 
two other sections would be no longer necessary for the purpose of 
the Code, and might easily be removed without making any sub- 
stantial change in the Code, they were stayed by the Order approv- 
ing said amendment. 

(148) 



149 

The Deputy Administrator, in his final report to the National 
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 
Xational 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 
the 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, b}' avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumiDtion 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 complied 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 to the Code as amended is 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, 
Administrative Ojficer, 

December 29, 1934. 



AMENDMENT TO CODE OF FAIE COMPETITION FOE 
THE WOMEN'S BELT INDUSTRY 

Said Code is hereby amended by deleting therefrom subsection 8 of 
Section B of Article VI and by the addition of the following as a 
new Article : 

Article VIII — Assessments 

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 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 expenses 
for the foregoing purposes, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of the Industry; 

(c) After such budget and basis of contribution have been 
approved by the 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. 

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 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. 

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 ujoon 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. 41 — Amendment No. 2. 
Registry No. 902-1-01. 

(150) 



Approved Code No. 347C — Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

LOCOMOTIVE MANUFACTURING INDUSTRY 

As Approved on December 31, 1934 



ORDER 



Approving Amendment or Supplementary Code of Fair Competi- 
tion FOR THE LOCOMOTTV^ MANUFACTURING INDUSTRY 

A DIVISION OF 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 amendment 
to a Supplementary Code of Fair Competition for the Locomotive 
Manufacturing Subdivision of 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 
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 Supplementary Code is hereby amended to include an 
approval of said Supplementary Code in its entirety as amended; 
provided, however, that the provisions of Subsection 3 of Section (b) 
of Article VI shall not be deemed to require the inclusion of conse- 
quential damages in any agreement made by a purchaser to indem- 
nify an employer in accordance with such provisions; provided fur- 

(151) 



152 

ther, that such approval and such amendment shall take effect 
twenty-one (21) days from the date hereof, unless good cause to the 
contrary is shown to this 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 : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

Decemler 31, IdoJp. 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : Under the Supplementary Code of Fair Competition for the 
Locomotive Manufacturing Subdivision of the Machinery and Allied 
Products Industry as approved on April 30, 193-1, the Code Author- 
ity for said Subdivision has submitted the Amendments which are 
included and attached. 

Hearing on the Amendments was held August 29, 1934 at the 
Washington Hotel in Washington, D. C, and opportunity to be 
heard was duly noticed to all interested parties. No objections were 
received. 

FINDINGS 

The Assistant Deputy Administrator in his final report on said 
Amendments to said Supplementary 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 Supplementary Code and the Sup- 
plementary Code as amended are Avell designed to promote the poli- 
cies and purposes of Title I of the National Industrial Recovery Act, 
including the removal of obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof, 
and will provide for the general welfare by promoting the organiza- 
tion of industry for the purpose of cooperative action of labor and 
management under adequate governmental sanction and supervision, 
by eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), \y^ increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemplojanent, 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 aforesaid amendments have been presented in accordance 
with the requirements of the National Industrial Recovery Adminis- 
tration by the Code Authoritv which was officiallv recognized on 
August 28, 1934: 

(d) The amendments and the Supplementary Code as amended 
are not designed to and will not permit monopolies or monopolistic 
practices. 

(ir)3) 



154 

(e) The amendments and the Supplementary Code as amended are 
not designed to and will not eliminate or oppress small enterprises 
and will not operate to discriminate against them. 

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

For these reasons, therefore, these amendments have been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer, 
December 31, 1934. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE LOCOMOTIVE MANUFACTURING 
INDUSTRY 

a division of the machinery and alibied products industry 

Purpose 

Pursuant to Article VI, Section (b) of the Supplementary Code 
of Fair Competition for the Locomotive Manufacturing Subdivision 
of the Machinery and Allied Products Industry, duly approved on 
April 30, 1934, and further to effectuate the policies of Title I of the 
National Industrial Recovery Act, the follovi^ing amendments are 
established as a part of said Supplementary Code of Fair Competi- 
tion, and, upon approval, shall be binding upon every member of 
the Locomotive Manufacturing Industry. 

Amendments 

Amend Articles VI, VII, VIII, and IX by changing the numbers 
of said Articles to VII, VIII, IX, and X respectively; and insert a 
new Article VI, which shall read as follows : 

article VI — UNFAIR TRADE PRACTICES 

To accomplish the purposes contemplated by the Act and to pro- 
vide against unfair methods of competition, the following provisions 
are hereby established : 

(a) No employer shall, subsequent to the time of closing a contract 
for the sale, by such employer, of any of the products of the Sub- 
division, make or give any rebate, credit, discount, allowance or like 
concession upon the base sales price stated in the contract, to the 
purchaser of such products of the Subdivision, except on account of 
changes in the specifications thereof or in compensation or allow- 
ance for the materials, equipment, appliances and/or attachments 
purchased by the employer from such purchaser thereunder or fur- 
nished to the employer by or on behalf of such purchaser for use 
in the construction of the products of the Subdivision covered 
thereby. 

(155) 



156 

(b) No employer shall make or give any rebate, credit, discount 
or allowance not prohibited by Section (a) of this Article VI to a 
purchaser of any of the products of the Subdivision for any mate- 
rials, equipment, appliances and/or attachments furnished by or on 
behalf of such purchaser to the employer for use in the production 
of the products of the Subdivision being produced by such employer 
for such purchaser, unless (1) the amount of such rebate, credit, 
discount or allowance shall be definitely agreed upon in writing by 
such employer and such purchaser at the time the commitment for 
the use of such articles by the employer in the production of such 
products of the Subdivision is entered into; (2) such purchaser shall 
agree to make or cause to be made, delivery of such materials, equip- 
ment, appliances and/or attachments at such employer's plant free 
of all transportation charges thereon and to assume full responsi- 
bility to such employer for such delivery at or before the time when 
such materials, equipment, appliances and/or attachments shall be 
required by such employer; (3) such purchaser shall agree to 
assume full responsibility for any incorrectness in the specifications 
of such materials, equipment, appliances and/or attachments thus 
furnished, for any non-compliance by such articles with the specifi- 
cations thereof and for all defects in material or workmanship in 
such articles originating prior to the receipt thereof by the employer 
and to assume and indemnify the employer against all expense accru- 
ing to or imposed upon the employer with respect to or on account 
of such articles because of incorrectness of the specifications thereof, 
failure of such articles to comply with the specifications thereof 
and/or such defective workmanship or material therein including 
the expense incurred bj^ the emplo^'er in connection with finishing 
and/or installing articles which may be rejected by the purchaser 
and/or the expense incurred to repair articles to avoid rejection; 
and (4) such purchaser shall agree to relieve the employer of any 
responsibility for guaranteeing the quality of material and work- 
manship in or upon all such materials, equipment, appliances and/or 
attachments furnished by or on behalf of the purchaser.^ 

(c) In any case in which a purchaser of any of the products of 
the Subdivision specifies or stipulates the sources from which mate- 
rials, equipment, appliances and/or attachments are to be purchased, 
or specifies materials, equipment, appliances and/or attachments by 
such designations as preclude the possibility of buying such articles 
upon the open market in a competitive manner, no employer shall 
guarantee any such articles in any manner whatsoever other than to 
pass on to such purchaser the guarantee obtained by such employer 
from the supplier of such articles. 

(d) Nothing in this Article VI contained shall be construed to 
prevent the employer from furnishing an appropriate bill of sale 
and/or warranty of title for any product of the Subdivision, 

(e) The provisions of this Article VI shall not be interpreted as 
prohibiting the making of continuing contracts for the sale of parts 
which provide for subsequent adjustments of price based on the mar- 
ket price of raw materials or on the volume of purchases or on the 



^ See paragraph 2 of order approving this Amendment. 



157 

qualitative characteristics or performance characteristics of the 
product. 

(f) The provisions of this Article VI shall not apply to the sale 
of locomotives propelled by electric motors (including finished and/ 
or semi-fijiished component repair or replacement parts thereof or 
therefor or for use therein) where employers in this Subdivision are 
competing with members of the Electrical Manufacturing Industry, 
or to export trade or sales or shipments for export trade. Export 
trade shall be as defined in the Export Trade Act adopted April 
10, 1918. 

Approved Code No. 34TC — Amendment No. 2. 
Registry No. 1312-07. 



114532 — 35- 



J 



Approved Code No. 60 — Amendment No. 8 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on January 2, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 

Retail Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act. approved June 16. 1933. for approval of an amend- 
ment to the 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 author- 
ity vested in it by Executive Orders of the President, including Exec- 
utive Order No. 6859 dated September '27. 1934. and otherwise, does 
hereby incorporate by reference said annexed report and does find 
that said amendment and the Code as constituted after being amended 
comply in all respects with the pertinent provisions 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) clays 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 Inditstrial Recovi^jt Board, 
By TV. A. Harriman. Adjiiinistrative Oiflcer. 

Approval recommended : 
Harry C. Carr, 

Acting Divmon Administrator. 

Washington, D. C, 



January 2, 1935. 



(159) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : The Hearing on the amendment to the Code of Fair Compe- 
tition for the Retail Trade was held on August 27, 1934 in Room 
#2062, Department of Commerce Building. The amendment, which 
is attached, was presented by duly qualified and authorized repre- 
sentatives of the Trade, complying with statutory requirements, such 
representatives being members of the National Retail Code Au- 
thority, Inc. 

In accordance with the customary procedure, everyone present who 
had filed a request for an appearance was freely heard in public, 
and*all statutory and regulatory requirements were complied with. 

The Deputy Administrator in his final report to 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 ; 

It finds that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products- 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
sub-section (a) of Section 3, sub-section (a) of Section 7 and sub- 
section (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(d) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, said amendment to the Code of Fair Competi- 
tion for the Retail Trade has been approved. 
For the National Industrial Recovery Board : 

W. A, Harriman, 
Administrative Oifftcer. 
January 2, 1935. 

(160) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RETAIL TRADE 

Article V, Section 4 (a) shall be amended to read as follows: 
(a) Professional persons^ watchmen, guards, store detectives, out- 
ride salesmen and outside collectors. — The maximum hours of labor 
prescribed in Section 1 of this Article shall not apply to professional 
persons, employed and working at their profession, who receive 
salaries that are not less than the salaries prescribed for executives 
in paragraph (c) of this Section, or to watchmen, guards, store 
detectives, outside salesmen, and outside collectors; but watchmen 
and guards shall not work more than fifty-six (56) hours in any 
one week, nor more than thirteen (13) days in any fourteen (14) 
day period. 

Approved Code No. 60 — Amendment No. 8. 
Registry No. 1625-2-02. 

(161) 



Approved Code No. 64 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

DRESS MANUFACTURING INDUSTRY 

As Approved on January 4, 1935 



ORDER 



Approving Amendment or 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 an opportunity to be heard having been afforded 
thereon, 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 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 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 to take effect twenty (20) 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 Recov- 
ery Board issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, AdminiMrative Ofjlcer. 

Approval recommended : 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

January Jt., 1935. 

(163) 



KEPORT 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 Competition 
for the Dress Manufacturing Industry. These amendments were 
presented to the Legal Division, the Industrial Advisory Board, the 
Division of Research and Planning, the Consumers Advisory Board 
and the Labor Advisory Board and received their approval. 

As these amendments were in accordance with standard form and 
consistent with the policies of the Administration, Public Hearings 
were considered unnecessary, and in lieu of Public Hearings, Notices 
of Opportunity to be Heard were printed and distributed in the same 
manner as Notices of Public Hearing. A specified date was set 
forth in such notices, by which time objections and criticisms were 
to be received relative to these amendments. 

The first amendment provides that no member of the Code Au- 
thority for the Dress Manufacturing Industry shall be liable in any 
manner to anyone for any act of any other member, officer, agent or 
employee of the Code Authority. 

The second amendment provides that if merchandise purchased 
consists of completed garments out of stock, ordered for shipment 
within two working days from the date of the order, the manufac- 
turer shall have an additional twenty-four hours from the expiration 
date of the order in which to make shipment. 

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 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, 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 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 increased 
purchasing power, by reducing and relieving unemployment, by im- 
proving standards of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 

(164) 



165 

tation Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10, thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendments on behalf of the Industry as a whole. 

(d) The 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 will not 
have been deprived of the right to be heard prior to the effective 
date of these amendments. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Officer. 
January 4. 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE DRESS MANUFACTURING INDUSTRY 

Article VI of the Code of Fair Competition for the Dress Manu- 
facturing Industrj^ shall be amended by adding Section 4, as follows : 

" 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 or of its staff 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- 
it})-, or of its staff exercising reasonable diligence in the conduct of 
his duties hereunder, be liable to anyone for any act or omission to 
act under this Code, except for his own wilful malfeasance or 
nonfeasance." 

Article IX, Section 13, of the Code of Fair Competition for the 
Dress Manufacturing Industry shall be amended by adding subdi- 
vision (d) as follows: 

" That if merchandise purchased consists of completed garments 
out of stock, ordered for shipment within two working days from 
the date of the order, the cancellation clause shall not apply but the 
manufacturer shall have twenty-four hours from the expiration date 
of the order in which to make shipment after which the order shall 
automatically be cancelled unless reinstated by the buyer." 

Approved Code No. 64 — Amendment No. 4. 
Registry No. 228-01. 

(166) 



Approved Code No. 364 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CLAY DRAIN TILE MANUFACTURING INDUSTRY 

As Approved on January 5, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Clay 
Drain Tile 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 16j 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Clay Drain Tile Manu- 
facturing Industry, and as contained in a Published Notice of Op- 
portunity to be Heard, Administrative Order No. 364—6, dated 
November 14, 1934 and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does 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 modified to include an approval of 
said Code in its entirety as amended. 

National Industrial Recovery Board. 
By W. A. Harriman, Administrative 0-fficer. 

Approval recommended : 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

January 5, 1935. 

(167) 



KEPORT TO THE PRESIDENT 

The President, 

The WMte House. 
Sir: Under the Code of Fair Competition for the Clay Drain 
Tile Manufacturing Industiy, as approved on March 24, 1934, the 
Code Authority has submitted an amendment to Section 11 of Arti- 
cle VI, designed to empower the Code Authority to collect assess- 
ments from all members of the Industry to provide for the expenses 
of administering the Code. Under this amendment, payment of 
such assessments will not be mandatory until the Code Authority 
has submitted and has had approved by the National Industrial 
Recovery Board, a budget and plan of assessment. A provision of 
the amendment forbids the Code Authority from making expendi- 
tures in excess of their approved budget. These provisions replace 
the former provisions for supporting the Code Authority through 
voluntary payments. 

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 purposes 
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 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. 

(168) 



169 

(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. Harkiman, 

Administrative Officer. 
January 5, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOE THE 
CLAY DRAIN TILE MANUFACTURING INDUSTRY 

Amend Section 11 of Article VI by deleting the present text and 
substituting in lieu thereof a new Section 11 as follows : 

Section 11. 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 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. 

(d) Each member of the Industry .shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Au- 
thority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the National Industrial 
Recovery Board. Only members of the industry complying with 
the code and contributing to the expenses of its administration as 
hereinabove i:)rovided, (unless duly exempted from making such 
contributions,) shall be entitled to participate in the selection of 
the members of the Code Authority and the Regional Committees 
or to receive the benefit of any of their voluntary activities or to 
make use of any emblem or insignia of the National Recovery 
Administration. 

(e) The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget, and ^hall 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 
budget estimates except those which the National Industrial Re- 
covery Board shall have so approved. 

Deiete subsection (g), Section 8 of Article VI, and change the 
designation of subsection (h) to subjection (g). 

Approved Code No. 364 — Amendment No. 1. 
Registry No. 1042-04. 

(170) 



Approved Code No. 472 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WARM AIR REGISTER INDUSTRY 

As Approved on January 7, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Warm Air Register Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Warm Air Register 
Industry, and opportunity to be heard having been noticed to all 
interested parties, and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Exec- 
utive Order No. 6859, dated September 27, 1934, and otherwise, does 
hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby amended to 
include an approval of said Code in its entirety as amended, provided 
that paragraphs (i) and (j) of Section 3 of Article VI be and they 
hereby are relettered to read, respectively, (h) and (i). 

National Industrial Reco\tert Board, 
By W. A. Harriman, Administrative Officer. 
Approval recommended : 

Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

Jarm<Lry 7, 1935. 

(171) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendment to the Code of Fair Com- 
petition for the Warm Air Register Industry, as submitted by the 
Code Authority of said Industry. An opportunity to be heard from 
November 26, 1934, to December 17, 1934, was duly noticed, in ac- 
cordance with Article VI, Section 11 of said Code, as approved 
June 28, 1934. 

The amendment provides for mandatory contributions, on an 
equitable basis, by all members of the Industry. 

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 pro- 
ceedings 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 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 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 stand- 
ards of labor, and by otherwise rehabilitating Industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said Title of said Act, including without limita- 
tion 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. 

(172) 



173 

(f ) Those engaged in other steps of the economic process have n(4 
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. Hakriman, 
Administrative Ojflcer 
Januakt 7, 1935. 



114532—35- 



AMENDMENT TO THE CODE OF FAIK COMPETITION FOR 
THE WARM AIR REGISTER INDUSTRY 

Purpose 

Pursuant to Article VI, Section 11 of the Code of Fair Compe- 
tition for the Warm Air Register Industry, duly approved by the 
Administrator on June 28, 1934, and further to effectuate the poli- 
cies of Title I of the National Industrial Recovery Act, the following 
amendment is established as a part of said Code of Fair Competi- 
tion and shall be binding upon every member of the Warm Air 
Register Industry. 

Article VI — Administration 

Amend Article VI by deleting Section 3 (h) and Section 9 and 
substituting in lieu thereof two (2) new sections numbered Sections 
9 (a) and 9 (b) to read as follows: 

Section 9 (a) Each member of the Industry shall pay his or its 
equitable contribution to the expenses of the maintenance of the 
Code Authority, determined as hereinabove provided, and subject to 
rules and regulations pertaining thereto issued by the National In- 
dustrial Recovery Board. Only members of the Industry comply- 
ing with the Code and contributing to the expenses of its adminis- 
tration as hereinabove provided, unless duly exempted from making 
such contributions, shall be entitled to participate in the selection 
of members of the 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. 

(b) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
National Industrial Recovery Board; and no subsequent budget 
shall contain an}^ 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. 472— Amendment No. 2. 
Registry No. 1118-12. 

(174) 



Approved Code No. 24 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

As Approved on January 8, 1935 



ORDER 



Approving Amendments of Code of Fair Competition for the 
Bituminous Coal Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I, of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of an 
amendment to the Code of Fair Competition for the Bituminous 
Coal Industry: 

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. 

This Order shall become effective immediately. 

National Industrial Recovery Board, 
By W. A. Harriman. Administrative Officer. 

Approval recommended : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

January 8, 1935. 

(175) 



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 
Bituminous Coal Industry, submitted by the Southern Sub-Divi- 
sional Coal Code Authority No. 1 of Division I after submission to 
all other Code Authorities for the said Industry, 

The existing provision of Article VI, Section 1, of the Code for 
said Industry, is entirely inadequate in view of the necessity for 
clarification by reason of varying interpretations placed upon the 
wording thereof. It is, therefore, evident that the proposed amend- 
ment of Article VI, Section 1, of said Code, as modified by the 
National Industrial Recovery Board, as provided in the notice for 
public hearing thereon, will overcome the existing inadequate 
provision. 

FINDINGS 

The Acting Deputy Administrator in his final report to us on the 
amendment to the Code of Fair Competition for the Bituminous 
Coal Industry having found as herein set forth and on the basis of 
all proceedings in this matter : 

We find that pending such further order as the National Indus- 
trial Recovery Board may enter thereon ; 

(a) The amendment to said Code and the Code as amended are 
designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the. removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and main- 
taining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required) 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers any Sub-Divisional Code Authority to 
present the aforesaid amendment on behalf of the Industry as a 

(176) 



177 

whole after submission to all other Code Authorities affected thereby 
(which shall include the Divisional Code Authority). 

(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. 

Said amendment is accordingly approved. 
For the National Industrial Recovery Board : 

W. A. Habriman, 
Admiiustrative Officer. 
January 8, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BITUMINOUS COAL INDUSTRY 

Delete Section 1 of Article VI and substitute in lieu thereof the 
following : 

Section 1. The making of a contract to sell or offer to sell coal, 
whether for immediate or future delivery, at a price below the fair 
market price at the date of such contract or offer (regardless of the 
dates specified for the making of deliveries),, or any sale or delivery 
of coal (other than pursuant to contract made in accordance with the 
foregoing) below the fair market price thereof at the time of deliv- 
ery, determined as hereinafter provided, is hereby declared to be an 
unfair competitive practice and in violation of this Code. Such 
fair market price shall be determined and established as hereinafter 
provided, and it shall be proper in determining such fair market 
price to consider the purposes of the National Industry Recovery 
Act, the minimum rates of pay herein established, the furnishing of 
employment for labor and the competition with other coals, fuels, 
and form of energy for heat production. 

Approved Code No. 24 — Anieudment No. 5. 
Registry No. 702-45. 

(178) 



Approved Code No. 9 — Amendment No. 27 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on January 8, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Lum- 
ber 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 Tirnber 
Products Industries, an opportunity to be heard having been given 
all interested parties, and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 

NOW, THEREFORE." on behalf of the President of the United 
States, 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 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: 
W. P. Ellis, 

Division Adkninistrator. 

Washington, D. C, 

January 8, 1936. 

(179) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: On August 19, 1933, you approved a Code of Fair Competi- 
tion for the Lumber and Timber Products Industries. 

This is a report on Lumber Code Authority's Amendment No. 91, 
which has been published with a Notice of Opportunity to be Heard 
and sent to all interested parties. 

The Amendment contemplates the addition of the Territory of 
Alaska to the jurisdiction of the Red Cedar Shingle Division. 

One of the largest manufacturers of shingles in Alaska has volun- 
tarily submitted itself to the Code and is at present operating under 
full Code compliance including an allocation from the Red Cedar 
Shingle Division Agency. It is felt that other Alaskan manufac- 
turers should be brought under the Code in fairness to the industry 
and especially in view of the fact that the Canadian shingle manu- 
facturers through a voluntary agreement are cooperating with the 
industry through an export quota and are also voluntarily complying 
with the trade practice regulations which were recently approved 
for the Red Cedar Shingle Division. 

The Deputy Administrator in his final report to us on said Amend- 
ment to said Code having found as herein set forth and on the basis 
of all the proceedings in this matter : 

We find : 

(a) 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 jourpose 
of cooperative action among trade groups, by including 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 Code empowers the Code Authority to present the afore- 
said Amendment on behalf of the industry as a whole. 

(180) 



181 

(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. Harriman, 
Administrative Ojficer. 

January 8, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LUMBER AND TIMBER PRODUCTS INDUSTRY 

Amend Division No. 31 of Schedule A by substituting for the 
phrase " in Washington, Oregon and Idaho " in the paragraph en- 
titled "Division (Article II c)", the phrase, "in Washington, 
Oregon and Idaho and the Territory of Alaska." 

Approved Code No. 9 — Amendment No. 27. 
Registry No. 313-1-06. 

(182) 



Approved Code No. 178 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WATCH CASE MANUFACTURING INDUSTRY 

As Approved on January 8, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Watch Case 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 Watch Case Manufac- 
turing Industry, and Notice of Opportunity to be Heard having been 
duly i^ublished 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 said Board by Executive orders of the President, in- 
cluding 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 modi- 
fied to include an approval of said Code in its entirety as amended, 
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 the 
National Industrial Recovery Board issues a subsequent order to 
that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Admiruistrative O-fflcer. 

Approval recommended : 
Kilbourne Johnston, 

Acting Division Admimstrator. 

Washington, D. C., 

January 8, 1935. 

(183) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : An application has been duly made pursuant to and in full 
comi:)liance with the provisions of the National Industrial Recovery 
Act for an amendment to the Code of Fair Competition for the 
Watch Case Manufacturing Industry, submitted by the Code 
Authority for the Watch Case Manufacturing Industry. 

The purpose and effect of the amendment is to allow the stamping 
of certain high quality watch cases in conformance with various 
state stamping laws, which stamping under the present Code is 
prohibited. 

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

It is found that : 

(a) The amendment of said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and main- 
taining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of the industries, by avoiding undue 
restrictions of production (except as may be temporarily required) 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The Amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, therefore, this Amendment has been approved. 

W. A. Harriman, 
Administrative Officer. 
January 8. 1935. 

(184) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WATCH CASE MANUFACTURING INDUSTRY 

Amend Article VIII, Section 1 (a) by deleting the last six words 
reading as follows; 

" six specific quality marks as follows : " 
and substitute therefor the following: 

" specific quality marks authorized in the following six subsec- 
tions of this paragi-aph : " 
Amend Article VIII, Section 1 (a), subsection (1) by deleting the 
last sentence reading as follows : 

" In no case may the word ' Platinum ' be abbreviated." 
and substitute therefor the following : 

" Nothing in this subsection, however, shall be deemed to pro- 
hibit the manufacture or sale of any platinum watch case 
manufactured and stamped in accordance with the laws gov- 
erning the quality stamping of platinum watch cases in any 
* State of the Union or the District of Columbia, provided, that 

in all other respects the stamping or marking of such cases is 
in full conformity with the provisions of this Code." 

Approved Code No. 178 — Amendment No. 2. 
Registry No. 1225-01. 

(185) 



Approved Code No. 201D — Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

BEAUTY AND BARBER EQUIPMENT AND 
SUPPLIES TRADE 

As Approved on January 9, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR the Beauty and Barber Equipment and Supplies 
Trade 

A DIVISION of the WHOLESALING OR DISTRIBUTING TRADE 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Supplementary Code of Fair Competition for the Beauty 
and Barber Equipment and Supplies Trade to the Code of Fair Com- 
petition for the Wholesaling or Distributing Trade, and hearings 
having been duly held thereon, and the annexed report on said 
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 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 Supplemen- 
tary Code is hereby amended to include an approval of said Supple- 
mentary Code in its entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval reconnnended : 
Harry C. Carr, 

Acting Division Administrator. 

Washington, D. C., 

January P, 1935. 

(187) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report of the Hearing on an amendment to a Supple- 
mentary Code of Fair Competition for the Beauty and Barber 
Equipment and Supplies Trade, a division of the Wholesaling or 
Distributing Trade, said Supplementary Code being Approved Code 
No. 201 — Supplement No. 4 and approved by the Administrator for 
Industrial Recovery on April 4, 1934. The Hearing on this amend- 
ment was held in the Cabinet Room of the Willard Hotel on Thurs- 
day, July 19, 1934. 

This Supplementary Code has been amended by striking out Sub- 
sections (c) and (d), of Section 1, of Article V. and substituting 
therefor provisions which provide that cash discounts on supplies 
and sundries shall not exceed two per cent (2% ) , and cash discounts 
on furniture and equipment shall not exceed five per cent (5%). 
The provisions also provide that members of the Trade may not ex- 
tend credit to customers whose accounts are overdue more than ninety 
(90) days, and set up machinery for the filing of delinquent accounte 
with the Divisional Code Authority or the Regional Committees and 
for the dissemination of such information. 

This Supplementary Code has been amended by striking out Sub- 
section (f), of Section 1, of Article V, and inserting a provision 
which states in effect that all merchandise shall be sold f. o. b. city 
in which a member of the Trade is located, equalization between 
recognized wholesaling centers being permitted. 

This Supplementary Code has been amended by striking out Sub- 
section (i), of Section 1, of Article V, a clause which permits mem- 
bers of the Trade to loan merchandise to customers during such period 
of time as merchandise owned by such customers is being repaired. 

This Supplementary Code has been amended by adding to Sub- 
section (j), of Section 1, of Article V, and substituting therefor a 
provision which provides that not less than twenty-five per cent 
(25% ) of the contract price must be paid when furniture and equip- 
ment are bought upon the installment plan. 

The Deputy Administrator in his final report to the 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; 

The Board finds that : 

(a) The amendment to said Supplementary Code and the Supple- 
mentary Code as amended are well designed to promote the policies 
and purposes of Title I of the National Industrial Recovery Act in- 
cluding the removal of obstructions to the free flow of interstate and 
foreign commerce which tend to diminish the amount thereof, and 
will provide for the general welfare by promoting the organization 
of industry for the purpose of cooperative action of labor and 

(188) 



189 

management under adequate governmental sanction and supervision^ 
by eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by imiDroving standards of 
labor, and by otherwise rehabilitating industry. 

(b) The Supplementary Code as amended complies in all re- 
spects w^ith the pertinent provisions of said Title of said Act, includ- 
ing without limitation Subsection (a) of Section 3, Subsection (a) 
of Section 7, and Subsection (b) of Section 10 thereof. 

(c) The Supplementary Code as amended August 31, 1934, em- 
powers the Divisional Code Authority for the Beauty and Barber 
Equipment and Supplies Trade to present the aforesaid amendment 
on behalf of the Trade as a whole. 

(d) The amendment and the Supplementary Code as amended are 
not designed to and will not permit monopolies or monopolistic 
practices. 

(e) The amendment and the Supplementary Code as amended are 
not designed to and will not eliminate or oppress small enterprises 
and will not operate to discriminate against them. 

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

For these reasons this amendment to the above-named Supple- 
mentary Code has been approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojjicer. 
January 9, 1935. 



114532—35- 



AMENDMENT TO SUPPLEMENTAKY CODE OF FAIR 
COMPETITION FOR THE BEAUTY AND BARBER 
EQUIPMENT AND SUPPLIES TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

The Supplementary Code of Fair Competition for the Beauty and 
Barber Equipment and Supplies Trade, a division of the Whole- 
saling or Distributing Trade, is hereby amended by eliminating 
Article V, Section 1, Subsection (c) and Subsection (d), substituting 
therefor the following: 

(c) Gash Sales. — A cash discount of not to exceed two (2) per cent 
may be allowed on all cash sales of supplies or sundries. A cash sale 
of supplies or sundries is hereby defined as c. o. d. shipment, receipt 
of payment by cash or check with order or in advance, or invoices 
paid on or before the tenth (10th) of the month following the date 
of purchase. 

On cash sales of furniture or equipment purchasers may be given a 
discount not to exceed five (5) per cent of the established selling price 
less the amount of any allowance for trade-ins, provided payment 
is made within ten (10) days from date of delivery. 

(d) Credit Sales. — Invoices covering supplies and sundries paid 
after the tenth (10th) of the month following the date of purchase 
shall not be subject to discount. 

All accounts covering supplies, sundries, furniture or equipment 
not paid within three (3) months from date of delivery shall be 
considered past due and no further credit shall be extended by any 
member of the Trade until payment of such past-due account has 
been made, unless the member of the Trade notifies the Divisional 
Code Authority in writing that further credit is being extended, 
giving the reasons for such extension of credit and unless such ex- 
tension of credit is approved by the Divisional Code Authority. The 
Divisional Code Authority and the Regional Committees are author- 
ized to require the filing of all accounts delinquent three (3) months 
or more by members of the Trade with said Code Authority and/or 
Committees, and to furnish each member of the Trade with a list 
of said delinquent accounts, upon the express condition that no 
account shall be designated as a " bad account " and that there shall 
be no agreement between members of the Trade not to sell any such 
delinquent account. 

This Supplementary Code is amended by striking out Article V, 
Section 1, Subsection (f) and substituting therefor the following: 

(f) All supplies, sundries, furniture and equipment shall be sold 
f. o. b. the corporate limits of a town or city or metropolitan area 
(as defined by the Divisional Code Authority) in which a member 
of the Trade's place of business is located, whether delivery is by 
freight, express, mail or parcel post; provided, however, that any 

(190) 



191 

member of the Trade may equalize delivery charges with the nearest 
member of the Trade ; and provided, further, that whenever a mem- 
ber of the Trade delivers by personal or truck service outside the 
corporate limits of a town or city or metropolitan area (as defined 
by the Divisional Code Authority) in which a member of the Trade 
is located, a charge shall be made not less than the lowest common 
carrier charge equalized with the nearest member of the Trade. All 
delivery charges shall be shown on the sales slip or invoice covering 
such article. 

This Supplementary Code is amended by adding to Article V, 
Section 1, Subsection (i) the following sentence: 

Provided, however, that the Divisional Code Authority may per- 
mit the loan of trade articles for such period of time as similar 
articles owned by a customer are being repaired. 

This Supplementary Code ig further amended by striking out Ar- 
ticle V, Section 1, Subsection (j) and substituting therefor the 
following : 

(j) Installment Sales. — In the case of installment sales of furni- 
ture and equipment, sales terms shall be as follows : Not less than 
twenty-five (25) per cent of the contract price to be paid upon exe- 
cution of the contract. If an allowance is made for a trade-in, such 
allowance shall be deducted from the contract price before the 
twenty-five (25) per cent cash payment is computed. 

Approved Code No. 201D — Amendment No. 2. 
Registry No. 1606-04. 



Approved Code No. 464 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 



FOR THE 



COCOA AND CHOCOLATE MANUFACTURING 

INDUSTRY 

As Approved on January 9, 1935 



ORDER 



-Approving Amendment of Code of Fair Competition for the Cocoa 
AND Chocolate 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 Cocoa and Chocolate 
Manufacturing Industr}'^, 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 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 modified to include an approval of said Code 
in its entirety as amended. 

National Industrial Recovery Board, 
By W. xA.. Harkiman, Administrative Ofjlcer. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 9, 1935. 

(193) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sik: This is a report on an amendment to the Code of Fair Compe- 
tition for the Cocoa and Chocolate Manufacturing Industry as ap- 
proved after public hearing conducted in Washington on March 12,. 
1934. 

Drafts of the Code of Fair Competition for the above Industry 
jDrepared and submitted to the Industry at various times and from 
time to time prior to May 15, 1934, contained in the trade practice 
provisions a paragraph excepting from the operations of the Code 
sales for charitable or relief purposes and sales to any government 
or governmental agency. Such a provision is considered by the In- 
dustry as a whole to be acceptable and beneficial to the Industry. 
Said provision making an exception of such sales for charitable or 
relief purposes and to any government or governmental agency was 
inadvertently and in error omitted from the May 15, 1934 (final) 
draft which was submitted to the National Recovery Administration 
and assented to by the representatives 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 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 of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing the 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. 

(194) 



195 

(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. 

January 9, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COCOA AND CHOCOLATE MANUFACTURING 
INDUSTRY 

The amendment to be an addition to Article VIII, and to be in- 
serted immediately following the second paragraph of Rule 12 (f), 
and to be designated as " Rule 13 ", reads as follows : 

Rule 13. This Code shall not be construed to prevent any member 
of the Industry from selling or making any price which may seem 
to him advisable in the sales of cocoa^ hitter chocolate^ coating and 
liquors for any charitable or relief purposes or in the sales of such 
products to any Federal, State or Municipal government or govern- 
mental agency. The term " Governmental Agency " as used herein 
does not include educational institutions. All such sales shall be 
reported to the Code Authority. 

Approved Code No. 464 — Amendment No. 1. 
Registry No. 110-01. 

(196) 



Approved Code No. 384 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUNERAL SERVICE INDUSTRY 

As Approved on January 9, 1935 



ORDEE 



Approving Amendment of Code of Fair Competition for the 
Funeral Service 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 Funeral Service In- 
dustry, 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 
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, Administrative Officer 

Approval recommended: 
Harry C. Carr, 

Acting Division Administrator. 

Washington, D. C, 

Janua/ry 9, 1935. 

(197) 



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 Funeral Service Industry, as revised after a Public 
Hearing held in the Raleigh Hotel, Washington, D. C, October 6, 
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 or THE AMENDMENT 

The Amendment contains the following 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 prohibits members of the Industry from 
advertising or publicly offering " free " funeral merchandise or 
service. 

2. A provision which establishes a minimum wage rate for em- 
ployees whether they be emploj^ed on a full-time, part-time or per 
case basis. 

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 obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purposes 
of 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 industry, by avoiding undue re- 
striction of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increased 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- 

(198) 



199 

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. 

(cl) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons it has approved this amendment. 
For the National Industrial Recovery Board : 

W. A. Haeriman, 

Adm hiistrative Officer. 
January 9, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FUNERAL SERVICE INDUSTRY 

(1) Amend Article VII by adding a neAY Section to be known as 
Section 15, as follows: 

15. No member of the Industry shall use the word or words " free ",- 
" gratis ", " free of charge ", " no added charge ", or other words 
of similar meaning, tenor or effect, with any advertisement or in 
connection with any public offering of any item of funeral mer- 
chandise or service. 

(2) Amend Article IV, by deleting Section 1 and substituting 
in lieu thereof the following : 

1. No employee shall be paid less than Fifteen dollars ($15.00) per 
week, for a 40-hour week or Forty cents (40^) per hour when 
employed on an hourly basis, except lawful embalmers and those 
conducting funerals who shall be paid not less than Twenty-five 
dollars ($25.00) per week for an 84-hour week. No embalmer 
employed to prepare a body on a per case basis shall be paid less 
than Fifteen dollars ($15.00) for the body of a person of ten or 
more years of age and/or less than Ten dollars ($10.00) for the 
body of a person less than ten years of age. The word " prepare " 
shall include dressing and placing the body in the casket. In all 
cases where an embalmer furnishes the embalming fluid, he shall 
receive in addition to the embalming fee an amount equal to the 
actual cost of such embalming fluid. 

Approved Code No. 384 — Amendment No. 3. 
Registry No. 1749-04. 

(200) 



Approved Code No. 381 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUR DEALING TRADE 

As Approved on January 9, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Fur 

Dealing Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Fur Dealing 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, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said amendment 
and the code as constituted, after being amended, comply in all 
respects with the pertinent provisions and will promote the policies 
and purposes of said title of said act; and does hereby order that 
said amendment be and it is hereby approved, and that the previous 
approval of said code is hereby amended to include an approval of 
said code in its entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative O^cer, 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 9, 1935. 

(201) 



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 Fur Dealing Trade and on the hearing conducted 
thereon in Washington, D. C., on December 4, 1934, in accordance 
with the provisions of Title I of the National Industrial Recovery 
Act. 

GEXERAL STATEMENT 

The Fur Dealing Trade, through the Code Authority Board, has 
availed itself of the provision in Section 2 of Article IX of the 
Code of Fair Competition for the Fur Dealing Trade, approved by 
the Administrator on the 4th day of April, 1934. 

RESUME or AMENDMENT 

I. This amendment clarifies the Rabbit Dealing Division of the 
Trade, and was requested by the Division. The Rabbit Dealing Di- 
vision has provisions Avhich do not apply to others, and it is only 
fair to their Division and the other Divisions that those dealing 65% 
in rabbits should be considered as under this Division. 

II. The amendment of Article VII is to cover some of the mis- 
leading practices prevalent in the Industry, especially pertaining 
to advertising practices. 

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 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 ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of the industries, by avoiding 
undue restrictions 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. 

(202) 



203 

(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 Board to present the 
aforesaid amendment in behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed to 
and Avill not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For the National Industrial Recovery Board : 

W. A. Harrimax, 
Ad?7iinistrafive OMcer. 
January 9. 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FUR DEALING TRADE 

1. Section 4, of Article II, shall be amended to read as follows: 
The term " Rabbit Dealing Division " as used herein shall include 

all those whose business to the extent of at least sixty-five percent 
(65%) consists in dealing in rabbit skins. 

2. Article VII, shall be amended to read as follows : 

Section 1. No member of the trade shall use advertising (whether 
printed, radio, display or of any other nature) or other representa- 
tion which is inaccurate in any material particular or in any way 
misrepresent any commodity (including its use, trade mark, grade, 
quality, quantity, origin, size, material content, or preparation) or 
credit terms, values, policies, services, or the nature or form of 
business conducted. 

(a) All price lists, circulars, and other literature used in the 
solicitation of raw furs (when the prices are stated) shall quote 
prices payable net to consignors without deduction of any charges 
except transportation ; however, a stipulated commission may be de- 
ducted where goods are actually sold intact on commission for the 
account of shippers. All price lists shall state the expiration time 
of prices quoted thereon. 

(b) A copy of all price lists, circulars and other literature and 
other advertising used in the solicitation of raw furs shall be filed 
with the Code Authority Board on the date of issuance, 

(c) All price lists shall indicate the State or States in which the 
prices are effective. 

Section 2. No member of the trade shall use selling or buying 
methods or credit terms which tend to deceive or mislead customers 
or prospective customers. 

Section 3. No member of the trade shall brand or mark any com- 
modity of the trade in any manner which tends to mislead or deceive 
purchasers with respect to the grade, quality, quantity, origin, size, 
material content, name, or preparation of such commodity. 

Section 4. No member of the trade shall give, permit to be given, 
or directly offer to give anything of value for the purpose of influ- 
encing or rev\^arding 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 dis- 
tribution of articles commonly used for advertising, except so far as 
such articles are actually used for commercial bribery as hereinabove 
defined. 

Section 5. No member of the trade shall secretly or otherwise give 
or receive anything of value to or from the employee or agent of a 
customer for the purpose of influencing a sale, or in furtherance of 

(204) 



205 

a sale render a bill or statement of account to such employee, agent 
or customer, which is inaccurate in any material particular. 

Section 6. No member of the trade shall use any unfair means 
to secure confidential information regarding the manner in which 
a competitor conducts his business. 

Section 7. No member of the trade shall maliciously attempt 
to induce the breach of an existing contract between a competitor 
and his customer or source of supply; nor shall any such member 
maliciously interfere with or obstruct the performance of such con- 
tractual duties or services. 

Section 8. No member of the trade shall knowingly solicit or buy, 
or in any way deal in, furs illegally taken. 

Section 9. No member of the trade shall allow any discount for 
cash payments in excess of 2% cash, net sixty days; beyond sixty 
days notes and accounts shall bear interest at not less than six per 
. cent (6%) per annum after sixty days. 

Section 10. No member of the trade shall give or allow or receive 
secret rebates, refunds, commissions, credits or unearned discounts, 
whether in the form of money or otherwise; nor shall he secretly 
extend to certain purchasers special services or privileges not ex- 
tended to all purchasers on like terms and conditions. Nor shall he 
give or receive unfounded or excessive allowances for damage or 
alleged damage to skins. 

Section 11. No member of the trade shall refund transportation 
charges on direct shipments from trappers. 

Section 12. No member of the trade shall cause raw fur skins to 
be dressed in combination process or otherwise by members of the 
Fur Dressing and Fur Dyeing Industry, unless such members of said 
industry shall be operating under a registry number and N. R. A. 
insignia, issued by or through the National Industrial Recovery 
Board or the Code Authority Board of the Fur Dressing and Fur 
Dyeing Industry. No member of the trade shall cause raw or dressed 
fur skins to be dyed in combination process or otherwise by a member 
of the Fur Dressing and Fur Dyeing Industry, unless such dyer 
shall be operating under a registry number and N. R. A. insignia, 
issued by or through the National Industrial Recovery Board or the 
Code Authority Board of the Fur Dressing and Fur Dyeing Indus- 
try. Dyed skins shall bear thereon the unremovable stamp, seal or 
impression, giving the registry number and N. R. A. insignia assigned 
to the member of the Fur Dressing and Fur Dyeing Industry. 

(a) No member of this trade shall sell to, buy from, or otherwise 
deal with a member of this trade unless such member is operating 
under the N. R. A. insignia and registry number provided for in 
Article VIII of this Code. 

Approved Code No. 381 — Amendment No. 3. 
Registry No. 917-10. 



114532—35- 



Approved Code No. 244 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CONSTRUCTION INDUSTRY 

As Approved on January 10, 1935 



ORDER 



Appro\t:ng Amendment of Code of Fair Competition for the 
Construction 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 Construction 
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 
QirGctjGQ to tliG PrGSidGnlj * 

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 27th, 1934, and other- 
wise ; does hereby incorporate, by reference, said annexed report and 
does find that said amendment and the Code as constituted after 
being amended comply in all respects with the pertinent provisiong 
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 O fleer. 

Approval recommended : 
Walter G. Hooke, 

Acting Division Administrator. 

Washington, D. C, 

January 10^ 1936. 

(207) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: This is a report covering an amendment to the Code of Fair 
Competition for the Construction Industry as approved by you on 
January 31st, 1934. The amendment has been duly submitted by the 
National Code Authority on behalf of the Industry. All those 
interested have had ample opportunity to file objections, and no 
such objections have been received. 

The effect of the amendment to Article III is to permit the Con- 
struction Code Authority, subject to proper budgetary control, to 
pay a proper and adequate compensation to the Chairman of the 
National Construction Planning and Adjustment Board. This 
amendment continues that authority granted the Construction Code 
Authority to pay the proper expenses of members of the National 
and Regional Boards, thus enlarging the opportunity to secure 
representation from among those members of the industry who, by 
reason of the expense involved, would otherwise be unable to serve. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Code hav- 
ing found as herein set forth and on the basis of the proceedings 
in this matter : 

It finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry 
for the purpose of cooperative action of labor and management 
under adequate governmental sanction and supervision, by eliminat- 
ing unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of industries, by avoid- 
ing undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

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

(208) 



209 

(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 
Board has approved said amendment to said Code of Fair Competi- 
tion for the Cfonstruction Industry. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

A dministrative Oflcer. 
Jantjaby 10, 1935. 



^il 



l9ltW. fif{T 

km ill- ' 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CONSTRUCTION INDUSTRY , . 

Amend Article III by deleting the last paragraph of Article III, 
Section 5, as amended, reading as follows : 

" The cost of conducting the National and Regional Boards herein 
provided for shall be borne by the Construction Code Authority, 
subject to a budget submitted to and approved by it, provided, how- 
ever, that the cost of the services of the members of said Boards 
shall not be paid by such Authority, but the expense of the members 
of said Boards may be paid by such Authority." 

and substituting therefor the following paragraph — 

" The cost of conducting the National and Regional Boards herein 
provided for shall be borne by the Construction Code Authority, 
subject to a budget submitted to and approved by it, provided, how- 
ever, that the cost of the services of the members of said Boards 
shall not be paid by such Authority, except that the compensation 
for the services of the Chairman of the National Board and the 
expenses of the members of said Boards may be paid by such 
Authority." 

Approved Code No. 244 — Amendment No. 6. 
Begistry No. 1616-2-31. 

(210) 



Approved Code No. 382 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TRANSPARENT MATERIALS CONVERTERS 
INDUSTRY 

As Approved on January 11, 1935 



OEDER 



Approving Amendment of Code of Fair Competition for the 
Transparent Materials Converters Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I oi the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Transparent Materials 
Converters Industry, and due notice of opportunity to be heard hav- 
ing been given thereon and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and other- 
wise ; does hereby incorporate, by reference, said annexed report and 
does find that said amendment and the Code as constituted after 
being amended comply in all respects with the pertinent provisions 
and will promote the policy and purposes of said Title of said Act, 
and does hereby order that said amendment be and it is hereby ap- 
proved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Of[icer. 
Approval recommended : 
Joseph F. Battley, 

Division Administrator. 

Washington, D. C, 

January 11, 1936. 

(211) 

(2r£) 



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 Transparent Materials Converters Industry which 
■was approved by you on April 4, 1934. 

The purpose of this amendment is to empower the Code Authority 
to submit its budget for approval of the National Recovery Admin- 
istration and to make contribution to Code Administration expense 
compulsory upon the members of the Industry. 

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 the 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 1 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 temporarily required) by 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to propose the 
amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons the amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
AdTTiinistrative Officer. 
January 11, 1935. 

(212) 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE TRANSPARENT MATERIALS CONVERTERS IN- 
DUSTRY 

The Code of Fair Competition for the Transparent Material Con- 
verters Industry is hereby amended as follows : 

Delete Article II, Section 5 and substitute therefor the following: 
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 and the Executive Authorities of the Subordinate 
Codes of the several divisions of the Industry are hereby authorized : 

(a) To incur such reasonable obligations as are necessary and 
proper for the foregoing purposes, and to meet such obligations out 
of funds which may be raised as hereinafter provided and which 
shall be held in trust for the purposes of this Code and the Sub- 
ordinate Codes for said several divisions. 

(b) To submit to the National Industrial Recovery Board (here- 
inafter referred to as " the Board ") for approval, subject to such 
notice and opportunity to be heard as the Board may deem necessary 
(1) an itemized budget for the Code Authority and for the several 
Executive Authorities of the estimated expenses of the Code Au- 
thority and said Executive Authorities and (2) an equitable basis 
upon which the funds necessary to support such industrial and divi- 
sional budgets shall be contributed by members of the Industry and 
of said several divisions. 

(c) After such budgets and basis of contribution shall have been 
approved by the Board, to determine and obtain equitable contribu- 
tion as above set forth by all members of the Industry and of the 
members of the said respective divisions and to that end, if necessary, 
to institute legal proceedings therefor in the name of the Code Au- 
thority or the Executive Authority of the division concerned as the 
case may be. 

(d) Each member of the Industry and each member of each divi- 
sion thereof shall pay his or its equitable contribution to the expenses 
of maintenance of the Code Authority and of the Executive Author- 
ity of each division of the Industry of which he or it may be a mem- 
ber, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Board. Only members 
of the Industry complying with the Code and the Subordinate Codes 
and contributing to the expenses of their 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 any Executive Authority or to receive the 
benefits of any of the voluntary activities of such Authorities or to 
make use of any emblem or insignia of the National Recovery 
Administration. 

(213) 



214 

(e) Neither the Code Authority nor any Executive Authority of 
any division of the Industry shall either incur or 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 the 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. 

Approved Code No. 382 — Amendment No. 1. 
Registry No. 402-02. 



Approved Code No. 9 — Amendment No. 28 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRY 

As Approved on January 14, 1935 



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 a Notice of Opportunity to be Heard being 
duly published thereon and the annexed report on said amendment, 
containing findings with respect thereto, having been made and di- 
rected to the President i 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Exec- 
utive Order No. 6859, and otherwise; does hereby incorporate by 
reference, said annexed report and does find that said 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 
amendment be and it is 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, 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 subse- 
quent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

January H^ 1935. 

(215) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: On August 19, 1933, you approved a Code of Fair Competi- 
tion for the Lumber and Timber Products Industries. 

On July 27, 1934, the Administrator for Industrial Recovery ap- 
proved an Amendment to the Code for the Lumber and Timber 
Products Industries establishing the Wooden Pail and Tub Subdivi- 
sion of the Wooden Package Division of the said Code, 

The present Amendment, submitted by the Lumber Code Author- 
ity as Amendment No. 94, reduces the number of members on the 
Administrative Agency of the said Subdivision from six to four and 
provides that these members shall be elected by a majority vote of 
the members of the Industry. This Amendment is designed to effect 
economies in the administration of the Code and to eliminate certain 
obvious impracticalities which developed under the original 
Amendment. 

The Deput}^ Administrator in his final report to us on said Amend- 
ment to said Code having found as herein set forth and on the basis 
of all the proceedings in this matter ; 

We find that: 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups, by 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 
restrictions of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as 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- 
mentioned 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. 

(216) 



217 

(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 effective 
date of this Amendment. 

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

W. A. Harriman, 

Administrative Officer^ 
January 14, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LUMBER AND TIMBER PRODUCTS INDUSTRY 

WOODEN PAIL AND TUB SUBDIVISION 

In Schedule "A", 30-B, Wooden Pail and Tub Subdivision Ad- 
ministrative Agency (Article III), delete from paragraph (b) the 
following two sentences : 

" The said Administrative Agency shall consist of six (6) mem- 
bers, two of whom shall be elected by a majority vote of the mem- 
bers of the industry who are not members of the Association, if there 
be any such, each person to have one vote in person, by letter or by 
proxy. The remaining members shall be elected by a majority vote 
of the members of the industry who are members of said Associa- 
tion, each person to have one vote in person, by letter or by proxy." 

Insert in lieu thereof : 

Said Administrative Agency shall consist of four (4) members, 
who shall be elected by a majority vote of the members of the indus- 
try, each person to have one vote in person, by letter or by proxy. 

Approved Code No. 9 — Amendment No. 28. 
Registry No. 313-1-06. 

(218) 



Approved Code No. 276 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PLEATING, STITCHING, AND BONNAZ AND 
HAND EMBROIDERY INDUSTRY 

As Approved on January 14, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Pleating, Stitching, and Bonnaz and Hand Embroidery 
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 Pleating, Stitching, and 
Bonnaz and Hand Embroidery Industry, and hearings having been 
duly held thereon and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 

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 other- 
wise, does hereby incorporate, by reference, said annexed report and 
does find that said amendment and the Code as constituted after 
being amended comply in all respects with the pertinent provisions 
and will promote the policy and purposes of said Title of said 
Act, and does hereby order that said amendment be and it is hereby 
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 OftceT. 

Approval recommended: 
Prentiss L. Coonley, 

Acting Division AdTmnistraior. 

Washington, D. C, 

Jamuary IJ^^ 1936. 

