(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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



NATfONAL RECOVERV 




V"""" 




CODES OF FAIE 






i 

! 










■ ^.^LVM.L. 








M .1- I: ■• TO U 




■^ 




__ ^ — .-^.— _^ — ■. — . — — «.. .. 





rb 



rNo C ^^^\ ^f\H^C 



^ 



.#v^^ 



V. x^ 




t 



3^ 



NATIONAL RECOVERY ADMINISTRATION 

NATIONAL INDUSTRIAL RECOVERY BOARD 



CODES OF FAIR COMPETITION 

Nos. 554-557 
AS APPROVED 

MARCH 6, 1935 -APRIL 22, 1935 

WITH SUPPLEMENTAL CODES, AMENDMENTS, EXECUTIVE 

AND ADMINISTRATIVE ORDERS ISSUED 

BETWEEN THESE DATES 



VOLUME XXII 




WE DO OUR PART 



• t ' 'TJNlTElic STATES' ■ ' ' ' ' 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 



MAY 26 193$ 



^ 



Z^\/\ ^H 



V ,a% 



Ojftfgp^ to credit acci 



CONTENTS 



Code 
No. 


Industry 


Date ap- 
proved 


Page 


554 
555 


CODES OF FAIR COMPETITION 

Graphic Arts Industry In The Territory of Hawaii 

Zinc 


3- 7-35 
3-26-35 

3-26-35 
3-30-35 


1 
29 


556 


Wholesale and Retail Automobile Sales, Supply, Re- 
pair, Maintenance and Service Industry In The 
Territory of Hawaii _ __ 


53 


557 


Bowling and Billiard Equipment Industry and Trade . 


73 



Industry 



Date 



Page 



AMENDMENTS 

Rayon and Silk Dyeing and Printing, No. 2 

Umbrella Manufacturing, No. 3 

Cordage and Twine, No. 1 

Cotton Garment, No. 9 

Metallic Wall Structure, No. 2 (A Division of Fabricated Metal 
Products Manufacturing and Metal Finishing and Metal 

Coating) 

Precious Jewlery Producing, No. 2 

Hosiery, No. 5 

Liquid Fuel Appliance Manufacturing, No. 1 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Restaurant, No. 3 

Lumber and Timber Products Industries, No. 31 

Motion Picture, No. 4 

Powder Puff, No. 2 

Bituminous Coal, No. 7 

Electrical Wholesale Trade, No. 1 (A Division of Wholesaling 

or Distributing Trade"* 

Oyster Shell Crushers, No. 1 

Lumber and Timber Products Industries, No. 32 

Rayon and Silk Dyeing and Printing, No. 3 

Beverage Dispensing Equipment, No. 2 

Flag Manufacturing, No. 1 

Men's Neckwear, No. 6 

Ravon and Silk Dveing and Printing, No. 4 

Retail Trade, No. 9 

Roofing and Sheet Metal Contracting, No. 1 (A Division of 

Construction) 

Silk Textile, No. 6 

Asphalt Shingle and Roofing Manufacturing, No. 1 

Candy Manufacturing, No. 1 

Furniture Manufacturing, No. 4 

Porcelain Breakfast Furniture Assembling, No. 2 

Schiffli, the Hand Machine Embroidery, and the Embroidery 

Thread and Scallop Cutting Industries, No. 2 "_ 

Textile Processing, No. 7 

Fur Dressing and Fur Dyeing, No. 6 

Motor Vehicle Retailing Trade, No. 5 

Radio Broadcasting, No. 1 

(m) 



3- 6-35 


87 


3- 6-35 


91 


3- 7-35 


95 


3- 7-35 


99 


3- 7-35 


103 


3- 7-35 


107 


3- 8-35 


111 


3- 8-35 


117 


3- 8-35 


123 


3-11-35 


129 


3-11-35 


133 


3-11-35 


143 


3-14-35 


147 


3-14-35 


151 


3-14-35 


155 


3-15-35 


159 


3-15-35 


165 


3-16-35 


169 


3-16-35 


175 


3-16-35 


179 


3-19-35 


183 


3-19-35 


189 


3-20-35 


193 


3-20-35 


199 


3-21-35 


203 


3-21-35 


209 


3-21-35 


213 


3-21-35 


217 


3-21-35 


223 


3-21-35 


227 


3-23-35 


231 


3-23-35 


235 


3-23-35 


241 



C ONTENTS— Continued 



Industry 



Date 



AMENDMENTS— Continued 

Venetian Blind, No. 1 

Plumbing Fixtures, No. 3 

Baking, No. 5 

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

Coating) 

Artificial Limb Manufacturing, No. 1 

Bituminous Coal, No. 8 

Electric Hoist and Monorail Manufacturing, No. 2 

Leather and Woolen Knit Glove, No. 3 

Standard Steel Barrel and Drum Manufacturing, No. 1 (A 
Division of Fabricated Metal Products Manufacturing and 

Metal Finishing and Metal Coating) 

Vitreous Enameled Ware Manufacturing, No. 1 (A Division of 
Fabricated Metal Products Manufacturing and Metal Fin- 
ishing and Metal Coating) 

Woodworking Machinery, No. 1 (A Division of Machiner}- and 

Allied Products) 1 

Academic Costume, No. 1 . 

Lime, No. 2 

Slit Fabric Manufacturing, No. 2 

Blouse and Skirt Manufacturing Industries, No. 2 

Excelsior and Excelsior Products, No. 2 

Needlework Industry in Puerto Rico, No. 2 

Beverage Disj^ensing Equipment, No. 3 

Hosiery, No. 6 

Lightning Rod Manufacturing, No. 1 

Metal Tank, No. 2 

Milk Filtering Materials and the Dairy Products Cotton 

Wrappings, No. 2 

Nonferrous Hot Water Tank Manufacturing, No. 1 (A Divi- 
sion of Fabricated Metal Products Manufacturing and Metal 

I'inishing and Metal Coating) 

Package and Pasteurized-Blended and Process Cheese, No. 1 _ . 

Shovel, Dragline, and Crane, No. 3 

Bank and Security Vault Manufacturing, No. 1 

Corset and Brassiere, No. 4 

Pyrotechnic Manufacturing, No. 2 

Coffee, No. 3 

Band Instrument Manufacturing, No. 1 

Canned Salmon, No. 1 

Cork, No. 3 

Funeral Supply, No. 3 

Slit Fabric Manufacturing, No. 3 

Steel Package Manufacturing, No. 1 (A Division of Fabricated 
Metal Products Manufacturing and Metal Finishing and 

Metal Coating) 

Beauty and Barber Shop Mechanical Equipment Manufactur- 
ing, No. 2 

Kalamein, No. 1 (A Division of Construction) 

Cigar Manufacturing, No. 2 

Industrial Supplies and Machinery Distributors' Trade, No. 2. 

Machine Tool and Equipment Distributing Trade, No. 2 

Cement Gun Contractors' No. 2 (A Division of Construction).. 

Hosiery, No. 7 

Wholesale Wallpaper Trade, No. 3 (A Division of Wholesaling 

or Distributing Trade) 

Construction Machinery Distributing Trade, No. 2 

Plumbing Contracting, ISlo. 2 (A Division of Construction) 

Brattice Cloth Manufacturing, No. 1 .- -.. 

(IV) 



3-23-35 
3-25-35 
3-27-35 



3-27-35 
3-30-35 
3-30-35 
3-30-35 
3-30-35 



3-30-35 



3-30-35 

3-30-35 
4- 1-35 
4- 1-35 
4- 1-35 
4- 2-35 
4- 3-35 
4- 3-35 
4- 6-35 
4- 6-35 
4- 6-35 
4- 6-35 

4- 6-35 



4- 6-35 
4- 6-35 
4- 6-35 
4- 8-35 
4r- 8-35 
4-10-35 
4-11-35 
4-13-35 
'1-13-35 
4-13-35 
4-13-35 
4-13-35 



4-13-35 

4-15-35 
4-16-35 
4-17-35 
4-17-35 
4-17-35 
4-18-35 
4-19-35 

4-19-35 
4-20-35 
4-20-35 
4-22-35 



CONTENTS— Continued 



Industry 



Date 



SUPPLEMENTS 

Fishery, No. 10, for Middle Atlantic Preparing and Wholesaling 
or Wholesaling 

Construction, General Contractors, No. 1, for Highway Con- 
tractors 

Construction, No. 21, for Cork Insulation Contractors 



EXECUTIVE ORDERS 

National Industrial Recovery Board, Reconstituting the 

Secretar}' of Agriculture, Transferring specified codes from the 
jurisdiction of the — back to the National Recovery Admin- 
istration 



ADMINISTRATIVE ORDERS 

N. R. A. Emblem, Rules and regulations concerning display of-. 

N. E. A. Emblems and Insignia and N. R. A., N. I. R. A., and 
Biue Eagle, Rules and regulations concerning use of 

Farmers' and Consumers' Cooperatives, Correction of defini- 
tion 



Assembled Watch, Terms of sale, Denying a stay relevant to.. 

Noveltj' Curtains, Draperies, Bedspreads and Novelty Pillows, 
Needlework Industry in Puerto Rico, Domestic Decorative 
Linens Branch Contractor'; exempted from the former 

Wood Cased Lead Pencil ^Manufacturing, Price and Marketing 
Terms, Temporary stay extended for 

Wool Felt Manufacturing, Export sales. Exemption relevant to. 

Cosmetic Contaiiier Manufacturing, Fitting up charges, Ex- 
tending stay relevant to 

Rock and Slag ^A"ool Manufacturing, Hours of labor, Tempo- 
rary provisional stay relevant to 

Trucking, Registration and bills of lading, Drive-It- Yourself 
Industry exempted from provisions relevant to 

Trucking, Household Goods Storage and Moving Trade, Juris- 
dictional adjudication. Approving a 

Wholesale Food and Grocery Trade, Loss limitations provisions. 
Stay extended further relevant to 

Laundry Trade, Termination date, Further extension 

Printing Ink Manufacturing, Hazardous occupations. Approv- 
ing a list of 

Retail Tiade, Saje of soap, Temporary stay reenacted 

Insecticide and Disinfectant Manufacturiiig, Hazardous occu- 
pations. Approving a list of 

Men's Clothing, Hours of labor, Provisional and partial stay 
relevant to 

Tapioca Dry Products, Hazardous occupations. Approving a list 



Wiring Device, Imports, Continuing staj' relevant to 

Dre-s Manufacturing, Cotton Garment, Impartial Commission, 
Extending the duties and functions of the 

Folding Paper Box, Hazardous occupations. Approving a list of. 

Learners and Apprentices, Interpretation of provisions in vari- 
ous codes prescribing term of employment of 

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 — , 
extended further 

Petroleum, Bona Fide and Legitimate Cooperatives, Delega- 
tion of authority to determine whether organizations are 



3- 8-35 

3-16-35 

4- 1-35 



3-21-35 
3-30-35 

10-17-33 

11- 4-33 

5-19-34 
3- 6-35 

3- 6-35 

3- 6-35 
3- 7-35 

3- 8-35 

3- 8-35 

3- 8-35 

3- 8-35 

3- 8-35 
3- 9-35 

3- 9-35 
3-11-35 

3-12-35 

3-12-35 

3-12-35 
3-13-35 

3-15-35 
3-15-35 

3-15-35 

3-16-35 
3-16-35 



495 

523 

537 



551 

552 

555 

556 

557 
558 

559 

560 
561 

562 

563 

564 

566 

568 
569 

570 
571 

572 

573 

574 
575 

576 

577 

579 

580 
581 



(V) 



CONTENTS— Continiied 



Inda^try 



Date 



ADMINISTRATIVE ORDERS— Continued 



Electro Plating and Metal Polishing and Metal Finishing, Code 
Authority powers, duties and procedure, Approval stay par- 
tially discontinued " 

Furniture Manufacturing, Jurisdictional adjudication for 
"kitchen or pantry cabinets" 

Hardwood Distillation, Forest Practice rules for Western Divi- 
sion, Approval of 

American Match, Hazardous occupatior^s, Approving a list of- 

Vegetable Ivory Button Manufacturing, Swatch Matching 
Service, Staying provisions relevant to 

Smoking Pipe Manufacturing, Cost Accounting System ex- 
tended 

Aluminum, Trade Practice provisions suspended 

Dress Manufacturing, Wage differentials, Further extension of 
time to repoi't on existing 

Cotton Garment, Piece rates, Partial stay extended relevant to. 

Filing Supply, Discriminations and terms of sale, Temporary 
stay relevant to 

Needlework Industry in Puerto Rico, N. R. A. Labels, Rules 
and regulations governing the issuance of 

Scrap Iron, Non-Ferrous Scrap Metals and Waste Materials 
Trade, Scrap Rubber, Hazardous occupations, Approving a 
list of 

Drapery and Upholstery Trimming, Code extended 

GiBimed Label and Embossed Seal, Hazardous occupations. 
Approving a list of 

Paper Stationery and Tablet, Hazardous occupations, Approv- 
ing a li-t of 

Rubber Manufacturing, Rubber Footwear Division, Prices and 
terms of sale. Stay relevant to 

Cotton Textile, Emergency declared, Industry Committee 
authorized to determine temporary adjustments and Re- 
search and Planning Committee designated to report reme- 
dial possil;ilities 

Novelty Curtains, Draperies, Bedspreads, and Novelty Pillows, 
Hours of labor and productive machinery, Provisional stay 
relevant to 1 "__ 

Scrap Iron, Non-Ferrous Scrap IVIetal and Waste Materials 
Trade, Cotton Rag, Hazardous occupations. Approving a 
list of 

Scrap Iron, Non-Ferrous Scrap Metal and Waste Materials 
Trade, Nonferrous Scrap Metals, Hazardous occupations, 
Approving a list of 

Budgets for Code Authorities and submission of basis of con- 
tribution, Delegation of abrogation and stay power 

Dress Manufacturing, Cotton Garment, Comirnission provided 
to report on specified provisions and specified previous orders 
stayed 

Retail Tobacco Trade, Prices, Further extension of order de- 
termining basis for fixing minimum 

Wholesale Tobacco Trade, Prices, Further extension of order 
determining basis for fixing minimum 

Art Needlework, Label requirements. Stay relevant to 

Carpet and Rug Manufacturing, Volume allowance, Stay of 
provisions relevant to 

Cork, Cork Marine Goods Manufacturers Division, Merchan- 
dising Plan approved for the 

Expenses of Code Administration, Collection of 

Insignia, Rules and regulations relating to the reproduction of 

N. R. A .._ ..: .. 



3-18-35 

3-18-35 

3-18-35 
3-19-35 

3-19-35 

3-20-35 
3-21-35 

3-21-35 
3-23-35 

3-23-35 

3-23-35 

3-23-35 
3-25-35 

3-25-35 

3-25-35 

3-25-35 

3-26-35 

3-28-35 

3-28-35 

3-28-35 
3-29-35 

3-29-35 

3-29-35 

3-29-35 
3-30-35 

3-30-35 

3-30-35 
3-30-35 

3-30-35 



(VI) 



CONTENTS— Continued 



Industry 



Date 



ADMINISTRATIVE ORDERS— Continued 

Leather and Woolen Knit Glove, Wages for skilled workers, 

Approving of minimum scales of 

Chain Manufacturing, Tire Chain Consignment Plan approved- 
Coat and Suit, Dress Manufacturing, Inter-Code Agency's 

determinations stayed 

Solid Braided Cord, Label regulation, Approving one 

Envelope, Hazardous occupations, Approving a list of 

Rubber Manufacturing, Jar Rings, Guaranty provisions, Stay 

relevant to 

Labels, Delegation to the Deputy Administrator for Puerto 

Rico authority pursuant to 

Merchant and Custom Tailoring, Hazardous occupations, Ap- 
proving a list of 

Retail Trade, Terms of sale, Interpretation relevant to 

Scientific Apparatus, Clinical Thermometer Section, Trade 

Marks, Staj- of provisions applicable to 

Women's Belt, Overtime work, Provisional approval of 

Automatic Sprinkler, Sales, contracts, etc.. Stay relevant to 

Population decision for Little Rock and North Little Rock, 

Arkansas, Revoking a 

Retail Trade, Sale of soap, Temporary stay extended 

Canning, Piece rates for tomato peeling. Optional exemption. _ 

Aluminum, Trial period, Approved for a further 

Cotton Garment, Terms of sale. Stay extended for Union Made 

Garments of provisions relevant to 

Floor and Wall Clay TUe Manufacturing, Distribution defini- 
tion of a wholesaler and a merchant tile contractor. Stay of 

provisions relevant to 

Road Machinery Manufacturing, Resale Values of Secoud- 

Hand or Old Equipment, Amending regulations pertinent to_ 

SchifHi, the Hand Machine Embroidery, and the Embroidery 

Thread and Scallop Cutting Industries, Code Authority, 

General N. R. A. Code Authority designated to act as this 

Industry's 

Waxed Paper, Hazardous occupations, Approving a list of 

Motor Vehicle Retailing Trade, Official Used Car Guide, Ap- 
proval of manual of operations for use in compilation, pub- 
lication and distribution of the 

President's Reemployment Agreement, New regulations ap- 
plicable to employers covered by two or more codes for ex- 
pense allocation 

Regulations regarding budgets and bases of contribution. 

Establishing rules and 

Code Authority Assessment, Qualified exemption of principal 

line retail establishments from 

Gear Manufacturing, Audit qualifications stayed 

Graphic Arts Industries, Trade Mounting and Finisliing, Na- 
tional Graphic Arts Coordinating Committee designated to 

temporarily administer the code for the 

Preserve, Maraschino Cherry and Glace Fruit, Terms of sale. 

Provisional and partial stay relevant to 

Tile Contracting, Sales, Staying one provision applicable to 

Cotton Garment, Hours of labor, Exemption, in accordance with 
provisions in the Underwear and Allied Products Industry, 

relevant to 

Cotton Garment, Underwear and Allied Products Manufactur- 
ing, Knitted polo shirts, Exemption from Cotton Garment 

Industry relevant to 

Canned Salmon, Labor provisions, Approving standard 

(VII) 



3-30-35 
4- 1-35 

4- 1-35 
4- 1-35 
4- 2-35 

4- 2-35 

4- 3-35 

4r- 3-35 
4r- 3-35 

4- 3-35 
4- 3-35 
4- 4-35 

4- 4^35 
4- 4-35 
4- 5-35 
4- 6-35 

4- 6-35 



4- 6-35 
4r- 6-35 



4- 6-35 
4r- 8-35 



4r- 9-35 

4^10-35 

4^10-35 

4-11-35 
4-11-35 

4^11-35 

^11-35 
4^11-35 



620 
622 

623 
624 
627 

629 

630 

631 
632 

633 

634 
635 

636 
637 
638 
640 

641 



642 
643 



645 
647 



649 

650 

651 

652 
653 

655 

657 

658 



4^12-35 659 



4-12-35 
4-13-35 



661 
663 



CONTENTS— Continued 



Industry 



Date 



Page 



ADMINISTRATIVE ORDERS— Continued 

Certification and exemplification of documents, Appointing 
clerks for 

Electrical Manufacturing, Refrigerating Machinery, Hours and 
general labor provisions. Exemption relevant to 

Cigar Container, Cost inclusion. Further extension of time to 
report on approved methods of 

Leather and Woolen Knit Glove, Wages, Provisional stay rele- 
vant to 

Merchandise Warehousing Trade, Wool Trade granted specified 
exemptions 

Budgets for Code Authorities, Stay of submission requirements. 

Cut Tack, Wire Tack and Small Staple Manufacturing, Price 
] ists. Staying provisions relevant to 

Scrap Iron, Non-Ferrous Scrap Metals and Waste Materials 
Trade, Scrap Iron and Steel Trade, Hazardous occupations. 
Approving a list of 

Domestic Freight Forwarding, Wages above the minimum, Ap- 
proving a proposal for adjustment of 

Light Sewing Industrj^ Except Garments, Labels, Quilting Divi- 
sion, Stay relevant to 

Printing Equipment Industry and Trade, Used Machinery, Ap- 
proval of method of value determination for 

Handkerchief, Returned for exchange merchandise. Stay rele- 
vant to 

Silk Textile, Price lists, Approving an agency for filing 

Wiring Device, Imports, Permanent stay relevant to 

Index 



4^13-35 

4^13-35 

4r-15-35 

4-15-35 

4-17-35 
4-1&-35 

4-18-35 

4^18-35 

4-1&-35 

4-19-35 

4r-19-35 

4-20-35 
4^22-35 
4r-22-35 



665 
666 
667 
668 

670 

672 

675 

676 

677 

678 

679 

680 
681 
682 
68S 



(vni) 



CODES OF FAIR COMPETITION 



Approved Code No. 554 
CODE OF FAIR COMPETITION 

FOR THE 

GRAPHIC ARTS INDUSTRY IN THE TERRITORY 

OF HAWAII 

As Approved on March 7, 1935 



ORDER 



Appro\t:ng Code of Fair Competition for the Graphic Arts 
Industry in the Territory of Hawaii 

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 Graphic Arts Industry in the Territory 
of Hawaii, and hearings having been duly held thereon, and the Dep- 
uty Administrator for Hawaii having made and submitted to tho 
National Industrial Recovery Board his report on said Code, con- 
taining his findings with respect thereto, and the annexed report of 
the National Industrial Recovery Board on said Code, containing 
findings with respect thereto having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive Order No. 6859, and othervv'ise; does hereby incorporate by 
reference said report of the Deputy Administrator for Hawaii and 
the annexed report of the National Industrial Recovery Board, and 
does hereby concur in and adopt the findings of fact made therein, 
and does further find that the said Code complies in all respects 
with the pertinent provisions and will promote the policy and pur- 
poses of Title I of the National Industrial Recovery Act; and does 
hereby order that said Code of Fair Competition be, and it is hereby, 
approved, subject to the following conditions : 

1. That all members of the Graphic Arts Industry in the Territory 
of Hawaii, as defined in said Code under Chapter I, Article I, Sec- 
tion 1, to the extent that they are engaging in the said Industry in 
the Territory of Hawaii, shall be exempt from the provisions of any 
other Code of Fair Competition to which they miglit now or might 
hereafter, but for this Order be subject. 

2. That this Code should become effective thirty (30) days from 
the date hereof unless good cause to the contrary is shown to the 

120139° 1603-45 35 1 (1) 



National Industrial Recovery Board within twenty-five (25) days 
and the National Industrial Recovery Board issues a subsequent 
Order staj^ing or modifying this Order of approval. 

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

Approval recommended : 
Jack B. Tate, 

Division Administrator. 

Washington, D. C, 

March 7, 1935. 



REPORT TO THE PRESIDENT 

The President 

The White House. 

Sir: This is a report on the Code of Fair Competition for the 
Graphic Arts Industry in the territory of Hawaii, Public Hearings 
were conducted in Honolulu, T. H., from May 8th to May 16, 1934 
and from June 8th to June IG, 1934, in accordance with the provi- 
sions of the National Industrial Recovery Act. The proponents and 
the assenters to the Code represent over ninety-five (95% ) per cent 
of annual dollar volume of the Industry. 

This Industry in Hawaii presented special problems because pro- 
vision had to be made for equalization of competition between the 
following three types of printing plants : 

(1) Establishments engaged solely in alphabetic (English) print- 
ing, paying, prior to codification, wages better than the average 
mainland Graphic Arts concern. 

(2) Establishments doing only ideographic (Oriental) printing 
and using very cheap labor. 

(3) Combination establishments equipped to use both alphabetic 
and ideographic characters, paying the low wages for which ideo- 
graphic printers can be obtained, but competing for jobs in alpha- 
betic type on which the employment of the same cheap labor gave 
the combination printers an unfair cost-advantage over the all- 
alj^habetic printers. 

The Code is divided into three chapters to take care of this situa- 
tion. Provision is made for the gradual application of higher wages 
until, at the end of a year, they will equal those paid by mainland 
establishments. Further to equalize labor costs, a method is pro- 
vided by which in the combination plants, wherein payroll increases 
will be greatest, equitable adjustments may be made in the wages 
paid to employees of equal skill who work part of the time on alpha- 
betic jobs for which Chapter I prescribes a comparatively high wage, 
and the rest of the time on ideographic jobs for which Chapter Hi 
permits a lower wage. 

HOURS AND WAGES 

The Code provides for a basic forty-four (44) hour work week 
with certain necessary exceptions. Persons under sixteen years of 
age are excluded from employment except for specified part time 
periods. A large number of the establishments at the present time 
work their employees up to sixty-six (66) hours per week, so the 
Code provisions will represent a substantial curtailment of the pres- 
ent working hours of employees, and should therefore result in in- 
creased employment. 

The Wage Provisions in the Code should double and in some cases 
treble the pay of about a third of 1,250 employees engaged in the 

(3) 



Industry in the territory. Wages above minimum are protected 
against any decrease. 

FINDINGS 

The Deputy Administrator for Hawaii in a letter addressed to the 
National Industrial Recovery Board has made a clear and detailed 
report of the history of the Industry covered by this Code and of the 
conditions existing in the Industry at the present time. He has made 
lengthy and detailed findings of fact in regard to said Industry. 
The said report of the Deputy Administrator of Hawaii ir submitted 
herewith and incorporated by reference into this report and the Na- 
tional Industrial Recovery Board does hereby concur in and adopts 
the report submitted. 

For these reasons this Code has been approved. 

For the National Isdustrial Recovery Board: 

W. A. Hakriman, 
Administrative Ojficer. 

March 7, 1935. 



CODE OF FAIR COMPETITION FOR THE GRAPHIC ARTS 
INDUSTRY IN THE TERRITORY OF HAWAII 

PURI'OSE 

To effectuate the policies of Title I of the National Recovery Act, 
this Code is established as a Code of Fair Competition for the Graphic 
Arts Industry in the Territory of Hawaii, and its provisions shall be 
the standards of fair competition for such Industry and be binding 
upon every member thereof. 

CiiArTEK I — xVlppiabettc Division 

ARTICLE I DEFINITIONS 

Section 1. The term " Graphic Arts Industry " as used in this Code 
includes the newspaper publishing industry, the clectrotyping, stereo- 
typing, and photoengraving industries as defined below and all per- 
sons v.-ho are engaged in publishing or printing, including multi- 
graphing and manufacturing of rubber stamps and allied products, or 
who use any of the processes or partial processes used in printing, or 
who produce any printed matter of whatsoever description, or who 
sell any printed matter of wdiatsoever description in competition with 
f)ersons who produce such printed matter in the Territory of Hawaii. 

(a) Establishments publishing and printing exclusively in ideo- 
graphic characters are embraced within the Ideographic Division of 
the Graphic Arts Industry, as to which special provisions are made 
under Chapter III of this Code. Except as modified by Chapter 
III, the provisions hereof shall apply also to the Ideographic Divi- 
sion. 

(b) Establishments engaged in publishing and printing in both al- 
phabetic and ideographic characters shall operate under this Chapter 
insofar as alphabetic characters are used, except insofar as the wage 
provisions in this Chapter may be modified by the provisions of 
Chapter II of this Code. 

Section 2. The term " Member of the Industry " as used herein 
includes, but without limitation, any individual, partnership, asso- 
ciation, corporation, or other form of enterprise engaged in the In- 
dustry, either as an employer or on his or its own behalf. 

Section 3. The term " Commercial Relief Printing Establish- 
ments " is defined to mean establishments engaged in letterpress relief 
printing and/or partial processes commonly used in the production 
of letterpress relief printing and all other products, except newspaper 
publishing and printing. 

Section 4. The term " Newspaper " is defined to mean a publica- 
tion issued at regular intervals at least as frequently as once a week, 
devoted mainly to current local news events, and from which the 
publisher derives circulation and/or advertising revenue. 

(5) 



6 

Sectiox 5. The term " Periodical " is defined to mean a publication 
(other than a newspaper or advertising paper) issued at regular in- 
tervals but not less frequently than four times per year, and from 
which the publisher derives circulation and/or advertising revenue. 

Sectiox 6. The term "Advertising Newspaper " is defined to mean 
a publication of newspaper format and size, devoted in whole or in 
part to retail news in the form of display advertising of one or more 
advertisers, delivered by carrier without cost to the reader, and not 
published by or in conjunction with any newspaper as defined in 
Section 4 of the Article. 

Section 7. The term " Electrotyping and Stereotyping Industry " 
includes all plants engaged in the production or partial production 
of electrotypes, stereotyi^es, matrices, wax engravings (running 
shells, casting and finishing), aluminot3^pes, and rubber plates used 
in relief printing and/or made for sale or for the use and benefit of 
the producers or of others than the person, firm, or corporation that 
produces such products, and all persons, firms, or corporations that 
purchase the above-named products for the purpose of re-sale; 
excepting newspaper and periodical publishers who own and print 
their own publication or publications and who manufacture the 
product or products of the electrotyping and stereotyping industry 
for their own publications onl3^ 

Section 8. The term " Photo-Engraving Industiy " includes all 
plants engaged in the production or partial production of photo- 
engraved plates for sale or for the use and benefit of others than 
the person, firm or corporation that produces such plates, and all 
persons, firms or corporations that purchase photo-engraved plates 
lor purposes of re-sale. 

Section 9. The term " Lithographic " shall apply to those estab- 
lishments using lithographic, photo -gelatin, ])lanographic or photo- 
lithographic printing processes and/or producing transfers. 

Section 10. The term " Printing " is defined to mean the act or 
process of printing, impressing, stamping, or transferring upon 
paper or other substances, of any ink, color, pigment, mark, char- 
acter, or delineation, including smy and all partial processes and 
services used in printing. 

Section 11. The term " Printed Matter " is defined to mean the 
finished products of printing, and the products of any and all partial 
processes and services used in printing 

Section 12. The temi " Products " is defined to include produc- 
tion, product, merchandise and service. 

Section 13. The term " Employee " as used herein includes, but 
without limitation, any and all persons engaged in the Industry, 
however compensated, except a members of the Industry. 

Section 14. The term " Employer " as used herein includes any- 
one by whom such employee is compensated or employed. 

Section 15. The term " Mechanical Employee " as used herein in- 
cludes any and all persons engaged in the actual production of 
printing or in mechanical duties not a part of the process but nec- 
essary to such production. 

Section 16. The term " Non-Mechanical Employee " as used 
herein includes any and all persons employed in the Industry, such 
as office and clerical employees, not included in the definition of 
mechanical employees in Section 15 above. 



Section 17. The term " Technical Employee " as used herein shall 
include any and all non-mechanical employees employed for the 
exercise of their special laiowledge of the proper methods of execu- 
tion and/or operation of a phase of the Industry. 

Section 18. The term " Establishment " is defined to mean any 
person or persons, as below defined, engaged in conducting any 
business, or using any of the processes, or producing any of the 
products referred to in the definition of the " Graphic Arts In- 
dustry ", including private plants wherein any such business is con- 
ducted, or any such processes are used, or any such products are 
produced, which are owned or operated by a person or persons not 
otherwise subject to this Code. 

Section 19. The term " Person " or " Persons " is defined to in- 
clude, but without limitation, any individual, partnership, associa- 
tion, corporation, establishment or other form of enterprise. 

Section 20. The term " Territorial Code Authority " is defined to 
mean the administrative agency of the Graphic Arts Industry. 

Section 21. The terms " President ", "Act ", and " Board " as used 
herein mean respectively the President of the United States, Title I 
of the National Industrial Recovery Act, and the National Industrial 
Recovery Board created by Executive Order #6859 dated September 
27, 1934. 

Section 22. The term '' County " as used herein means the City 
and County of Honolulu and/or the other counties of the Territory 
of Hawaii as defined by Section 1575 of the Revised Laws of Hawaii 
1925. 

Section 23. Population for the purposes of this Code shall be 
determined by reference to the last Federal census. 

article II HOURS 

Section 1. Hours of Lahor — (a) Standard Working Hours. — 
Standard working hours shall be forty-four (44) hours per week for 
all emploj^ees, excluding proprietors, supervisors, foremen, and sales 
employees except for the time the latter are actually engaged in 
mechanical work. The work week in the case of each individual 
employee shall be divided into not more than six (6) shifts. When 
necessary, overtime shall be permitted, provided : 

(1) That a mechanical employee shall receive not less than one and 
one-third (ll^) times his hourly wage for all work in excess of eight 
(8) hours per day and forty-four (44) hours per week. 

(2) That no more than five hundred and seventy-two (572) hours 
shall be worked by any mechanical employee in any thirteen (13) 
week period. 

(3) That all overtime shall be equitabl}^ distributed. 

(4) That those nonmechanical employees paid on an hourly basis 
shall be paid not less than one and one-third (IV3) times their 
regular hourly wage for all work in excess of eight (8) hours per day 
and forty-four (44) hours per week. 

(b) It is not intended that any of the foregoing provisions shall 
limit the number of days per week or shifts per day an establish- 
ment may operate. 

120139° 1603-45 35— — 2 



8 

Section 2. Maximum Hour Exceptions. — (a) The maximum hours 
fixed by this Article shall not apply to editorial employees, profes- 
sional persons employed in this Industry, technical employees, or 
employees on emergency maintenance, or emergency repair work, 
nor shall they apply to employees in cases where the restriction of 
liours of highly skilled artistic or mechanical workers on continuous 
processes would unavoidably reduce production; but in the case of 
such a highly skilled artistic or mechanical worker, the overtime rate 
of one and one-third (II/3) times the regular hourlj^ rate shall be 
paid for the hours worked in excess of the maximum. 

(b) Wash-up crews, shipping crews, material handlers, elevator 
operators, and other meclianical emploj^ecs whose duties have no 
direct connection with Graphic Arts processes, and outside delivery 
men, porters, engineers, firemen, janitors and watchmen shall not 
be permitted to work in excess of forty-eight (48) hours per week. 
The maximum of six (G) shifts per week shall not apply to engineers, 
liremen, janitors or w^atchmen. who shall not be permitted, however, 
to work more than thirteen (13) days in any fourteen (14) day 
period. 

Section 3. No executive or foreman, or employee employed in a 
supervisory position, shall be permitted to woi"k overtime with the 
tools of the trade unless no competent journeyman is available. This 
provision shall not apply to press changes. 

Section 4. No employees in lithographic establishments shall be 
permitted to w^ork more than forty (40) hours per week unless 
overtime at the rate of time and one-half (1^/^) is paid. 

Section 6. Einployrnent 'by Several Estahlishments. — No em- 
ploj^er 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 III WAGES 

Section 1. Non-Mechanical Employees — Minimum Wages. — Es- 
tablishments covered by this Chapter shall pay non-mechanical em- 
ployees not less than Thirteen Dollars ($13.00) per week; excepting 
persons (other than apprentices) learning the business during the 
first twelve (12) months of service in the Industry, office boys or 
girls and/or errand boys or girls between the ages of sixteen (16) 
and eighteen (18) inclusive, provided that such groups do not 
comprise in all more than ten per cent (10%) of the non-mechanical 
employees, who shall receive not less than twenty cents (20^) per 
hour. Wages to such non-mechanical employees for part-time shall 
be computed and paid at proportional rates for the time actually 
emplo3'ed. 

Section 2. Mechanical Employees — (a) Unskilled Mechanical 
Employees — Mini'muni Wages. — Establishments covered by this 
Chapter shall not pay any unskilled mecha.nical employee less than 
forty cents (40^') per hour, unless, on July 15, 1929, the hourly rate 
for the same class of work was less than forty cents (40^) per hour, 
in which latter case they shall be paid not less than such hourly 
rate on July 15, 1929, in the same establishment (or in the same 
locality in the case of a new establishment) and in no event less 
than twenty-five cents (25^) per hour. 



(b) S/iJIIcd Mt'chanlcal EiupJoijees — Jfinhnum Wage^f. — Mini- 
mum hourly compensation for various classes of skilled workers 
and/or artisans shall be established for establishments coming under 
this Chapter as follows: 



Compositors 

Typesetting Machine Operators 

Proofreaders 

Job Pressmen, including pressmen employed on special ticket and coupon 

presses and multigraphs 

Job Feeders 

Cylinder and Sheet-fed Rotary Pressmen... 

Cylinder Feeders 

Web Rotary Pressmen 

Web Rotarv First Assistant Pressmen... 

Flat Casters 

Paper Cutting and Binding Machine Operators (except as classified for 

Edition Binding) 

Pamphlet Binding Machine Assistants, skilled 

Pamphlet and Edition Bindery Girls, skilled, also Bunchers and Feeders. 

Ruling Machine Operators, skilled 

Ruling Machine Operating Assistants 

Ruling Machine Feeders 

Edition Binding (Machine Operators) including Case Makers, Stampers, 
Cutters, Rounders and Backers, Lining Machine, Casing-iu Machine, 

Folding Machine and Gathering Machine. 

Edition Binding- — Assistant Machine Operators 

Edition Binding— Hand Workers— Skilled (men) 

Electrotypers: 

Molders and Finishers 

Branchmen 

Helpers 

Stereotypers 

Stereotypers' Helpers 

Photo-Engravers 

Steel Die Power Pressmen 

Steel Die and Copperplate Engravers 

Plate Printers 

Lithographers: 

Artists 

Engravers 

Cameramen 

Transfermen... 

One-color Pressmen. 

Two-color Pressmen... 



First 


Second 


6Mos. 


6 Mos. 


$0.41 


$0.63 
.63 


.41 


.41 


.63 


.33 


.51 


.25 


.33 


.41 


.63 


.28 


.42 


.40 


.69 


.28 


.42 


.25 


.33 


.33 


.51 


.25 


.37 


.25 


.28 


.41 


.63 


.25 


.34 


.25 


.28 


.39 


.58 


.30 


.45 


.33 


.51 


.41 


.63 


.33 


.51 


.25 


.38 


.41 


.63 


.25 


.38 


.41 


.63 


.33 


.51 


.41 


.63 


.25 


.30 


.41 


.63 


.41 


.63 


.41 


.63 


.41 


.63 


.41 


.63 


.50 


.75 



Third 
6 Mos. 



$0.82 

.82 



.66 

.82 
.68 
.50 
.82 
.50 
.82 
.66 
.82 
.40 

.82 
.82 
.82 
.82 
.82 
LOO 



(c) Differential. — A differential of twenty-five percent (25%) 
less than the wage rates specified in (b) above shall apply in estab- 
lishments situated in all counties except the City and County of 
Honolulu, where the rates stated above shall apply. This differen- 
tial, however, shall not be applied to reduce the wages of any skilled 
mechanical employee below twenty-five cents (250) per hour. Es- 
tablishments in counties other than the City and County of Honolulu 
may not pay non-mechanical employees in Section 1 of this Article 
less than Ten Dollars ($10.00) per w^ek nor may they pay less 
than fifteen cents (150) per hour to persons learning the business 
(other than apprentices) during the first twelve (12) months of 
service in the Industry, or to office boys and girls and/or errand 
boys or girls between the ages of sixteen (16) and eighteen (18) 
inclusive. The aggregate number of persons employed at a wage 
rate of less than Ten Dollars ($10.00) per week shall not exceed ten 
per cent (10%) of the non-mechanical employees. 

(d) The differential provided in (c) above shall not apply when 
establishments situated in the counties of Hawaii, Maui and Kauai 
bid for work in the City and County of Honolulu. For such work, 



10 

the employees shall receive the rates of pay provided for employees 
working in the Cit}' and County of Honoluhi. 

(e) Note. — It should be specifically understood that the foregoing 
provisions are intended to establish only 'minimum and not maxi'inum 
wage recjuirements. 

(f ) Note. — The figures appearing under " First 6 Mos." shall be 
the minimum hourly wage for their respective classifications upon 
the effective date of the Code and for six (6) months thereafter, 
when, after a public hearing, the figures in the column " Second 6 
Mos." shall become effective unless the Industry has been able to show 
to the satisfaction of the Board that it is unable to pay the rates 
so specified. At the end of the second six months' period, after a 
similar public hearing, the wages appearing under the heading 
'" Third 6 Mos." shall become effective, unless good cause to the 
contrary is shown. 

Section 3. Saving Clause. — In no instance shall there be any re- 
duction in the present hourly rate and overtime rate paid to any 
class of employees. 

Section 4. Female Employees. — Female employees performing 
substantially the same work as male emplo3'ees shall receive the same 
rate of pay as male emploj^ees. 

Section 5. Work Under More than One Classification. — An em- 
ployee performing duties coming within more than one of the clas- 
sifications in the foregoing schedule shall be compensated on the 
basis of the rate paid for the classification at which he is employed 
during the greatest part of his time. 

Section 6. Handicapped Persons. — A person whose earning ca- 
pacity 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 
Territorial 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 Territorial Code Authority a list of all 
such persons employed by him, showing the wages paid to, and the 
maximum hours of work for such emplo3'^ee. 

Section 7. Apprentices. — (a) The ratio for apprentices under this 
Code shall be not more than one (1) apprentice to five (5) or a 
major fraction thereof of journe3^men of the respective skilled clas- 
sifications. However, any plant may have at least one (1) appren- 
tice in each classification of skilled labor in which a journeyman is 
emploj^ed. The minimum base rates of pay for an apprentice shall 
represent the percentages shown below of the minimum wage of a 
journeyman of the skilled classification under which such appren- 
ticeship is being served : 



First year 80% 

Second year 40% 

Thirfl yenr 50% 

For 5- Year Apprentices : 

Fourth year 70% 

Fifth year 85% 



For 6-Tear Apprentices : 

Fourth year 60% 

Fifth year 75% 

Sixth year 85% 



(b) The maximum terms of apprenticeship shall be: For com- 
positors five (5) years; for pressmen, four (4) years if (1) over 
twenty (20) years of age at the start, or (2) advanced from feeder 



11 

or rotary assistantship, otherwise six (6) years; photo-engravers, 
live (5) years; lithographers six (G) years. The apprenticeship 
periods for all other skilled classifications shall be determined by the 
Territorial Code Authority with the approval of the Board after 
consultation with representatives of hibor. 

(c) Apprentices shall be registered with the Territorial Code Au- 
thority with the date of entry into apprenticeship. This will include 
the registration of all present apprentices and the time they have 
served. 

(d) Persons working under apprenticeship arrangements made 
prior to July 1, 1933, shall be given credit on their journeymen's 
training for all time served under such arrangements. 

(e) Upon the satisfactory completion of the term of apprentice- 
ship, journeymen's minimum rates of pay shall apply. 

(f) Xo apprentice shall VN'ork overtime unless a journeyman is 
employed on the same job, if available. 

(g) Apprentices shall be paid for overtime work at the regular 
overtime rates established herein. 

(h) Employers shall comply wath standards prescribed by the 
Secretarj^ of Labor under authority conferred bv Executive Order 
No. G750-C, dated June 27. 1934. 

Sectiox 8. Piece-Work Compensation. — The provisions in this 
Article as to minimum wages shall apply irrespective of whether an 
emploj'ee is actually compensated on a time-rate, piece-work, or 
other basis. 

Section 9. l,Vage Rtcord. — Each member of the Industry shall 
maintain at all times, during the effective life of this Code, subject 
to examination by the Code Authorities, their agents, and the Board, 
a complete record of all wages paid, the working hours for which 
such wages are paid, and the names of all employaes to vrhom such 
payments are made. 

Sectiox 10. Wages sluill be payable at least monthly, or more fre- 
quently if the employer so elects. 

ARTICLE IV GENERAL LABOR PROVISIOXS 

Section 1. (a) Employees shall have the right to organize and 
bargain coUectivelj' 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 rep- 
resentatives or in self-organization or in other concerted activities 
for the purpose of collective bargaining or other mutual aid or 
protection. 

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

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

Section 2. A person may be emploved as an apprentice by any 
member of the Industry at the rates established in this Code, if such 
member shall have first obtained from an agency to be designated or 
established by the Secretary of Labor, a certificate permitting such 



12 

person to be employed in conformity with a training program ap- 
proved by such Agency, until and unless such certificate is revoked. 

Sectiox 3. The term "Apprentice *' as used herein shall mean a 
person of at least sixteen (10) \cn.rs of age who has entered into a 
written contract with an employer or an association of employers 
which provides for at least two thousand (2,000) hours of reasonably 
continuous employment for such person and his participation in an 
approved program of training as hereinabove provided. 

Section 4. Child Labor. — (a) Establishments shall not employ 
persons under sixteen (16) years of age in mechanical or manufac- 
turing departments, provided that, persons between fourteen and six- 
teen years of age may be employed in other than mechanical or manu- 
facturing departments not to exceed three (3) hours a day between the 
hours of 7 : 00 a. m. and 7 : 00 p. m., where such work may be per- 
formed without impairment of health and without interference with 
the hours of day school. 

(b) (1) Establishments shall not employ persons under twelve 
(12) years of age to sell newspapers. 

(2) Establishments shall not employ persons under twelve (12) 
years of age to deliver newspapers or advertising newspapers, nor 
shall persons between twelve (12) and fourteen (14) years of age be 
so employed except on fixed routes to homes; provided that, persons 
between ten (10) and twelve (12) years of age employed on the effec- 
tive date of this Code to deliver newspapers and advertising news- 
papers in cities of 25,000 population or less, may continue to deliver 
on fixed routes to homes in such cities. 

(3) Establishments shall not employ female minors to sell or 
deliver newspapers or advertising newspapers, provided, that, fe- 
males fourteen (14) years of age or over employed on the effective 
date of this Code to deliver newspapers and advertising newspapers 
in cities of less than 25,000 population, may continue to deliver on 
fixed routes to homes in such cities. 

(4) Establishments may permit the sale and/or delivery of news- 
papers and advertising newspapers by persons under sixteen (16) 
years of age who may be employed under the provisions of Subsec- 
tions (b) (1), (b) (2), and (b) (3) of this Section, as hereinafter 
provided, but not otherwise : 

A. Such persons may be permitted to sell and/or deliver news- 
papers and advertising newspapers for not more than three (3) hours 
a day on school days and four (4) hours a day on other days. 

B. Such persons may be permitted to sell newspapers only be- 
tween the hours of 5:00 a. m. and 7:00 p. m. from October 1 to 
March 31 and between 5:00 a. m. and 8:00 p. m. from April 1 to 
September 30. 

C. Such persons may be permitted to deliver newspapers and ad- 
vertising newspapers only between the hours of 5:00 a. m. and 7:00 
p. m. from October 1 to March 31 and between 5:00 a. m. and 8:00 
p. m. from April 1 to September 30. 

D. Establishments shall require from each such person employed 
to sell or deliver newspapers or advertising newspapers a certificate 
from the principal of the school attended by such person as evidence 
(a) that such person is of qualified age to sell and/or deliver news- 
papers and advertising newspapers under the provisions of this 
Section; and (b) that such work may be performed by such per- 



son without impairment of health and vv'ithout interference with 
school work or the hours of day school. 

E. For the purpose of the provisions of this Section, and for no 
other, the term '" em])Ioy " includes the f urnishiui^ of newspapers 
and/or advertising; newspapers to any person for the purpose of 
resale or delivery, either directly or through an agent or authorized 
dealer. 

Sectiox 5. Standards for Safety and Health. — (a) Every em- 
ploj'er shall provide for the safety and health of employees during 
the hours and at the places of their emplo^'ment 

(b) Standards for safety and health shall be submitted by the Ter- 
ritorial Code Authority to the Board within six (0) months after 
the elfective date of the Code. 

Section 6. Prohibition of Home Work. — A\\ labor shall be per- 
formed in an establishment's plant and no home work shall be al- 
lowed, except in accordance with the provisions of the Executive 
Order of the President, No. G711-A, dated May 15, 1934. 

Sectiox 7. Evasion Through Subterfuge. — No emplojer shall re- 
classify employees or duties of occupations performed or engage in 
any other subterfuge so as to defeat the purposes or provisions of the 
Act or of this Code. 

Section 8. Posting. — All employers shall post and keep posted 
copies of the labor provisions of this Code in conspicuous places 
accessible to all employees. Every member of the Industry shall 
comply with all rules and regulations relative to the posting of pro- 
visions of the Codes of Fair Competition which may from time to 
time be prescribed by the Board. 

Section 9. No employer shall dismiss or demote any employee for 
making a complaint or for giving evidence with respect to an alleged 
violation of the provisions of any Code of Fair Competition. 

article V ADMI NISTR ATION 

Section 1. For the purpose of administering this Chapter, there 
shall be constituted a Territorial Code Authority and subordinate 
County Code Authorities for the various counties of the Territory 
of Hawaii. The Territorial Code Authority shall be composed of 
thirteen (13) persons, to be selected in the following manner: 

Two (2) from the County of Hawaii; 

Two (2) from the County of Maui; 

Two (2) from the County of Kauai; 

Seven (7) from the City and County of Honolulu. 

Section 2. (a) The members of the Territorial Code Authority 
from Hawaii, Maui and Kauai shall be elected, one from an entirely 
alphabetic establishment and one from a combination alphabetic- 
ideographic establishment. 

(b) of the Seven (7) members of the Territorial Code Authority 
elected from the City and County of Honolulu, four (4) shall be 
representative (one from each) of the four (4) establishments pub- 
lishing daily newspapers on May 15, 1934; the three (3) remaining 
members of the Territorial Code Authority being elected in the 
manner prescribed in Section 3 of this Article. 

Section 3. Members of the Territorial Code Authority shall be 
elected by members of the Industry, voting by establishments, one 



14 

vote for each twenty (20) employees or fraction thereof. The mem- 
bers of the Territorial Code Authority shall automatically become 
the County Code Authority for the counties from which they are 
severally elected. • i i i 

Section 4. In addition to the membership as above provided, there 
shall be on both Territorial and County Code Authorities members 
without vote or with vote, appointed by the Board, to serve without 
expense to the Industry, at least one of whom on each authority 
shall be a representative of labor. 

Section 5. In order that the Code Authorities shall at all times 
be truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Board may prescribe such hear- 
ings as it may deem proper; and thereafter if it shall find that a 
Code Authority is not truly representative or does not, in other 
respects, comply with the provisions of the Act, may require an ap- 
propriate modification in the method of selection of a Code Au- 
thority. 

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

Section 7. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Territorial 
Code Authority or the County Code Authorities shall (1) impose no 
inequitable restrictions on membership, and (2) submit to the Board 
true copies of its articles of association, by-laws, regulations, and 
any amendments when made thereto, together with such other in- 
formation as to membership, organization, and activities as the 
Board may deem necessary to effectuate the purposes of the Act. 

Section 8. Nothing contained in this Code shall constitute the 
members of the Territorial Code Authority or the County Code Au- 
thorities partners for any purpose. Nor shall any member of the 
Territorial Code Authority or the County Code Authorities be liable 
in any manner to anyone for any act of any other member, officer, 
agent or employee of the Territorial Code Authority or the County 
Code Authorities. Nor shall any member of the Temtorial Code 
Authority or the County Code Authorities 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 9. Powers and Duties. — Subject to such rules and regula- 
tions as may be issued by the Board, the Territorial 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. 



15 

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

(c) To obtain from members of the Industry such information 
and reports as are required for the administration of the Code. In 
addition to information required to be submitted to the Territorial 
Code Authority, members of the Industry subject to this Code shall 
furnish such statistical information as the Board may deem necessary 
for the purposes recited in Section 3 (a) of the Act to such Federal 
and Territorial agencies as it may designate; provided that nothing 
in this Code shall relieve any member of the Industry of any exist- 
ing obligations to furnish reports to any government agency. No 
individual report shall be disclosed to any other member of the 
Industry or any other party except to such other governmental 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 Territorial 
Code Authority of its duties or responsibilities under this Code 
and that such trade associations and agencies shall at all times be 
subject to and comply with the provisions hereof. 

(e) To make recommendations to the Board for the coordination 
of the administration of this Code and such other Codes, if any, as 
may be related to or affect members of the Industry. 

(f) (1) It being found necessary in order to support the admin- 
istration of this Code and to maintain the standards of fair compe- 
tition established hereunder and to effectuate the policy of the Act, 
the Territorial 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 here- 
inafter provided and which shall be held in trust for 
the purposes of the Code; 

(b) To submit to the Board for its approval, subject to such 

notice and opj^ortunity to be heard as it may deem 
necessary (1) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (2) an equitable 
basis upon which the funds necessary to support such 
budget shall be contributed by members of the In- 
dustry. 

(c) After such budget and basis of contribution have been 

approved by the Board, to determine and obtain equi- 
table contribution as above set forth by all members of 
the Industry, and to that end, if necessary, to institute 
legal proceedings therefor in its own name. 

(2) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Territorial 
Code Authority, 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 contributing 
to the expenses of its administration as hereinabove provided (unless 
duly exempted from making such contributions) shall be entitled to 
participate in the selection of members of the Territorial Code 
Authority or to receive the benefits of any of its voluntary activities 



16 

or to make iiso of any emblem or insignia of tiie National Recovery 
Administration. 

(3) The Territorial Code Authorit}' shall neither incur nor pay 
any obligation siibstantiall}' in excess of the amount thereof as 
estimated in its approved budget, and shall in no event exceed the 
total amount contained in the approved budget, except upon ap- 
proval of the 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. 

(^) To recommend to the Board any action or measures deemed 
advisable, including further fair trade practice provisions to govern 
members of the Industry in their relations with each other or with 
other industries; measures for industrial planning, and stabiliza- 
tion of emploj'ment; and including modifications of this Code which 
shall become effective as part hereof upon approval b}' 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 Industry for the purpose of formu- 
lating 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 sach other codes. 

