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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
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