(219) 



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 Pleating, Stitching, and Bonnaz and Hand Em- 
broidery Industry. The amendment which is attached was pre- 
sented by the Code Authority of the Pleating, Stitching, and Bonnaz 
and Hand Embroidery Industry Code Authority, on behalf of said 
Industry. 

A public hearing of which due notice was given all interested par- 
ties was held on November 21, 1934, on this amendment. All persons 
who requested were fairly heard in accordance with rules and regu- 
lations of the National Recovery Administration. 

After the hearing, the amendment was revised to conform to sug- 
gestions of the Legal Division and was presented to the various 
Advisory Boards of the National Recovery Administration for their 
examination and report. All such reports received were carefully 
considered before approval of the amendment. The Code Authority, 
on behalf of the Pleating, Stitching, and Bonnaz and Hand Em- 
broidery Industry indicated its assent to the revised amendment in a 
certified copy of a duly adopted resolution of the Code Authority 
which was presented to the National Recovery Administration. 

The Code for this Industry, as approved by you on February 10, 
1934, was amended by adding a new article designated as XII, con- 
sisting of three sections, which provide that subject to the rules and 
regulations of the NRA all products of the Industry shall bear an 
NRA Label, which shall have a registration number especially 
assigned to each member of the Industry. 

The amendment also provides that the charges made by the Code 
Authority for the Labels shall be subject to the supervision and order 
of the National Industrial Recovery Board and shall be not more 
than an amount to cover their costs. 

This amendment is designed to insure compliance with provisions 
of the Code by making use of the labels mandatory and to symbolize 
to customers of the Industry that products purchased from or serv- 
ice rendered by members of the Pleating, Stitching, and Bonnaz and 
Hand Embroidery Industry have been manufactured in compliance 
with the provisions of the Pleating, Stitching, and Bonnaz and Hand 
Embroidery Industry Code. 

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 : 

(220) 



221 

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 among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, hj eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation subsection (a) of Section 3, subsection (a) of Section 7, and 
subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(f) Those engaged in other st'Cps 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, 

Ad7ninistrative Oificer. 
January 14, 1935. 



114532—35 10 



AMENDMENT TO CODE OF FAIR COMPETITION FOE 
THE PLEATING, STITCHING, AND BONNAZ AND HAND 
EMBEOIDERY INDUSTRY 

Article XII 

Section 1. Subject to the rules and regulations heretofore or here- 
after prescribed by the National Industrial Recovery Board, all 
bundles of garments on which an operation coming within the defini- 
tion of the term " Industry " in this Code has been performed shall 
bear an N. R. A. Label to symbolize the conditions under which such 
operations were performed. 

Section 2. Each label shall bear a registration number especially 
assigned to each member of the Industry by the Code Authority and 
remain attached to such bundle when delivered to the manufacturer 
for whom the operation has been performed. 

Section 3. The charges made by the Code Authority for said 
labels shall at all times be subject to supervision and order of the 
National Industrial Recovery Board and shall be not more than an 
amount necessary to cover the cost thereof. 

Approved Code No. 276 — Amendment No. 2. 
Registry No. 231-1-06. 

(222) 



Approved Code No. 158 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STONE FINISHING MACHINERY AND 
EQUIPMENT INDUSTRY 

As Approved on January 14, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Stone Finishing Machinery and Equipment Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Stone Finishing 
Machinery and Equipment Industry, and opportunity to be heard 
thereon having been duly noticed and the annexed report on said 
amendment, containing findings with respect thereto, having been 
made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recover}^ 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, such 
approval and such amendment to take effect ten (10) days from the 
date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board before that time and the 
National Industrial Recovery Board issues a subsequent order to that 
effect; provided, however, that Section 7 (b) of Article VI be 
deleted from said Code in its amended form. 

National Industrial Reco\t:ry Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

January H^ 1935. 

(223) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Amendment to the Code of Fair 
Competition for the Stone Finishing Machinery and Equipment 
Industry to incorporate the principles contained in Executive Order 
of April 14, 1934, relating to collection of expenses of Code Admin- 
istration. This Amendment was proposed in accordance with 
Article IX of the Code as approved December 15, 1933, and Notice 
of Opportunity to be Heard was given from August 7 to August 
21, 1934. 

FINDINGS 

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

We find that: 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural 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 limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The Amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, this Amendment has been approved subject, 
however, to a ten-day waiting period as provided in the Order of 
Approval. 

For the National Industrial Recovery Board : 

W. A. Harrison, 

Administrati've Officer. 
January 14, 1935. 

(224> 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE STONE FINISHING MACHINERY AND EQUIP- 
MENT INDUSTRY 

PURPOSE 

Pursuant to Article IX, Section 2 of the Code of Fair Competi- 
tion for the Stone Finishing Machinery and Equipment Industry, 
'duly approved by the President on December 15, 1933, and further 
to effectuate the policies of Title I of the National Industrial Re- 
'Covery Act, the following Amendment is established as a part of 
said Code of Fair Competition and shall be binding upon every 
member of the Stone Finishing Machinery and Equipment Industry. 

Article VI — Administration 

Amend Article VI by adding at the end of Section 7 three new 
sections numbered 8, 9 and 10 to read as follows : 

Section 8. It being found necessary in order to support the ad- 
ministration of this code and to maintain the standards of fair com- 
petition established hereunder and to effectuate the policy of the 
Act, the Code Authority is authorized : 

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

(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary (1) an itemized budget of the Code Authority's 
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 cdntribution 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. 

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 National Industrial 
Recovery Board. Only members of the Industry complying with the 
code and contributing to the expenses of its administration as herein- 
above provided, unless duly exempted from making such contribu- 
tions, shall be entitled to participate in the selection of members of 
the Code Authority or to receive the benefits of any of its voluntary 
activities or to make use of any emblem or insignia of the National 
Recovery Administration. 

Section 10. The Code Authority shall neither incur nor pay any 
•obligation substantially in excess of the amount thereof as estimated 

(225) 



226 

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. 158 — Amendment No, 1. 
Registry No. 1399-26. 



Approved Code No. 235 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TEXTILE PROCESSING INDUSTRY 

As Approved on January 14, 1935 



ORDEK 



Approving Amendment of Code of Fair Competition for the 
Textile Processing Industry 

An application having been duly made by the Code Authority of 
the Textile Processing Industry 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 Textile Processing Industry, and 
a notice of an opportunity to be heard having been afforded thereon 
and the annexed report of 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, 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 having been 
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 O-fJicer. 

Approval recommended: 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

January i^, 1936. 

(227) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: This is a report on the results of the Notice of Opportunity 
to File Objections to the Amendment to the Code of Fair Compe- 
tition for the Textile Processing Industry, which was issued Novem- 
ber 23, 1934, with the provision that objections against the proposed 
Amendment could be filed any time prior to December 13, 1934. 
The Amendment, which is attached, was presented by the duly 
qualified and authorized representatives of the Industry complying 
with statutory requirements. 

In accordance with customary procedure, all complaints received 
were given careful consideration and all statutory and regulatory 
requirements were complied with. 

PROVISIONS or THE AMENDMENT 

An Amendment correcting a typographical error in Article III, 
Section 5 (e) of the Code as amended. 

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 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 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 standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act including without limi- 

(228) 



229 

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 
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 Of^cer* 
January 14, 1935. 









AMENDMENT TO CODE OF FAIE COMPETITION FOE 
THE TEXTILE PROCESSING INDUSTEY 

, J .Article III, Section 5 (e), is hereby amended to read as follows: 
": ;'(e) To appoint, within six weeks after the effective date, a com- 
mittee so constituted as to give consumer and governmental repre- 
sentation satisfactory to the National Industrial Eecovery Board, to 
make a study with a view to the establishment of classifications, 
nomenclature and standards of quality (grades) of staple products 
and services of the Industry wherever such standards are deemed 
feasible. The findings and recommendations of this committee shall 
be submitted to the National Industrial Eecovery Board, within six 
months after the appointment of the said committee, and after such 
hearings and investigations as it may designate, and upon approval 
by it shall be made a part of this Code and be binding upon every 
member of the Industry. 

Approved Code No. 235 — ^Amendment No. 6. 
Registry No. 299-1-13. 

(230) 



Approved Code No. 201F — Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

WHOLESALE STATIONERY TRADE 

As Approved on January 14, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR THE Wholesale Stationery Trade 

A division of the wholesaling or distributing trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Supplementary Code of Fair Competition for the Whole- 
sale Stationery Trade, to the Code of Fair Competition for the 
Wholesaling or Distributing Trade, and 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, 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, Adniinistraiive O^cer. 

Approval recommended : 
Harry C. Carr, 

Acting Division Administrator. 

Washington, D. C, 

January H^ 1935. 

(231) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: This is a report of the Notice of Opportunity to be Hear(J 
on an amendment to the Supplementary Code of Fair Competition 
for the Wholesale Stationery Trade, a Division of the Wholesaling- 
or Distributing Trade. The amendment which is attached was pre- 
sented by the Divisional Code Authority for the Wholesale Station- 
ery Trade and has their approval. 

The amendment contains the maximum discount terms allowed 
in the instance of sales where additional dating is given. These 
terms were approved on April 21, but were inadvertently omitted 
when certain amendments to the Code were approved on September 
10, 1934. 

This amendment appears to be in no way contrary to established 
NRA policy. 

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 obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by j)romoting 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 consumpton of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabili- 
tating industry. 

(b) The Code as 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. 

(232) 



233 

(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, 
January 14, 1935. 



AMENDMENT TO SUPPLEMENTAEY CODE OF FAIR 
COMPETITION FOR THE WHOLESALE STATIONERY 
TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

There shall be added to Section 3. Article IV of the Supplemen- 
tary Code of Fair Competition for the Wholesale Stationery Trade 
the following: 

The maximum cash discount terms which shall apply to such 
seasonal or dating orders shall be 2% ten (10) days, thirty (30) 
days net. 

Approved Code No. 201F — Amendment No, 2. 
Registry No. 409-06. 

(234) 



Approved Code No. 244K — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

WOOD FLOOR CONTRACTING INDUSTRY 

As Approved on January 14, 1935 



ORDER 



Approvixg Amendment or Code of Fair Competition for the Wood 
Floor Contracting Industry 

A DIVISION OF the CONSTRUCTION INDUSTRY 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Wood Floor Contracting 
Division of the Construction Industry, and due notice and oppor- 
tunity 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, 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 pre- 
vious approval of said Code is hereby modified to include an ap- 
proval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Walter G. Hooke, 

Acting Division Administrator. 

Washington, D. C, 

January H, 1935. 

<235) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: This is a report on an amendment to the Supplementary 
-Code of Fair Competition for the Wood Floor Contracting Divi- 
sion of the Construction Industry, which was approved by you on 
May 29, 1934. 

This change in Section 1 of Article VI of the Code of Fair Com- 
petition for the Wood Floor Contracting Division will enable the 
Code Authority to assess all contracts amounting to one hundred 
dollars ($100.00) or more. As approximately one-fourth of the dol- 
lar volume done by members of this Industry is in contract units 
of less than five hundred dollars ($500.00), it is necessary that the 
Code Authority be empowered to assess contracts of the smaller 
amounts in order that sufficient funds be obtained to administer the 
Code. 

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 the proceedings in this matter : 

The Board finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 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 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 subsection (a) of Section 3, subsection (a) of Section 7 and 
subsection (b) of Section 10 thereof. 

(c) The Code empowers the Divisional 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. 

(236) 



237 

(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- 
Board has approved said amendment to the Wood Floor Contracting 
Chapter of the Code of Fair Competition of the Construction 
Industry. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative OfjUcer. 
January 14, 1935. 



114532—35- 



AMENDMENT TO SUPPLEMENTAKY CODE OF FAIR 
COMPETITION FOR THE WOOD FLOOR CONTRACTING 
INDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

Delete the present Section 1 of Article VI of the Code for this 
Division and substitute the following : 

" Section 1. Each member of this Division shall file with one of 
the independent agencies designated by the Divisional Code Author- 
ity'", or by the local administrative committee, a signed, true copy 
of every bid in excess of one hundred dollars ($100.00), including 
all alternates and revisions thereto, submitted in connection with all 
competitive bidding as required by the awarding authority; or such 
lesser sum as may be determined by the Divisional Code Authority 
for local regions or areas. Copies of bids shall not be opened until 
twenty-four (24) hours after the time specified by the awarding 
authority for the receipt of such bids." 

Approved Code No. 244K — Amendment No. 1. 
Registry No. 1616-130. 

(238) 



Approved Cftde No. 65 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOK THE 

ADVERTISING SPECIALTY INDUSTRY 
As Approved on January 15, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Advertising Specialty 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 Advertising Specialty Indus- 
try, and hearings having been duly held thereon and the annexed 
report on said amendments, containing findings with respect thereto, 
having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise; does hereby incorporate, 
by reference, said annexed report, and does find that said amend- 
ments and the Code as constituted after being amended comply in 
all respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendments be and they are hereby approved, and that the 
previous approval of said Code is hereby amended to include an 
approval of said Code in its entirety as amended; provided, however, 
that the conditions set forth in the Executive Order of Approval, 
dated October 31, 1933, shall remain in effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Offtcer. 

Approval recommended : 
KiLBouRNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

January 15, 1935. 

(239) 



REPOKT TO THE PRESIDENT 

The President, 

The 'White Rouse. 

Sir : This is a report on the amendment of the Code of Fair Com- 
petition for the Advertising Specialty Industry, as approved by you 
on October 31, 1933, Application was duly made by the Code Au- 
thority for the Advertising Specialty Industry for amendments to 
Article II, Sections (a) and (b) ; Article III, Section 1 ; and 
Article VII, Paragraph A of the Code of Fair Competition for this 
Industry. A Public Hearing on certain amendments that were ger- 
mane to these present amendments was held on May 7, 1934. Fair 
notice of opportunity to be heard on these present proposed amend- 
ments was given to all interested parties. 

The purpose and effect of these amendments is: 

(1) To more clearly and restrictively define the definition of this 
Industry ; 

(2) To set forth more definitely the hours limitation; 

(3) To include provisions forbidding subterfuge, requiring estab- 
lishment and submission to the Administration of standards of 
safety and health, requiring the posting of labor provisions, and for- 
bidding dismissal for complaints; 

(4) To provide representation for jobbers on the Code Authority, 
thus making representation more equitable; and 

(5) To more adequately set forth the powers and duties of the 
Code Authority. 

The Assistant 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 : 

Said Board finds that: 

(a) Said 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 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 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 restrictions of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabili- 
tating industry. 

(240) 



241 

(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 Secton 7 and 
Subsecton (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendments on behalf of the Industry as a whole. 

(d) The amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendments and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, therefore, said Board has approved said amend- 
ments. 

For the National Industrial Recovery Board : 

W. A. Harriman, Administrative Officer. 
January 15, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ADVERTISING SPECIALTY INDUSTRY 

AUTICLE II 

Delete Article II, Section (a), substituting therefor: 
"(a) The term 'Advertising Speciality Industry' or 'Industry' 
as used herein is defined to mean and include the manufacture 
(fabrication and/or assembly), and/or sale by the manufacturer 
and/or jobber of the products of this Industry or any one of them ". 
Delete Article II, Section (b), substituting therefor: 
^'(b) The term 'Products of this Industry' or 'Products' is 
defined to mean and include all articles specifically designed and 
made for advertising purposes and incorporating the advertising 
integrally on or as a part of the article, together with parts of the 
foregoing articles which incorporate the aforementioned advertis- 
ing copy when manufactured (fabricated and/or assembled), such 
articles being given away to the ultimate consumer. 

Article III 

Section 1. Delete, substituting therefor the following: 

" Section 1. (a) No employee shall be permitted to work in ex- 
cess of forty (40) hours in any one week or eight (8) hours in any 
twenty-four (24) hour period, except as herein otherwise expressly 
provided ". 

"Section 1 (b). The maximum hours fixed in Section 1 (a) shall 
not apply to employees for twelve (12) weeks in any fifty -two (52) 
weeks period during which time overtime shall not exceed eight (8) 
hours in any one week; provided, that at least one and one-half 
(11/2) times the regular rate shall be paid for hours worked in 
excess of eight (8) hours in any twenty-four (24) hour period or 
forty (40) hours in any seven (7) day period ". 

" Section 1 (c) No employee shall be permitted to work more 
than six days in any seven day period, except watchmen may be 
permitted to work thirteen (13) days in any fourteen (14) day 
period. 

" Section 1 (d) The maximum hours fixed in Section 1 (a) shall 
not apply to watchmen, provided that watchmen shall not be per- 
mitted to work in excess of forty-eight (48) hours per week." 

Article IV 

To Article IV add the following provisions: 

"(f) Subterfuge Forbidden. — No employer shall reclassify em- 
ployees or duties of occupations performed or engage in any other 

(242) 



243 

subterfuge so as to defeat the purposes or provisions of the Act 
or of this Code. 

"(g) Standards for /Safety and Health. — Every employer shall 
provide for the safety and health of employees during the hours 
and at the places of their employment. Standards for safety and 
health shall be submitted by the Code Authority to the Xational 
Industrial Recovery Board before ]March 1, 1935. 

''(h) Postivg Required. — All employers shall post and keep posted 
copies of this Code in conspicuous places accessible to all employees. 
Every member of the Industry shall comply with all rules and regu- 
lations relative to the posting of provisions of Codes of Fair Com- 
petition which may from time to time be prescribed bj^ the National 
Industrial Recovery Board. 

"(i) Dismissal for Complaints Forhidden. — 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." 

Article VII 

Substitute the following for Article VII, Paragraph (a) : 

" (a) To effectuate further the policies of the Act, a Code Author- 
ity for the Advertising Specialty Industry is hereby designated to 
administer this Code. 

" 1. The Code Authority shall consist of five representatives of the 
Industry, four of whom shall be manufacturers and one of whom 
shall be a jobber, to be elected by a fair method of selection approved 
by the National Industrial Recovery Board and in addition there 
may be three 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. 

'" 2. Each trade 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 Na- 
tional Industrial Recovery Board true copies of its articles of asso- 
ciation, by-laws, regulations and any amendments when made thereto, 
together with such other information as to membership, organization 
and activities as the National Industrial Recovery Board may deem 
necessary to effectuate the purposes of the Act. 

" 3. In order that the Code Authority shall at all times be truly 
representative of the Industry and in other respects comply with the 
provisions of the Act. the National Industrial Recovery 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 in the method of selection 
of the Code Authority. 

'* 4. If the National Industrial Recovery Board shall determine 
that any action of the Code Authority, or any agency thereof, may 
be unfair or unjust or contrary to the public interest, the National 
Industrial Recovery Board may require that such action be suspended 
to afford an opportunity for investigation of the merits of such action 
and further consideration by the Code Authority or agency pending 



244 

final action whicli shall not be effective unless the National Indus- 
trial Recovery Board approves or unless it shall fail to disapprove 
after thirty (30) days' notice to it of intention to proceed with suck 
action in its original or amended form. 

" 5. The Code Authority shall have power to investigate alleged 
violations of this Code and acts or courses of conduct by any mem- 
ber which are or appear to be contrary to the policy of the Act oi 
which tend or may tend to render ineffective this Code and to report 
the same with recommendations to the National Industrial Recovery 
Board. 

" 6. The Code Authority shall 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 or agencies shall at all times 
be subject to and comply with the provisions hereof. 

" 7. The Code Authority may appoint a Trade Practice Committee 
which shall meet with the Trade Practice Committees under such 
other Codes as may be related to this Industry for the purpose of 
formulating Fair Trade Practices to govern the relationship between 
production and distribution emploj^ers under this Code and under 
such others 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. 

" 8. Nothing contained in this Code shall constitute the members 
of the Code Authority partners for any purpose; nor shall any 
member of the Code Authority be liable in any manner to any one 
for any act of any other member, officer, agent or employee of the 
Code Authority; nor shall any member of the Code Authority, 
exercising reasonable diligence in the conduct of his duties here- 
under, be liable to any one for any action or omission to act under 
this Code, except for his own wilful malfeasance or nonfeasance. 

" 9. The Code Authority may recommend to the National Indus- 
trial Recovery Board any action or measures deemed advisable, 
including further fair trade practice provisions to govern members 
of the industry in their relations with each other or with other 
industries; measures for industrial planning, and stabilization or 
employment; and including modifications of this Code which shall 
become effective as part hereof upon approval by the National 
Industrial Recovery Board after such notice and hearing as it may 
specify ". 

Approved Code No. 65 — Amendment No. 1. 
Registry No. 1702-2-01. 



Approved Code No. 446 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANNING INDUSTRY 
As Approved on January 15, 1935 



OKDER 



Approving Amendment of Code of Fair Competition for the 
Canning Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of an 
amendment to the Code of Fair Competition for the Canning Indus- 
try, and opportunity to be heard having been afforded all members 
of said Industry and any objections hied having been duly con- 
sidered, and the annexed report on said amendment, containing 
findings with respect thereto, having been made and directed to 
the President i 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to 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 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. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 
Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, -' 

January 15, 1935. 

(245) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to Section 1 of Article VI 
and Subsection (d) of Section 1 of Article VI of the approved Code 
of Fair Competition for the Canning Industry No. 446, This Code 
was approved by you on May 29, 1934. 

Pursuant to Executive Order No. 6678, dated April 14, 1934, the 
Code Authority for the Canning Industry, in accordance with Sec- 
tion 2 of Article IX of said Code, having found it necessary in order 
to maintain standards of fair competition, has made application for 
amendment of said Code to provide an additional member to the 
Code Authority so that the territory of Hawaii may be given proper 
representation. 

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 rem.oval of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural 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 limi- 
tation Subsection (a) of Section 3. Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

_(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

(246) 



247 

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

In accordance with Executive Order No. 6678, dated April 14, 
1934, the amendment of this Code has been approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Ofjicev. 
January 15, 1935. 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE CANNING INDUSTRY 

The Code of Fair Competition for the Canning Industry shall be 
amended by deleting subsection (a) of Section 1, Article VI, and 
inserting in lieu thereof the following: 

(a) The Code Authority shall consist of sixteen (16) members 
truly representative of the industry. The plan for electing the Code 
Authority shall be submitted to the National Industrial Recovery 
Board for approval, and the members elected shall be subject to the 
approval of the National Industrial Recovery Board. 

And subsection (d) of Section 1, Article VI, shall be deleted. 

Approved Code No. 446 — Amendment No. 3. 
Registi-y No. 105-03. 

(248) 



Approved Code No. 400 — Amendment No. 1 
AMENDMENT TO CODE OT FAIR COMPETITION 

FOR THE 

CELLULOID BUTTON, BUCKLE, AND NOVELTY 
MANUFACTURING INDUSTRY 

As Approved on January 15, 1935 



ORDER 



Appko^t:ng Amendment of Code of Fair Competition for the Cel- 
luloid Button, Buckle and Novelty Manufacturing Industry 

All application 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 Celluloid Button, Buckle and 
Novelty Manufacturing Industry, and opportunity to be heard having 
been afforded all members of said Industry and any objections filed 
having been duly considered and the annexed report on said amend- 
ment containing findings with respect thereto, having been made and 
directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, 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 respect 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 "VY. A. Harriman, Administrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Division A chnin istrator, 

Washington, D. C, 

January 15^ 1935. 

(249) 



REPORT 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 Celluloid Button, Buckle and 
Novelty Manufacturing Industry approved April 20, 1934, as pro- 
loosed by the Code Authority for this Industry, was published Au- 
gust 29, 1934. No objections were received. 

Article VI has been amended by deleting therefrom Section 1 (d), 
and by substituting in lieu of Section 2 (f), the standard provisions 
pertaining to a Code Authority Budget and Basis of Contribution. 
Section 1 (e) has been renumbered to read 1 (d). 

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 Na- 
tional Industrial Recovery Act including the removal of obstructions 
to the free flow of interstate and foreign commerce which tend to di- 
minish the amount thereof, and will provide for the general welfare 
by promoting the organization of industry for the purpose of coop- 
erative action of labor and management under adequate governmental 
sanction and supervision, by eliminating unfair competitive practices, 
by promoting the fullest possible utilization of the present productive 
capacity of industries, by avoiding undue restriction of production 
(except as may be temporarily required), by increasing the consump- 
tion of industrial and agricultural products through increasing pur- 
chasing power, by reducing and relieving unemployment, by im- 
proving standards of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion Subsection (a) of Section 3, Subsection (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 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. 
January 15, 1935. 

(250) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CELLULOID BUTTON, BUCKLE AND NOVELTY 
MANUFACTURING INDUSTRY 

Amend Article VI by deleting therefrom Section 1 (d) and renum- 
ber 1 (e) to read 1 (d) and by substituting in lieu of oection 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 esti- 
mated 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 industrj^ ; 

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

2. Each member of the industr}^ 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 here- 
inabove 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 
substantiall}^ in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Na- 
tional Industrial Recovery Board; and no subsequent budget shall 
contain any deficiency item for expenditures in excess of prior budget 
estimates except those which the National Industrial Recovery 
Board shall have so approved. 

Approved Code No. 400 — Amendment No. 1. 
Registry No. 1009-05. 

(251) 



Approved Code No. 7 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORSET AND BRASSIERE INDUSTRY 

As Approved on January 15, 1935 



ORDEK 



AppRO^^NG Amendment of Code of Fair Competition for the 
Corset and Brassiere Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recover}^ Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Corset and Brassiere 
Industry, and opportunity to be heard having been afforded all 
members of said Industry and anj^ objections filed having been duly 
considered and the annexed report on said amendment containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to authority 
vested in it bj^ 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 polic}^ and purposes of said Title of said Act, and 
does herebv order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby amended to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
W. A. Harriman, Admmist?''ative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Division Adniinistrator. 

Washington, D. C, 

January 15, 1935. 

114532—35 12 (253) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An amendment to the Code of Fair Competition for the 
Corset and Brassiere Industry approved August 14, 1933, was pro- 
posed bj^ the Code Authority for this Industry. A Notice of Oppor- 
tunity to be Heard on the proposed amendment was published De- 
cember 4, 1934. One objection was received and was duly considered. 

The Code has been amended by deleting therefrom Section (k) 
of Article 9, which provided that the Code Authority shall set up 
a Bureau for the registration of original and unique designs. 

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 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without 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, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harrimax. 

Ad/trdnistratwe Oijicer. 
January 15, 1935. 

(254) 



AMENDMENT TO CODE OF FAIR COMPETITION FOK ITIE 
CORSET AND BRASSIERE INDUSTRY 

Delete Section (k) of Article 9. 

Approved Code No. 7 — Amendment No. 3. 
Registry No. 220-1-02, 

(255) 



Approved Code No. 366 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL MONUMENT INDUSTRY 

As Approved on January 15, 1935 



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 notice of opportunity to be heard having been given 
and the annexed report on said amendment, containing hndings with 
respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority 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 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 : 
Harry C. Carr, 

Acting Division Administrator. 
Washington, D. C, 

January 15^ 1935. 

(257) 



REPOET TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an Amendment to the Code of Fair Com- 
petition for the Retail Monument Industry. This Amendment was 
proposed by the Code Authority in accordance with Article X of the 
Code, approved March 26, 1934, and provides for incorporation of 
the Code Authority. Notice of Opportunity to be Heard has been 
issued to all interested parties and no objections have been filed 
against the proposed Amendment. 

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

It finds that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purcliasing power, by reducing and relieving unemploj''- 
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 provision 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 
operate to discriminate against them. 

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

For these reasons it has approved this amendment. 
For the National Industrial Recovery Board: 

W. A. Harriman, 
Administrative Officer. 
January 15, 1935. 

(258) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RETAIL MONUMENT INDUSTRY 

Article VI is hereby amended by the addition of a new last para- 
graph numbered " 12 " and reading as follows : 

" Section 12. Incorporation of Code Authority. The Code Au- 
thority may incorporate under the laws of any State of the United 
States or the District of Columbia, or may assume or adopt such 
existing corporate form under any of such laws as it may deem 
appropriate for the proper performance of its activities, powers 
and duties under this Code. Such corporation or corporate form 
shall be not for profit and it is to be known as ' Retail jNIonument 
Code Authority. Inc.'; provided, however, that the powers, duties, 
objects and purposes of said corporation shall be limited to the 
powers, duties, objects and purposes of the Code Authority, as pro- 
vided in this Code; and provided further that the Code Authority 
shall submit to the National Industrial Recovery Board, for its ap- 
proval, its proposed Certificate of Incorporation and proposed By- 
Laws, and no amendment of either shall be made without the like 
prior approval of the National Industrial Recovery Board ; and pro- 
vided further, that the Code Authority shall submit, with its pro- 
posed Certificate of Incorporation and By-Laws, the written opinion 
of an attorney at law qualified in and conversant with the laws of 
the jurisdiction in which the Code Authority seeks to be incorpo- 
rated, as to the nature and extent of the jurisdiction, powers and 
authorities exercisable by the State in question, and its agencies over 
the activities of the Code Authoritj^ as a corporation. 

" If at any time the National Industrial Recovery Board shall de- 
termine that the corporate status assumed by the Code xVuthority 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 a non-corporate Code Authority truly representative of the In- 
dustry, or such other actions as it may deem expedient." 

Approved Code No. .366 — Amendment No. 3. 
Registry No. 1030-12. 

(259) 



Approved Code No. 225 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SMOKING PIPE MANUFACTURING INDUSTRY 

As Approved on January 15, 1935 



ORDER 



Approving Amendment of Code of Fair Competition foe the 
Smoking Pipe ISIanufacturing 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 Smoking Pipe Manufacturing 
Industry, and hearings having been duly held thereon and opportu- 
nity to be heard being given, and the annexed report on said amend- 
ments, containing findings with respect thereto, having been made 
and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of ^the President, and including 
Executive Order' No. 6859, and otherwise; does hereby incorporate, 
by reference, said annexed report, and does find that said amend- 
ments and the Code as constituted after being amended, comply in 
all respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendments be and they are hereby approved, and that the 
previous approval of said Code is hereby amended to include an ap- 
proval of said Code in its entirety as amended; provided, however, 
that the approval of Section 9 of Article V, and this Section shall 
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 the Board issues a subsequent Order to that 
effect. 

National Industrial Recomsrt Board, 
By W. A. Harriman, Administrafme Officer ^ 

Approval recommended : 
Kilbouene Johnston, 

Acting Division Administrator. 
Washington, D. C, 

January 15, 1935. 

(261) 



EEPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendment of the Code of Fair Com- 
petition for the Smoking Pipe Manufacturing Industry, as approved 
by you on January 23, 1934. Application was duly made by the 
Code Authority for the Smoking Pipe Manufacturing Industry for 
amendments to Article IV, Section 3; Article V, Sections 6, 7, 8 
and 9; Article VI, Sections 1, 2 and 3; and Article VII, Section 13 
of the Code of Fair Comjoetition for this Industry. A public hear- 
ing was held on these amendments on July 13, 1934. Fair notice of 
opportunity to be heard has been given to all interested parties. 

The purpose and effect of these amendments is: (1) To require 
reporting of wage adjustments. (2) To include labor provisions 
prohibiting subterfuge, providing for the posting of Code provisions, 
submission of standards of safety and health, and prohibiting dis- 
charge of employees for making a complaint or giving evidence con- 
cerning Code violations. (3) To provide for the collection of manda- 
tory contributions for Code administration. (4) To outline a per- 
missive form for the return of used goods. 

The' Assistant 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 : 

Said Board finds that: 

(a) Said amendments lo 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 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 ]3romoting 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 i)ower, 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 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. 



263 

(c) The Code empowers the Code Authority to present the afore- 
said amendments on behalf of the Industry as a whole. 

(d) The amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendments and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

For these reasons, therefore, said Board has approved said 
amendments. 

For the National Industrial Recovery Board : 

W. A. Hareiman, 

Administrative Offtcer. 
January 15, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SMOKING PIPE MANUFACTURING INDUSTRY 

Article IV — Wages 

Amend Section 3 by adding a new sentence to read as follows : 
"All adjustments made since June 16, 1933, shall be immediately 
reported to the Code Authority." 

Article V — General Labor Provisions 

Delete Section 6 and substitute a new Section 6 to read as follows : 

" 6. No employer shall reclassifiy employees or their duties of 
occupations performed on engage in any other subterfuge so as to 
defeat the purposes of the Act or of the Code." 

Delete Section 7 and substitute a new Section 7 to read as f oUoavs : 

" 7. All employers shall post, and keep posted, copies of this Code 
in conspicuous places accessible to all employees. All members of the 
Industry shall comply with all rules and regulations relative to the 
posting of provisions of the Code of Fair Competition which may 
from time to time be prescribed by the National Industrial Recovery 
Board." 

Add a new Section to be designated as Section 8 and to read as 
follows : 

" 8. Every employer shall provide for the safety and health of his 
employees during the hours and at the places of their employment. 
The standards of safety and health shall be submitted to the Na- 
tional Industrial Recoverj^ Board by March 1, 1935." 

Add a new Section to be designated as Section 9 and to read as 
follows : 

" 9. No employee shall be discharged or demoted by reason of 
making a complaint or giving evidence with respect to an alleged 
violation of this Code." 

Article VI — Administration 

Delete Section 1 (d) and Section 2 (f) and Section 2 (g). 

Section 2 (a) is redesignated Section 2 (h). 

Add to Section 2 of Article VI a new Subsection (f) to read as 
follows : 

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

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

(264) 



265 

(b) 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 (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 ; 

(e) After such budget and basis of contribution have been ap- 
proved by the National Iriclustrial 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 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 
Authority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

3. The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its ap- 
proved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the 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." 

Article VII — Trade Practices 

Add to Section 13 a new Sub-section to be designated 13 (a) and 
to read as follows: 

"Retailers may perform the service of packing and mailing the 
returned used pipes to the members of the industry, provided such 
retailer gives the consumer's name and address to the manufacturer." 

Delete Section 14. 

Approved Code No. 225 — Amendment No. 1. 
Registry No. 1651-02. 



Approved Code No. 199 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORK INDUSTRY 
As Approved on January 16, 1935 



ORDER 



Approving Amendment of Code of Fair Competiiton for the Cork 

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 Cork Industry, and 
opjoortunity to be heard having been given and the annexed report 
on said amendment, containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 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 policj^ 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 fourteen (14) days from 
the date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board before that time and the Board 
issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Walter G. Hooke, 

Acting Division Achninistrator. 

Washington, D. C, 

January 16^ 1935. 

(267) 



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 amendment to the Code of Fair Competition for the Cork 
Industry, submitted by the Code Authority for said Industry. 

The purposes and effects of the amendment are : 

1. To rewrite the provision regarding filing of merchandising 
plans to require the filing of prices and to eliminate a waiting period 
between the filing date and the effective date of prices. 

2. To prohibit sales at prices other than those filed. 

3. To require members of the Industry to enter into agreements 
with their distributors under which the distributors will be required 
to file their prices and will be prohibited from selling at prices other 
than those so filed. 

4. To define the words " price terms." 

FINDINGS 

The Assistant Deputy Administrator in his final report to The 
National Industrial Recovery Board on said amendment to said Code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter : 

It is found that: 

(a) The amendment to said Code and the Code as amended are well 
designed to promote the policies and purposes of Title I of the 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 welfare 
by promoting the organization of Industry for the purpose of coop- 
erative action among trade groups, by inducing and maintaining 
united action of labor and management under adequate governmental 
sanction and supervision, by eliminating unfair competitive practices, 
by promoting the fullest possible utilization of the present productive 
capacity of the industries, by avoiding undue restriction of 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 im- 
proving standards of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limitation 
sub-section (a) of Section 3, sub-section (a) of Section 7, and sub- 
section (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(268) 



269 

(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, said amendment is hereby approved. 
For the National Industrial Eecovery Board : 

W. A. Harriman, 

Administrative Ojflcer. 
January 16, 1935. 



114532- 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE CORK INDUSTRY 

Article VIII. Add a new Section as follows : 

Section 8. The provisions of Sections 1, 5 and 7 of this Article 
shall apply to the entire Industry. The provisions of Sections 2, 3^ 
4 and 6 of this Article shall apply to all of the divisions of the 
Industry, except the Cork Insulation Manufacturers' Division, to 
which Division they shall not apply. 

Add a new Article as follows : 

Article VIII — A 

Section 1. The provisions of this Article shall apply only to the 
Cork Insulation Manufacturers' Division. 

Section 2. Within fifteen (15) days after the approval by the 
Code Authority and the National Industrial Recovery Board of the 
Executive Committees' recommendations and merchandising plans as 
provided for in Section 1 of Article VIII, each individual member 
of the Division concerned shall file with the Secretary his plan for 
merchandising and his price terms, effective on the fifteenth day 
after said approval, which plan shall supply the information re- 
quired and shall be in the form so approved by the National Indus- 
trial Recovery Board. The member's merchandising plan and price 
terms so filed shall remain in force unless and until superseded by 
the filing with the Secretary by the member of a revision of his 
merchandising plan and price terms. Except said member's mer- 
chandising plan and price terms initially filed as above provided, re- 
visions of such plan and price terms shall become effective imme- 
diately upon receipt thereof by the Secretary, who shall, by tele- 
graph or other equally prompt means, immediately notify said mem- 
ber of the time of such receipt. The original merchandising plan and 
price terms and all revisions thereof, filed by each member of the 
division concerned, as well as the price terms of manufacturers' dis- 
tributors, which may be filed with the Secretary pursuant to the 
provisions of Section 4 of this Article, shall be immediately and 
simultaneously distributed by the Secretary to all other members of 
the division and to those manufacturers' distributor^ who have price 
terms on file with the Secretary regarding similar products of the 
industry, and the same shall be made available to all customers af- 
fected thereby who have applied therefor and have agreed to defray 
the cost actually incurred by the Code Authority in the preparation 
and distribution thereof, and the same shall also be available for 
inspection by any of the said customers at the office of the Secretary. 

Section 3. No member shall sell or offer to sell any article at price 
terms other than those which such member has currently on file with 
the Secretary, 

(270) 



271 

Section 4. No member of a division for which a merchandising 
plan shall have been approved by the National Industrial Recovery 
Board shall sell any product of said division to or through any dis- 
tributor or distributors, after fifteen (15) days after the date of ap- 
proval of said merchandising plan, unless and until said distributor 
and/or distributors shall have entered into a separate written agree- 
ment, which agreement shall contain the following provisions : 

(a) That such manufacturers' distributor shall forthwith issue 
and file with the Secretary his or its price list or lists, including 
therein all prices, terms, rebates, discounts, allowances and condi- 
tions of sale and any revisions thereof which may be made from time 
to time, relating to or affecting the sale or offer to sell of any of the 
products of the division concerned, to all classes of customers. 

(b) That said price list or lists, terms, rebates, discounts, allow- 
ances and conditions of sale, and any revisions thereof, shall become 
effective immediately upon receipt of same by the Secretary. 

(c) That such manufacturers' distributor shall not sell or offer 
to sell any of said products at prices or terms other than those which 
he or it has currently on file w4th the Secretary. 

Copies of all such separate agreements so executed shall be filed 
with the Secretary wnthin five (5) days following the date of their 
execution. Immediately upon receipt of the price terms of such 
manufacturers' distributors, the Secretary by telegraph or telephone, 
or other equally prompt means, shall notify such manufacturers' 
distributor filing the same of the time of such receipt and all such 
price terms and revisions thereof shall be immediately and simul- 
taneously distributed by the Secretary to all members of the division 
and to such manufacturers' distributors who have filed price terms 
or revisions thereof for the sale or offer to sell of similar products, 
and the same shall be made available to all customers affected 
thereby who have applied therefor and have agreed to defray the 
cost actually incurred by the Code Authority in the preparation and 
distribution thereof, and the same shall also be available for inspec- 
tion by any of the said customers at the office of the Secretary. 

Section 5. The provisions of Section 4 of this Article shall cease to 
be effective sixty (60) days after the date of the approval of this 
Amendment, unless within that time manufacturers' distributors of 
the products of the Cork Insulation Manufacturers' Division, to the 
extent of 75% by number and 85% by volume of business, file with 
the National Industrial Recovery Board their assent to the provisions 
of said Section 4. 

Section 6. Any Agreement made under the provisions of Section 
4 of this article shall terminate if and when this Code, or said Section 
4 of this Article, or said merchandising plan shall cease to be of effect. 

Amend Article II by adding a new section as follows : 

Section 13. Wherever used in this Code, the words " price terms '^ 
shall be understood to include all prices, terms, rebates, discounts, 
allowances or other conditions of sale. Whenever used in this Code 
the words " manufacturers' distributors " shall have the meaning 
within each Division as defined in the Merchandising Plan for that 
Division. 

Approved Code No. 199 — Amendment No. 2. 
Registry No. 308-1-O1. 



Approved Code No. 84J — Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

CUTLERY, MANICURE IMPLEMENT AND PAINT- 
ERS AND PAPERHANGERS TOOL MANUFAC- 
TURING AND ASSEMBLING INDUSTRY 

As Approved on January 16, 1935 



ORDER 



Appkovixg Amexdmext of Supplementary Code of Fair Competi- 
tion FOR THE Cutlery, Manicure Implement and Painters and 
Paperhangers Tool Manufacturing and Assembling Industry 

a division of the fabricated metal products manufacturing and 
metal finishing and metal coating industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Supplementary Code of Fair Competition for the Cutlery, 
Manicure Implement and Painters and Paperhangers Tool Manufac- 
turing and Assembling Industry, and a Public Hearing having been 
duly held thereon, and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive 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 polic}' and purposes of said Title of said Act, and does hereby 
order that said amendment be and it is hereby approved, and that 
the previous approval of said Supplementary Code is hereby modi- 
fied to include an approval of said Supplementary 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, 

January 16, 1935. 

(273) 



KEPORT TO THE PRESIDENT 

The President. 

The Whke 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 VIII of the Supplementary Code 
of Fair Competition for the Cutlery, Manicure Implement and 
Painters and Paperhangers Tool Manufacturing and Assembling In- 
dustry by the Supplementary Code Authority for that Industry. The 
Supplementary Code of Fair Competition for the Cutlery, Manicure 
Implement and Painters and Paperhangers Tool Manufacturing and 
Assembling Industry was approved on March 26, 1934. 

The amendment in effect provides that a standard Statement of 
Quality will be formulated by the Industrj^ and approved by seventy- 
five percent (75%) of the manufacturers in the Industry and shall 
be subject to approval by the National Industrial Recovery Board. 
Wlien such standard Statement of Quality has been formulated and 
approved it w^ill be applicable to all members of the Industry. 

FINDINGS 

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

It has been found that: 

(a) The amendment of said Supplementary Code and the Sup- 
plementary Code as amended are well designed to promote the poli- 
cies and purposes of Title I of the National Industrial Recovery Act 
including the removal of obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof, 
and will provide for the general welfare by promoting the organi- 
zation of industry for the purpose of co-operative action of labor 
and management under adequate governmental sanction and super- 
vision, by eliminating unfair competitive practices, by promoting 
the fullest possible utilization of the present productive capacity of 
industries, by avoiding undue restriction of production (except as 
may be temporarily required), by increasing the consumption of in- 
dustrial 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 re- 
spects with the pertinent provisions of said Title of said Act, includ- 
ing without limitation sub-section (a) of Section 3, sub-section (a) 
of Section 8 and sub-section (b) of Section 10 thereof. 

(274) 



275 

(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 desigTied to and will not permit monopolies or monopolistic 
practices. 

(e) The amendment and the Supplementary Code as amended are 
not designed to and will not eliminate or oppress small enterprises 
and will not operate to discriminate against them. 

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

For these reasons, the amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Adviinistrative Ojficer. 
January 16, 1935. 



AMENDMENT TO SUPPLEMENTAEY 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 VIII By Adding the Following Section 

(8) The guaranteeing of any product of the Industry, which may 
be subject to replacement because of defects in materials or work- 
manship, either by implication or in printed form on a more liberal 
basis than as prescribed in the standard " Statement of Qualitj^ " as 
formulated and approved by 75% of the manufacturers of these 
products by a letter ballot. Such standard as formulated and adopted 
by the Industry shall be subject to approval by the National Industrial 
Recovery Board. 

Approved Code No. 84J — Amendment No. 2. 
Registry No. 1108-05. 

(276) 



Approved Code No. 84G — Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

TOOL AND IMPLEMENT MANUFACTURING 
INDUSTRY 

As Approved on January 16, 1935 



OKDER 



AppRO\^NG Amendment of Supplementary Code of Fair Competi- 
tion FOR the Tool and Implement 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 Indus- 
trial Recovery Act, approved June 16, 1933, for approval of an 
amendment to a Supplementary Code of Fair Competition for the 
Tool and Implement Manufacturing Industry, and a Notice of Op- 
portunity 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 Supplementary 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 Supplementary Code is hereby 
modified to include an approval of said Supplementary Code in its 
entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
KHiBOURNE Johnston, 

Acting Division Acbninistrator. 

Washington, D. C, 

January 16, 1935. 

(277) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act for an amendment of Article V of the Supplementary Code 
of Fair Competition for the Tool and Implement Manufacturing 
Industry by the Supplementary Code Authority for that Industry. 

The amendment in effect is designed to eliminate an unfair com- 
petitive practice in the Industry by requiring all members of the 
Industry when selling or exchanging any product of the Industry, a 
substantial part of which has been made in a foreign country, to 
clearly label, stamp, or brand such products " partly foreign made." 
Further, it provides that it is an unfair practice to name or describe 
such products in any catalog, price list, " flyer ", or letter, without 
stating that it is " partly foreign made." 

FINDINGS 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on said am.endment of said Supplementary 
Code having found as herein set forth and on the basis of all pro- 
ceeding in this matter : 

It has been found that : 

(a) The amendment of said Supplementary Code and the Supple- 
mentary Code as amended are well designed to promote the policies 
and purposes of Title I of the National Industrial Recovery Act in- 
cluding the removal of obstructions to the free flow of interstate and 
foreign commerce which tend to diminish the amount thereof, and will 
provide for the general welfare by promoting the organization of 
industry for the purpose of co-operative action of labor and manage- 
ment under adequate governmental sanction and supervision, by elim- 
inating 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 re- 
quired), 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 with- 
out limitation sub-section (a) of Section 3, sub-section (a) of Section 
8 and sub-section (b) of Section 10 thereof. 

(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the in- 
dustry as a whole. 

(278) 



279 

(d) The amendment and the Supplementary Code as amended are 
not designed to and will not permit monopolies or monopolistic 
practices. 

(e) The amendment and the Supplementary Code as amended are 
not designed to and will not eliminate or oppress small enterprises 
and Avill 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 Eecovery Board : 

W. A. Haeriman, 

Administrative Ofjlcer. 
January 16, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE TOOL AND IMPLEMENT MANUFAC- 
TURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend Article V by adding the new Rule 9 — Products "Partly 
Foreign Made." 

Rule 9. To sell or exchange any product of the Industry, a sub- 
stantial part of which has been made in a foreign country, without 
indicating that fact by a conspicuous label, stamp, or brand on the 
completed article reading " Partly Foreign Made " ; it is also an un- 
fair practice to name or describe any article so made, in any catalog, 
price list, " flier ", letter, or in any other manner, without stating that 
it is " Partly Foreign Made." 

Approved Code No. 84 G — -Amendment No. 2 
Registry No. 1149-1-05. 

(280) 



Approved Code No. 250 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

WIRE, ROD, AND TUBE DIE INDUSTRY 

As Approved on January 16, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Wire, 
Rod, and Tube Die Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Wire, Rod, and Tube 
Die Industry, and an opportunity to be heard having been noticed 
to all interested persons, and no objections having been filed, and the 
annexed report on said amendment, containing findings with respect 
thereto, 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, such approval and such amend- 
ment to take effect ten (10) days from the date hereof, unless good 
cause to the contrary is shown to the National Industrial Recovery 
Board before that time and the National Industrial Recovery Board 
issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative 0-fficer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

January 16, 1935. 

(281) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Wire, Rod, and Tube Die Industry submitted by The 
Association of Wire, Rod and Tube Die Manufacturers. Notice of 
opportunity to be heard was afforded all interested parties. No ob- 
jections were filed. 

This amendment is necessary in order to allow overtime in hours 
of work during peak seasons. 

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 : 

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 wel- 
fare by promoting the organization of industry for the purpose of 
cooperative action among trade groups, by inducing and maintaining 
united action of labor and management under adequate governmental 
sanction and supervision, by eliminating unfair competitive practices, 
by promoting the fullest possible utilization of the present productive 
capacity of industries, by avoiding undue restriction of production 
(except as may be temporarily required), by increasing the consump- 
tion of industrial and agricultural products through increasing pur-* 
chasing power, by reducing and relieving unemployment, by improv- 
ing standards of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects 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 Recovery 
Board has approved this amendment. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojficer. 
January 16, 1935. 

(282) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE WIRE, ROD, AND TUBE DIE INDUSTRY 

Amend Article III, Section 1, by adding the following: 
However, during peak seasons employees may be permitted to 
work not more than 44 hours in any week (of five working days), 
for not to exceed four weeks in each six-months' period, provided all 
hours worked by any employee in excess of those hereinbefore in 
this section prescribed shall be paid for at one and one-half times 
his normal rate of pay. 

Approved Code No. 250 — Amendment No. 2. 
Registry No. 1399-27. 

(283) 



Approved Code No. 342 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SANITARY AND WATERPROOF SPECIALTIES 
MANUFACTURING INDUSTRY 

As Approved on January 18, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Sani- 
tary 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 Manufacturing Industry, and 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 author- 
ity vested in it, by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise ; 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby modified to 
include an approval of said Code in its entirety as amended. 
National Industrial Recovery Board, 
ByW. A. Harriman, Administrative Ojflcer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 18, 1935. 

(285) 



114532—35 14 



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 Sanitary and Waterproof Specialties Manufacturing 
Industry. 

Article VI, Section 3 (a) was amended to provide for the incor- 
poration of the Code Authority of the said industry. 

An opportunity to be heard was afforded all interested parties and 
all objections have been carefully considered by the National Indus- 
trial Recovery Board. The National Industrial Recovery Board has 
also carefully considered the reports of the Industrial Advisory 
Board, Labor Advisory Board, Consumers' Advisory Board, Re- 
search and Planning Division and the Legal Division of the National 
Recovery Administration which Avere made on this amendment. 

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

It finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
w^elfare 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 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 industries and will not 
operate to discriminate against them. 

(286) 



287 

(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. 
Janttart 18, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SANITARY AND WATERPROOF SPECIALTIES 
MANUFACTURING INDUSTRY 

The following to be added to Article VI, Section 3 (a) of the 
Code of Fair Competition for the Sanitary and Waterproof Special- 
ties Manufacturing Industry: 

The Sanitary and Waterproof Specialties Manufacturing Indus- 
try Code Authority may, upon submission to and approval by the 
National Industrial Recovery Board of its proposed Certificate of 
Incorporation and By-laws, incorporate under the laws of any State 
of the United States, or of the District of Columbia ; such corpora- 
tion to be known as the Sanitary and Waterproof Specialties Manu- 
facturing Industry Code Authority, Inc. The powers, objects and 
purposes of the said Corporation shall in all respects be limited to 
the powers, objects and purposes of the Sanitary and Waterproof 
Specialties Manufacturing Industry Code Authority, as provided in 
this Code and the existence of the Corporation shall be during the 
term of the Code. 

Approved Code No. 342 — Amendment No. 2. 

Registry No, 899-1-01. 

(288) 



Approved Code No. 183 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HOUSEHOLD ICE REFRIGERATOR INDUSTRY 

As Approved on January 19, 1935 



ORDER 

Approving Amendment of Code of Fair Competition for the 
Household Ice 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 fifteen amend- 
ments to a Code of Fair Competition for the Household Ice Refrig- 
erator Industry, and hearings having been duly held thereon and 
the annexed report on said amendments, containing findings with 
respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order Number 6859, and otherwise: does hereby incorpo- 
rate, by reference, said annexed report and does find that said amend- 
ments and the Code as constituted after being amended comply in 
all respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendments be and they are hereby approved, and that the 
previous approval of said Code is hereby amended to include an 
approval of said Code in its entirety as amended. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Offtcer. 

Approval recommended : 
Kilbourne Johnston, 

Acting Division Administrator. 

Washington, D. C, 

January 19, 1935. 

(289) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on fifteen amendments to the approved Code 
of Fair Competition for the Household Ice Refrigerator Industry. 

These amendments are acceptable to the Code Authority for that 
Industry and to the various Boards and Divisions, and opportunity 
to be heard thereon has been given to all interested parties. 