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

Article VI — Prices 

Section 1. (a) Open Price. — Each member of the Industry shall 
file with a confidential and disinterested agent of the Territorial 
Code Authority or, if none, then with such an agent designated by 
the 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 com- 
pletel}' and accurately conform to and represent the individual pric- 
ing practices of said member. Such lists shall contain the price 
terms for all such standard products of the Industry as ai'e sold or 
offered for sale by said member and for such non-standard products 
of said member as shall be designated by the Territorial Code 
Authority. Said price terms shall in the first instance be filed 
within fourteen (14) daj's after the effective date of this Code. 
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 mem- 
bers of the Industry and to all of their customers who have applied 
therefor and have offered to defray the cost actually incurred by the 
Territorial 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- 



17 

bers of the Industry and their customers, as aforesaid; provided, 
that prices filed in the first instance shall not be released until the 
expiration of the aforesaid fourteen (14) day period after the effec- 
tive date of this Code. The Territorial Code Authority shall main- 
tain a permanent file of all price terms filed as herein provided, and 
shall not destroy any part of such records except upon written con- 
sent of the Board. Upon request the Territorial Code Authority 
shall furnish to the Board or any duly designated agent of the Board 
copies of any such lists or revisions of price terms. 

(b) When any member of the Industry has filed any revision, 
such member shall 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) Xo member of the Industry shall enter into any agreement, 
understanding, combination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any member of the Industry to 
change his price terms by the use of intimidation, coercion, or any 
other influence inconsistent with the maintenance of the free and 
open market which it is the purpose of this Article to create. 

Section 2. Costs and Price Cutting. — The standards of fair com- 
petition 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 Territorial Code Authority that any filed price constitutes un- 
fair competition as destructive price cutting, imperiling small enter- 
prise or tending toward monopoly or the impairment of code wages 
and working conditions. The Territorial Code Authority shall 
within five (5) days afford an opportunit}" to the member filing the 
price to answer such complaint and shall witliin fourteen (14) days 
make a ruling or adjustment thereon. If such ruling is not con- 
curred in by either part}^ to the complaint, all papers shall be re- 
ferred to the Research and Planning Division of NRA which shall 
render a report and recommendation thereon to the Board. 

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

(c) When an emergency exists as to any given product, sale be- 
low the stated minimum price of such product, in violation of Sec- 
tion 3 hereof is forbidden. 

Section 3. Emergenoy Provisions. — (a) If the Board, after in- 
vestigation 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 neces- 
sary to mitigate the conditions constituting such emergency and to 



18 

effectuate the purposes of the Act, the Territorial Code Authority 
may cause an impartial agency to investigate costs and to recom- 
mend to the Board a determination of the stated minimum price 
of the product affected by the emergency and thereupon the Board 
may proceed to determine such stated minimum price. 

(b) When the Board shall have determined such stated minimum 
price for a specified product for a stated period, which price shall 
be reasonably calculated to mitigate the conditions of such emer- 
gency and to effectuate the purposes of the National Industrial Re- 
covery Act, it shall publish such price. Thereafter, during such 
stated period, no member of the Industry shall sell such specified 
l^roducts 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 Territorial Code Authority may recommend re- 
view or reconsideration or the Board may cause any determinations 
hereunder to be reviewed or reconsidered and appropriate action 
taken. 

Section 4. Cost F'niditig. — Tlie Territorial Code Authority shall 
cause to be formulated methods of cost finding and accounting 
capable of use by all members of the Industry, and shall submit 
such methods to the Board for approval. If approved b}^ the Board, 
full information concerning such methods shall be made available 
to all members of the Industr3^ Thereafter, each member of the 
Industr}^ shall utilize such methods to the extent found practicable. 
Nothing herein contained shall be construed to permit the Territorial 
Code Authority, any agent thereof, or ■s.ny member of the Industry 
to suggest uniform additions, percentages or differentials or other 
uniform items of cost which are designed to bring about arbitrary 
uniformity of costs or prices. 

Section 5. Guides of Fair Values. — Based on such accurate records 
and statistics as it may compile and/or other acceptable data and 
information, the Territorial Code Authority may, subject to the ap- 
proval of the Board, publish or approve for the Industry, or for 
the Territory or any County thereof, price determination schedules 
for as many kinds and classes of products of its establishments as 
may be desirable and practicable. Such schedules when approved 
shall serve as guides of fair value and shall be made available to 
members of the Industry for such use as they may care to make of 
them. 

ARTICLE VII TRADE PRACTICES 

Section 1. Inaccurate Records. — No establishment shall keep rec- 
ords of facts (pertinent to this Code) which are inaccurate in any 
material particular, or use misleading or deceptive methods of de- 
termining costs in general or of a specific job, or withhold from or 
insert in any quotation or invoice any statement which makes it 
inaccurate in any material particular. 

Section 2. (a) Inacurate Advertising. — No member of the Indus- 
try 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, origin, size, substance, character, nature, finish, material, 



19 

content or preparation) or credit terms, values, policies, services, 
or the nature or form of the business conducted. 

(b) Xo establishment shall misrepresent circulation figures or 
advertising lineage of any newspaper published by it, or use any 
subterfuge by which said figures may be fictitiously increased for the 
purpose of securing business. Reliably audited circulation state- 
ments of each publication member shall be filed with the Board 
semi-annually as directed, and shall be kept confidential by it. 

Section 3. Defamation. — No member of the Industry shall defame 
a competitor b}' 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. 

Section 4. Brihing Employees. — Xo member of the Industry shall 
give, permit to be given, or offer to give, anything of value for the 
purpose of influencing or revrarding any action of anj^ 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 emploj^er, principal or 
party. This provision shall not be construed to prohibit free and 
general distribution of articles commonlv used for advertising except 
so far as such articles are actually used for commercial bribery as 
hereinabove defined. 

Section 5. Threats of Lair Suits. — Xo member of the Industry shall 
publish or circulate unjustified or unwarranted threats of legal pro- 
ceedings which tend to or have the effect of harassing competitors 
or intimidating their customers. 

Section 6. Inducing Breach of Existing Contracts. — Xo 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 perform- 
ance of any such contractual duties or services by any such means, 
with the purpose and effect of hampering, injuring or embarrassing 
competitors in their business. 

Section 7. Appro prlat ion of Design. — Xo establishment shall 
usurp or without the consent of the rightful owner make use of any 
design, plan, drawing, sketch, dummy or copy of such establishment 
which has been submitted to a prospective customer by a competing 
establishment and is rightfully and plainly marked as having been 
originated or devised by and being tlie propery of such competing 
establishment and which has not been purchased by such prospective 
customer. 

Section 8. Submitting Bids. — Xo establishment shall make a ficti- 
tious bid for the purpose of misleading or deceiving a customer or 
competitor, or attempt thereby to cause any bid already submitted 
on a specific proposal to be rejected for the purpose of securing an 
advantage over other bidders in a subsequent proposal. 

Section 9. Partial Shipment. — Xo establishment shall accept an 
order for a large quantity of any of its products or merchandise and 
make delivery thereof in small amounts at quantity prices, which 
will have the effect of extending to any customer any special service 
or privilege not extended to all customers of the same class. 



20 

Section 10. Uniform Sales Contract Form. — The Territorial Code 
Authority ma}' adopt substantially uniform quotation and estimating 
blanks for the use of the Industry. Such blanks shall be subject 
to approval by the Board. 

Section 11. Acts of Employees and Agents. — No establishment 
shall sulfer any employee or agent to commit an act which is pro- 
hibited in this Article. 

Section 12. Secret Rebates. — (a) 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 Indus- 
try 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. 

(b) No establishment, for the purpose of securing advertising, 
shall cut its rates or give secret rebates or commissions that will 
reduce its rates below the figures on its published rate card, so as to 
result in discrimination between customers or to give a rate advan- 
tage to one which is not available to all under the same terms. 

Section 13. Furnishing Photo-Engravings Or Art Work. — Offers, 
secret or otherwise, to furnish photo-engravings, art work, or other 
products of the photo-engraving industry free of charge or below the 
filed price thereior to influence the sale of other products or services 
shall constitute a violation of this Code. 

Section 14. Black List. — No member of the Industry shall join 
or participate with any other member or members of the Industry 
in the transaction known in law as a blacklist, including any practice 
or device (such as a white list) which accomplishes the purpose of 
a blacklist. 

article VIII — export trade 

No provision of this Code relating to prices or terms of selling, 
shipping or marketing, shall apply to export trade or sales or ship- 
ments for export trade. " Export Trade " shall be as defined in the 
Export Trade Act adopted April 10, 1918. 

ARTICLE IX 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 
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 X MODIFICATION 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provisions of subsection (b) of Section 10 of the Act, from time to 
time to cancel or modifj^ 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 



21 

Board, 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 Juno IG, 1935. 

ARTICLE XI — MONOrOLIES, ETC. 

Xo proA'ision of this Code shall be so applied as to permit monop- 
olies, or monopolistic practices, or t^ eliminate, oppress or discrimi- 
nate against small enterprises. 

ARTICLE XII EFFECTIVE DATE 

This Code shall become effective thirty (30) daj^s after its approval 
by the President. 

Chapter II — Liaison Chapter 

Section 1. Every process emploj-ed in performing a job set with 
other than ideographic characters must be regulated, paid, and other- 
wise be in conformity with Chapter I of this Code, except insofar as 
the wage provisions in Chapter I are modified by the provisions of 
Section 3 of this Chapter. 

Section 2. Every process employed in performing a job set in 
ideographic characters must be regulated, paid, and otherwise be in 
conformity with Chapter III of this Code. 

Section 3. If, however, an establishment finds it necessary to make 
an adjustment within the plant to obtain an approximate equality in 
wages among employees of approximately equal skill performing 
analogous tasks, some on jobs using alphabetic characters, some on 
jobs using ideographic characters, such establishment is authorized 
to make such adjustment; provided 

(a) Such adjustment shall not operate to result in a decrease in 
the payroll disbursed by employers. 

(b) That charges for work performed or services rendered to con- 
sumer shall be based on the proper provisions of the applicable 
Chapter of this Code. 

(c) And provided, further, that the Board and the Code Authority 
of each Chapter of this Code, and their respective agents, may at 
any time make inspections and take appropriate action to insure that 
the authorization afforded by this Chapter is properly used. 

Section 4. The amount to be disbursed in wages to employees en- 
gaged in producing a combination alphabetic-ideographic newspaper 
shall be the sum of : 

(a) Wages payable on account of all employees, except those on 
presswork, engaged in producing the alphabetic section of the paper, 
said wages computed in accordance with Chapter I. 

(b) Wages payable on account of all employees, except those on 
presswork, engaged in producing the ideographic section of the 
paper, said wages computed in accordance with Chapter III. 

(c) Wages payable to the press crew being the sum of: 

(1) Wages of entire crew at rates prescribed in Chapter I for the 
percentage of total time consumed in presswork which the number 
of alphabetic pages is of the total number of pages. 



22 

(2) Wages of entire crew at rates prescribed in Chapter III for 
the percentage of total time consumed in presswork which the num- 
ber of ideographic pages is of the total number of pages. 

Section 5. A page of a newspaper will not be considered ideo- 
graphic if it contains any alphabetic reading matter other than the 
captions and a few descriptive lines of display advertisements. 

Section 6. The rules in Sections 1 to 4, inclusive of this Chapter 
are applicable to both newspapers and commercial printmg. 

Section 7. In order to insure integration between the subjects 
covered by Chapters I, II and III, a liaison committee shall be set 
up consisting or one member from each Territorial Code Authority 
and a third member selected by those members or appointed by the 
Board if they are unable to agree. 

Chapter III — Ideographic DI\^SI0N 

article I — PURPOSE 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, the foUowinor provisions are established as Chapter 
III of the Graphic Arts Code for the Territory of Hawaii, and 
modify certain of the provisions in Chapters I and II of this Code 
which are not practically applicable to the processes involved in 
the printing of ideographic characters. Chapters I and II in their 
entirety will, however, govern establishments engaged in printing 
both ideographic and alphabetic characters unless otherwise ex- 
pressly stated. The provisions of this Chapter III apply to multiple 
language establishments only so far as their work in ideographic 
characters is involved. 

article II DEFINITIONS 

The definitions in Article I of Chapter I of the Graphic Arts 
Code are adopted for the Ideographic Division. 

ARTICLE III— WAGES 

Section 1. Non-mechanical employees in alphabetic-ideographic 
as well as in solely ideographic establishments shall receive not less 
than Thirteen Dollars ($13.00) per week, excepting persons (other 
than apprentices) learning the business during the first twelve (12) 
months of service in the Industry, office boys and girls, and/or 
errand boys or girls between the ages of sixteen (16) and eighteen 
(18), provided, that such groups do not comprise in all more than 
ten per cent (10%) of the number of non-mechanical employees, and 
provided, further, that such excepted persons shall receive not less 
than Five and 28/100 Dollars ($5.28) a week or twelve cents (120) 
an hour. Part time, non -mechanical employees shali be paid at the 
same rate. 

Section 2. Unskilled mechanical employees shall receive not less 
than twenty cents (20^) an hour. 

Section 3. Skilled mechanical employees shall receive not less 
than the following hourly rates: 



23 

(a) Solely Ideographic Workers: 

Typepickers $0. 23 

Type Sesi'egators • i^l 

IdeograpliK" Compositors . ^S^^' 

Ideographic Type Casters . 2S% 

(b) When Employed o-n Ideographic M'ork: 

Binders • 23 

Pressmen . 28i/^ 

Assistant Pressmen -23 

Section 4. Saving Clause. — The Avages of no employee shall be 
reduced below those paid him on June 16, 1933. 

ARTICLE IV HOURS OF LABOR 

The provisions of Article II, Chapter I, are specifically incor- 
porated herein by reference with the same force and effect as if set 
forth herein in full. 

ARTICLE V APPRENTICES 

Section 1. Apprentices may be employed to work solely on ideo- 
graphic characters under the following conditions : 

(a) The ratio for apprentices under this Chapter shall be not 
more than three (3) apprentices to ten (10) or a major fraction 
thereof of skilled emploj-ees of the respective classifications listed 
in Section 3 (a) of Article III of this Chapter. The minimum wage 
for apprentices shall be fifteen cents (15^) per hour or Six and 
60/100 Dollars ($6.60) a week. 

(b) The maximum terms for such apprenticeships shall be three 
(3) years and the minimum hourly wage shall be increased at least 
two cents (2(^') per hour each year for any classification under which 
such apprentices are emplo3'ed. Employers shall compl}^ with 
standards prescribed b}^ the Secretary of Labor under authority 
conferred by Executive Order 6T50-C dated June 27, 1934. 

(c) Upon the satisfactory completion of the term of apprentice- 
ship skilled mechanic employees' minimum rates of pay shall apply. 

(d) All such apprentices shall be registered with the terms of 
their apprenticeship, with the Territorial Code Authority provided 
in Article VI of this Chapter, and no apprentice hereafter em- 
ployed shall at the time of beginning his employment be over 
twenty-one (21) years of age. 

(e) Persons working under apprenticeship arrangements made 
prior to July 1, 1933, shall be given credit on their journeymen's 
training for all time served under such arrangements. 

Section 2. Apprentices who perform any of the processes in- 
volved in the production of alphabetic work will be governed 
insofar as apprenticeship regulations are concerned by the appren- 
ticeship provisions in Chapter I of this Code. However, such 
apprentices when working on ideographic jobs may be paid at the 
rates provided in Section 1 above and their pay may be computed 
and equalized as provided in Chapter II. 

article VI ORGANIZATION, POWERS AND DUTIES OF THE CODE AUTHORITY 

Section 1. (a) Within sixty (60) days after the effective date 
of this Code, there shall be constituted a Territorial Code Authority 
consisting of nine (9) members to be elected by members of the 



24 

Industr}' at a meetino^ or meetino-s called by the Temporary Terri- 
torial Code Authorit}', upon ten (10) days' notice sent by registered 
mail to all known members of the Industry who may vote either 
in person, by proxy or by mail. Each member of the Industry 
is entitled to one (1) vote. The members of the Territorial Code 
Authority first elected shall serve until their successors are elected. 
During such sixty-day ]3eriod, until such Territorial Code Authority 
has been so constituted, the ccaimittee of the group or the asso- 
ciation sponsoring this Code shall constitute the Temporary Terri- 
torial Code Authority. The members of the Territorial Code Au- 
thority shall be elected in the following manner: 

Four (4) shall be elected b}' the members of the Ideographic 
Printers Association on the Island of Oahu; 

One (1) shall be elected by the members of the Ideographic 
Printers Association on the Island of Maui ; 

One (1) shall bo elected by the members of the Ideographic 
Printers Association on the Island of Kauai ; 

One (1) shall be elected by the members of the Ideographic 
Printers Association on the Island of Hawaii ; and 

Tvro (2) shall be elected by members of the Industry, not members 
of the Association, or failing such election, such members shall be 
appointed by the Board from a list submitted by non-members of 
the Ideographic Printers Association, or, if such a list is not sub- 
mitted, the Board shall appoint from members of the Industry, who 
are not members of the Association, two (2) members of the Terri- 
torial Code Authority. 

Where a vacancy occurs in the membership of the Territorial Code 
Authority, such vacancy shall be filled by the majority vote of the 
remaining Code Authorit}'^ members, provided that such vacancy is 
filled by a representative from the same group as was the vacating 
member. 

(b) In addition to membership as above provided, there may be 
three (3) members without vote, to be known as Administration 
Members, to be appointed by the Board to serve for such terms as it 
may specify. 

Section 2. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Territorial 
Code Authority or the County Code Authorities shall (1) impose no 
inequitable restrictions on membership, and (2) submit to the Board 
true copies of its articles of association, bj'-laws, regulations, and 
an}^ amendments when made thereto, together with such other infor- 
mation as to membership, organization and activities as the Board 
may deem necessary to effectuate the purposes of the Act. 

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

Section 4. Nothing contained in this Code shall constitute the 
members of the Territorial Code Authority or the County Code 
Authorities partners for any purpose. Nor shall any member of the 



25 

Territorial Code Authority' or the County Code Authorities be liable 
in an}- manner to anj'one for anj^ act of any other member, officer, 
agent or employee of the Territorial Code Authority or the County 
Code Authorities. Nor shall any member of the Territorial Code 
Authority or the Count}' Code Authorities, exercising reasonable 
diligence in the conduct of his duties hereunder, be liable to anyone 
for any action or omission to act under this Code, except for his own 
wilful malfeasance or non-feasance. 

Section 5. If the Board shall at any time determine that any 
action of the Territorial Code Authority or any agency thereof may 
be unfair or unjust or contrary to the public interest, the Board may 
require that such action be suspended to afford an opportunity for 
investigation of the merits of such action and further consideration 
by such Territorial 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 inten- 
tion to proceed with sucli action in its original or modified form. 

Section 6. (a) Subordinate to the Territorial Code Authority es- 
tablished in Section 1 of this Article, there shall be constituted County 
Code Authorities for those counties of the Territory where, in the 
opinion of the Board, the Territorial Code Authority will require 
assistance of a regional group in its duties of investigation, fact- 
finding, education and research. Members of the County Code Au- 
thorities shall be elected in a manner satisfactory to the Board, by the 
Industry at large in the county where they are to serve and shall be 
truly representative of the Industry in that county. 

(b) In addition to membership on the County Code Authority as 
above provided, there may be one (1) member, without vote, to be 
known as the Administration Member, to be appointed by the Board 
to serve for such term as it may specify. 

Section 7. Poivers and Duties. — Subject to such rules and regula- 
tions as may be issued by the Board, the Territorial Code Authority 
shall have the following powers and duties, in addition to those 
authorized by other provisions of this Code : 

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

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

(c) To obtain from members of the Industry such information and 
reports as are required for the administration of the Code. In addi- 
tion to information required to be submitted to the Territorial Code 
Authority, members of the Industry subject to tliis Code shall furnish 
such statistical information as the Board may deem necessary for the 
purposes recited in Section 3 (a) of the Act to such Federal and 
Territorial agencies as it may designate; provided that nothing in 
this Code shall relieve any member of the Industry of any existing 
obligations to furnish reports to any government agency. No indi- 
vidual report shall be disclosed to any other member of the Industry 
or any other party except to such other governmental agencies as may 
be directed by the 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 Territorial 
Code Authority of its duties or responsibilities under this Code and 



26 

that such trade associations and agencies shall at all times be sub- 
ject to and comply with the provisions hereof, 

(e) To make recommendations to the Board for the coordina- 
tion of the administration of this code and such other codes, if any, 
as may be related to or affect members of the Industry. 

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

(a) To incur such reasonable obligations as are necessary and 

jDroper for the foregoing purposes and to meet such 
obligations out of funds which may be raised as here- 
inafter provided and which shall be held in trust for 
the purposes of the Code; 

(b) To submit to the Board for its approval, subject to such 

notice and opportunity' to be heard as it maj'^ deem nec- 
essary (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 Board, to determine and obtain equi- 
table contribution as above set forth b}' all members of 
the Industry, and to that end, if necessary, to institute 
legal proceedings therefor in its own name. 

(2) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Territorial 
Code Authority, determined as hereinabove provided, and subject 
to rules and regulations pertaining thereto issued by the Board. 
Only members of the Industry compl3dng with the Code and con- 
tributing to the expenses of its administration as hereinabove pro- 
vided (unless duly exempted from making such contributions) shall 
be entitled to participate in the selection of members of the Territo- 
rial 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 Territorial 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 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, 

(g) To recommend to the Board any action or measures deemed 
advisable, including further fair trade practice provisions to govern 
members of the Industry in their relations with each other or with 
other industries; measures for 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 Industry for the purpose of formulating 



27 

fair trade practices to govern the relationships between employers 
under this Code and under such other codes to the end that such fair 
trade practices may be proposed to the Board as amendments to this 
Code and such other codes. 

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

ARTICLE Ml ADOrnON OF CHAPTER I 

Establishments engacred solely in ideographic work shall follow 
all of the provisions of Chajjters I and II which have not been modi- 
fied in Chapter III and which were not designed for the specific 
purpose of equalizing alphabetic-ideographic competition. 



Approved Code No. 554. 
Registry No. 599^1. 



o 



Approved Code No. 555 
CODE OF FAIR COMPETITION 

FOR THE 

ZINC INDUSTRY 

As Approved on March 26, 1935 



ORDER 



AppRO\^xG Code of Fair Competition for the Zinc 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 Zinc Industry, and hearings having been 
duly held thereon and the annexed report on said Code, containing 
findings with respect thereto, having been made and directed to the 
x^rGSiQGrit ' 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said Code com- 
plies in all respects with the pertinent provisions and will promote 
the policy and purposes of said Title of said Act; and does hereby 
order that said Code of Fair Competition be and it is hereby ap- 
proved, subject, however, to the following conditions : 

(1) The provisions of Article III, Section 1, and provisions re- 
lated thereto, insofar as they permit of averaging, shall remain in 
force and effect for a period of sixty (60^ days beginning with the 
effective date of this Code. At the expiration of said sixty (60) 
day period the aforesaid averaging provisions shall be automatically 
stayed and the Code amended by a subsequent Order to eliminate 
the said averaging provisions, or the said averaging provisions shall 
be superseded by appropriate provisions submitted by the Code 
Authority which shall conform to established Administration policy, 
unless good cause is shown by the Code Authority before the termi- 
nation of said period for a continuation of the aforesaid averaging 
provisions in their present form, or with modifications thereof. 

(2) The impartial investigator referred to in Subparagraph (a) 
of Section 1 of Article III shall review conditions in the Mississippi 
Valley, Southern, and Southwestern Districts of the Mining Divi- 
sion of the Industry for the purpose of reporting to the Board 
within ninety (90) days from the effective date of this Code, the 

124362° 1603—116 35 (29) 



30 

amount of adjustment of Code wapes (not in excess of recommenda- 
tions of the Labor Advisory Board — thirty-five cents (35^) per hour 
above ground and forty cents (40^) per hour underground) possible 
in said Districts in order to effectuate the policies of Title I of the 
Act; and that the Board after reviewing said report and consult- 
ing with all interests concerned, may modify the minimum Code 
wage provisions for said Districts of said Mining Division, as it may 
deem necessary upon the basis of said report. 

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

Approval recommended : 
W. P. Ellis, 

Division AdTiiinistrator. 

Washington, D. C, 

March 26, 1935. 



REPORT TO THE PRESIDENT 

The President, 

The 'White Hoiise^ 

Sir: The original Code for the Zinc Industry was submitted on 
October 10, 1933, by the American Zinc Institute, Incorporated, 
organized in 1918, representing over 95% of the known members oi 
Industry and 95% of voknne of production. Several revisions of 
the Code were made prior to the public hearing which was held 
on December 8, 1933. This Code was revised during the recess of this 
hearing and was submitted in its present form for approval. Every 
person who requested an appearance w^as properly heard in accord- 
ance with statutory and regulatory requirements. 

The Zinc Industry includes the mining, concentrating and smelt- 
ing of zinc bearing ores and materials, and the primary steps in the 
fabrication into metallic zinc products and zinc pigments and the 
original sale of industry products. 

Although zinc is one of the most widely applied and useful of 
the base metals its development as an industrial material is of com- 
paratively recent origin in the United States, and while known to 
the ancients for centuries it was not until about 1800 that the smelt- 
ing of zinc was successfully started in Europe and it was not until 
1860 that it was produced commercially in the United States to the 
extent of about 800 short tons. From this humble beginning the 
Industry reached peaks of 670,000 and 625,000 short tons respec- 
tively in 1917 and 1929. 

The first mining of zinc ores was carried out in the Eastern States, 
and even today New Jersey, New York, Virginia and Tennessee are 
important producers. 

In the mining of lead ores in the upper Mississippi Valley, in 
Wisconsin and Illinois the occurrence of zinc ores was found in the 
same deposits and lead to the development of a zinc smelting industry 
in the proximity of the Illinois and Indiana coal fields. Subse- 
quently the extensive zinc deposits of Joplin, or the Tri-State region 
located in the adjoining corners of Missouri, Kansas and Oklahoma, 
were discovered. Production from this region developed rapidly 
and for a considerable time after 1905 produced approximately 50% 
of the zinc in the United States. During the World War extensive 
deposits were discovered in the western section of this region with 
the result that Oklahoma has recently become the leading zinc pro- 
ducing state. The ores in this Tri-btate region, usually occurring 
at depths of 150 to 350 feet, are a combination of zinc, and lead 
sulphides, and are known as " Spahlerites " " Blende " or " Galena " 
and yield about six parts of zinc to one part of lead; the combined 
metal contents of the ores being about 5% of the ores mined. These 
ores, after being mined, are crushed and ground preliminary to sepa- 

(31) 



S2 

ration of the metallic values from the gangue and the selective sepa- 
ration of the zinc and lead values by flotation. The zinc concentrates 
so produced contain about 60% metallic zinc. Due to metallurgical 
losses incidental to smelting and refining, about two tons of concen- 
trates are required to produce one ton of slab zinc. These concen- 
trates are either shipped to smelters located East of the Mississippi 
River in the proximity of coal fields, or to Oklahoma, Arkansas, 
Kansas and Texas in the proximity of natural gas fields. 

Zinc ores in the Western Mountain States occur in vein and replace- 
ment deposits, usually at greater depths than in the Tri-State area 
and are mined at greater costs than in the Tri-State region. Large 
reserves of zinc have long been known to be present in the so-called 
" complex " ores of many mining districts, but until the past decade 
no practical means of recovering the zinc had been developed. These 
complex ores consist of an intimate combination of zinc, lead and 
iron sulphides and in some cases zinc, copper and iron sulphides, and 
also containing small but valuable quantities of silver and gold. 
The zinc is not sufficiently high to permit these ores to be treated 
directly by a zinc smelter, and on the other hand it interferes with 
the recovery of the remaining metals by a lead or copper smelter. 
Certain of these ores in which the zinc content was too high were 
treated by custom smelters, it, however, being necessary to " slag 
off " the zinc, a costly operation for which the smelter had to charge 
the miner a heavy penalty. 

The recent development of selective flotation changed this whole 
situation. In this process the complex ores are ground extremely fine 
so as to separate the individual mineral particles, and the lead, zinc 
and iron minerals are then floated off successively thus producing 
separate concentrates of lead and of zinc which can readily be 
treated at the respective smelters. Through this means not only was 
the zinc in many western mines transformed from a penalty con- 
stituent to one of value, but many ore bodies Vv'hich had had no com- 
mercial value became amenable to treatment and began to produce 
large quantities of both lead and zinc. 

Of the 12,800 people emplo^^ed in zinc mining and milling in 1929 
about 67% of the total were employed underground. By regions 
about 3,000 were employed in the Mountain States, 8,000 in the Mis- 
sissippi Valley States, including the Tri-State area, and about 2,000 
in the Eastern States. 

Smelters for the production of metallic zinc or manufacturing of 
zinc pigments are seldom, if ever, located near the mines due to the 
fact that the deposits of coal and natural gas, both of which are 
so necessary for the reduction of zinc ores, are located in areas other 
than where the zinc deposits are located. The market for metallic 
zinc and sulphuric acid (a by-product from the zinc ore roasting 
operations) is also a determining factor in the economic selection 
of sites for smelter operations. It is also cheaper to transport the 
raw concentrates (in terms of pounds of recoverable metal) by rail 
to the far distant smelters than to produce the metal at the mine and 
ship by rail. 

The methods of smelting or extracting zinc from its ores and con- 
centrates are quite different from those employed for other base 
metals. Instead of being produced in large furnaces in which the 
metal is formed in the molten state and tapped, as is the case in 



33 

iron, copper and lead, zinc is pi'oduced by distillation and subsequent 
condensation of the metallic vapor or b}^ dissolving the zinc values 
in sulphuric acid and then recovering the zinc values from the solu- 
tion, or electrolyte, by electrolysis. In the distillation process, of 
which there are about twenty plants in the United States, the ore, 
or concentrate, is first roasted to burn oif the sulphur (the sulphur- 
ous gases being utilized in the making of sulphuric acid) and to 
convert the zinc into the form of zinc oxide. The roasted product 
is then mixed with finely divided coal and is charged into small 
cylindrical refractory retorts which are arranged in horizontal tiers 
in a furnace which was fired either by natural gas or producer gas. 
By those metallurgical operations the zinc oxide is reduced to metal- 
lic zinc at a temperature higher than its boiling point; the zinc 
passes off in the form of vapor to a condenser where it is condensed 
to liquid form and is then drawn off periodically and cast into slabs 
weighing about fifty pounds each. Although the retort furnaces use 
a process several centuries old and the process is often looked upon 
as being obsolete, nevertheless the recoveries are often as high as at 
electrolytic plants. There is, however, a tendency in the United 
States towards the lessening of hand labor and hand conveying and 
resort to mechanical handling and gravity feed into vertical retorts. 
Much time and effort has been spent in the design of furnaces for 
the smelting of zinc by a continuous distillation process. About 
1915 the electrolytic process of producing metallic zinc was developed 
in Montana; subsequently as additional quantities of zinc concen- 
trates were made available by selective flotation electrolytic plant 
capacities were increased and the Western Mountain States' pro- 
duction of slab zinc rose from an inconsequential position to one of 
the major zinc producing centers. In 1929 the Western States pro- 
duced 33% of the total zinc output of the country, as compared with 
43% for the Tri-State District, and 24% for the states east of the 
Mississippi River. The electrolytic process is particularly adaptable 
where cheap power, usually hydroelectric power, is available and 
where there is a scarcity of coal or gas fuel. The price for electric 
power must be under .004^ per kwt. hour to compete with retort 
furnaces. In this process the zinc content of the roasted ore is 
" leached " with dilute sulphuric acid. The zinc-bearing solution is 
then filtered and purified and the zinc value is recovered from the 
solution by electrolysis. The metallic zinc is deposited on the cath- 
odes from which it is stripped at regular intervals and then melted 
and cast into slabs. The zinc produced by this process is extremely 
high grade, the most recent development being the regular zinc 
production containing less than 1/100 of 1 per cent impurities. 

Xot all of the zinc ore mined in the United States is used in the 
production of slab zinc — about one-sixth of it is used directly in the 
manufacture of certain zinc compounds, namely zinc oxide, lithopone 
and various zinc salts. Zinc oxide is usually produced by heating 
oxidized ores or concentrates with coal on an iron grate through 
which air is blown from underneath. The zinc is thus reduced to 
the metallic state and rises as a vapor which is immediately oxidized, 
forming a dense white fume which is subsequently filtered for the 
production of zinc oxide. This process of production is known as 
the American process. Zinc oxide of exceptional purity is also pro- 
duced by the French process which consists in the vaporization of 



34 

high grade metallic zinc and the subsequent oxidation of the zinc 
vapors to form zinc oxide. 

Lithopone is an intimate mixture of zinc sulphide and barium 
sulphate, produced by chemical precipitation, followed by subse- 
quent processing and finds use as a pigment. The principal by-prod- 
uct of zinc smelting and oxide manufacture is sulphuric acid, ob- 
tained from the sulphur gases produced in roasting zinc concentrates. 
In the electrolytic plants a part of this acid is used in leaching the 
roasted ore to produce the zinc electrolyte. Large quantities of acid 
are also used in converting natural phosphate rock into soluble super- 
phosphate for use as an agricultural fertilizer. Sulphuric acid is 
also sold to chemical and oil refining industries. Metallic by-prod- 
ucts from zinc smelting include lead, silver, gold, copper and 
cadmium. 

The largest single use for metallic zinc is in the galvanizing indus- 
try. Of the 629,000 tons of metallic zinc produced in 1929 290,000 
was used in the galvanizing industry. The next outstanding use for 
zinc is in the manufacture of brass. In 1929 180,000 tons were used 
in the manufacture of brass. Rolled zinc, die castings and other 
purposes consumed the balance in almost equal quantities. 

The position of the secondary zinc industry occupies a role with 
respect to the Zinc Industry quite different than that of the second- 
ary metals in the copper and lead industries. Inasmuch as a major 
portion of metallic zinc is used in the galvanizing industry that ton- 
nage is not recoverable. By the same token another large tonnage is 
used in the production of paints and even in the refining of metals 
such as brass. Much of the contained zinc is lost through being 
burned out and is not recoverable. The secondary production of zinc 
is, therefore, well under 20% of the average domestic mine 
production. 

The history of the Zinc Industry is one of constant shift and change 
to position and status, governed by either the demands of progress 
or of consuming industry, the location of new deposits and the de- 
velopment of new processes of recovery. Eastern production yielded 
to the cheap production of oxide deposits of the Mississippi Valley 
and the Tri-State area. These latter two areas, especially the Tri- 
State area had to yield to the recovery by flotation of zinc values 
from the Western Mountain States, as also the discovery of the 
electrolytic method of zinc recovery. The Tri-State area is in a 
further peculiar position due to the fact that the recovery of ores 
from this particular area requires a minimum of mechanization, with 
the result that it has been made possible for many people with small 
capital to become zinc producers. The majority of these producers 
operate on lands leased from the Indians through the Department 
of Interior. The requisites of the lease are such that these producers 
must operate almost continuously in order to retain their leases. 
This condition of almost enforced operation means that many of 
these producers in their desire to hold their leases have operated at a 
loss due to the fact that their operations were in non-conformity to 
the laws of supply and demand. The royalty on private and Indian 
lands in the Tri-State district is based on gross value as compared 
with net value in the Rocky Mountain States. Contracts for leases 
of both private and Indian lands provide for the payment of royalty 



35 

on the gross value of the ore rather than the net, so that the owner, 
either jirivate or the oovornineiit may, and does, often receive very 
substantial cash royalties while the lessee loses money. It may bo 
necessary for the government to give consideration to the question 
of modifying the requirements of contracts on leases of Indian lands. 

Although the strategic position of the Zinc Industry with refer- 
ence to the position of the secondary metal is in far better status 
than some of the other base metals, this in a measure, however, may 
be offset by some other factors, and due consideration should be given 
to a system of control or allocation of production as provided for in 
the Code and each such allocation of production must be considered 
in the light of local conditions. 

The large potential producers of Colorado who have been closed 
down since IDS'O and 1931 might wish to reopen. Production in 
Idaho, Montana, Utah and Nevada has been greath^ curtailed and the 
Tri-State area has also been on a curtailed basis. Greater curtailment 
must be necessary during 1934 in order to reduce the excess stocks. 
Statistics furnished bj' the American Zinc Institute indicate, how- 
ever, that on December 31, 1933 stocks on hand amounted to 105,5G0 
tons, and that on Xovembor 30, 1931 there were 116.076 tons on hand, 
or an increase of 10.996 tons for the eleveii-month period. Some 
mines must continue to operate in spite of themselves. The Pecos 
mine in New Mexico cannot be closed if it is ever to be reopened again. 
Other zinc mines w^ould suffer much damage in being forced to close 
permanently. In the meantime the zinc mines of the Eastern States 
have decreased production only slightly in 1930 and 1932 and have 
an increased output in 1931 over 1932. During the last six months 
of 1933 the production from the Quapaw Indian land in Oklahoma 
under the supervision of the Department of Interior yielded 20% 
of the value of lead and 18% in the Tri-State district zinc output. 
In the years 1926 to 1933 Indian lands have produced as high as 32% 
of the total value of the zinc concentrates and in another year as 
high as 42% of the total value of the lead concentrates from the 
Tri-State District. 

Throughout the long history of mining in the United States it 
is axiomatic that an operating mine or district is one making oper- 
ating expenses, and failure to make expenses means closing down. 
Reservations to this axiom are that the operating mine or district 
has made money in the past and is now spending its surplus ; or has 
ore bodies which it hopes to develop into a profit making mine. 
The mine production of recoverable zinc by districts and regions 
from 1923 to 1933 indicates that the production of 1933 could easily 
have been made by the combined activities of the Eastern and the 
Tri-State districts; or by the Eastern States and the Eocky Moun- 
tain Far-Western States combined, or that either combination could 
equal and doubtless exceed the production of 1925 and 1926 of 
520.000 tons. Knovrledge of the ore bodies existing in the zinc 
districts of the United States confirms the above deductions. Okla- 
homa alone can be said to be the key to the picture ; equally reason- 
able dedvictions would place the key in the Rocky Mountain States 
where the situation is complicated by zinc production supplemented 
by the production of lead, silver and gold from complex ore bodies. 
The complex ore bodies are such as to compel mining and milling of 

124362°— 1603— 117 35 2 



36 

the sulphide minerals of the four metals in one operation and to 
prevent segregated mining of only one mineral. 

The mine production of recoverable zinc in the United States 
has declined from 775,000 short tons in 1926 to 285,000 tons in 1932, 
or from 44% of the world production of 27%. In the same period 
world production declined from 1,768,000 short tons to 1,074,000 
tons, but the corresponding percentage of production of other 
countries of the world showed an increase from 56% to 73%. The 
major decline in world output occurred in the United States. The 
Ktocks of slab zinc at smelters in j-ears past have been steady at an 
average of 26,000 to 30,000 short tons at the end of normal years, 
but reached 86,000 tons at the end of 1929 and 167,000 tons at the 
end of 1930. It dropped to 144,000 tons at the end of 1931, and to 
128,000 tons at the end of 1932, and to 106,000 tons at the end of 
1933. To reduce stocks at the end of 1934 to 30,000 tons and assum- 
ing an export of about 3,000 tons and a consumption of slab zinc 
of 353,000 tons, would mean that slab zinc production should be re- 
duced to 257,000 tons or less than the 1931 and 1933 output. In 
other words even if consumption increased in 1934 over 1933 there 
will have to be a curtailment of production to a quantity less than 
1931 and if consumption does not increase the curtailment will have 
to be even greater. 

The taritf of 1922 carried a duty of 11/2^ per pound of zinc on 
ores containing over 25% zinc and 1%^ per pound on zinc in blocks, 
pigs or slabs, and 2^ per pound on zinc in sheet and duties ranging 
from % of one cent to 21/4^ per pound on zinc chemicals and zinc 
pigments, and protects the United States' Zinc Industry from the 
heavy imports of ore from Mexico and Canada. The heavy decrease 
of imported ores for smelting under bond and the decrease in the 
exports of domestic slab zinc as well as the export of that made 
from foreign ores means two separate and distinct losses in source 
of revenues to the custom smelter with a corresponding reduction in 
capacity and need for labor. 

Article I. States the purpose of the Code. 

Article II. Accurately defines specific terms applicable to the 
Zinc Industry as used in this Code. 

Article III. The maximum hours are limited to 40 hours per 
week averaged over three month periods, such periods to be the regu- 
lar quarterly periods of each year, and eight hours in any 24 hour 
period except as otherwise provided for. Provision is made that 
emploj'ers shall report to the Code Authority at the end of each 
(juarter such detailed information as may be required by it or by the 
Administrator indicating how the averaging provision has been 
applied. The Administrator, at his discretion, may appoint an 
impartial investigator to review conditions in the Industry concern- 
ing the averaging provision. The eight hour provision for the ^Min- 
ing Division in each state shall be in accordance with the laws of the 
.state pertaining to the eight hour day for mining operations. 

Article IV. The minimum wages for employees vary from 30^ 
]~!er hour to 47i/2<i per hour according to geographical and divisional 
requirements. No person in clerical or office work shall be paid less 
tlian $15.00 per week except that office" boys and girls and messengers 
and laboratory boys may be paid 80% of the established minimum 



37 

for office employees. The iniiuiiium rate oi' pay for work performed 
for an}^ pay period shall apply irrespective of whether an employee 
is actually compensated on a time rate, piece or other basis. Provi- 
sion is also made for the employment of handicapped ])ersons. Pro- 
vision is also made for the adjustment of wao;os above the minimum. 

Article V. Provides that no em])loyer shall employ any person 
under 16 years of ao:e and that no person under 18 years of age 
shall be employed except in clerical, office, sales, service, technical 
and engineering departments. This Article also sets forth mandatory 
provisions resi^ecting the rights of employees to organize and bar- 
gain collectively. It also has to do with reclassification of em- 
ployees, standards for safety and health, the observance of state 
laws and the posting of complete cojnes of this Code so that they 
are accessible to employees. 

Article VI. Establishes a Code Authority consisting of six vot- 
ing members, five of which shall be selected from the members of 
the Executive Committee of the American Zinc Institute, Inc., and 
one of such voting members shall be elected by the members of In- 
dustry who are not members of the Zinc Institute, Inc. In addition 
to the organization of the Code Authority, the powers and duties 
are also outlined in this Article. 

Article VII. IMakes provision for the submission of reports in 
addition to those required under Section 3 (a) of the Act. 

Article VIII. No provision of this Code relating to terms of 
selling, shipping or marketing shall apply to export trade or sales 
or shipments for export trade. 

Article IX. Makes provision for the application of this Code to 
operations wherein other metals than zinc are produced. 

Article X. Makes provision for modification of this Code either 
by the President, in accordance with the provisions of Subsection 
(b) of Section 10 of the Act, or with the consent of Industry and 
the approval of the Board, or upon proposal by any interested party, 
or by the Code Authority, or directW by or to the Board. 

Article XL Xo provision of this Code shall be applied to promote 
monopolies or monopolistic practices or to eliminate, oppress or dis- 
criminate against small enterprises. 

Article XII. Makes provision for the termination of this Code on 
June 16, 1935, or on the earliest date prior thereto on which the 
President shall, b}'^ proclamation or agreement or joint resolution, 
declare that the emergency recognized by Title I of the Act has 
ended. 

Article XIII. Makes provision that the Code shall become effec- 
tive on the second Monday after its approval by the President. 

Article XIV. iMakes provision that hy the presentation of this 
Code those assenting thereto do not consent to any modification 
thereof. 

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

^Ye 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 



38 

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 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 unemploj'ment, 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 Board as a major Industry. 

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

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

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

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

For these reasons, therefore, this Code, subject to the stays of the 
specific provisions as set forth in the Order of Approval, has been 
approved. 

For the National Industrial Kecovery Board : 

W. A. Harriman, 
Ad7ni7iistrative Officer. 
March 26, 1935. 



CODE OF FAIR COMPETITIOX FOR THE ZIXC 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 Zinc Industry, and its provisions shall be the standards of fair 
competition for snch Industry and be binding upon every member 
thereof. 

Article II — Defixitioxs 

'\^nierever used in this Code or anj?- supplement appertaining 
thereto, the terms enumerated in this Article II shall have the 
meanings herein defined, unless the context shall otherwise clearly 
indicate. 

Sectiox 1. The term " President " means the President of the 
United States of America. 

Section 2. The term ''Act " means Title I of the National Indus- 
trial Recovery Act. 

Sectiox'^ 3. The term " Board " means the National Industrial 
Recovery Board as created by Executive Order #6859 of September 
27, 1934. 

Sectiox" -4. The term " Zinc Industry " or " Industry " as used here- 
in includes the mining of zinc ore, and/or the concentrating thereof, 
and/or the concentrating of zinc tailings, the production of zinc 
concentrates, the smelting of zinc ore, and/or zinc concentrates, 
and/or secondaiy'zinc-bearing materials, the refining of zinc, and/or 
secondary zinc-bearing materials, the manufacturing of slab zinc, zinc 
dust, rolled zinc, zinc alloys, zinc oxide, lithopone, zinc sulphide, and 
sulphuric acid, and the original sale of such products by the Member 
of Industry producing or manufacturing the same, either directh^ or 
indirectly through subsidiary, parent, and/or affiliated companies. 

(a) "Zinc Ore", "Zinc Tailings", and "Zinc Concentrates" 
mean, respectiveh^ , ore and tailings and the concentrates thereof con- 
taining zinc as the principle commercially recoverable constituent 
by weight. 

(b) "Zinc INIining " means the mining of Zinc Ore, and/or the 
concentrating of Zinc Ore, and/or Zinc Tailings, and/or the pro- 
duction by flotation of Zinc Concentrates. 

(c) " Prime Western Smelting " means the production of Prime 
Western, Selected, Brass Special, and intermediate grades of slab 
zinc by any process, excluding the production of plants which treat 
secondary materials only. 

(d) " High Grade Zinc " means the production of High Grade 
Zinc by any process, excluding the production of plants which treat 
secondary materials only. 

(39) 



40 

(e) " Secondcary Zinc " means the production of slab zinc of all 
grades by plants which treat secondary materials only, and for the 
purposes of this Code includes the production of zinc dust and the 
treatment of zinc ashes. 

(f ) " KoUed Zinc " means the j)roduction by rolling, of plate, 
sheet, strip and ribbon zinc. 

(g) " Zinc Alloy " means an alloy produced by the intentional 
addition to zinc of elements other than cadmium, iron, and lead, and 
for the purposes of this Code means such an alloy containing more 
than eighty (80) per cent zinc, produced for sale. 

(h) " Zinc Oxide " means the production of both lead-free and 
leaded grades of zinc oxide, whether produced from metallic zinc, 
zinc ores, or other zinc compounds. 

(i) " Lithopone " means the production of all grades of lithopone, 
including ordinary lithopone, high strength lithopone, titanated 
lithopone, and calcium base lithopone, and for the purposes of this 
Code includes the production of zinc sulphide. 

(j) " Sulphuric Acid — By-Product " means such sulphuric acid as 
is produced as a by-product of the roasting and/or sintering and 
further treatment of zinc ore, in the same plants as those in which 
the roasting or sintering and further treatment are conducted. " Sul- 
phuric Acid — Brimstone " means such sulphuric acid as is produced 
from brimstone burned to supplement the production of by-product 
acid. 

(k) "Special Intermediate Zinc" means the production, by any 
process, of slab zinc containing ninety-nine and seventy-five one 
hundredths per cent (99.75%) metallic zinc or more, and which is 
not within the American Society for Testing Materials standard 
for High Grade Zinc, excluding the production of plants which treat 
secondary materials only. 

Section 5. The term " Member of Industry " includes, but with- 
out limitation, any individual, partnership, association, corporation 
or other form of enterprise engaged in the Industry, either as an 
employer or on his or its own behalf. 

Section 6. The term " Employee " means and includes anyone en- 
gaged in the Industry in any capacity receiving compensation for 
his services, irrespective of the nature or method of payment of such 
compensation, except a Member of Industry. 

Section 7. The term " Employer " means and includes anyone 
by whom any such employee is employed or compensated. 

Section 8. The term " Apprentice " means an employee who is 
apprenticed to an employer by an indenture under an apprentice 
system established and maintained by such emplo3'er to serve an 
employer for a term of years at predetermined Avages for the period 
of the indenture in order to learn a trade, art or craft. 

Section 9. The term " Executive Committee " means the Execu- 
tive Committee of the American Zinc Institute, Inc., a New York 
membership corporation. 

Section 10. The term " Secretary " means the Secretary of the 
American Zinc Institute, Inc., who also shall be the Secretary of the 
Code Aathority. 

Section 11. The term " Division " includes, respectively, the sev- 
eral parts of the Industry as follows : 



41 

(1) Zinc Minin<j Division 

(2) Prime Western Smeltinoj Division 

(3) Hioh Grade Zinc Division 

(4) Secondary Zinc Division 

(5) Rolled Zinc Division 

(6) Zinc Alloy Division 

(7) Zinc Oxide Division 

(8) Lithojwne Division 

(9) Sulphuric Acid Division 

(10) Special Intermediate Zinc Division 

and such other and further Divisions as may hereafter be created 
pursuant to the provisions of this Code. 

Sectiox 12. Where used with reference to the Zinc Mining Divi- 
sion (Division 1), " Eastern District " means the States of New York, 
Xew Jersey and Pennsylvania : " Southern District " means the States 
of Virginia and Tennesse; "Mississippi Valley District" means the 
States of Wisconsin. Illinois. Missouri, Kansas. Oklahoma and Ar- 
kansas ; " Northwestern District " means the States of Colorado, 
Utah, Nevada, Montana. Idaho, Washington, Oregon and California; 
" Southwestern District '' means the States of Xew ]Mexico and 
Arizona. 

Section 13. Where used with reference to the Prime Western 
Smelting Division (Division 2), and the Sulphuric Acid Division 
(Division 9), " Eastern District " means the States of Pennsylvania 
and West Virginia; " Midwestern District '" means the States of Indi- 
ana and Illinois; "Southwestern District" means the States of 
Oklahoma, Arkansas and Texas. 

Article III — Hours of Labor 

Section 1. Maximum Hoxirs. — Xo employee shall be permitted to 
work in excess of forty (40) hours per week, averaged over three (3) 
month periods (such periods to bo the regular quarterly periods of 
each year) or in excess of eight (8) hours in any twenty-four (24) 
hour period, except as herein otherwise provided. Every employer 
at the end of each quarter shall report to the Code Authority, in 
such detail as may be required by it or by the Board, the manner 
in which the averaging feature herein provided has been applied by 
the employer during said quarter; and a summary of such reports 
shall be transmitted by the Code Authority to the Board, in such 
detail as the Board may prescribe. The Board may, at its discretion, 
appoint an impartial investigator to review conditions in the Indus- 
try concerning the averaging provisions herein. Such investigator 
on completion of his reviev*' shall report to the Board and forward 
a copy of such report to the Code Authority. 

(a) The eight (8) hour provision for the Mining Division in 
each State shall be in accordance with the laws of the State pertain- 
ing to the eight (8) hour day for mining operations. The Board, 
at its discretion, may appoint an impartial investigator to review 
conditions in the Mining Division of the Industi"y and specifically 
concerning the application of the eight (8) hour provision in con- 
formity with the State laws. Such investigator on completion of his 
review shall report to the Board and forward a copy of such report 



42 

to the Code Authority, The Code Authority shall study the appli- 
cation of the eight (8) hour provision in the Mining Division of 
the Industry relating to its conformity to the State laws, and shall 
report thereon to the Board not later than ninety (90) clays from 
the effective date of this Code.^ 

Section 2. Hours for Clerical and Office Emjjloyees. — No person 
employed in clerical or office work shall be permitted to work in 
excess of forty (40) hours in any one (1) week, except that during 
any one (1) week in a one (1) month period such employee shall be 
permitted to work a maximum of forty-eight (48) hours in any such 
week, and except as herein otherwise provided. A normal work day 
shall not exceed eight (8) hours. 

Section 3. Exce'ptions as to Hours. — The limitation as to hours of 
labor as specified in Sections 1 and 2 of this Article III, and Section 
5 of this Article III, as applied to Subparagraphs (a) and (b) of 
this Section 3 shall not apply to the following : 

(a) To employees engaged in emergency maintenance or emer- 
gency repair work, involving breakdown or protection of life or 
property; provided, that in such special cases not less than one and 
one-half (l^/o) times the nonnal wage rate for any employee so 
employed shall be paid for all hours worked in excess of eight (8) 
hours per day or forty (40) hours per week. 

(b) To persons engaged in a managerial, executive, supervisory 
or professional capacity, (excluding skilled production workers), 
who receive not less than Thirty-five Dollars ($35.00) per week; and 
to outside sales or sales service employees. 

(c) To hoistmen, power-house men, pumpmen and truckmen; pro- 
vided the total working hours of such employees shall not exceed 
forty-eight (48) hours in any one (1) week. 

(d) In the case of operations with three (3) shifts in a twenty- 
four (24) hour period where only in order to change shifts it is 
necessary for employees to work more than eight (8) hours in one (1) 
twenty-four (24) hour period, the provisions concerning working in 
excess of eight (8) hours in any one (1) twenty-four (24) hour 
period, shall not apply. 

(e) To clerical help working concurrently with employees de- 
scribed in Section 1 of Article III, and Sub])aragraph (d) of this 
Section 3, who may be permitted to work not in excess of the num- 
ber of hours which such employees shall work. 

(f) To watchmen, who may be permitted to work not in excess 
of eighty-four (84) hours in any two (2) week period or fifty-six 
(56) hours in any one (1) week period; provided, that no such em- 
ployee shall be permitted to work more than six (6) days in any 
seven (7) day period. 

(g) To an employee acting in temporary relief for a fellow em- 
ployee in continuous processes; provided, that one and one-half (1%) 
times the normal w^age rate shall be paid for all time so worked in 
excess of one (1) relief shift in any one (1) week of forty (40) 
hours. 