The Acting Assistant Deputy Administrator in his final report 
to us on said amendments to said Code having found as herein set 
forth and on the basis of all the proceedings in this matter, we 
find that : 

(a) The amendments of said Code and the Code as amended are 
well constituted 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 purposes of cooperative action among the Trade Groups, by 
inducing and maintaining united action of labor and management 
under adequate Government sanction and supervision, by eliminat- 
ing unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of industries, by 
avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by 
reducing and relieving unemployment, and 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 National Refrigerator Manufacturers Association was 
and is an industrial association truly representative of the aforesaid 
Industry and said association imposed and imposes no inequitable 
restrictions on admission to membership therein and consents to 
these amendments. 

(d) The amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The amendments and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them, 

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

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

W. A. Harriman, 
Adtninistrative Officer. 
January 19, 1935. 

(290) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE HOUSEHOLD ICE REFRIGERATOR INDUSTRY 

1. 

Amend Article III, Section 1, to read as follows : 

1. No employee shall be permitted to work in excess of forty 
hours in any one -vreek or eight (8) hours in an}^ tw-enty-four (24) 
hour period, except as otherwise provided in this Article III. 



Amend Article III, Section 1, by adding a new subsection (c), as 
follows : 

(c) In order to provide for peak production periods, plant and 
factory employees may, during any eight (8) weeks in each calendar 
year, be permitted to work up to but not in excess of forty-eight (48) 
hours in any week and eight (8) hours in any day, provided, how- 
ever, that such time worked in excess of forty (40) hours in any such 
week b}^ such employees, shall be paid for at not less than one and 
one-half (II/2) times the normal rate of pay, and provided further 
that this tolerance shall not be used if the peak period requirements 
can be met by the employment of additional employees. All time 
worked beyond forty hours per week shall be reported to the Code 
Authority and to the Administration on request. 



Amend Article III by adding a new Section 3, as follows : 

(3) No employee shall be permitted to work more than six days 

in any week, except for such emergency work as is covered by Section 

2 of this Article. 

4. 

Amend Article Y, Section 5, to read as follows : 

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. 



Amend Article V, Section 6. to read as follows : 

(6) Employers shall not reclassify employees or duties of occupa- 
tions performed by employees, or engage in any other subterfuge, so 
as to defeat the purposes or provisions of the Act or of this Code. 

(291) 



292 

6. 

Amend Article V by adding a new Section 12, as follows : 
(12) No employee shall be discharged, demoted or otherwise dis- 
criminated against by reason of making a complaint or giving evi- 
dence with respect to an alleged violation of this Code. 

T. 

Amend Article VI, Section 3, to read as follows : 

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 : 

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

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

(c) To obtain from members of the Industry such information 
and reports as are required for the administration of the Code. 

(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 thereof. 

(e) To make recommendations to the National Industrial Recov- 
ery Board for the coordination of the administration of this Code 
and such other Codes, if any, as may be related to or affect members 
of the Industry. 

(f) To provide appropriate facilities for arbitration between 
members of the Industry and subject to the approval of the National 
Industrial Recovery Board, to prescribe rules of procedure and rules 
to effect compliance with awards and determinations. 

8. 

Amend Article VI, Section 10, by substituting the word " pre- 
scribe " for the word " provide." 

9. 

Amend Article VI, Section 11, to read as follows : 
11. If the National Industrial Recovery Board shall at any time 
determine that any action of the Code Authority or any agency 
thereof is unfair or unjust or contrary to the public interest, the 
National Industrial Recovery Board may require that such action 
be suspended to afford an opportunity for investigation of the merits 
of such action and further consideration by such Code Authority 
or agency pending final action which shall not be effective unless 
the National Industrial Recovery Board approves or unless it shall 
fail to disapprove after (30) days's notice to it of intention to pro- 
ceed with such action in its original or moJified form. 



293 

10. 

Amend Article VII, Section 15, by changing the third word of 
line five from " December " to " October ", the Section to read as 
follows : 

15. Selling on other than standard terms — Standard terms shall 
require payment in cash within thirty (30) days from date of in- 
voice. If desired, a discount of two percent (2%) for cash within 
ten (10) days from date of invoice may be extended. On all ship- 
ments between October 1 and April 1 invoices may be dated April 1 
and such invoices may be subject to the cash discount if paid by 
April 10 and to anticipation discount of one half of one percent 
(1/2 of 1%) per month if paid before that time, or for payment for 
an entire preceding month's invoices on or before the 10th of the 
followin.g month. 

11. 

Amend Article VII by deleting Section 16 thereof, and by making 
the changes in the numbers of all following Sections necessitated 
by such deletion. 

12. 

Amend Article VII, Section 19, by adding the following: 
And in no case shall this provision be evaded or nullified by such 
devices as the appointment of a member or connection of a buying 
concern as salesman for a manufacturer so as to bring to the buyer 
the salesman's commission as well as the buyer's discount, thus giv- 
ing such buyer an unfair advantage over other buyers of the same 
class. 

13. 

Amend Article VII, by adding a new Section 20 as follows : 
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 to export trade. Export trade shall be defined as in the 
" Export Act " adopted April 10, 1918. 

14. 

Amend Article VIII, Section 1, to read as follows : 
1. (a) Each member of the Industry shall file with a confidential 
and disinterested agent of the Code Authority identified lists of all of 
his prices, discounts, rebates, allowances, and all other terms or con- 
ditions of sale, hereinafter in this Article referred to as ' price terms ', 
which list shall completely and accurately conform to and represent 
the complete 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. Price terms and revised price terms shall become 
effective immediately upon receipt thereof by said agent. Immedi- 
ately upon receipt thereof, said agent shall by telegraph or other 
equally prompt means notify said member of the time of such receipt. 



294 

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 shall 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. The Code Authority 
shall maintain a permanent file of all price terms filed as herein pro- 
vided, and shall not destroy any part of such records except upon 
written consent of the National Industrial Recovery Board. Upon 
request the Code Authority shall furnish to the National Industrial 
Recovery Board, or any duly designated agent of the National In- 
dustrial Recovery Board, copies of any such lists or revisions of price 
terms. 

(b) W]ien any member of the Industry has filed any revision, such 
member sliall not file a higher price within forty -eight (48) hours. 

(c) No member of the Industry shall sell or offer to sell any prod- 
ucts/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. 

(d) No member of the Industry shall enter into anv 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 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. 

15. 

Amend Article IX, Section 2, to read as follows : 

Subject to such rules and regulations as may be issued by the 
National Industrial Recovery Board, the Code Authority shall have 
the power and right to recommend to the National Industrial Re- 
covery Board any action or measures deemed advisable, including 
further fair trade practice provisions to govern members of the 
Industry in their relations with each other or with other industries; 
measures for industrial planning, and stabilization of employment; 
and including modifications of this Code which shall become effective 
as part hereof upon approval by the National Industrial Recovery 
Board after such notice and hearing as it may specify. 

Approved Code No. 183 — Amendment No. 2. 
Registry No. 1328-1-01. 



Approved Code No. 84L1 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

COMPLETE WIRE AND IRON FENCE INDUSTRY 

As Approved on January 22, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR the Complete Wire and Iron Fence Industry 

A DI\^SION OF the FABRICATED METAL PRODUCTS MANUFACTURING ANT) 
metal finishing AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for the approval of an 
Amendment to the Supplemental^ Code of Fair Competition for 
the Complete Wire and Iron Fence Industry, and opportunity to be 
heard thereon having been duly noticed and the annexed report on 
said Amendment, containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 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 policies 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 Supplementary Code 
is hereby amended to include an approval of saicl Supplementary 
Code in its entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Ojficer. 

Approval recommended : 
KiLBouRNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

January £2, 1935. 

(295) 



KEPORT TO THE PRESIDENT 

The President, 

The White House^ 
Sir: This is a report on the amendment of the Supplementary 
Code of Fair Competition for the Complete Wire and Iron Fence 
Industry, a Division of the Fabricated Metal Products Manufactur- 
ing and Metal Finishing and Metal Coating Industry, to incorporate 
the principles contained in Schedule "A" of Office Memorandum 
:#:228, dated June 7, 1934, relating to the filing of prices. This 
amendment was proposed in accordance with Article X of the Sup- 
plementary Code as approved on July 3, 1934, and Notice of Oppor- 
tunity to be Heard was given from December 26, 1934 to January 
15, 1935. 

Findings 

The Assistant Deputy Administrator in his final report 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 of the said Supplementary Code and the 
Supplementary Code as amended is well designed to promote the 
policies and purposes of Title I of the National Industrial Re- 
covery 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 among trade groups, by inducing and maintaining united 
action of labor and management under adequate governmental sanc- 
tion 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 con- 
sumption of industrial and agricultural products through increasing 
purchasing power by reducing and relieving unemployment, by im- 
proving standards of labor, and by otherwise rehabilitating industry. 

(b) The Supplementaiy Code as amended complies in all respects 
with the pertinent provisions of said Title of said Act, including 
without limitation Subsection (a) of Section 3, Subsection (a) of 
Section 7, and Subsection (b) of Section 10 thereof. 

(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the 
Industry as a whole. 

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

(296) 



297 

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

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

For these reasons, therefore, this amendment has been approved. 

For the National Industrial Recovery Board: 

W. A. Hareiman, 
Admmistrative Officer. 

January 22, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF THE 
COMPLETE WIRE & IRON FENCE INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend Article VII as it appears in the Supplementary Code as 
approved on July 3, 1934, by deleting Sections 1, 2, and 3 thereof, 
and substituting therefor the following : 

Section 1. Each member of the Industry shall file with the Sec- 
retary, as the confidential and disinterested agent of the Supple- 
mentary Code Authority, identified lists of all of his prices, discounts, 
rebates, allowances, specifications, 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 
Authorit3^ Said price terms shall, in the first instance, be filed 
within ten (10) days after the date of approval of this provision. 
Price terms and revised price terms shall become effective imme- 
diately upon receipt thereof by said agent. Immediately upon re- 
ceipt 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 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. 
Such lists or revisions or any part thereof shall not be made avail- 
able 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 day period. The aforesaid agent 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 
Industrial Recovery Board. Upon request the aforesaid agent shall 
furnish to the National Industrial Recovery Board or any duly 
designated agent of the said Board copies of any such lists or 
revisions of price terms. 
_ Section 2. When any member of the Industry has filed any revi- 
sion, such member shall not file a higher price within fortv-eight 
(48) hours. 

(29§) 



299 

Section 3. No member of the Industry shall sell or offer to sell 
any i^roducts/services of the Industry, for Avhich price terms have 
been filed pursuant to the provisions of this Article, except in accord- 
ance with such price terms. 

Section 4. No member of the Industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 
price terms, nor cause or attempt to cause any member of the Indus- 
try to change his price terms by the use of intimidation, coercion, 
or any other influence inconsistent with the maintenance of the free 
and open market which it is the purpose of this Article to create. 

The present Section 4 of this Article to be renumbered 5. 

Approved Code No. 84L1 — Amendment No, 1. 
Registry No. 1113-01. 



Approved Code No. 1 — Amendment No. 12 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON TEXTILE INDUSTRY 

As Approved on January 22, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Cotton Textile Industry 

An application having been dnly made piirsnant 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 Cotton Textile Indus- 
try, 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. 
National Industrial Recovery Board, 
By W. A. Harhiman, Achninistrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Admin istrator. 

Washington, D. C, 

JanwiTij '22, 1935. 

(301) 

114532—35 15 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amenchnent to the Code of Fair Com- 
petition for the Cotton Textile Industry. Notice of Opportunity to 
be Heard on this amendment was published on December 17, 1934; 
only three objections were received within the given twenty day 
period ending January 7, 1935. The amendment, which is attached, 
was presented by duly qualihed and authorized representatives of 
the Industry, complying with statutory requirements, and being the 
duly constituted Code Authority under the provisions of the said 
Code for the said Industry. 

Subsection (b) of Section 1 of the Trade Practices Governing the 
Merchandising of Carded Cotton Yarn is liberalized to the extent 
that where the performance of a contract is guaranteed by the 
selling agent it is not obligatory upon such selling agent to furnish 
the spinning mill with the name of the prospective customer. 

The terms of sale recited in Section 7 of the Trade Practices 
Governing Merchandising of Carded Cotton Yarn are changed so 
that in the case of sales made on the basis of two percent discount 
up to the tenth proximo shipments made on or after the 25th of the 
month may be dated as of the first of the following month. 

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 Nati<mal 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 wx4fare 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 elimimiting 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 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- 

(302) 



303 

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 op- 
erate to discriminate against them. 

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

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board: 

W. A. Hareiman, 

Administrative Ojflcer^ 
January 22, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COTTON TEXTILE INDUSTRY 

Amend Subsection (b) of Section 1 of the Trade Practices Gov- 
erning the Merchandising of Carded Cotton Yarn by adding at the 
end thereof, the following sentence : 

Where the performance of the contract is guaranteed by the sell- 
ing agent, however, it is not obligatory upon the selling agent to 
furnish the spinning mill with the name of the prospective customer; 

Amend Section T of the Trade Practices Governing the Merchan- 
dising of Carded Cotton Yarn by the insertion, at the end of the first 
sentence thereof, of the following sentence : 

In the case of sales made on the basis of 2% disconnt up to the 
10th proximo, shipments made on or after the 25th of the month 
may be dated as of the first of the following month. 

Approved Code No. 1 — Amendment No. 12. 
Registry No. 299-25. 

(304) 



Approved Code No. 64 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

DRESS MANUFACTURING INDUSTRY 

As Approved on January 23, 1935 



ORDER 



Approving Amendments of Code of Fair Coimpetition 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 Indus- 
trial Recovery Act, approved June 16, 1933, for approval of two 
amendments to a Code of Fair Competition for the Dress Manu- 
facturing Industr}^, and the annexed report on said amendments, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, oii 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- 
ments and the Code as constituted after being amended, comply in 
all respects with the pertinent provisions and will promote the pol- 
icy 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 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, 

Division Administrator. 

Washington, D. C, 

January £3, 1935. 

(305) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Dress Manufacturing Industry 
submitted a proposed amendment to the Code of Fair Competition 
for the Dress Manufacturing Industry. A Public Hearing was held 
on this amendment on October 9, 1934, and every person who re- 
quested a hearing was fairly heard in accordance with regulations of 
the National Recovery Administration. 

This amendment amends Article VI, Section 2 (d), of the Code by 
revising the first paragraph and adding two new paragraphs thereto. 
The addition of these two paragraphs (1) grants the Code Authority 
and/or the National Industrial Recovery Board the authority to re- 
quire members of the Industry to keep such necessary records as may 
be required by the Code Authority and/or the National Industrial 
Recovery Board, such plans and forms of operation to be proposed by 
the Code Authority subject to the disapproval of the National Indus- 
trial Recovery Board, and (2) provides that falsifying such records 
and/or reports or M-ithholding information which shall be required 
as therein ])rovided shall be a violation of the Code. 

The National Industrial Recovery Board finds that: 

(a) The amendment to said Code and the Code as amended are 
Avell designed to jiromote 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 diminisli the amount thereof, and will provide for the general 
w^elfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10, thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a wdiole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(306) 



307 

(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, 
Administrati've Ojficer 

January 23, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE DRESS MANUFACTURING INDUSTRY 

Article IV, Section 6, Paragra2)h 4, of the Code of Fair Competi- 
tion for the Dress INIanufacturing Industry' shall be amended to read 
as foUoAvs : 

The Western Area shall be divided into a Northern and a Southern 
Section, comprised as follows : 

The Southern Section shall consist of Virginia, West Virginia, 
Kentucky, Arkansas, Oklahoma, New Mexico, Arizona, and all states 
south of the southern borders of those states : 

The Northern Section shall consist of the remainder of the states 
included in the Western Area, as defined in the Code, except the 
areas within a radius of seventy-hve (75) miles of the cities of 
Chicago and Cleveland, respectively, for which special provision 
is made. 

Article F/, Section 2. of the Code of Fair Competition for the 
Dress Manufacturing Industry shall be amended by deleting and 
eliminating therefrom subsidivision (i), and relettering subdivisions 
(j) and (k) of Article VI to (i) and ( j), respectively. The amend- 
ment reads as follows : 

The Code Authority shall provide rules and regulations by which 
the distinction between '' higher priced garments " as herein defined 
and " lower priced garments " shall be determined. In so doing, the 
Code Authority shall be guided by the wholesale prices prevailing 
on August 15, 1933, or thereabouts, as representing the intention of 
the framers of this Code. 

Approved Code No. 64 — Amendment No. 5. 
Registry No. 2i:8-01. 

(308) 



Approved Code No. 64 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

DRESS MANUFACTURING INDUSTRY 

As Approved on January 23, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Dress 
Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Dress Manufacturing 
Industry, and the annexed reports 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 incor])orate, 
by reference, said annexed report and does find that said amendment, 
and the Code as constituted after being amended, complies in all 
respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendment be and it is hereby approved, and that the previous 
approval of said Code is hereby amended to include an approval of 
said Code in its entirety as amended. 

National Industrial Recovery Board 
By W, A. Harriman, Administrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 23, 1935. 

(309) 



REPORT TO THE PRESIDENT 

The President, 

The 'White Bouse. 

Sir: The Code Authority for the Dress Manufacturing Industry 
has submitted two proposed amendments to the Code of Fair Com- 
petition for the Dress Manufacturing Industry. These amendments 
were examined and approved by the Legal Division, the Division of 
Research and Planning, the Consumers, Industrial and Labor Ad- 
visory Boards. 

A Public Hearing was held on December 13, 1934, relative to these 
amendments and every person requesting a hearing was fairly heard 
in accordance with the rules and regulations of the National Re- 
covery Administration. 

The first amendment classifies Colorado, Kansas and Utah in the 
Northern Section of the Western Area and clarifies the definition of 
this section of the Code. 

The second amendment eliminates the necessity of the Code Au- 
thority providing rules and regulations to distinguish between 
" higher priced garments " and " lower priced garments." 

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 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, 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 con- 
sumption of industrial and agricultural products through increased 
purchasing poAver, by reducing and relieving unemployment, by 
improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act. including without limita- 
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10, thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendments on behalf of the Industry as a whole. 

(d) The amendments and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(310) 



311 

(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. Harriman, 

Administrative Officer. 
January 23, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
DRESS MANUFACTURING INDUSTRY 

Article TV, Section 2 (d) of the Code of Fair Competition for 
the Dress Manufacturing Industry is amended to read as follows : 

To obtain from time to time from members of the Industry true 
reports in respect to wages, hours of labor, conditions of employ- 
ment, number of employees and other facts pertinent to the purposes 
of this Code as the Code Authority and/or the National Industrial 
Recover}^ Board may prescribe; and to submit periodical reports to 
the National Industrial Recovery Board in such form and at such 
times as it may require, with respect to compliance with the provi- 
sions of this Code and to furnish Governmental agencies with such 
statistical and other information as the National Industrial Recovery 
Board may deem necessary for the purposes recited in Section 3 (a) 
of the Act. 

Members of the Industry shall keep such necessary records as may 
be required by the Code Authority and/or the National Industrial 
Recovery Board in connection with the above. Copies of proposed 
plan and forms of operation shall be furnished to the National 
Industrial Recovery Board and if not disapproved within ten (10) 
days shall be deemed approved. 

It shall be a violation of the Code to falsify such records and/or 
reports or to withhold information which shall be required as lierein 
provided. 

Except where alleged violations are being heard, all individual 
reports furnished hereto shall be treated as confidential informa- 
tion by the administrative staff of the Code Authority, and shall not 
otherwise be revealed to competitors of those furnishing the informa- 
tion except as part of summarized reports. 

Approved Code No. 64 — Amendment No. 6. 
Registry No. 22&-01. 

(312) 



Approved Code No. 322 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EARTHENWARE MANUFACTURING INDUSTRY 

As Approved on January 23, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Earthenware Manufacturing Industry 

An application having been duh^ made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an Amend- 
ment to'the Code of Fair Competition for the Earthenware Manu- 
facturing Industry, and hearings having been duly held thereon and 
the annexed report on said Amendment, containing findings with 
respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No."^ 6859, and otherwise, does hereby incorporate, 
by reference, said annexed report and does find that said Amend- 
ment 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 Reco\:ery Board, 
By W. A. Harriman, Administrative 0-fflcer. 

Approval recommended : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

January 23, 1935. 

(313) 



REPORT TO THE PRESIDENT 

The Presidext, 

The Wh/'fe House. 

Sir : A Public Hearing was held in Washington, D. C, on August 
14, 1934, on a group of Amendments to the Code of Fair Competition 
for the Earthenware Manufacturing Industry as submitted by the 
Code Authority for that industry and on certain Amendments pro- 
posed by the National Recovery Administration. 

The Amendments correct certain typographical errors in the 
original Code as printed; eliminate the necessity of obtaining the 
National Recovery Administration's approval prior to permitting 
emergency maintenance and repair emplo3^ees to exceed the maxi- 
mum hours when engaged in emergency work involving breakdowns 
or protection of life or property ; change the term " api^rentice " as 
used in the Code to the word " learners ", as these emploj^ees could 
hardly be considered bona fide apprentices; bring into conformity 
with present policy certain provisions of the Code such as those gov- 
erning handicapped persons, standards of safety and health, post- 
ing of labor provisions and dismissal of employees for complaints 
of Code violation. 

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 : 

We find that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industr}' 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 pui'chasing 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, inclucling 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. 

(314) 



315 

(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, 
Admdnisfrative Ojficer. 

January 23, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE EARTHENAVARE MANUFACTURING INDUSTRY 

Amend Article II, Section 7 l)y deleting the word " apprentice " 
and substituting in lieu thereof the word *' learner." 

Amend Article III by deleting Section 1 and substituting in lieu 
thereof : 

Section 1. No employee, except as hereinafter specified, shall be 
permitted to work in excess of forty (40) hours j^er week when 
averaged over any one (1) period of thirteen (13) consecutive weeks 
as selected by the employer, and no such employee shall be permitted 
to work in excess of forty-four (44) hours in any one (1) week, 
or eight (8) hours in any one (1) day, 

(a) Employees engaged in emergency maintenance or repair in- 
volving breakdowns or protection of life or property may be per- 
mitted to work in excess of the maximum hours provided herein 
but all such employees when engaged in emergency work shall be 
paid not less than at the rate of one and one-third (II/3) times 
their nornuil rate of pay for all hours Avorked in excess of eight (8) 
hours in an}' one (1) day and forty-four (44) hours in any one week. 
Each employer shall report all emergencies to the Code Authority 
\vitliin sevent3'-two (72) hours from the beginning of such period, 
giving a complete statement of all the circumstances of the 
emergency. 

Amend Article III, Section 7, line 3 by deleting the word " op- 
erators '' and substituting in lieu thereof the word " operations." 

Amend Article IV by deleting Section 4 and substituting in lieu 
thereof the following: 

Section 4. Learners may be employed at not less than eighty (80%) 
percent of the minimum wage prescribed in Sections 1, 2, 3 and 6 of 
this Article, provided, however, that the total number of learners 
employed by any member of the industry shall not exceed five (5%) 
percent of the total number of employees of any such member and 
their period of learning shall not exceed twelve (12) weeks whether 
served under one or more employers. 

Amend Article IV, Section 7 by deleting the words " and employed 
during the same work period." 

Amend Article IV by deleting Section 8 and substituting in lieu 
thereof : 

Section 8. A person whose earning capacity is limited because of 
age, physical or mental handicap, or other infirmity, may be em- 
ployed on light work at a wage below the minimum established by 
this Code, if the employer obtains from the state authority, desig- 
nated by the United States Department of Labor, a certificate author- 
izing such person's employment at such wages and for such hours as 
shall be stated in the certificate. Such authority shall be guided by 
the instructions of the United States Department of Labor in issu- 

(316) 



317 

ing certificates to such persons. Each employer shall file monthly 
with the Code Authority a list of all such persons employed by him^ 
showing the wages paid to, and the maximum hours of work for such 
employee. 

Amend Article V by deleting Section 4 and substituting in lieu 
thereof : 

Section 4. Every employer shall jDrovide for the safetj^ and health 
of employees during the hours and at the places of employment. 
Standards for safety and health shall be submitted by the Code 
Authority to the National Industrial Recovery Board within three 
(3) months after the effective date of this section. 

Amend Article V by adding to Section 6 the following sentence : 

Every member of the Industrj^ 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. 

Amend Article V by adding new Section : 

Section 7. No employer subject to this Code shall dismiss or de- 
mote an}^ employee for making a complaint or giving evidence with 
respect to an alleged violation of the })rovisions of any Code. 

Amend Article VI. Section 3, subsection c (4) by adding thereto 
the State of South Dakota. 

Amend Article VI. Section 3, subsection c (5) by adding thereto 
the State of Arizona. 

Amend Article VI, bv changing the second Section 9 to read Sec- 
tion 10. 

Amend Article VIII, Section 1 (a), by adding thereto ^y^' •, 
between 6" and 7" in the third column. 

Approved Code No. 322 — Amendment No. 3. 
Registry No. 1016-03. 
114532—35 16 



APPENDICES 



Approved Code No. 84 — Appendix No. 3 
CODE APPENDIX 

FOR THE 

FIREPLACE FURNISHINGS MANUFACTURING 

INDUSTRY 

As Approved on December 21, 1934 



ORDER 



Approving Appendix for the Fireplace Furnishings Mantifactur- 

iNG Industry 

A SUBDIVISION or 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 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, for approval of an Appendix establishing trade prac- 
tice provisions for the Fireplace Furnishings Manufacturing Sub- 
division of said Industry, and Notice of Opportunity to be Heard 
having been given to all interested parties, and objections received 
thereon having been satisfied, and the annexed report on said Ap- 
pendix to said Code containing findings with respect thereto, having 
been made and directed to the President. 

NOAV, THEREFORE, on behalf of the President of the United 
States, 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 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. 

National Industrial Reco\'ery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
KiLBOuRNE Johnston, 

Acting Division Administrator. 

Washington, D. C, 

December 21, 193 If. 

(819) 



REPORT TO THE PRESIDENT 

The President. 

The W?iite House. 
Sir: This is a report on an Appendix to the Code of Fair Com- 
petition 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 Fireplace Furnishings Manufactui'ing Industry, being 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 Finish- 
ing and Metal Coating Industry, as amended on June 1, 1934, with 
the assistance of additional fair trade practice provisions. 

RESLME OF THE APPENDIX 

Paragraph A, Definition, accuratel}' defines the term " Fireplace 
Furnishings Manufacturing Subdivision." 

Paragrnph B. Governing Body, sets up a governing body consist- 
ing of members of the Subdivision to be known as the Subdivisional 
Committee for the Fireplace Furnishings 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 provides for the forjnulation of a cost accounting system. 

Section 2 provides for open price filing. 

Section 3 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 4 provides against selling on consignment except where 
peculiar circumstances require the practice. 

Section 5 provides against the sale of goods other than F. O. B. 
factory except where peculiar circimistances requii-e the practice. 

Section 6 prohibits the sale of samples. 

Section 7 provides for the formulation of maximum discounts and 
terms of sale. 

Section 8 provides that the Subdivisional Committee may establish 
classifications and quality standards for products of the Industry. 

Section 9 prohibits the copying of any unique style or design ap- 
plied to a product of the Subdivision. 

Section 10 provides that the jDrovision of the Appendix shall not 
apply to export trade. 

(320) 



321 

FIKDINGS 

The Acting- Deputy Adniiiiistrator in his final report to the Board 
on said Appendix to said Code having found as herein set fortli and 
on the basis of all the proceedings in this matter: 

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 gOA^ernmental sanctions and supervision, 
by eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
b}^ avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by reduc- 
ing and relieving unemployment, by improving standards of labor, 
and by otherwise rehabilitating industry. 

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

(c) The Appendix to said Code as approved complies in all re- 
spects with the pertinent provisions of said Title of said Act, includ- 
ing Avithout 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 association truly representative of 
the aforesaid Industr^^ : and that said association imposes no inequi- 
table restrictions on admission to membership therein. 

(d) The Appendix to said Co<le is not designed 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 A])pendix of said Code has been 
approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Admin ist rat Ive Officer. 
December 21, 1934. 



CODE APPENDIX FOR THE FIREPLACE FURNISHINGS 
MANUFACTURING INDUSTRY 

A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Pursuant to Section 4 of Article IV of the Code of Fair Competi- 
tion of the Fabricated Metal Products Manufacturing and Metal 
Finishing and Metal Coating Industry, as amended, (the terms of 
which apply to each member of the Fireplace Furnishings Manufac- 
turing Subdivision) the following provisions are established as an 
Appendix to said Code of Fair Competition of the Fabricated Metal 
Products Manufacturing and Metal Finishing and Metal Coating 
Industry for the Fireplace Furnishings Manufacturing Subdivision 
of that Industry. 

A. Definition. — The term " Fireplace Furnishings Manufacturing " 
means the manufacture and/or assembly for sale of fireplace furnish- 
ings, including such items as andirons, fireplace grates and baskets, 
fireplace tools, screens and items for the adornment of the fireplace 
made in whole or in substantial part of metal, and parts thereof, 
other than gray iron castings when manufactured and sold as such. 

B. Suhdhlsional Convny'dtee. — The members of the subdivision 
shall set up a subdivisional committee for the Fireplace Furnishings 
Manufacturing Subdivision, hereafter referred to as the '' Subdivi- 
sional Committee ". consisting of as many members as may be de- 
termined by and in a manner satisfactory to the Basic Code Au- 
thority and the National Industrial Recovery Board. The National 
Industrial Recovery Board may appoint a member of the Subdivi- 
sional Committee who shall be given reasonable notice of and may 
sit at all meetings of the Subdivisional Committee but who shall be 
without vote and shall serve without expense to the subdivision. 

C. Effective date. — This Appendix shall become effective ten (10) 
days after its approval by the National Industrial Recoveiy Board. 

TRADE PRACTICES 

Any member of the subdivision who directly or indirectly through 
any officer, employee, agent or representative violates or evades any 
of the following trade practices provisions shall be guilty of viola- 
tion of this Code. 

Section 1 (a) Cost Finding. — The Subdivisional committee shall 
cause to be formulated methods of cost finding and accounting capa- 
Me of use by all members of the subdivision, and shall submit such 
methods to the National Recovery Board, full information concern- 
ing such methods shall be made available to all members of the sub- 
division. Thereafter, each member of the subdivision shall utilize 
such methods to the extent found practicable. Nothing herein con- 
tained shall be construed to permit the subdivisional committee, any 

(322) 



323 

agent thereof, or any member of the subcliAnsion to sng^res^t nniform 
additions, percentages or diffe)'entials or other uniform items of cost 
which are designed to bring about arbitrary uniformity of costs or 
prices. 

(b) The principles of accounting and costing as approved and set 
up under this section shall not be used by the subdivisional committee 
or the Basic Code Authority in the Administration of the provisions 
of Article V, Section A of the Basic Code. 

Section 2. Open Price Filing.— {a) Each member of the subdi- 
A'ision shall file with a confidential and disinterested agent of the 
subdivisional committee or. if none, then with such agent desig- 
nated by the National Industrial Recovery Board, identified lists 
of all of his prices, discounts, rebates, allowances, and all other terms 
or conditions of sale, hereinafter in this article referred to as '' price 
terms ", which lists shall completely and accurately 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 subdivision 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 subdivisional committee. Said price terms shall 
in the first instance be filed within twenty (20) days after the date 
of approval of this provision. Price terms and revised price terms 
shall become effective immediately upon receipt thereof by said 
agent. Immediately upon receipt tliereof, said agent shall by tele- 
graph or other equal prompt means notify said member of tlie time 
of such receipt. Such lists and I'evisions together with the effective 
time thereof shall upon receipt be immediately and simultaneously 
distribTited to all members of the subdivision and to all of their cus- 
tomers who have applied therefor and have oft'ered to defray the cost 
actually incurred by the subdivisional committee in the prepara- 
tion and distribution thereof and be available to inspection by any 
of their customers at the office of such agent. Said lists or re- 
visions or -any part tliereof shall not be made available to any per- 
sons until released to all members of the subdivision and their 
customers, as aforesaid; provided, that prices filed in the first in- 
stance shall not be released until the expiration of the aforesaid 
twenty (20) day period after the approval of this Appendix. The 
subdivisional 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 Industrial 
Recovery Board. Upon request the subdivisional committee 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. 

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

(c) No member of the subdivision shall sell or offer to sell any 
products of the subdivision, for which price terms have been filed 
pursuant to the foregoing provisions, except in accordance with 
such price terms. 

(d) No member of the subdivision shall enter into an}' agreement, 
understanding, combination or conspiracy to fix or maintain price 



324 

terms, nor cause or attempt to cause any member of the subdivi- 
sion 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 provision to create. 

Section 3. Inducing Breach of Contract. — Xo member of the sub- 
division shall knowingly attempt to induce the breach of any con- 
tract between a competitor ancl his customer or source of supply; 
nor shall any such member knowingly interfere with or obstruct the 
performance of such contractual duties or services. 

Section 4. Selling oti Consignment. — No member of the subdi- 
vision shall ship goods on consignment except where peculiar cir- 
cumstances in the subdivision require the practice and then only 
under circumstances to be defined by the subdivisional committee 
and approved by the National Industrial Recovery Board. 

Section 5. Freight Alloioances. — No member of the subdivision 
shall sell goods in any manner except F. O. B. factory, except where 
peculiar circumstances in the subdivision require the practice and 
then only under circumstances to be defined by the governing body 
and approved bj^ the National Industrial Recovery Board. 

Section 6. Sale of Samples. — No mem})er of. the subdivision shall 
sell display or salesmen's exhibition samples at a price or terms 
other than those set forth in his price terms. No exceptions to this 
provision shall be allowed except where peculiar circumstances in 
the subdivision require an exception and then only under circum- 
stances 'to be defined by the subdivisional committee and approved 
by the National Industrial Recovery Board. 

Section 7. Terms. — No member of the subdivision shall grant 
terms of jiayment on sales 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 payment in ten (10) days. Provided, however, 
that stock orders placed for fall requirements sold and shipped prior 
to September 1, may carry October 1 dating with terms of two (2%) 
percent, October 10, net thirty (30) days. An anticipatory discount 
of not to exceed one-half of one (i/2%) percent per month may 
be allowed. 

Section 8. Standardization of Products. — (a) The subdivisional 
committee may within six (6) months after the effective date make 
studies for the establishment of classifications, dimensional and qual- 
ity standards for the products of this subdivision in cooperation with 
some Federal Government Agency, preferably the Bureau of Stand- 
ards of the United States Department of Commerce, with a view to 
their recommendation for adoption by this subdivision. Such stand- 
ards when approved by a majority vote of this subdivision and 
approved by the National Industrial Recovery Board shall become 
the standards of this subdivision within ninety (90) days and there- 
after the subdivision shall follow such standards. Failure to follow 
such standards set up by the subdivisional committee, so approved b}' 
the members of the subdivision and approved by the National Indus- 
trial Recovery Board shall be an unfair method of competition and a 
violation of this Appendix. Provided, however, that exceptions from 
such standards may be applied for by a formal 'petition to the sub- 
divisional committee, whose decision must be rendered within sixty 
(60) daj'S after the receipt of such petition and if favorable to the 



325 

petitioner shall become final when such decision is ratified by a 
majority vote of the members of the subdivision and is approved by 
the National Industrial Recovery Board. 

Section 9. Deception of Purchasers hy Simulation of Another's 
products. — No member of the subdivision shall copy or knowingly 
simulate any unique style or design applied to a product of the sub- 
division manufactured by another member thereof where the prob- 
ably and actual effect is that purchasers or prospective purchasers 
will mistake the products of the former for those of the latt«r 
member. 

Section 10. Export Trade. — No provision of this Appendix relat- 
ing to prices or terms of selling, shipping, or marketing, shall apply 
to export trade or sales on shipments for export trade. "Export 
Trade ", as used herein, is defined to mean export trade as it is used 
in the Export Trade Act of 1918. 

Approved Code No. 84 — Appendix No. 3. 
Registry No. 1629-07. 



Approved Code No. 84 — Appendix No. 4 
CODE APPENDIX 

FOR THE 

MINE TOOL MANUFACTURING INDUSTRY 

As Approved on January 4, 1935 



ORDER 

Approving Appendix for the Mine Tool Manufacturing Industry 

a subdivision of the fai5kicateu zmetal 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 
RecoveiT Act, approved June 16, 1933, and in accordance Avith the 
provisions of Section 4 of Article TV 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 Mine Tool 5lanufacturing Sub- 
division of said Industry, and Notice of Opportunity to be Heard 
having been duly publicized, and no objections having been received 
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 author- 
ity vested in it b}" 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 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. 
National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
KiLBOURNE Johnston, 

Actinc/ Division Administrator. 

Washington, D. C, 

January Jf., 1935. 

(327) 



EEPOKT TO THE PRESIDENT 

The President. 

The W/ufe House. 
Sir: This is a report on an Appendix to the Code of Fair Com- 
]jetition for the Fabricated Metal Products Manufacturing and 
Metal Finishing and Metal Coating Industr}^, approved on No- 
vember 2, 1933, and as amended on June 1, 1934. 

OENERAL STATEMENT 

The JNIine Tool Manufacturing Industry, being truly representa- 
tive of this Subdivision of the Fabricated Metal Products Manu- 
facturing 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, with the assistance of additional fair 
trade practice provisions. 

RESUME OF THE APPENDIX 

Paragraph A. Definition, accurately defines the term "Mine Tool 
Manufacturing Subdivision '*. 

Paragraph B. Governing Body, sets up a governing body con- 
sisting of members of the Subdivision and also provides for an 
Administration Member. This governing body is to be known as 
the Subdivisional Committee for the Mine Tool Manufacturing 
Subdivision. 

Paragraph C. Effective Date, prescribes the effective date of the- 
Appendix. 

TRADE PRACTICES 

Section 1 provides for open price filing by the members of the- 
Subdivision. 

Section 2 Minimum Quantity Standards, provides for a Commit- 
tee to make a study for the standardization and simplification of 
the products of the Industry. 

Section 3 makes i't a violation of the Appendix for any member of 
the Industry to ship goods on consignment except under circum- 
stances to be defined by the Subdivisional Committee and approved 
by the National Industrial Recovery Board. 

Section 4, Substitution, makes it a violation of the Appendix for 
any member of the Subdivision to furnish products of the Subdivi- 
sion, more or less expensive, of belier or inferior quality, or of larger 
or smaller size than specified, without making the proper adjust- 
ments in the quoted price and clearly indicating the nature of the 
substitution. 

(328) 



329 

Section 5 makes it a violation of the Appendix for nnj member 
of the .Subdivision to submit a bid or bids for two or more com- 
modities (one or more which is a Mine Tool Product) in which the 
unit price of each commodity is not clearly stated. 

Further, no member of the Subdivision shall accept orders or 
contracts for a sale at a lump sum Avhere the contract does not specify 
the exact quality, quantity and unit price of the product purchased. 

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 : 

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 in- 
dustries, by avoiding undue restriction of production (except as may 
be temporarily^ required), by increasing the consumption of indus- 
trial and agricultural products through increasing purchasing power^ 
by reducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) Said indu>try 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 Appendix to said Code as approved complies in all re- 
spects with the pertinent provisions of said Title of said Act, includ- 
ing without limitation Subsection (a) of Section 3, Subsection (a) of 
Section 7, and Subsection (b) of Section 10 thereof; and that the 
applit'ant 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 designed to and will not 
permit monopolies or monopolistic practices. 

(e) The Appendix to said Code is not designed to and will not 
eliminate or opj^ress small enterprises and Avill not oj^erate 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 
Api:»endix to said Code. 

For these reasons, therefore, this Appendix of said Code has been 
approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
A dviinis tratlve O'fficer. 
January 4, 1935. 



CODE APPENDIX FOR THE MINE TOOL MANUFACTUR- 
ING INDUSTRY 

A SUBDIVISIOX OF THE FABiaCATED METAL PRODUCTS MANUFACTURING 
AND METAL FINISHING AND METAL COATING INDUSTRY 

Pursuant to Section 4 of Article IV of the Code of Fair Compe- 
tition of the Fabricated Metal Products Manufacturing and Metal 
Finishing and Metal Coating Industry, as amended, (the terms of 
which apply to each member of the Mine Tool Subdivision) the 
following provisions are established as an Appendix to said Code 
of Fair Competition of the Fabricated Metal Products Manufac- 
turing and Metal Finishing and Metal Coating Industry for the 
Mine Tool Subdivision of that Industry. 

A. Definition. — The term '' Mine Tool Subdivision " as used 
herein, means and includes the manufacture for sale of mine tool 
products, including coal drilling machines for use by hand power 
and repair parts for such machines; breast augers for hand drilling 
or boring in coal or in clay and repair parts for same; coal mining 
picks; coal wedges; coal mine bars for lifting, prying and breaking 
coal; blasting tools either all steel or with copper tampers and/or 
scrapers; cojjper needles; ])ower augers for electric power drilling 
machines; and mine track tools such as track adzes; spike pull^ers 
for mine track spikes and mine track gages not covered by another 
code of fair competition. 

B. Suhdivisional Committee. — The members of the subdivision 
shall set up a subdivisional committee for the Mine Tool Subdivi- 
sion, hereafter referred to as the " subdivisional committee ", con- 
sisting of as many members as may be determined by and in a man- 
ner satisfactory to the Basic Code Authority and the National In- 
dustrial Recovery Board. The National Industrial Recovery Board 
may appoint a member of the subdivisional committee who shall be 
given reasonable notice of and may sit at all meetings of the sub- 
divisional committee, but who shall be without vote and shall serve 
without expense to the subdivision, 

C. Elective Date. — This Appendix shall become effective ten 
(10) days after its approval by the National Industrial Recovery 

Board. 

TRADE PRACTICES 

Any member of the subdivision who directly or indirectly 
through any officer, employee, agent, or representative violates or 
evades ^ny of the folloAving trade practice provisions shall be guilty 
of violation of this Code. 

Section 1. Open Price Filing. — (a) Each member of the subdi- 
rision shall file with a confidential and disinterested agent of the 

(330) 



331 

«ubdivisional committee or, if none, then with such an agent desig- 
nated by the National Industrial Recovery Board, identified lists of 
all of his prices, discounts, rebates, allowances, and all other terms 
or conditions of sale, hereinafter in this article referred to as " price 
terms ", which lists shall completely and accurately 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 
subdivision 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 subdivisional committee. Said price terms shall in the first 
instance be filed within twenty (20) 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. Immedi- 
ately upon receipt thereof, said agent shall by telegraph or other 
equally prompt means notify said member of the time of such receipt. 
Such lists and revisions, together with the effective time thereof shall 
upon receipt be immediately and simultaneously distributed to all 
members of the subdivision and to all of their customers who have 
applied therefor and have offered to defray the cost actually incurred 
by the subdivisional 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 revisions or any part thereof 
shall not be made available to any persons until released to all mem- 
bers of the subdivision and their customers, as aforesaid ; provided, 
that prices filed in the first instance shall not be released until the 
expiration of the aforesaid twenty (20) day period after the approval 
of this Appendix. The subdivisional 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 Industrial Recovery Board. Upon request the sub- 
divisional committee shall furnish to the National Industrial Recov- 
ery Board or any duly designated agent of the National Industrial 
Recovery Board copies of any such lists or revisions of price terms, 

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

(c) No member of the subdivision shall sell or offer to sell any 
products of the subdivision for which price terms have been filed 
pursuant to the foregoing provisions, except in accordance with 
such price terms. 

(d) No member of the subdivision 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 subdivision 
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 provision to create. 

Section 2. Minimum Quality Standards. — The subdivisional com- 
mittee shall appoint within sixty (60) days after the effective date, 
a committee, consisting of three (3) members who shall make a 
study for the standardization and simplification of products in this 
subdivision, the elimination of unnecessary or infrequently dernanded 
sizes or types of this subdivision's products in cooperation with the 
Bureau of Standards and Bureau of Mines of the United States 

114532—35 17 



332 

Department of Commerce with the view to making recommenda- 
tions for their adoption by the subdivision. 

This committee shall render a report to the siibdivisional com- 
mittee within six (6) months of its appointment and shall attempt 
to complete its study of the foregoing suggestions within a period 
prior to the expiration of the National Industrial Recovery Act. 
Such recommendations of the subdivisional committee, when ap- 
proved by two-thirds vote of the members of the subdivision and 
approved by the National Industrial Recovery Board, shall become 
the standards for such products of the subdivision, and shall become 
effective sixty (60) days after such approval. Thereafter, all mem- 
bers of the subdivision shall follow, in the manufacture of such prod- 
ucts, such standards of manufacture and failure to follow such 
standards set up by the subdivisional committee and so approved by 
the members of the subdivision and the National Industrial Recovery 
Board shall be deemed an unfair method of competition and a viola- 
tion of this Appendix. The National Industrial Recovery Board 
may at the time of approval of said standards, or thereafter, permit 
the manufacture and sale of non-standard products of the subdi- 
vision, if any, subject to such labeling requirements as the National 
Industrial Recovery Board may prescribe. 

Section 3. Selling on Consignment. — No member of the subdi- 
vision shall, from and after the effective date of this Appendix sell 
or offer to sell any products of the subdivision on consignment, except 
under circumstances to be defined by the subdivisional committee 
and approved by the National Industrial Recovery Board where pe- 
culiar circumstances of the subdivision require the practice. 

Section 4. Substitution. — No member of the subdivision shall fur- 
nish products of the subdivision more or less expensive, of better or 
inferior quality, or of larger or smaller size than specified without 
making the proper adjustments in the quoted price and clearly indi- 
cating the nature of the substitution. 

Section 5. Lmnj) Sum Bids and Contracts. — No member of the 
subdivision shall submit a bid or bids for two or more commodities 
(one or more of which is a Mine Tool product) in which the unit 
price of each commodity is not clearly stated. No member of the 
subdivision shall accept orders or contracts for sale at a lump sum 
where the contract does not specify the exact quality, quantity and 
unit price of the product purchased. 

Approved Code No. 84 — Appendix No. 4. 
Registry No. 1149-18. 



SUPPLEMENTS 



Approved Code No. 105 — Supplement No. 9 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

GASKET MANUFACTURING INDUSTRY 

As Approved on December 20, 1934 



ORDER 



Approving Supplementary Code of Fair Competition for the 
Gasket Manufacturing Industry 

a product group of the automotive parts and equipment manu- 
facturing 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- 
mentary Code of Fair Competition for the Gasket Manufacturing 
Industry, a Product Group of the Automotive Parts and Equipment 
Manufacturing Industry, and hearings having been duly held 
thereon and the annexed report on said Supplementary Code, con- 
taining findings with respect thereto, having been made and directed 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, jDursuant 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 Supple- 
mentary Code complies in all respects with the pertinent provisions 
and will promote the policy and purposes of said Title of said Act ; 
and does hereby order that said Supplementary Code of Fair Com- 
petition be and it is hereby approved. 

National Industrial Reco\'ery Board, 
By W. A. Harriman, Achninistrative Officer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

December 20, 1931^. 

(333) 



REPORT TO THE PRESIDENT ' 

The President, 

The White House. 

Sir: This is a report on a Supplementary Code of Fair Competi- 
tion for the Gasket Manufacturing Industry, a Product Group of the 
Automotive Parts and Equipment Manufacturing Industry. A pro- 
posed Code was submitted to the Administrator on April 3, 1934 
by the Code Authority Committee of the Automotive Parts and 
Equipment Manufacturing Industry for the Automotive Gasket 
Institute, representing approximately 90% of the total volume of 
sales and 57% of the number of members of the Industry. 

A Public Hearing on the proposed Code was conducted in Wash- 
ington on June 26, 1934 in accordance with the provisions of the 
National Industrial Recovery Act. It was thereafter revised and 
approved in its present form. This Code is designed primarily to 
put into legal effect certain Fair Trade Practice Rules which long 
have been recognized in the Industry, but which have been without 
binding legal effect. The labor provisions of this Code are those 
of the Basic Automotive Parts and Equipment Code. The purpose 
of the Code is stated in Article I and Article II is devoted to 
definitions. 

An Administrative Committee is established in Article III con- 
sisting of the Executive Committee of the Automotive Gasket Insti- 
tute, but one additional member may be added in the discretion of 
the National Industrial Recovery Board to represent the non- 
members of the Institute who comply with the Code. The Admin- 
istrative Committee will administer the Code under supervision of 
the National Recovery Administration. 

Fair Trade Practices, designed to effect fair competition among 
the members of the Industry, are set forth in Article IV. 

FINDINGS 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said Supplementary 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 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 purpose of cooperative action among the 
trade groups, by inducing and maintaining united action of labor 
and management mider adequate governmental sanction and super- 

(334) 



335 

vision, by eliminating unfair competitive practices, by promoting 
the fullest possible utilization of the present productive capacity of 
industries, by avoiding undue restrictions of production, (except 
as may be temporarily required), by increasing the consumption of 
industrial and agricultural products through increasing purchasing 
power, by reducing and relieving unemployment, by improving 
standards of labor, and by otherwise rehabilitating industry. 

(b) Said Product Group normally employs not more than 50,000 
employees ; and is not classified by the National Industrial Recovery 
Board 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, 
including without limitation Subsection (a) of Section 3, Subsection 
(a) of Section 7 and Subsection (b) of Section 10 thereof; and that 
the applicant Product Group is an industrial Group truly repre- 
sentative of the aforesaid Industry; and that said Product Group 
imposes no inequitable restrictions on admission to membership 
therein. 

(d) The Supplementary Code is not designed to and will not per- 
mit monopolies or monopolistic practices. 

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

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

For these reasons, therefore, the National Industrial Recovery 
Board has approved this Supplementary Code. 
For the National Industrial Recovery Board : 

"W. A. Harriman, 
Administrative Officer. 
December 20, 1934. 



SUPPLEMENTAEY CODE OF FAIR COMPETITION FOR 
THE GASKET MANUFACTURING INDUSTRY 

A PRODUCT GROUP OF THE AUTOMOTIVE PARTS AND EQUIPMENT 
MANUFACTURING INDUSTRY 

Article I — Purpose 

Pursuant to the provisions of Article II of the Code of Fair Com- 
petition for the Automotive Parts and Equipment Manufacturing 
Industry, duly approved by the President on November 8, 1933, the 
following provisions covering fair trade practices and the adminis- 
tration thereof are hereby established as the standards of Fair Com- 
petition for the Gasket Manufacturing Industry, which has been 
organized into an administrative unit as a Product Group of the 
Automotive Parts and Equipment Manufacturing Industry, and 
shall be binding upon every member of said Product Group. 

Article II — Definitions 

The term " Product Group " as used herein is defined to mean 
production and/or manufacture of gaskets used in the manufacture 
of and in replacement in automobiles, trucks, busses, tractors, in- 
ternal combustion engines, and such other allied products as are 
natural aiSliates, including industrial and marine engines; except- 
ing, however, the production and/or manufacture of such articles 
when produced or manufactured by a manufacturer for use exclu 
sively in his own finished product, and provided always that this 
definition shall not include any products hereinabove described or 
parts thereof or therefor not designed for and used mainly as auto- 
motive original equipment, replacement parts and/or accessories and 
which are included within the scope of the definition of any other 
industry as defined in any approved Code of Fair Competition. 

The term " Member " or " Member of the Product Group " as 
used herein includes, but without limitation, any individual, partner- 
ship, association, corporation, or other form of enterprise engaged 
in the production and/or manufacture and/or the sale as a manufac- 
turer of the products of the Product Group, (hereinafter termed 
" Products ") either as an employer or on his or its own behalf. 

The term " Institute " as used herein is defined to mean the Auto- 
motive Gasket Institute, a trade association at present having its 
headquarters' office in Detroit, Michigan. 

The term " Original Equipment Business " as used herein is de- 
fined to mean the manufacture and/or sale of gaskets by members 
to the manufacturers of automobiles, trucks, busses, tractors, internal 
combustion engines and such other allied products as are natural 
aflSliates including industrial and marine engines, regardless of 
whether used by the purchaser for original installation or sold by the 
purchaser for replacement in products of his own manufacture. 

(336) 



337 

The term " Replacement Business " as used herein is defined to 
mean the manufacture and/or sale by members of replacement gaskets 
except as provided in the above definition of " Original Equipment 
Business." 

The term " Basic Code " as used herein is defined to mean the Code 
of Fair Competition for the Automotive Parts and Equipment 
Manufacturing Industry, as approved by the President on Novem- 
ber 8, 1933, and as amended. 

The term " Code Authority " as used herein is defined to mean the 
Code Authority designated in the Code of Fair Competition for Au- 
tomotive Parts and Equipment Manufacturing Industry. 

Article III — Administration 

(1) (a) The Executive Committee of the Institute is hereby desig- 
nated the Administrative Committee to assist the Code Authority 
and the National Industrial Recovery Board in the administration 
of the fair trade practice provisions hereinafter set forth and the 
provisions of the Basic Code, to which these fair trade practices are 
a supplement. One additional member may, in the discretion of the 
National Industrial Recovery Board, be added to represent the non- 
members of the Institute who comply with this supplementary Code, 
such additional member to be selected by such non-members of the 
Institute by a fair method approved by the National Industrial 
Recovery Board. 

(b) In addition to the membership as above provided, there may 
be one additional member, without vote, to be appointed by the Na- 
tional Industrial Recovery Board, to serve without expense to the 
Product Group for such term as the National Industrial Recovery 
Board may specify. 

(2) (a) It being found necessaiy, in order to support the admin- 
istration of this Supplementary Code and to maintain the standards 
of fair competition established hereunder and to effectuate the policy 
of the Act, the Administrative Committee is authorized : 

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

(2) To submit to the 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 Product Group ; 

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

(b) Each member of the Product Group shall pay his or its 
equitable contribution to the expenses of the maintenance of the 
Administrative Committee, determined as hereinabove provided, and 
subject to rules and regulations pertaining thereto issued by the Na- 
tional Industrial Recovery Board. Only members of the Product 



338 

Group complying with this Supplementary 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 Administrative Com- 
mittee 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 Administrative Committee shall neither incur nor pay any 
obligation substantially in excess of the amount thereof as estimated 
in its approved budget, and shall in no event exceed the total amount 
contained in the 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. 

(3) (a) The Administrative Committee shall, subject to the ap- 
proval of the Code Authority and the National Industrial Recovery 
Board, have the power to adopt by-laws and rules and regulations for 
its procedure and to obtain from members, directly or through an 
impartial agency, such information and reports as are required for 
the administration and enforcement of this Supplementary Code ; to 
cooperate with the National Industrial Recovery Board under such 
rules and regulations as may be prescribed by it in regulating the 
use of any N. R. A. insignia, and in hearing and adjusting com- 
plaints ; to initiate, consider and recommend to the Code Authority 
for transmittal to the National Industrial Recovery Board further 
fair trade practice provisions to govern the members of this Product 
Group. 

(b) If the National Industrial Recovery Board shall determine 
that any action of the Code Authority and/or the Administrative 
Committee or any agency thereof may be unfair or unjust or con- 
trary to the public interest, the National Industrial Recovery Board 
may require that such action be suspended to afford an opportunity 
for investigation of the merits of such action and further considera- 
tion by such Code Authority and/or the Administrative Committee 
or agency pending final action which shall not be effective unless the 
National Industrial Recovery Board approves or unless it shall fail 
to disapprove after 30 days' notice to it of intention to proceed with 
such action in its original or modified form. 

(c) Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Administrative Com- 
mittee 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 informa- 
tion as to membership, organization, and activities as the National 
Industrial Recovery Board may deem necessary to effectuate the 
purposes of the Act. 

(d) In order that the Administrative Committee shall at all times 
be truly representative of the Product Group, and in other respects 
comply with the provisions of the Act, the National Industrial 
Recovery Board ma}^ prescribe such hearings as it may deem proper ; 
and, thereafter, if it shall find that the Administrative Cominittee is 
not truly representative, or does not in other respects comply with 



339 

the provisions of the Act, may require an appropriate modification 
in the method of selection of the Administrative Committee. 

(4) All members of this Product Group shall be bound by the 
provisions of the Basic Code. For this purpose, all provisions, in- 
cluding specifically the wage, hour and labor provisions, of the Basic 
Code are hereby declared to be a part of this Supplementarj' Code. 
In case of any conflict between the provisions of this Supplementary 
Code and the provisions of the Basic Code, the provisions of the 
latter shall govern. As required by Section 7 (a) of Title I of the 
National Industrial Recovery Act, it is hereby provided : 

(1) 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 protection; (2) that 
no employee and no one seeking employment shall be required as a 
condition of employment to join any company union or to refrain 
from joining, organizing, or assisting a labor organization of his own 
choosing; and (3) 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. 

(5) The Administrative Committee shall cause to be formulated 
methods of cost finding and accounting capable of use by all members 
of the Product Group, and shall submit such methods to the National 
Industrial Recovery Board for review. If approved by the National 
Industrial Recovery Board, full information concerning such 
methods shall be made available to all members of the Product 
Group. Thereafter, each member of the Product Group shall utilize 
such methods to the extent found practicable. Nothing herein con- 
tained shall be construed to permit the Administrative Committee, 
any agent thereof, or any member of the Product Group 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. 

(6) The Administrative Committee shall be empowered to obtain 
from members of the industry such information and reports as are re- 
quired 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 obliga- 
tions to furnish reports to any Government agency. No individual 
report shall be disclosed tt> 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. 

Article IV — Trade Practices 

In addition to the provisions of Section C of Article VI of the 
Basic Code, the following described acts shall constitute unfair prac- 
tices and acts of unfair competition : 



340 

(1) Costs and price cutting. — (a) Wilfully destructive price cut- 
ting is an unfair method of competition and is forbidden. Any 
member of the Product Group or of any other industry or the cus- 
tomers of either may at any time complain to the Administrative 
Committee than any filed and/or offered price constitutes unfair 
competition as destructive price cutting, imperiling small enterprises 
or tending toward monopoly or the impairment of code wages and 
working conditions. The Administrative Committee shall within 5 
days afford an opportunity to the member filing and/or offering the 
price to answer such complaint and shall within 14 days make a 
ruling or adjustment thereon. If such ruling is not concurred in by 
either party to the complaint, all papers shall be referred to the 
Research and Planning Division of NRA which shall render a report 
and recommendation thereon to the National Industrial Recovery 
Board. 

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

(c) When an emergency exists as to any given product sale below 
the stated minimum price of such product, in violation of the pro- 
visions of paragraphs (d) and (e) hereof, is forbidden. 

(d) If the National Industrial Recovery Board, after investiga- 
tion shall at any time find both (1) that an emergency has arisen 
within the Product Group adversely affecting small enterprises or 
wages or labor conditions, or tending toward monopoly or other 
acute conditions which tend to defeat the purposes of the Act; and 
(2) that the determination of the stated minimum price for a speci- 
fied product of the Product Group for a limited period is necessary 
to mitigate the conditions constituting such emergency and to 
effectuate the purposes of the Act, the Administrative Committee 
may cause an impartial agency to investigate costs and to recom- 
mend to the National Industrial Recovery Board a determination 
of the stated minimum price of the product affected by the emer- 
gency and thereupon the National Industrial Recovery Board may 
j)roceed to determine such stated minimum price. 

(e) 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, it shall publish such price. 
Thereafter, during such stated period, no member of the Product 
Group shall sell such specified products at a net realized price be- 
low said stated minimum price and any such sale shall be deemed 
destructive price cutting. From time to time, the Administrative 
Committee may recommend review or reconsideration or the Na- 
tional Industrial Recovery Board may cause any determination 
hereunder to be reviewed or reconsidered and appropriate action 
taken. 

(2) Inducing Breach of Contract. — Wilfully and maliciously in- 
ducing or attempting to induce the breach of existing contracts be- 
tween competitors and their customers by any means or device what- 



341 

soever or interfering with or obstructing the performance of any 
such contractual obligations or service, with the purpose and effect 
of hampering, injuring, or embarrassing competitors. 

(3) (J omniercial Bnhery. — To give, permit to be given, or directly 
offer to give, anything of value for the purpose of influencing or 
rewarding the action of any employee, agent, or representative of 
another in relation to the business of the employer of such employee, 
the principal of such agent or the represented party, without the 
knowledge of such employer, principal or part3^ Commercial brib- 
ery provisions shall not be construed to prohibit free and general 
distribution of articles commonly used for advertising except so 
far as such articles are actually used for commercial bribery as 
hereinabove defined. 

(4) Branding. — To brand falsely or fail to brand with member's 
name, trade-mark, and/or number, group products sold in the 
original equipment or replacement business except that failure to 
brand shall not apply to non-metallic packing and/or gaskets, or 
gaskets the nature or small size of which makes branding mechani- 
cally impossible or unduly costly. 

(5) Imitation of Trade-Marks. — To imitate or copy a competitor's 
trade-mark, marking or trade name, with the purpose or effect of 
misleading or deceiving any purchaser or prospective purchaser. 

(6) Inaccurate Advertising. — To publish advertising (whether 
printed, radio, display, or of any other nature), which is misleading 
or inaccurate in any material particular, or in any material way to 
misrepresent any product, including but without limitation its use, 
trade-mark, grade, quality, quantity, origin, size, substance, charac- 
ter, nature, finish, material content, or preparation) or credit terms, 
values, policies, services, or the nature or form of the business 
conducted. 

(7) Substitution. — To furnish articles more or less expensive, 
of better or inferior quality, or of larger or smaller size, than 
specified, without clearl}'^ indicating the nature of the substitution. 

(8) Description of Product. — To make any sale or contract of 
sale of any product under any description which does not fully 
describe such product in terms customarily used in the industry. 

(9) Price Guaranty. — To sell or offer to sell to a purchaser or 
prospective purchaser Group Products under any form of guaranty 
against advance or decline in price of said product except as pro- 
vided in Article IV, Paragraph (10), "Contracts for Future 
Delivery." 

(10) Contracts for Future Delivery. — In the original equipment 
business to make contracts or accept orders for a period of delivery 
longer than six months. 

(11) Defective Matendl. — To allow credit for any defective arti- 
cle until the fact of such defect shall have been established by an 
authorized representative of the selling member and the article 
shall have been destroyed or returned to such member; or to allow 
credit for charges for labor or consequential damage in connection 
with defective material. 

(12) Retwmed Merchandise. — (a) To accept or give credit for 
returned merchandise not in salable condition. 

(b) To accept or give credit for returned merchandise in good 
condition at a price greater than the purchase price less a fair and 



342 

reasonable rehandling charge plus a reasonable charge for obsoles- 
cence wliich charges shall be individually filed with the Administra- 
tive Committee. In every case the purchaser shall pay the return 
transportation charges. The foregoing shall not apply to merchan- 
dise shipped through error, defective material, or certain specified 
items that a member may ask all of his customers to return. 

(13) Replacing Couvpetitor's Stock. — To agree to liquidate, pur- 
chase, or accept another member's products from any buyer. 

(14) Catalog Expense. — To pay for space in a catalog issued by 
a customer or to supply at less than cost of paper and printing, 
quantities of catalog sheets and/or price lists intended for binding 
in a customer's catalog or for distribution in quantity to customer's 
trade. The foregoing does not preclude supplying, without charge, 
a reasonable quantity of catalog sheets and/or price lists for sales- 
men's binders, counter use, or office reference. 

(15) Advertising Allowances. — To purchase space or contribute 
to the advertising of a customer in newspapers, magazines, programs, 
the customer's own house organ, or other publications unless such 
purchase of space or contribution is a part of a general advertising 
program adopted by the member and is available to all of his 
customers. 

(16) Display E qui ptnent. — To supply to a customer store equip- 
ment such as large cabinets, display boards, racks and shelving or 
parts thereof, other than racks for sheet packing, except in accord- 
ance with the provisions of Section (20) hereof. 

(17) Consignments. — To place group products on consignment or 
under the " Floating Credit " or " Ledger Balance " plan. 

(18) Warehousing. — To fail to comply with the following pro- 
visions covering sales from warehouses in the replacement business. 

(a) Members shall not sell from warehouses to customers who 
do not carry a representative stock of the member's products. 

(b) Members shall not carry a warehouse stock with any cus- 
tomer or in premises owned or controlled in whole or in part by any 
customer provided that nothing herein shall prohibit the warehous- 
ing of stocks in any established public warehouse whether or not a 
customer has an interest therein. 

(c) Members shall totally own warehouse stocks which must not 
in any sense be consigned. 

(d) Members operating warehouses shall conduct their own sales 
through their o\n\ representatives, do their own billing and make 
their own collections. 

(19) Classification of Customers. — The Code Authority shall 
cause to be formulated and keep current a classification of all types of 
customers of the industry. Such classification shall be subject to the 
disapproval of the National Industrial Recovery Board and shall 
contain: (a) A complete list of all of the classes of customei-s of 
the industry, including a class to cover every laiown type of cus- 
tomer; and (b) definitions or descriptions of the several classes in 
terms of functions performed, or in other appropriate terms such 
as purchasers of defined quantities. 

After submission to the National Industrial Recovery Board, if 
there is no disapproval or request for suspension of action within 
twenty (20) days, full information concerning the classification 
shall be made available to all members of the industry. No one 



343 

shall by intimidation, coercion, or other undue influence cause or 
attempt to cause the inclusion of any customers in or the exclusion 
of any customer from any class of customers, or the exclusion of any 
class of customers from the classification, or the use of uniform 
or stipulated prices, discount, or differentials and each member of 
the industry may at all times classify his own customers in accord- 
ance with his own judgment. 

(20) Ofen Price Filing — Replacement Business. — (a) Each mem- 
ber of the Product Group shall file with a confidential and disinter- 
ested agent of the Administrative Committee or, if none, then with 
such an agent designated by the National Industrial Kecovery 
Board, identified lists of all of his prices, discounts, rebates, allow- 
ances, and all other terms or conditions of sale for Replacement 
Business as herein defined, hereinafter in this Section (20) referred 
to as " price terms ", which lists shall completely and accurately con- 
form to and represent the individual pricing practices of said mem- 
ber. Such lists shall contain the price terms for all such standard 
products of the Product Group 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 Administrative Committee. Said price terms 
shall in the first instance be filed within 15 days after the date of 
approval of this provision. Price terms and revised price terms 
shall become effective immediately upon receipt thereof by said agent. 
Immediately upon receipt thereof, said agent shall by telegraph or 
other equally prompt means notify said member of the time of such 
receipt. Such lists and revisions, together with the effective time 
thereof, shall upon receipt be immediately and simultaneously dis- 
tributed to all members engaged in Replacement Business and to all 
of their customers who have applied therefor and have offered to 
defray the cost actually incurred by the Administrative Committee 
in the preparation and distribution thereof and be available for in- 
spection 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 engaged in Replacement 
Business and their customers, as aforesaid; provided, that prices 
filed in the first instance shall not be released until the expiration of 
the aforesaid 15 day period after the approval of this Supplementary 
Code. The Administrative Committee shall maintain a permanent 
file of all price terms as herein provided, and shall not destroy 
any part of such records except upon written consent of the National 
Industrial Recover}^ Board. Upon request the Administrative Com- 
mittee shall furnisli 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. 

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

(c) No member of the Product Group shall sell or offer to sell any 
products of the Product Group for which price terms have been 
filed pursuant to the provisions of this Section (20) , except in accord- 
ance with such price terms. 

(d) No member of the Product Group shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 



344 

price terms nor cause or attempt to cause any member of the Product 
Group 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 Section (20) to 
create. 

(21) Terms of Payment. — In the replacement business to extend a 
cash discount more favorable than 2% 10th proximo. 

(22) Exfort Business. — Except as may be subsequently set forth 
in an export provision supplementary to the Basic Code of the Auto- 
motive Parts and Equipment Manufacturing Industry or to this 
Supplementary Code, the Provisions of this Supplementary Code 
with regard to prices, discounts, allowances and terms are not to 
apply to direct export sales or to articles in the course of export, 
i. e., sales destined ultimately for export. " Export Trade " shall 
be as defined in the Export Trade Act adopted April 10, 1918. 

Article V — General 

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

(2) Such of the provisions of this Supplementary Code as are not 
required to be included herein by the Act may, with the approval of 
the National Industrial Recovery Board, be modified or eliminated 
on the proposal by the Product Group or any member thereof if it 
appear that the public needs are not being served thereby and as 
changes in circumstances or experience may indicate. 

(3) It is contemplated that from time to time supplementary 
provisions to this Supplementary Code or modifications thereof will,, 
after approval by the Product Group, be submitted by the Adminis- 
trative Committee through the Code Authority for their approval 
to prevent unfair competition in price and other unfair and destruc- 
tive competitive practices and to effectuate the purposes of the Act. 
Upon approval by the National Industrial Recovery Board after such 
notice and hearing as it may prescribe, such supplementary provisions 
or modifications shall become binding as a part of this Supple- 
mentary Code. 

(4) As required by Section 10 (b) of Title I of the Act, this Sup- 
plementary Code and all of the provisions thereof are expressly 
made subject to the right of the President from time to time to 
cancel or modify any order, approval, license, rule, or regulation 
issued under said Act. 

(5) By assenting to this Supplementary Code no member of this- 
Product Group shall be held to have waived any of his constitutional 
rights. 

(6) Violation by any member of this Product Group of any pro- 
vision of this Supplementary Code is an act of unfair competition, 
and the offender shall be subject to the penalties imposed by the 
Act. 

(7) The "Effective Date" of this Supplementary Code shall be 
the 10th day after it shall have been approved. 

Approved Code No. 105— Supplement No. 9. 
Registry No. 1404-54. 



Approved Code No. 244 — Supplement No. 19 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

CONSTRUCTION NEWS SERVICE INDUSTRY 
As Approved on December 20, 1934 



ORDER 



Supplementary Code or Fair Competition for the Construction 
News Service Industry 

A division of the construction industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, and pursuant to and in full 
compliance with the provisions of Section 5 of Article VIII of Chap- 
ter I of the Code of Fair Competition for the Construction Industry, 
approved January 31, 1934, for approval of Chapter XXIII of said 
Code, which Chapter XXIII is applicable to the Construction News 
Service Division of the Construction Industry, and hearings having 
been held thereon and the annexed report on said Code, containing 
findings with respect thereto, having been made and directed to the 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 bj^ reference said annexed report and does 
find that said Chapter complies in all respects with the pertinent 
provisions and will promote the policy and purposes of said Title of 
said Act; and does hereby order that said Chapter XXIII be and it is 
hereby approved and that the previous approval of said Code of 
Fair Competition for the Construction Industry is hereby modified 
to include an approval of said Code in its entirety as supplemented 
by said Chapter XXIII : 

PROVIDED, HOWEVER, that with reference to the Wages and 
General Labor provisions of Article II of Chapter XXIII, the ap- 
proval herein given is on condition that the National Industrial 
Recovery Board may examine or reconsider the provisions of said 
Article at any time within a period of one hundred and eighty (180) 

114532—35 18 (345) 



346 

days from the effective date of this Chapter, to determine their effect 
upon the employees and the general condition of the Industry. 

National Industrial Recovery Board, 
By W. A. Harriman, Ad^ninistrative Officer. 

Approval recommended : 
Walter G. Hooke, 

Acting Division Adtninistrator. 

Washington, D. C, 

December 20, 1934 



KEPOKT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: This is a report on Chapter XXIII, the Construction News 
Service Chapter of tlie Code of Fair Competition for the Construc- 
tion Industry, which was approved by you on January 31, 1934, and 
which is described as Chapter I. 

This Chapter is a revision after public hearings conducted in 
Washington on May 8, 1934, in accordance with the provisions of the 
National Industrial Recovery Act. This Chapter amplifies Chapter I 
but applies specifically to the Construction News Service Division 
of the Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

The hours set forth in Chapter I of the Construction Code as 
approved by you on January 31, 1934, are applicable to this Code. 
The proposed minimum wages of Chapter XXIII, although slightly 
lower than the wage provisions of Chapter I, the Code of Fair Com- 
petition for the Construction Industry, will, according to the statis- 
tical analysis of the Division of Research and Planning, increase the 
weekly earnings of 105 out of 573 employees, or slightly over 18% of 
the total number of employees in this industry. 

ECONOMIC EFFECT OF THE CODE 

According to the statistical analysis of the Division of Research 
and Planning, the proponents of the code estimated that there were 
in 1929 ten establishments engaged in this industry, with an estimated 
capital investment of about $866,000. For the year 1933 it has been 
estimated that there were eighteen firms engaged in the industry with 
a capital investment approximately the same as in 1929. The esti- 
mated business volume for this year was $2,679,000. 

Although this industry is small it is reasonable to predict that the 
establishment of uniform rates of pay, uniform hours of work, im- 
proved conditions of employment and the prohibition of unfair trade 
practices will be beneficial to both the employers and employees of 
the industry. 

FINDINGS 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said Supplementary Code for the 
Construction News Service Division of the Construction Industry, 
having found as herein set forth and on the basis of all the pro- 
ceedings in this matter ; 

(347) 



348 

The National Industrial Recovery Board finds that : 

(a) Said Construction News Service Chapter and said Code of 
Fair Competition for the Construction Industry, as supplemented by 
said Construction News Service Chapter, are well designed to pro- 
mote 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 
)rganization of industry for the purposes of cooperative action among 
the trade groups, by inducing and maintaining united action of labor 
and management under adequate governmental sanctions and super- 
vision, by eliminating unfair competitive practices, by promoting the 
fullest possible utilization of the present productive capacity of in- 
dustries, by avoiding undue restriction of production (except as may 
be temporarily required), by increasing the consumption of industrial 
and agricultural products through increasing purchasing power, by 
reducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

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

(c) Said Construction News Service Chapter and the Code of Fair 
Competition for the Construction Industry, as supplemented by said 
Construction News Service Chapter, as approved comply in all re- 
spects with the pertinent provisions of said Title of said Act, includ- 
ing without limitation Subsection (a) of Section 3, Subsection (a) 
of Section 7, and Subsection (b) of Section 10 thereof; and that the 
applicant association is an industrial association truly representative 
of the aforesaid Industry; and that said Association imposes no 
inequitable restrictions on admission to membership therein. 

(d) Said Construction News Service Chapter and the Code of Fair 
Competition for the Construction Industry, as supplemented by said 
Construction News Service Chapter are not designed to and will 
not permit monopolies or monopolistic practices. 

(e) Said Construction News Service Chapter and the Code of Fair 
Competition for the Construction Industry, as supplemented by the 
said Construction News Service Chapter, are not designed to and 
will not eliminate or oppress small enterprises and will not operate 
to discriminate against them. 

(f) Those engaged in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
Construction News Service Chapter and of said Code, as supple- 
mented by this Construction News Service Chapter thereof. 

For these reasons, therefore, the National Industrial Recovery 
Board has approved said Construction News Service Chapter of the 
Code of Fair Competition of the Construction Industry. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
December 20, 1934. 



Chapter XXIII 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE CONSTRUCTION NEWS SERVICE DIVISION OF 
THE CONSTRUCTION INDUSTRY 

Article I — ^Definitions 

Section 1. The term " Construction News Service Division of the 
Construction Industry " or " this Division ", as used herein, means 
tlie rendering of construction project news service in individual slip 
or bulletin form at regular intervals not less frequently than once a 
week and the selling of such news service only under contract provid- 
ing for exclusive use in the interests of each individual subscriber, 
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 this Division " shall be defined 
to mean without limitation any individual, partnership, association 
or corporation or other form of enterprise which actually renders 
construction project news in individual slip or bulletin form at 
regular intervals not less frequently than once a week and sells 
such news service only under contract restricting the use of all news 
included in such service to the exclusive interests of each individual 
subscriber. 

Sec. 3. The term " Association " as used herein is defined to mean 
" the Construction News Service Association." 

Article II ^ — Hours, Wages, and General Labor Pro^t:sions 

A. Section 1. Maximum Hours. — No employee shall be permitted 
to work in excess of eight (8) hours in any day or forty (40) hours 
in any week, within this Division with the following exemptions : 

(a) Executives and supervisors earning regularly thirty-five 
($35.00) dollars per week or more. Supervisors shall be those in a 
supervisory capacity, performing no manual work. 

(b) Outside salesmen and outside reporters. 

(c) There shall be no limitation of hours per day for employees 
engaged in the production, commercial duplication and mailing of 
news reports to subscribers, providing however, they shall not be 
permitted to work more than forty (40) hours in any week. 

B. Section 1. Minimum Wages. — For the purposes of this sec- 
tion the personnel of this division shall be divided into groups as 
follows : 

Group A. Accounting, and general office employees ; 
Group B. Outside travelling reporters and outside salesmen; and 
Group C. Employees engaged in the production, commercial dupli- 
cation and mailing of news reports to subscribers. 



' See paragraph 3 of order approving this Code. 

(349) 



350 

Section 2. Minimum, Wage Per Week, 



Group 


Cities over 
500,000 


Cities of 

500,000 or 

less 


AandB.. 


$15.00 
13.00 


$14. 00 


C 


13.00 







Section 3. Wages to all employees for part time shall be computed 
and paid at proportional rates for the time actually employed. 

C. General. Section 1. No employee now employed at a wage rate 
in excess of the minimum shall be discharged, and reemployed at a 
lower wage rate for the purpose of evading the provisions of this 
Code. 

Section 2. The minimum rates of pay applicable to employees 
within this Division shall be maintained regardless of whether the 
employee is compensated on the basis of a time rate, piecework or 
other basis. 

Section 3. Each member of this Division shall provide for the 
safety and health of employees at the place and during the hours of 
their employment. Standards for safety and health shall be sub- 
mitted by the Divisional Code Authority to the National Industrial 
Recovery Board within six (6) months after the effective date of 
this Chapter. After approval, such standards shall become the mini- 
mum standards of safety and health for all members of this Division. 

Section 4. All employers shall post and keep posted, copies of 
Chapter I and this Chapter of this Code in conspicuous places ac- 
cessible to all employees. Every member of the industry shall com- 
ply with all rules and regulations relative to the posting of provi- 
sions of Codes of Fair Competition which may from time to time 
be prescribed by the National Industrial Recovery Board. 

Section 5. All members of this Division shall make payment of 
all wages due in lawful currency of the United States or by nego- 
tiable check therefor, payable on demand at par. If wages are paid 
by check, the employer shall provide reasonably accessible facilities 
for ca.shing such checks at face value without expense to the em- 
ployee. Employers shall also provide such identification as is nec- 
essary to utilize such facilities. 

Wages shall be paid at least semi-monthly. Wages shall be ex- 
empt from any payment or deduction for pensions, insurance or sick 
benefits except such as are voluntarily paid, required by law, or 
authorized to be deducted by employees. Employers or their ag'ents 
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. 

Section 6. Employers shall not reduce the rates of wages for em- 
ployees whose rates are now in excess of the minimum rate herein 
provided (notwithstanding that the number of hours worked in 
such employment may hereby be decreased) and where in any case 
an employer has not increased the rates of wages of such employees 
prior to the effective date of this Code by an equitable readjustment 
of all wage rates, such employer shall readjust all such wage rates. 



351 

Section 7. Female employees performing substantially the same 
work as male employees shall receive the same rate of pay as male 
employees. 

Section 8. Handicapped persons. — A person whose earning capa- 
city is limited because of age or physical or mental handicap or 
other infirmity may be employed on light work at a wage below 
the minimum established by this Code if the employer obtains from 
the State authority designated by the United States Department of 
Labor a certificate authorizing his employment at such wages and 
for such hours as shall be stated in the certificate. Each employer 
shall file monthly with the Code Authority a list of all such persons 
employed by him, showing the wages paid to, and the maximum 
hours of work for such employee. 

Section 9. No employer shall dismiss or demote any employee 
for making a complaint or giving evidence with respect to an 
alleged violation of the provisions of this Code. 

Section 10. Members of this Division who personally perform 
labor or are engaged in operations subject to the provisions in para- 
graph (A), Section I, of Article II of this Code shall not exceed, 
while so working as employees, the maximum of hours prescribed 
therein for employees. 

Section 11. In no case shall a member of this Division avoid or 
evade the labor provisions of this Code by contracting any part 
of his work to any person or persons subject to labor provisions less 
stringent than those provided in this Code. 

Article III 

Section 1. A Divisional Code Authority is hereby constituted to 
administer this Code within this Division. The Divisional Code 
Authority shall consist of six members, or such other number as may 
from time to time be approved by the National Industrial Kecovery 
Board. Five of these members shall be the five Directors of the 
Association. The other member shall be selected by the National 
Industrial Recovery Board from and to represent the non-members 
of the Association who are members of the Division. Members of 
the Divisional Code Authority shall be elected for terms of one 
year and annually thereafter and shall have one vote, and shall 
hold office until their successors are elected and qualified. 

Section 2. Subject to such rules and regulations as may be issued 
by the National Industrial Recovery Board, the Divisional Code Au- 
thority shall have the power and duties conferred upon it by Sub- 
division B of Article IV of Chapter I of this Code and also shall 
have the following powers and duties : 

(a) to provide for the execution of the provisions of this Code 
and provide for the compliance of the Industry with the provisions 
of the Act ; 

(b) to cooperate with the National Industrial Recovery Board in 
regulating the use of any N. R. A. insignia solely by those members 
of this Division who are complying with this Code ; 

(c) to make recommendations to the National Industrial Recovery 
Board for the coordination of the Administration of this Code with 
such other codes, if any, as may be related to or affect members of 
this Division ; 



352 

(d) to appoint a Trade Practice Committee which shall meet with 
the Trade Practice Committees appointed under such other codes as 
may be related to this Division for the purpose of formulating fair 
trade practices to govern the relationships between employers under 
this Code and under such other codes to the end that such fair trade 
practices may be proposed to the National Industrial Recovery Board 
as amendments to this Code and such other codes ; 

(e) in compliance with the provisions of Section 1 of Subdivision 
A of Article IV of Chapter I, to select one individual from this 
Division as a member of the Construction Code Authority. Such 
member shall be elected for a term of one (1) year or until his 
successor shall have been elected and qualified. The election shall be 
held annually upon proper notice to every member of the Divisional 
Code Authority, and each of such members shall be entitled to one 
vote. In order for any candidate to be elected, five (5) of the six 

(6) members of the Divisional Code Authority shall have voted for 
his election. 

(f ) 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. 

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

Section 3. 1. It being found necessary in order to support the 
administration of this code and to maintain the standards of fair 
competition established heremider and to effectuate the policy of the 
Act, the Divisional Code Authority is authorized : 

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

(b) To submit to the 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 sujDport such budget shall be contrib- 
uted by members of this mdustry ; 

(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 
this Division, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

2. Each member of this Division shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the National Industrial Re- 
covery Board. Only members of this Division complying with the 
Code and contributing to the expenses of its administration as here- 
inabove provided, unless duly exempted from making such contribu- 



353 

tions, shall be entitled to participate in the selection of members of 
the Divisional Code Authority or to receive the benefits of any of its 
voluntary activities or to make use of any emblem or insignia of the 
National Recovery Administration. 

3. The Divisional Code Authority shall neither incur nor pay any 
obligation substantially in excess oi' 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. 

Section 4. The Administration members, the Construction Code 
Authority and the National Industrial Recovery Board shall be 
given at least five (5) days' notice of, and may sit at, all m.eetings 
of the Divisional Code Authority. 

Article IV — Fair Trade Practice Regulations 

Section 1. The following provisions are adopted as rules of fair 
trade practice for members of this Division, and any violation of 
these rules shall constitute an unfair method of competition and a 
violation of this Code as it applies to this Division. 

Rule 1. No member of this Division shall intentionally mislead 
or deceive customers with respect to the service to be rendered or 
with respect, to the news gathering facilities of the member of this 
Division rendering the service nor shall any member of this Divi- 
sion profess or claim to be in any manner an organ or agency of any 
Code Authority unless expressly authorized to do so. 

Rule 2. No member of this Division shall use another member's 
service to obtain information in connection with the preparation 
and furnishing by the said first member of its service to its sub- 
scribers, unless an interchange of news is mutually agreed upon and 
consented to by the members participating therein. 

Rule 3. No member of this Division shall defame competitors by 
falsely imputing to them dishonorable conduct, inability to perform 
contracts, questionable credit standing, or by other false statements 
or representations, or by false disparagement of the grade or quality 
of their product with the purpose of misleading or deceiving pur- 
chasers or of injuriously affecting the business of such competitors. 

Rule 4. No member of this Division 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. No member of this Division shall give, permit to be given, 
or offer to give, anything of value for the purpose of influencing or 
rewarding the action of any employee, agent, or representative of 
another in relation to the business of the employer of such employee, 
the principal of such agent or the represented party, without the 
knowledge of such employer, 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. 



354 
Article V — Reference to Provisions of Chapter I 

The provisions of Section 7 (a) and 10 (b) of the Act, which are 
set forth in Sections 1 and 6 respectively of Article VIII of Chapter 
I of this Code are specifically incorporated herein by reference with 
the same force and effect as if set forth herein in full; all other 
provisions of Chapter I of this Code, including any amendments 
thereto, except as herein provided, apply within this Division with 
the same force and effect as if set forth herein in full. 

Article VI — Review of Action of Code Authorities 

If the National Industrial Recovery Board shall determine that 
any action of the Divisional Code Authority or any agency thereof 
may be unfair or unjust or contrary to the public interest, the Na- 
tional Industrial Recovery Board may require that such action be 
suspended to afford an opportunity for investigation of the merits 
of such action and further consideration by the Divisional Code 
Authority or agency pending final action which shall not be effective 
unless the National Industrial Recovery Board approves or unless it 
shall fail to disapprove after thirty days' notice to it of intention to 
proceed with such action in its original or modified form. 

Article VII — Amendments 

Subject to the provisions of Section 2, (c) of Article IV B, of 
Chapter I of this Code, the provisions of this Chapter except as 
to provisions required by the Act, may be amended on the basis of 
experience or changes in circumstances, such amendments to be based 
upon application to the National Industrial Recovery Board and 
such notice and hearing as it shall specify, and to become effective 
on its approval. 

Article VIII — Reports 

In addition to information required to be submitted to the Code 
Authority, all or any of the persons subject to this Code shall fur- 
nish 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 the National 
Industrial Recovery Board may designate; and nothing in this 
Code shall relieve any person of any existing obligation to furnish 
reports to government agencies. 

Article IX — Registration of Members of the Division 

Each member of this Division within thirty (30) days after the 
effective date of this Chapter, shall register with the divisional 
Code Authority. Thereafter all who become members of this Divi- 
sion shall likewise register with the Divisional Code Authority. 
Registration of a member of this Division shall include the full 
name and mailing address of the member. An application may 
be made by the Divisional Code Authority to the National Indus- 
trial Recovery Board for an extension of the time limit for the reg- 



355 

istration by any member of this Division if it appears that the time 
limit as provided herein might cause injustice or undue hardship to 
any member of this Division. 

Article X — Effective Date 

This Code (Chapter I and this Chapter) shall become effective 
within this Division on the tenth (10th) day after the approval of 
this Chapter by the National Industrial Recovery Board. 

Approved Code No. 244 — Supplement No. 19. 
Registry No. 507-17. 



Approved Code No. 244 — Supplement No. 20 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

STONE SETTING CONTRACTORS INDUSTRY 

As Approved on December 31, 1934 



OEDER 



Supplementary Code of Fair Competition for the Stone Setting 
Contractors Industry 

A division of the construction industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, and pursuant to and in full 
compliance with the provisions of Section 5 of Article VIII of 
Chapter I of the Code of Fair Competition for the Construction 
Industry, approved January 31, 1934, for approval of Chapter XXI 
of said Code, which chapter is applicable to the Stone Setting Con- 
tractors Division of the Construction Industry, and hearings having 
been held thereon and the annexed report on said Code, containing 
findings with respect thereto, having been made and directed to the 
!Prpsi ciPTii' * 

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 Chapter 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 Chapter XXI be and it is 
hereby approved and that the previous approval of said Code of 
Fair Competition for the Construction Industry is hereby modified 
to include an approval of said Code in its entirety as supplemented 
by said Chapter XXI. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Oiflcer. 

Approval recommended : 

Walter G. Hooke, 

Acting Division Administrator. 

Washington, D. C, 

December 31, 193^. 

(357) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the Stone Setting Contractors Chapter of 
the Code of Fair Competition for the Construction Industry which 
is described as Chapter I and which was approved by you on January 
31, 1934. 

This Chapter is a revision after a public hearing conducted in 
Washington on April 20, 1934, in accordance with the provisions of 
the National Industrial Recovery Act, This Chapter amplifies Chap- 
ter I, but applies specifically to the Stone Setting Contractors Divison 
of the Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

With very minor exceptions, the hours and wages set forth in 
Chapter I of the Construction Code as approved by you on January 
31, 1934 are applicable to this Code. 

ECONOMIC EFFECT OF THE CODE 

No official or other authentic data are available to show the approx- 
imate amount of business done by members of this Division. Esti- 
mates indicate that approximately 13,100 employees were engaged in 
this Industry in 1929 and 5,120 in 1933. 

It is reasonable to predict that the establishment of uniform rates 
of pay and hours of work and the prohibition of unfair trade prac- 
tices will be beneficial to this Industry as well as to the employees and 
the consumer. 

FINDINGS 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said Stone Setting Contractors Chap- 
ter of the Code of Fair Competition for the Construction Industry, 
having found as herein set forth and on the basis of all the pro- 
ceedings in this matter; 

The National Industrial Recovery Board finds that: 
(a) Said Stone Setting Contractors Chapter and said Code of 
Fair Competition for the Construction Industry, as supplemented 
by said Stone Setting Contractors Chapter, are well designed to 
promote the policies and purposes of Title I of the National Indus- 
trial 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 promot- 
ing tlie organization of industry for the purpose of cooperative 

(358) 



359 

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 prac- 
tices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction 
of production (except as may be temporarily required), by increas- 
ing 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) Said Industry normally employs not more than 50,000 employ- 
ees ; and is not classified by the National Industrial Recovery Board 
as a major industry. 

(c) Said Stone Setting Contractors Chapter and the Code of Fair 
Competition for the Construction Industry, as supplemented by 
said Stone Setting Contractors Chapter, as approved comply in all 
respects 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 association is an industrial association truly repre- 
sentative of the aforesaid Industry; and that said Association im- 
poses no inequitable restrictions on admission to membership therein. 

(d) Said Stone Setting Contractors Chapter and the Code of Fair 
Competition for the Construction Industry, as supplemented by said 
Stone Setting Contractors Chapter are not designed to and will not 
permit monopolies or monopolistic practices. 

(e) Said Stone Setting Contractors Chapter and the Code of 
Fair Competition for the Construction Industry, as supplemented by 
said Stone Setting Contractors Chapter, are not designed to and 
will not eliminate or oppress small enterprises and will not operate 
to discriminate against them. 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
Stone Setting Contractors Chapter and of said Code, as supple- 
mented by this Stone Setting Contractors Chapter thereof. 

For these reasons, therefore, the National Industrial Recovery 
Board has approved said Stone Setting Contractors Chapter of the 
Code of Fair Competition for the Construction Industry. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Ojflcer. 
December 31. 1934. 



Chapter XXI 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE STONE SETTING CONTRACTORS DIVISION OF 
THE CONSTRUCTION INDUSTRY 

Article I — Definitions 

Section 1. The term " Stone Setting Contractors Division " or 
" this Division ", as used herein, means contracting for and perform- 
ance for hire of the service, in accordance with established trade 
practices, of handling, erecting, cleaning, pointing, and repairing of 
all kinds of cut stone, granite, limestone, cut or cast artificial stone, 
marble, (except as defined in Chapter XVII, Marble Contracting 
Division of the Construction Industry Code) and other cut stone, 
including the furnishing of all materials and equipment incidental 
thereto, and also the removal of same in alterations, replacing, relo- 
cating, and reerecting, in connection with the Construction Industry 
as defined in subsections (a) and (b) of Section 1, Article II, of 
Chapter I of this Code, and such branches or subdivisions thereof 
as may from time to time be included under the provisions of this 
Code by the President, after such notice and hearing as he may 
prescribe. The provisions of this Chapter shall not apply to work 
herein defined when executed by members of another division or 
subdivision of this Code when performed by their own employees, 
except as to the provisions relating to hours of labor, rates of pay 
and other conditions of employment. 

Section 2. The term "Association ", as used herein, means the 
National Stone Setting Contractors Association. 

Article II — Wages, Hours and Conditions or Employment 

Section 1. The following are exempt from the provisions of 
Section 2 B of Article III of Chapter I of this Code relating to 
maximum hours: 

(s.) Outside Salesmen. 

(b) Persons employed in a managerial, executive, or supervisory 
capacity, who earn not less than thirty -five dollars ($35.00) per week. 
However, no employee engaged in a supervisory capacity who per- 
forms manual labor shall be included in this exception. 

(c) Watchmen who shall not be permitted to work in excess of 
fifty-six (56) hours in any one week nor more than (6) days in any 
one week. 

Section 2. The Code Authority shall submit to the National In- 
dustrial Recovery Board before the expiration of sixty (60) days 
after the effective date hereof a list of such operations or occupations, 

(360) 



361 

referred to in Section 4, Article III of Chapter I, as hazardous in 
nature or dangerous to health. In any state an employer shall be 
deemed to have complied with the provisions of this Section as to 
age, if he shall have on file a certificate or permit duly issued by the 
authority in such state empowered to issue employment or age cer- 
tificates or permits showing that the employee is of the required age. 

Section 3. All members of this Division shall post and keep posted 
in conspicuous places readily accessible to all employees on their 
respective jobs and their established places of business, complete 
copies of Chapter I, General Provisions for the Construction In- 
dustry, and of this Chapter of the Code, together with the name and 
address of the nearest official place where Code violations may be 
reported. 

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 Au- 
thority to the National Industrial Recovery Board within six months 
after the effective date of the Code. Whenever such standards have 
been approved bj'^ the National Industrial Recovery Board, they 
shall become a part of this Code, and the failure of any member of 
the Division to comply with the same shall be a violation thereof. 

Section 5. No employee now employed at a rate in excess of the 
minimum shall be discharged and reemployed at a lower rate for the 
purpose of evading the provisions of this Code. 

Section 6. Any employer shall be subject to the applicable maxi- 
mum hourly limitations provided in this Code in his performance 
of manual labor or mechanical occupations customarily performed 
by employees. 

Section 7. (a ) Wages due shall be payable at the end of every week 
in lawful currency of the United States or by negotiable check there- 
for payable on demand at par. If wages are paid by check, the em- 
ployer shall provide reasonably accessible facilities for the cashing 
thereof at par without expense to the employee. Employers shall 
also provide such identification as necessary to utilize such facilities. 

(b) Employers and/or their agents shall accept no rebates directly 
or indirectly on such wages, nor give anything of value or extend 
favors to an}^ person for the purposes of influencing the rates of 
wages or the working conditions of their employees, except when 
required by law. 

Section 8. No employee shall be dismissed or demoted for making 
a complaint or giving evidence with respect to an alleged violation 
of this Code. 

Section 9. No member of this Division shall directly or indirectly 
sublet to any employee, laborer, or mechanic, the labor services re- 
quired by any contract secured by such member, except where said 
labor services are compensated at a rate of not less than the minimum 
prescribed herein or in any applicable agreement approved as pro- 
vided in Chapter I of this Code or Section 7 (b) of the Act. This 
shall not be interpreted to affect or modify the last paragraph of 
Section 2 (A), Article III of Chapter I. 

Section 10. In no case shall a member of this Division avoid or 
evade the labor provisions of this Chapter by contracting his work 



114532—35 19 



362 

to any person or persons subject to labor provisions less stringent 
than those provided in this Chapter. 

Section 11. A person whose earning capacity is limited because of' 
age or physical or mental handicap or other infirmity may be em- 
ployed on light work at a wage below the minimum established by 
this Code, if the employer obtains from the State Authority, desig- 
nated by the United States Department of Labor, a certificate author- 
izing his employment at such wages and for such hours as shall be 
stated in the certificate. Each employer shall file monthly with the 
Divisional Code Authority a list of all such persons employed by 
him, showing the wages paid to, and the maximum hours of work, 
for, all such persons. 

Article III — Administration 

Section 1. A divisional code authority is hereby constituted to 
administer this Code within this Division. The Divisional Code Au- 
thority shall consist of ten (10) individuals, six (6) of whom shall 
be selected from the Board of Directors of this Association and 
elected to the Divisional Code Authority by a majority vote of said 
Board of Directors to serve for a term of one year, or until their- 
successors are elected. The National Industrial Recovery Board 
shall appoint the four (4) remaining members of the Divisional 
Code Authority on a fair basis from and to represent the members - 
of this Division who are not members of the Association. Recom- 
mendations and nominations for such appointments may be made 
by the Board of Directors of the Association or by any member of' 
the Division who is not a member of the Association. Any such 
member shall serve for a term of one (1) year, or until he becomes^. 
a member of the Association, or until his successor shall have been 
selected by the members of the Division who are not members of the 
Association, pursuant to a method of selection satisfactory to and 
approved by the National Industrial Recovery Board, and such 
successor shall have been approved by the National Industrial Re- 
covery Board, whichever of said periods shall be the less. 

The term of office of every member of the Divisional Code Author- 
ity, except as herein provided, shall be one (1) year, and except that 
any member appointed to fill a vacancy shall be selected for the 
balance of the term of the vacant membership. 

Section 2. Subject to such regulations as may be issued by the- 
National Industrial Recovery Board, the Divisional Code Authority 
shall have such powers and duties as are conferred in Article IV, 
Subdivision B, Section 2 of Chapter I of this Code, and shall also, 
have the following powers and duties: 

To make recommendations to the National Industrial Recovery- 
Board for the coordination of provisions of this Chapter, and its 
administration with the provisions and administration of any other 
code of fair competition that may be related to this Division or its 
members. 

Section 3. (a) It being found necessary in order to support the- 
administration of this code and to maintain the standards of fair 
competition established hereunder and to effectuate the policy of the- 
Act, the Code Authority is authorized : 



363 

(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 this Division; 

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

(b) Each member of this Division 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 this Division complying with 
the code and contributing to the expenses of its administration as 
hereinabove provided, unless duly exempted from making such con- 
tributions, shall be entitled to participate in the selection of mem- 
bers of the Code Authority or to receive the benefits of any of its 
voluntary activities or to make use of any emblem or insignia of the 
National Recovery Administration, 

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

Section 4. Costs and Price Cutting. — (a) The standards of fair 
competition for the Industry with reference to pricing practices are 
declared to be as follows: 

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



364 

sound cost estimating methods should be used and that consideration 
should be given to costs in the determination of pricing policies. 

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

(b) Emergency Provisions. — (1) If the National Industrial Re- 
covery Board, after investigation shall at any time find both (a) 
that an emergency has arisen within the Industry adversely affecting 
small enterprises or wages or labor conditions, or tending toward 
monopoly or other acute conditions which tend to defeat the purposes 
of the Act; (b) that the determination of the stated minimum price 
for a specified product within the Industry for a limited period is 
necessary to mitigate the conditions constituting such emergency and 
to effectuate the purposes of the Act, the Code Authority may cause 
an impartial agency to investigate costs and to recommend to the 
National Industrial Recovery Board a determination of the stated 
minimum price of the product affected by the emergency and there- 
upon the National Industrial Recovery Board may proceed to deter- 
mine such stated minimum price. 

(2) Wlien the National Industrial Recovery Board shall have 
determined such stated minimum price for a specified product for 
a stated period, which price shall be reasonably calculated to mitigate 
the conditions of such emergency and to effectuate the purposes of 
the National Industrial Recovery Act, it shall publish such price. 
Thereafter, during such stated period, no member of the Industry 
shall sell such specified products at a net realized price below said 
stated minimum price and any such sale shall be deemed destructive 
price cutting. From time to time, the Code Authority may recom- 
mend review or reconsideration or the National Industrial Recovery 
Board may cause any determinations hereunder to be reviewed or 
reconsidered and appropriate action taken. 

Article IV — Trade Practice Rules 

Section 1. General Definitions. — For all purposes of the Code 
the acts described in this Section shall constitute unfair practices 
and are prohibited. 

Any member of this Division who shall directly or indirectly 
through any officer, employee, agent, or representative, use, employ, 
or permit to be employed, any of the following unfair practices, 
shall be guilty of a violation of the Code. 

(a) The submission of a bid or acceptance of a contract to per- 
form work in which the contractor does not comply with Section 4, 
Article III. 

(b) No member of the Division shall submit a bid on an opera- 
tion after bids have been opened, except where all previous bids 
have been rejected in writing and a period of ninety (90) days has 
elapsed since such rejection, or where there has been a substantial 
change in the plans and/or specifications, or evidence of collusion or 
such marked differences between the bids submitted and the awarding 
authority's estimate as to the valuation of the work as would indicate 
to the awarding authority and his code authority the necessity of 
new bids in order to secure fair competition. 



365 

(c) The misrepresentation in a bid of the work and materials 
included in estimate or failure to include in any estimate all work 
specifically called for in plans and specifications for this division of 
a contract. 

(d) No member of the Division shall accept financing from, or 
shall agi'ee to finance the General Contractor, or cut stone or granite 
fabricator or their representative or agent. No member of this 
Division shall agree to accept a delay in payments for a period 
greater than ten ^10) days after the general contractor has been paid 
and shall be paid m full the amount received by the general contractor 
in this division contract. 

(e) The Code Authority shall, from time to time, stipulate and 
submit to the National Industrial Recovery Board after such notice 
as it shall prescribe, what constitutes unsafe or bad construction 
practices under this Code. Upon the approval of the National In- 
dustrial Recovery Board of such construction practices as unsafe or 
bad. they shall constitute unfair trade practices. 

(f) The furnishing of bids without adequate compensation there- 
for to a general contractor, cut stone, granite, or marble contractor, 
who uses the bid for checking purposes and performs the work him- 
self. 

(g) No member of this Division, after the bids have been sub- 
mitted, shall make credit allowances to the awarding authority until 
after the contract has been awarded and signed, and then such credits 
shall be made only at prices contained in his original proposal for 
this work and as listed in duplicate bid in depository. 

(h) No member of this Division shall make any secret payment 
of allowance or rebates, refunds, or commissions, or unearned dis- 
counts, whether in the form of money or otherwise or secretly extend 
to certain purchasers special services or privileges not extended to 
all purchasers under like terms and conditions. 

(i) The willful making or causing to be made of any false or de- 
ceptive statements, either written or oral, of or concerning the busi- 
ness policy of a competitor, his workmanship, selling price, or his 
financial, business, or personal standing. 

(j) No contract shall be entered into which fails to include all 
estimated labor costs, as well as the cost of all materials required, to 
perform a contract under this Division. 

Section 2. Bid depositories for filing duplicate bids shall be desig- 
nated by the Code Authority according to such rules and regulations 
as it may prescribe from time to time, subject to the approval of 
the National Industrial Recovery Board. 

Article V 

Nothing in this Code shall nullify the provisions of Article VII, 
Section 9 of Chapter I. 

Article VI — Reference to Provisions of Chapter I 

Provisions of Chapter I of this Code, including any amendments 
thereto, except as herein specifically provided, are specifically incor- 
porated herein with the same force and effect as if set forth herein 
in full. 



366 

Article VII — Registration of Members of the Division 

Each member of this Division vs^ithin thirty (30) days after the 
effective date of this Chapter, shall register with the Divisional Code 
Authority. All members of this Division who shall be within the 
Stone Setting Contractors' Division thereafter shall likewise register 
with the Divisional Code Authority. Registration of the members 
of this Division shall include the full name and mailing address of 
such member. Application may be made by the Divisional Code 
Authority to the National Industrial Recovery Board for an exten- 
sion of the time limit for registration by any member of this Divi- 
sion if it appears that the time limit as provided herein may cause 
injustice or undue hardship to any member of this Division. 

Article VIII — Review or Acts of Divisional Code Authority 

If the National Industrial Recovery Board shall determine that 
any action of the Divisional Code Authority or any agency thereof 
may be unfair or unjust or contrary to the public interest, the Na- 
tional Industrial Recovery Board may require that such action be 
suspended to afford an opportunity for investigation of the merits of 
such action and further consideration by the Divisional Code Au- 
thority or agency pending final action which shall not be effective 
unless the National Industrial Recovery Board approves or unless it 
shall fail to disapprove after thirty (30) days' notice to it of inten- 
tion to proceed with such action in its original or modified form. 

Article IX — Amendments 

Subject to the provisions of Section 2 (c) of Article IV, B, of 
Chapter I of this Code, the provisions of this Chapter except as to 
provisions required by the Act, may be amended on the basis of 
experience or changes in circumstances, such amendments to be based 
upon application to the National Industrial Recovery Board and 
such notice and hearing as it shall specify, and to become effective 
on its approval. 

Article X — Mandatory Provisions or the Act 

Section 1. Labor Provisions of the Act. — Employees shall have the 
right to organize and bargain collectively through representatives 
of their own choosing and shall be free from the interference, 
restraint, or coercion of members of the Division, or their agents, in 
the designation of such representatives or in self -organization or in 
other concerted activities for the purpose of collective bargaining or 
other mutual aid or protection; no employee and no one seeking 
emploj^ment shall be required as a condition of employment to join 
any company union or to refrain from joining, organizing or assist- 
ing a labor organization of his own choosing ; members of the Divi- 
sion shall comply with the maximum hours of labor, minimum rates 
of pay, and other conditions of employment, approved or prescribed 
by the President. 



367 

SEcnoN 2. Presidential Powers. — This Code, and all the provisions 
thereof, and of any Chapter thereof, are expressly made subject to 
the right of the President, in accordance with the provisions of sub- 
section (b) of Section 10 of the Act, from time to time to cancel or 
modify any order, approval, license, rule or regulation issued under 
Title I of the Act and specifically, but without limitation to the right 
of the President to cancel or modify his approval of this Code, or 
of any" addition thereto, or any conditions imposed by him upon 
such approval. 