Section 4. Employment hy Several Einfloyers. — No employer 
shall knowingly permit any employee to work for any time which 



1 See paragraphs 2 (1) and 2 (2) of order approving this Code. 



43 



when totalled with that already performed with another enijiloyer 
or employers in this Industry or any other Industry, or in any Trade 
exceeds the maximum permitted herein. 

Sectiox 5. Standard Week. — No employee shall be permitted to 
work more than six (6) days in any seven (7) day period. 

Article IY — Wages 

Sectiox 1. Minhmnn Wages. — No employee, except as herein other- 
wise specified, shall be paid in any pay period less than at the fol- 
lowing rates in the following Divisions of the Industry: 



Cents per hour 




(1) Zinc Mining Division 

(2) Prime Western Smelting Division 

(3) High Grade Zinc Division 

(4) Secondary Zinc Division 

(5) Rolled Zinc Division.. 

(6) Zinc Alloy Division 

(7) Zinc Oxide Division 

(8) Lithopone Division _.. 

(9) Sulphuric Acid Division— By- Product 
Sulphuric Acid Division — Brimstone.. 

(10) Special Intermediate Zinc Division 



Provided, however, as to the Zinc Mining Division, the rate speci- 
fied above for it shall be applied to the Northwestern District, and 
thirty-five cents (350) per hour above ground, and forty cents (40<r) 
per hour above ground in the Eastern District, and thirty cents (300) 
per hour above ground and thirty-five cents (350) per hour under- 
ground in the Mississippi Valley, Southern and Southwestern Dis- 
tricts: provided further, as to the Sulphuric Acid Division — Brim- 
stone, the rate specified above for it shall be applied to the Eastern 
and Midwestern Districts, and thirty-five cents (350) per hour in 
the Southwestern District. The minimum rates herein provided shall 
be construed as hiring rates applying to common labor. Other classes 
of labor shall be compensated at rates above sucli minimum. Mini- 
mum wages in effect on July 1, 1933, which were above the minimum 
specified shall in no case be reduced. 

Section 2. Clerical and O^ce Einployees. — No accounting, cleri- 
cal, sales or service employee working on a weekly basis in any office 
shall be paid less than at the rate of Fifteen Dollars ($15.00) per 
week; provided, however, that office boys and girls and messengers 
may be paid not less than at the rate of eighty per cent (80% ) of 
such minimum, and provided further, that the number of such boys 
and girls and messengers so paid in any office shall constitute not 
more than five per cent (5%) of the total number of emplo^-ees in 
such office, but each employer shall be entitled to employ at least one 
such boy, girl or messenger in any office at not less than such reduced 
rate. 

(a) Laboratory boys may be paid not less than at the rate of 
eighty per cent (80%) of the minimum rate ($15.00) provided in 
this Section 2 ; provided, that the number of such laboratory boys so 



44 

paid by any emploj-er shall not exceed five per cent (5%) of the total 
number of laboratory employees employed by such employer, and 
provided further, that each employer may employ at least one (1) 
such laboratory boy at not less than such reduced rate. 

Sectiox 3. Piecework Cowpensation — Minimum Wages. — This 
Article IV establishes a minimum rate of pay for any pay period 
■udiich shall apply, irrespective of Avhether an employee is actually 
compensated on a time-rate piecework, or other basis. 

Section 4. Fevuile Employees. — Female employees performing 
substantially the sam.e work as male employees shall receive the same 
rate of pay as male employees, and wdien they displace male em- 
ploj^ees, they shall receive the same rate of pay as the men they dis- 
place. The Code Authority shall, wnthin ninety (90) days after the 
effective date of this Code, file with the Board a list of all occupa- 
tions in the Industrj^ in which both men and women are emploj'ed. 

Section 5. Wages Ahove the Minimum. — If equitable differentials 
in the wage rates above the minimum have not been made since July 
1, 1933, or were not in force prior thereto and are not still in force, 
there shall then be an equitable adjustment made within thirty (30) 
days from the effective date of this Code. In no event, however, 
shall hourly rates of wages be reduced in making such adjustment. 
Within sixty (60) days after the effective date of this Code, each 
ISIember of the Industry shall make a report of such adjustment 
whether made prior to or subsecjuent to date of approval of this 
Code, to the Code Authority. 

Section 6. Handicapped Persons. — A person whose earning capac- 
ity is limited because of age, physical or mental handicap, or other 
infirmity, may be emjDloyed on light work at a wage below the mini- 
mum established by this Code, if the employer obtains from the 
State Authority designated by the United States Department of 
Labor, a certificate authorizing such person's employment at such 
wages and for such hours as shall be stated in the certificate. Such 
Authority shall be guided by the instructions of the United States 
Department of Labor in issuing certificates to such persons. Each 
emploj^er shall file monthly with the Code Authority a list of all 
such persons employed by him, showing the wages paid to, and the 
maximum hours of work for such employees. 

Section 7. Payment of Wages. — Each employer shall make pay- 
ment of all wages in lawful currenc}'', or by negotiable check there- 
for payable on demand. These wages shall be exempt from any de- 
ductions other than those expressly authorized by an emplo3'ee or 
required by law. Pay periods for wages shall be at no greatei* 
interval than every semimonth and salaries at no greater interval 
than every month. 

Section 8. Apprentices. — Employment of apprentices at rates of 
compensation below the minimum provided herein shall be permitted 
where they are apprenticed to an employer by an indenture under 
any apprentice sj^stem established and maintained by such employer; 
provided, such indenture agreements are filed with the Code Au- 
tliority. Employers shall not be allowed to employ ap])rentices in 
number exceeding five per cent (5%) of the total number of skilled 
craftsmen of their special class, except that each employer shall be 
entitled to employ at least one (1) such emploj-ee. In no case shall 



45 

an apprentice be paid less than the minimum wage provided in 
Section 1 of Article IV in States which do not have laws governing 
apprentices. 

Article V — Gexeral Labor Provisions 

Section 1. Child Labor. — No person under eighteen (18) years of 
age shall be employed except in clerical, office, sales, service, technical 
and engineering department office duties, and no person uncler sixteen 
(16) years of age shall be emploj'ecl in any capacity. In any Stato 
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 of such State empowered to issue employment or age 
certificates or permits, showing that the employee is of the required 
age. 

Section 2. Provisions from 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 emplo3'ers 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. 

(a) Xo employee and no one seeking employment shall be required 
as a condition of emploj'inent to join any company union or to re- 
frain from joining, organizing, or assisting a labor organization of 
his own choosing. 

(b) 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. Reclassification of Employees. — Xo employer shall re- 
classify employees or duties of occupations performed, or engage in 
any other subterfuge for the purpose of defeating the purposes or 
provisions of the Act or of this Code. 

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 Board within 
three (3) months after the etfective date of this Code. 

Section 5. State Laws. — No provision in this Code shall super- 
sede an}'' 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 protection than are imposed by this Code. 

Section 6. Posting. — All employers shall post and keep posted 
copies of this Code in conspicuous places accessible to all emploj^ees. 
Every Member of Industry shall comply with all rules and regula- 
tions relative to the posting of provisions of Codes of Fair Competi- 
tion which may from time to time be prescribed by the Board. 

Section 7. Disviissal for Complaint. — No employer shall dismiss 
or demote any employee for making a complaint or giving evidence 
with respect to an alleged violation of the provisions of any Code. 

Section 8. Company Tovms and Stores. — Employees other than 
maintenance or supervisory employees, or those necessary to protect 
property, shall not be required, as a condition of employment, to 



46 

live ill houses rented from or specified by the emploj^er. Xo em- 
ployee shall be required, as a condition of employment, to trade at 
a store owned or specified by the employer. 

Article VI — Organization, PowrRs and Duties of the Code 

Authority 

organization and constitution 

Section 1. A Code Authority to administer the provisions of this 
Code is hereby constituted and shall consist of six (6) voting mem- 
bers. Five (5) of such votinpr members shall be selected from and by 
the members of the Executive Committee oi the American Zinc 
Institute, Inc., and one (1) of such voting members shall be elected 
b}' the INIembers of Industry who are not members of the American 
Zinc Institute, Inc. The Secretary of the American Zinc Institute, 
Inc., shall be the Secretaiy and a non-voting member of the Code 
Authority. The election of all members of the Code Authority 
shall be by a fair and equitable method of selection to be approved 
by the Board. In the event that the selection of the non-member 
of the American Zinc Institute, Inc., is not made within thirty (30) 
days after the effective date of this Code, such member may be 
selected by the Board. 

Section 2. In addition to the above membership, there may be 
not more than three (3) members, without vote and without compen- 
sation by the Industry, to be appointed by the Board to serve for 
such terms as it may specify. 

Section 3. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Code Au- 
thorit}^ shall, (1) impose no inequitable restrictions on membership, 
and (2) submit to the Board true copies of its articles of association, 
by-laws, rules and regulations, and any amendments when made 
thereto, together with such other information as to membership, 
organization and activities as the Board may deem necessary to 
effectuate the purposes of the Act. 

Section 4. In order that the Code Authority shall at all times be 
truly representative of the Industry and in other respects comply 
with the provisions of the Act, the Board may prescribe such hear- 
ings as it may deem proper: and thereafter, if it shall find that 
the Code Authority is not truly representative or does not in other 
respects comply with the provisions of the Act, may require an 
appropriate modification in the method of selection 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 
anjone for any act of any other member, officer, agent or employee 
of the Code Authority. Nor shall any member of the Code Author- 
ity, exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act under 
this Code, except for his own wilful malfeasance or nonfeasance. 



47 

POWERS AND DUTIES 

Section G. Subject to such rules and re<>iilations us may be issued 
by the Board and to the extent permitted by the Act, the Code 
Authority shall have the following further powers and duties: 

(a) To make investigations as to the functioning and observance 
of any provisions of this Code at its own instance or upon complaint 
of any person affected, and to report thereon to the Board. 

(b) To insure the execution of the provisions of this Code and pro- 
vide for the compliance of the Industry wath the provisions of the 
Act. 

(c) To adopt by-laws and rules and regulations for its procedure 
and for the administration of this Code. The Code Authority shall 
promptly furnish to the Board true copies of the by-laws, rules and 
regulations adopted pursuant to this paragraph. 

(d) To obtain from Members of Industry, through a confidential 
agency, such statistical information and reports as are required for 
the administration of this Code and to provide for submission by 
Members of Industry of such statistical information and reports as 
the Board may deem necessary for the purposes recited in Section 
3 (a) of the Act, which information and reports shall be submitted 
by Members of Industry to such governmental agencies as the Board 
may designate ; provided, that nothing in this Code shall relieve any 
Member of Industry of any existing obligations to furnish reports 
to any government agency. No individual reports submitted to the 
Board and/or such government agencies as the Board may designate, 
shall be disclosed to any other Member of Industry or any other 
party except to such government agencies as may be directed by the 
Board. 

(e) 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. 

(f ) To make recommendations to the Board for the coordination 
of the administration of this Code and such other Codes, if any, as 
may be related to or affect Members of Industry. 

(g) To recommend to the Board the creation of additional Divi- 
sions of the Industry and to call meetings of any Division of the 
Industry to consider and recommend to the Code Authority (1) fair 
competitive trade practice provisions to govern members of such 
Division in their relation to each other or with other Divisions 
of the Industry and (2) control of production through voluntary 
agreement or otherwise; and to recommend to the Board such 
measures as have been considered covering such practices and con- 
trol of production including stabilization of employment and con- 
servation of natural resources, such recommendations to be subject 
to approval of the Board after such notice and hearing as it may 
prescribe. 

(h) To engage the services of a certified, registered, chartered or 
other lawful practitioner of public accounting to inspect the books 
and records of any Member of Industry who is alleged to have vio- 



48 

laled this Code. In case such an inspection is ordered, such Member 
of Industry shall open his books and records to inspection by such 
certified, registered, chartered or other lawful practitioner of public 
accountinj:^ as to all matters which may be pertinent to the allegation, 
upon the express condition that such inspection be made only by 
ruch certified, reo-istered, chartei-ed or other lawful practitioner of 
public accounting, 

(i) In case such inspection indicates a violation of this Code 
has not been committed the certified, registered, chartered or other 
lawful practitioner of public accounting shall report that fact to 
the Code Authority without further details. 

(j) In case such inspection indicates a violation of this Code 
has been committed the certified, registered, chartered or other 
lawful practitioner of public accounting shall make a full report 
of such violation only to the Code Authority and to the Board. 

Sectiox 7. 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 this Code. 

(b) To submit to the Board for its approval, subject to such 
notice and opportunity to be heard as it may deem necessary, (1) 
an itemized budget of its estimated expenses for the foregoing pur- 
poses, and (2) an equitable basis upon which the funds necessary 
to support such budget shall be contributed b}^ Members of Industr3\ 

(c) After such budget and basis of contribution have been ap- 
proved by the Board, to determine and obtain equitable contribution 
as above set forth by all Members of Industry, and to that end, if 
necessary, to institute legal proceedings therefor in its own name. 

Section 8. Each Member of Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the Board. Only Members 
of Industry comph'ing with the Code and contributing to the ex- 
penses of its administration as hereinabove provided (unless duly 
exempted from making such contributions) shall be entitled to 
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. 

Sectiox 9. The Code Authority shall neither incur nor pay any 
obligation substantialh' in excess of the amount thereof as estimated 
in its approved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
Board, and no subsequent budget shall contain any deficiency item 
for expenditures in excess of prior budget estimates except those 
which the Board shall have so approved. 

Section 10, If the 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 Board may require that such 



49 

action be suspended to afford an opportunity for investigation of 
the merits of such action and further consideration by such Code 
Authority or agenc}' pending final action which shall not be effective 
unless the Board approves, or unless it shall fail to disapprove after 
thirty (30) days notice to it of intention to proceed with such action 
in its original or modified form. 

Article VII — Reports 

Section 1. In addition to such other reports as may be required 
from time to time under the provisions of Section 6, Subsection (d) 
of Article VI, Members of Industry shall furnish the following re- 
ports to the Secretary for compilation and reissuance in such manner 
as not to disclose separately any confidential information furnished 
by any Member of Industiy. 

(a^ For the Zinc Mining Division, monthly reports covering pro- 
duction, shipments, and stocks of zinc ores and/or concentrates at 
mines and/or concentrating mills. 

(b) For members of the Prime Western Smelting Division en- 
gaged in the production or sale of Prime Western, Selected. Brass 
Special, and/or Intermediate grades of slab zinc other than Special 
Intermediate zinc, except Members of Industry whose entire pro- 
duction of such grades of slab zinc is consumed in their own 
departments or by subsidiary, parent or affiliated concerns and no 
part of which is sold on the market as slab zinc or any of such 
grades. 

(c) iSIonthly reports showing total production from any source, 
of slab zinc of Prime Western, Selected, Brass Special, and/or Inter- 
mediate grades other than Special Intermediate zinc, shipments to 
buyers, and stocks of slab zinc of such grades wherever located, in- 
cluding stocks at smelters regardless of ownership. 

(d) Monthly reports showing receipts, consumption, and stocks of 
zinc ores and concentrates and other zinc-bearing materials for 
smelting purposes, regardless of ownership, inducting material in 
transit to plants. 

(e) Weekly reports of sales and prices of slab zinc of Prime 
Western, Selected, Brass Special, and/or Intermediate grades other 
than Special Intermediate zinc, including sales and/or transfers to 
affiliated rolling mills or other plants for consumption, and sales of 
zinc in slab form by such affiliated plants. 

Section 2. Any failure to file with the Code Authority, or the 
Secretary, any report, schedule, contract, or other information re- 
quired pursuant to the provisions of this Code, or the filing know- 
ingly of any false information, shall be deemed unfair competition 
and shall constitute a violation of this Code. 

Article VIII — Export Trade 

No provision of this Code relating to prices or terms of selling, 
shipping or marketing, shall apply to ex]Dort trade or sales or ship- 
ments for export trade. " Export Trade " shall be as defined in the 
Export Trade Act adopted April 10, 1918. 



50 

Article IX — Application of Code to Operations Wherein Other 
^Metals are Produced 

Section 1. If any Member of Industry is also a member of any 
other Inclnstrj^, provisions of this Code shall appy only to that por- 
tion of its business which is a part of the Zinc Industiy. 

Section 2. Where there is any question as to whether zinc is the 
major production from the operations which do or which might 
produce zinc, lead, copper, gold, silver or other materials, then in 
any and every such event the question as to which Code of Fair 
Competition shall govern such operations of any such Member of 
Industry shall be referred to a Coordination Committee. This Co- 
ordination Committee shall be composed of two members to be ap- 
pointed by each of the Code Authorities for such Industries as may 
be involved in each particular question. In the event such Com- 
mittee is unable to reach a majoritj' conclusion, then either the 
Committee shall elect an additional impartial member or upon their 
failure so to agree on such additional impartial member, the Board 
then may appoint such additional impartial committee member. 
Any Member of Industry, the operations of which may raise such a 
question, shall file a statement of fact with the Code Authority for 
its Industry, and such statement shall contain a statement of its 
preference as to the Code it would prefer to have such operations 
be governed b}", and such preference shall be granted unless such Co- 
ordination Committee shall find that the granting thereof would be 
unfair in view of the rights of others or that it would have a tend- 
ency contrary to the effectuation of the policies of the Act; pro- 
vided, that the operations of any Member in the same State and/or 
locality producing and/or milling, or smelting, or refining, or treat- 
ing zmc-bearing materials, and materials bearing copper, lead, 
and/or other mineral products, except coal, shall be governed by the 
provisions relating to hours, wages and labor conditions contained 
in the Code for the Industry covering the major portion of such op- 
erations, which major portion shall be the branch of the operations 
engaging the larger number of employees. Any action taken by the 
Coordination Committee under any of the provisions of this Article 
IX shall be subject to the approval of the Board. 

Section 3. Within ten (10) days after the effective date of this 
Code, any Member of Industry may file such a statement of fact 
and preference as to being governed by any of such other Codes 
which may at that time be in effect. Thereafter, upon any such 
other Code becoming effective, such statement may tlien be filed ; pro- 
vided, however, that until any such statement is filed and decision is 
made thereon by such Coordination Committee, such operation of 
such Member of this Industry shall be governed by the provisions 
of this Code. 

Section 4. From time to time thereafter if conditions change. 
ISIembers of this Industry shall be entitled to file such statements oi 
fact and preference as to change of a ]:>ortion of their operations 
from the jurisdiction of one Code to the jurisdiction of another, 
and in such event they shall be handled in the same manner as 
provided for above. 



51 

Section 5. The foregoing Sections 1 to 4 inclusive of this Article 
IX, shall not be effective until Codes of Fair Competition for the 
Copper and Lead Industries, containing an Article substantially 
the same as this Article have been approved and are in effect, and 
certified copies of such approved Codes have been filed with the Code 
Authority for this Industry. 

Article X — Modification 

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

Section 2. An amendment may be proposed by any interested 
party either to the Code Authority or directly by or to the Board. 
All proposed amendments shall be referred to the Code Authority, 
who shall give Members of Industry an opportunity to be heard 
thereon, and thereafter the Code Authority may make such recom- 
mendations thereon as are deemed proper; provided, however, that 
when approved by the Board as necessary to effectuate the policies 
of the Act, after such notice and hearing as it may prescribe, any 
proposed amendment shall thereupon become effective as a part of 
this Code. 

Article XI — Monopolies 

Xo provision of this Code shall be so applied as to promote monop- 
olies or monopolistic practices, or to eliminate, oppress, or discrimi- 
nate against small enterprises. 

Article XII — Termination 

This Code and all supplementary provisions thereto shall expire 
on June 16, 1935, or on the earliest date prior thereto on which the 
President shall by proclamation, or the Congress shall by joint 
resolution, declare that the emergency recognized by Title I of the 
Act has ended. 

Article XIII — Effectr-e Date 

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

Article XIV — Consent to Modification 

By presenting this Code, those assenting hereto do not thereby 
consent to any modification thereof. 

Approved Code No. 555. 
Kegistry No. 1224-1-01. 

O 



Approved Code No. 556 

CODE OF FAIR COMPETITION 



WHOLESALE AND RETAIL AUTOMOBILE SALES, 

SUPPLY, REPAIR, MAINTENANCE AND SERVICE 
INDUSTRY IN THE TERRITORY OF HAWAII 

As Approved on March 26, 1935 



ORDER 



Ai'PRoviXG Code of Fair Competition for the Wholesale and Re- 
tail Automobile Sales. Sufply, Repa.ir, Maixtenaxce and Serv- 
ice Industry in the Territory of Hawaii 

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 Wholesale and Retail Automobile Sales, 
Supph% Repair. Maintenance and Service Industiy in the Territory 
of Hawaii, and hearings having been duly held thereon, and the 
Deputy Administrator for Hawaii having made and submitted to the 
National Industrial RecoA^ery Board his report on said Code, con- 
taining his findings with respect thereto, and the annexed report of 
the National Industrial Recovery Board on said Code, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on belialf of tlie 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 report of the Deputy Administrator for Hawaii 
and the annexed report of the National Industrial Recovery Board, 
and does hereby concur in and ado])t the findings of fact ]nade 
therein, and does find that the said Code complies in all respects 
with the pertinent ])rovisions and will promote the i:)olicy and pur- 
poses of Title I of the National Industrial Recovery Act; and does 
hereby order that said Code of Fair Competition be, and it is 
liereb}^ approved, subject to the following conditions: 

(1) That all members of the Wholesale & Retail Automobile Sales. 
Supply, Repair, Maintenance and Service Industry in the Territory 
of Hawaii, as defined in the said Code under Article II. Section 4, 
to the extent tliat they are engaging in the said Industry in the Ter- 

124363° 1603—117 35 (53) 



54 

i-itorj' of Hawaii, shall be exempt from the provisions of any other 
Code of Fair Competition to which they might now or might here- 
after, but for this order, be subject; 

(2) That this Code shall become effective thirty (30) days from 
the date hereof unless good cause to the contrar}- is shown to the 
National Industrial Recovery Board within twenty-five (25) days 
and the National Industrial Recovery Board issues a subsequent 
Order staying or modifying this Order of Approval; 

(3) That Article YIII be and it is hereby stayed until further 
order of the National Industrial Recovery Board, pending submis- 
sion by the Territorial Code Authority of evidence to show the need 
for the provisions of said Article. 

National Industrial Recovery Board, 
By W. A. Harrimax, Administrative 0-fflcer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

March 26, 1935. 



liEPORT TO THE PKESIDENT 

The President, 

The ^Yllitc House. 

Sir : This is a report on the Code of Fair Competition for the 
Wholesale and Retail Automobile Sales, Supply, Repair, Mainte- 
nance and Service Industry in the Territory of Hawaii. 

The Public Hearing was conducted in Honolulu, T. H., on Jan- 
uary 15, 1934, in accordance -with the provisions of the National 
Industrial Recovery Act. The Automobile Sales and Servicing 
Association, which is presenting this Code, claims to represent over 
fifty per cent (50%) of the Industry and more than eightj^-six 
per cent (86%) of the volume of business. 

HOURS AND WAGES 

The Code provides for a maximum work week of fort^'-four (44) 
hours with the following exceptions and exemptions : 

(a) Employees engaged as executives, outside salesmen and/or 
collectors. 

(b) Watchmen who perform no other duties shall not be permit- 
ted to work more than fifty-six (56) hours in any seven (7) day 
period and not more than thirteen (13) days in any fourteen (14) 
day period. The maximum hours for sales employees, except out- 
side salesmen and collectors, watchmen who perform other duties, 
filling station attendants (gas, oil, battery, tire, wash and lubrica- 
tion service), garage foremen, janitors, chauffeurs, and drivers, 
shall be forty-eight (48) hours per week. 

Proprietors, employers and executives shall not work at produc- 
tive labor more hours per day or per Aveek than is permitted for 
employees in the same type of work, except 

(a) A filling station attendant who has no other occupation and 
who is employed as the only worker may be permitted to work 
fifty-two (52) hours in any seven (7) day period and not more than 
ten (10) hours in any one day. 

This Code establishes a minimum wage of twelve dollars ($12.00) 
per week for all employees, except 

(a) Executives shall be paid not less than thirty dollars ($30.00) 
\)in' vreek. 

(b) Chauffeurs and drivers shall be paid not less than fourteen 
dollars ($14.00) per week. 

(c) Watchmen who perform no other duties shall be paid not less 
than twenty cents (20(^) per hour. 

(d) Artisans shall be paid not less than forty cents (40<') per 
hour. 

(e) Artisans' helpers shall be paid not less than — 

1. First three (3) months, twenty-fiA^e cents (250) per hour. 

2. Over three (3) months, thirty cents (30^) per hour. 

(55) 



5G 

(f) Apprentices shall be paid not less than the following rates: 

1. First three (3) months, ten cents (100) per hour. 

2. Second three (3) months, fifteen cents (15^) per hour. 

3. Third three (3) months, twenty cents (20^) per hour. 

4. Fourth three (3) months, twenty-five cents (250) per hour, 

5. First six (6) months, second year, thirty cents (300) per 
hour. 

6. Second six (G) months, second year, thirty-five cents (350) 
per hour. 

(g) Beginners and learners engaged in clerical work, sales work 
(except outside salesmen and collectors) or as filling station attend- 
ants during the first three (3) months of employment shall be 
paid not less than ten dollars ($10.00) per week. 

(h) Outside salesmen, if on a salary basis, shall be paid not less 
than sixty dollars ($60.00) per month; and, if paid on a commission 
basis, shall be guaranteed a drawing account of not less than fifty 
dollars ($50.00) per month. 

Employees shall be paid not less than one and one-third (1%) 
times the regular hourly rate of v.^ages for all overtime work. 

ECONOMIC EFFECT OF THE CODE 

The proposed Code will effect a wage increase throughout the In- 
dustry of approximately thirty-five per cent (3'5%). It will also 
bring about a reduction in the hours of labor in the Industry of more 
than twenty per cent (20%) as compared with July 1, 1933. 

FINDINGS 

The Deputy Administrator for Hawaii, in a letter addressed to 
the National Industrial Recovery Board, has made a clear detailed 
report of the history of the Industry covered by this Code and of 
the conditions existing in that Industry at the present time. He has 
made lengthy and detailed findings of fact in regard to said Industry. 
The said report of the Deputy Administrator for Hawaii is sub- 
mitted herewith and is incorporated by reference into this report, and 
the National Industrial Recovery Board does hereby concur in and 
adopts the report submitted. 

For these reasons this Code has been approved. 

For the National Industrial Recovery Board: 

W. A. Harriman, 

Administrative Officer, 
March 26, 1935 



CODE OF FAIR COMPETITION FOR THE AVIIOLESALE 
AND RETAIL AUTOMOBILE SALES. SUPPLY, REPAIR, 
MAINTENANCE AND SERVICE INDUSTRY 



TEKRin.RY OF Hawaii 

AirncLE I — PunrosES 

To effectuate the policies of Title I of the National Industrial 
Recovery Act, this Code is established as a Code of Fair Competition 
for the Wholesale and Retail Automobile Sales, Supply, Repair, 
Maintenance and Service Industry of the Territory of Hawaii, and 
its provisions shall be the standards of fair competition for such 
Industry and be binding upon every member thereof. 

Article II — Defixitioxs 

Sectiox 1. The term "* Code '' as used herein means the Code of 
Fair Competition for this Industry. 

Sectiox 2. The term " Territory " as used herein means the Terri- 
tory of Hawaii. 

Sectiox 3. The term " Industry " as used herein means the whole- 
sale and retail automobile sales, supply, repair, maintenance and 
service Industry of the Territory of Hawaii. This definition does 
not include the manufacture of automobiles, parts, or tires, or the 
refining of petroleum. 

Sectiox' 4. The term '' Member of the Industry " as used herein 
means any person who wholesales or retails new and/or used auto- 
mobiles, parts, accessories, tires, batteries, or other replacement sup- 
l)lies therefor; or who rebuilds, assembles, renovates, repairs, paints 
or trims automobiles, or any part thereof; or who retails petroleum 
product or other supplies for use in automobiles; or who engages 
in the parking or storing of automobiles; or who in any other man- 
ner engages in any phase of the automobile industry.^ 

Sectiox 5. The term " person " as used herein means any indi- 
vidual, partnership, hui, corporation, trust, buying or selling club 
or association. 

Sectiox G. The term " hui " as used herein means an informally 
organized partnership. 

Sectiox' 7. The term ''Association " as used herein means " The 
Automobile Sales and Service Association of the Territory of 
Hawaii." 

Sectiox 8. The term " Member of the Association " as used herein 
means a person holding membership in the Automobile Sales and 
Service Association of the Territory of Hawaii. 

1 See paragraph 2 (1) of order approving this Code. 

(57) 



58 

Section 9. The term "Automobile " as used herein means automo- 
biles, including passenger cars, trucks, busses and other commercial 
automotive vehicles, for use on the highways, excluding tractors and 
motor cycles. 

Section 10. The term '* County " as used herein means the City 
and County of Honolulu and/or the other counties of the Territory 
of Hawaii, as defined in Section 1575 of the Revised Laws of Hawaii 
1925. 

Section 11. The term " Executive " as used herein means one 
who, either for himself or for an employer, is engaged primarily in 
supervising employees. 

Section 12. The term '" employee " as used herein includes any 
and all persons engaged in the Industry, however compensated, ex- 
cept a member of the Industry. 

Section 13. The term '" employer " as used herein includes anj'one 
by whom such employee is compensated or emploj-ed. 

Section 14. The term '' Part-time employee " as used herein means 
a person emploj-ed in any classification of the Industry less than the 
maximum hours of employment permitted in such classification. 

Section 15. The term " Impartial Agent " as used herein means a 
confidential agent designated by a Code Authority or the Xational 
Industrial Recovery Board to serve as its agent in making investiga- 
tions and reports. 

Section 16. The terms " President ", "Act ", and " Board " as used 
herein, mean respectively, the President of the United States, Title 
I of the National Industrial Recovery Act, and the Xational Indus- 
trial Recovery Board. 

Article III — Houes 

Section 1. Members of the Industry shall not knowingly permit 
any employee to work for any time which, when added to the time 
spent at work for another employer or employers, exceeds the maxi- 
mum permitted herein. 

Section 2. The weekly wages of all employees receiving more 
than the minimum wages prescribed in this Article shall not be re- 
duced from the rates existing on July 15, 1933, notwithstanding any 
reduction in the number of Avorking hours of such employees. 

Section 3. No employer shall permit an employee to work more 
hours per day or per week than hereinafter provided, except in any 
emergency, and all such emergency work in excess of the prescribed 
hours shall be considered overtime. 

The following are recognized as holidays : New Year''s Day. "Wash- 
ington's Birthday, Memorial Day, Kamehameha Day, Fourth of 
July, Labor Day, Thanksgiving Day and Christmas, or the days offi- 
cially designated for the observance thereof. 

(a) No employee, except day watchmen, night watchmen and 
garage floormen, may be permitted to work on holidays, except (1) 
filling station employees may be permitted to work not more than 
four (4) hours on such days, and (2) emergency repair work involv- 
ing breakdowns or protection of life or property may be permitted, 
providing that such emergency labor performed on the above holi- 
days by any employee, shall be considered overtime. 



59 

Sectiox 4. No employee shall he pennited to work in excess of 
forty-four (44) hours in any seven- (7) day period, nor in excess of 
eight (8) hours in any twenty-four (•^4) hour period, except as 
follows : 

(a) There shall be no ruaxiuuun hours for executives, outside sales- 
men and/or collectors. 

(b) Watchmen who perform no other duties shall not be per- 
mitted to work more than fiftj^-six (56) hours in any seven (7) day 
period, and thirteen (13) days in any fourteen (14) day period. 

(c) The maximum hours for sales employees, except outside sales- 
men and collectors, watchmen, who perform other duties, fillino; sta- 
tion attendants (iias, oil, battery, tire, wash and lubrication service), 
pirao-e fioormen, janitors, chauffeurs, and drivers shall be forty-eight 
(48) hours per week. 

Sectiox 5. No proprietor, employer, executive, or other employee 
shall work at productive labor more hours per day or per week than 
is permitted under this Code for any employee in the same type of 
work, except as follows : 

(a) A filling station attendant who has no other occupation and 
who is employed as the only worker in a filling station which is not 
operated by, attached to or under the supervision of any other busi- 
ness or department of business, may be permitted to work fifty-two 
(52) hours in any seven (7) days period, but not more than ten (10) 
hours in any one day. 

(b) The hours of such employment may be divided among any 
number of si')lit shifts, provided that the total working time plus 
the intervals between shall not exceed fifteen (15) hours in any one 
working day ; and further provided that the intervals between shifts 
shall in no case be less than two (2) hours each. 

(c) A schedule of hours at which service is available in such filling 
station shall be posted in a conspicuous place on the premises, and 
such schedule shall be approved by the Territorial Code Authority 
and the Board prior to its adoption. 

Article IV — Wages 

Section 1. On and after the effective date the minimum wage 
which shall be paid by any employer to any employee engaged in the 
Industry shall be Twelve Dollars ($12) per week, except as follows: 

(a) Executives shall be paid not less than Thirty Dollars ($30) 
per week. 

(b) Chauffeurs and drivers shall be paid not less than Fourteen 
Dollars ($14) per week. 

(c) Watchmen who perform no other duties shall be paid not less 
than twenty cents (200) per hour. 

(d) Artisans (mechanics, machinists, electricians, painters, trim- 
mers, carpenters, radiatormen, tinsmiths and blacksmiths) shall be 
paid not less than forty cents (400) per hour. 

(e) Artisans' helpers shall be paid at not less than the following 
rates : 



(1) first three months, 250 per hour 

(2) over three months, 300 per hour 



124363° 1G03— 117 35 2 



60 

(f) Apprentices, (Mechanical Department) shall be paid not less 
than the following rates: 

(1) First three months, 100 per hour 

(2) Second three months, 15^ per hour 

(3) Third three months, 20^ per hour 
^4) Fourth three months, 25(i' per hour 

(5) First six months, 2nd j^ear. 30f per hour 

(6) Second six months, 2nd year, 350 per hour 

(g) Beginners and learners engaged in clerical work, sales work 
(except outside salesmen and collectors) or as filling station attend- 
ants, during the first three months of employment shall be paid not 
less than Ten Dollars ($10) per week. 

(h) Outside salesmen and collectors, if on a salary basis, shall be 
paid not less than Sixty Dollars ($60) per month; and if paid on a 
commission basis shall be guaranteed a drawing account of not less 
than Fifty Dollars ($50) per month. 

Section 2. Employees shall be paid not less than one and one- 
third (IV3) times the regular hourly rate of wages for all overtime 
workecl. The regular hourly rate for any employee whose wage is 
paid on a weekly basis shall be the quotient of such employee's weekly 
w^age divided by the number of hours regularly worked by such 
employee. 

Section 3. No deduction shall be made from the compensation of 
any employee who is paid on other than an hourly basis because of 
his absence from work in the observance of any of the hereinbefore 
mentioned holidays. 

Section 4. Part-time employees shall be paid not less than the 
proper proportion of the wage specified for full time in the classifi- 
cations in which they work. 

Article V — General Labor and Other Provisions 

Section 1. (a) A person may be employed as an apprentice by 
any member of the Industry at a wage not less than the minimum 
wage prescribed in Section 1 (f ) of Article IV if such member shall 
have first obtained from an agency to be designated or established by 
the Secretary of Labor, a certificate permitting such person to be 
employed in conformity with a training program approved by such 
agency, until and unless such certificate is revoked. 

(b) The term "Apprentice " as used herein shall mean a person of 
at least sixteen (16) years of age who has entered into a written con- 
tract with an employer or an association of employers and which 
contract provides for at least two thousand (2,000) hours of reason- 
ably continuous employment for such person, and his participation 
in an approved program of training as hereinabove provided. 

Section 2. Demonstrators and necessary transportation for busi- 
ness purposes shall be furnished by the employer, without cost to the 
employee, or the employer shall make a reasonable allowance for such 
demonstrators and business transportation if the employee furnishes 
the same at his own expense. 

Section 3. Mechanical shops or departments may employ not more 
than one (1) artisan's helper for each two (2) qualified mechanics 
or artisans employed by such shop or department (except that when 



61 

such shop or department consists of only one (1) qualified mechanic 
or artisan, one (1) artisan's helper may be employed) ; and may em- 
ploy not more than one (1) person who is an apprentice for each two 
(2) (pialified mechanics or artisans employed by such shop or depart- 
ment. 

Sectiox 4. Paint shops or departments may employ not more than 
two (2) artisans' helpers for each artisan employed in such shop or 
department and may employ not more than two (2) persons who 
are apprentices for each artisan employed b}" such shop or depart- 
ment. 

Section 5. Beginners or learners in other than mechanical depart- 
ments shall be limited to not more than ten percent (10%) of the 
employed personnel in any such department, except that departments 
employing less than ten (10) workers may have one (1) such begin- 
ner or learner. 

Section 6. Emploj-ment records of apprentices shall be filed with 
the Territorial Code Authority. 

Section 7. Xo member of the Industry may be permitted to clas- 
sify either owners or employees as executives for the purpose of 
claiming exemption from the maximum hour provisions of this 
Code, except as follows : 

(a) Sales or service businesses or departments thereof shall not 
be permitted to classify as executives more than one (1) in each 
such business or department thereof, wherein are emploj'ed less than 
eight (8) employees; and no more than two (2) in organizations 
of from eight (8) to sixteen (16) and so on in the same ratio. 

In calculating the number of employed personnel part-time em- 
ployees must be considered only as their part-time employment is 
in proportion to full time, i. e., two (2) halftime employees would 
be counted as one (1) employee. 

Section 8. (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) Xo emploj^ee 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 9. Employers, as a condition of employment, shall not 
require the purchase of any merchandise or services by any employee ; 
but if such merchandise or service is purchased the employer shall 
have the right to make payroll deductions therefor, provided the 
written consent of the employee is obtained. 

Section 10. Every employer shall provide for the safety and 
health of employees during' the hours and at the places of their 
emplovment. Standards of safety and health shall be submitted 
by the Territorial Code Authority to the Board within three (3) 
months after the effective date of this Code. 



62 

Section 11. No person under eighteen (18) years of age shall be 
emplo3^ed in the Industry in hazardous occupations. Xo person 
under sixteen (16) years of age shall be employed in the Industry 
in any capacity. Any employer shall be deemed to have complied 
"with this provision as to age if he shall haA-e on file a certificate 
or permit, duly signed by the Authority in the Territory of Hawaii 
empowered to issue employment or age certificates showing that the 
emplo^'ee is of the required age. Within thirty (30) days after 
the approval of this Code the Territorial Code Authority shall 
furnish to the Board a list of hazardous occupations Avithin the 
meaning of this Section. 

Section 12. Employers when furnishing meals or lodging to em- 
ployees, shall not make more than a reasonable charge against the 
wage or salary of such employee therefor. The maximum amounts 
which may be so charged shall be determined by the Territorial 
Code Authority, subject to the approval of the Board, and upon 
approval of the Board the employer shall be permitted to make 
l)ayroll deductions therefor. No full-time employee, except an 
apprentice during the first year of his apprenticeship, shall be 
charged more than one-half of his wages for meals and lodging 
and in no event shall he be obligated to accept such perquisites 
in lieu of cash wages or be required to lodge or board with his 
employer as a condition of employment. 

Section 13. 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 14. All employers shall post and keep posted copies of 
the Labor provisions of this Code in conspicuous places accessible 
to all employees. Every member of the Industry shall comply with 
all regulations and rules relative to the posting of provisions of 
Codes of Fair Competition which may be prescribed from time to 
time by the Board. 

Section 15. Within three (3) months after the approval of this 
Code, the Territorial Code Authority shall investigate and report to 
the Board a proposed schedule of hours during which the members 
of the Industry shall carry on business. Upon approval by the 
Board, such schedule shall become a part of this Code for the Indus- 
try in the county concerned. 

Section 16. No provision in this Code shall supersede any Terri- 
torial or Federal law which imposes on employers more stringent 
requirements as to age of emj^loyees, 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 17. No employee shall be discharged, demoted, or other- 
wise discriminated against by reason of making complaint or giving 
evidence with respect to an alleged violation of any Code. 

Article VI — Organization, Poavers and Duties or the Code 

Authority 

Section 1. (a) Within sixty (60) days after the effective day of 
this Code there shall be constituted a Territorial Code Authority con- 
sisting of eight (8) members to be elected as follows: 



63 

Three (3) shall be elected by the members of the Association on 
the Island of Oahu; 

One (1) shall be elected by the members of the Association on the 
Island of Maui ; 

One (1) shall be elected b}' the members of the Association on the 
Island of Kauai; 

One (1) shall be elected by the members of the Association on the 
Island of Hawaii; and 

Two (2) shall be elected by members of the Industry, not members 
of the Association, or failing such election, such members shall be 
appointed by the Board from a list submitted by non-members of the 
Association, or, if such a list is not submitted, the Board shall 
appoint from members of the Industry who are not members of the 
Association, such members of the Territorial Code Authority. 

The election shall be held at a meeting or meetings called by the 
Temporary Territorial Code Authority, upon ten (10) days' notice 
sent by registered mail to all known members of the Industry who 
may vote, either in person, by proxy or by mail, each member of the 
Inclustry being entitled to one vote. The members of the Terri- 
torial Code Authority first elected shall serve until their successors 
are elected. During such sixty (60) day period, until such Terri- 
torial Code Authority has been so constituted, the Committee of the 
group or association s])onsoring this Code shall constitute the Tem- 
porary Territorial Code Authority. 

(b) Where a vacancy occurs in the membership of the Territorial 
Code Authority, such vacancy shall be filled by the majority vote of 
the remaining Code Authority members, provided that such vacancy 
is filled by a representative from the same group as was the vacating 
member. 

(c) In addition to the membership as above provided, there may 
be one (1) member, without vote, and without expense to the In- 
dustry, to be known as the Administration member, to be appointed 
by the Board, to serve for such term as it may specify. 

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

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

Section 4. Nothing contained in this Code shall constitute the 
members of the Territorial Code Authority partners for any pur- 
pose. Nor shall any member of the Territorial Code Authority be 
liable in any manner to anyone for any act of any other member, 
officer, agent or employee of the Territorial Code Authority. Nor 



64 

shall any member of the Territorial Code Authority, exercising rea- 
sonable 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. 

Sectiox 5. If the Board shall at any time determine that any 
action of the Territorial 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 
investigation of the merits of such action and further consideration 
by such Territorial 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 inten- 
tion to proceed with such action in its original or modified form. 

Section 6. (a) Subordinate to the Territorial Code Authority 
established in Section 1 of this Article, there shall be constituted 
County Code Authorities for those counties of the Territory, where 
in the opinion of the Board, the Territorial Code Authority will 
require assistance of a regional group in its duties of investigation, 
fact-finding, education and research. Members of the County Code 
Authorities shall be elected in a manner satisfactory to the Board, 
by the Industry at large, in the county v.'here they are to serve and 
shall be truly representative of the Industry in that county. 

(b) In addition to membership on the County Code Authority as 
above provided, there may be one (1) member, without vote, and 
without expense to the Industry, to be known as the Administration 
member, to be appointed by the Board to serve for such term as it 
ma}^ specify. 

Section 7. Powers and Duties. — Subject to such rules and regula- 
tions as may be issued b}^ the Board, the Territorial Code Authority 
shall have the following powers and duties, in addition to those 
authorized by other j^rovisions of the 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. 

{h) To adopt by-laws and rules and regulations for its procedure. 

{c) To obtain from members of the Industrj^ such information 
and reports as are required for the administration of the Code. In 
addition to information required to be submitted to the Territorial 
Code Authority, members of the Industry 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 Territorial agencies as it may designate; provided that 
nothing in this Code shall relieve any member of the Industry of 
an}^ existing obligations to furnish reports to any government agency. 
No individual reports shall be disclosed to any other member of the 
Industry or any other party except to such other governmental 
agencies as may be directed b_v 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 Territorial 
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. 



65 

(o) To make recommondations to the Board for the coordination 
of the administration of this Code and such other Codes, if any, as 
may l>e related to or effect members of the Industry. 

(f) To cause to be formulated methods of cost finding and ac- 
countinp: capable of use by all members of the Industry, and to sub- 
mit such methods to the Board for review. If approved by the 
Board, full information concerning such methods shall be made 
available to all members of the Industry. Thereafter, each member 
of the Industry shall utilize such methods to the extent found practi- 
cable. Nothing herein contained shall be construed to permit the 
Territorial Code Authority, any agent thereof, or any member of 
the Industry to suggest uniform additions, percentages or differen- 
tials or other uniform items of cost which are designed to bring about 
arbitrary uniformity of costs or prices. 

(g) (1) It being found necessary in order to support the adminis- 
tration of this Code and to maintain the standards of fair competi- 
tion established hereunder and to effectuate the policy of the Act, the 
Territorial Code Authority is authorized : 

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

(b) To submit to the Board for its approval, subject to such 
notice and opportunity to be heard as it may deem necessary, (1) 
an itemized budget of its estimated expenses for the foregoing 
purposes and (2) an equitable basis upon which the funds neces- 
sary 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 Board, to determine and obtain equitable con- 
tribution as above set forth by all members of the Industry, 
and to that end, if necessary, to institute legal proceedings 
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 Territorial 
Code Authority, 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 contrib- 
uting to the expenses of its administration as hereinabove provided 
(unless duly exempted from making such contribution), shall he 
entitled to participate in the selection of members of the Territorial 
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 Territorial Code Authority shall neither incur nor pay 
any obligation substantially in excess of the amount thereof as 
estimated in its approved budget; and shall in no event exceed the 
total amount contained in the approved budget, except upon approval 
of the Board ; and no subsequent budget shall contain any deficiency 
item for expenditures in excess of prior budget estimates except 
those which the Board shall have so approved. 

(h) To recommend to the Board any action or measures deemed 
advisable, including further fair trade practice provisions to govern 



66 

members of the Industry in their relations with each other or with 
other industries; measures for industrial planning, and stabiliza- 
tion of employment ; and including modifications of this Code which 
shall become effective as part hereof upon approval by the Board 
after such notice and hearing as it may specify. 

(i) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
Codes as may be related to the Industry for the purpose of formu- 
lating fair trade practices to govern the relationships between em- 
ployers under this Code and 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, 

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

Section 8. Each member of the Industry shall keep accurate and 
complete records of its transactions in the Industry whenever such 
records may be required under any of the provisions of this Code, 
and shall furnish accurate reports based upon such records concern- 
ing any of such activities when required by the Territorial Code 
Authority or the Board. If the Territorial Code Authority or the 
Board shall determine that substantial doubt exists as to the accu- 
racy of any such report, so much of the pertinent books, records and 
papers of such member as may be required for the verification of 
such report may be examined by an impartial agency, agreed upon 
between the Territorial Code Authority and such member, or, in the 
absence of agreement, appointed by the Board. In no case shall the 
facts disclosed b}' such examination be made available in identifi- 
able form to any competitor, whether on the Territorial Code Au- 
thority or otherwise, or be given any other publication, except such 
as may be required for the proper administration or enforcement of 
the provisions of this Code. 

Article VII — Trade Practices 

Section 1. Inaccurate Advertising. — Xo 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, 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. 

Section 2. False Billing. — No member of the Industry shall 
knowingly withhold from or insert in any quotation or invoice any 
statement that makes it inaccurate in any material particular. 

Section 3. Inaccurate Labelling. — Xo member of the Industry 
shall brand or mark or pack any goods in any manner which is in- 
tended 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. 

Section 4, Defamation. — No member of the Industry shall defame 
a competitor by falsely imputing to him dishonorable conduct, in- 



67 

ability to perform contracts, questionable credit standing, or by other 
false representation, or by falsely disparaging the grade or quality 
of his goods. 

Section 5. Threats of Law Suits. — No member of the Industry 
shall publish or circulate unjustified or unwarranted threats of legal 
proceedings which tend to or have the effect of harassing competitors 
or intimidating their customers. 

Section 6. Secret Rebates. — No member of the Industry shall 
secretly offer or make any payment or allowance of a rebate, refund, 
connnission credit, unearned discount or excess allowance, whether in 
the form of money or otherwise, nor shall a member of the Industry 
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 inlluencing a sale. 

Section 7. Bribing Em.'ployees. — No member of the Industry shall 
give, permit to be given, or offer to give, anything of value for the 
purpose of influencing or rewarding the action of an}'- 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. 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. 

Section 8. Inducing Breach of Contract. — No member of the In- 
dustry shall wilfully induce or attempt to induce the breach of exist- 
ing contracts between competitors and their customers by any false 
or deceptive means, or interfere with or obstruct the performance of 
any such contractual duties or services by such means, with the pur- 
pose and effect of hampering, injuring, or embarrassing competitors 
in their business. 

Section 9. Selling on Consignment. — Within sixty (GO) days after 
the effective date of this Code the Territorial Code Authority shall 
submit to the Board the conditions, if any, under which selling on 
consignment shall be prohibited. Upon approval by the Board of 
such conditions, selling on consignment under such conditions, shall 
be a violation of this Code. 

Section 10. Coercion. — No member of the Industry shall require 
that the purchase or lease of any goods be prerequisite to the pur- 
chase or lease of any other goods. 

Section 11. Sales of Demonstrators.- — No vehicle shall be classed 
as a '' demonstrator " for the purpose of selling below tlie filed price 
of new vehicles of the same make and class until it has had 3,500 
miles of actual road usage, or until the manufacturer has made public 
announcement of a change in model in the particular make and class 
of tlie vehicle concerned. Vehicles sold to employees for use in their 
employer's business as demonstrators or executives' cars, and cars 
used as demonstrators by members of the Industry, must be so reg- 
istered with the County Code Authority wathin whose jurisdiction 
the vehicle is habitually used. Failure so to register shall constitute 
an unfair trade practice. 

Section 12. Failure to Keep Record. — Failure to keep records 
required by subsection 7 (c) and Section 8 of Article VI of this 



68 

Code, or to present such records for inspection as therein required, 
constitutes an unfair trade practice. 

Section 13. Misuse of Buying Power. — No member of the In- 
dustry shall extend to an employee or any other person the advan- 
tage of his buying power; or grant or offer to grant to any person 
the advantage of another person's buying power, whereby any seller 
of merchandise or service might be deprived of his legitimate profit. 

Section 14. Lotteries, Prizes^ Etc. — No member of the Industry 
shall employ any lotteiy, prize, wheel of fortune, or other game of 
chance in connection with the sale of any merchandise or service. 

Section 15. Absorbing Taxes. — No member of the Industry shall 
absorb, or offer to absorb, any Territorial or Federal tax intended 
to be paid by the consumer. 

Section 1G. Coupon Boohs and Scrip. — No member of the In- 
dustry shall sell or redeem coupons or scrip of any nature at a dis- 
count in connection with the sale of any merchandise or service. 

Section 17. False Claim of Membership in Trade Association. — 
No member of the Industry shall claim, by advertisement or other- 
wise, that he is a member of a trade association, when he is not in 
fact a member thereof. 

Article VIII - — Open Price Filing, Emergency, and Accounting 

Provisions 

Section 1. Open Price. — (a) Each member of the Industry shall 
file with a confidential and disinterested agent of the Territorial Code 
Authority or, if none, then with such an agent designated by the 
Board, identified lists of all of his prices, discounts, rebates, allow- 
ances 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 sliall contain the price terms for all 
such products of the Industry as shall be designated by the Code 
Authority. Said price terms shall in the first instance be filed within 
sixt}' (GU) 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, 
f^aid agent shall by telegrapli or other equally prompt means notify 
said member of the time of such receipt. Such lists and revisions, 
with the efl'ective 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 Territorial Code Authority 
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 of the Industry and their 
customers, as aforesaid : provided, that prices filed in the first in- 
stance shall not be released until the expiration of the aforesaid 



" Stayed — See paragraph 2 (3) of order approving this Code. 



C9 

sixty (60) daj" 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 rec- 
ords except upon written consent of the Board. Upon request the 
Territorial Code Authority shall furnish to the Board or an^' duly 
designated agent of the Board copies of any such lists or revisions of 
price terms. 

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

(c) 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, 

(d) Xo meml>er of the Industry shall enter into any agreement, 
imderstanding, combination or conspiracy to fix or maintain price 
terms, nor cause or attempt to cause any member of the Industry to 
change his price terms by the use of intimidation, coercion, or any 
other influence inconsistent with the maintenance of the free and 
open market which it is the purpose of this Article to create. 

Section 2. Costs and Price Cutting. — The standards of fair com- 
])etition 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- 
])etition and is forbidden. Any member of the Industr}^ or of any 
other Industry or the customers of either may at any time complain 
to the Code Authority that any filed price constitutes unfair compe- 
tition as destructive price cutting, imperiling small enterprises or 
tending toward monopoly or the impairment or code wages and 
Avorking conditions. The Territorial Code Authority shall within 
five (5) days afford an opportunity to the member filing the price 
to answer such complaint and shall within fourteen (14) days make 
a ruling or adjustment thereon. If such ruling is not concurred in 
by either party to the complaint, all papers shall be referred to the 
Research and Planning Division of the National Recovery Adminis- 
tration which shall render a report and recommendation thereon to 
the Board. 

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

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

Section 3. Emergency Provisions. — (a) If the Board, after inves- 
tigation 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 wdthin the Industry for a limited period is neces- 
sary to mitigate the conditions constituting such emergency and 
to effectuate the purposes of the Act, the Territorial Code Authority 



70 

may cause an impartial agency to investigate costs and to recommend 
to the Board a determination of the stated minimum price of the 
product affected by the emergency and thereupon the Board may 
proceed to determine such stated minimum price. 