Abticle XI — Effective Date 

This Chapter shall become effective in this Division on the thirtieth 
(30th) day after its approval by the National Industrial Recovery 
]Board. 

Approved Code No. 244 — Supplement No. 20. 
Registry No. 1030-2-04. 



Approved Code No. 347 — Supplement No. 45 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

COAL MINE LOADING MACHINE INDUSTRY 

As Approvfed on January 4, 1935 



ORDER 



Supplementary Code of Fair Competition for the Coal Mine 
Loading Machine 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 Coal Mine Loading Ma- 
chine Industry, and hearing having been duly held thereon and the 
annexed report on said Supplemental Code, containing findings with 
respect thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 Su23plemental 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 Supple- 
mental Code of Fair Competition be and it is hereby approved, sub- 
ject to the following conditions : 

(1) That the provisions of Section 7 of Article VI be and they 
are hereby stayed. 

(2) That within sixty (60) days the Coal Mine Loading Ma- 
chine Manufacturers' Association amends Section 3, Article IV of 
its By-Laws by deleting the words " and further, assents to the Code 
or Codes of the Industry ". 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Barton W. Murray, 

Division, Administrator. 

Washington, D. C, 

January 4. 1935. 

(369) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 
Sir : This is a report on the Supplemental Code of Fair Competi- 
tion for the Coal Mine Loading Machine Subdivision of the Machin- 
ery and Allied Products Industry, Public Hearing having been con- 
ducted thereon in Washington, D. C, September 25, 1934, in accord- 
ance with the provisions of Title I of the National Industrial 
Recovery Act. 

GENERAL STATEMENT 

The Coal Mine Loading Machine Subdivision, being truly repre- 
sentative of the manufacturers of the products defined in Article' 
II of the Supplemental Code, has elected to formulate and submit a 
Supplemental Code of Fair Competition as provided in the second 
paragraph of Article I of 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 manufacturing and/or assembling 
for sale and selling by the manufacturer 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. 

Statistical material bearing on this Subdivision was obtained from 
the code application submitted by the Coal Mine Loading Machine 
Manufacturers' Association. The above-mentioned association claims 
to represent 90 per cent of the entire Subdivision measured by dollar 
volume of business. 

Annual sales in 1933, according to the association, declined to 
less than one-third the 1929 level. In 1929 sales were reported at 
$1,811,900 and in 1933 at $573,000. 

Estimates showing employment for the entire Subdivision, sub* 
mitted by the association, indicate that employment declined from 
160 in 1929 to 101 in 1933, or 36.8 per cent. 

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. 

(370) 



371 

Article IV provides for the adoption of Articles II, VI and VIII 
of the National Industrial Recovery Code of the Machinery and 
Allied Products Industry, in accordance with the conditions of this 
Article governing their adoption. 

Article V provides for the establishment of a Code Authority 
and defines its powers and duties. 

Article VI sets forth trade practices for the Subdivision. 

Article VII 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 VIII provides that this Supplemental Code and all the 
provisions thereof are expressly made subject to the right of the 
President, in accordance with Subsection (b) of Section 10 of the 
Act, from time to time to cancel or modify any order, approval, 
license, rule or regulation issued under said Act. Provision is also 
made that modifications may be submitted by the Code Authority 
to the National Industrial Recovery Board for approval. 

Article IX provides means for withdrawal of this Subdivision 
from the jurisdiction of the Basic Code Authority and its con- 
tinuance under its own Code Authority. 

Article X states that no provision of this Supplemental Code 
shall be so applied as to permit monopolies, or monopolistic prac- 
tices, or to eliminate, oppress, or discriminate against small enter- 
prises. 

Article XI states the effective date of this Supplemental Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 
National Industrial Recovery Board on said Supplemental Code hav- 
ing found as herein set forth and on the basis of all the proceedings 
in this matter : 

The National Industrial Recover^' Board finds that : 

(a) Said Supplemental Code is well designed to promote the poli- 
cies and purposes of Title I of the National Industrial Recovery 
Act, including removal of obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof 
and will provide for the general welfare by promoting the 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 em- 
ployees ; and is not classified by the National Industrial Recovery 
Board as a major industry. 

(c) The SupplementarCode as approved complies in all respects 
with the pertinent provisions of said Title of said Act, including 



372 

without limitation Subsection (a) of Section 3, Subsection (a) of 
Section 7, and Subsection (b) of Section 10 thereof; and that the 
applicant association is an industrial association truly representative 
of the aforesaid Industry; and that said association imposes no 
inequitable restrictions on admission to membership therein. 

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

(e) The Supplemental Code is not designed to and will not elimi- 
nate or oppress small enterprises and will not operate to discrimi- 
nate against them. 

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

For these reasons, therefore, the National Industrial Recovery 
Board has approved this Supplemental Code. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administi^ative Officer, 
January 4, 1935. 



SUPPLEMENTAEY CODE OF FAIR COMPETITION FOR 
THE COAL MINE LOADING MACHINE INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

Article I — Purposes 

To effectuate the policy of Title I of the National Industrial Re- 
covery Act, the following provisions are established as a Supple- 
mental Code for the Coal Mine Loading Machine Subdivision of the 
Machinery and Allied Products Industry, and together with the 
Code of Fair Competition for the Machinery and Allied Products 
Industry, shall be the standard of fair competition for this Sub- 
division, and shall be binding on everj^ emploj^er therein. 

Article II — Definitions 

"Applicant " means the Coal Mine Loading Machine Manufac- 
turers' Association, a trade organization, all members of which are 
engaged in the manufacture for sale of the products of the Coal 
Mine Loading Machine Subdivision of the Machinery and Allied 
Products Industry. 

'' Industry " means the Machinerj'^ and Allied Products Industry, 
as defined in its Code of Fair Competition as approved by the 
President, and as such definition maj^ from time to time be amended. 

" Subdivision " means this Coal Mine Loading Machine Sub- 
division of the Machinery and Allied Products Industry as defined 
and set forth in Definition No. 48, Article II of the Code of Fair 
Competition for the Machinery and Allied Products Industry as 
follows : 

" Coal Mine Loading Machine Subdivision means the manufactur- 
ing and/or assembling for sale and selling by the manufacturer 
and/or assembler for use in loading coal or other material under- 
ground 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." 

" Code " means the Code of Fair Competition for the Machinery 
and Allied Products Industry as approved by the President, March 
IT. 1934. and as from time to time amended. 

" Person " means a natural person, a partnership, a corporation, 
an association, a trust, a trustee, a trustee in bankruptcy, a receiver, 
or other entity. 

" Employer " means any person engaged in this Subdivision either 
on his or its own behalf or as an employer of labor. 

" The Act " means Title I of the National Industrial Recovery 
Act. 

(373) 



374 

" The President " means the President of the United States. 

" Board " means the National Industrial Recovery Board or its 
successor in office. 

" Basic Code Authority " means the Code Authority for the Ma- 
chinery and Allied Products Industry as constituted by the Code. 

" Code Authority " means the Code Authority constituted for this 
Subdivision as provided by the Code and by this Supplemental Code. 

Article III — Employment Provisions 

The following Articles of the Code, viz : Article III, " Working 
Hours " ; Article IV, " Wages " ; and Article V, " General Labor 
Provisions ", are hereby made a part of this Supplemental Code, with 
the same effect as if they were written into this Supplemental Code. 

Article IV — Adoption of Other Provisions or Code 

The following Articles of the Code, viz : Article II, " Definitions " ; 
Article VI, "Administration ", to the extent that they shall be appli- 
cable to this Supplemental Code as such or as it may hereafter be 
administered as an autonomous Code ; Article VIII, " Modifications 
and Termination ", are hereby made a part of this Supplemental 
Code, with the same effect as if they were written into this Supple- 
mental Code. 

Article V — Administration ^ 

(a) A Code Authority for this Subdivision is hereby constituted 
to administer, supervise, and facilitate the enforcement of the Code 
and of this Supplemental Code in the manner and to the extent pro- 
vided in the Code and in this Supplemental Code. 

(b) During a period not to exceed sixty (60) days following the 
effective date and pending the election of the permanent Code Au- 
thority, the executive committee of the Applicant shall constitute a 
temporary Code Authority. 

(c) The temporary Code Authority shall, by written notice sent 
by registered mail to all employers whose names have been obtained 
after reasonably diligent search, call a meeting of employers to be 
held within sixty (GO) days after the effective date for the purpose 
of adopting procedural rules and Eegulations for the election, or- 
ganization, and operation of the permanent Code Authority and 
electing a permanent Code Authority which shall consist of five (5) 
members, who shall be representative of employers, provided how- 
ever, that no one employer shall be represented by more than one 
member. The Board may, in its discretion, appoint one additional 
member (without vote and without expense to the Subdivision). 
The permanent Code Authority so elected and appointed shall im- 
mediately supersede the temporary Code Authority. 

(d) Any employer shall be entitled to vote at the election of the 
permanent Code Authority and at other meetings of employers and 
share in the benefits of the activities of Code Authority and may 
participate in any endeavors of Code Authority in the preparation 



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



375 

of any amendments or revisions of, or additions or supplements to, 
this Supplemental Code by paying or agreeing to pay, as and when 
assessed, his proper pro rata share of the reasonable cost of admin- 
istering this Supplemental Code as determined by Code Authority. 

(e) Action by employers in any Subdivision meeting for the elec- 
tion of Code Authority shall be by vote of the employers entitled to 
"Vote as provided in Section (d) of this Article V, each such employer 
to have one vote only. Action by employers in any Subdivision 
meeting for the adoption of procedural rules, or the transaction of 
other business of the Subdivision under this Supplemental Code, 
except revisions or additions to the Supplemental Code, shall be by 
Tote of the employers in the Subdivision who are entitled to vote 
thereat as provided in Section (d), Article V, of this Supplemental 
Code and are present in person or by proxy duly executed and filed 
with Code Authority; 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 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. 

(f ) In order that the Code Authority shall at all times be truly 
representative of the Subdivision, 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. 

(g) If formal complaint is made to Code Authority that provi- 
sions of this Supplemental Code have been violated by any employer, 
Code Authority shall proceed in accordance with the provisions of 
Section (h) of Article VI of the Code. 

(h) The Code Authority may appoint a Trade Practice Com- 
mittee which shall meet with the Trade Practice Committees ap- 
pointed under such other Codes as may be related to the Subdivision 
for the purpose of formulating fair trade practices to govern the 
relationships between production and distribution employers under 
this Supplemental Code and under such others to the extent that 
such fair trade practices may be proposed to the Board as amend- 
ments to this Supplemental Code and such other codes. 

(i) Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall 
submit to the National Industrial Recovery Board true copies of its 
articles of association, by-laws and regulations. 

Article VI — Trade Practices 

(1) No employer shall secretly, directly or indirectly, offer or 
make any payment or allowance of a rebate, refund, commission, 
credit, unearned discount, or excess allowance, whether in the form 
of money or otherwise, nor shall an employer secretly offer or extend 
to any customer any special service or privilege not extended to all 
customers of the same class for the purpose of influencing a sale. 



376 

(2) No employer shall publish advertising (whether printed, 
radio, display, or of any other nature), which is misleading or in- 
accurate in any material particular, nor shall any employer 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. 

(3) No employer shall publish or circulate unjustified or unwar- 
ranted threats of legal proceedings which tend to have the effect of 
harassing competitors or intimidating their customers. 

(4) So long as the maker of any product of this Subdivision bear- 
ing the maker's name or trade mark, which has required special 
designing, research or development expense (or his successor in 
business) continues to make and supply such spare, repair, and re- 
placement parts therefor, no employer shall supply repair parts for 
such product of this Subdivision unless (a) the name of the maker 
of such copied nongenuine repair parts shall be plainly marked on 
each part (or if this is impracticable on the package or tag) so that 
the ultimate user is clearly informed by marking on such parts, pack- 
ages, tags and in catalogues, price lists, quoted prices, advertisements 
or advertising literature of the manufacturer of such copied non- 
genuine parts that said parts were not made by the original maker of 
the products of the employer of this Subdivision. 

(5) No employer shall furnish to any purchaser, and/or his agent, 
directly or indirectly, detailed shop drawings of the products of this 
Subdivision without filing a statement of such proposed transaction 
with the Code Authority which may approve or, with the approval 
of the Board, disapprove the transaction within ten (10) days by 
written notice to the employer. 

(6) No employer shall induce or attempt to induce a breach or 
abandonment of contract covering the purchase or sale of the prod- 
ucts of this Subdivision; provided, however, that nothing in this 
Section shall be construed to prohibit the attempt on the part of the 
owner of or licensee under any patent to induce a purchaser or 
future purchaser of any product which shall infringe said patent, to 
avoid such purchase. 

(7) It shall be an unfair trade practice for any employer to 
engage in wilfully destructive price cutting for the purpose of in- 
juring a competitor and where the effect may be substantially to 
lessen competition.^ 

Article VII — Sales for Export 

The provisions of this Supplemental Code concerning pricing and 
marketing shall not apply to direct export sales of any product. A 
similar exemption may be granted by the Code Authority as to sales 
of any product destined ultimately for export. The term " export " 
shall include all shipments to all places without the several states of 
the United States and the District of Columbia; provided, however, 
that no shipment to any territory or possession of the United States 



"Stayed — See paragraph 2 (1) of order approving this Code. 



377 

shall be considered an export when any employer is engaged in the 
Subdivision in such territory or possession. 

Article VIII — Modifications and Termination 

(a) As provided by Section 10 (b) of the Act, the President may 
from time to time cancel or modify any order, approval, license, 
rule or regulation issued under Title I of the Act. 

(b) Any amendments, additions, revisions, or supplements of this 
Supplemental Code, proposed by Code Authority, and adopted by 
the concurring affirmative vote of employers entitled to cast two- 
thirds or more of all the votes that might be cast by all employers 
entitled to vote thereon, shall be in full force and effect upon ap- 
proval by the President. The eligibility requirements, method and 
effect of such voting shall be as provided by Article V hereof. 

(c) This Supplemental Code shall terminate June 16, 1935, or 
on such date prior thereto when the Act shall be repealed or the 
President shall, by proclamation, or the Congress shall, by joint 
resolution, direct that the emergency recognized by Section 1 of the 
Act has ended. 

Article IX — Withdrawal 

Upon thirty days' notice to the Basic Code Authority and to the 
Board, this Subdivision may, upon the concurring affirmative vote of 
employers within the said SubdiA^sion entitled to cast two-thirds or 
more of all the votes that might be cast by all employers within the 
Subdivision entitled to vote thereon, withdraw from the jurisdiction 
of the Basic Code Authority. The eligibility of voters and the 
method and effect of such voting shall be in accordance with the 
provisions of Article V hereof. After and in the event such with- 
drawal is accomplished this Supplemental Code, together with the 
provisions of the Code shall become and be the sole code governing 
this Subdivision, and the Code Authority shall, for this Subdivision, 
become and be the sole Code Authority and shall perform all the 
functions with respect thereto. 

Article X — Monopolies 

Applicant imposes and shall impose no inequitable restrictions on 
membership therein. The Supplemental Code presented by it is 
not designed to promote monopoly, and shall not be so construed 
or applied as to oppress or eliminate small enterprises or discriminate 
against them, and is designed to effectuate the policy of the Act. 

Article XI — Effective Date 

This Supplemental Code shall become effective and binding on all 
persons engaged in the Subdivision on the eleventh day after its 
approval. 

Approved Code No. 347 — Supplenaent No. 45. 
Registry No. 1414-14. 



114532—35 20 



Approved Code No. 347 — Supplement No. 46 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOB THE 

COAL CUTTING MACHINE INDUSTRY 

As Approved on January 4, 1935 



ORDER 



Supplementary Code of Fair Competition for the Coal Cutting 

Machine 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 Coal Cutting Machine In- 
dustry, and hearing having been duly held thereon and the annexed 
report on said Supplemental Code, containing findings with respect 
thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, 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 
of said Title of said Act; and does hereby order that said Supple- 
mental Code of Fair Competition be and it is hereby approved, sub- 
ject to the following conditions : 

(1) That the provisions of Section 7 of Article VI be and they 
are hereby stayed. 

(2) That within sixty (60) daj^s the Coal Cutting Machine Man- 
ufacturers' Association amends Section 3 of Article IV of its By- 
Laws by deleting the words " and further, assents to the Code or 
Codes of the Industry ". 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

January 4, 1935. 

(379) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir : This is a report on the Supplemental Code of Fair Competi- 
tion for the Coal Cutting Machine Subdivision of the Machinery 
and Allied Products Industry, Public Hearing having been con- 
ducted thereon in Washington, D. C, September 25, 1934, in accord- 
ance with the provisions of Title I of the National Industrial 
Recovery Act. 

GENERAL STATEMENT 

The Coal Cutting Machine Subdivision, being truly representa- 
tive of the manufacturers of the products defined in Article II of the 
Supplemental Code, has elected to formulate and submit a Supple- 
mental Code of Fair Competition as provided in the second para- 
graph of Article I of the Code of Fair Competition for the Ma- 
chinery and Allied Products Industry, approved by j^ou on the 
seventeenth day of March, 1934. 

The Subdivision includes the manufacturing and/or assembling 
for sale and selling by the manufacturer and/or assembler, of coal 
cutting machines most commonly used underground 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 a 
manufacturer of such coal cutting machines. 

Statistical material bearing on this Subdivision was obtained 
from the code application submitted by the Coal Cutting Machine 
Manufacturers' Association. The above-mentioned association 
claims to represent 95 per cent of the entire Subdivision measured 
by dollar volume of business. 

Annual sales in 1933, according to the association, declined to less 
than one-third the 1929 level. In 1929 sales were reported at $6,965,- 
500 and in 1933 at $2,005,700. 

Estimates showing employment for the entire subdivision, sub- 
mitted by the association, indicate that employment declined from 
1482 in 1929 to 847 in 1933, or 42.8 per cent. 

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 provisions 
of the National Industrial Recovery Code of the Machinery and 

(380) 



381 

Allied Products Industry, as approved by you, and as from time to 
time amended. 

Article IV provides for the adoption of Articles II, VI and VIII 
of the National Industrial Recovery Code of the Machinery and 
Allied Products Industry, in accordance with the conditions of this 
Article governing their adoption. 

Article V provides for the establishment of a Code Authority and 
defines its powers and duties. 

Article VI sets forth trade practices for the Subdivision. 

Article VII 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 VIII provides that this Supplemental Code and all the 
provisions thereof are expressly made subject to the right of the 
President, in accordance with Subsection (b) of Section 10 of the 
Act, from time to time to cancel or modify any order, approval, 
license, rule or regulation issued under said Act. Provision is also 
made that modifications may be submitted by the Code Authority 
to the National Industrial Recovery Board for approval. 

Article IX provides means for withdrawal of this Subdivision 
from the jurisdiction of the Basic Code Authority and its continu- 
ance under its own Code Authority. 

Article X states that 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 XI states the effective date of this Supplemental Code. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 
National Industrial Recovery Board on said Supplemental 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) Said Supplemental Code is well designed to promote the pol- 
icies 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 supervi- 
sion, 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) S'aid Industry normally employs not more than 50,000 em- 
ployees; and is not classified by the National Industrial Recovery 
Board as a major industry. 



382 

(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) oi 
Section 7, and Subsection (b) of Section 10 thereof; and that the 
applicant association is an industrial association truly representative 
of the aforesaid Industry; and that said association imposes no 
inequitable restrictions on admission to membership therein. 

(d) The 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 
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 
Supplemental Code. 

For these reasons, therefore, the National Industrial Recovery 
Board has approved this Supplemental Code. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojflcer, 
January 4. 1935. 



SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE COAL CUTTING MACHINE INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

Article I — Purposes 

To effectuate the policy of Title I of the National Industrial Re- 
covery Act, the following provisions are established as a Supple- 
mental Code for the Coal Cutting Machine Subdivision of the 
Machinery and Allied Products Industry, and together with the 
Code of Fair Competition for the Machinery and Allied Products 
Industry, shall be the standard of fair competition for this Subdi- 
vision, and shall be binding on every employer therein. 

Article II — Definitions 

"Applicant " means the Coal Cutting Machine Manufacturers' 
Association, a trade organization, all members of which are engaged 
in the manufacture for sale of the products of the Coal Cutting 
Machine Subdivision of the Machinery and Allied Products Industry. 

" Industry " means the Machinery and Allied Products Industry, 
as defined in its Code of Fair Competition as approved by the 
President, and as such definition may from time to time be amended. 

" Subdivision " means this Coal Cutting Machine Subdivision of 
the Machinery and Allied Products Industry as defined and set forth 
in Definition No. 49, Article II of the Code of Fair Competition for 
the Machinery and Allied Products Industry, as follows : 

(49) " Coal Cutting Machine Subdivision means the manufactur- 
ing and/or assembling for sale and selling by the manufacturer 
and/or assembler, of coal cutting machines most commonly used 
underground 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 a manufacturer of such coal cutting machines." 

" Code " means the Code of Fair Competition for the Machinery 
and Allied Products Industry as approved by the President, March 
17, 1934, and as from time to time amended. 

" Person " means a natural person, a partnership, a corporation, an 
association, a trust, a trustee, a trustee in bankruptcy, a receiver, or 
other entity. 

" Employer " means any person engaged in this Subdivision either 
on his or its own behalf or as an employer of labor. 

" The Act " means Title I of the National Industrial Recovery Act. 

(383) 



384 

" The President " means the President of the United States. 

" Board " means the National Industrial Recovery Board, or its 
successor in office. 

" Basic Code Authority " means the Code Authority for the Ma- 
chinery and Allied Products Industry as constituted by the Code. 

" Code Authority " means the Code Authority constituted for this 
Subdivision as provided by the Code and by this Supplemental 
Code. 

Article III — Employment Provisions 

The following Articles of the Code, viz: Article III, "Working 
Hours " ; Article IV, " Wages " ; and Article V, " General Labor 
Provisions ", are hereby made a part of this Supplemental Code, 
with the same effect as if they were written into this Supplemental 
Code. 

Article IV — Adoption or Other Provisions or Code 

The following Articles of the Code, viz : Article II, " Defini- 
tions ", Article VI, "Administration ", to the extent that they shall 
be applicable to this Supplemental Code as such or as it may here- 
after be administered as an autonomous Code ; Article VIII, " Modi- 
fications and Termination ", are hereby made a part of this Supple- 
mental Code, with the same effect as if they were written into this 
Supplemental Code. 

Article V — Administration 

(a) A Code Authority for this Subdivision is hereby constituted 
to administer, supervise, and facilitate the enforcement of the Code 
and of this Supplemental Code in the manner and to the extent 
provided in the Code and in this Supplemental Code. 

(b) During a period not to exceed sixty (60) days following the 
effective date and pending the election of the permament Code Au- 
thority, the executive committee of the Applicant shall constitute a 
temporary Code Authority. 

(c) The temporary Code Authority shall, by written notice sent 
by registered mail to all employers whose names have been obtained 
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, or- 
ganization, and operation of the permanent Code Authority and 
electing a permanent Code Authority which shall consist of three 
(3) members, who shall be representative of employers, provided 
however, that no one employer shall be represented by more than one 
member. The Board may, in its discretion, appoint one additional 
member (without vote and without expense to the Subdivision). 
The permanent Code Authority so elected and appointed shall im- 
mediately supersede the temporary Code Authority. 

(d) Any employer shall be entitled to vote at the election of the 
permanent Code Authority and at other meetings of employers and 
share in the benefits of the activities of Code Authority and may 



385 

participate in any endeavors of Code Authority in the preparation 
of any amendments or revisions of, or additions or supplements to, 
this Supplemental Code by pajang or agreeing to pay, as and when 
assessed, his proper pro rata share of the reasonable cost of admin- 
istering this Supplemental Code as determined by Code Authority. 

(e) Action by employers in any Subdivision meeting for the 
election of Code Authority shall be by vote of the emploj^ers entitled 
to vote as provided in Section (d) of this Article V, each such em- 
ployer to have one vote only. Action by employers in any Sub- 
division meeting for the adoption of procedural rules, or the trans- 
action of other business of the Subdivision under this Supplemental 
Code, except revisions or additions to the Supplemental Code, shall 
be by vote of the employers in the Subdivision who are entitled to 
vote thereat as provided in Section (d). Article V of this Supple- 
mental Code and are present in person or by proxy duly executed and 
filed with Code Authority ; cast and computed in the manner pro- 
vided 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 employers other than the meeting held to vote for the 
election of the permanent Code Authority shall be determined by 
Code Authoritv. in accordance with Section (d) Article YI of the 
Code. 

(f) In order that the Code Authority shall at all times be truly 
representative of the Subdivision, 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. 

(g) If formal complaint is made to Code Authority that provi- 
sions of this Supplemental Code have been violated by any employer, 
Code Authority shall proceed in accordance with the provisions of 
Section (h) of Article VI of the Code. 

(h) The Code Authorit}' may appoint a Trade Practice Com- 
mittee which shall meet with the Trade Practice Committees ap- 
pointed under such other Codes as may be related to the Subdivision 
for the purpose of formulating fair-trade practices to govern the 
relationships between production and distribution employers under 
this Supplemental Code and under such others to the extent that 
such fair-trade practices may be proposed to the Board as amend- 
ments to this Supplemental Code and such other codes. 

(i) Each trade or industrial association directly or indirectl}^ par- 
ticipating in the selection or activities of the Code Authority shall 
submit to the National Industrial Recovery Board true copies of its 
articles of association, by-laws and regulations. 

Article VI — Trade Practices 

(1) No employer shall secretly, directl}- or indirectly, offer or 
make any payment or allowance of a rebate, refund, commission, 
credit, unearned discount, or excess allowance, whether in the form 
of money or otherwise, nor shall an employer secretly offer or ex- 
tend to any customer any special service or privilege not extended 



386 

to all customers of the same class, for the purpose of influencing a 
sale. 

(2) No employer shall publish advertising (whether printed, 
radio, display, or of any other nature), which is misleading or in- 
accurate in any material particular, nor shall any employer in any 
way misrepresent any goods (including but without limitation its 
use, trademark, grade, quality, quantity, origin, size, substance, 
character, nature, finish, material, content or preparation) or credit 
terms, values, policies, services, or the nature or form of the busi- 
ness conducted. 

(3) No employer shall publish or circulate unjustified or unwar- 
ranted threats of legal proceedings which tend to have the effect of 
harassing competitors or intimidating their customers. 

(4) So long as the maker of any product of this Subdivision bear- 
ing the maker's name or trade mark, which has required special de- 
signing, research, or development expense (or his successor in busi- 
ness) continues to make and supply such spare, repair, and replace- 
ment parts therefor, no employer shall supply repair parts for such 
product of this Subdivision unless (a) the name of the maker of 
such copied nongenuine repair parts shall be plainly marked on each 
part (or if this is impracticable on the package or tag) so that the 
ultimate user is clearly informed by marking on such parts, pack- 
ages, tags, and in catalogues, price lists, quoted prices, advertise- 
ments or advertising literature of the manufacturer of such copied 
nongenuine parts, that said parts were not made by the original 
maker of the products of the employer of this Subdivision. 

(5) No employer shall furnish to any purchaser, and/or his agent, 
directly or indirectly, detailed shop drawings of the products of this 
Subdivision without filing a statement of such proposed transaction 
with the Code Authority, which may approve or, with the approval 
of the Board, disapprove the transaction within ten (10) days by 
written notice to the employer. 

(6) No employer shall induce or attempt to induce a breach or 
abandonment of contract covering the purchase or sale of the prod- 
ucts of this Subdivision; provided, however, that nothing in this 
Section shall be construed to prohibit the attempt on the part of the 
owner of or licensee under any patent to induce a purchaser or future 
purchaser of any product which shall infringe said patent, to avoid 
such purchase. 

(7) It shall be an unfair trade practice for any employer to engage 
in wilfully destructive price cutting for the purpose of injuring a 
competitor and where the effect may be substantially to lessen 
competition.^ 

Article VII — Sales for Export 

The provisions of this Supplemental Code concerning pricing and 
marketing shall not apply to direct export sales of any product. A 
similar exemption may be granted by the Code Authority as to sales 
of any product destined ultimately for export. The term " Export " 
shall include all shipments to all places without the several states 
of the United States and the District of Columbia; provided, how- 



* stayed — See paragraph 2(1) of order approving this Code. 



387 

ever, that no shipment to any territory or possession of the United 
States shall be considered an export when any employer is engaged 
in the Subdivision in such territory or possession. 

Article VIII — Modifications and Terminations 

(a) As provided by Section 10 (b) of the Act, the President may 
from time to time cancel or modify any order, approval, license, 
rule or regulation issued under Title I of the Act. 

(b) Any amendments, additions, revisions, or supplements of this 
Supplemental Code, proposed by Code Authority, and adopted by 
the concurring affirmative vote of employers entitled to cast two- 
thirds or more of all the votes that might be cast by all employers 
entitled to vote thereon shall be in full force and effect upon ap- 
proval by the President. The eligibility requirements method and 
effect of such voting shall be as provided by Article V hereof. 

(c) This Supplemental Code shall terminate June 16, 1935, or 
on such date prior thereto when the Act shall be repealed or the 
President shall, by proclamation, or the Congress shall, by joint 
resolution, direct that the emergency recognized by section 1 of Title 
I of the Act has ended. 

Article IX — ^Withdrawal 

Upon thirty days' notice to the Basic Code Authority and to the 
Board this Subdivision may, upon the concurring affirmative vote 
of employers within the said Subdivision entitled to cast two-thirds 
or more of all the votes that might be cast by all employers within 
the Subdivision entitled to vote thereon, withdraw from the juris- 
diction of the Basic Code Authority. The eligibility of voters and 
the method and effect of such voting shall be in accordance with the 
provisions of Article V hereof. After and in the event such with- 
drawal is accomplished this Supplemental Code, together with the 
provisions of the Code shall become and be the sole code governing 
this Subdivision, and the Code Authority shall, for this Subdivision, 
become and be the sole Code Authority and shall perform all the 
functions with respect thereto. 

Article X — Monopolies 

Applicant imposes and shall impose no inequitable restrictions on 
membership therein. The Supplemental Code presented by it is not 
designed to promote monopoly, and shall not be so construed or ap- 
plied as to oppress or eliminate small enterprises or discriminate 
against them, and is designed to effectuate the policy of the Act. 

Article XI — Effective Date 

This Supplemental Code shall become effective and binding on 
all persons engaged in the Subdivision on the eleventh day after 
its approval. 

Approved Code No. 347 — Supplement No. 46. 
Registry No. 1414-15. 



Approved Code No. 4 — Supplement No. 3 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

WIRING DEVICE INDUSTRY 

As Approved on January 15, 1935 



ORDER 



Supplementary Code of Fair Competition for the Wiring Device 

Industry 

A division of the electrical manufacturing industry 

An application having been duly made pursuant to and in full 
<x)mplianee 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 Wiring Device Subdivision 
to the Code of Fair Competition for the Electrical Manufacturing 
Industry, and hearing having been duly held thereon and the an- 
nexed report on said Supplemental Code, containing findings with 
respect thereto, having been made and directed to the President : 

Now, therefore, on behalf of the President of the United States, 
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 Supplemental Code 
complies 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 Supplemental Code of Fair Competition be 
and it is hereby approved, subject to the following conditions: 

(1) That the last sentence of Section 2 of Article II be and it 
hereby is stayed for a period of thirty days from the effective date 
of this Supplemental Code or until the National Industrial Recovery 
Board shall, by its further order, otherwise direct. 

(2) That Section 2 of Article HI be deleted. 

(3) That Section 9 of Article VI be and it hereby is stayed pend- 
ing further study or until the National Industrial Recovery Board 
shall, by its further order, otherwise direct. 

(389) 



390 

(4) That Article VII be and it hereby is stayed for a period of 
fifteen days from the effective date of this Supplemental Code or 
until the National Industrial Recovery Board shall, by its furher 
order, otherv^ise direct. 

National Industrial Recovery Board, 
By W. A. Hareiman, Administrative 0-fJicer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

January 16^ 1936. 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the Supplementary Code of Fair Com- 
petition for the Wiring Device Industry, a Subdivision of the Elec- 
trical Manufacturing Industry. 

An application has been duly made by the Code Authority for the 
Electrical Manufacturing Industry, on behalf of the Wiring Device 
Industry, for approval of a Supplementary Code of Fair Competi- 
tion for said Wiring Device Industr3^ This Supplementary Code 
was submitted by the Code Committee of Wiring Device Industry, 
representing approximately 63% of the total volume of sales and 
85% of the members of the Industry. 

A Public Hearing was conducted in Washington on September 11, 
1934, and the Supplementary Code was revised and resubmitted in 
its present form. Every person who requested an appearance was 
properly heard in accordance with the statutory and regulatory 
requirements. 

PROVISIONS or THE SUPPLEMENTARY CODE 

The Supervisory Agency governing the Wiring Device Industry 
is appointed by the Basic Code Authority of the Electrical Manu- 
facturing Industry and is adequately representative of all the differ- 
ent elements in this Industry. Since this Wiring Device Industry 
Code is supplemental to the Code of Fair Competition for the Elec- 
trical Manufacturing Industry, it adopts all the labor provisions of 
the Basic Code, as well as all other provisions and any amendments 
that may be incorporated in the Basic Code. 

FINDINGS 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board on 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) Said Supplementary Code is well designed to promote the 
policies and purposes of Title I of the National Industrial Recovery 
Act, including removal of obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof 
and will provide for the general welfare by promoting the organiza- 
tion of industry for the 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 

(391) 



392 

fullest possible utilization of the present productive capacity of in- 
dustries, by avoiding undue restriction of production (except as may 
be temporarily required), by increasing the consumption of indus- 
trial and agricultural products through increasing purchasing power, 
by reducing and relieving unemployment, by improving standards 
of labor and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than fifty thou- 
sand employees; and is not classified by us as a major Industry. 

(c) The Supplementary Code as approved complies in all respects 
with the pertinent provisions of said Title of said Act, including 
without limitation Subsection (a) of Section 3, Subsection (a) of 
Section 7, and Subsection (b) of Section 10 thereof; and that the 
applicant group is an industrial group truly representative of the 
aforesaid Industry; and that said group nnposes no inequitable 
restrictions on admissions to membership therein. 

(d) The Supplementary Code is not designed to and will not per- 
mit monopolies or monopolistic practices. 

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

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

For these reasons, therefore, the National Industrial Kecovery 
Board has approved this Supplementary Code subject to the follow- 
ing conditions : 

1. That the last sentence of Section 2 of Article II be stayed for a 
period of thirty days from the effective date of this Supplementary 
Code or until the National Industrial Kecovery Board shall by its 
further order otherwise direct. 

2. That Section 2 of Article III be deleted. 

3. That Section 9 of Article VI be stayed pending further study or 
until the National Industrial Recovery Board shall by its further 
order otherwise direct. 

4. That Article VII be stayed for a period of fifteen days from 
the effective date of this Supplementary Code or until the National 
Industrial Recovery Board shall by its further order otherwise direct. 

For the National Industrial Recovery Board : 

W. A. Harriman, Administrative Offtcer. 
January 15, 1935. 



SUPPLEMENTAKY CODE OF FAIR COMPETITION FOR 
THE WIRING DEVICE INDUSTRY 

A DIVISION OF THE ELECTRICAL MANUEACTURING INDUSTRY 

Article I 

Section 1. To effectuate the policy of Title I of the National In- 
dustrial Recovery Act, the following provisions are established pur- 
suant to the provisions of Article XIV of the Basic Code of Fair 
Competition for the Electrical Manufacturing Industry, approved 
August 4, 1933, as a Supplemental Code of Fair Competition for the 
Wiring Device Subdivision of the Electrical Manufacturing Indus- 
try, and eleven daj^s after its approval shall, in addition to and to- 
gether with the provisions of said Basic Code and any amendments 
thereof, or additions thereto, hereafter made, be the standard of 
fair competition for the AViring Device Subdivision of the Electrical 
Manufacturing Industry, and shall be binding on every emploj^er 
thereof. 

Article II — Definitions 

Section 1. The term " Wiring Device Subdivision " of the Elec- 
trical Manufacturing Industry, or " Subdivision ", as used herein, 
means promoting the manufacture, and/or the manufacture, for 
sale of electrical wiring devices, including but without limitation 
Sockets and Receptacles, Tumbler, Toggle, Push Button and Snap 
Switches and their accessories; Attachment Plugs and Connecting 
Outlet Devices : Cord Sets for resale, including Decorative Lighting 
Outfits, Enclosed Fuses and Cutouts. 

Section 2. The term " promoting the manufacture ", as used here- 
in, shall include any person who sells or offers to sell any product 
of the Subdivision in effect as a manufacturer, or who represents 
himself as a manufacturer, in competition with employers of the 
Subdivision with respect to the primary distribution of such product. 
An}^ person who imports outside the continental United States for 
resale within the United States, any products of the Subdivision, 
shall be considered as one promoting the manufacture of such prod- 
ucts, Avith respect to the primary distribution thereof.^ 

Section 3, The term '• person "* as used herein, means a natural 
person, partnership, association, trust, trustee, trustee in bankruptcy, 
receiver, corporation, or other entity. 

Section 4. The term '' employer " as used herein, means every 
person promoting, or actively engaged in, the manufacture for sale, 
of the products of the Subdivision as herein defined. 



^ See paragraph 2 (1) of order approving this Code. 

(393) 

114532— "5 21 



394 

Section 5. The term " employee " as used herein, means anyone 
who is employed bj^ any such employer, irrespective of the method 
of compensation. 

Section 6. The term " Supervisory Agency " as used herein, means- 
the Supervisory Agency approved or appointed for the Subdivision 
in accordance with Article XII of the Basic Code. 

Section 7. The term " Basic Code " means the Code of Fair Com- 
joetition for the Electrical Manufacturing Industry. 

Section 8. The term " Code Authority " as used herein, means- 
the Code Authority for the Electrical Manufacturing Industry. 

Section 9. The terms " President " and " Act " as used herein, 
mean respectively the President of the United States and Title I 
of the National Industrial Recovery Act. 

Article III — Price Filing 

Section 1. The Supervisory Agency may determine that it is un- 
desirable to continue the filing of net price lists and/or price lists 
with discount sheets and/or fixed terms of sale or paj^ment on any 
product in respect of which such filing has heretofore been required 
under Article X of the Basic Code, and may cause such filing to 
cease. 

Section 2. The Supervisory Agency shall also cause such filing to 
cease on any product if requested by a two-thirds vote of the em- 
ployers in the Subdivision measured both by volume of sales and 
by number and the provisions of said Article X shall not apply to 
such product unless and until the Subdivision shall again request the 
Supervisory Agency in the same manner that such filing be made.^ 

Section 3. No provision of this Code relating to prices or terms 
of selling, shipping or marketing shall apply to export trade or sale 
or shipment for export trade. The term "export" shall include 
shipment to foreign countries and to the territories and posessions of 
the United States, except Alaska, Hawaii and the Canal Zone. On 
all export shipments every emploj^er shall be responsible for accept- 
ing bona fide export orders only and shall be prepared to provide 
evidence of export upon call as required by the Supervisory Agency. 

Article IV — Selling Below Cost 

Section 1. Selling below cost by any employer may be done under 
the following conditions : 

(a) With respect to any product sold competitively under net price 
lists and/or price lists with discount sheets and/or fixed terms of sale 
or payment (herein referred to as price schedules) filed with the 
Supervisory Agency, any employer may file revised price schedules 
to meet the filed lower price schedules of any other employer, pro- 
vided that the Supervisory Agency is advised that selling below cost 
is involved at the time the revised price schedules to meet competition 
are filed with the Supervisory Agency. 

(b) With respect to any product or specifications on which price 
schedules have not been filed with the Supervisory Agency, any em- 
ployer may meet the proven quoted price made on equal or equivalent 



2 Deleted — See paragraph 2 (2) of order approving this Code. 



395 

products or specifications by any other employer, provided proper 
notification of such intent has been given to the Supervisory Agency, 
(c) During the period of developing and introducing some new 
product until such time as the market demand and volume of produc- 
tion produce a cost below the price that can be reasonably changed 
therefor, any employer may sell below cost provided proper notifica- 
tion of such intent has been given to the Supervisory Agency. 

Article V — Hojiework 

Section 1. No employer shall permit or allow processing or manu- 
facture of any of his products in the homes of any employees or in 
any public or private institution except under the following condi- 
tions : 

a, A person may be permitted to engage in homework at the same 
rate of wages as is paid for the same type of work performed in the 
factory or other regular place of business if a certificate is obtained 
from the State Authority or other officer designated by the United 
States Department of Labor, such certificate to be granted in accord- 
ance with instructions issued by the United States Department of 
Labor, provided 

(1) Such person is physically incapacitated for work in a factory 
or other regular place of business and is free from any contagious 
disease: or 

(2) Such person is unable to leave home because his or her services 
are absolutely essential for 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 certificate 
on file and shall file with the Supervisory Agency the name and 
address of each worker so certificated. 

Article VI — Trade Practice Provisions 

Section 1. Misleading Advej^tishig. — 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 misrepresent any goods (including 
but without limitation its use, trade-mark, grade, quality, quantity, 
origin, size, character, nature, finish, material content or prepara- 
tion) or credit terms, values, policies, services, or the nature or form 
of the business conducted. 

Section 2. Statements Regarding Policies of Competition. — No 
employer shall make or cause or permit to be made or published 
any false or deceptive statement of or concerning the business poli- 
cies, methods, conduct, ability to perform contracts or credit standing 
of a competitor or the grade or quality of his goods. 

Section 3. Misrepresentation as to Quality and Size. — No em- 
ployer shall mark or brand products of the Subdivision with intent 
to mislead or deceive, or with the effect of misleading or deceiving 
customers or prospective customers in any material particular with 
respect to the quantity, quality, grade or substance of the products 
so marked or branded. 



396 

Section 4. Secret Rebates. — No employer shall secretly offer or 
make any payment or allowance of a rebate, refund, commission, 
credit, unearned discount, whether in the form of money or other- 
wise, nor shall any employer secretly offer or extend to any customer 
any special service or privilege not extended to all customers of the 
same class, for the purpose of influencing a sale. 

Section 5. Splitting CoTnmissions. — ^An employer shall not con- 
tinue to employ any salesman or agent, compensated in whole or in 
part on a commission or bonus basis, who shall pay or allow to any 
purcliaser any part of the commission or bonus earned bj' him in 
connection with the sale of any products of the Subdivision, or who 
shall violate any of the trade practice provisions applicable to 
employers of the Subdivision. 

Section 6. Records. — No employer shall withhold from or insert 
in any quotation, acknowledgment of order, invoice, or any other 
instrument of business procedure of the employer, whether the trans- 
action results in an order or not, any statement which falsifies the 
employer's record wholly or in part. 

Section 7. 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 busi- 
ness of the employer of such employee, the principal of such agent 
or the represented party, Avithout the knowledge of such employer, 
principal or party. Commercial bribery provisions 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. This provision shall 
not be construed to prohibit prize contests openly conducted among 
salesmen. 

Section 8. Espionage of Coinpetitors. — No employer shall procure 
or attempt to procure information from another employer concern- 
ing his business by any false or misleading statement or representa- 
tion, or by any false inpersonation of one in authority, or by bribery, 
or by any other unfair method. 

Section 9. Consignments. — No employer shall ship goods on con- 
signment, ledger balances, or on memorandum basis to any customer, 
provided, however, that nothing herein shall affect any bona fide 
contract entered into prior to the effective date of tliis Supplemental 
Code and Avhich cannot by its terms be cancelled by the employer. 
All such contracts shall be reported to the Supervisory Agency, and 
no employer shall renew any such contract.^ 

Article VII * — Liquidated Damages 

Section 1. Recognizing that the violation hy an employer of this 
Subdivision, of any provision of the Basic Code or of this Supple- 
mental Code, will disturb the normal course of fair competition in 
the Wiring Device Subdivision, 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 employers who may 



2 See paragraph 2 (3) of order approving this Code. 
* See paragraph 2 (4) of order approving this Code. 



397 

desire to do so may enter into an agreement among themselves 
embodying the following provisions: 

a. Each employer violating any provision of the Basic Code, or of 
tl^is Supplemental Code, shall pay to an impartial agent to be desig- 
nated by the Code Authority or by a majority vote of the employers 
of this Subdivision, in trust, as and for liquidated damages, upon 
determination of violation by the National Industrial Recovery 
Board, or by an impartial agency or person nominated by the Code 
Authority or designated by the assentors to this agreement and 
approved by the National Industrial Recovery Board, amounts as 
set forth below : 

(1) For the violation of any wage provision, an amount equal to 
the difference between the wages which have been paid and the 
wages which would have been paid if tlie employer had complied 
with the applicable provisions of the Code ; 

{•2) For the violation of any hour provision, an amount equal to 
the wages payable for the overtime at the regular rate payable under 
the terms of the Code, to the employee or employees who worked 
overtime ; 

(3') For the violation of any labor provision of the Code other 
than an hour or wage provision. Two Hundred Fifty (250) Dollars; 

(4) For the violation of any provision of the Basic Code or this 
Supplemental Code (other than a labor provision) involving a 
transaction incidental to or connected witli a sale of any product of 
the Subdivision, an amount equal to twenty {'20) percent of the 
actual selling price of the product sold in violation of any such pro- 
vision, or of the price at which the product should have been sold 
under this Code, if determinable, whichever is the hiirher : 

(5) For the violation of any provision of this 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) Dollars. 

Section 2. All amounts so paid to or collected by the impartial 
agent designated in accordance with Section 1, under the provisions 
of this Article, shall be applied by him as follows: First, if tlie 
violation shall have been of a labor provision of the Code, equitable 
distribution of all damages paid therefor shall be made among all 
employees directly affected by such violation; Second, if the viola- 
tion shall have been of a Code provision other than a labor provi- 
sion, the damages arising therefrom shall be utilized to defray 
proper expenses of Code Administration, and the balance, if any, 
remaining in the hands of the said impartial agent shall be dis- 
tributed semi-annually among employers of the Subdivision 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 employers of the Subdivision for the expense of Code 
Administration. 

Section 3. Assent to this Article by any employer shall be evi- 
denced by a signed statement signifying assent, filed with the Code 
Authority. Failure to assent to this Article shall not deprive any 
employer of any other right or privilege under this Code. By so 
assenting, each employer agrees with everj^ other employer and the 



398 

said impartial agent individually (a) that violation of a Code pro- 
vision shall breach this agreement and shall render the violator 
liable for the payment of liquidated damages as herein provided, 
(b) all rights and causes of action arising hereunder are assigned 
to the impartial agent, individually and in trust, and (c) that the 
impartial agent, as such assignee and as attorney in fact for each 
assenting employer, may take all proper legal action concerning 
damages found due hereunder. 

Section 4. The Code Authorit}' may waive liability for payment 
of liquidated damages for any violation it finds to have been inno- 
cently made and resulting in no material injur}'. 

Section 5. The said impartial agent as an individual, 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. 

Section 6. Nothing contained in this Article VII shall be con- 
strued or applied to (a) deprive any person of any right or right 
of action arising out of the Basic Code or of this Supplemental 
Code, or (b) relieve any employer of the Subdivision from any con- 
tractual or legal obligation arising out of the Basic Code or this 
Supplemental Code or of the Act or otherwise; nor shall violation 
of this agreement by an assenting member be deemed a violation of 
the Basic Code or of this Supplemental Code, so as to subject the 
violator to any consequence arising under Section 3 (b), Section 
3 (c), or Section 3 (f) of the Act, nor to any criminal prosecution 
of any kind. 

Article VIII — Modifications 

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

Section 2. Such of the provisions of this Supplemental Code as 
are not required by the Act to be included herein may, with the 
approval of the President, be amended or eliminated as changed 
circumstances or experience may indicate. Study of the trade prac- 
tices of the Subdivision will be continued by the Supervisor}^ Agency 
for this Subdivision, heretofore appointed by the Code Authority 
with the intention of submitting to the National Industrial Recovery 
Board through the said Code Authority for approval from time 
to time amendments of or additions to this Supplemental Code ap- 
plicable to this Subdivision. 

Article IX — Effective Date 

Section 1. This Supplemental Code shall become effective eleven 
days after its approval. 

Approved Code No. 4 — Supplement No. 3. 
Registry No. 1308-17. 



EXECUTIVE ORDERS 



399 



EXECUTIVE ORDER 

Non-Waiver of Constitutional Rights in Connection With 
Codes of Fair Competition 

• By virtue of and pursuant to the authority vested in me by Title 
I*of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 
195), and in order to effectuate the policy of said Title and to elimi- 
nate any confusion or misapprehension which may have arisen con- 
cerning the effect on constitutional rights of assent to, or cooperation 
under. Codes of Fair Competition, I hereby order that: 

(1) It is understood that neither the Government nor any member 
of industry waives, or can properly insist that the other has waived, 
any constitutional right pertaining to the Government or to an indi- 
vidual by approving, assenting to, or cooperating under a Code of 
Fair Competition. 

(2) The approval orders of all such codes heretofore approved are 
hereby modified to the extent necessary to make this Order a con- 
dition thereof, and this Order shall operate as a condition of the 
•approval of any such code hereafter approved. 

FRANKLIN D. ROOSEVELT. 
The White House, 

January 22, 1935. 

(No. 6949) 



ADMINISTRATIVE ORDERS 



401 



ADMINISTRATIVE ORDER NO. 366-20 
Hazardous Occupations, Approving a List of 



December 20, 1934. 
Mr. Algert Swanson, 

Assistant Secretary, Code Authority, 
Retail Monument Industry, 

360 N. Michigan Avenue, Chicago, Illinois. 
Dear IMr. Swanson: The following list of occupations in Retail 
Monument Industry, hazardous in nature or detrimental to health, 
has been reviewed by the National Industrial Recovery Board, and 
is hereby approved, subject to further orders bj' the National Indus- 
trial Recovery Board: 

1. Shaping of carborundum wheels 

2. Operation of carborundum wheels 

3. In the operation of lathes 

4. In all other stone cutting or polishing 

5. In oiling, cleaning or wiping machinery in motion 

6. In applying belts to a pulley in motion or assisting therein 

7. Ail work in connection with the use of power operated me- 
chanical equipment for loading, unloading, handling and conveying 

8. All work involving the lifting or handling of weights in excess 
of 80 lbs. by hand 

9. If waste material is utilized, in operating or assisting to operate 
crushing machines 

10. Sand blasting operations. 
Very truly 3^ours, 

Harry C Carr, 
Acting Division Administrator , 



402 



ADMINISTRATIVE ORDER NO. 525^ 

Code of Fair Competition for the Retail Trade in the Terri- 
tory OF Hawaii — Fixing an Allowance for Wages of Store 
Labor to be Included in the Selling Price of All Articles 
Covered by the Code 

In accordance with the provisions of Article VIII, Section 1 (b), 
of the Code of Fair Competition for the Retail Trade in the Terri- 
tory of Hawaii, and by virtue of the authority vested in it by Execu- 
tive Order No. 6859 of September 27, 1934, and otherwise, the 
National Industrial Recovery Board, upon recommendation of the 
Territorial Code Authority and the Deputy Administrator for Hawaii, 
does hereby fix the allowance for actual wages of store labor to be 
included in the selling price of all articles under the code sold to 
consumers (excepting drugs, medicines, cosmetics, toilet preparations, 
drug sundries and allied items as defined in Schedule A, Section 1, 
of the said Code and food and grocery products as defined in Schedule 
B, Section 1, of the said Code) at not less than 10% of the cost to 
the retail merchant of the article sold (as defined in Article VIII, 
Section 1 (b) of the said Code), and of all food and grocery products, 
as defined in Schedule B, Section 1, of the said Code at not less than 
6% of the cost to the retail merchant of the article sold (as defined in 
Schedule B, Section 4, of the said Code), and it is hereby 

ORDERED, that the selling price of all such articles under the 
said Code shall include such allowances for wages of store labor which 
allowance shall be added to the cost to the retail merchant as defined 
in Article VIII, Section 1 (b), of the Code, and it is further 

ORDERED, that this Order shall become eft'ective on the 14th 
day after the date hereof. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 
Harry C. Carr, 

Acting Division Administrator, Division Four. 
Armin W. Riley, 

Division Administrator, Division Six. 

Washington, D. C, 

December 20, 1934. 