(b) When the Board shall have determined such stated minimum 
price for a specified product for a stated period, which price shall 
be reasonably calculated to mitigate the conditions of such emer- 
gency and to effectuate the purposes of the National Industrial 
Ilecovery 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 Territorial Code Authority may recommend review or 
reconsideration or the Board may cause any determinations here- 
under to be reviewed or reconsidered and appropriate action taken. 

Article IX — Export Trade 

No provision of this Code relating to prices or terms of selling, 
shipping, or marketing, shall apply to export trade or sales or ship- 
ments for export trade. '' Export Trade " shall be defined as in 
the Export Trade Act adopted April 10, 1918. 

Article X — ^Iodificatiox 

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 
Board, be modified or eliminated in such manner as may be indicated 
by the needs of the public, by changes in circumstances, or by exper- 
ience. All the provisions of this Code, unless so modified or elimi- 
nated, shall remain in effect until June 16, 1935. 

Article XI — ISIoNoroLiES, Etc. 

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

xiRTiCLE XII — Price Increases 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult of corisumnuition 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. 



71 

Artici-E XIII — Ei'i'ECTivE Date 

This Code shall become effective thirty (30) clays after the date 
of approval thereof.^ 

Approved Co;le No. 556. 
Registry No. 1724-41. 



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

o 



Approved Code No. 557 
CODE OF FAIR COMPETITION 

FOR THE 

BOWLING AND BILLIARD EQUIPMENT INDUSTRY 

AND TRADE 

As Approved on March 30, 1935 



ORDER 



Code of Fair Competition for the Bowt^ing and Billiard Equip- 
ment Industry and 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 appi'oval of a Code of 
Fair Competition for the Bowling and Billiard Equipment Industry 
and Trade, 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. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said Code com- 
plies in all respects with the pertinent provisions and will promote 
the policy and purposes of said Title of said Act; and does hereby 
order that said Code of Fair Competition be and it is hereby 
approved. 

National Industrial Recovery Board, 
By W. A. Harriman, Adviinist7'ative Offtcer. 

Approval recommended : 

John W. Upp, 

Acting Divisioji Administrator. 

Washington, D. C, 

March 30, 1935. 

Xlo-jli" 1T49-S 35 (73) 



REPORT TO THE PRESIDENT 

The President, 

Tlie White House. 

Sir : The Public Hearing on the Code of Fair Competition for the 
Bowling and Billiard Equipment Industry and Trade of the United 
States, submitted by the Bowling and Billiard Equipment Associa- 
tion, 111 West Washington Street, Chicago, Illinois, was conducted 
in Washington, D. C, on the 17th day of November, 1933, in accord- 
ance with the provisions of the National Industrial Recovery Act. 
The Association claims to represent 80 percent, by volume, of the 
Industry. 

The hours established under the Code are forty-eight (48) per 
week and eight (8) per day, provided that at least one and one-third 
times an employee's normal rate of pay is paid for all hours worked 
in excess of forty (40) per week. 

Exceptions are allowed for watchmen, who may be employed 
fifty-six (56) hours per week; firemen and outside deliverjanen, who 
may be emploj'ed forty-four (44) hours per week; employees en- 
gaged in installation, repair or erection work, who ninj be employed 
forty-eight (48) hours per week for a period not to exceed twelve 
weeks during any calendar year; executives and managers receiving 
not less than thirty-five dollars ($35.00) per week, and outside sales- 
men. 

Due to the shortening of hours the increase in employment will 
be appro?vimately sixteen percent. 

The minimum wages established under this Code are forty cents 
(40^) per hour. Office employees shall receive a minimum of fifteen 
clollars ($15.00) per week. Wages throughout the industry will be 
increased approximately' 20.5 percent through the adoption of the 
Code. 

Exceptions to the minimum wage are allowed to employees en- 
gaged in wrapping, labeling, packing or off-bearing operations, who 
shall receive at least thirty-five cents (35c) per hour. An exception 
is also allowed to office boys and office girls under twenty-one years 
of age who shall receive at least thirteen dollars ($13.00) per week 
and shall not exceed five percent of a member's office and clerical 
emploj'Ces or one in number, whicheA^er is the higher. Exceptions 
are also allowed to handicapped persons vrhose earning capacity is 
limited, provided the employer obtains a certificate authorizing such 
employment from the State authority designated by the United 
States Department of Labor. 

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

I 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 

(74) 



75 

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 oi in- 
dustry for the purpose of cooperative action among trade groups, by 
inducing and maintaining united action of labor and management 
under adequate governmental sanctions and supervision, by elimi- 
nating unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of industries, by avoid- 
ing undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing and 
relieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating industry. 

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

(c) The Code as approved complies in all respects with the 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; and that the applicant asso- 
ciation is a trade association truly representative of the aforesaid 
Industry and 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. 

This Industry has cooperated in a most satisfactory manner with 
the Administration in the preparation of this Code. From the 
evidence adduced during this hearing and from recommendations 
and reports of the various Advisory Boards, it is believed that this 
Code in its present form represents an effective, practical, equitable 
solution for this Industry and for these reasons this Code has been 
approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Adininistrative Officer. 

March 30, 1935. 



CODE OF FAIK COMPETITION FOR THE BOWLING AND 
BILLIARD EQUIPMENT INDUSTRY AND TRADE 

Article I — Purposes 

To effect the policies of Title I of the National Industrial Re- 
covery Act, this Code is established as a Code of Fair Competition 
for the Bowling and Billiard Equipment Industry and Trade and its 
provisions shall be the standards of fair competition for such In- 
dustry and Trade and shall be binding upon every member thereof. 

Article II — Definitions 

Section 1. The term " Bowling and Billiard Equipment Industry 
and Trade " or " Industry " as used herein includes the manufactur- 
ing, building, repairing, installing, selling and/or distributing at 
wholesale and/or retail by the manufacturer, wholesaler, and/or 
retailer of the equipment, accessories and/or supplies used in the 
games of bowling and billiards as defined hereinafter and such 
branches or subdivisions thereof as may from time to time be in- 
cluded under the provisions of this Code. The term shall not in- 
clude sub-retailers, as defined in Section 7 of this Article. 

Section 2. The term " Equipment " as used herein consists of a 
unit installation to the consumer of new bowling alley and/or bil- 
liard tables of any description, together with all necessary accessories 
or supplies purchased as a part of that sale, such as balls, bowling 
pins, billiard cues, racks, chalk, as used in bowling and billiards. 

Section 3. The term " supplies " as used herein consists of such 
accessories as are mentioned in Section 2 of this Article, together 
with repair materials such as cloth, pockets and trimmings, and 
cushions, sold after the original installation to persons and/or insti- 
tutions already possessing bowling alleys and/or billiard tables. 

Section 4. The term " manufacturer " as used herein is a person 
who operates a factory, shop or fabricating establishment converting 
raw or semi-fi-nished materials into finished or semi-finished bowling 
and/or billiard equipment supplies. 

Section 5. The term ''" wholesaler " as used herein is a person ac- 
tively engaged in buying, assembling, or re-handling bowling and/or 
billiard equipment and supplies from manufacturers thereof or from 
other wholesalers and retailers and who maintains risks and such 
other obligations as are incident to the transportation and distribu- 
tion of bowling and/or billiard equipment and supplies at wholesale. 

Section 6. The term " retailer " as used herein is one who main- 
tains a place of business with storage and handling facilities, a sales 
organization for the consumer trade and who carries a stock adapted 
to the normal needs of the consumer in his sales territory. 

Section 7. The term " sub-retailer " as used herein is any person 
not engaged as a bowling alley owner or operator, or billiard-room 

(76) 



77 

keeper, nor an emploj^ee of either but one who purchases bowling 
and/or billiard supplies for resale, but who does not provide the fa- 
cilities of a retailer or carry a stock of merchandise and therefore 
does not qualify as a " retailer " within the definition of Section 6 
of this Article 

Section 8. The term " member of the industry " or " member " in- 
cludes anyone engaged in the industry as above defined, either as 
an employer or on his own or its own behalf. 

Section 9. The term " employee " as used herein, includes anyone 
engaged in the industry in any capacity receiving compensation for 
his services irrespective of the nature or method of payment for such 
compensation, except a member of the Industry. 

Section 10. The term " employer " as used herein, includes anyone 
by w^hom any such employee is compensated or employed. 

Section 11. The terms "' President ", ''Act " and " Board " as used 
herein, shall mean respectively the President of the United States, 
the National Industrial llecovery Act, and the National Industrial 
Recovery Board. 

Article III — Hours 

Section 1. No employee, except as hereinafter provided, shall be 
permitted to v/ork in excess of forty (40) hours in any one week 
unless such employee is paid at least one and one-third times his 
normal rate of pay for all hours worked in excess of forty (40) per 
week, but in no event shall any such employee be permitted to work 
in excess of forty-eight (48) hours in any one week, nor more than 
eight (8) hours in any one day, nor more than six (6) days in any 
seven-day period. 

Section 2. No employee engaged in office or clerical work shall be 
permitted to work in excess of forty (40) hours in any one week, nor 
more than eight (8) hours in any twenty-four (24) hour period. 

Section 3. No watchman shall be permitted to work in excess of 
fifty-six (56) hours in any one week, nor more than six days in any 
seven day period. 

Section 4. No fireman nor outside delivery man shall be permitted 
to work in excess of forty-four (44) hours in any one week. 

Section 5. No employee engaged in installation, repair or erection 
work shall be permitted to work in excess of forty (40) hours in any 
one week, except that for twelve (12) weeks during any calendar 
year these employees may be permitted to work not to exceed forty- 
eight (48) hours in any one week. 

Section 6. The provisions of this Article shall not apply to em- 
ployees engaged in an executive or managerial capacity who receive 
not less than thirty-five dollars ($35.00) per week, nor to outside 
salesmen. 

Section T. The maximum hours fixed by the foregoing sections 
shall not apply to any employee on emergency maintenance or emer- 
gency rei^air work involving breakdowns or protection of life or 
property, but in any such special case, at least one and one-half 
times his normal rate of compensation shall be paid for all hours 
worked in excess of forty (40) hours per week. 

Section 8. No employer shall knowingly permit any employee to 
work for any time which, when added to the time spent at work for 



78 

another employer or emploj^ers in this industry, exceeds the maxi- 
mum permitted herein. 

Section 9. Employers who personally perform manual labor or are 
engaged in mechanical operations shall not work in excess of the 
prescribed maximum number of hours. 

Article IV — AVages 

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

Section 2, No employee engaged in wrapping, labeling, packing, 
or off -bearing operations shall be paid less than at the rate of thirty- 
five (35) cents per hour. 

Section 3. No clerical or office employee, except office boys and 
office girls under 21 years of age, shall be paid at a rate less than 
fifteen dollars ($15.00) per week. No office boy or office girl under 21 
years of age shall be paid less than at the rate of thirteen dollars 
($13.00) per week and the total number of such employees receiving 
less than $15.00 per week may not be more than one in number or 
five percent (5%) of the total number of such member's office and 
clerical employees, whichever is higher. 

Section 4. This Article establishes a minimum rate of pay which 
shall apply, irrespective of vfhether an employee is actually com- 
pensated on time rate, piecework performance or other basis. 

Section 5. No hourly, daily or full-time weekly compensation for 
employees shall be less than such compensation existing as of June 
16, 1933, and no employee shall be paid a wage rate which will yield 
a less wage for the shorter full-time week herein established than he 
could have earned for same class of work for the longer full-time 
week existing as of June 16, 1933. Wage increases established under 
the President's Reemployment Agreement shall at least be main- 
tained. In no event shall hourly rates of pay be reduced, irrespec- 
tive of whether compensation is actually paid on an hourly, weekly 
or other basis, nor shall any wages be at less than the minimum rates 
provided herein. Within thirty days after the effective date of this 
Code each member of the industry shall submit to the Code Au- 
thority a detailed report concerning such adjustment and the Code 
Authority shall report same to the National Industrial Recovery 
Board. 

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

Section 7. 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, desig- 
nated by the United S*> i;es 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 employed by him, 
showing the wages paid to, and the maximum hours of work for all 
euch employees. 



79 

Section 8. Watjcs shall be paid only in cash or by negotiable 
checks, pa3'able on demand. 

ARTirxE V — General Labor Provisions 

Section 1. No person under sixteen (16) years of age shall be 
employed in this industry. No person under eighteen (18) years 
of age shall he employed at operations or occupations which are 
hazardous in nature or detrimental to health. 

The Code Authority shall submit to the Board within sixty (60) 
days after the effective date of this Code a list of such operations 
or occupations. In any state an employer shall be deemed to have 
complied with these provisions 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 certificates or permits show- 
ing that the employee is of the required age. 

Section 2. Employees shall have the rio-ht to organize and bar- 
gain collectively through representatives ot 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 protec- 
tion. 

Section 3. No employee and no one seeking employment shall be 
required as a condition of employment to join any company union 
or to refrain from joining, organizing, or assisting a labor organiza- 
tion of his own choosing. 

Section 4. Emploj^ers shall complj^ with the maximum hours of 
labor, minimum rat«s of pay and other conditions of employment 
approved or prescribed by the President. 

Section 5. 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 6. Every employer shall provide for the safet}^ and health 
of employees during the hours and at the places of their employ- 
ment. Standards for safety and health shall be submitted by the 
Code Authoritj?- to the Board within three months after the effective 
date of the Code. 

Section 7. No provision in this Code shall supersede any State 
or Federal law which imposes on employers more stringent require- 
ments as to age of employees, wages, hours of work, or as to safety, 
health, sanitary or general working conditions, or insurance, or fire 
protection, than are imposed by this Code. 

Section 8. All emploj^ers shall post and keep posted copies of this 
Code in conspicuous places accessible to all employees. Every mem- 
ber of the industry shall comply with all rules and regulations rela- 
tive to the posting of provisions of Codes of Fair Competition which 
may from time to time be prescribed by the Board. 

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 any Code. 



so 

Article VI — Organization, Powers and Duties or the Code 

Authority 

organization and constitution 

Section 1. A Code Authority is hereby established to cooperate 
with the Board in the Administration of this Code and shall con- 
sist of five (5) members, or such other number as may be approved 
from time to time by the Board, to be chosen by the Industry 
through a fair method of selection, under a plan approved by the 
Board. The Board in its discretion may appoint not more than 
three (3) additional members without vote, to serve for such period 
of time and to represent the Board or such group or groups as it 
may designate. Each industry member of the Code Authority shall 
be from a different member of the Industry. Industry members of 
the Code Authority shall serve for one year, or until their succes- 
sors are elected. 

Section 2. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Cocle Author- 
ity shall impose no inequitable restrictions on membership, and 
shall 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 
purposes of the Act. 

Section 3. In order that the Code Authority shall at all times be 
truly representative of the industry and in other respects comply 
with the provisions of the Act. the 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 4. Nothing contained in this Code shall constitute the 
members of the Code Authority partners for any purpose. Nor shall 
any member of the Code Authority be liable in any manner to anyone 
for any act of any other member, officer, agent or employee of the 
Code Authority. Nor shall any member of the Code Authority, exer- 
cising reasonable diligence in the conduct of his duties hereunder, be 
liable to anyone for any action or omission to act under this Code 
except for his own willful mal-feasance or non-feasance. 

Section 5. If the Board shall determine that any action of a Code 
Authority or any agency thereof may be unfair or unjust or contrary 
to the public interest, the Board may require that such action be sus- 
pended to afford an opportunity for investigation of the merits of 
such action and further consideration by such Code Authority or 
agency pending final action which shall not be effective unless the 
Board approves or unless it shall fail to disapprove after thirty (30) 
days' notice to it of intention to proceed with such action in its 
original or modified form. 



81 



PO AVERS AND DUTIES 



Section 6. Subject to such rules and regulations as may be issued 
b}' the Board, the Code Authority shall have the following powers 
and duties, in addition to tliose authorized bv other provisions of this 
Code. 

(a) To administer the provisions of this Code, to provide for com- 
pliance of the Industry with the provisions of the Act and of this 
Code, and to propose and submit to the Board on behalf of the Indus- 
try, modifications, amendments and/or exceptions to this Code, which 
shall become a part hereof upon ajjproval by the Board after such 
notice and hearing as it shall specify. 

(b) To adopt by-laws and rules and regulations for its procedure 
and for the administration and enforcement of the Code. 

(c) To obtain from members of the industry such information 
and reports as are required for the administration of the Code, which 
information and reports shall be collected by a confidential and dis- 
interested agency of the Code Authority. 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 Board may deem necessary for the purposes recited in 
Section 3 (a) of the Act to such Federal and State agencies as he may 
designate ; provided that nothing in this Code shall relieve any mem- 
ber of the industry of any existing obligations to furnish reports to 
any Government agency. No individual report shall be disclosed to 
any other member of the industry or any other party except to such 
other Governmental agencies as may be directed by the Board. 

(d) To use such trade associations and other agencies as it deems 
proper for the carrying out of any of its activities provided for 
herein, provided that nothing herein shall relieve the Code Authority 
of its duties or responsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 
with the provisions hereof. 

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

(f) 1. It being found necessary in order to support the administra- 
tion of this code and to maintain the standards of fair competition 
established 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 j^urposes, and to meet such obligations out 
of funds which may be raised as hereinafter provided and which 
shall be held in trust for the purposes of the Code ; 

(b) To submit to the Board for its approval, subject to such 
notice and oi^portunity 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 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. 



82 

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 Board. Only members of 
the industry complying v\'ith the Code and contributing to the ex- 
penses of its administration as hereinabove provided, unless duly 
exempted from making such ?^ntributions 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 iieither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the Board; 
and no subsecjuent budget shall contain any deficiency item for 
expenditures 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 industry in their relations with each other or with 
other industries; measures for industrial planning, and stabiliza- 
tion of employment ; and including modifications of this Code which 
shall become effective as part hereof 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 ma}' be related to the industrj^ for the purposes of formulat- 
ing fair trade practices to govern the relationships between employ- 
ers under this code and under such other codes to the end that such 
fair trade practices may be proposed to the Board as amendments 
to this code and such other codes. 

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

Article VII — Unfair Trade Practices 

The following practices enumerated in this Article VII shall 
constitute unfair methods of competition for all members of the 
industry and are prohibited. In addition thereto the provisions 
listed in Schedule A, attached hereto and made a part of this Code, 
shall apply in addition to the provisions of this Article VII, re- 
spectively, to the following Division of the Industry: 

Schedule A shall apply to Retail members only. 

Section 1. No member of the Industry shall falsely mark or brand 
any product of the Industry in any manner which has the tendency 
to mislead or deceive customers or prospective customers, whether 
as to grade, quality, quantity, substance, character, nature, origin, 
size, finish or preparation of any jDroduct of the Industry, or other- 
wise. 

Section 2. No member of the Industry shall publish advertising 
(whether printed, radio, displa}'^ 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 



83 

limitation its use, trade mark, ^rade, qualit3\ qiiantitj^, origin, size, 
substance, character, nature, finish, material content or preparation) 
or credit terms, vajjiies, policies, services, or the nature or form of 
the business conducted. 

Section 3. 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 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. Com- 
mercial bribery provisions shall not be construed to prohibit free and 
general distribution of articles commonly used for advertising except 
so far as such articles are actually used for commercial bribery as 
hereinabove defined. 

Section 4. Xo member of the Industry shall wilfully induce or 
attempt to induce the breach of an existing oral or written contract 
between a competitor and his customer or source of supply, or inter- 
fere with or obstruct the performance of any such contractual duties 
or services. 

Section 5. No member of the Industry shall secretly offer or make 
any pa3'ment or allowance of a rebate, refund, commission, credit, 
unearned discount or excess allowance, whether in the form of 
mone}' or otherwise, nor shall a member of the Industry offer or 
extend to any customer smy special service or privilege not extended 
to all customers of the same class, for the purpose of influencing 
a sale. 

Section 6. No member of the Industry shall defame competitors 
b}^ falsely imputing to them dishonorable conduct, inability to per- 
form contracts, questionable credit standing, or by other false repre- 
sentations or by the false disparagement of the grade or quality of 
their goods. 

Section 7. No member of the Industry shall publish or circulate 
unjustified or unwarranted threats of legal proceedings which tend 
to or have the effect of harassing competitors or intimidating their 
customers. Failure to prosecute in due course shall be evidence that 
any such threat is unwarranted or unjustified. 

Section 8. No member of the Industry shall secure information 
from a competitor concerning his business by a false or misleading 
statement or representation, by a false impersonation of one in author- 
ity, or by bribery or by other unfair method, or secret means where 
the effect may be to hinder or stifle competition. 

Section 9. No member of this Industry shall fail to make proper 
invoices at time of shipment and such invoices, together with credit 
memoranda and all other documents relating to the sale, shall clearly 
and accurately state all of the essential elements of the sale, including 
types and sizes of products, quantities, prices, credit terms, discount, 
allowances, date of order, date of shipment, and other pertinent 
information. 

Section 10. No member of this Industry shall post-date or pre- 
date quotations, orders, invoices, statements or other sales documents. 

Section 11. No member of the Industry shall group various items 
in lots for which the price is below the aggregate list price of such 
items when considered separately. 



84 

Section 12. No member of the Industry shall offer or give prizes, 
premiums, or gifts in connection with the sale of products, or as an 
inducement thereto, either directly or indirectly by any scheme which 
involves lottery, misrepresentation or fraud. This section 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. 

Article VIII — Export Trade 

No provision of this Code relating to prices or terms of selling, 
shipping or marketing, shall apply to export trade or sales or ship- 
ments for export trade. " Export Trade " shall be as defined in the 
Export Trade Act adopted April 10, 1918. 

Article IX — ISIodification 

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 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 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 

Whereas the policy of the Act to increase real purchasing power 
will be made more difficult of consummation if prices of goods or 
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 — Effectia^ Date 

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

Approved Code No. 557. 
Registry No. 1657-06. 



SCHEDULE A 

Additional provisions which shall apply to Retail members of the Industry 
only. 

Article I — Open Pbice 

Section 1. Each member of the Industry shall file with a confidential and 
disinterested agent of the Code Authority or, if none, then with such an agent 
designated by the Board, identified lists of all his prices, discounts, rebates, 
allowances, and all other terms or conditions of sale, hereinafter in this Article 
referred to as " price terais " which lists shall completely and accurately con- 
form to and represent the individual pricing practices of said member. Such 
lists shall contain the price terms for all such standard products of the Industry 
as are sold or offered for sale by said member and for such non-standard prod- 
ucts of said member as shall be designated by the Code Authority. Said price 
terms shall in the first instance be filed within thirty (30) days after the date 
of approval of this provision. Pi'ice 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, to- 
gether vrith 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 thex-efor and have offered to defray the cost ac- 
tually incurred by the Code Authority in the preparation and distribution 
thereof and be available for inspection by any of their customers at the otBce of 
such agent. Said lists or revisions or any part thereof shall not be made 
available to any person until released to all members of the Industry and their 
customers, as aforesaid ; provided, that prices filed in the first instance shall 
not be released until the expiration of the aforesaid thirty (30) day period after 
the approval of this Code. The Code Authority shall maintain a permanent 
file of all price terms filed as herein provided, and shall not destroy any 
part of such records except upon written consent of the Board. Upon request 
the Code Authority shall furnish to the Board or any duly designated agent of 
the Board copies of any such lists or revisions of price terms. 

Section 2. When any member of the Industry has tiled any revision, 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 
and/or 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. 

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

Article II — Terms 

Section 1. No terms of payment Q,ha\l be more liberal than five percent 
(5%) fifteen (15) days, two percent (2%) tenth of the following month, except 
that bowling pins and bowling alley and billiard table repair work sold during 
the months of June. July, or August may be subject to payment in installments 
of one-third on or before October 10th, one-third on or before November 10th, 
and the balance on or before December 10th, subject to a five percent (5%) 
discount if paid on or before the due date of each payment, but subject to 
six percent (6%) interest after maturity of each payment. 

(85) 

o 



■^ 






AMENDMENTS 



135637—35- 



Approved Code No. 172 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RAYON AND SILK DYEING AND PRINTING 

INDUSTRY 

As Approved on March 6, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Raton and Silk Dyeing and Printing 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, ajjproved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Rayon and Silk Dyeing 
and Printing Indiistr}', and an opportunity to be heard thereon 
having been given 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 herebj^ 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 : 
Prentiss L. Coonley, 

Divisio7i Administrator. 
Washington, D. C. 
March 6, 1935. 

(87) 



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 Rayon and Silk Dj-eing and Printing Industry, 
approved December 21, 1933. Notice of Opportunity to be Heard 
on this amendment was published on January 29, 1935; no objections 
were received within the twenty day period ending February 18, 
1935. The amendment, which is attached, was presented by duly 
qualified 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. 

The amendment is new Section 8 an addition to Article VI of the 
Code of Fair Competition for the Rayon and Silk Dyeing and Print- 
ing Industry and is the standard clause providing for non-partner- 
ship and non-liability of Code Authority members. 

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

The National Industrial Recovery Board finds that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the 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 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 
required), by increasing the consumption of industrial and agri- 
cultural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving the stand>'rds 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. 

(88) 



89 

(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. 
March 6, 1935. 



AMENDMENT TO CODE OF FAIK COMPETITION FOR 
THE RAYON AND SILK DYEING AND PRINTING IN- 
DUSTRY 

Amend Article VI by the addition of a new Section No. 8 to 
read as follows: 

" 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 anyone 
for any act of any other member, officer, agent or employee of the 
Code Authority. Nor shall any member of the Code Authority, 
exercising reasonable diligence in the conduct of his duties here- 
under, be liable to anyone for any action or omission to act under 
this Code except for his own wilful malfeasance, misfeasance or 
non-feasance." 

Approved Code No. 172 — ^Amendment No. 2. 
Registry No. 230-07. 

(90) 



Approved Code No. 51 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

UMBRELLA MANUFACTURING INDUSTRY 

As Approved on March 6, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Umbrella 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 Umbrella Manufactur- 
ing Industry, and a notice of opportunity to be heard being issued 
simultaneously with this recommendation, 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, 
b}' 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, such approval and such amend- 
ment 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 Recovery 
Board issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrati've Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C., 

March 6, 1935. 

(91) 



REPORT TO THE PRESIDENT 

The President, 

The White Bouse. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Umbrella Industry. 

Article VII was amended b}' deleting Section 4 and substituting 
therefor a new Section which provides for the collection of assess- 
ments by the Code Authority. 

An opportunity to be heard was afforded all interested parties 
and no objections were received by the National Industrial Recovery 
Board. The National Industrial Recovery Board has carefully con- 
sidered the reports of the Industrial Advisory Board, Labor Ad- 
visory Board, Consumers' Advisory Board, Research and Planning 
Division and the Legal Division of the National Recovery Adminis- 
tration which were made on this amendment. 

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 co-operative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation subsection (a) of Section 3, subsection (a) of Section 7 and 
subsection (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) 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. 

(92) 



93 

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

For the above reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Adrrdnistrative Ojficer, 
March 6, 1935. 



(*«) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
UMBRELLA MANUFACTURING INDUSTRY 

The following is to be substituted for Article VII, Section 4, of 
the Code of Fair Competition for the Umbrella Manufacturing 
Industry: 

4. It being found necessary in order to support the administration 
of this Code and to maintain the standards of fair competition 
established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized : 

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

(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary (1) an itemized budget of its estimated expenses 
for the foregoing jpurposes, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of the Industry; 

(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine and 
obtain equitable contributions as above set forth by all members of 
the Industry, and to that end, if necessary, to institute legal pro- 
ceedings 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 Author- 
it}^, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the National Industrial Re- 
covery Board. Only members of the Industry complying with the 
Code and contributing to the expenses of its administration as here- 
inabove provided, (unless duly exempted from making such contri- 
bution) 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. 

(e) 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 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 or expenditures in excess of prior budget 
estimates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 51 — Amendmeut No. 3. 
Registry No. 1661-1-01. 

(W) 



Approved Code No. 303 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORDAGE AND TWINE INDUSTRY 

As Approved on March 7, 1935 



ORDER 



AppRO^^NG Amendment of Code of Fair Competition fob the 
Cordage and Twine 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 Cordage and Twine In- 
dustry, and an opportunity to be heard having been duly afforded 
thereon and the annexed report on said Amendment, containing find- 
ings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, 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 in- 
clude an approval of said Code in its entirety as amended. 

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

Apj)roval recommended : 
RoBT. N. Campbell, 

Acting Division Administrator. 

Washington. D. C, 

March 7, 1935. 

(95) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act, for amendment to the Code of Fair Competition for the Cord- 
age and Twine Industry, submitted by the Code Authority for said 
Industry. 

The purpose of the amendment is: 

1. To delete Schedule "A" in its entirety from the Code of Fair 
Competition for the Cordage and Twine Industry. 

The effects of the deletion of said Schedule "A" are : 

1. To eliminate the fair trade practice provisions contained in 
Schedule "A" in order that the members of the Cordage and Wrap- 
ping Twine Industry Division may more equitably meet the com- 
petition offered by the Philippine cordage and twine importers and 
the competition offered by the prison labor made cordage and twine. 

2. To eliminate fair trade practices which have been found to be 
impractical. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said amendment to said Code 
having found as herein set forth and on the basis of all the pro- 
ceedinos in this matter: 

The' Board finds that: 

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

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

(96) 



97 

(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 tlie 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, said amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Officer. 
March 7, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
CORDAGE AND TWINE INDUSTRY 

Amend the Code of Fair Competition for the Cordage and Twine 
Industry by deleting Schedule "A" in its entirety. 

Approved Code No. 303 — Amendment No. 1, 
Registry No. 219-1-01. 

(98) 



Approved Code No. 118 — Amendment No. 9 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COTTON GARMENT INDUSTRY 

As Approved on March 7, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Cotton Garment 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 Cotton Garment 
Industry, and an opportunity to be heard having been afforded 
thereon and the annexed report on said amendment containing find- 
ings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, the National Industrial Recovery Board 
pursuant to authority vested in it by Executive Orders of the 
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 Recoitirt Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Prentiss L. Coonlet, 

Division Administrator. 
Washington, D. C, 

March 7, 1935. 

(99) 



REPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir : An application has been made by the Cotton Garment Code 
Authorit^y, on behalf of the Association of Cotton Garment & 
Sleeping Garment Manufacturers for the deletion of Section 46, 
Schedule H of Article XIX of the Code of Fair Competition for 
the Cotton Garment Industry. 

On January 19. 1935 a Notice of Opportunity to be Heard was 
published requesting that any criticisms of, objections to or sug- 
gestions concerning said Amendment be submitted prior to Friday, 
February 8, 1935. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said Amendment 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 adequate Governmental sanction and supervision, by elim- 
inating unfair competitive practices, by promoting the fullest pos- 
sible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be 
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) The 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 Code empowers the Code Authority to present the afore- 
said Amendment on behalf of the aforementioned division of the 
industry. 

(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. 

(100) 



101 

(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 those reasons this Amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
March 7, 1935. 



135637—35- 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE COTTON GARMENT INDUSTRY 

Delete Section 46, Schedule H of Article XIX, which reads as 
follows : 

" No bonus or other consideration other than quantity discount at 
time of invoice may be granted in consideration of a specific volume 
of business. No allowance of free goods or consideration of any 
other nature whatsoever other than the quantity discount referred to 
above may be granted in exchange for volume of business." 

Approved Code No. 118 — Amendmeut No. 9. 
Registry No. 217-1-06. 

(102) 



Approved Code No. 84A — Amendment No. 2 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 

COMPETITION 

FOR THE 

METALLIC WALL STRUCTURE INDUSTRY 

As Approved on March 7, 1935 



ORDER 



Approving Amendmecnt of Supplementary Code of Fair Competi- 
tion FOR THE Metallic Wall Structure 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 Metallic Wall Structure Industry, and as contained in a pub- 
lished notice of opportunity to be heard and no objections having 
been filed and the annexed report on said amendment, containing 
findings vs^ith respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, includ- 
ing Executive Order No. 6859, dated September 27, 1934, and other- 
wise; does hereby incorporate, by reference, said annexed report 
and does find that said amendment and the Supplementary Code 
as constituted after being amended comply in all respects with the 
pertinent provisions and will promote the policy and purposes of 
said Title of said Act, and does hereby order that said amendment 
be and it is hereby approved, and that the previous approval of 
said Supplementary Code is hereby modified to include an approval 
of this Supplementary Code in its entirety as amended, such ap- 
proval 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 Na- 

(103) 



104 
tional Industtlal Recovery Board issues a subsequent order to that 

National Industrial, REC0\TaiY Board, 
ByW. A. Harriman, Administrative Officer. 

Approval recommended: 
John W. Upp, 

Acting Division Administrator. 

Washington, D. C, 

March 7, 1935. 



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 of the Supplementary Code of Fair Competition 
for the I^Ietallic Wall Structure Industry by the Supplementary 
Code Authority for that Industry. 

Article II, Section 1 is amended by inserting the words " and/or 
offer for sale " after the words " includes the manufacture and/or 
sale." 

FINDINGS 

The Deputy Administrator, in his final report to the National 
Industrial Recovery Board on said amendment of said Supple- 
mentary Code having found as herein set forth and on the basis 
of all the proceedings in this matter: 

It has been found that : 

(a) The amendment of said Supplementary Cod6 and the Supple- 
mentary Code as amended are well designed to promote the policies 
and purposes of Title I of the National Industrial Recovery Act 
including the removal of obstructions to the free flow of interstate 
and foreign commerce which tend to diminish the amount thereof, 
and will provide for the general welfare by promoting the organiza- 
tion of industry for the purpose of co-operative action of labor and 
management under adequate governmental sanction and supervision, 
by eliminating unfair competitive practices, by promoting the full- 
est possible utilization of the present productive capacity of indus- 
tries, 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, bj^ 
reducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry. 

(b) The Sup]Dlementary Code as amended complies in all respects 
Avith the pertinent provisions of said Title of said Act. including 
without limitation subsection (a) of Section 3, subsection (a) of 
Section 7 and subsection (b) of Section 10 thereof. 

(c) The amendment and the Supplementary Code as amended are 
not designed to and will not permit monopolies or monopolistic 
practices. 

(d) The amendment and the Supplementary Code as amended 
are not designed to and will not eliminate or o]3press small enter- 
prises and will not operate to discriminate against them. 

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

For these reasons the amendment has been approved. 
For the Xaticjnal Industrial Recovery Board : 

W. A. Harriman, 
A dm in Istvative Ojficer, 
March 7. 1935. 

(105) 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE METALLIC WALL STRUCTURE 
INDUSTRY 

A Drvisiox OF THE Fabricated Metal Products Manufacturing and 
Metal Finishing and Metal Coating Industry 

Article II, Section 1, second line, insert, following the words " in- 
cludes the manufacture and/or sale ", the words " and/or offer for 
sale ". 

Article II, Section 1, will then read as follows : 

" The term ' Metallic Wall Structure Industry ' as used herein in- 
cludes the manufacture and/or sale AND/OR OFFER FOR SALE 
of installations of metallic wall structures as defined hereinafter 
and/or the manufacture and/or sale by manufacturers of parts for 
use in such installations." 

Approved Code No. 84A — Amendment No. 2. 
Registry No. 1123-08. 

(106) 



Approved Code No. 130 — ^Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PRECIOUS JEWELRY PRODUCING INDUSTRY 

As Approved on March 7, 1935 



OKDER 



Approving Amendent of Code of Fair Competition for the 
Precious Jewelry Producing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for the Precious Jewelry Pro- 
ducing Industry, said amendment being to eliminate Subsection (c) 
of Section 1 of Schedule A of said Code, and hearings having been 
duly held thereon and the annexed report on said amendment, con- 
taining findings with respect thereto, having been made and directed 
to tliG PrGsidcnt * 

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 re- 
port and does find that said amendment and the Code as constituted 
after being amended comply in all respects with the pertinent pro- 
visions and will promote the policy and purposes of said Title of 
said Act, and does hereby order that said amendment be and it is 
hereby approved, and that the previous approval of said Code is 
hereby modified to include an approval of said Code in its entirety 
as amended. 

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

Approval recommended: 
John W. Upp, 

Acting Division Administrator. 

Washington, D. C, 

March 7, 1935. 

(107) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : A Public Hearing on the amendment to the Code of Fair Com- 
petition for the Precious Jewelry Producing Industry, submitted by 
the Schoenthaler-Green-EUbogen-Wood Committee, representing 57 
manufacturers of fraternity jewelry out of a possible 100 concerns 
manufacturing fraternity jewelry, was conducted in Washington on 
April 26, 1934, in accordance with the provisions of the National 
Industrial Recovery Act. 

The above concerns filed a petition with the Administration stating 
that sub-section (c) of Section 1 of Schedule A of the Code of Fair 
Competition for the Precious Jewelry Producing Industry was dis- 
criminatory in its effect upon the majority of concerns producing 
fraternity jewelry. Evidence was presented by all interested parties 
including representatives of many fraternities. 

It has been stated that the elimination of this clause would put the 
Administration on record as not sanctioning the contracts already 
existing, as the clause in its present form appears to offer even more 
protection than the contracts themselves. The validity or invalidity 
of these contracts is not the point at issue. 

The following facts have been developed : 

(1) Five hundred and thirty four (53i) contracts, which represent 
85 percent of the outstanding number of contracts, are held by one 
member of the Industry. 

(2) These contracts are executed by one concern and its subsidiaries. 

(3) This one firm is one of the very few firms interested in the 
retention of this clause in the Code. Other interested parties are 
the fraternities, representing the consumer interests in this matter, 
who see a way other than through ordinary legal proceedings of 
protecting the sale of their insignia. 

(4) The actual operation of this clause tends to extend monopoly 
rights beyond the period granted the owner of an original design 
by patent law and to extend to fraternities who hold contracts, priv- 
ileges which they cannot secure under present Patent Laws, 

(5) The absence of this clause in the Code does not abrogate out- 
standing contracts, nor permit interference wnth them. 

(6) There is no objection to the fraternities making contracts with 
a single manufacturer. There is, however, no logical reason for giv- 
ing the Code Authority the task of enforcing such contracts by re- 
quiring that they report a member of the industry for violation of 
the Code for manufacturing insignia, which, were it not for this pro- 
vision in the Code, he would have a legal right to do. 

(7) Our conclusion in this matter is that the injury possible to a 
large number of members of the industry far outweighs the good 
Clone for the fraternities by retaining this paragraph in the Code. 

(108) 



109 

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 of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of the industries, by avoiding undue 
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 group was and is an industrial group truly representative 
of the manufacturers operating under Schedule A of the Code for 
the Industry and that said group imposed and imposes no inequitable 
restrictions on admission to membership therein and has applied for 
this amendment, 

(d) The amendment and the Code as amended are not designed to 
and will not 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 amendments and modifications. 

For these reasons the amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Haeriman, 
Administrative Officer. 
Mabch 7, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
PRECIOUS JEWELRY PRODUCING INDUSTRY 



AMENDMENT 



Delete the following subsection (c), Section 1, Schedule A: 
"(c) Where a fraternity controls the manufacture and distribu- 
tion of its insignia under contract, it is an unfair trade practice for 
unauthorized persons to manufacture, solicit, or accept orders for 
such insignia." 



Approved Code No. 130 — Amendment No. 2. 
Registry No. 1215-06, 

(110) 



Approved Code No. 16 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HOSIERY INDUSTRY 

As Approved on March 8, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 

Hosiery 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 Hosiery Industry, and 
hearings having been duly held thereon and the annexed report on 
said amendment, containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise ; does hereby incorporate, 
by reference, said annexed report, and does find that said amendment 
and the Code as constituted after being amended comply in all 
respects with the pertinent provisions and will promote the 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 pervious 
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, 

Divisional Administrator. 



Washington, D. C, 

March 5, 1935. 



(Ill) 



REPORT TO THE PRESIDEXT 

The Presidext. 

The White House. 

Sir: This is a report on the Hearing covering the Amendment 
to the Code of Fair Competition for the Hosiery Industry, held in 
Room 3204, Department of Commerce Building, Washington, D. C, 
Friday March *j, 1934. (Afternoon session.) The Amendment, 
which is attached, was presented b}" a duly qualified and authorized 
representative of the Code Authority for the Hosiery Industry, com- 
plying with statutory requirements and being the Agency that is 
administering the Code, 

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

PROVISIONS OF THE AMEXD:NrEXT 

The amendment fixes the working hours and minimum wages of 
those employees previously excepted from the wage and hour pro- 
visions of the Code such as repair shop crews, engineers, electricians, 
etc. 

FINDINGS 

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

The National Industrial Recovery Board finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the 
purpose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving the standards of labor, and by 
otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 

(112) 



113 

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 those reasons this amendment has been approved. 
For the National Industrial Recover}- Board : 

W. A. Harriman. 

Administrative Offtcer. 
March 8, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE HOSIERY INDUSTRY 

Amend ARTICLE IV, by cancelling Sections 1, 2, 3, 4, and 6, 
and substituting therefor the following: 

1. No person in the Hosiery Industry shall employ any employee 
in productive operations in excess of forty (40) hours per week. 

2. (a) No person employed in clerical or office work shall be per- 
mitted to work in excess of forty (40) hours in any one (1) week, 
except that during six (6) weeks of the period beginning January 
1 and ending June 30 of an}- year, and during six (6) weeks of the 
period beginning Juh' 1 and ending December 31 of any year, such 
employees may be permitted to work not more than an additional 
eight (8) hours per week, provided that not less than one and one- 
half (1^) times the calculable hourly rate for such employees is 
paid for any and all such additional hours as may be worked. The 
"'' 'hourly rate " shall be calculated by dividing the weekly salary or 
wage of the employee by forty (40). 

(b) The provisions of this Article shall not apply to outside sales- 
men, or to persons employed in a supervisory, managerial or execu- 
tive capacity who regularly earn thirt3"-five dollars ($35.00) per 
week or more. 

(c) Persons employed in a supervisor}' capacity wholly engaged 
in non-productive work who regularly earn less than thirty-five 
dollars ($35.00) per week but not less than fifty cents ($0.50) per 
hour, also engineers, firemen, electricians, machinists, repair-shop 
men, shipping force, cleaners and outside workers shall not be per- 
mitted to work in excess of forty-four (44) hours in any one (1) 
week. 

(d) Watchmen shall not be permitted to work in excess of fifty- 
six (56) hours in any one (1) week, nor shall any watchmen be per- 
mitted to work in excess of six (6) days in any seven (7) day period. 

3. Employees when engaged in emergency maintenance and 
repair work, involving breakdowns or protection of life or property, 
may be permitted to work in excess of the maximum number of hours 
prescribed by this Code, provided that all such extra hours are 
compensated for at not less than one and one-half (IV2) times the 
regular or calculable hourly rate. In the case of an employee not 
paid regularly on an hourly basis, his hourly rate shall be calculated 
by dividing his weekly pay by the number hours he may work per 
weiek under the provisions of the Code. 

4. (a) Dyehouse workers may be employed in excess of forty 
(40) hours per week only to the extent necessary to finish a batch 
or to complete a continuous process, provided that all hours beyond 
forty (40) per week be compensated for at not less than one and 
one-half (IV2) times the regular or calculable hourly rate. The 
*' hourly rate " shall be calculated by dividing the weekly salary or 
wage by forty (40). 

(114) 



115 

(b) Machine fixers may be employed in excess of forty-four (44) 
hours per week only to the extent necessary to make machine 
repairs and machine changes, provided that all hours beyond nine 
(9) per day or forty-four (44) per week be paid for at not less 
than one and one-half (II/2) times the regular or calculable hourly 
rate. The " hourly rate " shall be calculated by dividing the weekly 
salary or wage by forty-four (44). 

6. The productive operations of a plant shall not exceed two (2) 
shifts of forty (40) hours each per week. The work week for pro- 
ductive operations shall not exceed five (5) days of eight (8) hours 
each. These days shall be Monday to Friday, inclusive, except in 
those states where the state laws operate to prevent the operation 
of two forty (40) hour shifts within the mentioned five (5) days. 
In such states, employers may operate one shift on Saturday, not 
to exceed six (6) hours ending at noon, provided that such employers 
utilize the maximum hours possible under state laws and under 
this Code in the preceding five (5) days, and provided further, 
that in no event shall total machine hours exceed eighty (80) hours 
in any one week in any plant. 

Amend ARTICLE V, Section 9, by cancelling the present Section 
9 and substituting therefor the following: 

9. The minimum wages of all employees not specified in Sections 
1 and 2 of this Article, on the basis of forty (40) hours' labor 
per week, shall be at the following rates : 

Engineers 

Electricians 

Machinists 

Repairshop men 

Skilled Dyehouse workers (including dyeing machine and 

kettle operators) 

OflSce workers 

Firemen 

Unskilled Dyehouse workers 

Shipping Force 

Watchmen 

Cleaners 

Outside workers 

All others 



North South 

$18. 00 $16. 25 



$13. 00 $12. 00 



Approved Code No. 16 — ^Amendment No. 5. 
Registry No. 241-02. 



r.;.: s 



Approved Code No. 84A2 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

LIQUID FUEL APPLIANCE MANUFACTURING 

INDUSTRY 

As Approved on March 8, 1935 



ORDER 



Approving Amendment of Code or Fair Competition for the 
Liquid Fuel Appliance Manufacturing Industry 

A division of the fabricated metal products manufacturing and 
metal finishing and metal coating industry 

An Application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the LIQUID FUEL 
APPLIANCE MANUFACTURING INDUSTRY, and a public 
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 : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

March 8, 1936. 

135637—35 4 (117) 



EEPOET TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : This is a report on the amendment to the Code of Fair Compe- 
tition for the Liquid Fuel Appliance Manufacturing Industry, 
approved September 24, 1934, as revised after a Public Hearing held 
m Washington on the 30th day of January, 1935, in accordance with 
the provisions of the National Industrial Recovery Act. 

The Code of Fair Competition for the Liquid Fuel Appliance 
Manufacturing Industry provides in Article VII, Paragraph 2, that 

" This Supplementary Code, except as to provisions required by 
the Act, may be modified and/or amended on the basis of experience 
or changes in circumstances, such modifications and/or amendments 
to be based upon application by tlie Agent of the Supplementary 
Code Authority or other representative group within the Industry 
to the Administrator, and such notice and hearing as he shall specify 
and to become effective as part of this Supplementary Code on ap- 
proval by the Administrator." 

This amendment provides that Rule L of Article V be deleted and 
that certain provisions be inserted in lieu thereof to provide for 
maximum Terms of Sale and Discount. Rule M is amended to make 
the provision against price decline to include the period of post- 
dating on items. 

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 ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by avoiding undue restriction of production (ex- 
cept as may be temporarily required), by increasing the consump- 
tion 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 limita- 

(118) 



119 

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 wliole. 

(d) The amenchnent 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. 
March 8, 1935. 



A^IENDMENT TO SUPPLEMENTAEY CODE OF FAIK 
COMPETITIOX FOR THE LIQUID FUEL APPLIANCE 
MANUFACTURING INDUSTRY 

a division of the fabricated metal products manufacturing and 
metal finishing and metal coating industry 

Purpose 

Pursuant to Article VII, Paragraph 2, of the Code of Fair Com- 
petition for the Liquid Fuel Appliance Manufacturing Industry, 
duly approved by the Administrator on September 24, 1934, and 
further to effectuate Title I of the National Industrial Recovery 
Act, the following amendment is established as a part of said Code 
of Fair Competition and shall be binding upon every member of the 
Liquid Fuel Appliance Manufacturing Industry. 

Amendment No. 1 

Delete all of Rule L of Article V and substitute the following : 

Rule L — " No member of the Industry shall grant to any 
purchaser more favorable terms than two (2) per cent for cash 
payment within ten (10) days from the end of the month in 
which the invoice is dated (10 days EOM), net sixty (60) days 
from date of invoice, and date of invoice shall not be subsequent 
to date of shipment with the following exceptions : 

" 1. Invoices covering shipments of cooking stoves and ranges, 

as covered by this Supplementary Code, made during the months 

of September to March inclusive, may carry a five (5) months' 

dating from date of shipment, but in no case may such deferred 

dating be extended beyond March 31st. 

" 2. Invoices covering shipments of lighting and heating devices, 

as covered by this Supplementary Code, made during the months of 

June to December inclusive, may carry a four (4) months' dating 

from date of shipment, but in no case may such deferred dating be 

extended beyond December 31st. 

" 3. Invoices covering shipments of camp stoves, irons and port- 
able gas plants, as covered by this Supplementary Code, made dur- 
ing the months of Januarv, Februarv, March, and April may be 
dated April 30th. 

" If sellers desire to permit anticipated cash discount payments 
on post-dated invoices, as referred to in Clauses 1, 2 and 3 above, 
they may do so at a rate not exceeding one-half (^) of one (1) per 
cent per month." 

(120) 



121 
Amendment No. 2 

Add to Rule M of Article V, after the word " shipment " the fol- 
lowing: 

" or to date of invoice on post-dated items, as covered in Rule L." 

Rule M, as amended, will read as follows : 

Rule M — " No member of the Industry shall give any guar- 
antee against decline in price, except as against the seller's own 
decline up to date of shipment, or to date of invoice on post- 
dated items, as covered in Rule L." 

Approved Code No. 84A2 — Amendment No. 1. 
Registry No. 1125-03. 



Approved Code No. 282 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RESTAURANT INDUSTRY 

As Approved on March 8, 1935 



ORDER 



AppRO^^[NG Amendment or Code of Fair Co^ipetition for the 
Restaurant Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act. approved June 16. 1933, for approval of an amendment 
to a Code of Fair Competition for the Restaurant Industry, and an 
opportunity to be heard having been duly afforded all interested 
parties, and the annexed report on said amendment, containing find- 
ings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said title of said act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby modified to 
include an approval of said Code in its entirety as amended. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Q-fJicer. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 



Washington, D. C, 

March 8, 1935. 



(123) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment to the approved Code 
of Fair Competition for the Restaurant Industry, number 282, which 
was approved by you on February 16, 1934. 

The Code Authority for the Restaurant Industry, in accordance 
with Subsection (d) of Section 1 of Article VIII of said code, 
has made application for the amendment thereof in the following 
respects : 

1. To provide for the raising of funds to enable the Code Author- 
ity to carry out its duties in administering the Code, by an equitable 
method of contribution. 

2. To relieve members of the Code Authority who exercise rea- 
sonable diligence in the conduct of their duties, from liability for 
any action taken in connection therewitli except for their own wilful 
malfeasance or non-feasance. 

3. To change the word "Administrator " Avherever it appears in 
the Code to the phrase " National Industrial Recovery Board ", with 
appropriate alterations in the pronouns referring thereto. 

In accordance with customary procedure, every interested person 
was afforded an opportunity to be heard on this amendment and all 
statutory and regulatory requirements have been complied with. 

riNDINGS 

The Deputy Administrator, in his final report to the National 
Industrial Recovery Board on said amendment to said Code, having 
found as herein set forth and on the basis of all the proceedings in 
this matter: 

The National Industrial Recovery Board finds that: 
(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and superivsion, 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 un- 
employment, by improving standards of labor, and by -^^^.herwise 
rehabilitating the Restaurant Industry. 

(124) 



125 

(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 
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. 

(g) Said amendment is necessary in order to support the admin- 
istration of this Code; to maintain standards of fair competition 
established by this Code, and to effectuate the policies of the Act. 

Said amendment was accordingly approved. 

For the National Industrial Kecovery Board : 

W. A. Harriman, 
Administrative Ojficer. 

Mabch 8, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RESTAURANT INDUSTRY 

Pursuant to Article VII, Section 1, Subsection (d), of the Code 
of Fair Competition for the Restaurant Industry, as approved by 
the President on February 16, 1934, and upon application therefore 
by the National Restaurant Code Authority, a group truly repre- 
sentative of the Industry, and in accordance with the provisions of 
Title I of the National Industrial Recovery Act, and in order to 
effectuate the policy of said Act, the following provisions are es- 
tablished as an amendment to said Code of Fair Competition for 
the Restaurant Industry for the establishment of fair trade prac- 
tices within the industry on and after the effective date hereof. 

Amendment to Code 

Amend Article VIII as follows : 

Add the following additional sections: 

Section 2. 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 
expense 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 obtam equitable contribution as above set forth by all such 
members of the Industry, and to that end, if necessarj^, to institute 
legal proceedings therefore in its own name. 

Section 3. Each member of the Industry shall pay his or its 
equitable contribution to the expenses of the maintenance of the 
Code Authority, determined as herein above provided, and subject 
to rules and regulations pertaining thereto issued by the National 
Industrial Recovery Board. Only members of the Industry com- 
plying with the Code and contributing to the expenses of its admin- 
istration as hereinabove provided, (unless duly exempted from mak- 
ing such contributions), shall be entitled to participate in the selec- 
tion of members of the Code Authority or to receive the benefits 

(126) 



127 

of any of its voluntary activities or to make use of any emblem or 
insignia of the National Recovery Administration. 

Section 4. The Code Authority shall neither incur nor pay any 
obligations 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 lor expenditures in excess of prior 
budget estimates except those which the National Industrial Recovery 
Board shall have so approved. 

Amend present Sections 2 and 4 to renumber as Sections 5 and 6 
respectively (old Section 3 having been heretofore deleted by 
Amendment 2, approved Dec. 19, 1934) . 

Add new subsection (h) to Section 1; 

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

Amend the Code as follows : 

Replace the word "Administrator ", wherever it appears through- 
out the Code of Fair Competition for the Restaurant Industry, with 
the words " National Industrial Recovery Board " and make the 
appropriate grammatical revisions necessitated by this change. 

Approved Code No. 282 — Amendment No. 3. 
Registry No. 1728-2-11. 



Approved Code No. 9 — Amendment No. 31 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRIES 

As Approved on March 11, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Lumber and Timber Products Industries 

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, 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 
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 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 entierty as amended. 

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

Approval recommended : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

March 11, 1935. 

(129) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : On August 19, 1933, you approved a Code of Fair Competition 
for the Lumber and Timber Products Industries. 

This is a report on Lumber Code Authority's Amendment No. 95, 
which has been published with a Notice of Opportunity to be Heard 
and sent to all interested parties. 

The Amendment corrects a duplication of jurisdiction between the 
Northern Pine Division and the Northern Hardwood Subdivision 
over hardwood lumber produced in Minnesota, by removing the State 
of Minnesota from the jurisdiction of the Northern Hardwood 
Subdivision. 

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 wel- 
fare by promoting the organization of industry for the purpose of 
cooperative action among trade groups, by including and maintaining 
vmited actin 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 pro- 
duction (except as may be temporarily required), by increasing the 
consumption of industrial and agricultural products through increas- 
ing purchasing power, by reducing and relieving unemployment, by 
improving 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 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. 
March 11, 1935. 

(130) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LUMBER AND TIMBER PRODUCTS INDUSTRIES 

AmejJdment No. 95 

" In Schedule 'A', Section 7, Northern Hardwood Subdivision, 
from the paragraph headed ' Subdivision ' strike out the last two 
words ' and Minnesota ', and insert between Michigan, Wisconsin, 
the word ' and '." 

Approved Code No. 9 — Amendment No. 31. 
Registry No. 313-1-06. 

(131) 



Approved Code No. 124 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOTION PICTURE INDUSTRY 

As Approved on March 11, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Motion Picitke 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, 19313, for approval of amend- 
ments to the Code of Fair Competition for the Motion Picture In- 
dustry, which amendments are annexed hereto, and hearings having 
been duly held thereon, and the Deputy Administrator having ren- 
dered his report containing an analysis of the said amendments, 
together with his findings and recommendations with respect thereto, 
which said report, recommendations and findings are annexed 
hereto : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
it)^ vested in it by Executive Orders of the President, including Ex- 
ecutive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby approve and adopt the said report, recommendations and 
findings, and does further 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 annexed amend- 
ments be and they are hereby approved, and that the previous 
approval of said Code is hereby modified to include an approval of 
said Code in its entirety as amended. 

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

Approval recommended : 
Sol a. Rosenblatt, 

Division Adimnistrator. 

Washington, D. C, 

March 11, 1935. 

1.35637— .".5 .- (133) 



REPORT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

National Industrial REC0^'ERT Board, 

National Recovery Administration^ 

Washi7igton, D. C. 

Gentlemen : This is a report on t"\velve proposed amendments to 
the Code of Fair Competition for the Motion Picture Industry. 
An application was duly made by the Code Authority on behalf of 
the Industry for approval of these amendments, and a public liear- 
ing was held on December 19, 1934, in the small ballroom of the 
Willard Hotel in Washington, D. C, after due notice of such 
hearing had been given. Every person who requested to be heard 
was given an opportunity to state his views in accordance with the 
requirements of the National Industrial Recover}^ Act. 

Various portions of the Code are proposed to be amended and 
the amendments are accordingly treated separately herein. 

I. The purpose of the amendment to Article I is to reduce the 
administrative difficulties. The number of members of the Indus- 
try in Hawaii and Puerto Rico is small, their problems are different 
from those in the Industry on the mainland and it is impracticable 
to administer the National Code there or form the Boards set up 
under the Code to settle the j^roblems that arise. A proposed Code 
is under consideration in both Hawaii and Puerto Rico and the 
Industry in those territories is best qualified to formulate a Code 
particularly designed to meet their peculiar requirements rather 
than have the provisions of this Code applicable to them. The 
amendment complies in all respects with the pertinent provisions of 
Title I of the National Industrial Recovery Act and will tend to 
effectuate the policies thereof. 

II. The purpose of the amendment adding Section 12 to Article 
IV, Division C. Part 1. is to deter attempts to frustrate the spirit 
and intent of the Code and the National Industrial Recovery Act. 
The Code, in certain of the labor provisions contained therein, pre- 
scribes maximum hours of employment and minimum rates of pay 
for the majority of the more than 300,000 employees of the Indus- 
try. Since the Code has been in effect, certain employers, in treat- 
ing with employees covered by Article IV. Division C. Part 1, have 
devised plans with the intent to defeat these provisions of the Code. 
Exhibitors have in some cases contracted with third parties, for the 
services of theatre employees, for the definite purpose of avoiding 
payment of Code wages or being bound by Code hours since they 
do not come in under the definition of members of that Industry 
and are not bound by the provisions of any other Codes. The third 
party, or independent contractor, who agreed to furnish persons to 
perform the services, in many instances refused to comply with the 
Code and actually worked his employees more hours and paid them 

(134) 



135 

less wages than provided in the Code. The amendment provides 
that Exhibitors who contract for such services in the future must 
require the contractor to agree in the contract to pay the wages 
and observe the hours set forth in the Code. This amendment ali'ects 
approximate!}' 75,000 employees engaged in this type of work, and 
will result in the empioj^ment of persons not now employed since 
additional persons will be required to perform services by reason 
of the curtailed working hours of those who are now performing 
such services without observance of Code provisions. The amend- 
ment will also add to the purchasing power of those emploj^ees who 
are now performing such services, since, in the majority of instances 
in wliich independent contractors have furnished the labor, less than 
Code wages have been paid as compensation. The amendment will 
also definiteh' tend to improve the standards of labor of this type 
of employee. 

III. The purpose of the amendment to Article IV, Division C, 
Part 2, Section 1, is to make a deletion for clarification purposes 
only. This amendment does not constitute a substantive change 
since the Code specifically limits the definition of " Presentation 
and Vaude-ville " to " Permanent and travelling companies of artists 
playing presentation and vaudeville houses ", but the definition in 
the Code continues by providing that such presentation and vaude- 
ville was not intended to include '' rep shows, tab shows, tent shows, 
wagon shows, truck shows, medicine shows and show boats." No 
difficulties have arisen Math regard to these exchided types of shows, 
nor is the amendment designed to include them within the Code at 
the present time. However, some presentation and vaudeville com- 
panies have adopted such names as "tab shows" or "show boats" 
and sought by such means to escape compliance with the Code. The 
employers of performers in these companies, who have sought by 
these means to defeat the purposes of the Code, are actually the 
" presentation and vaudeville companies " referred to and described 
in the Code provisions as they now exist. There is nowhere in 
existence specific definitions of the various terms used in describing 
the types of shows exempted from the Code provision except that 
the Code provision itself defines the terms "as these terms are un- 
derstood in the theatre." The definition resulted in considerable 
confusion and subterfuge. The Code as constituted after being 
amended by the deletion of these words covers no group that was 
not adequately represented before approval of the Code, since " Pres- 
entation and Vaudeville " is still defined by the Code as " Per- 
manent and travelling companies of artists playing presentation 
and vaudeville houses" and all such companies were intended to be 
covered by the Code and should be subject to it now. The amend- 
ment will improve the standards of labor of the employees in those 
shows in which the employer used one of the above mentioned terms 
to circumvent compliance with the Code, since the object in the 
use of such terms was to pay the employees less than the minimum 
wages and to require the performers to work more than the maximum 
hours provided in the Code. The amendment will also increase 
the purchasing power of the employees referred to above, and will 
tend to make necessary the employment of persons not now 
emploved. 



136 

IV. The amendment to Article IV. Division C, Part 2, Section 
3 (a), is for the purpose of more adequately providing compensation 
for principal performers in vaudeville and insuring to them a fair 
wage for rehearsal periods which extend beyond what is generally 
considered to be a reasonable time within which to perfect an act. 
The amendment provides for the payment to principals of one-half 
of the weekly wage of such principal for each week or part thereof 
that the rehearsal extends beyond two weeks. In numerous instances 
principals have been required to rehearse long or unreasonable pe- 
riods, and this amendment is designed to provide compensation for 
such principals in such instances. It is difficult to estimate the 
amount of increased wages that will result from the approval of this 
amendment because efforts will be made by employers to perfect and 
book acts within the two Aveeks period. However, there will be in- 
creased wages in some instances that will increase the purchasing 
power of those principals who are required to rehearse more than 
two weeks and who have heretofore not been compensated for such 
period, and the amendment will also improve the standards of labor 
of these persons. 

V. The amendment to Article IV, Division C, Part 2, Section 4 (a) 
(3), provides for the payment of $7.50 net in cash per day to per- 
formers employed on a per diem basis for each theatre in which such 
performer appears. The original Code provision for which this 
amendment is proposed as a substitute provided for a $7.50 per diem 
rate and was intended to accomplish the same result as the amend- 
ment, but it has been found that certain performers were thereafter 
3'equired by their employers to play in more than one theatre in a 
single day and that the Code provision as worded was not sufficiently 
clear to indicate this intention of the original provision. In a sub- 
sequent provision of the Code, applicable to principals, it is provided 
that " Owing to the peculiar nature of the stage presentation and 
vaudeville business and the conditions prevailing therein, the chang- 
ing nature of the entertaimnent " etc. " it is recognized that it is 
impossible to fix the maximum hours per week of artists appearing 
in such theatres." Since no maximum hours are fixed, the injustice, 
of permitting employers to require that principals appear in more 
than one theatre in one day and be compensated only the minimum 
rate, is apparent. The amendment will definitely improve the stand- 
ards of labor of the performers who are not required to perform in 
more than one theatre and will increase the purchasing power of 
those performers who may, after approval of the amendment, be 
required to perform in more than one theatre in the same day and 
who have heretofore not been compensated for such extra services. 

VI. The amendment to Article IV, Division C, Part 2, Section 
4 (b), which deletes the last sentence in the first paragraph and 
inserts in lieu thereof the proposed amended provision, provides 
that no chorus person shall be required to report for work before 
9 o'clock A. M. except on one day a week, on which day such a chorus 
person may be required to report at 8 A. M. The amendment pro- 
vides, however, that such chorus person shall receive one and one- 
half times his regular rate of pay for the time worked before 9 A. M. 
The original Code provision for which this amendment is proposed 
as a substitute made no exception to the requirement that no chorus 
person be required to report before 9 A. M. The exception provided 



137 

for herein does not increase the maximum number of hours that a 
chorus person may be reciuired to work but merely permits an 
employer to utilize the services of the enii)loyees at an hour earlier 
than A. ]M. on one day a Aveek. providinir that wages of time and 
a Indf are paid to .such employees for such period. The amendment 
is designed to provide adequate rehearsal time on the one day in 
a week on which the weekly show is changed and a new show is pre- 
sented. The period of time between 9 A. ]\1. and the opening hour 
has been fountl to be inadequate and the limitation of the Code pro- 
vision has worked a hardship in some instances. The amendment 
will remove this condition but at the same time provide for ade- 
quate compensation for the additional service, and will increase the 
purchasing power of chorus persons performing in presentation 
and vaudeville houses, since numerous persons of the Industry 
have indicated approval of and intention to utilize the services of 
chorus persons during the period provided. This will necessitate 
the payment for such chorus person of the extra compensation 
piovided for in the amendment. 

VII. The amendment to Article IV, Division C, Part 2. Section 
4 (b), which adds a paragraph immediately before subdivision I 
thereof, is an amendment to that portion of the Code which provides 
that a chorus person be released from work with pay one day out 
of every seven days. Lay-off periods were rare and uncertain be- 
fore the adoption of the Code and tiie original Code provision 
coupled with this amendment will definitely improve the standards 
of labor for chorus persons. The amendment permits an employer 
the option of following the original Code provision or providing 
one full week's lay-off with pay for chorus persons after six consecu- 
tive weeks of employment. The amendment also provides that if 
a chorus person receives less than six weeks employment, such chorus 
person shall be paid on the basis of eight days pay for each seven 
days work. The testimony adduced at the hearing showed that 
the practical operation of the original Code provision has resulted 
in some inefficiency since if the show continued, as it does in most 
instances, for a period of seven days, it w^as necessary to release 
chorus persons on alternate days which disrupted the routine, the 
relative positions of the chorus persons in the show for that week 
and made daily changes of position necessary. The amendment will 
correct this situation in that a person now may be laid off during 
the course of a whole week's show without disrupting the routine 
of the show. A protection for chorus persons is provided in that 
if the employer has elected this manner of providing lay-off t-* 
employees and the employment lasts less than a period of six weeks, 
the chorus person receives compensation in the form of an extra 
day's pay for each week of employment during which no period 
of rest was provided. 

VIII. The amendment to Article IV, Division C, Part 2, which 
deletes the present Section 4 (b) (6) and adds a new Section 4 (b) 
(6) , provides that if a chorus person is laid off because of irregularity 
of bookings after the first two weeks of consecutive employment, such 
person may be laid off for a period of seven days in any six weeks 
period without pay. The amendment further provides that if addi- 
tional lay-off is required, chorus person shall be paid for the period 
of such additional lay-off at the rate of $3.00 per day as long as 



138 

the lay-off continues. The original Code provision provided for 
the payment of $3.00 per day to chorus persons for each day of lay- 
off after the first two weeks of consecutive employment. It "has been 
found, however, from the experience of the operation of this provi- 
sion of the Code that short lay-offs from time to time are unavoid- 
able and that an undue hardship is worked on the employer if he 
is required to pay the rates now specified in the Code for each day 
of lay-off. It has been found also that seven days in a six weeks 
period is a reasonable amount of lay-off for chorus persons and this 
amendment so provides. The testimony adduced at the hearing 
indicates that this amendment will more equitably provide for 
compensation with respect to lay-off periods. 

IX: The amendment to Article IV, Division C, Part 2, which 
deletes the present Section 6 (b) and adds in lieu thereof a new 
Section 6 (b), provides that if an employer dispenses with the 
services of a chorus person, such chorus person shall be paid in 
cash the amount of the cost of his transportation, including sleeper 
and transportation of baggage, back to point of origin whether 
the chorus returns immediately or not. In a number of instances 
in the past, employers have taken a show and chorus on the road 
to different cities in the United States and if the show did not 
prove a success, it became the practice of employers, either because 
of insufficient finances or for other reasons, to dismiss the chorus 
persons on the road, and provide no arrangement for the transpor- 
tation of such chorus person back to the point of origin. This prac- 
tice frequently resulted in chorus persons being stranded without 
funds, sometimes great distances from their homes or point of pos- 
sible reemployment. The original Code provision, for which this 
amendment is proposed as a substitution, was couched in vague 
language and it was deemed advisable to more explicitly require that 
the chorus person be provided with means to return to the point of 
origin. The amendment will definitely tend to correct and eliminate 
a relief problem that has, in the past, come about in communities in 
which such persons have been stranded and will improve the 
standards of labor of chorus persons. 

X. The amendment to Article IV, Division C, Part 2, Sub-Section 
6, adds a new paragraph to be known as Paragraph C, and for the 
purpose of clarity provides that if a chorus person terminates his or 
her contract, the emploj^er is not required to provide transportation 
or sleeper back to the point of origin. The facts adduced at the 
hearing shows that this is a fair provision. 

XI and XII. The amendment to Article VI, Part 1, Section 7 (b) 
and the amendment to Article VI, Part 2. Section 7 (c), provide a 
longer period of time within which the Code Authority may make 
its determination of appeals. These two amendments are adminis- 
trative in nature and will facilitate the orderly processes of admin- 
istering the Code b}' providing a more reasonable time for the Code 
Authority to examine into the merits and pass upon matters which 
have been determined by the various Boards set up under the Code. 

I find in conclusion that all of the twelve amendments which are 
attached hereto were duly submitted by the Code Authority or 
assented to by that body in conformity with Article IX, Part 2, of the 
Code of Fair Competition for the Motion Picture Industry and that 
said amendments comply in all respects with the pertinent provisions 



139 

of Title I of the National Industrial Recovery Act, and that the 
amendments are well designed to promote and effectuate the policies 
set forth in Title I of the Act. The amendments and the Code as 
amended contain no provision designed to promote monopolistic 
practices or designed to either eliminate, oppress or discriminate 
against small enterprises. The effect of the amendments which may 
reasonably be anticipated is neither to remove nor increase restraints 
on competition and place no unreasonable burden upon either large 
or small enterprises. The amendments and the Code as amended will 
tend to induce and maintain united action of labor and management 
under adequate government supervision and will increase the oppor- 
tunity for harmonious relations, and will tend to reduce or eliminate 
strikes and other forms of controversies between labor and manage- 
ment. The amendments and the Code as amended will tend to elimi- 
nate unfair competitive practices between members of the Industry, 
and will increase purchasing power and will tend to reduce and 
relieve unemployment. 

I therefore recommend to the National Industrial Recovery Board 
the approval of the said amendments to the Code of Fair Competi- 
tion for the Motion Picture Industry. 
Respectfully, 

William P. Farnsworth, 

Deputy Administrator. 

Approved : 

Sol a. Rosenblatt, 

Division Administrator. 

Washington, D. C, 

March 4, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MOTION PICTURE INDUSTRY 

Amend Article I — Add the following new section to be known as 
Section 16 and to read as follows : 

" This Code shall apply only to the Continental United States, 
and to the Territory of Alaska." 

Amend Article IV, Division C, Part 1 — Add the following new 
section to be known as Section (12) and to read as follows: 

" No exhibitor shall enter into any agreement, directly or indi- 
rectly, for services of a kind usually and customarily performed by 
theatre employees directly compensated by exhibitors unless such 
agreement provides that no person actually engaged in rendering 
such services shall be employed at a lower scale of wages or for a 
greater number of hours than provided for in this Code ; provided, 
however, that this provision shall not apply if the agreement for 
services was entered into in writing prior to the effective date of this 
amendment." 

Amend Article IV, Division C, Part 2, Section 1 (a) — Delete the 
following : 

" * * * " rep " shows, " tab " shows, " tent " shows, " wagon " 
shows, " truck " shows, " medicine " shows, '' show boats " * * * " 

Amend Article IV, Division C, Part 2 — Delete the present Section 

3 (a) and insert in lieu thereof the following new Section 3 (a) : 

" In the event that the rehearsal period for principals extends 
more than two (2) weeks, each principal required to rehearse shall 
be paid one-half of the weekly wage for such principal for each week 
or part thereof that the rehearsal extends beyond two (2) weeks." 

Amend Article IV, Division C, Part 2 — Delete the present Section 

4 (a) (3) and insert in lieu thereof the following new Section 
4(a) (3): 

" The minimum wage of a performer employed on a ' per diem ■ 
basis and compensated in any manner shall be $7.50 net in cash per 
day for each theatre in which such a performer appears." 

Amend Article TV, Division C, Part 2, Section 4 (b) — Delete the 
last sentence of the first paragraph and insert in lieu thereof the 
following : 

" No chorus person shall be required to report at a theatre before 
nine o'clock A. M. except as hereinafter provided. A chorus person 
may be required to report at a theatre not earlier than eight o'clock 
A. 'M. on no more than one day in each week, provided such day is 
the day of opening of a new weekly program, and provided, further, 
that such chorus person shall be compensated for all such time prior 
to nine o'clock A. M. at not less than the rate of one and one-half 
times his regular hourly rate. In computing the amount to be paid 
as herein provided, the regular hourly rate at which such chorus 
person is employed shall be determined for this purpose by dividing 
the amount per week which he shall regularly be paid by forty." 

(140) 



141 

Amend Article IV, Division C, Part 2, Section 4 (b) — And the 
following paragraph immediately before sub-division (1) thereof: 

" In the event the Exhibitor or independent contractor in any 
theatre which maintains a resident chorus under weekly contract so 
elects and notifies such chorus, then instead of the above-mentioned 
lay-off period which provides that the chorus be given one day off 
per week with pay, the chorus person may be given one full week's 
lay-off with pay after six consecutive w^eeks of employment; pro- 
vided, however, that if a chorus person working in a theatre operat- 
ing under such policy receives less than six weeks' empiojanent, the 
chorus person shall be paid on a pro rata basis, which pro rata basis 
shall be computed upon a basis of eight days' pay for each seven days' 
work. Provided further, that when the chorus person is given one 
full week's lay-off with pay after six consecutive weeks of employ- 
ment the chorus person shall on request rehearse not more than ten 
hours during the week of lay-off, but shall not be requested to 
rehearse at all during the week prior to such lay-off." 

Amend Article IV, Division C, Part 2 — Delete the present Sec- 
tion 4 (b) (6), and insert in lieu thereof the following new Section 
4 (b) (6) : 

'* If a lay-off is required because of irregularity of bookings after 
the first two (2) weeks of consecutive employment, a chorus person 
may be laid off without pay seven (7) days in any six (6) weeks' 
period. Such lay-off may occur at any time after the first two weeks 
of consecutive employment. If additional lay-off is required, the 
chorus person shall be paid for the period of si: eh additional lay-off 
at the rate of Three Dollars ($3.00) per day us long as the lay-off 
continues.*' 

Amend Article IV, Division C, Part 2 — Delete the present Section 
6 (b) and insert in lieu thereof the following new Section 6 (b) : 

'• If individual notice of contract termination is given by the 
employer, the chorus person shall be paid in cash the amount of the 
cost of his or her transportation (including sleeper and the cost of 
transportation of his or her baggage) back to the point of origin 
whether the chorus returns immediately or not." 

Amend Article IV, Division C, Part 2, Section 6 — Add the follow- 
ing new paragraph to be known as Paragraph (c) : 

'' If an individual noticQ of contract termination is given by the 
chorus person, the emplo^'er is not required to provide transportation 
or sleeper." 

xVmend Article VI, Part 1, Section 7 (b) — Add after the word 
"Appeal '" in the seventh line therof. the following: " unless the Code 
Authority shall extend the time to render its decision, which exten- 
sion shall in no event exceed thirty (30) days." 

Amend Article VI, Part 2, Section 7 (c) — Add the following: 
" unless the Code Authority shall extend the time to render its 
decision, which extension shall in no event exceed thirty (30) days." 

Approved Code No. 124 — Amendment No. 4. 
Registry No. 1639-03. 



Approved Code No. 216 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

POWDER PUFF INDUSTRY 

As Approved on March 11, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Powder Puff Industry 

An application having been dulj^ made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for the approval of an 
amendment to a Code of Fair Competition for the Powder Puff 
Industry, and an opportunity to be heard having been duly afforded 
all interested parties and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to 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 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 : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

March 11, 1935. 

(143) 



EEPORT TO THE PRESIDENT 

The Prp:sident, 

The White House. 

Sir : This is a report on an amendment to the Code of Fair Compe- 
tition for the Powder Puff Industry, 

Article VI was amended by adding subsection (k) of Section 7 to 
provide for the inspection of records by the Code Authority. 

An opportunity to be heard was afforded all intere^ted parties and 
no objections have been received by the National Industrial Recovery 
Board. The National Industrial Recovery Board has also carefully 
considered the reports of the Industrial Advisory Board, Labor 
Advisory Board, Consumers' Advisory Board, Research and Plan- 
ning Division and the Legal Division of the National Recovery Ad- 
ministration which were made on this amendment. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Code having 
found as heroin set forth and on the basis uf all the proceedings in 
this matter: 

It finds that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act. including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of 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 perti- 
nent provisions of said Title of said Act, including without limita- 
tion subsection (a) of Section 3, subsecti(m (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, 

(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 Officei\ 

March 11, 1935. 

(144) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
POWDER PUFF INDUSTRY 

Article YL of said Code is iiereby amended by adding as subsection 
( k) of section 7. the following : 

Each member of the industry shall keep accurate and complete rec- 
ords of its transactions in the industry whenever such records may be 
required under any of the provisions of this Code, and shall furnish 
accurate reports based upon such records concerning any of such 
activities when required by the Code Authority or the National In- 
dustrial Recovery Board. If the Code Authority or the National 
Industrial Recovery Board shall determine that substantial doubt 
exists as to the accuracy of any sucli report, so much of the pertinent 
books, records and papers of such member as may be required for the 
verification of such report may lie examined by an impartial agency, 
agreed upon between the Code Authoritj- and such member, or in the 
absence of agreement, appointed by the National Industrial Recovery 
Board. In no case shall the facts disclosed by such examination be 
made available in identifiable form to any competitor, whether on the 
Code Authority or otherwise, or be given any other publication, except 
such as may be required for the proper administration or enforcement 
of the provisions of this code. 

Approvod Code No. 216 — Amendment No. 2. 
Registry No. 299—1-20. 

(145) 



Approved Code No. 24 — Amendment No. 7 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

As Approved on March 14, 1935 



OEDER 



Approving Amendment or Code of Fair Competition for the Bitu- 
minous Coal Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I, of the National Industrial 
Eecovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Bituminous Coal In- 
dustry as contained in a Published Notice of Opportunity to be 
Heard, Administrative Order 24—98, dated February 2, 1935, and 
amended to meet certain objections which were filed as provided in 
said Published Notice and annexed report on said amendment, con- 
taining findings 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. 

This Order shall become effective immediately. 

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

Approval recommended : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

March IJf, 1935. 

(147) 



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 National Bituminous 
Coal Industrial Board, an agency created and established under 
the Code for the purjDose, among others, of considering and making 
recommendations to the President as to any amendments of the 
Code. 

Notice of Opportunity to be Heard, Administrative Order No. 
24-98 was published and distributed February 2, 1935. Pursuant 
to information and considerations properly before us, as provided 
in the published notice of opportunity to be heard, this amendment 
has been revised to include selection from nominations submitted 
by the accredited and recognized organization of employees. 

The existing provisions of Article VII of the Code for said Indus- 
try do not include representation of Labor in membership of Code 
Authorities. This is a highly organized Industry and the request 
of the National Bituminous Coal Industrial Board for a representa- 
tive to be a member of each Divisional and Subdivisional Code Au- 
thority is considered to be fair, and it is believed, and we have ac- 
cordingly so found, that the service of a member upon each Code 
Authority selected from nominations submitted by the accredited 
and recognized organization of employees, will tend to facilitate 
the administration of the Code and procure compliance therewith. 
Two Code Authorities voluntarily have elected labor members and 
another Code Authority has initiated steps for labor representation. 

FINDINGS 

The Acting Deputy xVdministrator 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 : 

(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 gov- 
ernmental sanction and supervision, by eliminating unfair competi- 

(148) 



149 

tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoidin<ij undue restric- 
tion of production (except as may be temporarily required) by in- 
creasing the consumption of industrial and agricultural products by 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and otherwise by rehabilitat- 
ing industry and conserving natural resources. 

(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 National Bituminous Coal Industrial 
Board to consider and to make recommendations to the President as 
to any amendments of this Code. It also empowers any Sub-Divi^ 
sional Code Authoi-ity to propose amendments on behalf of the In- 
dustry as a whole after submission to any other Code Authority 
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, as modified, is accordingly approved to become 
effective immediately. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Ofjicer. 
March 14, 1935. 



135637—35- 



1 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
BITUMINOUS COAL INDUSTRY 

Delete the period of the second sentence of Sub-Section (a) of 
Section 2, Article VII, and substitute therefor a semi-colon, and add 
after such semi-colon the following: provided that each Code Au- 
thority, Divisional or Subdivisional. shall have one member thereon 
who shall be selected from nominations submitted by the accredited 
and recognized organization of employees. 

Approved Code No. 24 — ^Amendment No. 7. 
Registry No. 702-45. 

(150) 



Approved Code No. 201T — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

ELECTRICAL WHOLESALE TRADE 

As Approved on March 14, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Competition 
FOR the Electrical Wholesale 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 amendment 
to a Supplementary Code of Fair Competition for the Electrical 
Wholesale Trade to the Code of Fair Competition for the Wholesal- 
ing or Distributing Trade, and hearings having been duly held there- 
on, 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 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 provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Supplementary Code is hereby 
amended to include an approval of said Supplementary Code in its 
entirety as amended. 

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

Approval recommended : 
Harry C. Carr, 

Acting Division Admirvistrator. 

Washington, D. C, 

March H, 1935. 

(151) 



REPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report of the Hearing on an amendment to a Supple- 
inentary Code of Fair Competition for the Electrical Wholesale 
Trade, a division of the Wholesaling or Distributing Trade, said 
Supplementary Code being Approved Code No. 201 — Supplement 
No. 20 and approved by the Administrator for Industrial Recovery 
on August 13, 1934. The Hearing on this amendment was held at 
1320 G Street on Thursday, Januai"y 24, 1935. 

This Supplementary Code has been amended by inserting the words 
" or offer to grant " after the word '' grant " and " or offer to allow " 
after the word " alloAv " in Section 8 of Article IV so that the Section 
reads as follows : 

" Section 8. It shall be an unfair trade practice for a member 
of the Trade to grant or offer to grant to a customer a discount for 
cash at a percentage greater than the percentage of discount for cash 
received by such member of the Trade on the same merchandise, or 
to allow or offer to allow extra discounts for anticipation of pay- 
ment, or to allow or offer to allow a discount for cash on accounts 
remaining unpaid after the tenth of the calendar month following 
date of shipment, or to grant or offer to grant an}^ discount for cash 
where payment is made by warrant, note or trade acceptance." 

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

The Board finds that : 

(a) The amendment to said Supplementary Code and the Sup- 
plementary Code as amended are well designed to promote the 
policies and purposes of Title I of the National Industrial Recovery 
Act including the removal of obstructions to the free flow of inter- 
state and foreign commerce which tend to diminish the amount 
thereof, and will provide for the general welfare by ])romoting the 
organization of industry for the purpose of cooperative action of 
labor and management under adequate governmental sanction and 
supervision, by eliminating unfair competitive practices, by promot- 
ing the fullest possible utilization of the ])resent productive capacity 
of industries, by avoiding undue restriction of production (except 
as may be temporarily required), by increasing the consumption of 
industrial and agricultural products through increasing jnirchasing 
jjowers, 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" 

(152) 



153 

without limitation Subsection (a) of Section 3, Subsection (a) of 
Section 7, and Subsection (b) of Section 10 thereof. 

(c) The National Electrical Wholesalers Association was and is 
a trade association truly representative of the aforesaid Trade, and 
that said Association imposed and imposes no inequitable restric- 
tions on admission to membership therein, and consents to this 
amendment. 

(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 Offtcer. 
March 14, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE ELECTRICAL WHOLESALE 
TRADE 

A DIVISION OF THE WHOLESALING OR DISTRIBUTING TRADE 

The Supplementary Code of Fair Competition for the Electrical 
Wholesale Trade, a division of the Wholesaling or Distributing 
Trade, is hereby amended by changing Article IV, Section 8 so that 
Section 8 reads as foUov^s: 

Section 8. It shall be an unfair trade practice for a member of 
the Trade to grant or offer to grant to a customer a discount for cash 
at a percentage greater than the percentage of discount for cash 
received by such member of the Trade on the same merchandise, or 
to allow or offer to allow extra discounts for anticipation of payment, 
or to allow or offer to allow a discount for cash on accounts remain- 
ing unpaid after the tenth of the calendar month following date of 
shipment, or to grant or offer to grant any discount for cash where 
payment is made by warrant, note or trade acceptance. 

Approved Code No. 201T — Amendment No. 1. 
Registry No. 1308-06. 

(154) 



Approved Code No. 452 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

OYSTER SHELL CRUSHERS INDUSTRY 

As Approved on March 14, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Oyster Shell Crushers Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of amend- 
ments to a Code for the Oyster Shell Crushers Industr}^, and oppor- 
tunity to be heard having been afforded all members of the oyster 
shell crushers industry and any objections filed having been duly 
considered, and the annexed report on said amendments, contain- 
ing findings with respect thereto, having been made and directed 
to the President; 

NOW, THERiEFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said amendments 
and the Code as constituted after being amended comply in all re- 
spects with the pertinent provisions, and will promote the policy 
and purposes of said title of said act, and does hereby order that 
said amendments be and they are hereby approved, and that the 
previous approval of said code is hereby amended to include an 
approval of said code in its entirety as amended, such approval and 
such amendment to take effect twenty days from the date hereof, 
unless good cause to the contrary is shown to the National Industrial 
Recovery Board before that time and the said Board issues a subse- 
quent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 
Approval recommended: 
Armin W. Riley, 

Division Adininistrator, 

Washington, D. C, 

March H, 1936. 

(155) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. . 

Sir: This is a report on amendments to Article III, Section 2, 
of the Code of Fair Competition for the Oyster Shell Crushers In- 
dustry. The amendments consist of an extension of paragraph (b) 
of this Section to permit the loading or unloading of vessels for 
periods above that permitted in tlie code upon payment of time and 
one-third; and further, the addition of paragraph (c) to provide 
for payment of overtime at the rate of time and one-third to em- 
ployees engaged in emergency repair or emergency maintenance 
work for periods greater than those permitted for other employees. 

At the time of the hearing the question of unloading vessels 
which would require overtime employment was not considered, as it 
apparently was not thought of by either the proponents of the code 
or the representatives of the National Recovery Administration. In 
actual practice the industry has found by experience that such pro- 
visions are necessary, and accordingly has recommended their inclu- 
sion in the code. 

Considerable discussion arose during the formal hearing regard- 
ing employees engaged in emergency repair and emergency mainte- 
nance work. Certain members of the industry expressed a fear that 
if such provisions were incorporated in the code they might or would 
be used by employees to the detriment of equipment and as a means 
of obtaining overtime pa3^ However, after operating under the code 
provisions for several months, it has been found necessarj'^ to insert 
these provisions even at the risk of encountering the difficulties 
referred to, which it may be said, are believed to be more imaginary 
than real. 

The Acting Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said amendments to said code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter : 

The National Industrial Recovery Board finds that: 

(a) The amendments to said code and the code as amended are well 
designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign 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 looking to the elimination of 
unfair competitive practices, by promoting the fullest possible util- 
ization 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 agricultural 

(156) 



157 

products through the increasing; of purchasing power, by reducing 
and relieving unempkiyment, by improving standards of labor, and 
by otherAvise rehabilitating industry. 

(b) The code as amended complies in all respects with the per- 
tinent provisions of said title of said act, including without limita- 
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The amendments and the code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The amendments and the code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
operate to discriminate against them. 

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

In view of the above facts, the amendments to said code have been 
approved. 
For the National Industrial Recovery Board: 

W. A. Harriman, 

Administrative Officer^ 
March 14. 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE OYSTER SHELL CRUSHERS INDUSTRY 

Amendments to Article III, Section 2 

Substitute : 

(b) Employees engaged in crushing, screening or packing oyster 
and associated marine shells for poultry feed, preliminary to meeting 
a sailing date on a water shipment, and employees engaged in loading 
or unloading vessels, may be permitted to work additional hours 
(but not in excess of eight additional hours) in any week, provided 
that at least time and one-third the normal rate as to each employee 
so engaged is paid therefor. 

Add: 

(c) Employees engaged in emergency repair or emergency mainte- 
nance work ; provided that at least time and one-third the normal rate 
as to each employee so engaged is paid for all hours worked in excess 
of the maximum herein for him established ; and provided further, 
that each member of the industry shall make monthly reports to the 
Code Authority stating the number of overtime hours worked by 
employees pursuant to the provisions of this paragraph. 

Approved Code No. 452 — Amendment No. 1. 
Registry No. 117-80. 

(158) 



Approved Code No. 9 — Amendment No. 32 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LUMBER AND TIMBER PRODUCTS INDUSTRIES 

As Approved on March 15, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Lumber and Timber Products Industries 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I, of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an Amend- 
ment to a Code of Fair Competition for the Lumber and Timber 
Products Industries, and the annexed report of said amendment, 
containing findings with respect thereto, having been made by the 
Assistant Deputy Administrator and directed to the National Indus- 
trial Recovery Board, and it appearing that an opportunity to be 
heard will be afforded to all interested parties : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Order Number 6859, and otherwise, does 
hereby approve, adopt, and incorporate by reference said report, 
recommendations, and findings, and does further 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 annexed hereto 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 become effective twenty (20) 
days from the date hereof unless good cause to the contrary is shown 
to the National Industrial Recovery Board, and the National Indus- 
trial Recovery Board issues a subsequent Order. 

National Industrial Reco%"ery Board, 
By W. A. Haeriman, Administrative OiJicer. 

Approval recommended : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

March IS, 1935. 

(159) 



REPORT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

National Industrial Recovery Board, 

Washington^ D. C. 

Gentlemen : I have the honor to submit and recommend for your 
approval an amendment to the Code of Fair Competition for the 
Lumber and Timber Products Industries, which changes Schedule 
"A" of said Code by terminating the Appalachian and Southern 
Hardwood Subdivision of the Hardwood Division and creating the 
Appalachian Hardwood Subdivision of the Hardwood Division and 
the Southern Hardwood Subdivision of the Hardwood Division. 

The amendment designates the Appalachian Hardwood Manufac- 
turers, Incorporated, as the administrative agenc}' of the "Appa- 
lachian Hardwood Subdivision ", vesting it with the powers author- 
ized in the Code as necessary and proper for administrative purposes 
in a Subdivision. An examination of its Constitution and By- 
Laws shows that it imposes no inequitable restrictions upon member- 
ship and is truly representative of the proposed Subdivision. 

By this amendment the Hardwood Manufacturers Institute, Incor- 
porated,' which was previously the administrative agency of the un- 
divided " Subdivision " is continued, by designation, as the adminis- 
trative agency for the majority of this area which will be included 
in the " Southern Hardwood Subdivision." It has previously been 
found to impose no inequitable restrictions on membershij) and to be 
truly representative of the proposed Subdivision. It is hereby 
vested with the powers authorized in the Code as necessary and 
proper for administrative purposes in a Subdivision. 

This amendment has been submitted by the Lumber Code Author- 
ity in accordance with a resolution of December 5, 1934, in pursuance 
of a petition of the Hardwood Manufacturers of the region included 
under the proposed " Appalachian Hardwood Subdivision." A 
meeting of these manufacturers was held at Netherlands Plaza Hotel^ 
Cincinnati, Ohio, November 2, 1934, at wdiich were present manu- 
facturers representing an annual capacity of 1,000,150.000 board feet 
of hardwood lumber out of a total rated capacity of 1,810,290,000 
board feet, or 55.32% of the total. There were one hundred and 
nineteen (119) manufacturers present with productive capacity 
ranging from 312,000 to 76.000,000 board feet per annum. The av- 
erage productive capacity of the manufacturers present was ap- 
proximately 8,300,000 board feet per annum. Of the manufacturers 
present thirty-one (31) have a yearly productive capacity of less 
than 2.000,000 board feet each. This petition received the approval 
of the Hardwood Manufacturers Institute, Incorporated, the Hard- 
wood Co-ordinating Committee, and the Lumber Code Authority. 

A notice of opportunity to be heard on this amendment will be 
made known to all interested parties through the mailing of a 
copy of said notice to everyone of record in the offices of the Ap- 

(160) 



161 

palachian Hardwood Manufacturers. Incorporated, and the Hard- 
wood Manufacturers Institute, the proposed Division Arrencies re- 
spectively in each of the two contemphited Subdivisions, and to 
appropriate trade papers servintj the atfected areas. 
The foUowinof exhibits are inchided in Vohuiie II: 

1. Industrial Advisory Board's Approval. 

2. Consumers' Advisory Board's Approval. 

3. Report of Labor Advisory Board. 

4. Lecal Division's Approval. 

5. Research and Planninir Division's Approval. 

6. Administration Members' Approval. 

7. Letter of Transmittal from the Lumber Code Authority. 

8. Notice of Opportunity to be heard. 

9. Copy of Petition of Appalachian Manufacturers submitted to 
Lumber Code Authority. Letter of Transmission of said Petition 
from that Authority, and Affidavits of competent parties supporting: 
salient points made in said Petition. 

10. Action of Hardwood Manufacturers Institute Board of 
Directors. 

11. Code and Amendments already approved. 

For the proper consideration of this amendment and determina- 
tion with respect thereto, the following facts and findincfs are set 
forth: 

The hardwood lumber manufacturing industry of the South 
has ever been divided into two distinct groups, i. e., the Appalachian 
and the Southern manufacturers, as is evidenced by the Forest Serv- 
ice's boundary delineation of the Appalachian territory and as set 
out in the petition and its supporting affidavits. This division is 
because of the followimx fundamental reasons : 

(a) Operating Conditions: The Southern territory is largely flat 
while the Appalachian is in the main hilly and mountainous. This 
calls for usage in the Appalachian territory of a different and liigher 
class of labor, and different and more expensive types of logging 
equipment than are necessary in the Southern operations. The hilly 
topography and the heavier investment of capital necessary in much 
of the Appalachian region tend to minimize the number of very 
small mills operating in that district. 

(b) Timber Ownership: Appalachian timber is largely owned by 
the mills that log and manufacture it, as contrasted with independent 
log and standing timber marketing practices of the South. 

(c) Timber Species: The Appalachian territory contains some 
species not found in the South. In some other species the predomi- 
nance is greater in the Appalachian and in some others in the South. 

(d) Quality: The quality of the Appalachian timber is generally 
better than that of the South. 

(e) Value: By reason of this superior quality, and, to some extent, 
its closer proximity to major consuming markets, the Appalachian 
product commands a higher price. 

(f) The minimum wage rates in the Appalachian and the South- 
ern territories are 281/2 cents and 24 cents per hour respectively. 

When it was written it was thought possible to administer the Code 
for these two distinctive groups through a joint Subdivision, upon 
the administrative body of which each should have representation. 



1G2 

Eiofhteen months' experience has demonstrated the fallacy of this 
assumption. A^^iile the Appalachian mills produced about 25% of 
the hardwood lumber of the entire South, their representation on the 
administrative directorate of the joint Subdivision has been six (6) 
out of a total of thirty-three (33) , or slightly over 18%. The records 
bear out the contention of the Appalachian operators that under joint 
Subdivision administration of Article VIII of the Code, the South- 
ern mills have received an over-liberal production allotment at the 
expense of the Appalachian mills. The Code sets up that an admin- 
istrative agency shall be truly representative. This joint adminis- 
trative agenc}' is not, and because of the fundamentally different 
existing conditions above recited, can never be so made. The man- 
date of the Code, justice and wisdom dictate that this petition should 
be granted through the approval and promulgation of this amend- 
ment which I find : 

1st, Will effectuate the policies of the Act in the granting of true 
representation. 

2nd, Will impose no inequitable restrictions. 

3rd, Will not promote monopolies or tend to monopolistic practices. 

4th. Will not oppress small enterprises. 

On the basis of all the facts stated above and the administrative 
findings of law and fact made above, I recommend that this amend- 
ment be approved. 



Respectfully, 



Approval recommended: 
A. C. Dixon, 

Deputy Administrator. 

W. P. Ellis, 

Division Administrator. 
March 7. 1935. 



J. C WlCKLIFFE, 

Assistant Deputy Administrator. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LUMBER AND TIMBER PRODUCTS INDUSTRIES 

In Schedule A, DIVISION AND SUBDIVISION CODE PRO- 
VISIONS, delete " 2-A. Appalachian and Southern Hardwood Sub- 
division " and substitute therefor : 

2-A. Appalachian Hardwood Subdivision 

2-H. Southern Hardwood Subdivision 

In Schedule A. 2. Hardwood Division, Division (Article II, C) :, 
paragraph (a), delete '" Southern and Appalachian Hardwood Sub- 
division "' and substitute therefor : 

Appalachian Hardwood Subdivision 

Southern Hardwood Subdivision 

In Schedule A, 2. Hardwood Division, Administrative Agencies 
(Article III) :, paragraph (A), delete '"Southern and Appalachian 
Hardwood Subdivision — Hardwood Manufacturers Institute " and 
substitute therefor : 

Appalachian Hardwood Subdivision — Appalachian Hardwood 
Manufacturers, Inc. 

Southern Hardwood Subdivision — Hardwood Manufacturers 
Institute. 

In Schedule A, delete entire section " 2-A. Appalachian and South- 
ern Hardwood Subdivision " and substitute therefor : 

2-A. Appalachian Hardwood Subdivision 

Subdivision (Article II C) : 

This Subdivision consists of producers and manufacturers of the 
lumber and timber products of this Subdivision specified in the 
paragraph entitled " Products " in the territory- defined as follows : 
Starting at Louisville, Ky.. following main line of the Louisville and 
Nashville Railroad to the Kentucky-Tennessee State line ; thence 
east following said State line to the westerly line of Pickett County, 
Tenn.; thence southerly along the westerly boundaries of Pickett, 
Fentress, Morgan, Roane, Rhea and Hamilton Counties to the inter- 
section of the westerly line of Hamilton Count}- and the Nashville 
Chattanooga and St. Louis Railroad; thence easterly along said Rail- 
road through Chattanooga to the intersection of said Railroad and 
the Tennessee-Georgia State line; thence westerly along said Ten- 
nessee-Georgia State line to the junction of the States of Temiessee, 
Georgia and Alabama; thence south on Alabama-Georgia State line 
to thirty fourth parallel ; thence east on thirty-fourth parallel in 
Georgia to mainline Southern Railway, Atlanta to Washington 
route : and thence northeast following Southern Railway from this 
point through South Carolina, North Carolina and Virginia to the 
northern terminal at Washington, D. C, and thence northward along 
the line of the Pennsylvania Railway, Washington to Philadelphia 
route, to Pennsylvania State line ; thence west along southern bound- 

(163) 



164 

ary line and north along the western boundary line of Pennsylvania 
to Ohio River; thence along Ohio River to Louisville, Kentucky. 
All points on boundary lines between Appalachian and Southern 
Hardwood Subdivisions are in Southern territory. 

Products (Article II A) : 

All lumber and timber products enumerated when manufactured 
from hardwoods, Appalachian hemlock, white pine, spruce, white 
(juniper) and red cedar, except: poles and piling; shingles; wood- 
work, including products of ])laning mills not operated in con- 
junction with sawmills; hardwood flooring; veneers; plywood; kiln 
dried hardwood dimension; sawed boxes, shook and crates; plywood, 
Teneer, and wirebound packages and containers; crossarms; and rail- 
road cross ties. 

Administrative Agency (Article III) : 

Appalachian Hardwood Manufacturers, Inc., is designated as 
the agenc}' of the Authority and the Hardv\()od Coordinating Com- 
mittee for the administration of the Code in this Subdivision. Said 
Appalachian Hardwood Manufacturers, Inc.. through its Board of 
Trustees is authorized to make such rules and regulations as are 
necessary to administer the Code in this Subdivision and to desig- 
nate and authorize such further agencies as may be re(}uired for 
this purpose. 

2-H. SouTHEKN Hardwood Subdivision 

Subdivision (Article II C) : 

This Subdivision consists of producers and manufacturers of the 
lumber and timber products of this Subdivision specified in the 
paragraph entitled " Products " within the following states : Texas, 
Louisiana, Mississippi, Alabama, Arkansas, Missouri, Oklahoma, 
Florida, Georgia, Tennessee. Kentucky, South Carolina, North Caro- 
lina, Virginia, and Maryland; excepting such portions of the above 
named states as lie within the A]))3alachian territory as described 
in 2A. All points on boundary lines between Appalachian and 
Southern Hardwood Subdivisions are in Southern territory. 

Products (Article II A) : 

All lumber and timber products enumerated when manufactured 
from hardwoods, white and yellow cypress, and white (juniper) and 
red cedar, except: poles and piling; shingles; woodwork, including 
products of planing mills not oi)erated in conjunction with sawmills; 
hardwood flooring: veneers; plywood: kiln dried hardwood dimen- 
sion; sawed boxes, shook and crates; plywood, veneer and wirebound 
packages and containers; crossarms; and railroad cross ties. 

Administrative Agency (Article III) : 

The Hardwood jNIanufacturers Institute is designated as the 
agency of the Authority and the Hardwood Coordinating Com- 
mittee for the administration of the Code in this Subdivision. Said 
Institute, through its Board of Directors, is authorized to make such 
rules an<l regulations as are necessary to administer the Code in this 
Subdivision and to designate and authorize such furtlier agencies 
as may be required for this purpose. 

Approved Code No. 9 — AmendiiKMit No. 32. 
Registry No. 313—1-06. 



Approved Code No. 172 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RAYON AND SILK DYEING AND PRINTING 
INDUSTRY 

As Approved on March 15, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Raton and Silk Dyeing and Printing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16. 1933, for approval of an amendment 
to a Code of Fair Competition for the Rayon and Silk D\"eing and 
Printing Industry, and a notice of an opportunity to be heard hav- 
ing 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 Pre.^ident 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 C(jde in its entirety as amended. 
National Industrial Recov^ery Board, 
By "VY. A. Harriman, Admimstrative O'^cer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C. 

March 15, 1935. 

135637—35 7 (165) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the results of the Notice of an Opportun- 
ity to File Objections to the amendment to the Code of Fair Com- 
petition for the Rayon and Silk Dyeing and Printing Industry, 
which was issued on February 21. 1985, with the provision that ob- 
jections against the proposed amendment could be filed any time 
prior to March 7, 1935. The amendment, which is attached, was 
presented by the duly qualified and authorized representatives of 
the Industry complying with statutory recpiirements. 

No objections were received pursuant to Notice of Opportunity 
to be Heard, Administrative Order No. 172-20. 

PROVISIONS OF THE AMENDMENT 

This amendment is the standard approved clause on the examina- 
tion of books and records. 

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 ob- 
structions to the free flow of interstate and foreign connnerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving the standards of labor, and by 
otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
}ient 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. 

(166) 



167 

(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 desijjned 
to and will not permit monopolies or monopolistic practices. 

(e) The amendment and the Code as amended are not desioiied 
to and will not eliminate or o[)press small enterprises and will not 
operate to discriminate against them. 

(f) Those engaged in other steps of tlie 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. 
March 15, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RAYON AND SILK DYEING AND PRINTING 
INDUSTRY 

Amend the Code of Fair Competition for the Rayon and Silk D3^e- 
ing and Printing Industry by the deletion of Article IX in its 
entirety, and substitute therefor a new Article IX, which reads as 
follows : 

Each member of the industry shall keep accurate and complete 
records of its transactions in the industry whenever such records may 
be required under any of the provisions of this Code, and shall fur- 
nish accurate reports based upon such records concerning any of 
such activities when required by the Code Authority or the National 
Industrial Recovery Board. If the Code Authorit}^ or the National 
Industrial Recovery Board shall determine that substantial doubt 
exists as to the accuracy of any such report, so much of the pertinent 
books, records and papers of such member as may be required for 
the verification of such report may be examined by an impartial 
agency, agieed upon between the Code Authority and such member, 
or, in the absence of agreement, appointed by the National Industrial 
Recovery Board. In no case shall the facts disclosed by such exami- 
nation be made available in identifiable form to any competitor, 
whether on the Code Authority or otherwise, or be given any other 
publication, except such as may be required for the proper 
administration or enforcement of the provisions of this Code. 

Approved Code No. 172 — Amendmeut No. 3. 
Registry No. 23*3-07. 

(168) 



Approved Code No. 334 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 
As Approved on March 16, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Bev- 
erage Dispensing Equipment Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions oi Title I of the National Industrial 
Recovery Act. approved June 16. 1933. for approval of nineteen 
ameridments to a Code of Fair Competiti(tn for the Beverage Dis- 
pensing Equipment Industry, and hearings liaving been duly held 
thereon and the annexed report on .-aid 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 author- 
ity vested in it by Executive Orders of the President, including Exec- 
utive Order Number 6859, and otherwise; does hereby incorporate, 
by refei'ence, 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 pre- 
vious approval of said Code is hereby amended to include an ap- 
proval of said Code in its entirety as amended. 

National Industrial REC0\Ta{Y Board. 
By W. A. Harriman, Administrat'/ve 0-fficer. 

Approval recommended : 
John W. Upp, 

Acting Division Administrator. 

Washington. D. C, 

March 16, 1935. 

(169) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on nineteen amendments to the approved 
Code of Fair Competition for the Beverage Dispensing Equipment 
Industry. 

Tliese 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 tlie 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 How 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 eliminating un- 
fair competitive practices, by promoting the fullest possible utiliza- 
tion of the present productive capacity of industries, by avoiding 
undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agricul- 
tural 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 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, we have approved these amendments. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
March 16, 1935. 

(170) 



AIMENDMEXT TO CODE OF FAIR COMPETITION FOR 
THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

1. Amend Article II by adding the following as Section 9: 
Sectiox 9. The term " employer " as used herein includes anyone 

by whom employees are compensated or employed. 

2. Amend Article III, Section 1, by inserting in parentheses 
between the words " one Aveek " and " except ", the words '' seven (7) 
da}' period *', the Section to read as follows : 

Section 1. Maximum Hours. — No employee shall be permitted to 
work more than forty (40) hours in any one week (seven (7) day 
period), nor more than eight (8) hours in any one day (twenty-four 
(24) hour period), nor more than six (6) days in any one week 
(seven (7) day period), except as herein otherwise provided. 

3. Amend Article III, Section 6, to read as follows : 

Section 6. Exemptions as to Hours. — The provisions of this 
Article in respect to the limitation of hours shall not apply to trav- 
eling salesmen, or to persons employed in a managerial or executive 
capacity who earn not less than thirty-five dollars ($35.00) per week. 

4. Amend Article III, Section 7, to read as follows : 

Section 7. The provisions of this Article in respect to the limita- 
tion of hours shall not apply to employees engaged in emergency 
mauitenance or emergency repair work, provided, however, that in 
any such emergency work at least one and one-half (II/2) times the 
normal rate of pay shall be paid for all hours worked in excess of 
the maxima herein provided by this Article, and further provided 
that all cases of emergency work shall be reported to the Code 
Authority, and further provided that such overtime shall not exceed 
eight (8) hours in any one week (seven (7) day period) except in 
cases of emergency maintenance or emergency repair work involving 
breakdowns or the protection of life or property. 

0. Amend Article IV. Section 1, third word, to read " shall ". 

6. Amend Article IV by adding the following as Section 6 : 
Section 6. Female Emjyloyees. — Female employees performing 

substantially the same work as male employees shall receive the same 
rate of pay as male employees. 