403 



ADMINISTRATIVE ORDER NO. 342-17 
Hours of Labor, Partial Exemption Relevant to 



CODE OF FAIR COMPETITION FOR THE SANITARY AND WATER- 
PROOF SPECIALTIES MANUFACTURING INDUSTRY— GRANTING 
APPLICATION FOR A STAY OF THE PROVISIONS OF ARTICLE III, 
SECTION 2, OF THE CODE 

WHEREAS, application has been made by the Code Authority 
for the Sanitary and ^Yate^p^oof Specialties Manufacturing Industry 
for a stay of the operation of the provisions of Article III, Section 2, 
of the Code of Fair Competition for the Sanitary and Waterproof 
Specialties Manufacturing Industry; and 

WHEREAS, after summary investigation and report by the 
Deputy Administrator an emergency stay was deemed necessary and 
was granted to the applicant by telegram dated December 7, 1934; and 

WHEREAS, the Deputy Administrator has reported and it appears 
to the satisfaction of the National Industrial Recovery Board that 
the stay hereinafter granted is necessary and will tend to effectuate 
the policies of Title I of the National Recovery Act; 

NOW, THEREFORE, pursuant to the authority vested in the 
National Industrial Recovery Board, it is hereby ordered that the 
operation of said provisions of said Code be and they are hereby 
stayed as to all parties subject thereto from December 7, 1934, up to 
and including January 1, 1935, in so far that calender men, mill men, 
feeders, helpers and similar employees engaged in calender operations, 
shall be allowed to work eight additional hours overtime per week; 
provided that all such overtime shall be paid for at the rate of one 
and one-half times the normal wage rate. 

This Order is subject to revocation at any time. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Acting Dunsion Administrator. 

Washington, D. C, 

December 20, 193 J^. 



404 



ADMINISTRATIVE ORDER NO. 437-8 

Wages Above the Minimum, Modification of Code Approvail 

Relevant to 



AMENDING AN ORDER APPROVING THE CODE OF FAIR COMPETI- 
TION FOR THE BICYCLE MANUFACTURING INDUSTRY 

Whereas, a Code of Fair Competition for the Bicycle Manufacturing- 
Industry was approved on May 21, 1934, and 

Whereas, the Assistant Deputy Administrator has reported, and it 
appears to the satisfaction of the National Industrial Recovery Board, 
that the Order approving said Code of Fair Competition should be 
amended, 

NOW, THEREFORE, pursuant to tlia authority vested in the 
National Industrial Recovery Board, it is hereby ordered that the 
Order dated May 21, 1934, approving the Code of Fair Competition 
for the Bicycle Manufacturing Industry be and it is hereby amended 
by inserting after the words "be and it is hereby approved ; " the words 
"provided, however, that Section 3 of Article IV shall read 
"Section 3. — Wages above Minimum. 

"If an equitable adjustment of wages above the minimum 
fixed in this Code has not been made since July 1, 1933, there 
shall then be an equitable adjustment made within sixty days, 
from date of the approval of this Code. Such equitable adjust- 
ment shall mean that the differentials existing between rates 
above the minimum prior to the formulation of this Code shall 
be maintained for emploj-ees other than persons engaged in a 
managerial, executive or supervisory capacity who receive more 
than $35.00 per week, provided, however, that in no event shaU 
hourly rates of pay be reduced. If such equitable adjustment has 
not been made, the Code Authority shall submit for the approval 
of the Administrator a proposal for adjustment of wages above 
the minimum. Upon the approval by the Administrator, after 
such hearing as lie may prescribe, such adjustments shall become 
effective. " 
provided, however, that the provisions of this order be and they 
hereby are stayed for a period of fifteen (15) days; within which time 
cause*^may be shown, if any there bo, why the above provisions should, 
not become effective. 

National Industrial Recovery Board 
By W. A. Haeriman, Administrative Officer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D, C, 

December 21, 1934. 



405 



ADMINISTRATIVE ORDER NO. 7-19 
Prices, Temporary Stay Relevant to Wholesale 



CODE OF FAIR COMPETITION FOR THE CORSET AND BRASSIERE 
INDUSTRY— GRANTING APPLICATION FOR A STAY OF THE 
PROVISIONS OF ARTICLE IX, SECTIONS (i) AND (j) 

WHEREAS, an application has been made by the Code Authority 
of the Corset and Brassiere Industrj^, 232 Madison Avenue, New- 
York City for a stay of the operation of the following underlined 
provisions of Article IX, Sections (i) and (j) of the Code of Fair 
Competition for the Corset and Brassiere Industry: 

Section (i) — Wholesale Prices.— To maintain established trade 
practice, and to limit the multiplication of numbers, but without any 
attempt at price fixing, each person being free to determine the value 
to be given at each price, the following shall be the w^iolesale prices, 
per dozen, for sale to retailers, {except chain stores selling up to one 
dollar {$1.00) retail), and no intermediate prices may be used: 



$2. 00 


per 


Doz. 


S8. 50 ■ 


per 


Doz. 


S27. 00 per Doz. 


2. 25 






10.50 






30.00 


3.25 






12.00 






33.00 


4.00 






15.00 






36.00 


4.25 






16.50 






42. 00 


4.50 






18.00 






48.00 


6.00 






21.00 






54.00 


7.00 






22.50 






60.00 


8.00 






24.00 






66. 00 and up 



All merchandise shall be shipped in standard containers. No person 
may use more than one standard container for any number. If a 
customer orders merchandise to be put up in a special container, there 
shall be at least five cents (5^) additional for each container. This 
charge is to appear as a separate item on the invoice. 

Section (j) — Packing. — 11. Nothing in Section (j) is applicable to 
any shipments made to jobbers, catalog houses or chain stores selling 
up to one dollar {$1.00) retail; and 

WHEREAS, the Deputy Admmistrator has reported, and it appears 
to the satisfacticyi of the National Industrial Recovery Board that the 
stay hereinafter granted is necessary and will tend to effectuate the 
pohcies of Title I of the National Industrial Recoverv Act; 

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, hereby orders that the operation of said provisions of 
said Code be, and it is hereb}^ stayed as to all parties subject thereto 
until June 16, 1935. 

114532—35 22 



406 

This Order is subject to revocation at any time in the event of a 
subsequent showing therefor. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 
Approval recommended: 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

December 22, 1934. 



407 

ADMINISTRATIVE ORDER NO. 474-9 

Order, Code of Fair Competition for the Nee*dlework Industry 
IN Puerto Rico — Granting an Application of the Code 
Authority for the Needlework Industry in Puerto Rico and 
Approving the Recommendations of the Piece Rates Commis- 
sion FOR a Modification of Piece-Work Rates and a Condi- 
tional Exemption from Section 3 of Article IV 

WHEREAS, under the provisions of Section 5 of Article IV of the 
Code, and Section 5 of the Order of the President of the United 
States approving the said Code, dated June 28, 1934, the Piece 
Rates Commission duly established a schedule of piece-work rates 
for home-workers based upon a minimum rate of pay of two dollars 
($2.00) per week; and 

WHEREAS, upon the recommendation of the said Piece Rates 
Commission and by the Order of the National Industrial Recovery 
Board Number 474-8, dated October 19, 1934, the said piece-work 
rates were continued in effect to and including April 19, 1935; and 

WHEREAS, the said Piece Rates Commission and the Deputy 
Administrator for Puerto Rico have reported and it appears to our 
satisfaction that the Needlework Industry in Puerto Rico is in serious 
economic straits due to the substantial curtailment and falling off of 
business since the establishment of the said piece-work rates, resulting 
in wide-spread unemployment and economic distress among needle- 
workers; and 

WHEREAS, the said Deputy Administrator for Puerto Rico and 
the said Commission have reported and it appears to our satisfaction 
that the condition above described is due primarily to the fact that 
certain of the said piece-work rates are excessive in their application 
to certain needlework operations, and that the periods for which 
piece-work rates have been approved in the past have been too short 
to allow for stabilization of business and planning for the future; and 

WHEREAS, the said Deputy Administrator for Puerto Rico and 
the said Commission have recommended that certain of such piece- 
work rates be modified and that a revised schedule of piece-work 
rates contained in Exhibits "A", "B", "C", "D", ''E", and ''F" 
hereto annexed be made effective until January 1, 1936; and 

WHEREAS, the Deputy Administrator for Puerto Rico has found 
and reported and it appears to our satisfaction that unless the said 
piece-work rates are made effective as modified in accordance with 
Exhibits "A", "B", "C", "D",/'E", and ''F" hereto annexed 
until January 1, 1936, the economic distress of the members of the 
Needlework Industry in the Territory of Puerto Rico and needlework- 
ers will become more acute, and that such modification will have the 
effect of securing business for the members of the said Industry and 
work for needleworkers ; and 

WHEREAS, the Code Authority for the Needlework Industry in 
Puerto Rico has made due application for such modification of said 
piece-work rates and a conditional exemption from Section 3 of 
Article IV of the Code ; and 

WHEREAS, the Governor of Puerto Rico has recommended, and 
the representative of needlework labor in Puerto Rico has stated 
that in view of the premises he does not oppose the said modification 
of the said piece-work rates and the conditional exemption lierein- 
below granted; and 



408 

WHEREAS, the reports and recommendations submitted to us 
Jiave indicated and we find that the said proposed modification of the 
said piece-work rates contained in Exhibits ''A", "B", "C", "D", 
*'E", and "F" hereto annexed and the continuance thereof until 
January f , 1936, will tend to effectuate the policies of Title I of the 
National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in it by the 
Executive Orders of the President of the United States, including 
Executive Order No. 6590-A, dated February 8, 1934 and Executive 
Order No. 6859, dated September 24, 1934, and otherwise the Na- 
tional Industrial Recovery Board does hereby order as follows: 

1. All members of the Needlework Industry in Puerto Rico be 
and they hereby are conditionally exempted from the provisions of 
Section 3 of Article IV of the Code upon the express condition, 
however, and, provided, that as to all operations itemized in Exhibits 
''A", "B", ''C", "D", "E", and ''F" on work distributed on and 
subsequent to the effective date of this order no employee of any 
member of the said industry who is engaged in work in a home shall 
be paid at less than the piece-work rates set forth in the revised 
schedule of piece-work rates contained in Exhibits "A", "B", "C", 
"D", "E", and "F" hereto annexed and made a part hereof. 

"2. The conditional exemption granted in this order and the revised 
schedule of piece-work rates contained in Exhibits "A", "B", "C", 
"D", "E", and "F" hereto annexed shall become effective on the 
8th day of January 1935, unless good cause to the contrary is shown to 
the National Industrial Recovery Board prior thereto, and another 
order amending, moclif5dng or cancelling this order be issued. 

3. The conditional exemption contained in this order and the 
revised schedule of piece-work rates contained in Exhibits "A", 
''B", "C", "D", "E", and "F" hereto annexed shall continue in 
effect until June 16, 1935, or, until January 1, 1936, if congressional 
legislation extending the National Industrial Recovery Act or the 
enactment of other congressional legislation covering the subject 
matter of the National Industrial Recovery Act permits the conditional 
exemption granted herein to be extended beyond June 16, 1935. 

4. Upon due application and upon good cause shown that the 
schedule of piece-work rates set forth in Exhibits ''A", "B", "C", 
"D", "E", and "F" hereto annexed and the conditional exemption 
herein granted do not tend to effectuate the policies of the National 
Industrial Recovery Act, all interested persons shall be afforded an 
opportunity to be heard as to amendment, modification or cancella- 
tion of tlie said schedule of piece-work rates and this order, and the 
said schedule of piece-woi'k rates and this order, may be amended, 
modified or cancelled wholly or in part as, in the discretion of the 
National Industrial Recovery Board, the ends of justice and the 
effectuation of the policies of the National Industrial Recovery Act 
require. National Industrial Recoveey Board 

By W. A. Harriman, Administrative Officer. 
Order recommended : 

Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

December 22, 1934. 



409 



ADMINISTRATIVE ORDER NO. 71-57 

Code of Fair Competition for the Paint, Varnish and Lacquer 
Manufacturing Industry — Approval of Amendment of Sched- 
ules OF Processing Costs, Packaging Costs and Handling 
AND Processing Losses 

An application having been duly made pursuant to Section 4 of 
Article XXII of the Code of Fair Competition for the Paint, Varnish 
and Lacquer Manufacturing; Industry by the Paint Industry Re- 
cover}^ Board for approval of an amendment of Schedule "B" of the 
Schedules of Processing Costs, Packaging Costs and Handling and 
Processing Losses and the Deputy Administrator having rendered 
the annexed report on said amendment of said Schedule containing 
findings with respect thereto: 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board by Executive Orders of the Presi- 
dent, by the Code of Fair Competition for the Paint, Varnish and 
Lacquer Manufacturing Industry, and otherwise, it is hereby ordered 
that said amendment and said Schedule "B" in its entirety as 
amended, and as attached hereto, be and they are herebv approved; 

PROVIDED, HOWEVER, that the approval contained in this 
order shall be subject to the provisions contained in Administrative 
Order No. 71-54, dated December 7, 1934, approving the original 
Schedules of Processing Costs, Packaging Costs and Handling and 
Processing Losses; and 

PROVIDED FURTHER, that this order and/or Schedule "B" as 
amended may be amended and/or revoked by the National Industrial 
Recoverj^ Board upon cause being shown by any interested party or 
otherwise. 

National Industrial Recovery Board 
By W. A. Harriman, Administratwe Officer. 

Approval recommended: 
Joseph F. Battley, 

Acting Division Administrator. 

V\^\shington, D. C, 

December 22, 19S4. 



410 



ADMINISTRATIVE ORDER NO. 321-16 
Hours of Labor, Temporary Stay Relevant to 



CODE OF FAIR COMPETITION FOR THE ROCK & SLAG WOOL MAN- 
UFACTURING INDUSTRY— GRANTING APPLICATION FOR A 
STAY OF THE PROVISIONS OF ARTICLE III, SECTION 1 

WHEREAS, an application has been made by the Code Authority 

for the Rock & Shig Wool Manufacturing Industry for a stay of the 

operation of the provisions of Article III, Section 1 of the Code of 

Fair Competition for the Rock & Slag Wool Manufacturing Industry: 

"No employee * * * shall be employed in excess of 

* * * eight (8) hours in any twenty-four (24) hour period 

* * * providing one and one-half (l^O times the normal rate 
of pay shall be paid for hours worked in excess of eight (8) hours 
per day", and 

WHEREAS, the Deputy Administrator has reported and it appears 
to the satisfaction of the National Industrial Recovery Board that 
the stay hereinafter granted is necessary and will tend to effectuate 
the policies of Title I of the National Industrial Recovery Act: 

NOW, THEREFORE, pursuant to the authority vested in the 
National Industrial Recovery Board, it is ordered that the operation 
of said provision of said Code be and it is hereby stayed as to all 
parties subject thereto for a period of sixty (60) days from the date 
hereof; 

PROVIDED, HOWEVER, that no employee shall be permitted 
to work in this Industry in excess of forty (40) hours per week or in 
excess of eight (8) hours in any twenty-four (24) hour period except 
as otherwise provided in the C5ode of Fair Competition for the Rock 
& Slag Wool Manufacturing Industry or for the purpose of changing 
shifts, and in sucli cases no employee shall be permitted to work in 
excess of sixteen (16) hours in any twenty-four (24) hour period; pro- 
vided, that such change of shifts shall not occur more frequently than 
once in any fourteen (14) day period; and provided that the rate of 
pay on any such changje da,y is exempt from the overtime provisions 
for hours worked in excess of the dailv maximum ; and 

PROVIDED, FURTHER, this order shall be subject to cancella- 
tion in the event of a subsequent showing of proper cause therefor. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

December 22, 1934. 



411 



ADMINISTRATIVE ORDER NO. 196-41 

Loss Limitations Provisions, Staying the Effective Date of 
AN Amendment Relevant to 



CODE OF FAIR COMPETITION FOR THE WHOLESALE FOOD AND 
GROCERY TRADE— GRANTING APPLICATION FOR A FURTHER 
STAY OF THE TAKING EFFECT OF AN AMENDMENT TO THE 
FIRST PARAGRAPH OF ARTICLE VII, SECTION 12 

WHEREAS, an Administrative Order dated November 23, 1934, 
approved certain amendments to the Code of Fair Competition for 
the Wholesale Food and Grocery Trade, including an amendment 
to the first paragraph of Article VII, Section 12 thereof, but pro- 
vided that said amendment to the first paragraph of Article VII,^ 
Section 12 shall not become effective until thirty (30) days after the 
date of said order; and 

W^HEREAS, an application has been made by the Code Authority 
for a further stay of the taking effect of said amendment to the first 
paragraph of Article VII, Section 12; and 

WHEREAS, the Deputy Administrator has reported, and it 
appears to the satisfaction of the National Industrial Recovery 
Board, that the further stay hereinafter granted is necessary and will 
tend to effectuate the policies of Title I of the National Industrial 
Recovery Act: 

NOW, THEREFORE, pursuant to authority vested m the Na- 
tional Industrial Recover}^ Board, it is hereby ordered that the 
taking effect of said amendment to Article VII, Section 12 of said 
Code be, and it is hereby, further stayed as to all parties subject 
thereto for a period of forty-five (45) days from the date hereof: 
Provided, however, that nothing herein contained shall prevent 
cancellation of this order at any time. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D, C, 

December 22, 1934. 



412 



ADMINISTRATIVE ORDER NO. 259-18 
Hours and Wages, Partial Extension of Stay Relevant to 



CODE OF FAIR COMPETITION FOR THE HAT MANUFACTURING 
INDUSTRY— EXTENDING ORDER NO. 259-13 

WHEREAS, Order No. 259-13, approved October 19, 1934, 
stayed the application of the provisions of Article III, Section 2, and 
Annex A of the Code of Fair Competition for the Hat Manufacturing 
Industry, for a period of sLxty (60) days; and 

WHEREAS, the Deputy Administrator has recommended, and it 
appears to the satisfaction of the National Industrial Recovery 
Board that said sta}^ be extended from December 19, 1934, up to 
and including February 17, 1935; 

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, hereby 
orders that said Order No. 259-13, with the exception of that part of 
said Order which pertains to the making of a report at the end of 
sixty (60) days, be and it is hereby extended from December 19, 
1934, up to and including February 17, 1935. 

This Order may be revoked at any time in the event of a subse- 
quent showing of proper cause therefor. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Acting Division Administrator. 

Washington, D. C, 

December 2^, 1934. 



413 



ADMINISTRATIVE ORDER XO. 43-63 

Prices, Extexsiox of the Declaratiox of E:viergexcy axd 
establishmext of miximum 



CODE OF FAIR COMPETITIOX FOR THE ICE IXDUSTRY— APPROV- 
ING EXTEXSIOX OF AD.MIXISTRATIVE ORDER XUMBER 43-3-i 

WHEREAS, on September 17, 1934 Administrative Order Num- 
ber 43-34 was approved whereby an emergency was declared to 
exist in the ice industry within the competitive area consisting of the 
boroughs of Manhattan, Bronx, Brooklyn and Queens in the City 
and State of New York, and 

WHEREAS, said Order fixes the minimum prices at which ice may 
be sold in said competitive area, and 

VrHEREAS, said Order was declared to remain in effect until 
December 26, 1934, and 

WHEREAS, it appears that an extension of said Order is necessary 
to remedy this emergency and to effectuate the purposes of the 
National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, it is hereby ordered that Adminis- 
trative Order Number 43-34, be and the same hereby is extended for 
fifteen days unless the said Board upon causing this Order to be 
reviewed at any time, shall otherwise order. 

Natioxal Ixdustrial Recovery Board 
By W. A. Harrimax, Administrative Officer. 

Approval recommended: 
Armix W. Riley, 

Dirisioti Administrator. 

Washixgtox, D. C, 

December 24, 1934. 



414 



ADMINISTRATIVE ORDER NO. 71-58 
Selling Below Cost, Shellac Varnish, Stay Relevant To 



CODE OF FAIR COMPETITION FOR THE PAINT, VARNISH AND 
LACQUER MANUFACTURING INDUSTRY- GRANTING APPLICA- 
TION FOR A STAY OF THE PROVISIONS OF ARTICLE XXII INSO- 
FAR AS SAID ARTICLE APPLIES TO THE MANUFACTURE AND 
SALE OF SHELLAC VARNISH 

WHEREAS, an application has been made by the Paint Industry 
Recovery Board, 2201 New York Avenue, Washington, D. C, for 
a stay of the operation of the provisions of Article XXII of the Code 
of Fair Competition for the Paint, Varnish and Lacquer Manufac- 
turing Industry insofar as said Article applies to the manufacture 
and sale of shellac varnish ; and 

WHEREAS, the Deputy Administrator has reported, and it appears 
to the satisfaction of the National Industrial Recovery Board, that 
the stay hereinafter granted is necessary and will tend to effectuate 
the policies of Title I of the National Industrial Recovery Act: 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, it is hereby ordered that the opera- 
tion of said provisions of said Code be, and it is hereby, stayed as to 
the manufacture and sale of shellac varnish for a period of thirty (30) 
days from the date hereof. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

December 24, 1934. 



415 



ADMINISTRATIVE ORDER NO. 38-17 
Trade Practices, Stay Removed 



CODE OT FAIR COMPETITION FOR THE BOILER MANUFACTURING 
INDUSTRY— REMOVING STAY OF SECTION 1, ARTICLE VIII, 
AMENDMENT NO. 1 

WHEREAS, a stay of the provisions of Section 1, Article VIII, 
Amendment No. 1 to the Code of Fair Competition for the Boiler 
Alanufactiiring Industry has heretofore been issued under an order of 
September 27th, 1934, as amended by the orders of October 19, 1934 
and November 30, 1934, respectively; and 

WHEREAS, the said Order as thus amended provided an oppor- 
tunity for good cause to be shovMi why the aforesaid provisions should 
not be so stayed; and 

WHEREAS, a public hearing was held on this matter on November 
7, 1934, upon due and proper notice; and 

WHEREAS, the matter as presented at said public hearing has been 
receiving the consideration of the National Industrial Recovery 
Board; and 

WHEREAS, it now appears that the applicant for said stay, 
Wickes Boiler Company of Saginaw, Michigan, has withdrawn all 
objections to the application of the provisions of Section 1, Article 
VIII of Amendment No. 1 to the above Code and has requested that 
the stay heretofore placed upon said provisions be terminated; and 

WHEREAS, good and sufficient reason otherwise appears for the 
termination of said stay: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to authority 
vested in it by Executive Order No. 6859 issued by the President under 
date of September 27th, 1934, and otherw-ise, does hereby order as 
follows: 

That the aforesaid stay relative to Section 1, Article VIII, of 
Amendment No. 1 to the Code of Fair Competition for the Boiler 
Manufacturing Industry be and the same is hereby terminated. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

December 26, 1934. 



416 



ADMINISTRATIVE ORDER NO. 173-8 

Order, Code of Fair Competition for the I>dustry Engaged 
IN the Smelting and Refining of Secondary Metals into 
Brass and Bronze Alloys in Ingot Form — Operations or 
Occupations Deemed Hazardous or Detrimental to the 
Health of Persons Under Eighteen Years of Age 

The Code Authority for the Industry Engaged in the Smelting and 
Refining of Secondary Metals Into Brass and Bronze Alloys in Ingot 
Form, in accordance with Section 1 of Article Y, of the Code of Fair 
Competition for the Industry Engaged in the Smelting and Refining 
of Secondary Metals Into Brass and Bronze Alloys in Ingot Form, 
has submitted to the National Industrial Recovery Board a list of 
occupations deemed hazardous in nature or detrimental to the 
health of persons under eighteen (18) years of age in this Industry^ 
within the meaning of Section 1 of Article Y, which are as follows: 

A. All employment in or about metal scrap yards. 

B. In or about smelters or other places in which the heating and 
smelting of metals is carried on. 

C. As drivers or assistants to drivei's of motor veliicles or as helpers 
on motor vehicles. 

D. In or assisting in, the operation of gas, oil or steam engines or 
other prime movers. 

E. In the care, custody, operation or repair of elevators, cranes, 
derricks, or other hoisting apparatus, except in the operation of (1) 
dumbwaiters as defined by the American Standards Association, or 
(2) of elevators equipped only for automatic operation. 

F. In oiling, cleaning or wiping machinery or shafting in motion. 

G. In applying belts to pulleys in motion or assisting therein. 

Pursuant to Section 1 of Article Y, the National Industrial Re- 
covery Board does hereby approve the recommendation of the Code 
Authority that work performed in the operations listed above is 
hazardous in nature and is detrimental to health within the meaning 
of Section 1 of Article Y, and orders that it shall have the same 
force and effect as other provisions of the Code, this Order to become 
effective twenty (20) days after the date hereof, unless prior to that 
date good cause to the contrary shall have been shown to the Board 
and it has, by its further Order, otherwise determined. 

National Industrial Recovery Board 
By W. P. Ellis, Acting Division Administrator. 

Approval recommended: 
W. A. Janssen, 

Deputy Administrator. 

Washington, D. C, 

December 26, 1934. 



417 



ADMINISTRATIVE ORDER NO. 151-31 
Exceptions and Exemptions, Extending Effectiveness of 



CODE OF FAIR COMPETITION FOR THE MILLINERY INDUSTRY- 
EXTENDING THE TIME LIMIT AS SET FORTH IN ARTICLE IV, 
SECTION 7 OF THE CODE OF FAIR COMPETITION FOR THE 
MILLINERY INDUSTRY, TO JANUARY 15, 1935 

WHEREAS, Article IV, Section 7 of the Code of Fair Competition 
for the Millineiy Industry, as amended November 9, 1934, pro\ddes 
as follows: 

"All exceptions or exemptions heretofore recommended by the 
Special Milliner}' 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; pro- 
vided, however, that all exceptions and /or exemptions shall 
remain subject to the right of revocation b}'^ the National Indus- 
trial Recovery Board. The Special MilJinery Board ma^^, 
upon application, and after hearing and due consideration, 
recommend the continuance, re\'ision or modification of these 
exceptions or exemptions;" and 
WHEREAS, the Special Milhnery Board has recommended that 
the time limit as provided for in Article IV, Section 7 of said Code be 
extended to January 15, 1935; and 

WHEREAS, the Deputy Administrator has recommended, and it 
appears to the satisfaction of the National Industrial Recovery 
Board that the time limit as pro^'ided for in Article IV, Section 7 
should be extended to Januarv 15, 1935; 

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; hereb}^ 
orders that the time limit provided for in Article IV, Section 7 of said 
Code be and it is hereby extended to Januaiy 15, 1935. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 

Prentiss L. Coonley, 
By Harry S. Berry, 

Acting Division Administrator. 

Washington, D. C, 

December 26, 1934. 



418 



ADMINISTRATIVE ORDERS NOS. 1-102A, 48-24A AND 

3-39A 



EXECUTIVE ORDER— AMENDING EXECUTIVE ORDER NO. 6878 
PROVIDING RULES AND REGULATIONS FOR THE COTTON, 
SILK AND WOOL TEXTILE WORK ASSIGNMENT BOARDS 

By virtue of and pursuant to the authority vested in me under 
Title I of the National Industrial Recovery Act (48 Stat. 195, U. S. C, 
Title 15, Sec. 701) and under the Codes of Fair Competition for the 
Cotton Textile Industry, the Silk Textile Industry and the Wool 
Textile Industry, it is hereby ordered that the Cotton Textile Work 
Assignment Board, the Silk Textile Work Assignment Board and the 
Wool Textile Work Assignment Board shall not be required to pre- 
sent before January 1, 1935, the recommendations provided for in 
Section 2 of Executive Order No. 6878, dated October 16, 1934, but 
that such Boards shall submit such recommendations within a reason- 
able time after January 1, 1935, and in the meantime shall make to 
the Secretary of Labor monthly reports of their activities and progress. 

FRANKLIN D. ROOSEVELT. 

The White House, 

December 27, 1934. 

(No. 6930) 



419 



ADMINISTRATIVE ORDER NO. 71-59 

Code of Fair Competition for the Paint, Varnish and Lacquer 
Manufacturing Industry — Approval of Amendment of Sched- 
ules OF Processing Costs, Packaging Costs and Handling 
AND Processing Losses 

Applications having been duly made pursuant to Section 4 of 
Article XXII of the Code of Fair Competition for the Paint, Varnish 
and Lacquer Manufacturing Industry by the Paint Industry Re- 
coverv Board for approval of an amendment of Schedule "A" of the 
Schedules of Processing Costs, Packaging Costs and Handling and 
Processing Losses and the Deputy Administrator having rendered the 
annexed report on said amendment of said Schedule containing find- 
ings with respect thereto: 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board by Executive Orders of the Presi- 
dent, b}^ the Code of Fair Competition for the Paint, Varnish and 
Lacquer Manufacturing Industry, and other\^'ise, it is hereby ordered 
that said amendment and said Schedule "A" in its entirety as 
amended, and as attached hereto, be and thev are hereby approved; 

PROVIDED, HOVv'EVER, that the approval contained in this 
order shall be subject to the provisions contained in Administrative 
Order No. 71-54, dated December 7, 1934, approving the original 
Schedules of Processing Costs, Packaging Costs and Handling and 

PROVIDED FURTHER, that this order and/or Schedule ''A" 
as amended may be amended and/or revoked by the National In- 
dustrial Recovery Board upon cause being shown by any interested 
party or otherwise. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

December 28, 1934. 



420 



ADMINISTRATIVE ORDER NO. 330 A-7 

Supplemental Code of Fair Competition for the Waste Paper 
Trade — Cancelling Administrative Order No. 330 A-6 Deter- 
mining Minimum Prices on Certain Grades of Waste Paper 

WHEREAS, Article IV, Sections 1 and 2 of the Supplemental Code 
of Fair Competition for the Waste Paper Trade provides that the 
National Industrial Recovery Board may in certain instances proceed 
to determine stated minimum prices for waste paper and publish the 
same, following which no member of the trade shall sell below such 
stated minimum prices; and 

WHEREAS, pursuant to said Article IV, Sections 1 and 2 of said 
Code, the National Industrial Recovery Board did, by Administrative 
Order No. 330 A-6, revising- and superseding Administrative Order 
No. 330 A-2 and revising Administrative Order No. 330 A-3, deter- 
mine minimum prices for certain grades of waste paper and publish 
the same November 16, 1934, effective November 19, 1934; and 

WHERExA.S, upon review it appears to the satisfaction of the 
National Industrial Recovery Board that the continuance of said 
Administrative Order No. 330 A-6 mil not tend to effectuate the 
policies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board by the Executive Order of Septem- 
ber 27, 1934, and otherwise, it is hereby ordered that said Adminis- 
trative Order No. 330 A-6 be and the same is hereby cancelled, 
effective on the tenth (10th) day after the date hereof, unless prior 
thereto cause be shown and further order be issued. 

National Industrial Recovery Board 
By \Y. A. Harriman, Administrative Officer. 

Approval recommended: 
Harry C. Carr, 
Acting Division Administrator. 

Washington, D. C, 

December 28, 1934. 



421 



ADMINISTRATIVE ORDER NO. 2-29 
Hours of Labor, Granting Specified Exemptions Relevant to 



CODE OF FAIR COMPETITION FOR THE SHIPBUILDING AND SHIP 
REPAIRING INDUSTRY AS AMENDED— GRANTING FURTHER 
EXEMPTION FROM PROVISIONS OF PART 3, SECTIONS (a) AND 
(b), OF EMPLOYEES ENGAGED IN TESTING INSTALLATIONS, 
MACHINERY AND EQUIPMENT FOR SHIPS, DOCK TRIALS AND 
SEA TRIALS 

WHEREAS, Part 3, Sections (a) and (b), of the Code of Fair 
Competition for the Shipbuilding and Shiprepairing Industry, as 
amended, provides as follows: 

" (a) Shipbuilding. — No employee on an hourly rate shall be per- 
mitted to work more than thirty-six (36) hours per week. If an 
employee on an hourlj^ rate works in excess of eight (8) hours in any 
one day, the wage paid will be at the rate of not less than one and 
one-half (1)0 times the regular hourly rate, but otherwise according 
to the prevailing custom in each port, for such time as may be in 
excess of eight (8) hours. 

" (b) Shiprepairing. — No employee on an hourly rate shall be per- 
mitted to work more than thirty-six (36) hours per week averaged 
over a period of six (6) months, nor more than forty (40) hours during 
any one week. If any employee on an hourly rate works in excess of 
eight (8) hours in any one day, the wage paid will be at the rate of 
not less than one and one-half (IK) times the regular hourly rate, but 
otherwise according to the prevailing custom in each port, for such 
time as may be in excess of eight (8) hours."; and 

WHEREAS, by Admmistrative Order dated April 27, 1934, an 
exemption from the provisions of the above Part 3, Sections (a) and 
(b), was granted for a period of sixty (60) days from the date of said 
order to permit exceeding the maximum hours of work of employees 
provided in the Code in testing installations, machinery and equip- 
ment for ships, dock trials and sea trials; and 

WHEREAS, by Admmistrative Order dated June 20, 1934, a 
further extension of the aforesaid exemption was granted for a period 
of six (6) months from and after June 27, 1934; and 

WHEREAS, an application has been made by the Shipbuilding and 
Shiprepairing Industry Committee for a further extension of the afore- 
said exemption from the provisions of Part 3, Sections (a) and (b), of 
the Code of Fair Competition for the Shipbuilding and Shiprepairing 
Industry from December 27, 1934 to June 16, 1935; and 

WHEREAS, the Deputy Administrator has reported, and it appears 
to the satisfaction of the National Industrial Recovery Board that the 
further exemption hereinafter granted is necessary and wiU tend to 
effectuate the policies of Title I of the National Industrial Recovery 
Act; 

114532—35 23 



422 

NOW, THEREFORE, the National Industrial Recovery Board, 
pursuant to authority vested in it by Executive Orders of the Presi- 
dent, including Executive Order 6859, and otherwise, does hereby 
order: 

That an exemption from the maximum hour provisions of the Code 
contained in Part 3, Sections (a) and (b), as amended, be and it 
hereby is granted from December 27, 1934 to June 16, 1935 to permit 
employees to exceed the maximum hour provisions of the Code 
employed in testing installations, machinery and equipment for ships, 
dock trials and sea trials; provided however, that if an employee on 
an hourly rate works in excess of eight (8) hours lq any one day or in 
excess of thirty-six (36) hours in any one week he shall be paid at the 
rate of at least one and one-half (Iji) times his regular hourly rate for 
overtime so worked; however, in the computation of pay when such 
an employee works during any one week' overtime in excess of both 
eight (8) hours per day and thirty-six (36) hours per week, the over- 
time pay shall not be compounded by addition of both daily and 
weekly overtime, but the employee shall be paid either the sum of the 
overtime pay earned during the overtime days or the overtirne pay 
earned during the overtime week, whichever is the higher for said 
week; and, provided further, that in each case where Code hours are 
exceeded hereunder the facts and circumstances shall be reported to 
the Code Authority and the Industrial Relations Committee on a 
form stipulated by said Industrial Relations Committee. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

December 29, 1934. 



423 



ADMINISTRATIVE ORDER NO. X-122-1 

Staying, Until January 21, 1935, Administrative Order No. 
X-122, Approving Certain Principles and Rules of Pro- 
cedure, AND Certain Interpretations, Modifications of 
Approvals of, and Exemptions From, Affected Provisions 
OF Certain Codes, to Eliminate Conflicts and Overlaps of 
Such Codes with the Code of Fair Competition for the 
Graphic Arts Industries 

WHEREAS, Administrative Order No. X-122, dated December 
14, 1934, and designed to eliminate conflicts and overlaps of the 
Graphic Arts Code and certain other codes, provides that such 
Order shall become effective twenty (20) days from the date thereof, 
and 

WHEREAS, the National Industrial Recovery Board has found, 
on the basis of information properly before it, that the effective date 
of said Order should be stayed pending further consideration of 
criticisms and suggestions of interested parties concerning said Order, 

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 order; 

(1) that the operation of the provisions of Administrative Order 
No. X-122, be and it is hereby stayed until January 21, 1935, and 

(2) that said Order shall take effect on January 21, 1935, unless 
good cause to the contrary is shown to the National Industrial 
Recovery Board prior thereto, and a subsequent Order is issued 
rescinding or modifying said Order. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Jack B. Tate, 
Acting Division Administrator. 

Washington, D. C, 

December 31, 1984. 



424 



ADMINISTRATIVE ORDER NO. 525-5 

Territorial Adjudication and Delegation of Additional Power 
TO the Deputy Administrator 



CODE OF FAIR COMPETITION FOR THE RETAIL TRADE IN THE 
TERRITORY OF HAWAII— SUPPLEMENTING ADMINISTRATIVE 
ORDER X-72 

WHEREAS, the Deputy Administrator for the Territory of Hawaii 
and the Territorial Code Authority have reported, and it appears to 
the satisfaction of the National Industrial Recovery Board that the 
local conditions obtaining in the Territory of Hawaii require special 
and individual consideration and treatment insofar as exemptions of 
the members of the Retail Trade from the operation of the provisions 
of the Code are concerned; and 

WHEREAS, the said Deputy Administrator and the said Code 
Authority have reported, and it appears to the satisfaction of the 
National Industrial Recovery Board that the provisions of this Order 
are necessary and will tend to effectuate the policies of Title I of the 
National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to the authority vested in the 
National Industrial Recovery Board by Executive Order No. 6710, 
approved May 15, 1934, and Executive Order No. 6859, approved 
September 27, 1934, and otherwise, it is hereby ordered as follows: 

1. The entire area of the Island of Oahu in the Territory of Hawaii 
shall be deemed to be within the immediate trade area of the City of 
Honolulu. 

2. The entire area of the Island of Hawaii in the Territory of Hawaii 
shall be deemed to be within the immediate trade area of the City of 
Hilo. 

3. The entire area of the islands of Maui, Molokai and Lanai re- 
spectively in the Territory of Hawaii shall be deemed to be within the 
immediate trade area of the Village of Wailuku. 

4. The entire area of the Island of Kauai in the Territory of Hawaii 
shall be deemed to be within the immediate trade area of the Town of 
Lihue. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 
Harry C. Carr, 
Acting Division Administrator. 

Washington, D. C, 

December 31, 1934. 



425 



ADMINISTRATIVE ORDER NO. 463-23 

Code of Fair Competition for the Candy Manufacturing In- 
dustry — Approving Rules and Regulations Governing the 
Sale of Distressed Merchandise Pursuant to Rule 4 of 
Article VIII of the Code 

WHEREAS, pursuant to Article VIII, Rule 4 of the Code of Fair 
Competition for the Candy Manufacturing Industry, the Code Au- 
thority has submitted to the National Industrial Recoverv Board, 
the following rules and regulations governing the sale of distressed 
merchandise by members of the Candy Manufacturing Industry: 

Distressed Merchandise is defined as candy in suitable condition for 
human consumption which is defective, etc., only because of seasonal 
or market conditions and which must be disposed of to prevent fur- 
ther loss to the manufacturer. 

Sales of such candy at a price below cost may be made by a member 
of the industry under the following conditions: 

1. AVhere the name of the product appears on the container, or in 
the case of an all-over name design, at least once on the top and each 
side of the container, the words "Distress Mdse." shall be stamped or 
marked clearly and indelibly across the name of the product, and such 
stamping or marking shall be done in letters not less than one half inch 
in height. 

2. The member shall furnish immediately both the Code Authority 
and the chairman of the zone in which the member's place of business 
is located, the name and filed price of the product, the quantity sold, 
all terms and conditions of sale, a description of the product, the names 
and addresses of the buyer or buyers, and the facts as to why the mem- 
ber deems the goods to be distressed merchandise. 

3. All wrappers shall be removed by the member from each wrapped 
bar and each piece of penny goods. 

4. Candy made for a special day or holiday shall not be sold as dis- 
tressed merchandise prior to the day or holida}^ for which it was made. 

5. If, upon proper facts, the Code Authority shall consider that a 
member of the industry has engaged in the sale of distressed merchan- 
dise as a subterfuge to evade the provisions of this Code, it may, 
subject to the approval of the Administrator, require that such meni- 
ber shall first secure the approval of the Code Authority as a prelimi- 
nary to any future sale of distressed merchandise by such member; and 

WHEREAS, the Deputy Administrator has recommended and it 
appears to our satisfaction that the purposes of the Code and of Title I 
of the National Industrial Recovery Act will be promoted by the 
adoption of the above rules; 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, it is ordered that the above rules 
and regulations governing the sale of distressed merchandise by mem- 



426 

bers of the Candy Manufacturing Industry, be, and the same are, 
approved and shall become effective on the tenth day after the date 
hereof unless prior to such time good cause to the satisfaction of the 
National Industrial Recovery Board shall be shown to the contrary 
and a further order is issued by it. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 2, 1935. 



427 



ADMINISTRATIVE ORDER NO. 333-15 

Cost Accounting, Sales and Price Listings, Partial Stay 

Relevant to 



CODE OF FAIR COMPETITION FOR THE CANVAS GOODS INDUS- 
TRY—STAYING THE PROVISIONS OF ARTICLE VII B, SECTIONS 
1 (b) 2, 3, 3 (a), 3 (b), 4, 5, 6, 7, 8, 9 AND 10 

WHEREAS, representations have been made to the Administra- 
tion that the provisions of Article VII B, Sections 1 (b), 2, 3, 3 (a), 
3 (b), 4, 5, 6, 7, 8, 9 and 10^ of the Code of Fair Competition for the 
Canvas Goods Industry are operating to promote monopolies and to 
eliminate and oppress smaU enterprises, and 

WHEREAS, a public hearing was held on December 14, 1934, and 
the Deputy Administrator has reported and it appears that the stay 
hereinafter granted is necessary and wiU tend to effectuate the poUcies 
of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board by Executive Orders of the Presi- 
dent, including Executive Order No. 6859, dated September 27, 1934, 
and otherwise; it is hereby ordered that the operations of said pro- 
visions of said Code be, and they are hereby stayed as to all parties 
subject thereto pending the issuance of a further order. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 

Prentiss L. Coonley, 
By Harry S. Berry, 

Acting Division Administrator. 

Washington, D, C, 

January 2, 1935. 



428 



ADMINISTRATIVE ORDER NO. 275B-19 

Written Agreements With Jobbers, Further Extension of 
Provisions Requiring 



CODE OF FAIR COMPETITION FOR THE CARBON DIOXIDE 
INDUSTRY (A DIVISION OF CHEMICAL MANUFACTURING 
INDUSTRY) 

WHEREAS, the provisions of Section 9 of Article IV of the Code 
of Fair Competition for the Carbon Dioxide Industry were, in accord- 
ance with the Order approving said Code, to be effective only until 
November 30, 1934, and 

WHEREAS, the life of such provisions was extended by Adminis- 
trative Order No. 275B-18, dated December 3, 1934, for a temporary 
period not to exceed 30 days, and 

WHEREAS, a pubHc hearing was held on December 20, 1934 to 
obtain facts pertinent to the proposed extension of said provisions 
and the matter is now being considered by the Code Authority for 
the Carbon Dioxide Industry, who have made application for a 
further temporary extension of said provisions. 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the provisions 
of said Section 9 of Article IV of the Code of Fair Competition for the 
Carbon Dioxide Industry, as amended, be and they hereby are 
continued in effect for a period of thirty days from December 30, 
1934, subject to termination at any earlier date by order of this 
Board. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Joseph F. Battley, 

Acting Division Administrator. 

Washington, D. C, 

January 2, 1935. 



429 



ADMINISTRATIVE ORDER NO. 18-18 
Hours of Operation and Labor, Stay Relevant to 



CODE OF FAIR COMPETITION FOR THE CAST IRON SOIL PIPE 
INDUSTRY— GRANTING APPLICATION FOR A STAY OF THE 
PROVISIONS OF SECTIONS 4 (a) AND 6 

WHEREAS, an application has been made by the Clay and 
Bailey Manufacturing Company, Kansas City, Missouri, the Morgan 
Foundry Company, Kansas City, Missouri, the A. Weiskittel and 
Son Company, Baltimore, Maryland, and the National Foundry 
Company of New York, N. Y, for a stay of the operation of the 
provisions of Sections 4 (a) and 6 of the Code of Fair Competition for 
the Cast Iron Soil Pipe Industry; and 

WHEREAS, hearings having been duly held thereon, and the 
Assistant Deputy Administrator has reported, and it appears to the 
satisfaction of the National Industrial Recovery Board, that the stay 
hereinafter granted is necessary and will tend to effectuate the poli- 
cies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the operation of 
said provisions of said Code be, and it is hereby, stayed as to aU 
parties subject thereto for a period of 45 days from the date hereof or 
pending a pubhc hearing to determine whether Sections 4 (a) and 6 
of said Code should be amended, provided, however, that employees 
subject to the provisions of said Section 4 (a) shall not be permitted 
to work in excess of 36 hours per week. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

January S, 1935. 



430 



ADMINISTRATIVE ORDER NO. 430-11 

Code of Fair Competition for the Package Medicine Industry — ■ 
Operations or Occupations Deemed Hazardous or Detri- 
mental TO THE Health of Persons under Eighteen Years 
OF Age 

The Code Authority for the Package Medicme Industry, in accord- 
ance with Section 1 of Article V of the Code of Fair Competition for 
the Package Medicine Industry, has submitted to the National 
Industrial Recovery Board a list of occupations deemed hazardous 
in nature or detrimental to the health of persons under eighteen (18) 
years of age in this Industry, within the meaning of Section 1 of 
Article V, which are as follows: 

1. Occupations Involving Machine Hazards 

(a) In oiling, cleaning or wiping machinery or shafting in 
motion. 

(b) In applying belts to pulleys in motion or assisting therein. 

2. Occupations Involving General Hazards 

(c) As drivers of trucks or other motor vehicles or as helpers or 
delivery boys on such vehicles. 

{d) in, or assisting in, the operation of gas, oil or steam engines 
used as prime movers. 

(e) Firing of steam or water boilers (except boilers of not more 
than 15 lbs. pressure used solely for heating purposes). 

(/) In the cutting or welding of metals by gas or electricity. 

3. Materials Invohnag Special Hazards in Handling 

(g) The handling of Phosphorus 

(A) The handling of Radium 

(i) The handling of Caustic Acids 

(j) The handling of Hydrocyanic Acid 

{k) The handling of Oil of Bitter Almonds, USP. 
Pursuant to Section 1 of Article V, the National Industrial 
Recovery Board hereby approves the recommendation of the Code 
Authority that work performed m the operations listed above is 
hazardous in nature and is detrimental to health within the meaning 
of Section 1 of Article V, and orders that it shall have the same force 
and effect as other provisions of the Code, this Order to become 
effective fifteen (15) days after the date hereof, unless prior to that 
date good cause to the contrary shall have been shown to the National 
Industrial Recovery Board and it has by its further order otherwise 
determined. 

National Industrial Recovery Board 
By Joseph F. Battley, Acting Division Administrator. 

Approval recommended: 
Earle W. Dahlberg, 

Deputy Administrator. 

Washington, D. C, 

January 3, 1935. 



431 



ADMINISTRATIVE ORDER NO. 525-6 

Code of Fair Competition for the Retail Trade in the Terri- 
tory OF Hawaii — Delegating Additional Powers to the 
Deputy Administrator for the Territory of Hawaii 

WHEREAS, numerous problems have arisen in the administration 
of the code requiring the consideration of applications for exemptions 
from and stays of the operation of the provisions thereof; and, 

WHEREAS, it appears that the normal procedure for the issuance 
of such exemptions and stays is unsuited for the administration of 
the code because of unusual and unfamiliar conditions obtaining in 
the Territory of Hawaii and the difficulties involved in communicating 
with the Deputy Administrator for the Territorv of Hawaii; 

NOW, THEREFORE, pursuant to authority vested in it by Exec- 
utive Order No. 6205-A, approved July 15, 1933, Executive Order 
6859, approved September 27, 1934, and otherwise, and it appearing 
to the satisfaction of the National Industrial Recovery Board that 
the delegation of power hereinbelow set forth will tend to effectuate 
the purposes and policies of the National Industrial Recoveiy Act and 
the Code of Fair Competition for the Retail Trade in Hawaii, the 
National Industrial Recovery Board hereby orders as follows: 

1 . The Deputy Administrator for the Territory of Hawaii is hereby 
authorized, pending the issuance of any further order of the National 
Industrial Recovery Board, to grant exemptions for a period of not 
more than ninety days from the operation of the provisions of the 
Code of Fair competition for the Retail Trade in Hawaii, which 
exemptions shall have the same force and effect as though granted by 
a Division Administrator of the National Recovery Administration. 

2. The Deputy Administrator for the Territory of Hawaii is hereby 
authorized, pending the issuance of any further order of the National 
Industrial Recovery Board, to grant stays for a period of not more 
than ninety days of the operation of the provisions of the Code of 
Fair Competition for the Retail Trade in Hawaii, which stays shall 
have the same force and effect as though granted by the National 
Industrial Recovery Board. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Harry C. Carr, 

Acting Division Administrator, Division Four. 

Linton M. Collins, 

Division Administrator, Division Eight. 

By F. J. Dufficy. 

Washington, D. C, 

January 3, 1935. 



432 



ADMINISTRATIVE ORDER NO. X-117-1 

Codes of Fair Competition for the Retail Trade, the Retail 
Jewelry Trade and the Retail Food and Grocery Trade — 
Stay of Effective Dates of Article IX, Section 4 of the 
Code of Fair Competition for the Retail Trade, Article 
VIII, Section 4 op the Code of Fair Competition for the 
Retail Jewelry Trade, and Article IX, Section 3 of the 
Code op Fair Competition for the Retail Food and Grocery 
Trade 

WHEREAS, the provisions of Article IX, Section 4 of the Code of 
Fair Competition for the Retail Trade, approved October 21, 1933 
and the provisions of Article VIII, Section 4 of the Code of Fair 
Competition for the Retail Jewelry Trade, approved November 27, 

1933, recited that the same shall not become effective until March 
1, 1934, and the provisions of Article IX, Section 3 of the Code of 
Fair Competition for the Retail Food and Grocery Trade, approved 
December 30, 1933 recited that the same shall not become effective 
until July 1, 1934, and the said provisions of the said Codes recited 
that, pending such respective effective dates, the Administrator shall 
appoint a committee of not more than three persons to investigate 
the economic and social implications of such provisions, and the 
effective date of the said provisions of the Code of Fair Competition 
for the Retail Trade has been extended to July 1, 1934, by Executive 
Order No. 6467, dated November 27, 1933, and the effective date of 
the said provisions of the Code of Fair Competition for the Retail 
Jewelry Trade has been extended to May 1, 1934 by Administrative 
Order No. 142-10, dated February 28, 1934 and further stayed to 
October 1, 1934 by Administrative Order No. 142-13, dated April 30, 

1934, and the respective effective dates of the said provisions of the 
said codes have been further extended to December 1, 1934, by Ad- 
ministrative Order Nos. 60-104, 142-13, 182-12, dated June 13, 1934, 
and the operation of the said provisions of the said codes have been 
further stayed to January 5, 1935, by Administrative Order No. 
X-117, dated November 28, 1934; and, 

WHEREAS, the said Committee has been appointed, and has 
rendered its report dated October 22, 1934; and 

WHEREAS, the said report of said Committee has been considered, 
and it appears that the said Committee recommends, among other 
things, that the said provisions relating to Company Scrip be elimi- 
nated and that certain other provisions be substituted in lieu thereof; 
and it further appears that for the time being, it is desirable to stay 
further the said provisions, and similar provisions that may exist in 
anv other Code or Codes: 

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 



433 

Executive Order No. 6859, and otherwise, "^does hereby stay for thirty 
(30) days, to and including the sixth day of February 1935, or such 
prior date as may be further ordered, the provisions relating to Com- 
pany Scrip set forth in the said Article IX, Section 4 of the said 
Code of Fair Competition for the Retail Trade, and the said Article 
VIII, Section 4, of the said Code of Fair Competition for the Retail 
Jewelry Trade, and the said Article IX, Section 3, of the said Code 
of Fair Competition for the Retail Food and Grocery Trade, and 
similar provisions that may exist in any other Code or Codes. 

National Industrial Recovery Board 
W. A. Harriman, Administrative Officer. 

Approval recommended: 
Harry C. Carr, 

Acting Dimsion Administrator, Division Four. 

Washington, D. C, 

January 4, 19S5. 



434 



ADMINISTRATIVE ORDER X-130 

Interpreting Provisions in Codes Which Extend Minimum 
Hourly Rates of Pay to Piece- Workers 

Pursuant to authority vested in the National Industrial Recovery 
Board under Title I of the National Industrial Recovery Act by Execu- 
tive Orders of the President, including Executive Order No. 6859, 
dated September 27, 1934, and otherwise, it is hereby ordered that 
provisions in codes which extend the application of minimum hourly 
rates of pay established therein to employees engaged on a piece-work 
basis be and they hereby are interpreted as follows: 

Under any such provision in any code, an employer shall compute 
the minimum compensation payable to each piece-work employee on 
the basis of a period of not more than seven consecutive days. Each 
employer shall pay to each of his piece-work employees for work 
performed by said employee during such period an amount not less 
than the product of the minimum hourly rate prescribed in said code 
multiplied by the number of hours worked by said employee during 
such period . 