7. Amend Article IV by adding the following as Section 7 : 
Section 7. Handicapped Persons. — A person whose earning ca- 
pacity is limited because of age, physical or mental handicap, or 
other infirmity, may be employed on light work at a wage below 
the 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. Employers shall 
be guided by the instructions of the United States Department of 
Labor in issuing certificates to such persons. Each employer shall 

(171) 



172 

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. 

8. Amend Article V, Section 1, third sentence, to read as follows: 
The Code Authority shall submit to the National Industrial Re- 
covery Board, for approval, within sixty (60) days after the effec- 
tive date of this Amendment, a list of such operations or 
occupations. 

9. Amend Article V, Section 4, second sentence, to read as follows : 
Standards for safety and health for the Industry shall be sub- 
mitted by the Code Authority to the National Industrial Recovery 
Board, for approval, within six (6) months after the effective date 
of this Amendment. 

10. Amend Article V, Section 6, to read as follows : 

Sectiox 6. All employers shall post and keep posted copies of 
this Code in conspicuous places accessible to all employees. Every 
member of the industry shall comply with all rules and regulations 
relative to the posting of provisions of Codes of Fair Competition 
which may from time to time be prescribed b}' the National Indus- 
trial Recovery Board. 

11. Amend Article V, Section 8. to read as follows: 

Section 8. Dismissed . — No employee shall be dismissed, demoted 
or otherwise discriminated against by reason of making a complaint 
or giving evidence with respect to a violation or an alleged violation 
of any Code. 

12. Amend Article VI, Section 11, first statement, to read as 
follows : 

Section 11. 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 to the extent permitted 
by the Act ; 

13. Amend Article VI, Section 11. subsection (a), to read as 
follows : 

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

14. Amend Article VI, Section 11. subsection (b). to read as 
follows : 

(b) To adopt, subject to the approval of the National Industrial 
Recovery Board, By-Laws and rules and regulations for its 
procedure. 

15. Amend Article VI, Section 11, subsection (e), to read as 
follows : 

(e) To make recommendations to the National Industrial Re- 
covery Board for the coordination of the administration of this Code 
with such other codes, if any, as may be related to or affect the 
Industry. 

16. Amend Article VII, Rule 5. to read as follows : 

Rule 5. Secret Rebates. — No member of the Industry shall secretly 
offer or make any payment or allowance of a rebate, refund, commis- 
sion, 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- 



173 

lege not extended to all customers of the same class, for the purpose 
of infliiencin<; a sale. 

17. Amend Article VII, by adding the following as Rule •IQ : 
Rule 20. CJassip'cafion of Custoiners. — The Code Authority shall 

cause to be fornuilated and keep current a classitication of all t3'pes 
of customers of tlie Industry. Such classitication 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 customers 
of the Industr}', including a class to cover every known 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 Xational Industrial Recovery Boar.1. if 
there is no disapproval or rctjuest for suspension of action within 
twenty (20) days, full information concerning the classification 
shall be made available to all members of the Industry. Xo one 
shall by intimidation, coercion, or other undue influence cause or 
attempt to cause the inclusion of any customer in or the exclusion of 
any customer from any class of customers, or the exclusion of any 
class of customers from the classification, or the use of uniform or 
stipulated prices, discounts, or differentials and each member of the 
Industr}' may at all times classify his own customers in accordance 
■with his own judgment. 

18. Amend Article XII to read as follows : 

Every member of the Industry shall comply with the rules and 
regulations of the Xational Industrial Recovery Board as to regis- 
tration with the Code Authority or such other agency as the Xa- 
tional Industrial Recovery Board may direct and including, but 
without limitation, the number of shops, establishments, or separate 
units thereof and their location, as well as each additional shop, 
establishment, or separate unit oj^ened after registration. 

10. Amend Article XIII by designating it as Article XIY, and 
by adding the following as Article XIII : 

Xo member of the Industry shall permit any individual, corpora- 
tion, partnership, association, or other form of enterprise owned or 
over which it exercises control, to violate an}' provision of this Code, 
or any other Code. Nor shall any member of the Industry engage 
in any subterfuge for the purpose of and with the intent or effect 
of defeating or violating the provisions of this Code, or any other 
Code, or of the Act. 

Approved Code No. 334 — Amendment No. 2. 
Registry No. 1331-02. 



Approved Code No. 352 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FLAG MANUFACTURING INDUSTRY 

As Approved on March 16, 1935 



ORDER 



ArPEoviNG Amendment of Code of Fair Competition for the Flag 
Manitfactt-ring 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 Flag Manufacturing 
Industry, and opportunity to be heard having been duly afforded all 
interested j^arties 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 comj^ly 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 as amended. 

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

Approval recommended : 
Prentiss L. Coonley, 

Div isio n A dministrator. 

Washington, D. C. 

March 16, 1935. 

(175) 



REPORT TO THE PRESIDENT 

The President. 

The ^YlutG House. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Flag Manufacturing Industry. The amendment 
which is attached was presented by the Code Authorit}' for the Flag 
Manufacturing Industry. 

Notice of opportunity to be heard was given all interested parties, 
and the one objection received was given careful consideration. 

The Amendment provides that Article VI. Section 8 (f) of the 
Code shall be amended to provide for the mandatory payment of 
Code Assessments. It further provides that Section 5 and Section 
8 (k) shall be deleted from the Code. 

The Deputy Administrator in his final report on said amendment 
to said Code having found as set forth and on the basis of all pro- 
ceedings in this matter, 

The National Industrial Recovery Board finds that 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general wel- 
fare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by a voiding, undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural ]n'oducts through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor and 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 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. 

(176) 



177 

(f) Those engajred in other steps of the economic process have 
not been deprived of the right to be heard prior to the approval of 
said amendment, 

F'or the above reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative fleer. 
March 16. 1935. 



AMENDMENT TO CODE OF FAIR COISIPETTTION FOR THE 
FLAG MANUFACTURING INDUSTRY 

Section 5 and Section 8 (g) of Article VI shall be deleted from the 
Code. Sections 6, T and 8 of Article VI shall be changed to Sections 
5, 6 and 7 respectively. Sections 8 (h) and 8 (i) of Article VI shall 
be changed to Sections 7 (g) and 7 (h) respectively. Section 8 (f) 
of Article VI shall become Section 7 (f ) and shall be* amended to read 
as follows : 

It being found necessary in order to support the administration of 
this Code and to maintain the standards of fair competition estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized: 

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

2. To submit to the 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 tlie Industry. 

3. After such budget and basis of contribution have been approved 
by the National Industrial Recovery Board, to determine and obtain 
equitable contribution as above set forth by all members of the 
Industry, and to that end if necessary, to institute legal proceedings 
therefor in its own name. 

4. Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinabove provided, and subject to rules and 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 
provided, (unless duly exempted from making such contributions) 
sliall be entitled to participate in the selection of members of the Code 
Authority or to receive the benefits of any of its voluntary activities 
or to make use of any emblem or insignia of the National Recovery 
Administration. 

5. The Code Authority shall neither incur nor pay any obligations 
substanitally in excess of the amount thereof as estimated in its ap- 
proved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the National 
Industrial Recovery Board; and no subsequent budget shall contain 
any deficiency item for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 352 — Ameudment No. 1. 
R/^sristrv No. 234-1-01. 

(178) 



Approved Code No. 363 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MEN'S NECKWEAR INDUSTRY 
As Approved on March 16, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Men's Neckwear Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Men's Neckwear Indus- 
try, and a notice of opportunity to be heard being issued simultane- 
ously with this reconnnendation, 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 ]:)ertinent provisions and will promote the policy and 
purposes of said Title of said Act, and does hereby order thait 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 amend- 
ment 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 Recovery 
Board issues a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 
Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

3Iarch 16, 1935. 

(170) 



KEPOET 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 Men's Neckwear Industry. 

Article V was amended by deleting paragraph A of Section 1, 
and all of Section 2 and substituting a new paragraph and a new 
section therefor, providing for the election of alternates for members 
of the Code Authority. 

An opportunity to be heard will be afforded all interested parties 
and all objections will be carefully considered by the National In- 
dustrial Recover}^ Board. The National Industrial Recovery Board 
has 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 Na- 
tional Recovery Administration, which were made on this amend- 
ment. 

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 aiid foreign commerce which tend 
to diminish the amount thereof, and will ])rovide 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 ehminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of Industries, by avoiding undue restriction of 
production (excei)t 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 Sub-section (a) of Section 3, Sub-section (a) of Section 7 and 
Sub-section (b) of Section 10 thereof. 

(c) The Code eni])owers the Code Authority to present the afore- 
said amendment on behalf of the Industry, as a whole. 

(d) The amendment and the Code, as amended, are not designed 
to and will not permit monopolies or monopolistic practices. 

(180) 



181 

(e) The amendment and the Code, as amended, are not designed 
to and Avill not eliminate or oppress small industries 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 effective date of said 
amendment. 

For the above reasons, this amendment has been approved. 

For the National Industriay Recovery Board : 

W. A. Hakriman, 
AdTninistrative Officer. 

March 16, 1935. 



135G37— yS 8 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
MEN'S NECKWEAR INDUSTRY 

Amend Article V by deleting Paragraph ""A" of Section 1 and sub- 
stituting therefore the following : 

A. Nine (9) representatives of the Industry and nine (9) alter- 
nates, or such other number of principals and alternates as may be 
approved from time to time by the National Industrial Recovery 
Board, to be selected as hereinafter provided. 

Amend Article V by deleting Section 2 and substituting in lieu 
thereof the following: 

2. The Industry Members and alternates shall be selected as follows : 

Four (4) of the members, and four (4) alternates, representing 
the Industr}^ shall be selected by the Men's Neckwear Manufacturers 
of New York City from among members of the Industry located in 
New York City; and five (5) members, and five (5) alternates, shall 
be selected by members of the Industry located outside of the City of 
New York. The nine (9) members of the Industry and nine (9) 
alternates so selected, and the method of their selection, shall be 
certified to the National Industrial Recovery Board by the ISIen's 
Neckv,'ear Institute of America. Inc., as members of the Code Author- 
ity. In the absence of any member, the alternate shall have full vot- 
ing power. In the selection of alternates, the four selected from 
among the New York Manufacturers shall be selected in designated 
numerical order, and similarly the five alternates selected by members 
of the Industr}^ outside of New York City shall be selected in definite 
designated numerical order, so that in each case alternates will be 
known as alternates 1, 2. 3. and 4 from among manufacturers located 
in New York City, and alternates 1, 2. 3, 4 and 5 from among alter- 
nates selected by out of New York City Manufacturers. Whenever 
the Executive Director, or other proper official, shall prior to a 
regular or special meeting of the Cocle Authority, determine that 
any member or members will not be able to attend, the said Executive 
Director, or other proper official with respect to each group repre- 
sented on the Code Authority, shall notify alternates in their respec- 
tive numerical order, the purpose of said call being to insure full 
representation at any such meeting for the respective groups con- 
stituting the Code Authority. 

Approved Code No. 363 — Amendmeut No. G. 
Registry No. 248-1-02. 

(182) 



Approved Code No. 172 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RAYON AND SILK DYEING AND PRINTING 
INDUSTRY 

As Approved on March 19, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Rayon and Silk Dyeing and Printing 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 Rayon and Silk Dyeing 
and Printing Industry, and an opportunity to be heard thereon 
having been given and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 

QirGCtGQ to tllG Pl'GSlcl€!Ilt * 

NOW, therefore', on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive orders of the President, including 
Executive Order No. G859, dated September 27, 1934, and otherwise, 
does hereby incorporate, by reference, said annexed report and does 
rind 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, Advi'mhtrative O-fflcer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Ad7ninistrator. 

Washington, D. C, 

March 19, 19S5. 

(183) 



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 Rayon and Silk Dyeing and Printing Industry, ap- 
proved December 21, 1933. Notice of Opportunity to be Heard on 
this amendment was published on February 9, 1935; no objections 
Avere received within the twenty-day period ending March 1, 1935. 
The amendment, which is attached, was presented by duly qualified 
and authorized representatives of the Industry, complying with 
statute tr}- requirements, and being the duly constituted Code Author- 
ity under the provisions of the said Code for the said Industry. 

Article VI, Section 1, is amended so as to conform with the stand- 
ard mandatory assessment clause. The amendment to Article VIII, 
Sections 3 and 4, includes in the Code the standard mandatory 
assessment clause which has been approved by the Administration. 

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 
(he National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the pur- 
pose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
})etitive practices, by promoting the fullest possible utilization of 
t'lie present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving the standards of labor and by other- 
wise rehabilitating industry; 

(b) The Code as amended complies in all respect 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 em])owers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole ; 

(d) The amendment and the Code as amended are not designed 
to and will not ])erinit monopolies or monopolistic practices. 

(184) 



185 

(e) The amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
C'perate 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 
iimendnient. 

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board: 

W. A. Harriman, 

A dviin istrat ive Office r. 
March 19, 1035. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
RAYON AND SILK DYEING AND PRINTING INDUSTRY 

Article VI. Section 1, is hereby amended to read as follows : 
1. Further to effectuate the policies of the Act, the Board of 
Trustees, to be elected annually by members of the Institute and by 
members of the Industry who are not members of the Institute but 
who are complying with the Code and contributing to the expenses 
of its administration in accordance with the provisions of Article 
VIII, is hereby designated, together with not more than three per- 
sons without vote and without cost to the Industr}?- to be named by 
the National Industrial Recovery Board, as a Code Authority, for the 
Industry. 

Article VIII, Sections 3 and 4, are hereby amended to read as 
follows : 

3. It being found necessary in order to support the administration 
of this Code and to maintain the standards of fair competition estab- 
lished hereunder and to effectuate the policy of the Act, the Code 
Authority is authorized : 

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

(b) To submit to the Board of the National Recovery Adminis- 
tration for its approval, subject to such notice and opportunity to 
be heard as it may deem necessary (1) an itemized budget of its esti- 
mated expenses for the foregoing purposes, and (2) an equitable 
basis upon which the funds necessary to support such budget shall 
be contributed by members of the Industry; 

(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine 
and obtain equitable contribution as above set forth by all members 
of the Industry, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

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

The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 

(186) 



187 

approved biKl<2;ot, and shall in no event exceed the total amount con- 
tained in the approved bud<iet, except upon approval of the National 
Industrial Recovery Board; and no subsequent budfjet shall contain 
any deficiency item or expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Approved Code No. 172^ — Amendment No. 4. 
Registry No. 230-07. 



Approved Code No. 60 — Amendment No. 9 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RETAIL TRADE 

As Approved on March 19, 1935 



OEDEE 

Approving Amendment or Code of Fair Competition for the 

Eetail Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Eecovery Act, approved June 16, 1933, for approval of an 
amendment to a Code of Fair Competition for the Ketail Trade, 
and hearings having been duly held thereon and the annexed report 
on said amendment, containing findings with respect thereto, hav- 
ing been made and directed to the President : 

NOW, THEEEFOEE, on behalf of the President of the United 
States, the National Industrial Eecovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 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 
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 is hereby 
amended to include an approval of said Code in its entirety as 
amended. 

National Industrial Eecovery Board, 
By W. A. Harriman, Admmistrative Officer. 

Approval recommended : 
Haery C. Carr, 

Acting Division Adminhtrator. 

Washington, D. C, 

Marcli 19, 1935. 

(189) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The Hearing on the annexed amendment to Schedule A of 
the Code of Fair Competition for the Retail Trade Avas held on 
October 23, 1934. in the Raleigh Hotel, Washington, D. C. The 
amendment "was presented by duly qualified and authorized repre- 
sentatives of the Trade, complying with statutory requirements, 
such representatives being members of the National Retail Drug 
Code Authority. 

In accordance with the customary procedure, everyone who had 
filed a request for an appearance was freely heard in public, and 
all statutory and regulatory requirements were complied with. 

This amendment is drawn to enable the National Retail Drug 
Code Authority and the several Local and Metropolitan Retail Drug 
Code Authorities to incorporate, if they wish, under the laws of any 
State or the District of Columbia, subject to the approval by the 
National Industrial Recovery Board of their articles of incorpora- 
tion, and subject to the right of the National Industrial Recovery 
Board to require a modification of such articles of incorporation if 
the State laws permit, or to require that the corporation be reorgan- 
ized in some other State. The powers, duties, objects and purposes 
of the respective corporations are limited to the powers, duties, 
objects and purposes of the respective Code Authorities, and the 
existence of said corporations are limited to the term of the Code. 

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

The National Industrial Recovery Board finds that: 

(a) The amendment to said code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action of labor and management under 
adequate governmental sanction and supervision, by eliminating un- 
fair competitive practices, by promoting the fullest possible utiliza- 
tion of the present productive capacity of industries, by avoiding 
undue restriction of production (except as may be temporarily re- 
quired), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limi- 

(190) 



191 

tation sub-section (a) of Section 3, sub-sectioii (a) of Section 7 and 
sub-section (b) of Section 10 thereof. 

(c) The Code eni})owers 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. 

(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 aj^proved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Adinmistrative Officer. 
March 19, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 

RETAIL TRADE 

There is hereby added to Section 5, paragraph (2) of Schedule A 
of the Code of Fair Compeition for the Retail Trade, as amended, 
the following sub-paragraph : 

(g) The National Retail Drug Code Authority, and each local 
committee (whether known as a Local Retail Drug Code Authority, 
Metropolitan Retail Drug Code Authority, or otherwise) created 
under Schedule A, Section 5 of this Code, upon submission to 
the National Industrial Recovery Board of its proposed Certificate 
of Incorporation and By-laws, and upon procuring the written 
consent thereto of the National Industrial Recovery Board, may 
incorporate under the laws of any State of the United States or 
of the District of Columbia under the name of *' National Retail 
Drug Code Authority, Inc.'', or '" Local Retail Drug Code Authority 
for the (local area) Inc.'', or "Metropolitan Retail Drug Code 
Authority for the (metropolitan area). Inc.'' as the case may be; 
provided, however, that, to the extent that the National Intlustruil 
Recovery Board shall require, the powers, objects and purposes of 
each such corporation shall be limited to the powers, objects and pur- 
poses of such Code Authority as the same are now or may hereafter 
be defined in the said Code, or any amendments thereof, additions 
thereto or substitutions therefor; and provided, further, tiuit each 
such corporation shall exercise the powers given to it by the pro- 
visions of the said Code or any amendment thereof, additions thereto, 
or suVistitutions therefor only during the existence of such Code, 
amendments, additions, or substitutions; and provided, further, that 
no amendment to the said Certificate of Incorporation and By-Laws 
shall be made without submitting the same to the National Industrial 
Recovery Board and procuring its written consent thereto. The 
right to incorporate pursuant to the terms hereof is given upon the 
condition that the National Industrial Recovery Board, from time to 
time, upon such notice and/or hearing as it shall deem necessary, may 
require the Certificate of Incorporation, By-Laws, and corporate 
organization, or any of them, of any corporation formed pursuant 
thereto, to be amended or changed, and may suspend or revoke any 
or all of the powers granted to it hereunder, and it may do such 
other or further acts and things, in connection therewith, as it may 
deem necessary or proper. 

Approved Code No. 60 — Amendment No. 9. 
Registry No. 1625-2-02. 

(192) 



Approved Code No. 244H — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

ROOFING AND SHEET METAL CONTRACTING 

INDUSTRY 

As Approved on March 20, 1935 



OPtDER 

Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR THE Roofing and Sheet Metal 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 Roofing and Sheet 
Metal Contracting Industry, a Division of the Construction 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. 6b59. dated September 27, 1934 and otherwise; 
does hereby incorporate by reference said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policies and purposes of said title of said act; and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby amended to 
include an approval of said Code in its entirety as amended. 

National Industrial REC0^'ERY Board. 
By ^y. A. Harriman, Adfmnisfrafive Officer. 

Approval recommended : 
RoBT. N. Campbell. 

Acting Division Administrator. 

Washington, D. C, 

March 20, 1935. 

(1C3) 



EEPORT TO THE PRESIDENT 

The President, 

The White Bouse. 

SiK : This is a report on amendments to the Supplementary Code 
of Fair Competition for the Roofing and Sheet Metal Contracting 
Industry, a Division of the Construction Industry, which was ap- 
proved by you on May 10, 1934. 

The effects of these amendments will be: 

1. To require observance of safety and health standards. 

2. To prevent discrimination against employees who give evidence 
of violation of the Code. 

3. To change the name of the Code Authority and provide for the 
filling of vacancies in its membership. 

4. To provide for the establishment of impartial Survey Bureaus. 

5. To require that records otherwise required by the Code be 
kept accurately and be available for inspection to verify reports. 

6. To add the usual provision regarding assessment and par- 
ticipation in Code Authority activities. 

FINDINGS 

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

The 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 wJiich tend 
to diminish the amount thereof, and will provide for the general wel- 
fare b}' promoting the organization of industry for the purpose of 
coo]ierative 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 unemploy- 
ment, by imj^roving standards of labor, and by otherwise rehabilitat- 
ing industry. 

(b) The Code as amended complies in all respects with the i)er- 
tinent provisions of said Title of said Act, including without limita- 
tion subsection (a) of Section 3. subsection (a) of Section 7 and 
subsection (b) of Section 10 thereof. 

(c) The Code empowers the Divisional Code Authority to present 
the aforesaid amendments on behalf of the Industry as a whole. 

(194) 



195 

(d) The amendments and the Code as amended are not designed 
to and will not })ermit monopolies or monopolistic practices. 

(e) The amendments and the Code as amended are not desioned 
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, the National Industrial Recovery 
Board has approved said amendments to the Roofing and Sheet 
Metal Contracting Industry's Chapter of the Code of Fair Com- 
petition of the Construction Industry. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
March 20. 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE ROOFING AND SHEET 
METAL CONTRACTING INDUSTRY 

A DIVISION OF THE CONSTKUCTION INDUSTRY 

Article II. Section 7. Amend by adding sentence : 

After approval such standards shall become the minimum stand- 
ards of safety and health for all members of this Division and shall 
be enforceable as part of this code. 

Article II. Section 9. Amend by adding new section to be known 
as Section 9 : 

No employee shall be dismissed, demoted, or otherwise discrimi- 
nated against by reason of making a complaint or giving evidence 
with respect to an alleged violation of any code. 

Article III. Section 1. Amend by inserting the following words 
in the first line after the words '' Divisional Code Authority " : 
which may be known as the National Code Authority for the Roofing 
and Sheet Metal Contracting Division, 

Amend by adding paragraph : 

In the event of a vacancy caused by reason of death, resignation, 
disqualification or otherwise, occurring before the expiration of a 
term or before a successor has been elected, the remaining members 
shall elect a member to fill the vacancy to serve for the balance 
of the unexpired term or until a successor has been elected ; such 
member to be elected from the same subdivision or subdivisions 
of the industry and the same zone as the member he succeeds repre- 
sented, and shall be elected with the same consideration given to rep- 
resentation in respect to geographical location. 

Article III. Section 3. Amend by adding subsections : 
. (e) To establish or approve when it deems advisable impartial 
Surve}^ Bureaus for defined local districts, for the purpose of pro- 
viding a correct estimate or tabulation of quantities of materials 
required on projects. Any tabulation or estimate of quantities pro- 
vided by such a Survey Bureau must be itemized in a manner estab- 
lished by trade practice in the particular district and must not be 
priced. The Divisional Code Authority shall not establish or ap- 
prove any such Survey Bureau unless it is satisfied that such Bureau 
is impartial and fully competent and equipped to furnish tlie esti- 
mate or tabulation of quantities herein referred to, and until the 
approval of the National Industrial Recovery Board is obtained 
thereto. If the approval of the National Industrial Recovery Board 
is conditional such Survey Bureau shall be established or approved, 
subject .to such condition or conditions as appear in the National 
Industrial Recovery Board's Order. 

(f ) Each member of the industry shall keep accurate and complete 
records of its transactions in the incUistry whenever such records may 
be required under any of the provisions of this Code, and shall fur- 
nish accurate reports based upon such records concerning any of 
such activities when required by the Code Authority or the National 
Industrial Recovery Board. If the Code Authority or the Na- 

(196) 



197 

tional Iiuliistrial Kecovery Board shall determine that substantial 
doubt exists as to the accuracy of any such report, so much of the 
pertinent books, records and papers of such member as may be re- 
quired for the verification of such report may be examined by an 
im])artial agency, agreed upon between the Code Authority and 
such member, or, in the absence of agreement, appointed by the 
National Industrial Eecovery Board. In no case shall the facts dis- 
closed by such examination be made available in identifiable form 
to any competitor, whether on the Code Authority or otherwise, or 
be given any other publication, except such as may be required for 
the proper administration or enforcement of the provisions of this 
code. 

Article III. Section 4. Amend to read as follows : 

1. It being found necessary in order to support the administration 
of this Code and to maintain the standards of fair competition estab- 
lished hereunder and to etiectuate the policy of the Act, the Divi- 
sional Code Authority is authorized: 

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

(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary (1) an itemized budget of its estimated expenses 
for the foregoing purposes, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of this Division; 

(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 
proceedings 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 Divisional 
Code Authority, determined as hereinabove provided, and subject to 
rules and regulations pertaining thereto issued by the National 
Industrial Recovery Board. Only members of this Division 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 Divisional Code Authority or to receive the bene- 
fits 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 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 expenditure in excess 
of prior budget estimates except those which the National Industrial 
Recovery Board shall have so approved. 

Approved Code No. 244H — Amendment No. 1. 
Registry No. 1616-98. 

135637 — 35 9 



Approved Code No. 48 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SILK TEXTILE INDUSTRY 

As Approved on March 20, 1935 



ORDER 



Approvixg Amendment of Code of Fair Competition for the Silk 

Textile Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indusfrial 
Recovery Act. approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Silk Textile Industry, 
and a notice of an opportunity to be heard having been afforded 
thereon and the annexed report on said amendment, containing find- 
ings T\-ith respect thereto, having been made and directed to the 
President : 

^ NOW. THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it bv 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 : 
Prentiss L. Coonley, 

Division Admin istrator. 

Washington. D. C. 

March 20, 1935. 

(199) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on the results of the Notice of Opportunity 
to be Heard on tlie amendment to the Code of Fair Competition 
for the Silk Textile Industry, which was issued on February 19, 1935, 
with the provision that objections against the proposed amendment 
could be filed any time prior to March 11, 1935. The amendment, 
which is attached, was presented by the duly qualified and author- 
ized representatives of the Industry complying with statutory 
requirements. 

In accordance with customary procedure all objections were given 
due consideration, and all statutory and regulatory requirements 
were complied with. 

PROVISIONS or THE AMENDMENT 

This amendment is the standard approved non-partnership non- 
liability clause. 

FINDINGS 

The Deputy Administartor in his final report to the National Indus- 
trial Recovery Board on said amendment to said Code having found as 
herein set forth and on the basis of all the proceedings in this matter : 

It finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and maintain- 
ing united action of labor and management under adequate govern- 
mental sanction and supervision, 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 unemploy- 
ment, by improving the standards of labor, and by otherwise rehabil- 
itating 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- 
s^aid amendment on behalf of the Industry as a whole. 

(200) 



201 

(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 lo 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 Xational Industrial Recovery Board : 

W. A. Harriman, 

A dministi-ative officer. 
March 20. 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SILK TEXTILE INDUSTRY 

Article VI is hereby amended by the addition of a new section 6 
which reads 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 be liable in any manner to anyone for 
any act of any other member, officer, agent or employee of the Code 
Authority. Nor shall any member of the Code Authority, exercis- 
ing reasonable diligence in the conduct of the duties hereunder, be 
liable to anj'One for any action or omission to act under this Code, 
except for his own wilful malfeasance or nonfeasance. 

Approved Code No. 48 — Ameudmeut No. 6. 
Registry No. 263-01. 

(202) 



Approved Code No. 99 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ASPHALT SHINGLE AND ROOFING 
MANUFACTURING INDUSTRY 

As Approved on March 21, 1935 



ORDER 



Approving Amendment or Code of Fair Competition for the 
Asphalt Shingle and Roofing Manufactuking 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 Asphalt Shingle and 
Roofing Manufacturing Industry, and hearings having been duly 
held thereon and the annexed report on said amendment, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive orders of the President, including 
Executive Order No. 6859, 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 amend- 
ment 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 Recov- 
ery Board issues a subsequent order to that effect ; provided, however, 
that such approval and such amendment shall remain in effect until 
modified or terminated by a further order of the National Industrial 
Recovery Board. 

National Industrial Reco\-ery Board, 
By W. A. Harriman, Administrative 0-fJicer. 

Approval recommended : 
^Y. p. Ellis, 

D ivision Administrator'. 



Washington, D. C. 

, 1935. 

(203) 



March 21, 1935. 



KEPORT TO THE PRESIDENT 

The President, 

The WJufe 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 
Asphalt Shingle and Roofing Manufacturing Industry, submitted 
by the Code Authority for the Asphalt Shingle and Roofing Manu- 
facturing Industry. 

The purpose and effect of the amendment is to provide that those 
members of the Industry who may desire to do so may enter into 
an agreement among themselves for payment of liquidated damages 
upon determination by the National Industrial Recovery Board or 
other agency established as provided in the amendment, of viola- 
tion of any provision of the Code of Fair Competition for the 
Asphalt Shingle and Roofing Manufacturing Industry. 

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 Recoveiy Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate 
governmental sanction an dsuper vision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said title of said act, including without limitation 
subsection (a) of section 3, subsection (a) of section 7 and subsection 
(b) of section 10 thereof. 

(c) The 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 j)rior to approval of 
said amendment. 

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

W, A. Harrimax, 

Administrative Officer. 
March 21, 1935. 

(204) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ASPHALT SHINGLE AND ROOFING MANUFAC- 
TURING INDUSTRY 

Article XIV — Liquidated Damage Agreement 

Recognizing that the violation by any member of the Industry of 
any provision of this Code will disrupt the normal course of fair 
competition in the industry and cause serious damage to others, and 
that it will be impossible accurately to determine the amount of such 
damage, it is hereby provided that those members who may desire 
to do so may enter into an agreement among themselves embodying 
the following provisions : 

Sectiox 1. Each member of the Industry assenting to the agree- 
ment and violating any provision of this Code shall pay to the 
Treasurer of the Code Authority, as an individual and not as Treas- 
urer, in trust, as and for liquidated damages, upon determination of 
violation by the National Industrial Recovery Board or any im- 
partial agency or person nominated by the Code Authority or des- 
ignated by the assenters to this agreement and approved by the 
National Industrial Recovery Board, amounts as set forth below : 

(a) For the violation of any wage provision, an amount equal to 
the difference between the wages which have been paid and the wages 
which would have been paid if the member had complied with the 
applicable provisions of the Code ; 

(b) For the violation of any hour provision, an amount equal to 
the wages payable for the overtime at the regular rate payable under 
the terms of the Code, to the employee or employees who worked 
overtime ; 

(c) For the violation of any labor provision of the Code other 
than an hour or wage provision, one hundred ($100.00) dollars; 

(d) For the violation of any provision of the Code (other than a 
labor provision) involving a transaction incidental to or connected 
with a sale of an^- product of the Industry, an amount equal to 
twenty-five percent of the actual selling price of the product sold in 
violation of am' such provision, or of the net price at which the 
products should have been sold under the Code, if determinable, 
whichever is the higher ; 

(e) For the violation of any provision of the Code (other than a 
labor provision) not involving a transaction incidental to or con- 
nected with a sale of any product of the Industrv, Two hundred and 
fifty ($250.00) dollars. 

Section 2. Each m.ember of the Industry assenting to this article 
shall furnish the Treasurer of the Code Authority, as an individual, 
with the bond of a surety company, approved for the purpose by 
the Code Authority, providing for the payment to the Treasurer 
by said Surety Company of any and ail damages, payable from 

(205) 



206 

time to time by such member to the Treasurer, individually, pur- 
suant to the provisions of this article. The bond so furnished shall 
be in the form approved by the Code Authority. All such pay- 
ments shall be due and payable by the Surety Company promptly 
upon receipt of a certificate of the Code Authority, signed by the 
Chairman or by any three members thereof, certifying to the Surety 
Company that damages in a specified amount have been duly as- 
sessed against said member pursuant to this article; that demand 
for the payment there(jf has been duly made upon said member 
of the Industry; that three days have elapsed since such demand, 
and that the said damages have not been paid. The bond so fur- 
nished shall be in a sum determined by the Code Authority witii 
the approval of the member furnishing the same but such sum shall 
in no case be less than $5,000.00 nor more than $50,000.00. The 
member furnishing the bond shall maintain the same in effect dur- 
ing the life of this agreement. In the event of an assessment for 
damages being set aside, the Treasurer shall return to the member 
of the Industry or to the Surety Company, whichever paid the 
same, any amount found to have been improperly assessed. 

Section 3. 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 dam- 
ages paid therefor shall be made among all employees directly af- 
fected by such violation ; Second, if the violation shall have been 
of a Code provision other than a labor provision, the damages aris- 
ing therefrom shall be utilized to defray proper expenses of Code 
Administration, and the balance, if any, remaining in the hands of 
the Treasurer shall be distributed semi-annually among members of 
the Industry who have assented hereto and who have not been 
determined to have been guilty of a violation of a Code provision 
during the preceding semi-annual period, on the basis of the most 
recent assessment made against members of the Industr}^ for the 
expense of Code administration. 

Section 4. Assent to this article by any member of the Industry 
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. B}^ so assenting, each member agrees with every other mem- 
ber and the Treasurer, individually (1) that violation of a Code pro- 
vision shall breach this agreement and shall render the violator 
liable for the payment of licjuidated damages as herein provided, 
(2) all rights and causes of action arising hereunder are assigned 
to the Treasurer, individually and in trust, and (3) that the Treas- 
urer, as such assignee and as attorney in fact for each assenting 
member, may take all proper legal action concerning damages found 
due hereunder. 

Section 5. The Code Authority may waive liability for payment 
of liquidated damages for any violation it finds to have been inno- 
cently made and resulting in no material injury, and may reduce the 
amount of damages assessed against a member of the Industry. If, 
in the opinion of tlie Code Authority, such reduction in the case 
under consideration would be equitable and would further the pur- 
poses of the National Industrial Recovery Act. 



207 

Section 6. The Treasurer of the Code Authority, as an individual, 
and not as Treasurer, by accepting office or continuing in 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. 

Sectiox 7. This contract may be terminated by vote of two-thirds 
(%) of the parties hereto, such termination to take effect immediately 
upon notice in writing to said Treasurer of the Code Authority; 
provided, however, such termination shall not relieve any member 
from payment of liquidated damages due as a result of any violation 
committed prior to said termination. 

Section 8. Nothing contained herein shall be construed or applied 
to (a) deprive any person of any right or right of action arising out 
of this Code, or (b) relieve any member of the Industry from any 
contractual or legal obligation arising out of this Code or of the 
Act or otherwise; nor shall violation of this agreement by an assent- 
ing member be deemed a violation of the Code, so as to subject the 
violator to any consequence arising under Section 3 (b), Section 
3 (c), or Section 3 (f) of the National Industrial Recovery Act, nor 
to any criminal prosecution of any kind. 

Appi'oved Code No. 99 — Amendment No. 1. 
Registry No. 1003-1-01. 



Approved Code No. 463 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANDY MANUFACTURING INDUSTRY 

As Approved on March 21, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Candy 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 Candy Manufacturing 
Industry, and opportunity to be heard having- been afforded all 
members of such industry, and no objections, criticisms or suggestions 
having been submitted or filed by anyone, and the annexed report 
on said amendment, containing findings with respect thereto, having 
been made and directed to the President: 

^ NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said amendment 
and the Code as constituted after being amended comply in all 
respects with the pertinent provisions and will promote the policy 
and purposes of said title of said act, and does hereby order that 
said amendment be and it is hereby approved, and that the previous 
approval of said Code is hereby modified to include an approval of 
Code in its entirety as amended. 

National Int-ustrial Recovery Board, 
By W. A. Harriman, Admiiiistrative Oificer. 

Approval recommended : 
Armin W. Riley, 

Division Adminisfrafor. 

"Washington. D. C. 

March 21, 1935. 

(209) 



KEPORT TO THE PRESIDENT 

The President, 

The 'White House. 
Sir: This is a report on an amendment to Article VIII, Rule 17 
of the approved Code of Fair Competition for the Candy Manufac- 
turing Industry, No. 463. This Code was approved by you on June 

11, 1931:. 

The Code Authority for the Candy Manufacturing Industry, pur- 
suant to the provisions of Article VI, Section 9 (h) of said Code, 
having found it necessary in order to support the administration of 
the Code and to maintain the standards of fair competition, have 
petitioned the National Industrial Recovery Board to amend Article 
VIII, Rule IT of the Code by designating subsection (c) of Section 
2 thereof as Section 3. 

The effect of the proposed redesignation is to prohibit members 
of the industry from granting credit or other allowance or replace- 
ment beyond six months from the date of shipment when the candy 
is returned because of defects in package, quality, or appearance. 
The Code as written prohibits a manufacturer from granting credit 
be^^ond six months from the date of shipment when the candy is 
returned because of manufacturing defects but not when the candy 
is returned because of defects in j^ackage, quality or appearance. 

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 includino- 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 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 
subsection (a) of section 3, subsection (a) of section 7 and subsection 
(b) of section 10 thereof. 

(210) 



211 

(c) The Code empowers the Code Authoritv 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, therefore, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Hareiman, 

Ad')mnistrative Office}'. 
March 21, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CANDY MANUFACTURING INDUSTRY 

Amend Article VIII, Rule 17, by redesignating subsection (c) of 
Section 2 thereof as Section 3 so as to read as follows : 

" Section 3. No credit or other allowance or replacement shall be 
granted by the member to a buyer, beyond six (6) months from ship- 
ment of the candy by the member to the buyer." 

Approved Code No. 463 — Amendment No. 1. 
Registry No. 114-19. 

(212) 



Approved Code No. 145 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FURNITURE MANUFACTURING INDUSTRY 

As Approved on March 21, 1935 



OKDER 



Approving Amendment of Code or Fair Competition for the 
Furniture Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act. approved June 16. 1933, for approval of an amendment 
to a Code of Fair Competition for the Furniture Manufacturing 
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 di- 
rected to the President : 

XOW. THEREFORE, on behalf of the President of the United 
States, the National Industrial Recoveiw Board, pursuant to author- 
ity vested in it b}' Executive Orders of the President, including 
Executive Order No. 6859, dated Sejjtember 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 hereb}^ 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: 
John AV. Upp, 

Acting Division Administrator. 

Washington, D. C, 

March 21, 1935. 



ISoOoT— 35 10 



(213) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on an amendment to the Code of Fair 
Comj^etition for the Furniture Manufacturing Industry designed 
to permit incorporation of the Code Authority. This amendment 
was proposed in accordance with Article IX of the Code as approved 
on December 7, 1933. Notice of Opportunity to be Heard was 
given from February 7 to February 28, 1935. No objection has 
been filed against this amendment. 

FINDINGS 

The Acting 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 proceedings in this matter: 

The Amendment of Article VI, Section 1, will permit the incor- 
poration of the Code Authority of the Industry. 

Findings : It has been found necessary in order to assist the Code 
Authority in functioning in a more flexible and efficient manner, 
to incorporate a provision in the Code permitting the Code Authority 
to act as a corporate entity. 

GENERAL FINDINGS 

On the basis of all the evidence in this matter and the studies 
and findings of the Advisory Boards, I find that this amendment 
and the Code, as constituted after being amended, will comply with 
the provisions of the Act: 

(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, b}" 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 
required), by increasing the consumption of industrial and agri- 
cultural products through increasing purchasing power, by reducing 
and relieving unemployment, bv 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 limi- 

(214) 



215 

tation Subsection (a) of Section 3, Sul)section (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) Tlie Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

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

W. A. Harriman, 

Arhmnistratwe Oificer. 
March 21, 1935. 



A^IENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FURNITURE MANUFACTURING INDUSTRY 

Amend Article VI, Section 1, by adding the following Subsec- 
tions (e) and (f ) : 

(e) The Code Authority may incorporate under the laws of any 
State of the United States or of the District of Columbia, such incor- 
poration to be not for profit and to be known as the "' Furniture Code 
Authority"; provided that the powers, duties, objects and purposes 
of the said corporation shall, to the satisfaction of the National 
Industrial Recovery Board, be limited to the powers, duties, objects 
and purposes of the Code Authorit}- as provided in the Code; pro- 
vided further that the Code Authority shall submit to the National 
Industrial Recovery Board for approval 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 Indus- 
trial Recover}' Board. 

(f ) If at any time, the National Industrial Recovery Board shall 
determine that the corporate status assumed by the Code Authority 
is interfering with the projDer 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 maj^ be deemed neces- 
sary, require an appropriate modification of the structure of the 
Corporation, the substitution of a corporation created under the 
Laws of another State for this purpose, the substitution of a non- 
corporate Code Authority truly representative of the Industry or 
such action as may be deemed expedient. 

Approved Code No. 145 — Amendment No. 4. 
Registry No. 312-1-10. 

(216) 



I 



Approved Code No. 239 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PORCELAIN BREAKFAST FURNITURE 
ASSEMBLING INDUSTRY 

As Approved on March 21, 1935 



ORDER 



Approving Amendment of Code or Fair Competitiox for the 
Porcelain Breakfast Furniture Assembling Industry 

An application having been diil}^ 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 Porcelain Breakfast 
Furniture Assembling Industry, and an opportunity to be heard 
having been duly afforded to all interested parties and the annexed 
report on said amendment, containing findings with respect thereto, 
having been made and directed to the President; 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859. and otherwise; does hereb}- 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 ajDproval of 
said Code in its entirety as amended. 

National Industrial Reco\-ert Board, 
By W. A. Harriman, Adininistrative Officer. 

Approval recommended : 
John W. Upp. 

Acting Division Adviinistrator. 

Washington, D, C. 

March 21, 1935. 

(217) 



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 Porcelain Breakfast Furniture Assembling In- 
dustry, to incorporate provisions governing open price filing and 
pricing practices. This amendment was proposed in accordance with 
Article IX of the Code as approved on July 27, 1934. Notice of Op- 
portunity to be Heard was given from March 1, 1935 to March 
]o, 1935. 

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 
proceedings in this matter: 

The Amendment of Part B of Article VII incorporates the pro- 
visions for open price filing and pricing practices as set forth in 
Office Memorandum No. 228, dated June 7, 1934. 

Findings: The Code as approved, contained provisions for price 
filing which have since been found inadequate. This amendment 
will clarify these provisions and bring said code more into line with 
establishecl N. R. A. policy. 

GENERAL FINDINGS 

(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 jDrovide for the general 
welfare b}^ promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promotinf^ 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, b}^ 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 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. 

(218) 



219 

(d) The amendinont 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 entraged in other steps of the economic process have 
not been deprivSl of the right to be heard prior to approval of said 
amendment. 

For the National Industrial Eecovery Board : 

W. A. Harriman, 

Administrative Oijicer, 

March 21, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PORCELAIN BREAKFAST FURNITURE ASSEM- 
BLING INDUSTRY 

Amend Article VII, by deleting Section 11 of Part B and adding 
the following Sections : 

" Section 11. Each member of the Industry shall file with a con- 
fidential and disinterested agent of the Code Authority, or if none, 
then with such an agent designated by the National Industrial Re- 
covery Board, identified lists of all his prices, discounts, rebates, al- 
lowances, and all other terms or conditions, of sale hereinafter re- 
ferred to as ' price terms ', which lists shall completely and accu- 
rately conform to and represent the individual pricing practices of 
each member. Such lists shall contain the price terms for all such 
standard products of the Industry as are sold or offered for sale 
b}' 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 approval 
of this provision. Price terms and revised price terms shall become 
effective 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 said receipt. Said 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 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 avail- 
able for inspection by any of their customers at the office of said 
agent. Said lists or revisions, or any part thereof, shall not be 
made available to any person until released to all members of the 
industry and their customers, as aforesaid ; provided, that prices filed 
in the first instance shall not be released until the exi)iration of the 
aforesaid ten day period after the approval of this amendment. 
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 by 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 Board, copies of any such lists or revisions of price 
terms. 

Section 12. Wlien any member of the industry has filed any 
revision, such member shall not file a higher price within forty- 
eight (48) hours. 

Section 13. 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 Section 11 of Part B of Article 
VII hereof, except in accordance with such terms. 

Section 14. 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 i ause any member of the Industry 
to change his price terms by the use of intimidation, coercion, or any 

(220) 



221 

other influence incoii^^i>tent Avitli the maintenance of the free and 
open market which it is the purpose of Sections 11 of Part B of 
Article Yll hereof, to IG of this Article to create. 

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

(a) AYiifulI}^ destructive price cutting is an unfair method of 
comjDetition. and is forbidden. Any member of the industry, or of 
any other industry, or the customers of either, may at any time com- 
})lain to the Code Authoi'ity that any filed price constitutes unfair 
competition as destructive price cutting, imperiling small enterprise, 
or tending toward monopoly, or the impairment of Code wages and 
working conditioris. The Code Authority shall within five days 
afford an opi^ortunity to the member filing the price to answer such 
complaint, and shall within fourteen (14) days make a ruling or 
adjustment thereon. If such ruling is not concurred in by either 
part}' to the complaint, all papers shall be referred to the Research 
and Planning Division of X. R. A., which shall render a report and 
recommendation thereon to the Xational Industrial Board. 

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

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

Section IG. (a) If the National Industrial Recovers Board, after 
investigation, shall at any time find both (1) that an emergency 
has arisen within the industr}^ 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 miti- 
gate 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 Xational Indus- 
trial Recovery Board a determination of the stated minimum price 
of the product affected by the emergency, and thereupon the Board 
shall proceed to determine such stated minimum price. 

(b) When the National Industrial Recovery Board shall have deter- 
mined 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. There- 
after, during such stated period, no member of the industry, shall sell 
such specified products 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 Code Authority may recommend 
review or reconsideration or the National Industrial Recovery Board 
may cause any determinations hereunder to be reviewed or recon- 
sidered and appropriae action taken. 

Section 12 of Arti;-le VII, Part B, is renumbered to read Section 17. 

Approved Code No. 230 — Anienduient No. 2. 
Registry No. 312-04. 



Approved Code No. 256 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SCHIFFLI, THE HAND MACHINE EMBROIDERY, 
AND THE EMBROIDERY THREAD AND SCALLOP 
CUTTING INDUSTRIES 

As Approved on March 21, 1935 



ORDER 



Approving Amexdmext or Code of Fair Competition for the 
ScHiFFLi, the Hand Machine Embroidery, and the Embroidery 
Thread and Scallop Cutting Industries 

An api^lication 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 IG, 1933 for approval of an 
amendment to the Code of Fair Competition for the Schiffli. the 
Hand Machine Embroidery, and the Embroidery Thread and Scal- 
lop Cutting Industries, and Notice of Opportunity to be Heard 
being issued simultaneously with this recommendation, 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 6859 dated September 27, 1934 and otherwise does hereby 
incorporate by reference said annexed report and does find that 
said amendment and the Code as constituted after being amended 
comply in all respects with the pertinent provisions and will pro- 
mote the policies and purposes of said title of said Act and does 
hereby order that said amendment be and it is hereby approved and 
that the previous approval of said Code is hereby modified to in- 
clude 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 Na- 
tional Industrial Recoverv Board issues a subsequent Order to that 
Effect. 

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

Approval recommended : 
Prentiss L. Coonley, 

Division AdTYiinistrator. 
Washington, D. C, 

March 21, 1935. 

(223) 



EEPOET TO THE PEESIDENT 

The President, 

The ^ylute House. 

Sir : On July 31. 1934. there was approved and a report rendered 
10 you on an Amendment to the Code of Fair Competition for the 
Schiffli, The Hand Machine Embroidery, and the Embroidery 
Thread and Scallop Cutting Industries in which reference was made 
to a Subsection (f) of Section 8 of Article V of the Code as ap- 
proved February 2, 1934. Later, upon examination of the Code 
and that Amendment, it was found that the reference was inac- 
curate and Section 8 of Article Y did not contain a Subsection (f). 
An error was made in drafting the Amendment and reference to 
Subsection (f) of Section 9 of Article V was intended instead of 
Subsection (f ) of Section 8 of Article V. 

To correct this inaccurate reference the Code Authority of the 
Schiffli, The Hand Machine Embroider}', and the Embroidery 
Thread and Scallop Cutting Industries submitted to the National 
Recovery Administration this Amendment in wiiich 3'ou will note 
tliat the part in which the error was made is restated correctly. 

After its receipt from the Code Authority this Amendment was 
circulated among the Advisory Boards of the National Recovery 
Administration and received their approval. 

To afford an opportunity to all interested parties to be heard 
prior to the effective date of this Amendment, on this date a Notice 
of Opportunity to be Heard is being published. In this Notice 
ia stated the rights of all those interested to file criticisms, objections 
or suggestions prior to the effective date of the Amendment wliich 
will be twenty days from today unless by any such criticism, objec- 
tion or suggestions filed, good cause to the contrary is shown and 
the National Industrial Recovery Board issues a subsequent Order 
to that effect. 

FIXDIXGS 

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: 

We find that: 

(a) The Amendment to said Code and the Code as Amended 
are well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action of labor and management under 
adequate governmental sanction and supervision, by eliminating 

(224) 



225 

unfair competitive practices, by promoting the fullest possible utili- 
zation of the present productive capacity of industries, b}^ avoiding 
undue resti'ictioii of production (except as may be temporarily 
required), by increasing the consumption of industrial and agri- 
cultural products through increasing ])urchasing power, by reducing 
and relieving unem])loyment. by improving standards of labor, and 
by otherwise rehabilitating industry. 

(b) The Code as Amended complies in all respects with the perti- 
nent ]3rovisions 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 -^limirate 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 effective 
date of said Amendment. 

For these reasons this Amendment has been approved. 
For the Xational Industrial Recovery Board : 

W. A, Harrimax, 

Administrative Oificer. 
March 21, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
SCHIFFLI. THE HAND MACHINE EMBROIDERY, AND 
THE EMBROIDERY THREAD AND SCALLOP CUTTING 
INDUSTRIES 

The first sentence of Amendment No, 1 (approved by Order No. 
256-9, dated July 31, 1934) to said Code is hereby changed to read 
as follows: 

Subsection (f ) of Section 9, Article V of the Code shall be deleted^ 
and Subsections (g), (h), (i), (j), (k), (1), (m), (n), (o) and 
(p) following shall be re-lettered as Subsections (f), (g), (h), (i), 
(j), (k), (1), (m), (n) and (o) respectively. 

Approved Code No. 256 — Amendment No. 2. ' 

Registry No. 231-1-05. 

(226) 



Approved Code No. 235 — Amendment No. 7 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

TEXTILE PROCESSING INDUSTRY 

As Approved on March 21, 1935 



ORDEK 



AppRO\^NG Amendment or Code of Fair Competition for the 
Textile Processing Industry 

An application having been duly made by the Code Authority of 
tlie Textile Processing Industry pursuant to and in full compliance 
Avith the provisions of Title I of the National Industrial Recovery 
Act. approved June 16. 1933, for approval of an amendment to 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 : 

XOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order 6859, dated September 27, 1934, and otherwise, does 
hereby incorporate, by reference, said annexed report and does find 
that said amendment and the Code as constituted after 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, Administraflve Officer. 

Approval recommended : 
Prentice L. Coonley, 

Division Achninistrator., 

Washington, D. C, 

March n, 1935 

(227) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sm: This is a report on the results of the Notice of Opportunity 
to File Objections to the Amendment to the Code of Fair Competi- 
tion for the Textile Processing Industry', which was issued January 
22, 1935, with the provision that objections against the proposed 
Amendment could be filed any time prior to February 11, 1935. 
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 OF THE AMENDMENT 

This Amendment provides for the filing of certain reports with 
the Code Authority by members of the Industry. 

FINDINGS 

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 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 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 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), 
bv increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing i)ower, by reducing and reliev- 
ing unemplo3anent, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(Id) 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. 

(228) 



229 

(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 
discriminate agaianst 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. 
March 21, 1935. 



135637—35- 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE TEXTILE PROCESSING INDUSTRY 

Article III is hereby amended by the addition of a new Section 
No. 7 to read as follows : 

7. The Code x\.uthority may collect the following statistical data 
from members of the industry : 

(a) Report from each member of the industry, listing the names 
of all employees, the actual hours of employment, and the actual 
wages paid each employee for the week ended on or the nearest day 
to May 1, 1933. 

(b) Reports from each member of the industry, listing the names 
of all employees, occupational classification, actual hours of employ- 
ment, and actual wages paid each employee for each weekly period 
or for such lonojer period and/or in such other modified or summary 
form as shall be required by the Code Authority. 

(c) Reports from each member of the industry of the total units 
produced and/or of services and/or products sold and the aggregate 
amount charged for such service and/or products sold for the period 
of such reports. Such reports shall be classified according to the 
products produced and/or the service and/or products sold and shall 
be filed at such times and for such periods as shall be designated by 
the Code Authority. 

Approved Code No. 235 — Amendment No. 7. 
Registry No. 299-1-13. 

(230) 



Approved Code No. 161 — Amendments No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUR DRESSING AND FUR DYEING INDUSTRY 

As Approved on March 23, 1935 



ORDER 



Approving Amendment or Code or Fair Competition for the Fur 
Dressing and Fur Dyeing 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 Fur Dressing and Fur 
Dyeing Industry, and hearings having been duly held thereon and 
the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate by 
reference said annexed report and does find that said amendment and 
the code as constituted, after being amended, comply in all respects 
with the pertinent provisions and will promote the 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, Adminis^mtive Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 
Washington, D. C. 

March 23, 1935. 