If any such provision in a code as thus applied should work hard- 
ship in any case by reason of peculiar circumstances or methods of 
operation, the employer affected thereby may apply for an exemption 
to such provision. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Washington, D. C, 

January 4, 1935. 



435 



ADMINISTRATIVE ORDER NO. 470-8 

Code of Fair Competition for the Aluminum Industry — As 
Approved for a Further Trial Period 

WHEREAS, pursuant to authority vested in him by order of the 
President, the Administrator for Industrial Recovery, by his Order 
dated June 26, 1934, approved the Code of Fair Competition for the 
Aluminum Industry for a trial period of ninety days commencing 
July 11, 1934, the effective date prescribed in said Code; and 

WHEREAS, by Order No. 470-5, dated October 8, 1934, the said 
Order of Approval was modified by extending said trial period for a 
further period of ninety days ; and 

WHEREAS, an investigation of the past practices of the Industry 
and any modification of such practices or effect upon such practices 
resulting from the provisions of the Code, and report thereon, have been 
made by the Division of Research and Planning of the National 
Recovery Administration, to tliis Board, as provided in said Order of 
Approval as modified ; and 

WHEREAS, insufficient tune remains before the expiration of the 
effective period of said Code to enable this Board fully to study said 
report, together with other pertinent data, in order to determine the 
extent to which the Code has operated to protect small enterprises 
from any alleged oppression or discrimination and has aided to effectu- 
ate the policy of Title I of the Act; and 

WHEREAS, the Board finds that extension of said trial period until 
further determination b}^ this Board is in the public interest: 

NOW, THEREFORE, on behalf of the President of the United 
States, and pursuant to authority vested in it by Executive Orders of 
the President, including Executive Order 6859, dated September 27, 
1934, and otherwise, the National Industrial Recovery Board orders 
that the effective period of the Code of Fair Competition for the 
Aluminum Industry be and it is hereby extended for a further period of 
forty-five days. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
W. P. Ellis, 

Acting Division Administrator. 

Washington, D. C, 

January 5, 1935. 



436 



ADMINISTRATIVE ORDER NO. 333-16 

Cost Accounting, Sales and Price Listings, Postponing Partial. 

Stay Relevant to 



CODE OF FAIR COMPETITION FOR THE CANVAS GOODS INDUSTRY 
—POSTPONING THE EFFECTIVE DATE OF ADMINISTRATIVE 
ORDER NO. 333-15 STAYING CERTAIN PROVISIONS OF THE CODE 
OF FAIR COMPETITION FOR THE CANVAS GOODS INDUSTRY 
CODE 

WHEREAS, Administrative Order No. 333-15 was signed January 
2, 1935, staying the provisions of Article VIIB, Sections 1 (b), 2, 3, 
3 (a), 3 (b), 4, 5, 6, 7, 8, 9 and 10, of the Code of Fair Competition 
for the Canvas Goods Industry, and 

WHEREAS, members of the Industry were afforded an oppor- 
tunity to file written briefs up to and including January 7, 1935, 
pertaining to the said code provisions and the Deputy Administrator 
has reported, and it appears that the postponement of the effective 
date of the stay heretofore granted is necessary and will tend to 
effectuate the poUcies of Title I of the National Industrial Recovery 
Act, 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that Administrative 
Order No. 333-15 shall become effective January 14, 1935, unless- 
good cause to the contrary is shown to the National Industrial 
Recovery Board before that date and the National Industrial Recov- 
ery 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 Administrator. 

Washington, D. C, 

January 7, 1935. 



437 



ADMINISTRATI\^ ORDER NO. X-131 

Establishing Single Assessment Principle for Establishments 
Engaged in Retail Distribution 

WHEREAS overlapping and multiple assessments imder codes of 
fair competition impose hardships on establishments operating under 
more than one code in so far as they are engaged in retail distribution ; 

NOW THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board under Title I of the National Industrial 
Recovery Act by Executive Orders of the President, includmg 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
it is hereby ordered: 

1. Definitions. — For the purposes of this order the following terms 
are defined as indicated: 

(1) A "retail establishment" or an "establishment" is a single 
estabUshment engaged in whole or in part in retail distribution. 

(2) "Principal line" is that portion of an establishment's retail 
business as defined by a code, which exceeds in dollar volume any 
other portion of that establishment's retail business subject to any 
other code. 

(3) "Prmcipal line code" is the code which governs the principal 
line of a retail establishment. 

(4) "Minor line" is a portion of an establishment's retail business 
as defined by a particular code, which portion is not the principal 
line of such establishment. 

(5) "Minor line code" is the code which governs a minor line of a 
retail estabUshment. 

2. Any exemption granted by Paragraph III of Administrative 
Order X-36 or by Administrative Order X-78 shall cease to be in 
effect on and after January 1, 1935, in so far as it applies to the retail 
business of retail establishments. 

3. The principle that a single retail establishment in so far as it is 
engaged in retail distribution shall pay a single assessment upon its 
total retail business for the expenses of code administration is hereby 
recognized and established as follows: 

(a) Every retail establishment shall, except as otherwise hereinafter 
provided, contribute a single assessment to the expense of administra- 
tion of its principal Une code based upon its total retail business 
either (1) at the rate of assessment approved for such principle line 
code, or (2) upon its principal line at the rate of assessment approved 
for the principal line code, and upon each minor line at the rate 
approved for each minor line code. 

4. In order to effect the foregoing single assessment principle, it is 
further ordered: 

(a) Any retail establishment which makes payment to the expenses 
of administration of its principle line code authority as provided in 
paragraph 3 hereof, and duly certifies such fact shall thereby be 

114532—35 24 



438 

•exempt from any obligation to contribute to any minor line code 
authority for the period for which such payment has been made. 
Such certification shall be made to any retail code authority requesting 
contribution, and shall state the date and amount of and the period 
covered by such payment. 

(b) An establishment, in computing such payment to the principal 
line code authority, may deduct, and shall receive credit, fer that 
portion of its retail business and for that period (to the extent that 
such period is within the period of the current assessment) for which 
payment has been made to the expenses of administration of any 
other code authority; provided that it shall certify to the principal 
line code authority the name of each code as to which credit is claimed, 
the date and amount of payment made and the period covered thereby. 

(c) Nothing herein contained shall prev^ent or invahdate agree- 
ments with regard to the collection or allocation of assessments 
heretofore or hereafter entered mto by two or more code authorities 
with the approval of the National Recovery Administration. 

(d) Any principal line code authority which accepts from an estab- 
lishment a contribution based on a minor line business shall thereby 
be subject to the obligation of furnishing to such minor line code 
authority such assistance in administration and compliance as may 
reasonably be requested by it as to such establishment. Nothing 
herein shall deprive such minor line code authority of the right to 
administer and secure compliance with its code as to the business of 
such establishment which is subject to its code. 

5. Any retail establishment refusing to recognize the single assess- 
ment principle may refrain from contributing to the principal line 
code authority on its minor line business, only as to such minor line 
business as to which it certifies to its principle line code authority 
(a) the amount of such business by dollar volume, (b) the portions of 
such business governed by each minor line code, (c) that payment 
has been or will be duly made to all code authorities for such minor 
line codes, and (d) the' amount and date of payments made and for 
what periods under each code. Such certification shall be made within 
fifteen (15) days after receipt of notice of contribution due from the 
principal line code authority. 

This order shall become effective as of Januaiy 1, 1935, unless good 
cause to the contrary is shown on or before January 21, 1935, and a 
subsequent order is issued on or before January 25, 1935. 

National Industrial Recovery Board 
W. A. Harriman, Administrative Officer. 

Washington, D. C, 

January 7, 1935. 



439 



ADMINISTRATIVE ORDER NO. 474-11 

Piece-work Rates, Modifying and Supplementing Previous 

Change of 
i 

CODE OF FAIR COMPETITION FOR THE NEEDLEWORK INDUSTRY 
IN PUERTO RICO— SUPPLEMENTING ADMINISTRATIVE ORDER 
NO. 474-9 

WHEREAS, Adniinistrative Order No. 474-9 provides that the 
conditional exemption granted therein and the piece-work rates 
contained in Exhibits "A", ''B", "C", "D", "E" and "F" annexed 
thereto shall become effective on the 8th da}^ of January, 1935, 
unless good cause to the contrary is sho\\Ti to the National Industrial 
Recovery Board prior thereto and another order amending, modify- 
ing, or cancelling said order is issued ; and 

WHEREAS, through a typographical inadvertence the piece- 
work rates submitted to the Deputy Administrator for Puerto Rico 
by the Piece Rates Commission which are set forth in Exhibit *'D" 
and the piece-work rates for the needlework operations designated 
as "Sobre costura de bieses en reboque mangas y ruedos, solamente; 
Cordon realce; Hojas pequenas de realce de % pulgs; Hojas medianas 
de realce de % a % pulgs: de largo", in Exhibit "B" annexed to the 
said Order were not, in fact, the piece-work rates recommended for 
approval by the Piece Rates Commission or the Code Authority for 
the Needlework Industry in Puerto Rico ; and 

WHEREAS, no good cause has been shown to the National Indus- 
trial Recovery Board why the conditional exemption and the revised 
schedules of piece-work rates contained in Exhibits "A", "B", "C", 
"E" and "F" (excepting those referring to needlework operations 
described as "Sobre costura de bieses en reboque mangas y ruedos, 
solamente; Cordon realce; Hojas pequenas de realce de % pulgs; 
Hojas medianas de realce de ji a % pulgs: de large", in the preceding 
paragraph) should not go into effect as provided in the said Order; 
and 

WHEREAS, Exhibit "G" and Exhibit "H", annexed hereto and 
made a part hereof constitute a corrected statement of the piece-work 
rates recommended for approval by the Piece Rates Commission and 
the Code Authority for the Needlework Industry in Puerto Rico; 
and 

WHEREAS, the reports and recommendations submitted to us 
indicate, and it is found that the adoption of the piece-work rates set 
forth and described in Exhibits "G" and "H", annexed hereto, and 
the continuance thereof until January 1, 1936, will tend to effectuate 
the policies of Title I, of the National Industrial Recovery Act; 



440 

NOW, THEREFORE, pursuant to authority vested in it by the 
Executive Orders of the President of the United States, including 
Executive Order No. 6590-A, dated February 8, 1934, and Execu- 
tive Order No. 6859, dated September 27, 1934, and otherwise, the 
National Industrial Recovery Board does hereby order as follows: 

1. The conditional exemption and the revised schedule of piece- 
work rates contained in Exhibits "A", ''B", "C", "E", and "F" 
(excepting the piece-work rates for the needlework operations de- 
scribed in said Exhibit "B" as "Sobre costura de bieses en reboque 
mangas y ruedos, solamente; Cordon realce; Hojas pequenas de 
realce de ji pulgs; Hojas: medianas de realce de )^ a % pulgs; de 
largo;") annexed to Administrative Order No. 474-9 are hereby 
approved and shall be effective as of the date hereof. The piece- 
work rates for the needlework operations above specifically desig- 
nated and contained in Exhibit "B", and the piece-work rates for 
the needlework operations contained in Exhibit "D " are not approved 
and the said Order shall not go into effect as of the date hereof. 

2. Until the 23rd day of January, 1935, or until the National 
Industrial Recovery Board shall otherwise order, the piece-work 
rates applicable to the needlework operations described as "Sobre 
costura de bieses en reboque mangas y ruedos, solamente; Cordon 
realce; Hojas pequenas de realce de % pulgs; Hojas medianas de 
realce de ji a % pulgs; de largo;" in said Exhibit "B" and the piece- 
work rates for the needlework operations set forth and described in 
Exhibit "D " shall be those heretofore established by the Piece Rates 
Commission. 

3 . All members of the Needlework Industry in Puerto Rico be and 
they hereby are conditionally exempted from the provisions of 
Section 3 of Article IV of the Code upon the express condition, how- 
ever, and, provided, that as to all operations itemized in Exhibits 
"G" and "H", on work distributed on and subsequent to the effec- 
tive date of this order no employee of any member of the said Indus- 
try who is engaged in work in a home shall be paid at less than the 
piece-work rates set forth in the revised schedule of piece-work rates 
contained in Exhibits "G" and "H", hereto annexed and made 
a part hereof. 

4. The conditional exemption granted in this order and the revised 
schedule of piece-work rates contained in Exhibits "G" and "H", 
hereto annexed shall become effective on the 23rd day of January, 
1935, unless good cause to the contrary is shown to the National 
Industrial Recovery Board prior thereto, and another order amending, 
modifying or cancelling this order be issued. 

5. The conditional exemption contained in this order and the 
revised schedule of piece-work rates contained in Exhibits "G" and 
"H", hereto annexed shall continue in effect until June 16, 1935, 
or until January 1, 1936, if congressional legislation covering the 
subject matter of the National Industrial Recovery Act permits the 
conditional exemption granted herein to be extended beyond June 
16, 1935. 

6. Upon due application and upon good cause shown that the 
schedule of piece-work rates set forth in Exhibits "G" and "H", 
hereto annexed and the conditional exemption herein granted do not 
tend to effectuate the policies of the National Industrial Recovery 
Act, all interested persons shall be afforded an opportunity to be 



441 

heard as to amendment, modification or cancellation of the said 
schedule of piece-work rates and this order, and the said schedule 
of piece-work rates and this order, may be amended, modified or 
cancelled wholly or in part as, in the discretion of the National 
Industrial Recovery Board, the ends of justice and the effectuation 
of the policies of the National Industrial Recovery Act require. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 8, 1935. 



442 



ADMINISTRATIVE ORDER NO. 282-100 

Extending the Effective Date of Amendment No. 2 to the 
Code of Fair Competition for the Restaurant Industry 
From January 8 to January 18, 1935. 

WHEREAS, Administrative Order No. 282-95, dated December 19, 

1934, which approved Amendment No. 2 to the Code of Fair Compe- 
tition for the Restaurant Industry, provided that the approval of 
said Amendment should become effective twenty days after said date 
unless good cause to the contrary was shown to the National Indus- 
trial Recovery Board before the expiration of said twenty-day period 
and said Board issued a subsequent order to that effect ; and 

WHEREAS, it appears that said Board needs further time in 
which to consider objections received pursuant to said Administrative 
Order No. 282-95; 

NOW, THEREFORE, the National Industrial Recovery Board, 
pursuant to authority vested in it under Title I of the National 
Industrial Recovery Act by Executive Orders of the President, in- 
cluding Executive Order No. 6859, dated September 27, 1934, and 
otherwise, does hereby order that the effective date of said amend- 
ment, as approved by said Administrative Order No. 282-95, be and 
the same hereby is extended for a period of ten days to January 18, 

1935. On January 18, 1935, said amendment shall become fully 
effective unless, on the basis of cause shown to it, the National 
Industrial Recovery Board, prior to said date, issues a further order 
to the contrary. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Washington, D. C, 

January 8, 1935. 



443 



ADMINISTRATIVE ORDER NO. 154-14 
Hazardous Occupations, Approving A List of 

January 9, 1935. 



DIV. II, SECTION A 

Mr, J. E. Julian, Secretary-Treasurer, 
Code Authority, Metal Tank Industry, 

120 South LaSalle Street, Chicago, Illinois 

Dear Mr. Julian: The National Industrial Recovery Board 
instructs me to acknowledge your letter of December 13, 1935, with 
which you submitted a list of hazardous occupations from which 
minors under eighteen (18) years of age shall be excluded in the Metal 
Tank Industry. 

After examination, the list is approved, provided that within sixty 
(60) days from this date the following two occupations are added to 
and included therein: 

1 . As drivers or assistants to drivers of motor vehicles or as helpers 
or delivery boys on motor vehicles. 

2, In or assisting in the operation of gas, oil or steam engines or 
other prime movers. 

Very truly yours, 

Barton W. Murray, 
Division Administrator. 



AAA 



ADMINISTKATIVE ORDER NO. 466-20 

Prices, Further Extension of Effective Date for Order 
Determining Basis for Fixing 



CODE OF FAIR COMPETITION FOR THE RETAIL TOBACCO 
TRADE— EXTENDING ADMINISTRATIVE ORDER NO. 466-4 

WHEREAS, on July 12, 1934, Administrative Order No. 466-4 
was signed whereby an emergency was declared to exist in the selling 
of cigarettes at retail; and 

WHEREAS, said Order fixes the basis for the computation of the 
minimum prices at which cigarettes may be sold ; and 

WHEREAS, said Order was declared to remain in effect until 
October 13, 1934 and the same was extended by Administrative Order 
466-15 until Januarv 11, 1935; and 

WHEREAS, the Code Authority for the Retail Tobacco Trade has 
requested that said Order be further extended beyond the date of 
expiration; and 

WHEREAS, the Research and Planning Division of the National 
Recovery Administration has reported in accordance with the terms 
of said Order, but time has been insufficient to permit a review of the 
facts therein brought out: 

NOW, THEREFORE, pursuant to the authority vested in the 
National Industrial Recovery Board, it is hereby ordered that 
Administrative Order No. 466-4 and all amendments thereto, be 
and the same hereby are extended to and including the twenty-sixth 
day of January, 1935. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 9, 1935. 



445 



ADMINISTRATIVE ORDER NO. 462-20 

Prices, Further Extension of Basis op Determination for 

Fixing Minimum 



CODE OF FAIR COMPETITION FOR THE WHOLESALE TOBACCO 
TRADE— EXTENDING ADMINISTRATIVE ORDER NO. 462-5 

WHEREAS, on July 12, 1934, Administrative Order No. 462-5 
was signed whereby an emergency was declared to exist in the selling 
of cigarettes at wholesale; dud 

WHEREAS, said Order fixes the basis for the computation of the 
minimum prices at which cigarettes may be sold; and 

WHEREAS, said Order was declared to remain in effect until 
October 13, 1934 and the same was extended by Administrative Order 
462-14 until January 11, 1935; and 

WHEREAS, the Code Authority for the Wholesale Tobacco Trade 
has requested that said Order be further extended beyond the date of 
expiration; and 

WHEREAS, the Research and Planning Division of the National 
Recovery Administration has reported in accordance with the terms 
of said Order, but time has been insufficient to permit a review of the 
facts therein brought out: 

NOW, THEREFORE, pursuant to the authority vested in the 
National Industrial Recovery Board, it is hereby ordered that Ad- 
ministrative Order No. 462-5 and all amendments thereto, be and 
the same hereby are extended to and including the twenty-sixth 
day of January, 1935. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 9, 1935. 



446 



ADMINISTRATIVE ORDER NO. 66-19 
Rates, Staying Provisions Allowing Establishment of Minimum 



CODE OF FAIR COMPETITION FOR THE MOTOR BUS INDUSTRY- 
STAYING THE PROVISIONS OF SUBSECTION (c) OF SECTION 2 
OF ARTICLE VII AS AMENDED 

WHEREAS, Subsection (c) of Section 2 of Article VII of the Code 
of Fair Competition for the Motor Bus Industry as amended April 
26, 1934, authorizes the Code Authority of said Industry under 
certain circumstances to estabhsh minimum rates for transportation 
by passenger motor carriers; and 

WHEREAS, acting pursuant to the authority conferred by said 
provisions of said Code, said Code Authority has established certain 
minimum rates for such transportation between certain points; and, 

WHEREAS, said Code Authority has requested the National In- 
dustrial Recovery Board to stay said provisions of said Code as of 
December 31, 1934, until further order of the Board; and, 

WHEREAS, an investigation has been made and the Acting Deputy 
Administrator has reported and it appears to the satisfaction of the 
National Industrial Recovery Board that justice requires that said 
provisions of said Code be stayed as of December 31, 1934; and, 

WHEREAS, said stay of said provisions of said Code will operate 
to suspend as of December 31, 1934, all minimum rates heretofore 
established by said Code Authority; 

NOW, THEREFORE, pursuant to authority vested in it, and as 
successor to the Administrator for Industrial Recovery, by Executive 
Orders of the President, including Executive Order No. 6859 and 
otherwise, the National Industrial Recovery Board does hereby order 
that the provisions of Subsection (c) of Section 2 of Article VII of 
said Code be and the same are stayed as of December 31, 1934, and 
until further order of the National Industrial Recovery Board. 

The stay herein granted is expressly subject to cancellation at any 
time in the event of a showing of proper cause therefor. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Leighton H. Peebles, 

Acting Division Administrator. 

January 10, 1935. 



447 



ADMINISTRATR^ ORDER NO. 467-40 

Hours and Wages, Temporary Stay of Provisions for Bunch 
Makers and Rollers Engaged in Manufacturing Two for 
Five Cent Cigars by Hand Relevant to — Extended 



CODE OF FAIR COMPETITION FOR THE CIGAR MANUFACTURING 
INDUSTRY— EXTENDING ADMINISTRATIVE ORDER NUMBER 
467-33 

WHEREAS, on December 3, 1934, Administrative Order Number 
467-33 was signed, whereby a stay of the provisions of Article IV, 
Section 5, was granted insofar as the same apply to bunch-makers 
and rollers engaged in the manufacture of 2 for b<^ cigars by hand; and 

WHEREAS, said Order was declared to remain in effect until 
January 15, 1935; and 

WHEREAS, measures have been initiated towards the elimination 
of the conditions necessitating the stay, and no definitive solution of 
the problem recognized to exist in said Order has been effected: 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, it is hereby ordered that Adminis- 
trative Order Number 467-33 be and the same hereby is extended 
until February 15, 1935, unless the National Industrial Recovery 
Board, upon causing this Order to be reviewed at any time, shall 
otherwise order. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 11, 1935. 



448 



ADMINISTRATIVE ORDER NO. 476-17 
Effective Date, Further Extension of the 



CODE OF FAIR COMPETITION FOR THE HATTERS' FUR CUTTING 
INDUSTRY— EXTENDING ORDER NO. 47C-10 FROM JANUARY 12, 
1935 UP TO AND INCLUDING JUNE 16, 1935 

WHEREAS, Order No. 476-10, approved October 10, 1934, ex- 
tended the Code of Fair Competition for a period of ninety (90) days 
from October 14, 1934; and 

WHEREAS, the ninety (90) day period provided for in said 
Order No. 476-10, expires on January 12, 1935; and 

WHEREAS, the Deputy Administrator has reported and it 
appears to the satisfaction of the National Industrial Recovery Board 
that the extension hereinafter granted is necessary and will tend to 
effectuate the policy of Title I of the National Industrial Recovery 
Act' 

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 order that said Order No. 476-10 be and it is hereby 
extended from January 12, 1935, up to and including June 16, 1935; 

PROVIDED, HOWEVER, that the Code Authority submit a 
proposal for the adjustment of skilled and semi-skilled wages above the 
minimum, in accordance with Article IV, Section 4 of the Code, and 
that a hearing on said proposal be held by the Administration within 
thirty (30) days from date of submission. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonlet, 

Division Administrator. 

Washington, D. C, 

January 11, 1935. 



449 



ADMINISTRATIVE ORDER NO. 165-25 

Prices, Allowing a Differential Stay on Specified Govern- 
ment Work 



CODE OF FvUR COMPETITION FOR THE NON-FERROUS FOUNDRY 
INDUSTRY— GRANTING APPLICATION FOR A STAY OF THE 
PROVISIONS OF SECTION 3, PARAGRAPH (n) OF THE SUPPLE- 
MENTARY CODE FOR THE MISCELLANEOUS SAND CASTINGS 
DIVISION 

WHEREAS, an application has been made by the Code Authority 
of the Non-Ferrous Foundry Industry, 47 Fulton Street, New York, 
N. Y., in behalf of all members of the Miscellaneous Non-Ferrous 
Sand Castings Industry for a stay of the operation of the provisions 
of section 3, paragraph (n) of the Supplementary Code for the Mis- 
cellaneous Sand Castings Division of the Code of Fair Competition 
for the Non-Ferrous Foundry Industry, insofar as it applies to 
members of the Miscellaneous Non-Ferrous Sand Castings Industry 
accepting orders from any of the shipbuilding companies for the 
furnishing of castings for naval vessels to be built pursuant to the 
provisions of Public Law No. 135 of the 73rd Congress; and 

WHEREAS, the Assistant Deputy Administrator has reported, 
and it appears to the satisfaction of the National Industrial Recovery 
Board, that the stay hereinafter granted is necessary and will tend 
to effectuate the policies of title I of the National Industrial Re- 
covery Act; 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, it is hereby ordered that the opera- 
tion of said provisions of said supplementary code be, and they are 
hereby, for the period beginning on the date hereof and ending June 
1, 1935, stayed as to all parties subject thereto accepting orders from 
any of the shipbuilding companies for the furnishing of castings for 
naval vessels to be built pursuant to the provisions of Public Law No. 
135 of the 73rd Congress. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Barton W. Murray, 

Division Administrator. 

January 11, 1935. 



450 



ADMINISTRATIVE ORDER NO. 114-15 
Cost-Accounting System, Extending Time to Report on a 



CODE OF FAIR COMPETITION FOR THE SCIENTIFIC APPARATUS 
INDUSTRY— GRANTING APPLICATION FOR A STAY OF CERTAIN 
PROVISIONS OF ARTICLE YII, SECTION 2 (b) 

WHEREAS, an application has been made by the Code Authority 
of the Scientific Apparatus Industry for a stay of the operation of 
certain provisions of Article VII, Section 2 (b), of the Code of Fair 
Competition of that Industry ; and 

WHEREAS, the Deputy Administrator has reported, and it ap- 
pears to the satisfaction of the National Industrial Recovery Board, 
that the stay hereinafter granted is necessary and will tend to effec- 
tuate the policies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in it, the 
National Industrial Recovery Board orders that Article VII, Sec- 
tion 2 (b), insofar as it now includes the language 

''As ascertained by a uniform cost-accounting system to be 
adopted by the section and approved by the Administrator" 
be and it is hereby stayed, as to all parties subject thereto, for a 
period of ninety (90) days from the date hereof, this Order to take 
effect fifteen (15) days from the date hereof, unless good cause to 
the contrary be shown to the National Industrial Recovery Board 
before that time and a subsequent order to that effect is issued. 

National Industrial Recovery Board 
By W. A. Harriman. 

Order recommended: 

Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

January 11, 1935. 



451 



ADMINISTRATIVE ORDER NO. 118-198 

Code of Fair Competition for the Cotton Garment Industry — 
Providing for the Reorganization of the Code Authority 
FOR THE Cotton Garment Industry 

WHEREAS, By Administrative Order 118-179, dated December 
6, 1934, certain members of the Code Authority for the Cotton Gar- 
ment Industry were removed from office and the functions, duties, 
and responsibilities of said Code Authority vested in the General 
NRA Code Authority, pending reorganization of said Cotton Gar- 
ment Code Authority; and 

WHEREAS, the Division Administrator and the Deputy Admin- 
istrator in charge of the Code for said Industry and the General 
NRA Code Authority, on the basis of a study of the administration, 
prior to December 6, 1934, of said Code by said Cotton Garment 
Code Authority have jointly recommended that said Code Authority 
be reorganized and reinstated as hereinafter set forth; and 

WHEREAS, it appears to the National Industrial Recovery Board 
that the carrying out of said recommendation will tend to effectuate 
the pohcy of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested m it under 
said Title of said Act by Executive Orders of the President, including 
Executive Order No. 6859, the Code of Fair Competition for the 
Cotton Garment Industry, and otherwise, the National Industrial 
Recovery Board does hereby order as follows: 

1. That the individuals removed from membership on said Cotton 
Garment Code Authority by said Administrative Order No. 118-179 
be and they are hereby reinstated to their respective memberships 
on said Code Authority. 

2. That W. E. Stephens, E. M. Jobhn and L. H. Jones, members 
or alternate members of said Code Authority, who are prevented 
from properly discharging their duties and such members by reason 
of the conflict of interests necessarily arising out of their direct con- 
nection with certain parties plaintiff to the legal proceeding against 
said Code Authority and certain officials of the Government, now 
pending in the Supreme Court of the District of Columbia, be and 
they are hereby removed from membership on said Code Authority. 

3. That Burton E. Oppenheim and R. V. Rickcord be and they 
are hereby appointed members of said Code Authority to represent 
the National Industrial Recovery Board. 

4. That Administrative Orders No. 118-179 and 118-179A, dated 
December 6, 1934, be and they are hereby revoked and all functions, 
powers, and duties vested in said Code Authority under said Code 
be and they are hereby re-vested in said Code Authority as pres- 
ently constituted. 



452 

5. That paragraphs numbered 1 and 4 of this order shall be subject 
to the following conditions: 

(a) That successors to the persons removed from membership on 
said Code Authority in paragraph numbered 2 of this order be 
nominated pursuant to Article IX, Section B of said Code and 
submitted to the National Industrial Recovery Board for approval; 

(b) That said Code Authority take immediate action to complete 
the segregation of all its property, interests, and affairs from the 
property, interests, and affairs of the International Association of 
Garment Manufacturers, as directed in paragraph 2 of Administrative 
Order 118-179, and report its progress with respect thereto within 
fifteen (15) days from the date of this order; 

(c) That said Code Authority take immediate action to effect all 
possible economies in its operation consistent with effective adminis- 
tration of said Code and submit such reports with respect thereto 
as the National Industrial Recovery Board may from time to time 
request; 

(d) That said Code Authority submit to NRA forthwith an item- 
ized budget of its estimated receipts and proposed expenditures for 
the period beginning December 15, 1934, and ending June 15, 1935; 

(e) That beginning not later than February 15, 1935, the fair trade 
practice provisions of said Code be administered directly by said 
Code Authority, and that said Code Authority employ to assist in 
such administration only such agencies and trade associations as 
may thereafter be expressly approved by the National Industrial 
Recovery Board, pursuant to existing NRA orders and regulations; 

(f) That said Code Authority submit to NRA such information 
with respect to any action heretofore or hereafter taken by it as the 
National Industrial Recovery Board may from time to time request, 
in order that said Board may, if it deems advisable, exercise the 
power vested in it by Article IX, Section L of said Code; 

(g) That said Code Authority submit to NRA forthwith complete 
details concerning its plan for the handling of labor complaints by 
the Labor Complaints Committee of said Code Authority, and make 
such changes, if any, therein as the National Industrial Recovery 
Board may deem necessary to make the same conform to NRA 
policy. 

This order shall become effective immediately and shall remain in 
effect until the further order of the National Industrial Recovery 
Board. 

National Industrial Recovery Board, 
By W, A. Harriman, Administrative Officer. 

Approval recommended: 

Prentiss Coonley, 
Per L. J. B., 

Division Administrator. 

B. E. Oppenheim, 
Per L. J. B., 

Acting Deputy Administrator. 
General NRA Code Authority 
By L, J. Bernard, Acting Chairman. 

January 12, 1935. 



453 

ADMINISTRATIVE ORDER NO. 43-65 

Code of Fair Competition for the Ice Industry — Revoking 
Administrative Order No. 43-64 and Establishing a Revised 
Schedule of Minimum Prices for the Sale of Ice in the Area 
OF Greater New York 

WHEREAS, Administrative Order 43-34 was approved on Sep- 
tember 17, 1934 whereby an emergency was declared to exist in the 
Ice Industry within the competitive area of the Boroughs of Man- 
hattan, Bronx, Brooklyn and Queens in the City and State of New 
York and a schedule of minimum prices was established for the sale 
of ice in said competitive area for a period of ninety days ; and 

WHEREAS, Administrative Order 43-63 was approved on Decem- 
ber 24, 1934 extending Administrative Order 43-34 from December 
26, 1934 to January 10, 1935; and 

WHEREAS, Administrative Order 43-64 was approved on January 
10, 1935 extending Administrative Orders 43-34 and 43-63, with a 
revised schedule of minimum prices made a part thereof for a period 
of ninety days; and 

WHEREAS, the Division of Research and Planning has reported, 
and it appears to the National Industrial Recovery Board that a 
revision of said Schedule of minimum prices is necessary to effectuate 
the purposes of the National Industrial Recoverv Act: 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board by Executive Orders of the President, 
including Executive Order No. 6859, and otherwise, it is hereby 
ordered that: 

1. The emergency in the Ice Industry witliin the competitive area 
of the Boroughs of Manhattan, Bronx, Brooklyn and Queens, in this 
City and State of New York is hereby declared to continue in existence. 

2. Administrative Order 43-64, together with the revised schedule 
of minimum prices attached thereto and made a part thereof, as 
approved on January 10, 1935 is hereby revoked. 

3. No member of the industry shall directly or indirectly sell or 
offer to sell or otherwise dispose of ice in or into said competitive 
area at a price lower than the applicable price set forth in the schedule 
of minimum prices, marked Schedule A which is attached hereto and 
made a part hereof from the date of this order for a period of ten days 
to January 22, 1935. 

4. Ten days from the date hereof and continuing for a period of 
ninety days to April 22, 1935, no member of the industry shall directly 
or indirectly sell or offer to sell or otherwise dispose of ice in or into 
said competitive area at a price lower than the applicable price set 
forth in the schedule of minimum prices marked Schedule B which is 
attached to this order and made a part hereof, provided that nothing 
herein contained shall prevent the National Industrial Recovery 
Board from cancelling or altering this order for good cause duly shown. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator, 

Washington, D. C, 

January 12, 1935. 

114532—35 25 



454 



ADMINISTRATIVE ORDER NO. 361-21 

Code of Fair Competition for the Perfume, Cosmetic and 
Other Toilet Preparations Industry — Operations or Occu- 
pations Deemed Hazardous or Detrimental to the Health 
of Persons Under Eighteen Years of Age 

The Code Authority for the Perfume, Cosmetic and Other Toilet 
Preparations Industry in accordance with Article V, Section 1 of the 
Code of Fair Competition for the Perfume, Cosmetic and Other 
Toilet Preparations Industry, has submitted to the National Indus- 
trial Recovery Board a list of occupations deemed hazardous in nature 
or detrimental to the health of persons under eighteen (18) years of 
age in this Industry, within the meaning of Article V, Section 1, 
which are as follows: 

I. Occupations Involving Machine Hazards 

1. In oiling, cleaning or wiping machinery or shafting in 
motion. 

2. In applying belts to pulleys in motion or assisting therein. 

II. Occupations Involving General Hazards 

3 . As drivers of trucks or other motor vehicles or as helpers or 
delivery boys on such vehicles. 

4. In, or assisting in, the operation of gas, oil or steam engines 
used as prime movers. 

5. Firing of steam or water boilers (except boilers of not more 
than 15 lbs. pressure used solely for heating purposes). 

6. In the cutting or welding of metals by gas or electricity. 

7. Handling of caustic and inflammable materials in bulk. 

Pursuant to Article V, Section 1, the National Industrial Recovery 
Board hereby approves the recommendation of the Code Authority 
that work performed in the operations listed above is hazardous in 
nature and is detrimental to health within the meaning of Article V, 
Section 1, and orders that it shall have the same force and effect as 
other provisions of the Code, this Order to become effective fifteen 
(15) days after the date hereof, unless prior to that date good cause 
to the contrary shall have been shown to the National Industrial 
Recovery Board and it has by its further order otherwise determined. 
National Industrial Recovery Board 
By Joseph F. Battley, Division Administrator. 

Approval recommended: 
Earle W. Dahlberg, 

Deputy Administrator. 

Washington, D. C, 

January 12, 1935. 



455 



ADMINISTRATIVE ORDER NO. 392-8 
Hazardous Occupations, Acknowledging Industry's Lack of 



January 12, 1935. 

DIV. 4 

Mr. Herbert U. Nelson, Executive Secretary, 
National Association of Real Estate Boards, 

59 East Van Buren Street, Chicago, Illinois. 
Dear Mr. Nelson: This letter is to inform 3^011 that your state- 
ment of July 7, 1934, regarding the fact that workers employed by 
members of the Real Estate Brokerage Industrj^ are not engaged in 
any activities wliicli could be construed to be involving risk to health 
or life, has been reviewed by the National Industrial Recovery Board 
and is hereby approved subject to further orders by the Board. 
Yours very truly, 

Harry C. Carr, 
Acting Division Administrator, 



456 



ADMINISTRATIVE ORDER NO. X-132 

Prescribing Regulations Governing the Removal of Members 
OF Code Authorities and Similar Agencies, and Disqualifi- 
cation FROM Service of Agents, Attorneys, and Employees 
Thereof 

By virtue of authority vested in it, whether by Executive Order 
No. 6859, approved September 27, 1934, or by pertinent provisions 
of Codes of Fair Competition, as duly approved, or otherwise, the 
National Industrial Recovery Board does hereby prescribe the fol- 
lowing regulations governing the removal of members of code author- 
ities, and the disqualification from service, of agents, attorneys, and 
employees thereof. 

"Code authority", as used in this Order, shall include a national 
code authority, regional code authority and any other agency pro- 
vided for the administration, in whole or in part, of a code of fair 
competition, pursuant to the terms thereof. 

A member or members of a code authority may be removed from 
office for cause and a temporary successor or successors approved 
until a permanent successor or successors have been duly chosen, 
after notice and an opportunity to be heard, if it be found that such 
removal will tend to effectuate the policies of the National Industrial 
Recovery Act. Such cause for removal may consist, but without 
limitation, of: 

(1) Deprivation of N. R. A. insignia or the right thereto, denial or 
withdrawal of the right to use labels bearing the N. R. A. insignia, or 
conviction or injunction by a court, for violation of the National 
Industrial Recovery Act or of any Executive Order, Administrative 
Order, rule, regulation, code, or agreement issued, prescribed, or 
approved pursuant thereto. Such a deprivation, denial or withdrawal, 
conviction or injunction, for violation by any organization with which 
a code authority member is associated as officer, director, partner, 
owner, receiver, trustee, assignee for the benefit of creditors, or in any 
other direct or responsible manner, shall have the same effect, for the 
purposes of this Order, as if it were for violation by such code authority 
member. 

(2) Commission of a criminal, tortious, or illegal act in connection 
with the activities of the code authority. 

(3) Conviction of crime involving moral turpitude, after selection 
as a member of the code authority. 

(4) Obstruction of the administration of the code. 

(5) Neglect of duty. 

Agents, attorneys, or employees of a code authority may be dis- 
qualified from further service as such, for hke cause after notice and 
opportunity to be heard upon finding that such disqualification will 
tend to effectuate the policies of said Act, and the disbursement of 
funds for such services rendered after specified date may be dis- 
approved. 



457 

Where the cause for removal consists of the deprivation of the 
N. R. A. insignia or the right thereto, or denial or withdrawal of the 
right to use labels bearing N. R. A, insignia, by the National Recovery- 
Administration, or consists of conviction or injunction by any court 
for violation of the National Industrial Recovery Act or of any 
Executive Order, Administrative Order, rule, regulation, code or 
agreement issued, prescribed or approved pursuant thereto, any 
person liable to removal under this Order shall be subject to summary 
suspension from ofl&ce. 

National Industrial Recovery Board 
W. A. Harriman, Administrative Officer. 

January 14, 1935. 



458 



ADMINISTRATIVE ORDER NO. 118-199 

Work|Clothes Manufacturing Division, Terms of Sale, Stay 

Relevant to 



CODEIOF FAIR COMPETITION FOR THE COTTON GARMENT IN- 
DUSTRY—GRANTING APPLICATION FOR A STAY OF THE PROVI- 
SIONS OF ARTICLE XIX, SCHEDULE K, SECTIONS 58 AND 59 

WHEREAS, an application has been made by the Code Authority 
for the Cotton Garment Industry for a stay of the operation of the 
provisions of Article XIX, Sections 58 and 59, Schedule K, of the Code 
of Fair Competition for the Cotton Garment Industry; and 

WHEREAS, the Deputy Administrator has reported, and it appears 
to the satisfaction of the National Industrial Recovery Board, that 
the stay hereinafter granted is necessary and will tend to effectuate 
the policies of Title I of the National Industrial Recovery Act: 

NOW, THEREFORE, pursuant to authority vested m the Na- 
tional Industrial Recovery Board, it is hereby ordered that the opera- 
tion of said provisions of said Code be and it is hereby stayed as to all 
parties subject thereto for the period from November 30, 1934, up to 
and including February 1, 1935. 

This order may be revoked at any time in the event of a subsequent 
showing of proper cause therefor. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 15, 1935. 



459 



ADMINISTRATIVE ORDER NO. 1-100 

Hours of Operation of Productive Machinery, Stay for Vene^ 
TiAN Blind Ladder Tape Looms Relevant to 



ORDER, CODE OF FAIR COMPETITION FOR THE COTTON TEXTILE 
INDUSTRY— GRANTING APPLICATION OF THE CODE AUTHOR- 
ITY FOR AN EXEMPTION OF ALL LOOMS ENGAGED IN THE PRO- 
DUCTION OF VENETIAN BLIND LADDER TAPE FROM THE PRO- 
VISIONS OF SUB-SECTION (c) OF SECTION III 

WHEREAS, an application has been made by the Cotton Textile 
Industry Committee, Code Authority for the Cotton Textile Industry, 
for an exemption of all looms engaged in the production of Venetian 
BUnd Ladder Tape from the provisions of Sub-section (c) of Section 
III of the Code of Fair Competition for the Cotton Textile Industry; 
and 

WHEREAS, the Deputy Administrator has reported, and it appears 
to the satisfaction of the National Industrial Recovery Board, that 
the exemption hereinafter granted is necessary and will tend to effectu- 
ate the policies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, it is hereby ordered that aU looms 
engaged in the production of Venetian Blind Ladder Tape be and they 
are hereby exempted from the provisions of Sub-section (c) of Section 
III of said Code for a period of five (5) months from the date hereof. 

This Order may be revoked at any time in the event of subsequent 
showing of proper cause therefor. 

National Industrial Recovery Board 
By Prentiss L. Coonley, Division Administrator. 

Approval recommended: 
A. Henry Thurston, 

Deputy Administrator. 

Washington, D. C, 

January 15, 1935. 



460 



ADMINISTRATIVE ORDER NO. 456-14 

Consumer Grades and Quality Standards, Extending Time to 

Report on 



CODE OF FAIR COMPETITION FOR THE ICE CREAM CONE INDUS- 
TRY—GRANTING APPLICATION FOR A STAY OF THE PROVI- 
SIONS OF ARTICLE VI, SECTION 3, PART B 

WHEREAS, an application has been made by the Code Authority 
for the above-named Industry for a stay of the operation of the 
provisions of Article VI, Section 3, Part B, of the Code of Fair Competi- 
tion for the Ice Cream Cone Industry ; and 

WHEREAS, the Deputy Administrator has reported and it appears 
to the satisfaction of the National Industrial Recovery Board, that the 
stay hereinafter granted is necessary and will tend to effectuate the 
policies of Title I of the National Industrial Recovery Act ; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the operation of 
said provisions of said Code be, and it is hereby, stayed as to all parties 
subject thereto for a period of 60 days from the date of December 18, 
1934. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 15, 1935. 



461 



ADMINISTRATIVE ORDER NO. 446-41 

Hours of Labor for Kraut Packers, Granting Partial Exemp- 
tion Relevant to 



CODE OF FAIR COMPETITION FOR THE CANNING INDUSTRY- 
GRANTING APPLICATION OF THE NATIONAL KRAUT PACKERS 
ASSOCIATION, INC., GENEVA, NEW YORK, ON BEHALF OF THE 
MEMBERS OF THE INDUSTRY FOR A PARTIAL EXEMPTION 
FROM THE PROVISIONS OF ARTICLE III, SECTION 1 

WHEREAS, an application has been made by the above named 
apphcant for an exemption from that provision of Artilce III, Section 
1, of the Code of Fair Competition for the Canning Industry which is 
as follows: 

"No employee shall be permitted to work in excess of thirty- 
six (36) hours in any week or eight (8) hours in any day with the 
following exceptions: " ; and 

WHEREAS, the Deputy Administrator and the various advisory 
boards have reported, and it appears to the satisfaction of the National 
Industrial Recovery Board, that the exemption herein granted is 
necessary and will tend to effectuate the poHcies of Title I of the 
National Industrial Recovery Act ; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the above named 
apphcant be and it hereby is exempted, as of the date of this order, 
from said provision of said code, provided that: 

(1) No employee shall be permitted to work in excess of thirty-six 
(36) hours in any week or nine (9) hours in any day on non-seasonal 
operations. 

(2) The exemption herein granted shall be terminated by the 
National Industrial Recovery Board at such time as it deems that 
there is a showing of proper cause therefor. 

(3) A copy of this Order shall be displayed alongside the copy of 
the official Labor Provisions posted, pursuant to Executive Order No. 
6950-B, Administrative Order No. 7 and Administrative Order No. 
X-82. 

National Industrial Recovery Board 
By Armin W. Riley, Division Administrator. 

Approval recommended: 
J. Lawrence Pond, 

Assistant Deputy Administrator. 

Washington, D. C, 

January 16, 1936. 



462 



ADMINISTEATIVE ORDER NO. 199-7 

Code of Fair Competition for the Cork Industry — Approving 
Cork Insulation Manufacturers' Division of the Cork 
Industry Merchandising Plan 

WHEREAS, the Executive Committee of the Cork Insulation 
Manufacturers' Division of the said Code, in full conformity with the 
provisions of Section 1 of Article VIII of the said Code has prepared 
and submitted with the approval of the Code Authority for said 
Industry, its recommendations as to the form and provisions of a 
Merchandising Plan to be followed by all members of said Division; 
and 

WHEREAS, the Deputy Administrator has rendered the annexed 
report of the said Merchandising Plan and has recommended that 
said Merchandising Plan be approved; 

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 Merchandising Plan as constituted 
complies in all respects with the pertinent provisions and will promote 
the policy and purposes of Title I of the National Industrial Recovery 
Act, and does hereby order that said form and provisions of a 
Merchandising Plan be and it hereb^^ is approved, such approval to 
become effective fifteen 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. 

PROVIDED, HOWEVER, that within ninety days from the 
effective date of said Merchandising Plan the National Industrial 
Recovery Board may direct that there may be a further hearing on 
such of the provisions of said Plan as it may designate, and that any 
order which it may make after such hearing shall have the effect of a 
condition on the approval of said Merchandising Plan. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Walter G. Hooke, 

Acting Division Administrator. 

Washington, D. C, 

January 16, 1935. 



463 



ADMINISTRATIVE ORDER NO. 15-54 

Hours and Wages, Exemption for Puerto Rican Manufac- 
turers Relevant to 



ORDER, CODE OF FAIR COMPETITION FOR|THE MEN'S CLOTHING 
INDUSTRY— GRANTING APPLICATION OF ROSSELLO HNOS. 
(JUAN CABRER, INC.), PONCE, PUERTO RICO, FOR AN EXEMP- 
TION FROM THE PROVISIONS OF ARTICLE II AND ARTICLE IV 
OF THE CODE 

WHEREAS, an application has been made by the above-named 
applicant for an exemption from the provisions of Article II and 
Article IV of the Code of Fair Competition for the Men's Clothing 
Industry; and 

WHEREAS, the said application has been recommended for ap- 
proval by the Deputy Administrator for Puerto Rico, and it appears 
to the satisfaction of the National Industrial Recovery Board that 
the exemptions hereinafter granted are necessary and will tend to 
effectuate the policies of Title I of the National Industrial Recovery 
Act' 

NOW, THEREFORE, pursuant to authority vested in the Na- 
tional Industrial Recovery Board, by Executive Orders of the Presi- 
dent, including Executive Order No. 6859, and otherwise, it is hereby 
ordered as follows: 

(1) That those engaged in the Men's Clothing Industry in Puerto 
Rico, whose products are shipped to the Continental United States, 
are hereby exempted from the provisions of Article II of the Code of 
Fair Competition for the Men's Clothing Industry, upon the condi- 
tion that the minimum wages paid by them shall be not less than 
fifty per cent (50%) of the minimum wages for the Northern Section 
prescribed in said Article, and that the provisions of said Article 
shall in all other respects be complied with. Paragraph (b) of said 
Article shall be deemed to have been fuUy complied with if complied 
with as to all classes of employees receiving up to and including 
eighteen dollars ($18.00) per week. Apprentices not to exceed ten 
per cent (10%) of the total number of employees, may be employed 
at a wage of not below seventy-five per cent (75%) of the minimum 
wages herein prescribed. No one who has been employed in the 
Industry for more than three months shall be deemed an apprentice 
^\dthin the meaning of this provision. 

(2) That those engaged in the Men's Clothing Industry in Puerto 
Rico, whose products are shipped to the Continental United States 
are hereby further exempted from the provisions of Article IV of the 
Code of Fair Competition for the Men's Clothing Industry, upon the 
condition that the hours of employment for emplo^^ees shall notex- 



464 

ceed forty (40) hours in any one week or eight (8) hours in any one 
day. 

(3) That those engaged in the Men's Clothing Industry in Puerto 
Rico, whose products are shipped to the Continental United States, 
and who comply with the above conditions and all other provisions 
of the Code of Fair Competition for the Men's Clothing Industry, as 
amended, shall be entitled to all benefits and privileges under the 
Code the same as though they had fully complied with the provisions 
of the Code. Those engaged in the Men's Clothing Industry in 
Puerto Rico, whose products are shipped to the Continental United 
States, shall be entitled to obtain and use labels for any stock on 
hand manufactured prior to the date of this order. 

(4) This Order shall be effective immediately, and shall remain in 
effect until June 1, 1935, unless within fifteen (15) days from the 
date hereof upon good cause shown to the undersigned Division Ad- 
ministrator in the Commerce Building, Washington, D. C, this 
Order is revoked. The undersigned Division Administrator ex- 
pressly reserves the power to revoke this Order at any time prior to 
June 1, 1935. 

National Industrial Recovery Board 
By Prentiss L. Coonley, Division Administrator. 

Approval recommended: 
M. D, Vincent, 

Deputy Administrator. 

Washington, D. C, 

January 16, 1935. 



465 



ADMINISTRATIVE ORDER NO. 84 Nl-6 
Price Lists, Temporary Stay Relevant to 



SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE CUT 
TACK, WIRE TACK & SMALL STAPLE MANUFACTURING IN- 
DUSTRY (DIVISION OF FABRICATED METAL PRODUCTS MAN- 
UFACTURING AND METAL FINISHING AND METAL COATING 
INDUSTRY)— GRANTING APPLICATION FOR A STAY OF THE 
PROVISIONS OF ARTICLE VII 

WHEREAS, an application has been made by the Supplementary 
Code Authority for the above named Industry for a stay of the 
operation of the provisions of Article VII of the Supplementary Code 
of Fair Competition for the Cut Tack, Wire Tack & Small Staple 
Manufacturing Industry ; and 

WHEREAS, the Assistant Deputy Administrator has reported, 
and it appears to the satisfaction of the National Industrial Recovery 
Board, that the stay hereinafter granted is necessary and will tend 
to efiectuate the policies of Title I of the National Industrial Recovery 
Act; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the operation of 
said provisions of said code be, and it is hereby, stayed as to all parties 
subject thereto for a period of ninety (90) days from the date hereof. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 

Kilbourne Johnston, 
Per J. W. U., 

Acting Division Administrator. 

Washington, D. C, 

January 17, 1935. 



466 



ADMINISTRATIVE ORDER NO. 212-21 

Code of Fair Competition for the Drapery and Upholstery 
AND Trimming Industry — Extension of Code from January 26, 
1935, TO April 1, 1935 

WHEREAS, the Code of Fair Competition for the Drapery and 
Upholstery Trimming Industry was approved for a period of six (6) 
months from January 26, 1934, to July 26, 1934, and 

WHEREAS, Administrative Order No. 212-14, dated July 23, 1934, 
extended said Code for a period of three (3) months from July 26, 
1934, to October 26, 1934, and 

WHEREAS, Administrative Order No. 212-17, dated October 26, 
1934, extended said Code for an additional three (3) months from 
October 26, 1934, to January 26, 1935, and 

WHEREAS, the Code Authority has made apphcation for a further 
extension of the Code to April 1, 1935, pursuant to Article XI, and 
the Deputy Administrator has reported and it appears to our satis- 
faction that extension of said Code is necessary and will tend to 
effectuate the policies of Title I of the National Industrial Recovery 
Act; 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to the 
authority vested in it by Executive Order of the President, including 
Executive Order 6859, and otherwise; does hereby incorporate by 
reference said annexed report and does find that the extension of said 
Code will promote the poUcies and purposes of Title I of the National 
Industrial Recovery Act; and does hereby order that said Code of 
Fair Competition be and it is hereby extended from the date of 
January 26, 1935, to April 1, 1935, provided, however, that a public 
hearing may be called during tliis period to consider combining this 
Code with a related Code of Fair Competition. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 18, 1935. 