(231) 



REPORT TO THE PRESIDENT 

The Presidext, 

The White House. 
Sir : This is a report on the amendment to the Code of Fair Compe- 
tition for the Fur Dressing and Fur Dyeing Industry and on the 
hearing conducted thereon in Washington, D. C, on December 20, 
1934, in accordance with the provisions of Title I of the National 
Industrial Recovery Act. 

GENERAL STATEMENT 

The Code Authority of the Fur Dressing and Fur Dyeing Industry 
has availed itself of the provision in Section 2 of Article X of the 
Code of Fair Competition for the Fur Dressing and Fur Dyeing 
Industrv. approved by the Administrator on the 18th of December, 
1933. 

RESTTME OF AMENDMENT 

1. The amendment calls for the deletion of Section 6, Article III 
of the Code, which was incorporated in the Code as part of Amend- 
ment No. 1, approved June 30, 1934. 

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

The National Industrial Recovery Board finds that : 

(a) The amendment to 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), b}' increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

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

(c) The Code empowers the Code Authority to present the afore- 
said amendment in behalf of the Industry as a whole. 

(232) 



233 

(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 Avill 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. Hakkiman, 
Admirdstrative Offtcer. 
March 23, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
FUR DRESSING AND FUR DYEING INDUSTRY 

1. To amend the Code of Fair Competition for the Fur Dressing 
and Fur Dyeing Industry by the deletion of Article III, Section 6. 

Approved Code No. 161 — Amendment No. 6. 
Registry No. 911-2S. 

(234) 



Approved Code No. 46 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MOTOR VEHICLE RETAILING TRADE 

As Approved on March 23, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Motor 
Vehicle Retailing Trade 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Motor Vehicle Retail- 
ing Trade, and hearings having been duly held thereon and the 
annexed report on said amendment, containing findings with respect 
thereto, having been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment of said Code be and it is 
hereby approved, and that the previous approval of said Code is 
hereby amended to include an approval of said Code in its entirety 
as amended ; provided that this amendment shall be effective only on 
Official Guides compiled and published in accordance with the perti- 
nent provisions of this amendment, and provided, further, that all 
Official Guides effective on and after April 10, 1935 shall be compiled 
and published in conformity with the pertinent provisions of this 
amendment. 

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

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

March 23, 1936. 

(235) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir: An application has been duly made pursuant to and in full 
compliance with the provisions of the National Industrial Recovery 
Act, for an amendment to the Code of Fair Competition for the 
Motor Vehicle Retailing Trade, submitted by the National Control 
Committee on behalf of the Emergency National Committee. 

The purpose and effect of the amendment are to clarify and make 
more equitable the procedure now in effect, permitting members of 
the Trade to accept used motor vehicles in lieu of money in the sale 
of any motor vehicle, and to provide a record for establishment of 
maximum used motor vehicle allowances as determined by this 
procedure. 

FINDINGS 

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

We find that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act, including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action among trade groups, by inducing 
and maintaining united action of labor and management under 
adequate governmental sanction and supervision, by eliminating 
unfair competitive practices, by promoting the fullest possible utili- 
zation of the present productive capacity of industries, by avoiding 
undue restriction of production (except as may be temporarily 
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 industrv. 

(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. 

(236) 



237 

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

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

W. A. Harriman, 

Administrative Ofjicer. 
March 23, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MOTOR VEHICLE RETAILING TRADE 

Delete Article IV-A, with the exception of subsection (d) of 
Section (4) and Sections (5) and (6), and substitute therefor the 
following : 

Article IV — Trade Regulations 

The provisions of this article will cover the following motor ve- 
hicles: Passenger cars, trucks, and commercial vehicles with bodies 
of % ton capacity and less, or such other capacity limitation as 
may be deemed proper by the National Recovery Administration. 

A. USED MOTOR VEHICLE ALLOWANCE 

In order to further mitigate the destructive practices which have 
resulted from the lack of a measure of value for used motor vehicles 
which dealers find it necessary to accept in lieu of money in the 
sale of motor vehicles and to promote fair and equitable treatment 
of the consumers of both new and used motor vehicles, this Trade 
agrees : 

(1) The term fair market value of any series, model and body 
type (hereinafter referred to as model) of used motor vehicle is 
defined as a value for the better grade of such class of vehicles and 
which value is reasonably related to the average price that the public 
is paying for such class of motor vehicle and shall be ascertained by 
the Association subject to the approval of the National Recovery 
Administration as hereinafter provided. 

(2) In ascertaining the fair market values specified in section (1) 
the Association shall compile the reports of dealers within the same 
or comparable trading areas, supported by sworn statements as to 
authenticity, showing actual retail sales of used motor vehicles to 
consumers during the preceding period of approximately thirty 
(30) days. To insure that the fair market value determined is 
indicative of the value of the better grade of used motor vehicles, 
there shall be included in the computation only those sales reported 
for each model which represent the sales prices actually obtained 
in normal transactions involving the sale of better grade used 
motor vehicles. The final determination of the fair market value 
for any individual model shall be in reasonable relationship with 
the majority of the fair market values jirevailing for the various 
models of better grade motor vehicles of that particular make. 

For all models lacking sufficient current sales to develop the 
fair market value by the method above described, the fair market 
value shall be determined by establishing such value upon the basis 
of those values shown by the computation of actual sales and other 
pertinent information which is available, to the end that this value 

(238) 



239 

shall then be in reasonable relationship with the fair market values 
determined for similar or comparable models of used motor ve- 
hicles. The values so established shall from time to time be further 
surveyed by being sent to approximately 10% of the new motor 
vehicle dealers, if any. in each Official Guide area concerned han- 
dling that particular make of car, for their review. All comments re- 
ceived from such dealers, within a reasonable time, shall be con- 
sidered in the tinal determination of the fair market values for such 
models. 

(8) Xo dealer shall, directly or indirectly, or by subterfuge, accept 
in trade in lieu of money, any used motor vehicle, giving an allow- 
ance price of more than its lair market value as published in the 
Official Guide, hereinafter described, less a minimum selling and 
handling charge of 15%, fractions of a dollar to be disregarded; 
provided, that the only limitation placed on the trade-in allowance 
for the current yearly models until the maxunum allowances for such 
models are published in the Official Guide is that no dealer shall 
allow more than the local new motor vehicle delivered price for 
such motor vehicle. It is further provided that for other models 
on which a fair market value is not published in the Official Guide 
formulae for determining the maximum trade-in allowances shall 
be published in the Official Guide in accordance with the provisions 
of Section (4) subsection (c) below, and no dealer shall accept in 
trade any such used motor vehicle at an allowance greater than that 
determined by such formulae. 

(4) (a) To provide a record for the establishment of maximum 
used motor vehicle allowances specified in Section (3) above, there 
shall be provided by the Association an Official Guide which shall 
be recognized as the Official Authority for such allowances. Said 
Official Guide shall contain the maximum trade-in allowance as pro- 
vided in Section (3) and/or the fair market values ascertained as 
provided in Section (2). The Association shall publish such Official 
Guide as frequently as deemed advisable but in no case less fre- 
quently than appi-oximately every sixty (60) daj's. 

(b) Each dealer shall send the Association a used car sales report 
covering each used motor vehicle sold to the consuming public. 
Such report shall be forwarded promptly after the delivery of the 
car sold and all reports shall be forwarded at least weekly. A 
sworn statement covering all reports of such sales in each month 
shall be sent to the Association not later than the fifth day of the 
following month and such sworn statement shall show that reports 
have been made for all such used car sales during such previous 
months, and in the event no used car sales have been made during 
such month, the dealers shall so report in said sworn statement. 

(c) To insure that the fair market values and the maximum trade- 
in allowances are determined in accordance with the intent of the 
provisions of Article IV-A, Sections (1), (2), (3) and (4) (a) 
and (b). the determination thereof shall be subject to the approval 
of the Xational Recovery Administration, which shall be afforded 
access to all records and operations relating therto. 

Upon determination by a representative designated by the Na- 
tional Recovery Administration that each issue of the Official Guide 
conforms with the provisions hereof and with such conditions as 



240 

the National Recovery Administration may stipulate as necessary 
prior to approval, a copy of such issue shall be so certified by such 
representative. 

Thereupon said copy shall be submitted for the approval of the 
National Industrial Recovery Board, and upon approval, shall, to- 
gether with the order of approval, constitute the official record of 
such action.^ 

(c-1) The Official Guide shall be made available to all motor 
vehicle dealers at a price without profit, and to all other interested 
parties at a reasonable price. 

Approved Code No. 46 — Amendment No. 5. 
Registry No. 1403-32. 



' See paragraph 2 of order approving tbis Amendment. 



Approved Code No. 129 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

RADIO BROADCASTING INDUSTRY 

As Approved on March 23, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Radio 
Broadcasting Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Indus- 
trial Recovery Act, approved June 16, 1933, for approval of amend- 
ment to the Code of Fair Competition for the Radio Broadcasting 
Industry, which amendment is annexed hereto, and opportunity to 
be heard having been afforded to all members of said Industry, and the 
Deputy Administrator having rendered his report containing an 
analysis of the said amendment, together with his findings and recom- 
mendations with respect thereto, which said report, recommendations 
and findings are annexed hereto : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to authority 
vested in it by ExecutiA^e Orders of the President, including Executive 
Order No. 6859, dated September 27, 1934, and otherwise, does hereby 
ai^prove and adopt the said report, recommendations and findings, 
and does further find that said amendment and the Code as consti- 
tuted, after being amended, comply in all respects with the pertinent 
provisions and will promote the policy and purposes of said Title 
of said Act, and does hereby order that said annexed amendment be 
and it is hereby approved, and that the previous approval of said 
Code is hereb}' 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 : 
Sol a. Rosenblatt, 

Division Admini strict or. 

Washington, D. C, 

March 23, 1935. 

(241) 



EEPORT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

National Industrial Recovery Board, 
National Recovery Administration^ 

Washington^ D. C . 

Gentlemen: This is a report on a proposed amendment to the 
Code of Fair Competition for the Radio Broadcasting Industry. 
An application was duly made by the Code Authority on behalf of 
the Industry for approval of the amendment, and opportunity to be 
heard was afforded to all members of the Industry. 

The purpose of the amendment is to authorize the Code Authority, 
upon approval of the National Industrial Recovery Board, to incur 
and pay necessary obligations and to secure equitable contributions 
from members of the Industry for the support of administering 
the Code. 

The amendment is administrative in nature and is proposed as a 
substitute for Article VI, Section 8 of the Code, which was designed 
to provide the Code Authority with a means of raising revenue to 
support the administration of the Code. However, this Section is 
couched in vague and uncertain language and it was deemed advis- 
able by the Code Authority to submit this proposed amendment. 

The Industry is composed of 550 members and there are approxi- 
mately 10,000 employees. In order to properly administer the va- 
rious provisions of the Code, it is necessary that the Code Authority 
incur reasonable obligations and raise funds with which to meet these 
obligations. It is desirable that the Code Authority continue with 
the administration of the Code since the Code and the administra- 
tion of it by the Code Authority effectuates the purposes and policies 
of Title I of the National Industrial Recovery Act. 

I And in conclusion that the amendment which is attached 
hereto was duly submitted by the Code Authority in conformity with 
Article VI, Section 10, Subsection (i) of the Code of Fair Competi- 
tion for the Radio Broadcasting Industry and that said amendment 
complies in all respects with the pertinent provisions of Title I of 
the National Industrial Recovery Act, and that the amendment is 
well designed to effectuate the policies set forth in Title I of the Act. 

I therefore recommend to the National Industrial Recovery Board 
the approval of the said amendment to the Code of Fair Competition 
for the Radio Broadcasting Industry. 
Respectfully, 

William P. Farnsworth, 

Deputy AdTninistrator. 

Approved : 

SoL A. Rosenblatt, 

Division Administrator. 

March 22, 1935. 

{2A2.) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE RADIO BROADCASTING INDUSTRY 

Amend article VI — Delete the present Section 8 and insert in lieu 
thereof the following new sections to be known as Section 8 (a), 
Section 8 (b) and Section 8 (c) : 

8 (a) It being found necessary in order to support the adminis- 
tration of this Code and to maintain the standards of fair competi- 
tion established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized: 

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

(2) To submit to the National Industrial Recovery Board, for 
its approval, subject to such notice and opportunity to be heard as 
it may deem necessary, (1) an itemized budget of its estimate 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; 

(3) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board to determine and 
obtain equitable contributions as above set forth by all members 
of the Industry and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

8 (b) 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 regu- 
lations pertaining thereto issued by the National Industrial Re- 
covery Board. Only members of the Industry complying with the 
Code and contributing to the expenses of the 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. 

8 (c) The Code xA.uthority 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 or expenditures in excess of prior budget 
estimates except those which the National Industrial Recovery Board 
shall have so approved. 

Amend Articles VI, Section 10 by deleting subsections (f ) and (g) 
and re-designate the subsequent subsections (h) and (i) as subsections 
(f) and (g) respectively. 

Approved Code No. 129 — Amendment No. 1. 
Registry No. 742-09. 

(243) 



Approved Code No. 229 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

VENETIAN BLIND INDUSTRY 

As Approved on March 23, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Venetian Blind Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the National Industrial 
Recover}^ Act, approved June 16, 1933, for approval of an Amend- 
ment to a Code of Fair Competition for the Venetian Blind Indus- 
try, and Notice of Opportunity to be Heard having been duly pub- 
lished thereon and due consideration having been given with respect 
thereto, and the annexed report of the Assistant Deputy Adminis- 
trator on said Amendment, containing findings with respect thereto, 
having been made and directed to the National Industrial Recovery 
Board : 

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 approve and adopt said report, recommendation and 
findings and does further 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 
annexed hereto be and it is hereby approved, and that the previous 
approval of said Code is hereby amended to include an approval of 
said Code in its entirety as amended. 

National Industrial Recovery Board. 
By W. A. Harriman, Adininistrative Q-fflcer. 

Approval recommended : 
W. P. Ellis, 

Div ision A dininistrator. 

Washington, D. C, 

March 23, 1935. 

135637—35 12 (245) 



REPOKT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

National Industrial Recovery Board, 

National Recovery Adtninistration, 

Washington^ D. C. 
Gentlemen : I transmit herewith a proposed Amendment to Article 
VI of the Code of Fair Competition for the Venetian Blind In- 
dustry. This Amendment is partially described as follows : 

DESCRIPTION or AMENDMENT 

The new subsection (f ) of Section 10 of Article VII which will re- 
place former subsections (f) and (g) requires that each member of the 
Industry shall pay an equitable contribution to the expenses of the 
maintenance of the Code Authority, and further provides that only 
members complying with the Code and contributing to the expenses 
of its administration, unless duly exempted, shall be entitled to par- 
ticipate in the selection of the Code Authority or to receive the bene- 
fit of its voluntary activities. This x\mendment will delete Section 
8 of Article VI since that Section is repetitious and inconsistent with 
the new subsection (f ) of Section 10 of Article VII. 

APPLICATION, REPRESENTATION AND CONSENT 

Under Article IX, Section 2, the Code Authority has the following 
specific power : 

" This Code, except as to provisions required by the Act, may 
be modified on the basis of experience or changes in circumstances, 
such modification to be based upon application to the Administrator 
and such Notice and hearing as he shall specify, and to become 
effective on his approval. Any such application may be made by the 
Code Authority." 

The Code Authority applied for this Amendment in a letter of 
December 20, 1934, from the Secretary, and submitted therewith a 
copy of the minutes of the meeting of the Code Authority held at the 
Vanderbilt Hotel. New York City, on December 12, 1934, which set 
forth that the Code Authority had adopted this Amendment, Let- 
ters dated March 11, 1935, and March 20, 1935, from the Secretary 
of the Code Authority again state the Code Authority has approved 
the Amendment as now submitted to you, including the deletion of 
Section 8 of Article VI. 

By virtue of the Code provision above quoted, the Code Authority 
is vested with the power of the applicant group to act for the pro- 
ponents of the Code. In a report of January 24. 1934, the Adminis- 
trator found " that the applicant group is an industrial group truly 
representative of the aforesaid industry." 

(246) 



247 

OPPORTUNITY TO BE HEARD ACCORDED TO PERSONS ENGAGED IN OTHER 
STEPS OF THE ECONOMIC PROCESS 

Administrative Order No. 2:29-7, giving notice of the proposed 
Amendment, was issued on February 1, 1935. Under this Order, 

opportunity was accorded any person to submit criticisms, objections, 
or suggestions concerning said Amendment which was printed with 

said Notice. This opportunity extended to February 21, 1935. No 

objections to the Amendment were received in response to this Notice 
which was published in full accordance with Executive Order No. 

€527, dated December 21, 1933. 

CONSIDERATION BY THE NATIONAL RECOVERY ADMINISTRATION 

The proposed Amendment has been considered by the several Ad- 
visory Boards and Divisions of the National Recovery Administra- 
tion in the manner and to the extent required under the Office Manual. 
Until the present time the Code Authority for this Industry has op- 
erated very satisfactorily on a basis of voluntary contributions to the 
expense of maintaining the Code Authority. Lately, however, new 
units are entering the business and some of these are not paying the 
voluntary contributions. In order to avoid a situation in which the 
benefits of the Code Authority are enjoyed by those not contributing 
to its support, it is proposed to make mandatory the payment of con- 
tributions to the expenses of the maintenance of the Code Authority 
by members of the Industry. 

This Amendment authorizes the Code Authority to collect equitably 
from ^ all members of the Industry contributions for the purpose of 
defraying the expenses of the Code Authority. It will impose no 
inequitable restrictions. It will not promote monopolies or tend to 
promote monopolistic j^ractices, nor oppress small enterprises. 

The Code as amended complies in all respects with the pertinent 
provisions of Title I of the National Industrial Recovery Act, in- 
cluding without limitation Subsection (a) of Section 3, Subsection 
(a) of Section 7. and Subsection (b) of Section 10 thereof. The 
Code as amended also complies with Executive Order No. 6678, dated 
April 14, 1934. 

This Amendment is designed to provide for the general welfare, 
and effectuate the policies of the Act. by promoting the organizations 
of the Industry for the purpose of cooperative action in this trade 
group. 

RECOMMENDATION 

On the basis of all the facts stated above and the administrative 
findings of law and fact made above, I recommend that this Amend- 
ment be approved. 

W. Jennings Butts, 
Assistant Deputy Administrator. 

The findings and recommendation made above are concurred in by : 

A. C. Dixon, 
Deputy Adininistrator. 

W. P. Ellis, 
Division Administrator. 
March 20, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE VENETIAN BLIND INDUSTRY 

Amend Article VI by deleting Section 8; renumbering Section 9 
as Section 8; relettering subsection (h), as subsection (g) ; and by 
deleting Section 10, subsections (f ) and (g) and substituting in lieu 
thereof the following : 

(f) It being found necessary, in order to support the administra- 
tion of this Code and to maintain the standards of fair competition 
established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized: 

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

(B) To submit to the National Industrial Recovery Board for 
approval, subject to such notice and opportunity to be heard as may 
be deemed necessary, (1) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (2) an equitable basis upon 
which the funds necessary to support such budget shall be contributed 
by members of the Industry ; 

(C) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine 
and obtain equitable contribution as above set forth by all members 
of the Industry, and to that end, if necessary, to institute legal pro- 
ceedings therefor in its own name. 

Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
determined as hereinbefore provided, and subject to rules and reg- 
ulations pertaining thereto issued by the National Industrial Recov- 
er}^ Board. Only members of the Industry complying with the Code 
and contributing to the expenses of its administration as hereinabove 
provided, unless duly exempted from making such contribution, shall 
be entitled to participate in the selection of members of the Code 
Authority or to receive the benefit of its voluntary activities or to 
make use of any emblem or insignia of the National Recovery 
Administration. 

The Code Authority shall neither incur nor pay any obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the National 
Industrial Recovery Board ; and no subsequent budget shall contain 
any deficiency item for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Renumber sections 10 and 11 of this article to read sections 9 
and 10. 

Approved Code No. 229 — Amendment No. 1. 
Registry No. 629-05. 

(248) 



Approved Code No. 204 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING FIXTURES INDUSTRY 

As Approved on March 25, 1935 



ORDER 



Approvixg Amendment of Code of Fair Competition for the 
Plumbing Fixtures 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 Plumbing Fixtures 
Industry, and hearings having been duly held thereon and the an- 
nexed report on said amendment, containing findings with respect 
tliereto. 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 author- 
ity vested in it by Executive Orders of the President, including Exec- 
utive Order Xo. 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 twenty days from the date hereof, 
unless good cause to the contrary is shown to the National Industrial 
Recovery Board before that time and the National Industrial Recov- 
ery Board issues a subsequent order to that effect. 

National Industrial Recoa'ery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
Barton W. Murray, 

D i vision A dministrator. 



Washington, D. C. 

March 2S. 1935. 



(249) 



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 Plumbing Fixtures Industry as proposed in accord- 
ance with Article IX, Section 2 of said Code, and on which a Public 
Hearing was conducted in Washington on February 13, 1935. Due 
opportunity to be heard was afforded all interested parties. 

The amendment provides for the delegation of Article VII, Trade 
Practices and Article VIII, Marketing Policies, as well as other 
provisions pertaining thereto. The Wage and Hour provisions of 
the Code and the number of workers employed are in no way affected 
by this amendment. 

Article VII prohibits as unfair methods of competition, the fol- 
lowing: Discrimination (between purchasers of the same class); 
Secret Rebates; Postdating and Predating; Inducing Breach of 
Contract; Repudiation of Contracts; Lump Sum and Combination 
Bidding; False Marking or Branding; Misrepresentation or False 
or Misleading Advertising; Substitution (of inferior articles); 
Defamation; Commercial Bribery; Protection (against price ad- 
vance or decline); Threats of Litigation; Espionage of Competi- 
tors; Used Materials (sale of products of the Industry to second- 
hand dealers) ; and Other Unfair Practices. 

Article VIII, lists certain trade practices which are to be followed 
in the marketing of products, the deviation from which rules con- 
stitutes unfair competition. These practices are: 

Orders (limitations on forward contracts) 

Invoices (Method of rendering) 

Standardization of Products (Establishment of grading rules and 
industry standards) 

Grading (Prohibition against the sale of seconds in the United 
States) 

Field Inspection (Limitations on granting of credits for defective 
articles) 

C onsigned Stocks (Prohibition against) 

Distribution ((a) Classification of customers, (b) establishment 
of selling price floor, (c) conduct of each type of business separately 
if engaged in more than one, (d) prohibition against direct sales to 
consumer, (e) publication of suggested resale prices to consumer) 

Cost Protection (Sales below cost and cost accounting system) 

Uniform Terms of Sale (Establishment of, by Code Authority) 

Published Lists (Open price filing) 

Close-ovts (Rules for sale of obsolete material) 

Subsection (c) and part of Subsection (b). Section 2 of Article VI, 
which are deleted, refer to the investigation of complaints by Fair 
Competition Committees. Subsection (d), Section 2, Article VI, 
provides for the submission of information to the Code Authority. 

(250) 



251 

Lines four and five of the first paragraph of Section 2, Article IX 
make reference to the provisions of Section 7, Article VIII and are, 
therefore, deleted. 

riNDINGS 

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 
proceedings in this matter : 

It is found that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free fiow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

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

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(d) The 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 not been ap- 
proved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Oifficer. 

March 25, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE PLUMBING FIXTURES INDUSTRY 

Article VI, Section 2, Subsection (b) — ^Delete the first and last 
sentences, reading respectively as follows: 

" It shall investigate complaints of violations of this Code and 
shall take such steps as may be necessary to secure an equitable dis- 
position of any such complaint." 

" The Code Authority may, to such extent as it may determine, act 
by and through the Fair Competition Committee of each Industry." 

Article VI, Section 2, Subsection (c) — Delete all of this subsection. 

Article VI, Section 2, Subsection (d) — Delete all of this subsection. 

Article VII, Trade Practices — Delete all of this article. 

Article VIII, Marketing Policies — Delete all of this article. 

Article IX, Section 2 — Delete from lines four and five of the first 
paragraph " subject, however, to the provisions of Section 7 of 
Article VIII." 

Reletter Subsection (e) of Article VI, Section 2 to read Subsec- 
tion (c). 

Reletter Article IX to read Article VII. 

Reletter Article X to read Article VIII. 

Reletter Article XI to read Article IX. 

Reletter Article XII to read Article X. 

Approved Code No. 204 — Amendment No. 3. 
Registry No. 1129-03. 

(252) 



Approved Code No. 445 — Amendment No. 5 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BAKING INDUSTRY 

As Approved on March 27, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 

Baking Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933. for approval of an amend- 
ment to a Code of Fair Competition for the Baking Industry, and 
hearing having been dul}^ 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 pur- 
poses of said Title and said Act, and does hereby order that said 
amendment be and it is hereby approved, and that the said previous 
approval of said Code is hereby modified to include an approval of 
said Code in its entiret}^ as amended, provided, that : 

(1) No member who increases the normal work week of employees 
under this amendment shall be permitted to reduce his hourly rates 
of pay to such employees ; and 

(2) Except as provided in (1) above, the formula of wage adjust- 
ment in Section 10 of Article V shall be applied to changes in hours 
effected under the terms of this amendment. 

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

Approval recommended: 
Armin W. Riley, 

Division Administrator. 

Washington. D. C, 

March 27, 1935. 

(253) 



REPORT TO THE PRESIDENT 

The President, 

The White Bouse. 

Sir : This is a report on an Amendment to Article II and Article 
lY, Section 1 of the Approved Code of Fair Competition for the 
Baking Industry, Xo. 445, and on the public hearing held in Wash- 
ington, D. C, on January 8, 1935. This Code was approved by you 
on May 28, 1934. 

The Code x\uthority for the Baking Industry, in accordance with 
Article VI. Section 3, and Article IX, Section 1, Sub-section (b) of 
said Code, having found it necessarj^ in order to support the adminis- 
tration of this Code and to maintain the standards of fair competi- 
tion, petitioned the National Industrial Recovery Board to amend 
Article II and Article IV, Section 1 of the Code in order to eliminate 
undue hardship now being experienced by members of the Industry. 

At the time of the adoption of the Code it was recognized that the 
different methods of manufacturing bakery products could not be 
brought into fair competition by uniform limitation of hours be- 
cause of the fundamental difference in the machine shop process and 
the process employed by handcraft bakers. Accordingly, maximum 
weekly hours were limited to forty in the case of the machine shops, 
whereas the handcraft shops were allowed forty-eight. The Code, 
however, limited the handcraft shops by definition to those who em- 
ployed not more than ten men. It is understood that this limitation 
was adopted as a matter of compromise and that there is no suffi- 
ciently logical reason therefor. 

After the Code went into operation it developed that there are a 
number of bakery establishments whose operations are largely done 
by hand but who either employ more than ten employees or use a 
comparatively small amount of machinery but sufficient to take them 
out of the handcraft definition, even though they employ less than 
ten men. The baking shops in the latter category are more numerous 
than in the former, so that the proposed amendment will operate 
largely for the relief of small enterprises. 

It is true, however, that bakery shops falling into both categories 
found themselves at a disadvantage as compared with the true ma- 
chine shop operations. The baking industry is one which requires 
the production of fresh products daily, or even oftener. Not only, 
therefore, were the machine shops able to produce their product 
more cheaply but they were able to serve certain customers which 
the class of liakeries here under discussion did not have time to 
properly serve with hand work within the forty hours. 

Many petitions for exemption were received, investigation of which 
developed two facts: first, that the petitions justify partial relief, 
and second, the petitioners represent a sufficiently important group 
of the industry to justify a special classification under the Code. 

(254) 



255 

While these groups cannot compete with the straight machine shop 
the}' nevertheless have an advantage over the small neighborhood 
handcraft bakery emplo3'ing from one to ten men and using prac- 
tically no machinery, because of the higher degree of specialization 
which they are enable to effect with more employees or the use of a 
small amount of machinery. 

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

The National Industrial Recovery Board finds that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act, including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the 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 wdth 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 the Code as amended has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Officer. 
March 27. 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
BAKING INDUSTRY 

Amend Article II as follows: 

1. Delete the last sentence of Section 13 and insert in lieu thereof 
the following: 

" * * * After the effective date of this code, a handcraft shop 
installing any power-driven processing equipment other than the 
above and/or in which at least eighty percent (80%) of the total 
working hours of all production employees as such is spent in hand 
operations, i. e., not in operation of any power-driven processing 
machines, shall immediately be reclassified as a mechanical shop or 
as a semi-handcraft shop as the ease may be.'' 

2. Insert the following new Section designated as 13a : 

" Section 13a. Seini-handcraft shop. — The term ' semi-handcraft 
shop ' as used herein shall mean those establishments in the Industry 
in which at least eighty per cent (80%) of the total working hours 
of all production employees, as such, is spent in hand operations, 
i. e., not in operation of any power-driven processing machines; 
provided, that no establishment in the Industry shall be classified as 
a semi-handcraft shop unless the operator thereof shall file with the 
proper Regional Code Authority a written and sworn statement, 
in a form prescribed by the Code Authority, that the particular 
establishment is within the above definition." 

Amend Article IV, Section 1. by relettering paragraphs (i) and 
(j) ^o as to designate them (j) and (k) respectively. 

Amend Article IV, Section 1, by inserting the following para- 
graph : 

'"(i) Employees in semi-handcraft shops, provided that they shall 
not be permitted to work more than forty-four (44) houi's per week; 
or more than eight (8) hours per day, except that within said 
weekly limitation such of said employees as are engaged in a pro- 
duction or shipping department and whose maximum daily hours 
are not otherwise herein extended may work eleven (11) hours per 
day on work days immediately preceding and following Sundays 
and holidaj^s and on occasions of unusual demand due to local 
conditions."' 

Amend Article IV. Section 1, paragraph (j) (previously para- 
graph (i)) by changing it to read "(j) Employees in other than 
handcraft shops and senii-haivdcraft shops * * *." 

Approved Code No. 445 — Amendment No. H. 
Registry No. 101-2:3. 

(256) 



Approved Code No. 84C — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

CHAIN MANUFACTURING INDUSTRY 

As Approved on March 27, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR the Chain Manufacturing Industry 

A division of the fabricated metal products manufacturing and 

METAL FINISHING AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an Amend- 
ment to the Supplementary Code of Fair Competition for the Chain 
Manufacturing Industry and a Notice of Opportunity to be Heard 
having been duly given thereon, and the annexed report on said 
Amendment containing findings with respect thereto, having been 
made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order #6859, dated September 27, 1934, and otherwise, 
does hereby incorporate by reference said annexed report and does 
find that said Amendment and the Supplementary Code as consti- 
tuted after being amended comply in all respects with the pertinent 
provisions and will promote the policy and purposes of said Title 
of said Act and does hereby order that said amendment be, and it 
is hereby approved, and that the previous approval of said Supple- 
mentary Code is hereby amended to include an approval of said 
Supplementary Code in its entirety as amended ; provided, however, 
that the provisions of Article V, Section 2. insofar as they provide 
a waiting period between the filing with the Code Authority (i. e., 
actual receipt by the Code Authority) and the effective date of 

(257) 



258 

revised price lists or revised terms and conditions of sale be and 
they are hereby' stayed pending further order of the National Indus- 
trial Recovery Board. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative O-fficer. 

Approval recommended : 
John W. Upp, 

Acting Division Administrator. 

Washington, D. C, 

March 27. 1935. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir : This is a report on the Amendment to the Supplementary 
Code of Fair Competition for the Chain Manufacturing Industry, a 
Division of the Fabricated Metal Products Manufacturing and Metal 
Finishing and Metal Coating Industry, to incorporate a provision 
whereb}^ members of the Chain Manufacturing Industry are per- 
mitted to enter into agreements providing for the payment of liq- 
uidated damages upon violations of the Code by parties to the agree- 
ment. This Amendment has been submitted in accordance with the 
provisions of Article IV, Section 6 (d), and a Notice of Opportunity 
to be Heard was published on February 28, 1935 for a period of 
twenty (20) days. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 
Board on said Amendment 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 1 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 
trade groups, by inducing and maintaining united action of labor 
and management under adequate governmental sanctions and super- 
vision, by eliminating unfair competitive practices, by promoting 
the fullest possible utilization of the present productive capacity of 
industries, by avoiding undue restriction of production (except as 
may be temporarily required), by increasing the consumption of 
industrial and agricultural products through increasing purchasing 
power, by reducing and relieving unemployment, by improving 
standards of labor, and by otherwise rehabilitating industry. 

(b) The Supplementary Code as 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. 

(c) The Supplementary Code empowers the Code Authority to 
present the aforesaid Amendment on behalf of the Industry as a 
whole. 

(d) The amendment and the Supplementary Code as amended are 
not designed to permit monopolies or monopolistic practices. 

(259) 



260 

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

For these reasons, therefore, this Amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Habbiman, 

Administrative Officer. 
March 27, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE CHAIN MANUFACTURING 
INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend the Supplementary Code by adding the new Article VI 
to read as follows and re-numbering the succeeding Articles 
accordingly : 

''Any member of the Industry may enter into an agreement with 
any other member or members of the Industry providing for the 
payment of liquidated damages by any party thereto upon violation 
by him of any provision of the Code; provided, however, that such 
agreement shall become effective and binding on the parties thereto 
only after the execution thereof shall have received the consent of the 
National Recovery Administration." 

Approved Code No. 84C — Amendment No. 1, 
Registry No. 1107-1-01. 

(201) 



135637—35 13 



Approved Code No. 514 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ARTIFICIAL LIMB MANUFACTURING INDUSTRY 

As Approved on March 30, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Artificial Limb Manufacturing Industry 

An application having been dul}' 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 Artificial Limb Manufac- 
turing Industry, as amended by the Order approving said Code, dated 
August 28. 1934, and hearings having been duly held thereon and 
the annexed report on said amendment, containing findings with 
respect thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
do hereby incorporate by reference said annexed report and do find 
that said amendment and the Code as constituted after being 
amended compW in all respects with the pertinent provisions and 
will promote the policy and purposes of said title of said act; and do 
hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is herebj'^ modified to 
include an approval of said Code in its entirety as amended; pro- 
vided, that Section 2 of Article VIII be and the same hereby is 
amended to read as follows : 

" When any member of the Industry has filed any revisions, 
such members shall not file a higher price within fortv-eight 
(48) hours." 

National Industrial Recovery Board, 
By W. A, Harriman, Administrative Officer. 
Approval recommended : 
John W. Upp, 

Acting Division Admiyiistrator. 

Washington, D. C, 

March SO, 1935. 

(263) 



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 Comi^etition for the 
Artificial Limb Manufacturing Industry, submitted by the said In- 
dustry, through its Code Authority. 

On February 5, 1935, a public hearing ^yas held in Washington, 
D. C. Every person who requested an appearance was properly 
heard in accordance with statutory and regulatory requirements. 
The Amendment was revised during the recess and submitted in its 
present form for approval. 

The Amendment modifies the Order of Approval of said Code by 
eliminating the changes made in the Code by the Order of Approval. 

The Deputy Administrator in his final report on said Amendment 
to said Code having found as herein set forth and also in his memo- 
randum which is incorporated herein by reference, 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 among trade groups, by inducing and maintaining 
united action of labor and management under adequate governmental 
sanction and supervision, by eliminating unfair competitive prac- 
tices, by promoting the fullest 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 
Subsection (a) of Section 3, Subsection (a) of Section 7 and Subsec- 
tion (b) of Section 10 thereof. 

(c) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

(264) 



265 

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

For these reasons, therefore, this Amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
March 30, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ARTIFICIAL LIMB MANUFACTURING INDUSTRY 

(1) Section 1 of Article III, as amended in the said Order of Ap- 
proval, be amended to read as follows: 

" No employee shall be permitted to work in excess of Forty- 
five (45) hours in any one week, nor more than nine (9) hours in 
any twent3'-four (24) hour period, beginning at midnight." 

(2) That Section 2 of Article III, as amended in the Order of 
Approval, be amended to read as follows : 

"The provisions of this Article shall not apply to: (a) Em- 
ployees engaged in emergency work involving breakdowns or 
the protection of life or property, provided that such employees 
shall be paid one and one-half (IVo) times the normal rate of 
pay for all hours worked in excess of forty -five (45) hours per 
week and nine (9) hours per day. (b) Executives who receive 
Thirty-Five Dollars ($35.00) or more per week and outside 
salesmen. 

(3) That Section 3 of Article IV, as amended by the Order of 
Approval, be amended to read as follows : 

"Apprentices may be employed at a wage not less than 80% 
of the minimum herein set forth, for a period not to exceed 
six months; provided, however, that the number of such ap- 
prentices shall not at any time exceed 20% of the total number 
of employees in each establishment. In cases where 20% is less 
than one, each member of the Industry shall be allowed one 
apprentice." 

Approved Code No. 514 — Amendment No. 1. 
Registry No. 1602-02. 

(266) 



Approved Code No. 24 — Amendment No. 8 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BITUMINOUS COAL INDUSTRY 

As Approved on March 30, 1935 



ORDER 



Amendment of Code of Fair Competition for the Bituminous Coal 

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 Code of Fair Competition for the Bituminous Coal 
Industr}' and annexed report on said amendment, containing find- 
ings with respect thereto, having been made and directed to the 
President : 

NOW. THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6o43-A, Executive Order No. 6859 and Execu- 
tive Order No. 6993, and otherwise, does hereby incorporate by 
reference said annexed report and does find that said amendment and 
said Code as constituted after being so amended complies in all 
respects with the pertinent provisions and will promote the policy 
and the purposes of said Title of said Act, and does hereby order 
that said amendment be and is hereby approved, and that the pre- 
vious approval of said Code as hereby amended to include approval 
of said Code in its entirety as amended, 

FURTHER ORDERED, that the order of^ this Board herein- 
above recited be and hereby is made without prejudice to the Board's 
consideration of an appropriate action upon any application for 
amendment to or modification of said Code now pending in or with 
the National Recovery Administration and subject to the power 
especially reserved in and by said Board to order the amendment or 
modification of any provision of said Code in conformity with any 
agreement affecting such provision which may be reached between 
employers and employees in said Industry and presented to said 
Board at any time between April 1, 1935, and June 16, 1935, both 
dates inclusive for its consideration thereof and action thereon. 

National Industrial Recovery Board, 
By Donald R. Richberg, Acting Chairman. 

Attest : 

L. C. Marshall, 

Executive Secretary. 

Approval recommended : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

March 30, 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 an amendment to the Code of Fair Competition for the 
Bituminous Coal Industry, submitted by the National Bituminous 
Coal Industrial Board, an agency created and established under 
the Code for the purpose, among others, of considering and making 
recommendations to the President as to any amendments of the 
Code. 

The effect of either all of, or certain provisions of. Articles IV, 
VI, and VII of the present Code as amended will expire prior 
to June 16, 1935. These provisions constitute to a great degree the 
essential substance of the Code and, if lost, it is highly probable 
that the Code will no longer effectuate the purposes of Congress 
as expressed in the National Industrial Recovery Act. It is con- 
sidered that, if the Code be continued under the Act, the request 
of the National Bituminous Coal Industrial Board to continue 
until June 16, 1935 the existing wage scales and other provisions 
of the Code which expire April 1, 1935 is fair, and it is believed, 
and we have accordingly so found, that the amendment which has 
been presented to the Administration by the National Bituminous 
Coal Industrial Board is as well designed to accomplish the results 
intended as the actual circumstances allow. 

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: 

(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 ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the 
purpose of cooperative action among trade groups, by inducing and 
maintaining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required) 
by increasing the consumption of industrial and agricultural prod- 

(268) 



269 

ucts by increasing purchasing power, by reducing and relieving 
unemployment, b}^ improving standards of labor, and otherwise by 
rehabilitating industry and conserving natural resources. 

(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 National Bituminous Coal Industrial 
Board to consider and to make recommendations to the President 
as to any amendments of this Code. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

Said amendment is accordingly approved to become effective 
immediately. 
For the National Industrial Recovery Board : 

Donald R. Richberg, 

Acting Chairman. 
March 30, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
BITUMINOUS COAL INDUSTRY 

Add a new sentence to, immediately to follow the present provi- 
sion of, and to become a part of. Article XI to read as follows : 

" This Code and all the provisions thereof, despite any provisions 
to the contrary contained therein and especially, but without limita- 
tion to, those provisions of Articles IV, Yl, and VII providing for 
a time limitation upon the effect of such provisions or any of them, 
which may provide that the effect of such provisions or any of them 
shall terminate prior to June 16, 1935, shall remain effective to and 
including June 16, 1935." 

Approved Code No. 24. — Amendment No. 8. 
Registry No. 702-45. 

(270) 



Approved Code No. 483 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 



FOR THE 



ELECTRIC HOIST AND MONORAIL 
MANUFACTURING INDUSTRY 

As Approved on March 30, 1935 



ORDER 



AppRO\^NG Amendment of Code of Fair Competition for the 
Electric Hoist and Monorail Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance vp^ith. the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amendment 
to a Code of Fair Competition for the Electric Hoist and Monorail 
Manufacturing Industry, and notice of opportunity to be heard 
thereon having been duly published, and the annexed report on said 
amendment 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 Ofjicer. 

Approval recommended: 
Barton W. Murray, 

Division Administrator. 



Washington, D. C, 

March SO, 1936. 



(271) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the amendment to the Code of Fair Com- 
petition for the Electric Hoist and Monorail Manufacturing In- 
dustry, approved by the Administrator on July 13, 193i. 

The Amendment enumerates the Legal Holidays on which over- 
time shall be paid and is designed to improve the administration of 
this Code. 

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 
proceedings in the matter, we find that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 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 products 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving the standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended 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 this 
amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

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

W. A. Harriman, 

Administrative OiJUcer. 
March 30, 1935. 

(272) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE ELECTRIC HOIST AND MONORAIL MANUFAC- 
TURING INDUSTRY. 

Article III — Working Hours 

Amend Subdivision (c), Section 3, Article III, to read as follows : 

(c) Sunday' and Legal Holiday work. — At least one and one-half 
(114) times the regular rate shall be paid for all work performed on 
Sundays or on any of the following legal holidays, New Year's Day, 
Washington's Birthday, Memorial Day, Independence Day, Labor 
Day, Thanksgiving Day, Christmas, except by watchmen, power 
plant engineers and firemen. 

Approved Code No. 183 — ^Amendment No. 2. 
Registry No. 130&-03. 

(273) 



Approved Code No. 87 — Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LEATHER AND WOOLEN KNIT GLOVE INDUSTRY 

As Approved on March 30, 1935 



ORDER 



Approving Amendment or Code of Fair Competition for the 
Leather and Woolen Knit GLO^^E 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 Leather and Woolen 
Knit Glove 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 Order No. 6859, dated September 
27, 1934, and otherwise, does hereby incorporate by reference, said 
annexed report and does find that said amendment and the Code 
as constituted after being amended comply in all respects with the 
pertinent provisions and will promote the policy and purposes of 
said Title of said Act, and does hereby order that said amendment 
be and it is hereby approved, and that the previous approval of said 
Code is hereby modified to include an approval of said Code in its 
entirety as amended, such approval and such amendment to take 
effect 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, Administrative Officer. 

Approval recommended: 

Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C. 

March 30, 1935. 

(275) 



REPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir: This is a report on a proposed amendment to the Code of 
Fair Competition for the Leather and Woolen Knit Glove Industry. 
The proposed amendment which is attached was presented by the 
Code Authority for the Leather and Woolen Knit Glove Industry. 

A public hearing was held and all interested parties were given 
an opportunity to be heard. 

The amendment proposes to prohibit invoicing less than three 
pairs of gloves of one style or color without a reasonable service 
charge; and to eliminate free repair privileges, except when repairs 
are due to faulty materials or workmanship. 

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 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 gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices by promoting the fullest possible utilization of the 
present productive capacity of industry, 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, bj' 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 I 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 o])press small enterprises and will not 
operate to discriminate against them. 

(276) 



277 

(f) Those engafjed in other steps of the economic process have 
not been deprived of the right to be heard prior to the effective date 
of said amendment. 

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Hareiman, 

Adininistrative Officer. 
March 30, 1935. 



135637—35 14 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LEATHER AND WOOLEN KNIT GLOVE INDUSTRY 

Amend Article VIII by adding Section 15 to be as follows : 
Section 15. Wholesale Quantity and Repairs. — It shall be an 
unfair trade practice to invoice less than three pairs of a style and 
color without a service charge, unless said pair or pairs are not for 
resale; or to grant free repair privileges or to repair goods at less 
than cost, except when such repairs are made necessary because of 
faulty material or workmanship. 

Approved Code No. 87 — Amendment No. 3. 
Registry No. 913-1-01. 

(278) 



Approved Code No. 84Z — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

STANDARD STEEL BARREL AND DRUM 
MANUFACTURING INDUSTRY 

As Approved on March 30, 1935 



ORDER 

Approving Amendment or Supplementary Code of Fair Competi- 
tion FOR the Standard Steel Barrel and Drum Manufacturing 
Industry 

a division of the fabricated metal products manufacturing and 

metal finishing AND METAL COATING INDUSTRY 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amendment 
to the Supplementary Code of Fair Competition for the Standard 
Steel Barrel and Drum Manufacturing Industry and a Notice of 
Opportunity to be Heard having been duly given thereon, and the 
annexed report on said amendment containing findings with respect 
thereto, having been made and directed to the President: 

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 Supplementary Code as consti- 
tuted 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 Supple- 
mentary Code is hereby amended to include an approval of said 
Supplementary Code in its entirety as amended; provided, however, 
that the provisions of Article V, Paragraph A, insofar as they pro- 
vide that any existing price list shall remain in effect for a period 

(279) 



280 

of ten (10) days following the filing of a revised price list, be and 
they are hereby stayed pending further order of the National In- 
dustrial Recovery Board. 

National Industrial Recoa^ry Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
John W. Upp, 
Acting Division Administrator. 

Washington, D. C, 

March 30, 1935, 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Amendment to the Supplementary 
Code of Fair Competition for the Standard Steel Barrel and Drum 
Manufacturing Industry, a division of Fabricated Metal Products 
Manufacturing and Metal Finishing and Metal Coating Industry, 
to incorporate provisions whereby members of the Standard Steel 
Barrel and Drum Manufacturing Industry are prohibited from 
quoting prices or offering to sell on terms which are inconsistent with 
their open filed price. The Amendment has been submitted in ac- 
cordance with the provisions of Section 2 of Article VI of the Sup- 
plementary Code and a Notice of Opportunity to be heard was 
published on February 19 for a period of twenty (20) days. 

FINDIXGS 

(a) The Supplementary Code 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 the maintaining united ac- 
tion of labor and management under adequate governmental sanc- 
tion and supervision, by eliminating unfair competitive practices, 
bj promoting the fullest possible utilization of the present produc- 
tive capacity of industries, by avoiding undue restriction of produc- 
tion (except as may be temporarily required,) by increasing the 
consumption of industrial and agricultural products througTi in- 
creasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor and by otherwise rehabili- 
tating industry. 

(b) The Supplemental^ Code, as amended, complies in all re- 
spects with the pertinent provisions of said Title of said Act, in- 
cluding without limitation Subsection (a) of Section 3, Subsection 
(a) of Section 7, and Subsection (b) of Section 10 thereof. 

(c) The Standard Steel Barrel Manufacturers Council, the group 
sponsoring this amendment, 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. 

(d) The amendment as proposed will tend to eliminate certain 
practices which are unjustifiable and not in accordance with the 
purposes of the National Industrial Recovery Act; specifically, to 
prohibit the quotation or the discussion of terms by a member of 

(281) 



282 

the Industry with a customer which are inconsistent with the prices 
filed by him pursuant to the provisions of Article V, Rule A of the 
Supplementary Code. 

(e) The amendment will not change the fundamental economic 
condition of the Industry, will not obstruct any sound economic 
practice in the Industry and will further the economic progress of 
any member of the Industry and others directly or indirectly 
concerned. 

(f ) The amendment and the Supplementary Code as amended are 
not designed to permit monopolies or monopolistic practices. 

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

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

W. A. Harriman, 

Administrative Officer^ 
March 30, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COM- 
PETITION FOR THE STANDARD STEEL BARREL AND 
DRUM MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend : Rule A — Article V — Include the following as a new para- 
graph under Rule A, Article V, following the fourth paragraph of 
Rule A which deals with the subject of filing price lists : 

No member of the Industry shall sell or exchange, or offer to sell 
or exchange, any products of the Industry for which prices and other 
conditions of sale have been filed by him pursuant to the provisions 
of this Article, except in accordance with such prices and other 
conditions of sale. 

Approved Code No. 84Z — Amendment No. 1. 
Registry No. 1136-07. 

(283) 



Approved Code No. 84Q1 — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

VITREOUS ENAMELED WARE MANUFACTURING 

INDUSTRY 

As Approved on March 30, 1935 



ORDER 



Approving Amendment of Supplementary Code or Fair Competi- 
tion FOR THE Vitreous Enameled Ware Manufacturing Industry 

A DI^^SION 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 the Supplementary Code of Fair Competition for the Vitre- 
ous Enameled \Vare Manufacturing Industry, and an Opportunity 
to be Heard having been duly aiforded all interested parties and the 
annexed report on said amendment 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 Xo. 6859, dated September 27, 1934, and other- 
wise, does hereby incorporate by reference, said annexed report and 
does find that said amendment and the Supplementary Code as con- 
stituted after being amended comply in all respects with the perti- 
nent provisions and will promote the policy and purposes of said 
Title of said Act and does hereby order that said amendment be 
and it is hereby approved, and that the previous approval of said 
Supplementary Code is hereby modified to include an approval of 
said Supplementary Code in its entirety as amended. 

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

Approval recommended : 
John W. Upp, 

Actiyig Division Administrator. 

Washington, D. C, 

March 30, 1935. 

(285) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendment of Article V of the Supple- 
mentary Code of Fair Competition for the Vitreous Enameled Ware 
Manufacturing Industry. The amendment is designed to eliminate 
Rule A of Article V jDertaining to the pricing provisions. 

A Notice of Opportunity to be Heard, dated March 6, 1935, has 
been duly afforded to all interested parties. 

The Supplementary Code Authority for the Vitreous Enameled 
Ware Manufacturing Industry has proposed the present amend- 
ment for the reason that the members of the Industry have found 
that the provisions of Rule A of Article V are impractical in opera- 
tion in the Vitreous Enameled Ware Manufacturing Industry. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said amendment to said Supple- 
mentary Code, having found as herein set forth and on the basis of 
all proceedings in this matter. 

" It has been found that : 

"(a) The amendment to said Supplementary Code, and the Sup- 
plementary Code as amended are well designed to promote the 
policies aiid purposes of Title I of the National Industrial Recovery 
Act, including the removal of obstructions to the free flow of inter- 
state and foreign commerce which tend to diminish the amount 
thereof and will provide for the general welfare by promoting the 
organization of Industry for the purposes of cooperative action of 
labor and management under adequate governmental sanction and 
supervision, by eliminating unfair competitive practices, by promot- 
ing the fullest possible utilization of the present productive capacity 
of Industry, and by avoiding undue restriction of products (except 
as may be temporarily required) by increasing the consumption of 
industrial and agricultural products through increasing purchasing 
power, by reducing and relieving unemployment, by improving 
standards of labor and by otherwise rehabilitating Industry. 

"(b) The Supplementary Code as amended complies in all re- 
spects with the pertinent provisions of said Title of said Act, in- 
cluding, without limitation. Subsection (a) of Section 3, Subsection 
(a) of Section 7 and Subsection (b) of Section 10 thereof. 

"(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the In- 
dustry as a whole. 

"(d) The amendment, and the Supplementary Code as amended, 
are not designed to and will not permit monopolies or monopolistic 
practices. 

(286) 



287 

"(e) The amendment, and the Supplementary Code as amended, 
are not desiiined to and will not eliminate or oppress small enter- 
prises and will not operate to discriminate against them. 

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

For these reasons, therefore, the Board has approved this 
amendment. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Oificer. 
March 30, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE VITREOUS ENAMELED WARE 
MANUFACTURING INDUSTRY 

A DI\'ISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
3IETAL FINISHING AND METAL COATING INDUSTRY 

Delete Rule A of Article V. which reads as follows : 

" Rule A. No products of the Industry, in whole or in part, shall 
be sold or exchanged or offered for sale or exchange at prices less 
than the seller's cost of such products; such cost to be based on a 
formula which shall be at least as detailed and complete as the for- 
mula to be prepared by the Supplementary Code Authority and 
approved by the Administrator. Prcjvided, however, that if any 
member of the Industry desires to sell below his cost in order to meet 
competitive prices on articles of similar style, grade and/or specifica- 
tion filed in accordance with the provisions of this Section, he shall 
first report to the agent of the Supplementary Code Authority and 
in such report cite the competition that would cause him to take 
such action. This revised price and/or condition of sale shall become 
effective immediately upon receipt thereof by said agent. Immedi- 
ately upon receipt thereof said agent shall, by telegraph or by some 
other equally prompt means, notify said member of the time of such 
receipt. 

" When the Supplementary Code Authorit}^ determines that an 
emergency exists in this Industr}^ and that the cause thereof is de- 
structive price-cutting such as to render ineffective or seriously en- 
danger the maintenance of the provisions of this Supplementary 
Code. The Supplementary Code Authority maj' cause to be deter- 
mined the lowest reasonable cost of the products of this Industry, 
such determination to be subject to such notice and hearing as the 
Administrator may require. The Administrator ma}' approve, dis- 
approve, or modify the determination. Thereafter, during the pe- 
riod of emergency, it shall be an unfair trade practice for any 
member of the Industry to sell or offer to sell a.nj products of the 
Industry for which the lowest reasonable cost has been determined 
at such prices or upon such terms and conditions of sale that the 
buyer will pay less therefor than the lowest reasonable cost of such 
products. 