467 



ADMINISTRATIVE ORDER NO. 282-107 

Extending the Effective Date of Amendment No. 2 to the 
Code of Fair Competition for the Restaurant Industry 
FROM January 18 to January 28, 1935 

WHEREAS, Administrative Order No. 282-95, signed by the 
National Industrial Recovery Board on December 19, 1934, approved 
Amendment No. 2 to the Code of Fair Competition for the Restaurant 
Industry and provided that said Amendment should become effective 
twenty days thereafter, unless good cause to the contrary was shown 
to the National Industrial Recovery Board before that time, and the 
said Board issued a subsequent order to that effect; and 

WHEREAS, a subsequent Adininistrative Order, No. 282-100, was 
signed by the National Industrial Recovery Board on January 8, 
1935, extending the effective date of said Amendment for ten days, 
imtil January 18, 1935; and 

WHEREAS, further time appears necessary for the National In- 
dustrial Recovery Board to consider objections received pursuant to 
said Administrative Order No. 282-95: 

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, hereby 
orders that the effective date of said Amendment, as approved by said 
Administrative Order No. 282-95, and subsequently extended by said 
Administrative Order No. 282-100, be and the same hereby is ex- 
tended for a further period of ten days to January 28, 1935, unless 
good cause to the contrary is shown to the National Industrial 
Recovery Board before the expiration of that period and the said 
board issues a subsequent order to that effect. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

January 18, 1935, 



468 

ADMINISTRATIVE ORDER NO. 60-342 

Hours and Wages, Temporary Exemption Allowed for Inven- 
tory Purposes Relevant to 



CODE OF FAIR COMPETITION FOR THE RETAIL TRADE— GRANT- 
ING APPLICATION FOR A STAY OF THE PROVISIONS OF ARTICLE 
V, SECTION 1 

WHEREAS, an application has been made by the National Retail 
Code Authority on behalf of several Local Retail Code Authorities, 
and individual retail establishments, for a stay of the operation of the 
provisions of Article V, Section 1 of the Code of Fair Competition 
for the Retail Trade, to the extent that retail merchants be permitted 
for the purpose of taking January or February, 1935, inventories, to 
work employees who are specially skilled any number of hours per day 
for a period not to exceed one week during January or February, 1935 ; 

WHEREAS, the Deputy Administrator has reported, and it appears 
to the satisfaction of the National Industrial Recovery Board, that the 
Stay hereinafter granted is necessary and will tend to effectuate the 
policies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in it, it is 
hereby ordered that the operation of said provision of said Code be, 
and it is hereby stayed as to all parties subject thereto to the extent 
hereinafter stated: 

Any retail establishment, governed by the Code of Fair Competition 
for the Retail Trade, is hereby permitted for the purpose of taking 
the January or February, 1935, inventories, to work employees who 
are specially skilled, any number of hours per day, for a period not to 
exceed one week, during January or February, provided: 

1. That the maximum weekly employees' hours prescribed in that 
group of Article V, Section 1, which the establishment has elected to 
operate under, shall not be exceeded ; 

2. That all hours in excess of the maximum daily hours specified in 
that group of Article V, Section 1, under which the employer has 
elected to operate on December 31, shall be paid on a time and one- 
third basis and it is further provided that in no case shall any peak 
period allowance as permitted in Article V, Section 4 (d) be used con- 
currently with the overtime granted in this Order; 

3. That this Stay shall in no case be construed to permit an employee 
to work in excess of the maximum daily work-hour limitations as may 
be prescribed by statute in its jurisdiction; 

4. That this Stay shall be subject to cancellation by the National 
Industrial Recovery Board or its Agent, with or without hearing; 

5. That this Stay shall become operative as of this date, and shall 
terminate February 28, 1935: 

6. That a copy of this Order shall be posted in a conspicuous place, 
accessible to all employees affected thereby. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 
Order recommended: 
Harry C. Carr, 

Acting Division Administrator. 
January 18, 1935. 



469 



ADMINISTRATIVE ORDER NO. 80-24 

Order, Approving Amendment to the Merchandising Plan of 
THE Code of Fair Competition for the Brake Lining Division 
of the Asbestos Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for the approval of an amend- 
ment to the Merchandising Plan for the Brake Lining Division of 
the Code of Fair Competition for the Asbestos Industry, and the 
annexed report on said amendment having been made: 

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 Schedule A annexed hereto and made a part hereof, and 
said annexed report, and does find that said amendment and the 
Merchandising Plan of the Brake Lining Division as constituted 
after being amended, comply in all respects with the pertinent pro- 
visions and wiU 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 Mer- 
chandising Plan is hereby amended to include an approval of said 
Merchandising Plan 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 Recov- 
ery Board issues a subsequent order to that effect. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
W. P. Ellis, 

Division Administrator. 

Washington, D. C. 

January 21, 1935. 



114532— 3J 



4^1 

Schedule A 

AMENDMENT TO THE MERCHANDISING PLAN OF THE BRAKE LINING 
DIVISION OF THE ASBESTOS INDUSTRY 

1. Delete Article V, Section D, first paragraph only, and substitute 
in lieu thereof: 

A Member of the Industry shall determine its own discounts 
provided that in the automotive field all types of Brake Lining 
shall carry the same discount for each class of Buyer and all 
types of Clutch Facings shall carry the same discount for each 
class of Buyer and provided that the provision included herein 
for the same discoimt for each class of buyer shall not apply to 
friction materials sold primarily to buyers in the Industrial 
Field or for original equipment and provided further that this 
Section shall not be construed to rnean that all members of the 
Division must have the same discounts. 

2. Delete Article VII, Section C, paragraph 3, and substitute in 
lieu thereof: 

Provided, further, however, that shipments may be made 
during a period of performance not to exceed any calendar quarter 
at prices current at the date of contract to a member of the Divi- 
sion or to an equipment manufacturer or to a buyer in the Indus- 
trial P^ield under any written contract for either a definite quan- 
tity or a maximum and minimum quantity said maximum to be 
not in excess of three times the minimum quantity, or a stated 
portion of Buyer's actual requirements during said period of per- 
formance; and 

3. Delete Article X, Section C, paragraph 7, sub-paragraph (a), 
and substitute in lieu thereof: 

Samples: No samples for the replacement trade shall be given 
gratis in sufficient qiuintity to service completely any given 
vehicle except for test purposes as provided in sub-paragraph b, 
of this paragraph 7. 

4. Delete Article X, Section C, paragraph 7, sub-paragraph (b), 
and substitute in lieu thereof: 

Tests: A concern may supply friction materials for free test 
by any Buyer who is not at the time purchasing materials which 
are the same as those so supplied for free test. 

5. Delete Article X, Section C, paragraph 7, sub-paragraph (c), 
and substitute in lieu thereof: 

Advertising allowances to customers: To make allowances of 
any kind to Buyers for space in publications issued by them or 
their subsidiaries or affiliates. 



471 



ADMINISTRATIVE ORDER NO. 1-101 
Productive Machinery Operation, Partial Stay Relevant to 



CODE OF FAIR COMPETITION FOR THE COTTON TEXTILE 
INDUSTRY— GRANTING (APPLICATION FOR A STAY OF THE 
PROVISIONS OF SECTION III, SUBSECTION (c) 

WHEREAS, an application has been made by the Cotton TextUe 
Industry Committee, 320 Broadway, New York, New York, for a stay 
of the operation of the provisions of Section III, Subsection (c) of the 
Code of Fair Competition for the Cotton Textile Industry; and 

"WHEREAS, the Deputy Administrator has reported, and it appears 
to the satisfaction of the National Industrial Recovery Board, that 
the stay hereinafter granted is necessary and wall tend to effectuate 
the policies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the operation of 
said provisions of said Code be, and it is hereby, stayed as to all parties 
subject thereto for a period of four (4) months from the date hereof 
to the extent of twenty-six (26) jacquard looms in each plant in the 
Industry as of the date of this order when such looms are engaged in 
the production of jacquard woven bedspreads, provided that the total 
number of loom hours per week of aU jacquard looms in a plant 
making jacquard woven bedspreads shall not exceed the total number 
of loom hours per week permitted by said Section of said Code. 

This order is subject to revocation upon proper showing of cause 
and subsequent order. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 22, 1935. 



472 



ADMINISTRATIVE ORDER NO. X-133 

Approving Certain Exemptions from Provisions of the Code of 
Fair Competition for the Graphic Arts Industries and 
Rescinding Administrative Order No. X-122 

"WHEREAS, it appears that certain exemptions from the provision 
of the Graphic Arts Code should be granted to estabhshments which, 
in conjunction with the business of such estabhshments, operate 
private plants producing or performing graphic arts products or 
services, and 

WHEREAS, it appears, on the basis of criticisms and suggestions 
submitted pursuant to the notice of opportunity to be heard on 
Administrative Order No. X-122, dated December 14, 1934, which 
was designed to eliminate conflicts and overlaps of provisions of the 
Graphic Arts Code and certain other codes, that the provisions of said 
Order should be rescinded in the interest of justice; 

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 
rescind said Administrative Order No. X-122, and does hereby order 
as follows: 

I. Any establishment not otherwise subject to the Grapliic Arts 
Code, which produces any of the products or performs any of the- 
services referred to in the definition of the "Graphic Arts Industries" 
in any such private plant, be and it is hereby exempted from the 
provisions of the Graphic Arts Code to the following extent, but not 
otherwise: 

(1) Any such establishment employing on graphic arts processes 
only nonmechanical employees commonly classified as office workers 
and/or one mechanical employee for less than the major part of his 
worldng time, is exempted from all provisions of said Code. 

(2) Any such establishment employing on graphic arts processes 
one mechanical employee for the major part of his worldng time or 
less than five (5) mechanical employees, is exempted from all provi- 
sions except the labor provisions of said Code. Where such an 
establishment remains subject to the labor provisions of said Code, 
such provisions shall be administered by the Code Authority of the 
Code to which such establishment is subject if such a Code Authority 
exists, and if not, by the appropriate Grapliic Arts Code Authority. 

(3) Any such establishment employing on graphic arts processes 
not more than nine (9) mechanical employees is exempted from the 
provisions of said Code governing the collection of assessments for 
code administration expense. 



473 

II. The National Industrial Recovery Board may, by further order, 
on the basis of such notice and opportunity to be heard as it may deem 
necessary and proper modify or cancel any exemption granted under 
this Order in respect to any industry or member thereof. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Jack B. Tate, 

Division Administrator. 

"Washington, D. C, 

January B2, 1935. 



474 



ADMINISTRATIVE ORDER NO. 4A-2 AND 347JI-11 

Supplementary Code of Fair Competition for the Refriger- 
ating Machinery Industry (A Division of Machinery and 
Allied Products Industry) — Granting Application for a 
Stay of the Provisions of the Supplementary Code of Fair 
Competition for the Refrigerating Machinery Industry 

WHEREAS, an application has been made by the National 
Electrical Manufacturers Association, the Code Authority for the 
Electrical Manufacturing Industry, 155 East 44th Street, New York, 
New York, pursuant to Executive Order 6205-B and by the Code 
Authority for the Refrigerating Machinery Industry, for a stay of 
the operation of the provisions of the Supplementary Code of Fair 
Competition for the Refrigerating Machinery Industry to all mem- 
bers of said Industry when manufacturing refrigerating machinery 
equipped with compressors designed to be driven by motors of less 
than one (1) horsepower; and 

WHEREAS, hearings have been duly held thereon, and the 
Assistant Deputy Administrator has reported, and it appears to the 
satisfaction of the National Industrial Recovery Board, that the stay 
hereinafter granted is necessary and will tend to effectuate the 
policies of Title I of the National Industrial Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in said Board, 
it is hereby ordered that the operation of said Code be, and it is 
hereby, stayed as to all parties subject thereto when manufacturing 
refrigerating machinery equipped with compressors designed to be 
driven by motors of less than one (1) horsepower, pending further 
order of said Board, provided that the manufacture and sale of such 
refrigerating machinery shall be subject to the provisions of the 
Refrigeration Subdivision of the Code of Fair Competition for the 
Electrical Manufacturing Industry. 

National Industrial Recovery Board 
By W. A. Harriman, Administratwe Officer. 

Order recommended: 

Barton W. Murray, 

Division Administrator. 

January 22, 1935. 



475 



ADMINISTRATIVE ORDER NO. 489-16 
Label Requirements, Approving Temporary Stay of 



CODE OF FAIR COMPETITION FOR THE SAFETY RAZOR ANI> 
SAFETY RAZOR BLADE MANUFACTURING INDUSTRY— GRANT- 
ING APPLICATION FOR A STAY OF THE PROVISIONS OF ARTICLE 
VIII, SECTION 10 (b) 

WHEREAS, an application has been made by the Code Authority 
for the Safety Razor and Safety Razor Blade Manufacturing Industry 
for a stay of the operation of the provisions of Article VIII, Section 10 
(b) of the Code of Fair Competition for the Safety Razor and Safety 
Razor Blade Manufacturing Industry; and 

WHEREAS, the Code Authority for said code has reported that 
some twenty- three (23) members of said Industry have reported to 
the Code Authority Secretary for the above named Industry that 
they have packaging material on hand which is not printed in accord- 
ance with said provisions of said code and that a great and needless 
waste of valuable printed material would result if said provisions were 
enforced; and 

WHEREAS, the Assistant Deputy Administrator has reported, 
and it appears to the satisfaction of the National Industrial Recovery 
Board that the stay hereinafter granted is necessary and will tend 
to effectuate the policies of Title I of the National Industrial Re- 
covery Act; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the operation 
of said provisions of said code be and it is hereby stayed as to all 
parties subject thereto, to extend until June 16, 1935 from the date 
hereof, PROVIDED, that said stay is applicable only to said pack- 
aging material now on hand, and which has been reported to the said 
Code Authority Secretary, and, PROVIDED, that said parties will 
comply with said provisions if and when said unprinted packaging^ 
material be disposed of, but in no event shall said provisions be 
stayed beyond June 16, 1935. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer, 

Order recommended: maAW 

KiLBOURNE Johnston, 
Per J. W. U., 

Acting Division Administrator, 

Washington, D. C, 

January 22, 1925. 



me 



ADMINISTRATIVE ORDER NO. 342-19 

Prices, Extension of Stay Relevant to Publication of a 

Schedule of 



CODE OF FAIR COMPETITION FOR THE SANITARY & WATERPROOF 
SPECIALTIES MANUFACTURING INDUSTRY— GRANTING APPLI- 
CATION FOR EXTENSION OF STAY OF THE PROVISIONS OF 
ARTICLE VII, SECTION 3 

WHEREAS, on October 19, 1934, Administrative Order No. 
342-11, granting a ninety-day stay of the provisions of Article VII, 
Section 3, of the Code of Fair Competition for the Sanitary & Water- 
proof Specialties Manufacturing Industry, was duly signed; and 

WHEREAS, an application has now been made by the Code 
Authority for the Code of Fair Competition for the Sanitary & Water- 
proof Specialties Manufacturing Industry, 551 Fifth Avenue, New 
York City, for a ninety-day extension of said stay of the operation 
of the provisions of Article VII, Section 3, of the Code for this In- 
dustry, which section relates to the publication of a schedule of 
prices and terms of sale on all standard products manufactured by 
members of this Industry; and 

WHEREAS, the Deputy Administrator has reported and it appears 
to the satisfaction of the National Industrial Recovery Board that the 
extension of said stay hereinafter granted is necessary and will 
tend to effectuate the policies of Title I of the National Industrial 
Recovery Act; 

NOW, THEREFORE, pursuant to authority vested in the National 
Industrial Recovery Board, it is hereby ordered that the operation of 
said provisions of said Code be, and it is hereby stayed as to all 
parties subject thereto for a further period of ninety (90) days, subject 
to revocation by the National Industrial Recovery Board at an earlier 
time if reasonable cause for such revocation be shown. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 22, 1936. 



477 



ADMINISTRATIVE ORDER NO. 400-11 
Hours of Operation, Temporary Stay Relevant to Plant 



CODE OF FAIR COMPETITION FOR THE CELLULOID BUTTON, 
BUCKLE AND NOVELTY MANUFACTURING INDUSTRY— GRANT- 
ING APPLICATION FOR A STAY OF THE PROVISION OF ARTICLE 
III, SECTION 10 

WHEREAS, an application has been made by the Code Authority 
for the Celluloid Button, Buckle and Novelty Manufacturing In- 
dustry, 50 East 42nd Street, New York City, for a stay of the opera- 
tion of the provision of Article III, Section 10, of the Code of Fair 
Competition for the Celluloid Button, Buclde and Novelty Manu- 
facturing Industry; and 

WHEREAS, the Deputy Administrator has reported, and it 
appears to the satisfaction of the National Industrial Recovery 
Board that the stay hereinafter granted is necessary and will tend 
to effectuate the policies of Title I of the National Industrial Recovery 
Act' 

NOW, THEREFORE, 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, hereby orders that the operation of said provision of 
said Code be and it is hereby stayed as to all parties subject thereto 
for a period of ninety (90) days from the date hereof, or until such 
time as an amendment to Article III, Section 10 is approved by said 
Board. 

This Order is subject to revocation at any time in the event of 
a subsequent showing therefor. 

National Industrial Recovery Board 
By W. A. Harriman Administrative Officer. 

Approval recommended: 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

January 23, 1936. 



178 

ADMINISTRATIVE ORDER NO. 84A1-10 

"Supplementary Code of Fair Competition for the Galvanized 
Ware Manufacturing Industry (a Division of the Fabri- 
cated Metal Products Manufacturing and Metal Finishing 
and Metal Coating Industry) — Approval of Plan for Sale 
of "'Seconds" 

An application having been duly made by the Supplementary Code 
Authority for the Galvanized Ware Manufacturing Industry for 
approval of a Plan for the sale of products which are classed as "sec- 
onds"; and 

• WHEREAS, Article V, Rule M, of the Supplementary Code of 
"Fair Competition for the Galvanized Ware Manufacturing Industry 
reads as follows: 

"The selling of "seconds" of any item of galvanized ware 
covered by this Supplementary Code shall be on a basis approved 
by the Agent of the Supplementary Code Authority and the 
Administrator and all such sales shall be reported to the Agent 
of the Supplementary Code Authority within ten (10) days after 
such sales are made." 
and, the Assistant Deputy Administrator having rendered a report 
recommending approval of said Plan for sale of "seconds"; 

NOW, THEREFORE, pursuant to the authority vested in the 
National Industrial Recovery Board, it is hereby ordered, subject to 
any pertinent rules and regulations issued by the National Industrial 
Recovery Board and to the right of the National Industrial Recovery 
Board to modify or terminate the approval of this Plan, as may seem 
±0 it necessary in order to effectuate the policies of Title I of the 
National Industrial Recovery Act, that the following plan be and it is 
hereby approved: 

"Any member of the Industry may dispose of "seconds", 
labelled or stenciled as provided in Rule L of Article V of the 
Supplementary Code for the Galvanized Ware Manufacturing 
Industry, at any prices, discounts, rebates, allowances, or other 
terms or conditions of sale ; provided that such member shall re- 
port to the Agent of the Supplementary Code Authority each and 
every sale of "seconds" in quantities of fifty (50) dozen or more of 
one size of one item within ten (10) days after such sale has been 
made; provided, further, that no member of the Industry shall 
be required to report sales of "seconds" in lots of less than fifty 
(50) dozen of one size of one item." 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 

Kilbourne Johnston, 
Per J. W. U., 

Acting Division Administrator. 

C. R. NiKLASON, 

Acting Deputy Administrator. 

Washington, D. C, 

January 23, 1935. 



479 

ADMINISTRATIVE ORDER NO. 474-13 

PiECE-WoRK Rates, Partial Modification for a Previous List of 



CODE OF FAIR COMPETITION FOR THE NEEDLEWORK INDUSTRY 
IN PUERTO RICO— SUPPLEMENTING ADMINISTRATIVE ORDER 
NO. 474-11 

WHEREAS, Administrative Order No. 474-11 supplementing 
Administrative Order No. 474-9 provides among other things that 
the conditional exemption granted therein and the revised schedule 
of piece-work rates contained in Exhibits "G" and "H" annexed 
thereto shall become effective on the 23rd day of January, 1935, 
unless good cause to the contrary is shown to the National Industrial 
Recovery Board prior thereto, and another order amending, modify- 
ing, or canceling this order be issued; and 

WHEREAS,"it appears that Exhibit "H" annexed hereto should 
not go into effect on January 23, 1935, in order to afford further 
opportunity to consider the objections received; and 

WHEREAS, no good cause has been shown why the revised sched- 
ule of piece-work rates contained in Exhibit "G" as set forth in 
Administrative Order No, 474-11 should not go into full force and 
effect as of January 23, 1935; and 

WHEREAS, the reports and recommendations submitted to us 
indicate and it is found that the stay hereinafter granted will tend 
to effectuate the policies of Title I of the National Industrial Re- 
covery Act; 

NOW, THEREFORE, pursuant to the authority vested in it by 
Executive Orders of the President of the United States, including 
Executive Order No. 6590-A, dated February 8, 1934, and Executive 
Order No. 6859, dated September 27, 1934, and otherwise, the Na- 
tional Industrial Recovery Board does hereby order as follows: 

1. That the provisions of Administrative Order No. 474-11 supple- 
menting No. 474-9 are in effect as of January 23, 1935, except that 
the piece-work rates for the needlework operations set forth and 
described in Exhibit "H" shall be those heretofore established by the 
Piece Rates Commission instead of those set forth in said Exhibit 

2. On the 6th day of February, 1935, the piece-work rates set forth 
in Exhibit "H" annexed hereto shaU become effective and super- 
sede the piece-work rates provided by paragraph 1 hereof for the 
operations set forth and described in said Exhibit "H" unless good 
cause to the contrary is shown to the National Industrial Recovery 
Board prior thereto, and another order amending, modifying, or 
canceling this order be issued. 

National Industrial Recovery Board 
By W. A. Harriman, Administrative Officer. 

Order recommended: 

Prentiss L. Coonley, 

Division Administrator, Textile Division. 

Washington, D. C., 

January 23, 1935. 



INDEX 



INDEX 



Industry 



Abrasive Grain 

Amendment, No. 1 

Hazardous occupations, Approval of a list of 
Abrasives, Coated (see also Coated Abrasives) __ 

Academic Costume 

Accessories, Upholstery Spring and (see also 

Upholstery Spring and Accessories) 

Accessories, Used Textile Machinery and — 
Distributing Trade (see also Used Textile 
Machinery and Accessories Distributing 

Trade) 

Accounting, Specialty — Supply Manufactur- 
ing (see also Specialty Accounting Supply 

Manufacturing) 

Acetylene, Oxy- (see also Oxy- Acetylene) 

Act. (See National Industrial Recovery Act.) 

Adhesive and Ink 

Adjustment. (See Surgical Dressings Indus- 
try.) 
Adjustment, Amendments to Bulletin No. 7, 

for handling and — of complaints 

Administration: 

Administration, Providing for notice of pro- 
ceedings and matters in the — of the 

National Industrial Recovery Act 

Administrator, Appointment of Hugh S. 

Johnson 

Administrator, Delegating further func- 
tions and powers to the — for Industrial 

Recovery 

Administrator, Delegation of Authority to 

— for Industrial Recovery to prescribe 
rules and regulations 

Administrator, Delegation of Authority to 

— for Industrial Recovery to Prescribe 
rules and regulations, etc 

Basic Code - — 

Amplification of previous provisions — 
Grocery Manufacturing, Ofi'ering a — 

to ... 

Providing supplementary provisions — 
Board. (iSee National Industrial Recovery 

Board.) 
Bulletin Board, Establishment and use of 

Official N. R. A 

Bulletin No. 7, Amendments to — for han- 
dling and adjustment of complaints (see 

also Bulletin No. 7) -- 

Certification and Exemplification of Docu- 
ments 

Code Administration, Regulations govern- 
ing collection of expenses of 

(481) 



Date 


Volume 


5-21-34 

9-13-34 

11- &-34 

12-30-33 

2-19-34 


X 

XVI 

XVIII 

IV 

VII 


3-10-34 


VII 


4- 4-34 


IX 


5-17-34 
12-15-33 


X 
IV 


9-19-34 


XVII 


4- 6-34 


IX 


12-21-33 


IV 


6-16-33 


I 


12-30-33 


IV 


2- 8-34 


VI 


2- 8-34 
7-10-34 
7-10-34 


VI 
XIII 
XIII 


9-21-34 
7-10-34 


XVII 
XIII 


1- 6-34 


V 


4- 6-34 


IX 


4-11-34 


IX 


4-14-34 


IX 



482 



Code 
No. 



Industry 



Administration — Continued. 

Code Authorities, Agents, Attorneys, etc.. 
Prescribing regulations governing re- 
moval and disqualification from service 

Code Authority, Appointment of Adminis- 
trator as member of each 

Code Blue Eagle Regulations, Creation, 
display and penalty 

Code — , Making provisions for a clause in 
codes of fair competition relating to col- 
lection of expense 

Compliance and Enforcement Director 
authorized to adjudicate questions in- 
volving government contracts and con- 
tracts involving government funds 

Contractors, Government — must comply 
with approved Codes of Fair Competition 

Cooperatives, Effect on — of Codes of Fair 
Competition 

Crushed Stone, Sand and Gravel, and Slag 
Industries, Administrative approval of 
Industrial Sand Division of the 

Delegation of Authority, Rules and regu- 
lations under Section 10 (a) and — under 
Section 2 (b) of the National Industrial 
Recovery Act ^ — 

Enforcement of Section 7 (a) of the National 
Industrial Recovery Act 

Enforcement of Section 7 (a) of the Na- 
tional Industrial Recovery Act 

Expenses, Governing collection of — of 
Code 

Federal Alcohol Control Administration, 
Delegating further functions and powers 
to the 

Hearings, Authorization of Administrator 
to appoint personnel, fix compensations 
and conduct 

Hospitals, Granting limited exemption from 
provisions of Codes of Fair Competition 
in connection with sales to 

Hospitals, Granting permanent stay of 
exemption from Codes of Fair Competi- 
tion in connection with sales to — for 
certain Industries 

Hospitals, Stay of order granting limited 
exemption from provisions of Codes of 
Fair Competition in connection with 
sales to 

Industrial Relations Committees for in- 
dustries operating under approved codes. 

Labels, Rules and regulations concerning — 
bearing Emblems or Insignia of the 
N. R. A 

Labor Provisions, Extension of time to 
apply for official copies of 

Labor Provisions, Prescribing Rules and 
Regulations for the Interpretation and 
Application of Certain — of Codes of 
Fair Competition 

Labor Provisions, Regulations governing 
the posting of — of Codes of Fair Com- 
petition 



Date 


Volume 


1-14-35 


XX 


9-29-33 


I 


4-12-34 


IX 


4r-14-34 


IX 


12-15-34 


XIX 


8-10-33 


I 


2-17-34 


VII 


12-27-33 


IV 


10-14-33 


VI 


2- 1-34 


VI 


2-23-34 


VII 


5-26-34 


X 


8-21-34 


XV 


7-15-33 


V 


1-23-34 


V 


3- 3-34 


VII 


2-2-34 


VI 


3-30-34 


IX 


1-17-34 


V 


4-14-34 


IX 


2-17-34 


VII 


2-28-34 


VII 



Page 



456 
733 
914 

879 

650~ 

729 
705 

707 

646 
652 
708 
987 

624 

763 

782 

729 

659 
890 

778 
918 

706 
724 



483 



Code 
No. 



532 
240 

297 



Industry 



Administration — Continued. 

Modify agreements, Authorizing Adminis- 
trator to — entered into or approved by 
the President under Title I of the Na- 
tional Industrial Recovery Act 

National Industrial Recovery Board. (See 
National Industrial Recovery Board.) 

Petroleum Industry, Administration of the 
— given to Secretary of the Interior 

Piece-workers, Interpreting provisions in 
codes which extend minimum hourly 
rates of pay to 

Safety and Health Standards, Force of pro- 
visions subsequent to approval by 
Administrator 

Secretar}^ of Agriculture, Amendment of 
Executive Orders which Delegated to 
the — certain Authority under the Na- 
tional Industrial Recovery Act 

Secretary of Agriculture, Amendment of 
Executive Order which delegated to 
the — Certain Authority under the Na- 
tional Industrial Recovery Act 

Secretary of Agriculture and Administra- 
tor for Industrial Recovery, Delegating 
power for joint code approval, etc 

Secretary of Agriculture, Continuing in 
effect the Authority delegated to the — 
by Executive Order No. 6182 

Secretary of Agriculture, Delegation of 
certain functions and powers to 

Secretary of the Interior, Delegation of 
authority under section 9 of the Act 

Sheltered Workshops. (See Sheltered 
Workshops.) 

Stay, Authority granted to Administrator 
to — application of Codes if petition is 
made within 10 days after effective date. 

Territorial exemptions and agreements and 
issuance of N. R. A. Insignia under Codes 
of Fair Competition 

Territories, Delegating authority to the 
Administrator to enter into agreements 

for 

Administrative Officer, Conferring of authority 
by the National Industrial Recovery Board 

upon the . 

Administrator. {See Administration; Appoint- 
ment.) 
Administrator's Territorial Cooperation Agree- 
ment, Approval of 

Advertising, Car — Trade (see also Car Adver- 
tising Trade) 

Advertising Display Installation 

Code Authority, Extension of time for elec- 
tion of permanent 

Suspension of Code, Partial 

Advertising Distributing Trade 

Code Authority, Extension of time to elect 
permanent 

Code Authority, Extension of time for elec- 
tion of permanent 

Suspension of Code, Partial 

114532—35-^—27 



Date 


Volume 


11-23-33 


III 


8-29-33 


I 


1- 4-35 


XX 


6-15-34 


XII 


10-20-33 


VI 


1- 8-34 


VI 


6-29-34 


XII 


7-21-33 


VI 


6-26-33 


I 


6-30-34 


XII 


7-15-33 


I 


7- 2-34 


XII 


6-27-34 


XII 


9-28-34 


XVII 


8-27-34 


XVI 


11-22-34 
1-30-34 


XIX 
V 


5-15-34 
5-28-34 
2-17-34 


X 

XI 
VII 


3-30-34 


IX 


5- 5-34 

5-28-34 


X 

XI 



Page 



657 

730 

434 
638 

647 

649 

620 

645 
712 
623 

715 
687 
612 
524 

522 

1 
601 

968 
797 
187 



956 

797 



484 



Industry 



Advertising Metal Sign and Display Manufac- 
turing (see also Fabricated Metal Products 
Manufacturing and Metal Finishing and 

Metal Coating Supplement, No. 17) 

Advertising Newspapers. {See Graphic Arts.) 
Advertising, Outdoor — Trade {see also Out- 
door Advertising Trade) 

Advertising Specialty Manufacturing 

Amendment, No. 1 

Wage and Hour Provisions, Requiring 
posting of — for the Graphic Arts Code 

by the 

Wage and hours, Continuance of basic 

agreement relevant to 

Advertising Topography. {See Graphic Arts.) 
Agents, Code Authorities, Attorneys, etc., Pre- 
scribing regulations governing removal and 

disqualification from service of 

Agreement, Approval of Administrator's Terri- 
torial Cooperation {see also Administrator's 

Territorial Cooperation Agreement) 

Agricultural Insecticide and Fungicide {see also 
Chemical Manufacturing Supplement, No. 1) 

Air, Compressed {see also Compressed Air) 

Air, Conditioning, Heating, Piping, and — Con- 
tractors' {see also Construction Supplement, 

No. 16) 

Air Filter {see also Machinery and Allied Prod- 
ucts Supplement, No. 32) 

Air Register, Warm {see also Warm Air Regis- 
ter) 

Air Transport 

Amendment, No. 1 

Amendment, No. 2 

Hazardous occupations, Approving list of. 

Air Valve 

Air, Warm — Furnace Manufacturing {see 

also Warm Air Furnace Manufacturing) 

Alcohol, Delegating further functions and pow- 
ers to the Federal — Control Administration _ 
Alcohol, Industrial {see also Chemical Manu- 
facturing Supplement, No. 3) 

Alcoholic Beverage Importing (Labor Provi- 
sion) 

Alcoholic Beverage Wholesale (Labor Provi- 
sion) 

All-Cotton Clothing Linings Division. {See 

Cotton Textile Supplement, No. 1.) 
Allied Products, Machinery and {see also 

Machinery and Allied Products) 

All-metal Insect Screen 

Alloy Casting 

Amendment, No. 1 

Amendment, No. 2 

Amendment. No. 3 

Expenses of Code Administration, Exemp- 
tion from Order relevant to collection of. 

AUoys 

Amendment, No. 1 

Alloys, Copper, Brass, Bronze and Related — 
Trade {see also Wholesaling or Distributing 
Trade Supplement, No. 21) 



Date 


Volume 


4-20-34 


IX 


2-24-34 

10-31-33 

1-15-35 


VII 

II 

XX 


6-26-34 


XII 


10-17-34 


XVIII 


1-14-35 


XX 


8-27-34 


XVI 


5- 1-34 
10-11-33 


X 

I 


7-25-34 


XIV 


7-21-34 


XIII 


6-28-34 
11-14-33 

9-12-34 
12-10-34 

8-16-34 

3-31-34 


XII 

III 

XVI 

XIX 

XVIII 

IX 


11-27-33 


III 


8-21-34 


XV 


8-21-34 


XV 


7-17-34 


XIII 


5-22-34 


X 


3-17-34 
11-14-33 
1-30-34 
7-22-34 
8-29-34 
9-27-34 


VIII 

III 

V 

XIII 

XVI 

XVII 


7-18-34 

9-5-34 

12-18-34 


XIII 
XVI 
XIX 


8-13-34 


XV 



869 



273 

97 
239 



664 
637 

456 

522 

685 
653 

331 

671 

145 
1 
355 
379 
607 
25 

461 

624 

557 

483 

601 



231 
9 
563 
473 
189 
223 

758 

99 

415 



511 



485 



Code 
No. 


Industry 


Date 


Volume 


Page 


443 


Alloys, Nickel and Nickel {see also Nickel and 
Nickel AUoj's) _________ 


5-24-34 
6-26-34 

11- 5-34 

1- 5-35 

10- 8-34 

2- 8-34 

11- 8-33 

1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 
1-16-34 

1-16-34 
1-16-34 
1-16-34 
1-16-34 

1-16-34 

6-15-34 

5-17-34 

12-30-33 

4-24-34 

11- 2-33 

3-22-34 

8-23-34 

2- 2-34 

10-10-34 

11-27-33 

7-31-34 

11-19-34 

12-18-34 

12-21-34 
9- 7-34 

11-22-34 
1- 4-35 


X 
XII 

XVIII 

XX 

XVII 

VI 

II 

V 
V 
V 
V 
V 
V 
V 
V 

V 
V 
V 
V 

V 

XII 

X 

IV 
X 

II 

VIII 

XV 

VI 

XVIII 

III 

XIV 
XIX 

XIX 

XX 

XVI 

XIX 
XX 


381 


470 


Aluminum 

Jurisdictional interpretation in conjunction 
with the Electrical Manufacturing In- 
dustry - 


113 




Trial period, Approved for a further 

Trial period, Approving a further 


435 
548 


268 


Aluminum Permanent Mold Castings Division. 
{See Non-Ferrous Foundry.) 

Aluminum, Secondary. {See Secondary Alumi- 
num) _ _ _ _ _ _ 


305 


215 


Ambulance, Funeral Vehicle and (Supplement 
to Automobile Manufacturing) 

Amendment. {See Executive Orders; National 

Industrial Recovery Act.) 
American Glassware _ 


671 

257 




Automatic Glassware Division 

Automatic Tumbler Glassware Division 

Automobile Glassware Division,, 


257 
257 
257 




Blown Glassware Division _ _ 


257 




Blown Table Glassware Division _ __ __ 


257 




Glassware Cutting and Decorating Division. 
Illuminating Glassware Division 


257 

257 




Lamp Chimneys and Lantern Globes Divi- 
sion _____ __ _ 


257 




Miscellaneous Glassware Division _ 


257 




Pressed Glassware Division 


257 




Scientific Glassware Division. 


257 




Technical and Industrial Glassware Divi- 
sion _ _ _ ______ 


257 


195 


Minimum Wage Schedules, Extension of 

time to file recommendations for 

Wage schedules. Extending time to file 

recommendations as to minimum 

American Leather Belting Division. {See 

Leather Industry Amendment, No. 1.) 
American Match _ 


633 
975 

621 




Amendment, No. 1 


44^1 


85 


American Petroleum Equipment 


33q 


354 


Ammunition, Small Arms and — Manufacturing 
{see also Small Arms and Ammunition Manu- 
facturing) _ _ _ _ 


347 


504 


Animal Glue . ___ 


101 


253 


Animal Soft Hair 


97 




Amendment, No. 1 __ 


121 


138 


Anti-Friction Bearing __ 


473 




Amendment, No. 1 _ _ _ _ 


213 




Amendment, No. 2__- 


223 


536 


Apparatus, Chlorine Control — Industry and 
Trade {see also Chlorine Control Apparatus 
Industry and Trade) 


55 




Appendix: 

Fabricated Metal Products Manufacturing 
and Metal Finishing and Metal Coating: 
Fireplace Furnishings Manufacturing, 
No. 3 __ - 


319 




Fly Swatter Manufacturing, No. 1 

Metal Spinning and Stamping Manu- 
facturing, No. 2__ ___ __ 


413 
453 




Mine Tool Manufacturing, No. 4 


327 



486 



Industry 



Appliance, Cooking and Heating — Manufactur- 
ing (see also Cooliing and Heating Appliance 

Manufacturing) 

Appliance, Liquid Fuel — Manufacturing (see 
also, Fabricated Metal Products Manufactur- 
ing and Metal Finishing and Metal Coating 

Supplement, No. 53) 

Appliance, Locomotive (see also Machinery and 

Allied Products Supplement, No. 12) 

Appliance, Locomotive • — Subdivision. (See 

Machinerv and Allied Products Amendment, 

No. 3.) 

Appliance, Railway — Manufacturing (see also 

Machinery and Allied Products Supplement, 

No. 39) 

Appliances, Railway Car (see also Fabricated 
Metal Products Manufacturing and Metal 
Finishing and Metal Coating Supplement, 

No. 5) 

Appliance, Railway Safety (see also Railway 

batety Appliance) 

Appointment: 

Central Statistical Board 

Hugh S. Johnson as Administrator 

Hugh S. Johnson to appoint personnel, fix 

compensations, and conduct hearings 

Hugh S. Johnson to serve temporarily as 

member of each Code Authority 

Sheltered Workshops, Providing for the 
design and use of insignia, specifying 
pledge to be signed, and — of National 

Committee 

Apprentice training. Application of Labor Provi- 
sions of Codes of Fair Competition affecting. 
Appropriation, Expenditures out of allocations 
from the — ■ for National Industrial Recovery. 
Aprons Division. (See Leather Industry Amend- 
ment, No. 1.) 
Arch, Locomotive — Refractories Division. 

(See Refractories.) 
Archery. (*See Athletic Goods Manufacturing.) 
Arches^ Suspended Walls and — Division. (See 

Refractories.) 
Architectural, Ornamental, and Miscellaneous 
Iron, Bronze, Wire and Metal Specialties 
Manufacturing (see also Fabricated Metal 
Products Manufacturing and Metal Finish- 
ing and Metal Coating Supplement, No. 55)-- 
Arms, Small ■ — and Ammunition Manufacturing 
(see also Small Arms and Ammunition Manu- 
facturing) 

Artificial Flower and Feather 

Amendment, No. 1 

Amendment, No. 2 __- 

Approving overtime work on certain condi- 
tions for the — • Industry 

Denial of Application for exemption by 

Kaplan Brothers 

Artificial Limb Manufacturing 

Artistic Lighting Equipment Manufacturing (see 
aho Fabricated Metal Products Manufactur- 
ing and Metal Finishing and Metal Coating 
Supplement, No. 37) 



Date 


Volume 


1-30-34 


V 


9-24-34 


XVII 


6- 5-34 


XI 


8- 1-34 


XIV 


2- 9-34 


VI 


1-12-34 


V 


7-27-33 
6-16-33 


I 
I 


7-15-33 


V 


9-29-33 


I 


5-11-34 


X 


6-27-34 


XII 


3-27-34 


VIII 


11-20-34 


XIX 


3-22-34 

9-18-33 

8-14-34 

10-31-34 


VIII 

I 

XV 
XVIII 


2-21-34 


VIII 


11- 4-33 
8-28-34 


II 

XVI 


6-28-34 


XII 



549 

419 

645 

523 

637 

33 

724 
711 

763 

733 

961 
613 

863 



479 



347 
381 
293 
433 

715 

701 

85 



509 



487 



Code 
No. 



335 

287 
80 



191 
150 



99 
510 



239 



254 



Industry 



Art Needlework 

Amendment, No. 1 

Arts, Graphic (see also Graphic Arts) 

Asbestos 

Asbestos Cement Products Division 

Asbestos Paper and Allied Products Divi- 
sion 

Asbestos Magnesia Products Division 

Asbestos Textile Products Division 

Brake Lining and Related Friction Prod- 
ucts Division 

Amendment, No. 1 

Brake Lining Division, Merchandising Plan, 

Approving amendment to the 

Brake Lining Division, Merchandising Plan, 

Approving amendment to the 

Brake Lining and Related Friction Prod- 
ucts Division, Approving a Merchandis- 
ing Plan for the 

Ashes, Cinders, — , and Scavenger Trade (see also 

Cinders, Ashes, and Scavenger Trade) 

Asphalt and Mastic Tile 

Amendment, No. 1 

Costs, Staying code provisions relevant to 

prices covering installation 

Asphalt Shingle and Roofing Manufacturing 

Assembled Watch 

Terms, Stay of code provisions subject to 

compliance with Wholesale Jewelry 

Wages and Hours, Granting temporary stay 

of provisions relevant to 

Assembling, Porcelain Breakfast Furniture (see 
also Porcelain Breakfast Furniture Assembling). 
Assessment, Establishing single — principle for 
establishments engaged in Retail Distribution. 
Athletic Goods Distributing Trade (see also 
Wholesaling or Distributing Trade Supple- 
ment, No. 13) 

Athletic Goods Manufacturing 

Archery Division 

Badminton Division 

Balls Division 

Baseball Division 

Basket Ball Division 

Boxing Division 

Cricket Division 

Emblems Division 

Equipment Division 

Field Athletics Division 

Golf Division 

Handball Division 

Football Division 

Hockey Division 

La Crosse Division 

Letters Division 

Pennants Division 

Polo Division 

Racquets Division 

Shoe Division 

Squash Division 

Rugby Foot Ball Division 

Soccer Division 

Tennis Division 



Date 


Volume 


3-16-34 


VIII 


7-17-34 


XIII 


2-17-34 


VII 


11- 1-33 


II 


11- 1-33 


II 


11- 1-33 


II 


11- 1-33 


II 


11- 1-33 


II 


11- 1-33 


II 


4-27-34 


X 


10- 1-34 


XVII 


1-21-35 


XX 


8- 8-34 


XV 


12-30-33 


IV 


12- 7-33 


III 


7-20-34 


XIII 


8-13-34 


XV 


11- 6-33 


II 


8-27-34 


XVI 


10-29-34 


XVIII 


12- 7-34 


XIX 


1-30-34 


V 


1- 7-35 


XX 


7-17-34 


XIII 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 


2- 2-34 


VI 



488 



Industry 



Athletic Goods Manufacturings — Continued 

Track Division 

Uniforms Division 

Volley Ball Division 

Water Polo Division 

Wrestling Division 

Amendment, No. 1 

Amendment, No. 2 

Athletic Underwear Manufacturers Division. 

(See Cotton Garment.) 
Atlantic Mackerel Fishing (see also Fishery 

Supplement, No. 4) 

Attorneys, Code Authorities, Agents, etc., 
Prescribing regulations governing removal 

and disqualifications from service of 

Auction House, Broker and — Division. (See 

Fur Dealing Trade Amendment, No. 2.) 
Auction and Loose Leaf Tobacco Warehouse, 
Hours and wages. Granting stay of code 

provisions relevant to 

Auto, Fabric — Equipment Division. (See 

Light Sewing Industry Except Garments.) 
Automatic Glassware IDivision. (See Ameri- 
can Glassware.) 

Automatic Sprinkler 

Amendment, No. 1 

Cost accounting system, Approving basis 

of 

Cost accounting system Staying effective 

date of order approving 

Cost accounting system. Stay of order 

approving the 

Automatic Tumbler Glassware Division. (See 

American Glassware.) 
Automobile Fabrics, Proofing and Backing 

Division. (See Rubber Manufacturing.) 
Automobile Glassware Division. (See Ameri- 
can Glassware.) 
Automobile Hot Water Heater Manufacturing 
(see also Automotive Parts and Equipment 

Manufacturing Supplement, No. 1) 

Automobile Manufacturing 

Amendment, No. 1 

Amendment, No. 2 

Amendment, No. 3 

Amendment, No. 4 

Automotive Board of Three, Authorization 
to pass on certain questions arising in 
Automotive Parts and Equipment Man- 
ufacturing 

Board, Establishing a — of three 

Supplement, No. 1 — Funeral and Ambu- 
lance Subdivision 

Automotive Chemical Specialties Manufactur- 
ing 

Classification of member 

Automotive Parts and Equipment Manufactur- 
ing 

Amendment, No. 1 

Amendment, No. 2 

Authorization of the Automotive Board of 
Three to pass on certain questions arising 
in 



Date 


Volume 


2- 2-34 
2- 2-34 
2- 2-34 
2- 2-34 
2- 2-34 
5-31-34 
10- 9-34 


VI 
VI 
VI 
VI 
VI 
XI 
XVII 


5- 3-34 


X 


1-14-35 


XX 


11- 5-34 


XVIII 


10- 9-33 
7-20-34 


I 

XIII 


8-24-34 


XV 


9-21-34 


XVII 


9- 7-34 


XVI 


6-25-34 
8-26-33 

12-18-33 
1- 8-34 
8-31-34 

11- 2-34 


XII 

I 

IV 

V 

XVI 

XVIII 


4-27-34 
3-26-34 


IX 
VIII 


11- 8-33 


II 


9-27-34 
10- 5-34 


XVII 
XVII 


11- 8-33 
3-29-34 
8-23-34 


II 

IX 
XV 


4-27-34 


IX 



489 



Industry 



Automotive Parts, etc. — Continued 

Classification of members 

Supplement, No. 1, for Automobile Hot 

Water Heater Manufacturing 

Amendment, No. 1 

Supplement, No. 2, for Replacement Axle 

Shaft Manufacturing 

Amendment, No. 1 

Supplement, No. 3, for Leaf Spring Manu- 

turing 

Supplement, No. 4, for Wheel and Rim 

Manufacturing 

Supplement, No. 5, for Carburetor Manu- 
facturing 

Supplement, No. 6, for Oil Filter Manu- 
facturing 

Supplement, No. 7, for Automotive Shop 

Equipment Manufacturing 

Supplement, No. 8, for Powdered Metal 

Bearing Manufacturing . 

Supplement, No. 9, for Gasket Manufactur- 
ing ---. 

Automotive Shop Equipment Manufacturing 
(see also Automotive parts and Equipment 

Manufacturing Supplement, No. 7) 

Automotive, Wholesale — Trade (see also 

Wholesale Automotive Trade) 

Auxiliary, Marine — Machinery {see also Ma- 
rine Auxiliary Machinery) 

Aviation, Commercial (see also Commercial 

Aviation) 

Axe Division. (See Tool and Implement Manu- 
facturing Industry Supplement.) 

Axle Shaft, Replacement — Manufacturing (see 
also Automotive Parts and Equipment Manu- 
facturing Supplement, No. 2) 

Backing, Automobile Fabrics, Proofing and — 

Division. (See Rubber Manufacturing.) 
Backwall, Pottery Supplies and — and Radiant 
(see also Pottery Supples and Backwall and 

Radiant) 

Badminton. (See Athletic Goods Mamufactur- 

ing.) 
Bag Case and Strap Division. (See Leather 

Amendment, No. 2.) 
Bag, Hand — Frame Manufacturing (see also 
Fabricated Metal Products Manufacturing 
and Metal Finishing and Metal Coating Sup- 
plement, No. 45) 

Bag, Paper — Manufacturing (see also Paper 

Bag Manufacturing) 

Bag, Transparent — and Envelope Division. 

(See Transparent Materials Converters.) 
Bag, Used Textile (see also Used Textile Bag) - 

Bag, Textile (see also Textile Bag) 

Bakers', Retail — Division. (See Baking.) 
Bakery Equipment Manufacturing (see also 
Machinery and Allied Products Supplement, 

No. 29) 

Baking 

Cake Bakers' Division.. 

House to house Bakers' Division 

Local Wholesale Bakers' Division 



Date 


Volume 


10- 5-34 


XVII 


6-25-34 
10-23-34 


XII 
XVIII 


7- 3-34 
11- 9-34 


XII 
XIX 


7-18-34 


XIII 


10-24r-34 


XVIII 


10-24-34 


XVIII 


10-26-34 


XVIII 


11-30-34 


XIX 


12-18-34 


XIX 


12-20-34 


XX 


11-30-34 


XIX 


12-18-33 


IV 


1-30-34 


V 


8-28-34 


XVI 


7- 3-34 


XII 


2-16-34 


VI 


8- 1-34 


XIV 


1-26-34 


V 


2- 8-34 
9-18-33 


VI 

I 


7-13-34 

5-28-34 
5-28-34 
5-28-34 
5-28-34 


XIII 
XI 
XI 
XI 

XI 



538 

475 
289 

533 
145 

631 

573 
585 
595 
505 
517 
333 

505 

185 

625 

69 



533 



539 



463 
461 



295 
361 



595 
1 
1 
1 
1 



490 



Code 

No. 



Industry 



Baking — Continued . 

Multiple Unit Retail Bakers' Division 

Multistate Bakers' Division 

Pie Bakers' Division 

Retail Bakers' Division 

Specialt}' Bakers' — Dark Bread Division... 
Specialty Bakers' — White Bread Division.. 

Amendment, No. 1 

Amendment, No. 2 

Amendment, No. 3 

Code Authority, Staying effective date and 
increasing time for the — to file reports. 
Exemption, Denying application of the 
Code Authority for the Restaurant Indus- 
try for an 

Mutilation of returns, Approving methods 

of 

Price lists. Extending stay relevant to 

Price lists, Stay of code provisions for mul- 
tiple unit retail bakers from provisions 

requiring filing of 

Price Lists, Stay of code provisions relevant 

to 

Report of Code Authority on labor, hour 
and wage provisions, Extending time for 

! the 

Baking Industry in Puerto Rico 

Ball Clay Production 

Balls. {See Athletic Goods Manufacturing.) 
Banana and Dry Cleaner or Garment Delivery. 
Bag Division. {See Paper Bag Manufacturing.) 

Bank Instrument Manufacturing 

Hazardous occupations. Approving a list 

of 

Bank and Commercial Stationery. {See Graphic 
Arts.) 

Bank and Security Vault Manufacturing 

Bankers 

Amendment, No. 1 

Amendment, No. 2 ^' 

Stay of effective date of Article VIII 

Bankers, Investment {see also Investment 

Bankers) 

Bankers, Mutual Savings {see also Mutual Sav- 
ings Bankers) 

Barber, Beauty and — Equipment and Sup- 
plies Trade {see also Wholesaling or Distribut- 
ing Trade Supplement, No. 4) 

Barber, Beauty and — Shop Mechanical Equip- 
ment Manufacturing {see also Beauty and 
Barber Shop Mechanical Equipment Manu- 
facturing) 

Barber Shop Trade 

Suspension of Code, Partial 

Barber Supplies, Beauty and — Division. {See 

Wholesaling or Distributing Trade.) 
Barrel, Standard Steel — and Drum Manufac- 
turing {see also Fabricated Metal Products 
Manufacturing and Metal Finishing and 

Metal Coating Supplement, No. 26) 

Baseball. {See Athletic Goods Manufacturing.) 



Date 


Volume 


5-28-34 


XI 


5-28-34 


XI 


5-28-34 


XI 


5-28-34 


XI 


5-28-34 


XI 


5-28-34 


XI 


6-16-34 


XII 


9-27-34 


XVII 


12-18-34 


XIX 


6-16-34 


XII 


10-20-34 


XVIII 


11-19-34 


XIX 


10- 6-34 


XVII 


10-15-34 


XVIII 


7-19-34 


XIII 


11-22-34 


XIX 


1^21-34 


XX 


1-16-34 


V 


2-10-34 


VI 


9-27-34 


XVII 


5- 1-34 


IX 


10- 3-33 


I 


1-22-34 


V 


11-28-34 


XIX 


12-11-33 


IV 


11-27-33 


III 


10- 9-33 


I 


4- 4-34 


IX 


2-16-34 


VI 


4-19-34 


IX 


5-28-34 


XI 


5-16-34 


X 



491 



Industry 




Volume 



Page 



Basic Code 

Amplification of previous provisions 

Grocery Manufacturing, Offering a — to 
the 

Providing supplementary provisions 

Basic Refractories Division. {See Refractories.) 

Basket Ball. (See Athletic Goods Manufactur- 
ing-) 

Battery, Electric Storage and Wet Primary {see 
also Electric Storage and Wet Primary Bat- 
ter