'• When it appears that conditions have changed, the Supplementary 
Code Authority, upon its own initiative or upon the request of any 
interested party, shall cause the determination to be reviewed. 

"All members of the Industry shall, within ten (10) days after 
the effective date of this Supplementary Code publish for the benefit 
of all wholesalers and manufacturers of enameled ware and file with 
the Agent of the Supplementary Code Authority, net price lists 

(288) 



289 

and/or price lists and discount sheets, includinf; terms, and other 
conditions at which they will sell the products of the Industry to 
the recojrnized wholesale distributors. 

" Revised price lists and/or discount sheets and/or all other con- 
ditions of sale may be filed from time to time thereafter with the 
Agent of the Supplementary Code Authority by any member of 
tlie Industry, to become effective ten (10) days after actual receipt 
by the Agent of the Supplementarv Code Authority. Copies of such 
original price lists and revised lists and/or discount sheets and/or all 
other conditions of sale, with notice of the effective date thereof, shall 
be immediately sent to all members of the Industry, and shall be 
available to all interested parties; and any member of the Industry 
ma}' file, if he so desires, revisions of his price list and/or discount 
sheets and/or conditions of sale, which shall become effective at 
the date when the revised list first filed becomes effective. 

"■ In the event that the Supplementary Code Authority shall find 
that competitive conditions in the sale of the products of the Industry 
to any one or more of the various classes of trade, have resulted in 
improper price cutting or other unfair competitive practices, it may, 
with the approval of the Administrator, require the filing of net 
price lists and/or discount sheets by all members of the Industry, 
setting forth the prices, terms, bases of delivery and other condi- 
tions at which they will sell the products of the Industry to such other 
class or classes of trade. The manner and effect of such filing shall 
be the same in all respects as set forth in the two (2) preceding para- 
graphs. 

'' When filing net price lists and/or price lists and discount sheets, 
as set forth in this Rule A, each member of the Industry shall file 
with the Agent of the Supplementary Code Authority the number 
of such price lists and/or price lists and discount sheets required by 
him for the purpose set forth in this Rule. 

'' The sale of dropped lines, or inventories which must be con- 
verted into cash to meet emergency needs may be made by any 
member of the Industry upon two weeks' notice of intention to do 
so, in writing, to the Supplementary Code Authority setting forth 
the facts and the reasons for such proposed disposal. If any member 
of the Industry shall, within six months after any such disposal, 
manufacture any product which he has classified as a dropped line, 
the emergency sale of such product below cost shall be deemed prima 
facie to have been in violation of this Supplementary Code. 

" No member of the Industry shall sell or offer to sell directly by 
any means whatsoever, any products of the Industry, covered by 
provisions of this Article V, at a price or at discounts or on other 
conditions of sale more favorable than those provided in his own 
current net price lists or price lists and discount sheets". 

Reletter Rule B as Rule A. 

Reletter Rule C as Rule B. 

Reletter Rule D as Rule C. 

Relettei' Rule E as Rule D. 

Reletter Rule F as Rule E. 

Reletter Rule G as Rule F. 

Reletter Rule H as Rule G. 

Reletter Rule I as Rule H. 



290 

Reletter Rule J as Rule I. 
Reletter Rule K as Rule J. 
Reletter Rule L as Rule K. 
Reletter Rule M as Rule L. 
Reletter Rule N as Rule M. 

Approved Code No. 84Q1 — Amendment No. 
Registry No. 1018-1-01. 



Approved Code No. 347F — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

WOODWORKING MACHINERY INDUSTRY 

As Approved on March 30, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Competi- 
tion FOR the Woodworking Machinery Industry 

A division of the machinery and allied products industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amendment 
to the Supplementary Code of Fair Competition for the Woodwork- 
ing Machinery Industry, and opportunity to be heard thereon having 
been duly noticed to all interested persons, and the annexed report 
on said amendment, containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to 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 amendment and 
the Supplementary Code as constituted after being amended comply 
in all respects with the pertinent provisions and will promote the 
policy and purposes of said Title of said Act, and does hereby order 
that said amendment be and it is hereby approved, and that the 
previous approval of said Supplementary Code is hereby amended 
to include an approval of said Supplementary Code in its entirety 
as amended. 

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

Approval recommended : 
Barton W. Murray, 

Division Administrator. 



Washington, D. C, 

March 30, WSo. 



(291) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on an Amendment to the Supplementary 
Code of Fair Competition for the Woodworking Machinery Indus- 
try to incorporate the principles contained in Executive Order of 
April 14, 1934, relating to collection of expenses of Code Adminis- 
tration. This Amendment was proposed in accordance w^ith Arti- 
cles V and XI of the Code as approved May 14, 1934, and Notice 
of Opportunity to be Heard was given from February 1 to Febru- 
ary 21, 1935. No objections were received. 

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 is found that: 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the per- 
tinent 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 upon approval 
by sixty-six and two-thirds (66%) per cent of the employers of the 
Industry. 

(d) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(292) 



293 

(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 Offloer. 
March 30, 1935. 



r^ocnr— 3.-- 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE WOODWORKING MACHIN- 
ERY INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

Delete Section (e) of Article V, " Organization and Administra- 
tion " and substitute therefor the following : 

"(e) 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 ; 

"(b) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as may 
be deemed necessary; (1) an itemized budget of its estimated ex- 
penses for the foregoing purposes, and (2) an equitable basis upon 
which the funds necessary to support such budget shall be con- 
tributed by members of the Industry; 

"(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine and 
obtain equitable contribution as above set forth by all members of 
the Industry, and to that end, if necessary, to institute legal proceed- 
ings therefor in its own name. 

" 2. Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided and subject to rules and 
regulations pertaining thereto issued by the National Industrial 
Recovery Board. Only members of the Industry complying with 
the Code and contributing to the expenses of its administration as 
herein above provided (unless duh^ exempted from making such con- 
tribution), shall be entitled to participate in the selection of members 
of the Code Authority or to receive the benefits of any of its volun- 
tary activities or to make use of any emblem or insignia of the Na- 
tional Recovery Administration. 

" 3. The Code Authority shall neither incur nor pa}^ any obligation 
substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the National 
Industrial Recovery Board ; and no subsequent budget shall contain 
any deficiency item for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved." 

Approved Cofle No. 347F — Ainendniont No. 1. 
Registry No. 1399-31. 

(294) 



Approved Code No. 299 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ACADEMIC COSTUME INDUSTRY 

As Approved on April 1, 1935 



ORDER 



Approvixg Amendment of Code of Fair Competition for the 
Academic Costume Industry 

An application having been duly made pursuant to and in full com- 
pliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Academic Costume In- 
dustry, and a notice of opportunity to be heard being issued simul- 
taneoush' with this recommendation, and the annexed report on said 
amendment, 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 author- 
ity vested in it by Executive Orders of the President, including 
Executive Order Xo. 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 herebj' order that 
said amendment be and it is hereby approved, and that the previ- 
ous 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 twenty (20) days from the date hereof, 
unless good cause to the contrary is shown to the National Industrial 
Recoveiy 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, Adtninistrative Officer. 

Approval recommended : 
Prentiss L. Coonley, 

Div is io n A cln i in is t rat or. 

Washington, D. C, 

Ayril 1, 1935. 

(295) 



REPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir : This is a report on an amendment to the Code of Fair 
Competition for the Academic Costume Industry. 

Article V was amended by deleting paragraph (a) of Section 1, 
and substituting a new paragraph therefor, making payment of 
assessments mandator}^ on members of the industry. 

An opportunity to be heard will be afforded all interested parties 
and all objections will be carefully considered by the National 
Industrial Recovery Board. The National Industrial Recovery 
Board has 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 were made on this amendment. 

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 ail the proceedings in 
this mater : 

It finds that: 

(a) The amendment to said Code and the Code, as amended, 
are well designed to promote the policies and j)urposes of Title I 
of the National Industrial Recovery Act, including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of Industry for 
the purpose of cooperative action of labor and management under 
adequate governmental sanction and supervision, by eliminating 
unfair competitive practices, by promoting the fullest possible 
utilization of the present productive capacity of Industries, by 
avoiding undue restriction of production (except as may be tempo- 
rarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by re- 
ducing and relieving unemployment, by improving standards of 
labor, and by otherwise rehabilitating industry, 

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

(c) The amendment and the Code, as amended, are not designed to 
and will not permit monopolies or monopolistic practices. 

(d) The amendment and the Code, as amended, are not designed 
to and will not eliminate or oppress small industries 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 effective date of 
said amendment. 

For the above reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative OiJlceT. 
April 1. 1935. 

(296) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
ACADEMIC COSTUME INDUSTRY 

Amend Article V by deleting Paragraph (e) of Section 1 and 
siil.'stituting the following: 

(e) Ii 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 elfectuate 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 jnirposes of the Code. 

(2) To submit to the National Industrial Recovery Board for its 
approval, subject to such notice and opportunity to be heard as it 
may deem necessary (1) an itemized budget of its estimated expenses 
for the foregoing purposes, and (2) an equitable basis upon which 
the funds necessary to support such budget shall be contributed by 
members of the industry; 

(2) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine and 
obtain equitable contributions as above set forth by all members of 
the Industry, and to that end. if necessary, to institute legal proceed- 
ings therefor in its own name. 

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

(5) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the National 
Industrial Recovery Board; and no subsequent budget shall contain 
any deficiency item for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so apj^roved. 

Delete Paragraph (g) of Section 2 of Article V. 

Approved Code No. 299 — Amendment No. 1. 
Registry No. 171(>-01. 

(297) 



Approved Code No. 31 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LIME INDUSTRY 

As Approved on April 1, 1935 



ORDER 



Amended Code of Fair Competition for the Lime 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 the approval of an 
amended Code of Fair Competition for the Lime Industry, and hear- 
ings having been held thereon and the annexed report on the said 
amended Code, containing findings with respect thereto, having been 
made and directed to the President : 

XOAV. THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to the 
authority vested in it by Executive Orders of the President, including 
Executive Order No. 6659, and otherwise, does hereby incorporate 
said annexed report and does find that said Code as constituted after 
being amended complies with the pertinent provisions and will pro- 
mote the policy and purposes of said Title of said Act, and does 
herebv order that the Code as amended be and it is hereby approved : 

(1)' PROVIDED. HOWEVER, that the operation of the pro- 
visions of Subsections (f ) and (g) of Section 3 of Article VIII of 
said amended Code be and it is hereby stayed as to all parties sub- 
ject thereto pending the further order of the National Industrial 
Recovery Board to afford the Industry in conjunction with the Na- 
tional Recovery Administration an opportunity to make a further 
study of said provisions, said study to be completed within a period 
of ninety (90) days from the effective date of this amended Code: 
and 

(2) PROVIDED FURTHER, that the operation of the pro- 
visions of Sections 6 and 9 of Article VIII, and subparagraphs 
thereunder, of said amended Code be and it is hereby stayed as to 
all parties subject thereto pending the further order of the National 
Industrial Recovery Board to afford the Industry an opportunity to 
make a further study of said provisions, said study to be completed 
within a period of ninety (90) days from the effective date of this 
amended Code; and 

(299) 



300 

(3) PKOVIDED FUETHEK, that the operation of the pro- 
visions of Sections 14 and 15 of Article IX of said amended Code 
be and it is hereby stayed as to all parties subject thereto, pending 
determination of policy by the Board with respect to the subjecte 
thereof; and 

(4) PROVIDED FURTHER, that the Research and Planning 
Division of the National Recovery Administration and the Trade 
Relations Committee of the National Lime Association shall make a 
further study and report fully to the National Industrial Recovery 
Board on or before June 15, 1935, as to the effect, if any, of said 
multiple basing point provisions, since the effective date of the Code 
on prices to consumers, and any effects of the system in either permit- 
ting or encouraging price fixing, or providing unfair competitive 
advantages for producers, or disadvantages for consumers ; and 

(5) PROVIDED FURTHER, the National Industrial Recovery 
Board reserves the right to stay or modify said multiple basing point 
provisions, at any time, upon such notice and hearing as the Board 
may, in its discretion, deem necessary. 

National Industrial RECOi^ERT Board. 
By W. A. Harriman, Administrative O fleer. 

Approval recommended : 
W. P. Ellis, 

Division Administrator 

Washington, D. C, 

ApHl U 1935. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : The original Code of Fair Competition for the Lime Indus- 
try was approved October 3, 1933. Upon the protest of several 
groups of manufacturers in the Industry demands were made for a 
revision in part or in whole of the original Code. To that end a 
public hearing was held on May 24, 1934. Every person who re- 
quested an appearance was properly heard in accordance with statu- 
tory and regulatory requirements. The Code was revised during the 
recess of this hearing and was submitted in its final form for ap- 
proval by a duly authorized committee of the Code Authority, acting 
upon a resolution adopted at a meeting of the Industry held May 
23. 1934. in Washington, D. C. 

The Lime Industry includes the mining or quarrying of limestone 
and the manufacture of lime by the burning of such limestone or 
other calcareous materials and the processing of Industry Products 
and the original sale of such Industry Products by a Member of 
Industry. In general it may be said that 50 per cent of the lime 
product in the United States is used in the Chemical Industry, about 
40 percent for building purposes, and 10 percent for agricultural 
purposes. Lime for chemical purposes is used in metallurgy, as 
refractory lime, and in paper mills, glass works, tanneries, sugar 
refineries and other uses in the order named, as also in the manu- 
facture of calcium carbide. Lime is utilized in many ways in the 
building industry — in masoijry mortar, plaster, etc. In agriculture, 
lime serves to correct soil acidity, and is being increasingly used 
for that purpose. 

The Lime Industry in general may be said to be a small Industry. 
The statistics furnished by the National Lime Association indicate 
that there are approximately 390 members in the United States, 112 
of whom are spasmodic producers and who produce less than 500 
tons of lime i^er year. There are approximately 60 sizeable plants 
located in the south and 177 sizeable plants located in the north. 
The total estimated tonnage produced in 1933 was 2,100,000 tons 
having an estimated value of $13,165,000.00. In order to produce 
this tonnage approximately 6,500 employees were required. 

The Lime Industry for many years has been on a decline; this 
decline having been effective even as much as three years prior to 
1929. Possibly one of the outstanding reasons for this decline is 
that the Industry must naturally take its cyclic position in the cycles 
to which the building industry is subject. In addition to this, lime 
has been subject to the competition of gypsum and cement and the 
use of such products as have dispensed with the need for plaster. 

The Lime Industry is spread pretty well over the entire United 
States, with some 177 sizeable plants in the north and 60 in the 

(301) 



302 

south. The largest number of plants are to be found, in the order of 
their rank, in Pennsylvania, Virginia, Ohio, Wisconsin, Missouri, 
Tennessee and Texas. The largest producers of lime for building 
purposes are to be found in Ohio, Pennsylvania, Massachusetts and 
Missouri. Pennsjdvania, Ohio, Missouri and West Virginia comprise 
the principal producers of chemical lime. Most of the agricultural 
lime comes from Pennsylvania, Ohio, Maryland and Virginia. 

The Lime Industry at the present time is operating at about 30 
per cent capacity. It is hoped that with the return of business nor- 
malcy the Lime Industry may again take its rightful position in 
Industry, and it is hoped that it may reach the peak of 1925 produc- 
tion when 4,580,823 tons, having a value of $42,609,141.00 were pro- 
duced and employing over 12,000 employees. 

The hours proposed in this Code re]Dresent a material reduction 
over pre-code operations. The wage rates proposed for this Code 
rejjresent a substantial increase over pre-code rates, in fact the pro- 
posed wage rates based upon present conditions of operation repre- 
sent an aimual increased payroll of approximately $1,500,000.00. 

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 wel- 
fare 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, b}^ avoiding undue 
restriction of production (except as mfly be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing ijower, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating Industry. 

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

(c) The National Lime Association was and is an industrial asso- 
ciation truly representative of the aforesaid Industry and that said 
association imposed and imposes no inequitable restrictions on admis- 
sion to membership therein and consents to this statement. 

The Dolomitic Refractories Institute is an industrial association 
trul}^ representative of that portion of the aforesaid Industry affected 
by the said amendment, and that said association imposes no inequi- 
table restrictions on admission to membership therein and consents 
to this amendment. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 



303 

(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. 

I analyze said amendment and find as set forth in the enclosed 
draft of a letter to be transmitted by you to the President, said 
analj^sis and findings being incorporated herein by reference. Said 
amendment is accordingly recommended for your approval. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
A dimnis trativ e jflce r. 
April 1, 1935. 



AMENDED CODE OF FAIR COMPETITION FOR THE LIME 

INDUSTRY 

Article I — Purposes 

To effectuate the policies of Title I of the National Industrial 
Recovery Act. this Code is established as a Code of Fair Competition 
for the Lime Industry', and its provisions shall be the standards of 
fair competition for such Industry and be binding upon every 
member thereof. 

Article II — Definitions 

Section 1. Wherever used in this Code or any supplement apper- 
taining thereto, the terms enumerated in this Article II shall have 
the meanings herein defined, unless the context shall otherwise clearly 
indicate. 

Section 2. The terms " President ", "Act ", " Board " and " Code " 
shall mean respectively the President of the L'nited States, Title I 
of the National Industrial Recovery Act, the National Industrial 
Recovery Board as created by Executive Order #6859 of September 
27, 1934, and the Code of Fair Competition for the Lime Industry as 
approved on October 3, 1933. 

Section 3. The term " Lime Industry " or " Industry " includes the 
mining or quarr3'ing of limestoiie (calcareous or dolomitic) for use 
in the manufacture of industry products and/or the manufacture of 
lime by the burning of such limestone and/or other calcareous ma- 
terials and/or the processing of Industry Products and the original 
sale of Industry Products by a Member of the Industry, directly or 
indirectly, either by himself or his agent, and includes without limi- 
tation any person or corporation occupying a subsidiary or control- 
ling relationship or one of common, mutual or joint ownership or 
control to a Member of the Industry. 

Section 4. The term " Industry Products " includes : 

(a) Lime — a product manufactured by the burning of limestone 
(calcareous or dolomitic) and/or other calcareous materials com- 
posed of the oxide or hydroxide of calcium and/or calcium and 
magnesium as the principal constituent and sold for industrial, con- 
struction or agricultural uses. 

(b) Slaked lime. 

(c) Masonr}' cement of which the principal constituent is the 
oxide or hydroxide of calcium and /or calcium and magnesium, and 
which is manufactured at a lime plant. 

(d) Such other products, natural or processed, of which the prin- 
cipal constituent is the oxide or hydroxide of calcium and/or cal- 
cium and magnesium. 

(e) The caucareous or dolomitic by-products of other industries, 
not including agricultural limestone, sold or offered for sale in com- 

(304) 



305 

petition with Industry Products of this Industry. Industry products 
shall also include burned limestone (calcareous or dolomitic) used for 
refractory and/or fluxing purposes irrespective of the extent of 
burning or other refinements after burning. 

(f) For the purposes of this Code, Members of the Industry man- 
ufacturing and/or selling as an original sale dolomitic lime for re- 
fractory purposes irrespective of the extent of burning or other refine- 
ments, shall be governed by the provisions outlined in Schedule 
" B •' attached hereto and made a part of this Code. 

Section 5. The term " Member of the Industry " includes, but 
without limitation, any individual, partnership, association, corpo- 
ration or other form of enterpri,<=;e engaged in the Industry either 
as an employer or on his or its own behalf. 

Section 6. The term " employer " means and includes anyone by 
whom any such employee is emjiloyed or compensated. 

Section 7. The term '* employee " means and includes any individ- 
ual engaged in the Industry in any capacity' receiving compensation 
for his services, irrespective of the nature or method of payment of 
such compensation, except a Member of the Industry. 

Section 8. The term " district ". unless the context otherwise 
clearly indicates, shall mean a Lime Industry Manufacturing Dis- 
trict established in Schedule "A" of this Code attached hereto and 
made a part hereof. 

Section 9. The term " low rate area " shall mean that area sur- 
rounding a rail basing point established by the District Control Com- 
mittee as provided for in Article VII, Section 2, vSubsection (b), 
which shall include all destinations to which such basing point has a 
minimum carload rail freight rate for Industry Products manufac- 
tured in such low rate area, lower than or equal to the minimum car- 
load rail freight rate from another rail basing point on like Industry 
Products of similar grade and quality. 

Section 10. The term " dealer " includes, but without limitation, 
any individual, partnership, association, corporation or other form 
of enterprise, either as an employer or on his or its own behalf, regu- 
larly engaged in the business, in whole or in part, of purchasing 
Industry Products at wholesale for resale and/or distribution as a 
retailer. For the purposes of this Code, the term " dealer " includes, 
but without limitation, " Building Supply Dealers " and " Agricul- 
tural Dealers ", who are described as follows : 

(a) A " Building Supply Dealer '' is defined as any individual, 
partnership, association, corporation, or other form of enterprise en- 
gaged either as an employer or on his or its own behalf enga^jred in 
the Builders Supply Trade, buying at wholesale for resale at retail. 

(b) An "Agricultural Dealer '' is defined as a dealer in agricul- 
tural supplies, who purchases agricultural lime in Avholesale quanti- 
ties for resale at retail, and who regularly solicits the business of and 
renders a denier service to agricultural consumers in his locality. 

Section 11. A " jobber '" is any individual, partnership, associa- 
tion, corporation or other form of enterprise who buj's Industry 
Products and resells at wholesale for his own account. 

Section 12. An " agent " is any individual, partnership, associa- 
tion, corporation, or other form of enterprise regularly engaged in 
selling Indu.stry Products on a commission basis for a Member or 



306 

Members of Industry to retailers and/or consumers with whom he 
is not connected or related in business. For the purposes of this 
Code, the term " agent " shall mean jobbers, distributors or brokers, 
but provided further, that " jobber " as herein referred to is in con- 
tradistinction to the term " jobber " as used in Section 11. 

Article III — Hours of Labor 

MAXIMUM HOURS 

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

exceptions as to hours 

Section 2. The maximum number of hours established in the fore- 
going Section 1 of this Article III shall not apply to: 

(a) Watchmen, who shall be permitted to work not more than 
fifty-six (56) hours in any one (1) week. 

(b) Persons engaged during any period in w'hich a concentrated 
demand shall place an unusual or temporary burden upon produc- 
tion facilities, or to meet seasonal or peak requirements or production 
emergencies; provided, however, that any employee so employed 
shall be paid not less than one and one-half (IV2) times the regular 
wage rate for all hours worked in excess of forty (40) hours in any 
one (1) week, or eight (8) hours in any twenty-four (24) hour 
period, and provided further, that in no event shall the total work- 
ing hours of any such employee so employed averaged over a three 
(3) month period exceed forty (40) hours per week. 

Section 3. The maximum provisions established in the foregoing 
Section 1 of this Article III shall not apply to : 

(a) Employees engaged in emergency maintenance or emergency 
repair work involving breakdown or protection of life or property; 
provided, however, that not less than one and one-half (II/2) times 
the regular wage rate for any employee so employed shall be paid for 
all hours worked in excess of forty (40) hours in any one (1) week, 
or eight (8) hours in any twenty-four (24) hour period. 

(b) Persons in a managerial, executive, supervisory or technical 
capacity and their immediate assistants (excluding skilled produc- 
tion workers) ; provided, that this exception shall apply to no such 
employee who is paid less than at a rate of Thirty-Five Dollars 
($35.00) per week. This exception, however, shall not be so con- 
strued as to include foremen regularly engaged in manual labor. 

(c) Outside sales and sales service employees. 

employment by several employers 

Section 4. 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 any other Indus- 
try, or in any Trade, exceeds the maximum permitted herein. 



307 
Article IV — Wages 

MINIMUM WAGES 

Section 1. Xo employee, except as herein otherwise provided, shall 
be paid in ai\y pay period less than at the rate of thirty (30) cents 
per hour in all territory south of the northern boundary of Virginia, 
Tennes!>ee, Oklahoma. Xew Mexico, Arizona. Arkansas and that sec- 
tion of southwestern Missouri included within the boundaries of 
Jasper, Lawrence, Greene, Xewton and McDonald Counties, known 
as the manufacturing section, and in all other territory no employee 
shall be paid less than at the rate of thirty-seven and one-half 
(371/2) cents per hour, except in Rockcastle County, Kentucky, where 
the thirty (30) cent minimum rate shall apply. This minimum wage 
shall apply only to common or totally unskilled labor. Other classes 
of labor shall be compensated at rates above such minimum. 

PIECEWORK COMPENSATION MINIMUM WAGES 

Section 2. This Article IV establishes a minimum rate of pay 
for any pay period which shall apply, irrespective of whether an 
emploj'ee is actually compensated on a time rate, piecework, or other 
basis. 

clerical and office employees 

Section 3. Xo clerical or office employee, or watchman, shall be 
paid in any period less than at the rate of Fifteen Dollars ($15.00) 
per week in any city of over 50U.U00 population, or in the immediate 
trade area of such city ; or 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; 
or less than at the rate of Fourteen 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; or less than at the rate of Twelve Dollars 
($12.00) per week in any city of less than 2,500 population. Popu- 
lation for the purposes of this paragraph shall be determined by 
reference to the 1930 Federal Census. 

wages above the minimum 

Section 4. Adjustments of wages with respect to wages above tht 
minimum shall be made within thirty (30) days after the effective 
date of this Code by each employer who has not heretofore made 
such adjustments since the enactment of the National Industrial 
Recovery Act. Such adjustments shall mean the maintenance of a 
differential at least as great in amount as that existing between the 
wage rates for such employment and the then existing minima sub- 
sequent to the date of the last adjustment made prior to the Code 
approved October 3. 1933. In no event, however, shall hourly rates 
of wages be reduced in making such adjustments. Within sixty (GO) 
days after the effective date of this Code each Member of the In- 
dustry shall make a report of such adjustment whether made prior 
to or subsequent to the date of approval of this Code to the Code 
Authority. 



308 



HANDICAPPED PERSONS 



Section 5. A person whose earning capacity is limited because 
of age or physical or mental handicap or other infirmity may be 
employed on light work at a wage below the minimum established 
by this Code if the employer obtains from the state authority desig- 
nated by the United States Department of Labor a certificate au- 
thorizing his employment at such wages and for such hours as shall 
be stated in the certificate. Each employer shall file monthly with 
the Code Authority a list of all such persons employed by him, 
showing the wages paid to, and the maximum hours of work for 
such employees. 

PAYMENT or WWGES 

Section 6. Each employer shall make payment of all wages in 
lawful currency, or by negotiable check therefor, payable on demand. 
These wages shall be exempt from any deductions other than those 
voluntarily authorized to be deducted by an employee or required 
by law. Pay periods for wages shall be at no greater interval than 
every semimonth, and salaries at no greater interval than every 
month. No employer shall withhold wages except as otherwise 
provided hereinabove. Unused merchandise tokens or store orders 
issued to employees and held by them at the end of a pay period 
shall be redeemed in cash or by negotiable check. 

Aeticle V — General Labor Provisions 

CHILD LABOR 

Section 1. No person under eighteen (18) years of age shall be 
employed in the Industry, except in clerical, office, sales, service, 
technical and engineering department office duties, and no person 
under sixteen (16) years of age shall be employed in any capacity. 
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 duly 
signed by the authority of such state empowered to issue employ- 
ment or age certificates or permits showing that the employee is of 
the required age. 

PROVISIONS or the act 

Section 2. 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. 

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

(b) Employers shall comply with the maximum hours of labor, 
minimum rates of pay, and other conditions of employment approved 
or x)rescribed h^ the President. 



309 

RECLASSIFICATION OF EMPLOYEES 

Section d. 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. 

state laws 

Section 4. No provision in this Code shall supersede any State or 
Federal law which imposes on employers more stringent require- 
ments as to age of employees, wages, hours of work, or as to safety, 
health, sanitary or general working conditions, or insurance, or fire 
protection, than are imposed by this Code. Standards for safety and 
health shall be submitted by the Code Authority to the Board for 
approval within three (3) months after the effective date of this 
Code, and when approved by the Board shall have the same effect 
as other provisions of this Code. 

posting 

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

dismissal for complaint 

Section 6. Xo employer shall dismiss or demote any employee 
for making a complaint or giving evidence with respect to an alleged 
violation of the provisions of any Code of Fair Competition. 

COMPANY TOWNS AND STORES 

Section 7. Employees other than maintenance or supervisory 
men, or those necessary to protect property, shall not be required 
as a condition of employment to live in houses rented from or speci- 
fied by the employer. No employee shall be required, as a condition 
of employment, to trade at a store owned or specified by an employer. 

Article VI — Organization, Powers and Duties or the Code 

Authority 

organization and constitution 

Section 1. A National Code Authority is hereby constituted to 
administer the provisions of this Code, and shall consist of not 
more than twenty (20) voting members. Sixteen (16) of such 
voting members (one from each district designated in Schedule A 
of this Code) shall be appointed from and by the Trade Relations 
Committee of the National Lime Association; provided, that each 
of such members is a Member of the Industry and a member of the 
National Lime Association and is truly representative of the dis- 
trict which he purports to represent. Four (4) of such voting 
members shall be elected by Members of the Industry who are not 

135637—35 16 



310 

members of the Xational Lime Association; provided, that the 
members elected are triil}^ representative of the non-association 
Members of the Industry throughout the United States. Said ap- 
pointments and said elections shall be subject to the approval of the 
National Industrial Recovery Board. 

(a) An executive committee to consist of five (5) members, in- 
cluding at least one (1) representative of non-association members, 
selected from and by the Code Authority, shall be constituted and 
act in the capacity of supervisory agent or the general advisers to 
the Code Authority; provided, that the executive committee shall 
have no powers except as may be legally and by proper resolution 
delegated to it by the Code Authority, subject to the approval 
of the Xational Industrial Recovery Board. 

(b) Elections shall be promptly held and appointments promptly 
made. Upon approval of elections and appointments by the Xa- 
tional Industrial Recoverj^^ Board, the term of office of voting 
members shall commence and continue for the period of one (1) 
year, or less, as may be determined by operation of law. Notice 
of vacancy of office of any of the voting members elected or ap- 
pointed and approved as aforesaid shall be promptly communicated 
to the appropriate electorate with instructions promptly to meet 
and elect a successor to serve for the balance of the term of office, 
or such other term of office as circumstances ma}^ require, subject to 
the approval of the Xational Industrial Recovery Board. Upon 
failure by Members of the Industry promptly to elect or appoint 
members or their successors, as aforesaid, the Xational Industrial 
Recover}- Board may appoint such voting members as it, in its 
discretion, may deem necessary and best designed to effectuate the 
purposes of the provisions of this Code and the policy of Title 
I of the Xational Industrial Recover}'- Act. 

Sectiox 2. In addition to the above membership the Xational 
Industrial Recovery Board may appoint three (3) members without 
vote and without compensation from Industry, otherwise to act as 
members of the Code Authority for such terms as said Board may 
specify. 

Section 3. Each trade or industrial association directly or indi- 
rectly participating in the selection or activities of the Code Author- 
ity shall. (1) impose no inequitable restrictions on membership, and 
(2) submit to the Xational Industrial Recovery Board true copies 
of its articles of association, by-laws, rules and regulations, and any 
amendments when made thereto, together with such other informa- 
tion as to membership, organization and activities as the Xational 
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 Xational 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 repre- 
sentative or does not in other respects compl}' with the provisions 
of the Act, may require an appropriate modification in the method of 
selection of the Code Authority. 



311 

Section 5. Nothing contained in this Code shall constitute the 
members of the Code Authority i)artners for any purpose. Nor 
shall any member of the Code Authority be liable in any numner 
to anyone for any act of any (>ther member, officer, a<»;ent or employee 
of the Code Authority. Nor shall any member of the Code Author- 
ity, exercisin<j: reasonable diliaence in the conduct of his duties 
hereunder, be liable to anyone for any action or omission to act under 
this Code, except for his own wilful malfeasance or nonfeasance. 

POWERS AND DUTIES 

Section 6. Subject to such rules and regulations as may be issued 
by the National Industrial Recovery Board and to the extent per- 
mited by the Act, the Code Authority shall have the following 
further powers and duties. 

(a) To make investigations as to the functioning and observance 
of any provisions of this Code at its own instance or upon complaint 
of any person affected, and to report thereon to the Board. 

(b) To insure the execution of the provisions of this Code and 
provide for the compliance of the Industry with the provisions of the 
Act. 

(c) To adopt by-laws and rules and regulations for its procedure 
and for the administration of this Code. The Code Authority shall 
promptly furnish to the Board true copies of the by-laws, rules and 
regulations adopted pursuant to this paragraph. 

(d) To obtain from Members of the Industry, through a confi- 
dential agency, such statistical information and reports as are 
required for the administration of this Code and to provide for sub- 
mission by Members of the Industiy of such statistical information 
and reports as the Board may deem necessary for the purposes 
recited in Section 3 (a) of the Act, which information and reports 
shall be submitted by Members of the Industry to such governmental 
agencies as the Board may designate; provided, that nothing in this 
Code shall relieve any Member of the Industry of any existing obli- 
gations to furnish reports to any government agency. No individual 
reports submitted to the Board and/or such governmental agencies 
as the Board may designate, shall be disclosed to any other Member 
of the Industry or any other party except to such governmental 
agencies as may be directed by the Board. 

(e) 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. 

(f ) To make recommendations to the Board for the coordination 
of the administration of this Code and such other Codes, if any, 
as may be related to or affect Members of the Industry. On the 
receipt of such recommendations the Board may establish a Coordi- 
nation Committee and empower the Code Authority to appoint a 
member or members thereof so that the Industry may have equal 
representation on said Committee with anj^ industry operating under 
such Code or Codes, and the Board may further designate an impar- 



312 

tial chairman. Such a Coordination Committee shall then be em- 
powered to make investigations pertinent to the subject matter of 
the recommendation and thereafter submit its findings and conclu- 
sions to the Board. A determination of such Coordination Com- 
mittee, with the supporting facts, shall be forwarded immediately 
to the Board and shall become effective upon approval thereby. In 
the event such Coordination Committee fails to act or agree the 
matter shall be submitted to the Board for final determination. 

(g) To recommend to the Board the creation of additional divi- 
sions of the Industry, further trade practice provisions to govern 
Members of the Industry in their relations with each other or with 
other Industries, and measures for industrial planning, and to call 
meetings of any division of the Industry to consider plans for stabili- 
zation of emplo3'ment and production, and conservation of natural 
resources; and to make recommendations thereon to the Board, such 
recommendations upon approval by the Board, after such notice and 
hearing as it may prescribe, to have the same effect as other provi- 
sions of this Code. 

Section 7. 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 this Code. 

(b) To submit to the Board for its approval, subject to such notice 
and opportunit}' 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 necessarj^ to support 
such budget shall be contributed by Members of the Industry. 

(c) After such budget and basis of contribution have been ap- 
proved by the Board, to determine and obtain equitable contribution 
as above set forth by all Members of the Industry, and to that end, 
if necessary, to institute legal proceedings therefor in its own name. 

Section 8. Each Member of the Industry shall pay his or its equi- 
table contribution to the expenses of the maintenance of the Code 
Authority, determined as hereinabove provided, and subject to rules 
and regulations pertaining thereto issued by the Board. Only Mem- 
bers of the Industry complying with the Code and contributing to the 
expenses of its administration as hereinabove provided, unless duly 
exempted from making such contributions, shall be entitled to 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. 

Section 9. The Code Authority shall neither incur nor pay any 
obligation substantially in excess of the amount thereof as estimated 
in its approved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
Board ; and no subsequent budget shall contain any deficiency item 
for expenditures in excess of prior budget estimates except those 
which the Board shall have so approved. 



313 

Section 10. The proportionate share of each Member of the In- 
dustry for expenses of Code Administration shall be based upon the 
total tonnaofe of quicklime and h^^drated lime manufactured and sold 
by such Member of the Industry during such representative period, 
but not less than one (1) 3'ear, and at such fair and equitable rate 
per ton as the Code Authority may determine, subject to the approval 
of the Board. 

(a) The Code Authority may designate the National Lime Asso- 
ciation, or anj'' other appropriate agency, to assist it in maintaining 
its accounts, determining such proporti(jnate shares and in securing 
the collection thereof. 

(b) The applicable provisions of this Section 10 shall also apply 
to the expenses of Code administration of District Control Commit- 
tees, established as hereinafter provided. Each District Control 
Committee shall submit to the Code Authority for its approval, 
to be in turn submitted to the Board for its approval, subject to 
such notice and opportunity to be heard as it may deem necessary, 
(1) an itemized budget of its estimated expenses, and (2) an equi- 
table basis upon which the funds necessary to support such budget 
shall be contributed by Members of the Industr}^ having a plant or 
plants within the district. 

Section 11. If the 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 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 Au- 
thority or agency pending final action which shall not be effective 
unless the Board approves, or unless it shall fail to disapprove after 
thirty (30) days notice to it of intention to proceed with such action 
in its original or modified form. 

LIME INDUSTRY MANUFACTURING DISTRICTS 

Section 12. The Industry shall be divided into '" Lime Industry 
Manufacturing Districts " which districts initially established are 
set forth in Schedule A of this Code. The Code Authority may 
from time to time revise such districts or any of them, subject to 
the approval of the District Control Committees of the districts 
affected, and subject to modification or approval by the Board upon 
review. 

DISTRICT CONTROL COMMITTEES 

Section 13. All members having a plant or plants located in each 
district may. at a meeting called for that purpose on proper notice, 
at which meeting each such member shall be entitled to one (1) vote, 
establish therefor, upon the majority vote of such members in at- 
tendance at such meeting, a District Control Committee to consist of 
such number of supporting members as the voting members shall de- 
termine, subject to the approval of the Code Authority and the 
Board. In order to provide, as far as practicable, and as not other- 
wise required by this Code, for the administration of this Code 
within each district by the members having a plant or plants located 
therein, the District Control Committees, in addition to the duties 



314 

and powers conferred upon them alsewhere in this Code, shall be 
charofed with the power and duty of supervising the provisions of 
this Code within their respective districts, subject to disapproval of 
the Code Authority and subject to modification or approval upon 
review by the Board, 

(a) Any information required to be submitted to a District Con- 
trol Committee shall be reported to a confidential agency selected by 
the District Control Committee, and if, in the opinion of such com- 
mittee, a violation of this Code is disclosed, such committee shall file 
such information together with a formal complaint in accordance 
with such plan for handling trade practice complaints as may have 
been approved by the Board. All activities of the District Control 
Committees shall be subject to the disapproval of the Code Author- 
ity. Copies of minutes of all meetings held by District Control 
Committees shall be filed immediateh' with the Code Authority and 
by it with the Board. 

(b) Each District Control Conmiittee shall adopt by-laws, rules 
and regulations of procedure for the conduct of its business under 
this Code. Such by-laws, rules and regulations shall be subject to 
the approval of the Code Authority and the Board, and true copies 
of such i)y-laws. rules and regulations shall be furnished to the Code 
Authority and by it to the Board. 

Article VII — Reports 

Section 1. In addition to such reports as may be required from 
time to time under the provisions of Section 6, Subsection (d) of 
Article VI, each Member of the Industry shall furnish to a con- 
fidential agency of the Code Authority promptly and upon forms 
approved by the Code Authority, complete and accurate reports of 
shipments, plant capacity, and such other data pertinent to the 
administration of this Code as the Code Authority may specify. 
Information pertaining to the operations of individual Members of 
the Industry shall be kept confidential at all times. 

Section 2. At the option of any District Control Committee, such 
reports and statistical data may be collected and compiled b}" it for 
the district. In case any District Control Committee, or a majority 
of the members in any unorganized district shall require it, such 
reports and statistical data for that district shall be collected through 
a confidential agenc}- appointed by such District Control Committee, 
or, in the case of an unorganized district, a confidential agency of the 
Code Authority. All such data shall be furnished to the Code 
Authority. 

Section 3. The confidential agency of the Code Authority shall 
compile such records and statistical data in accumulated totals and 
averages by districts and for all districts and distribute the same to 
all members. 

Article VIII — Marketing 

cost finding 

Section 1. The Code Authority shall cause to be formulated 
methods of cost finding and accounting capable of use by all Members 
of the Industry, and shall submit such methods to the Board for 



315 

review. When approved by the Board, full information concerning 
such methods shall be made available to all Members of the Industry. 
Thereafter, each Member of the Industry shall utilize such methods 
to the extent found practicable. Xothing herein contained shall 
be construed to permit the Code Authority, any agrency thereof, 
or any Member of the Industry to su<r^est or agree to uniform 
additions, percentages, or differentials or other uniform items of 
cost which are designed to bring about arbitrary uniformity of 
costs or prices. 

METHODS OF SELLING 

Establishment of Basing Points 

Sectiox 2. Each District Control Committee shall establish for 
each manufacturing plant within its district, subject to the dis- 
approval of the Board, a leasing point to govern all rail shipments. 
Different basing points may be established for different products. 
Said basing point, which may be changed or revised from time to 
time as conditions warrant, subject to the approval of the Board, 
shall be fair and reasonable to all interested parties. Xothing herein 
contained shall prevent any Member of the Industry from estab- 
lishing his own plant as his basing point if he so desires; provided, 
however, that such Member of the Industry shall file his intention 
with his District Control Committee, and if there is no District 
Control Committe, then with the Code Authority, prior to sticli 
plant becoming a basing point. 

(a) In the event that any district shall not have a District Con- 
trol Committee, then such basing point or points shall be established 
for such district by the Code Authority, after first requesting the 
recommendation of Members of the Industry within such district. 

(b) The District Control Committee shall also designate the low 
rate area governed by each basing point, which shall include all 
destinations to which the basing point has the low or equal all-rail 
freight rate for each Industry Product in the same rail freight classi- 
fication manufactured at those plants for which the basing point has 
been established. Accepted geographic lines may be used as bound- 
aries of such low rate areas, provided, that the District Control Com- 
mittee shall provide for the use of the low basing all-rail freight rate 
for all destinations. Any District Control Committee may, for any 
designated product manufactured within the district, estaljlish for 
any plant a basing point already established by some other District 
Control Committee if the low rate area of such basing point is partly 
within the boundaries of the district designating such basing point. 
For the purposes of this Code, the District Control Committee of 
District 5-A (as set forth in Schedule A of this Code) shall select 
a basing point for Ohio finishing hjxlrated lime produced in said 
District 5-A. and the entire United States shall become the " low 
rate area " for that selected basing point. 

Price Publication 

Section 3. Each Member of the Industry shall, not later than ten 
(10) days after the effective date of this Code, file as provided here- 
after in Subsection (d) of this Section 3, with a confidential and 



316 

disinterested agency of the District Control Committee for the Dis- 
trict in which the manufacturing plant is located, or if none, then 
with a confidential and disinterested agency of the Code Authority, 
identified lists of all his prices, discounts, terms and conditions of 
sale, hereinafter referred to as " price terms *', for each of the Indus- 
try Products manufactured and ottered for sale, which price terms 
shall become effective at the expiration of such ten (10) day period 
and shall so file all subsequent changes therein or revisions thereof 
Avhich shall become effective as hereinafter provided. All such lists 
shall completely and accurately conform to and represent the indi- 
vidual pricing practices of said Member and shall contain the price 
terms for all such standard products of the Industry as are manu- 
factured and offered for sale by said Member and for such non- 
standard products of said Member as shall be designated by the Dis- 
trict Control Committee and/or the Code Authority. Changes in 
or revisions of price terms shall become effective at 12:00-M Mid- 
night of the fifth (5th) day following the receipt thereof by said 
agency; provided that any Member of the Industry may file his 
price terms to meet those filed by another Member of the Industry 
to take effect on the effective date of the price terms so to be met ; and 
provided further, that if a Member of the Industry desiring to meet 
the price terms of another, is unable to do so by reason of failure 
to receive notice of such filing prior to the effective date of such 
revised price terms, he may, nevertheless, file his own price terms 
within forty-eight (48) hours after receiving notice of the filing 
of the price terms to be met, in which case his price terms will 
become effective on filing. 

(a) Immediately upon receipt thereof, said agency shall, by tele- 
graph or other equally prompt means, notify said manufacturer of 
such receipt. Such lists and revisions, together with the effective 
time thereof, shall upon receipt be immediately and simultaneously 
distributed to the members within the district interested therein, 
and to the Code Authority. Immediate and simultaneous distribu- 
tion shall also be made to any other Member of the Industry inter- 
ested therein, and to all customers who have applied therefor in 
writing and have agreed to defray the cost actually incurred by the 
designated agency in the preparation and distribution thereof. 
Copies shall be available at the office of such agency for inspection 
by customers of any Member of the Industry. Such lists and re- 
visions, or any part thereof, shall not be made available to any per- 
son until released to those designated above as entitled to receive 
the same. 

(b) The Code Authority shall maintain a permanent file of all 
price terms filed as herein provided, and shall not destroy any part 
of such records except upon written consent of the Board. Upon 
request the Code Authority shall furnish to the Board or any duly 
designated representative of the Board copies of any such lists or 
revisions of price terms. 

(c) When any Member of the Industry has filed any revision, 
such member shall not file a higher price within forty-eight (48) 
hours. 

(d) Price terms shall be filed f. o. b. rail basing point for the low 
rate area in which the member's plant is located. Such price terms 



317 

shall include all Industry Products manufactured at and offered for 
sale fi'oni such plant, and shall designate any destinations or areas 
beyond the low rate area in which the manufacturing plant is located 
to be governed b}' such price terms. The delivered price terms of 
each such Industry Product for rail delivery within such low rate 
area and to the designated destinations or areas beyond such low 
rate area shall be the sum of the price or prices filed f. o. b. basing 
point plus the rail freight rate from basing point to destinations. 
For areas and destinations not included in the price terms so filed, 
any Member of the Industry wishing to meet the competition of any 
other Member of the Industry may do so, except as provided in Sub- 
section (f ) of this Section 3, by filing the following statement, which 
shall be considered the filed price t^rms for any destination or area 
not included in the price terms filed for the basing point.' 

'* Delivered price terms to destinations or areas not covered by the 
price terms filed for the basing point shall not be more favorable to 
the purchaser than the most favorable price terms published by other 
Members of the Industry for the same destination or area for like 
Industry Products of similar grade and quality." 

(e) Price terms shall also be filed for any shipments from manu- 
facturing plants by truck or water, and/or any *■' mill pick-ups ", 
such price terms to specify (1) the area in which any truck or water 
shipments will be made, (2) the trucking or water transportation 
charge or rate, and (3) the minimum quantity to be shipped by 
truck or water; provided, nothing herein contained shall prevent 
any Member of the Industry from meeting truck or water prices 
filed for like Industry Products of similar grade and quality, and 
provided further, that the Member of Industry meeting such filed 
prices shall file his own prices on like Industry Products of similar 
grade and quality in accordance with all the provisions for filing as 
provided for in this Article VIII, and specifically as provided for 
in this Subsection (e) of this Section 3 of this Article VIII. 

(f) The net realized plant price for any Industry Product which 
is sold for delivery in any area or destination to meet competitive 
price terms of another Member of the Industry as provided in Sub- 
section (d) above, must not be less than eighty percent (80%) of the 
filed price for that product f . o. b. basing point.^ 

(g) In order to insure that this provision will not work a hard- 
ship on any Member of the Industry, or the customers of the In- 
dustry, in any given locality, any Member of the Industry may 
petition the Code Authority for relief by exemption or modification 
of this limitation as it applies to his sales. Upon receipt of such 
a petition, the Code Authority shall fix a date for the hearing of 
same within fifteen (15) days. At the same time, the Code Author- 
ity shall notify the District Control Committees of all production 
districts whose manufacturers ship to destinations named in the 
petition, as well as the District Control Committee in whose low rate 
area destinations are located, enclosing copies of the petition and 
affording the opportunity for those committees and their witnesses 
to be heard at said hearing. Based upon the evidence submitted, the 
Code Authority shall render a decision within ten (10) days from 

1 See paragraph 2 (1) of order approving this Amendment. 



318 

date of hearing, submitting same, together with all pertinent testi- 
mony and facts, to the Board for its consideration. If, within 
thirty (30) days after submission to the Board, such decision shall 
not be disapproved by the Board, the Code Authority shall advise 
all interested parties of the decision, which shall be final and binding 
upon all Members of the Industry, subject to the disapproval of or 
modification by the Board at any time.^ 

Section 4. No Member of the Industry shall sell, or offer to sell, 
Industry Products for which price terms have been filed pursuant 
to the provisions of this Article VIII, at variance with such price 
terms then in effect, except as otherwise provided in this Code. 

Section 5. No member of the Industry shall enter into any agree- 
ment, understanding, combination or conspiracy to fix or maintain 
price terms, nor cause or attempt to cause any Member of the 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 VIII to 
create. 

Section 6. Nothing hereinabove contained shall prevent any Mem- 
ber of the Industry from deviating from his filed price terms in 
order to meet the competitive price terms of Members of the Indus- 
try shipping from plants producing like Industry Products of simi- 
lar grade and quality located in other low rate areas for destinations 
in the low rate area in which his plant is located ; provided, however, 
that said member shall file with his District Control Committee 
immediately and before quotation is made, the destination or desti- 
nations involved, and the name and delivered price terms of the 
competitor whose price terms are to be met. 

Section 7. It shall be an unfair method of competition for any 
Member of the Industry to file price terms not as a bona fide expres- 
sion of business policy but merely for the purpose, or with the effect, 
of discriminating between different purchasers of a product of simi- 
lar grade and quality, or to deviate from any of the provisions of 
this Article VIII. 

Merchandising Plans 

Section 8. Each District Control Committee may prepare a uni- 
form merchandising plan and/or system of standardization of prod- 
ucts, containing such provisions as may be deemed necessary or 
proper to insure fair selling methods and to prevent unfair com- 
petitive practices by the Members of Industry selling within the 
low rate areas of the district. When such plans and/or systems 
have been so prepared for the low rate areas of any district they 
shall be submitted for approval to all supporting members in that 
district. 

(a) When approved by supporting members who, in the preced- 
ing calendar year produced at least sixty (60) per cent of the total 
district tonnage produced in that year, such plans and/or systems 
shall be sent to the Code Authority for review and approval. 

(b) Upon approval by the Code Authority, subject to approval 
upon review by the Board, with which copies of all such plans and/or 



1 See paragraph 2 (1) of order approving this Amendment. 



319 

systems shall be filed immediately, it shall be an unfair method of 
competition for any Member of the Industry to quote or sell Indus- 
try Products for delivery at any destination within the low rate 
areas of the district for which such plans and/or systems have been 
ajiproved, except in accordance with the provisions thereof.- 

Standard Forms 

Sectiox 9. Each District Control Connnittee, in cooperation with 
the Code Authority, shall prepare immediately standard forms for 
quotations and contracts for use by all Members of the Industry 
producing; in the district, which forms shall specify the terms and 
conditions under which quotations and contracts for sale shall be 
made. AVlien so prepared and approved by the District Control 
Commitree such forms shall be sent to the Code Authority for review 
and approval. 

(a) Upon approval by the Code Authority, subject to approval 
upon review by the Board, with which copies of all such forms shall 
be filed innnediately, it shall be an unfair method of competition 
for any Member of the Industry to quote or sell Industry Products 
for delivery at any destination within the low rate areas of the 
district for which such forms have been approved, on terms and 
conditions at variance with those specified in such approved forms.^ 

Standards of Fair Competition for Pricing 

Section 10. The standards of fair competition for the Industry 
with reference to pricing practices are declared to be as follows : 

Costs and Price Cutting 

(a) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any Member of the Industry or of 
any other Industr}', 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 any enterprise, 
large or small, or tending toward monopoly or the impairment of 
code wages and working conditions. The Code Authority shall, 
within five (5) days, afford an opportunity to the member filing the 
price to answer such complaint and shall, within fourteen (14) days, 
make a ruling or adjustment thereon. If such ruling is not concurred 
in by either party to the complaint, all papers shall be referred to the 
Research and Planning Division of X. R. A. which shall render a 
report and recommendation thereon to the Board. 

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

(c) "Wlien an emergency exists as to any given product, sale below 
the stated minimum price of such product, in violation of Section 
11 and Subsection (a) of Section 11 hereof is forbidden. 



See paragraph 2 (2) of order approving this Amendment. 



320 

Emergency Provisions 

Sectiox 11. If the Board, after investigation, shall at any time 
find both (1) that an emergency has arisen within any designated 
area adversely affecting any enterprise, large or small, or wages or 
labor conditions, or tending toward monopoly or other acute condi- 
tions which tend to defeat the purposes of the Act; and (2) that the 
determination of the stated minimum price for a specified product 
within such designated area 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 Board a deter- 
mination of the stated minimum price of the product affected by the 
emergency and thereupon the Board may proceed to determine such 
stated minimum price. 

(a) When the Board shall have determined such stated minimum 
price for a specified product for a stated period in such specified 
area, which price shall be reasonably calculated to mitigate the con- 
ditions of such emergenc}'' and to effectuate the purposes of the Act, 
it shall publish such price. Thereafter, during such stated period, 
no Member of the Industry shall sell such specified products in such 
specified area at a net realized price below said stated minimum price 
and any such sale shall be deemed destructive price cutting. From 
time to time, the Code Authority may recommend review or recon- 
sideration, or the Board may cause any determination hereunder to 
be reviewed or reconsidered and appropriate action taken. 

Akticle IX — Trade Practice Rules 

Section. 1. The following trade practices are specifically declared 
to constitute unfair methods of competition between Members of 
the Industry, and no Member of the Industry shall use or engage 
in any of them, either directly or indirectly, through any officer, 
agent or employee. Engaging in any one or more of these or any 
further trade practice provisions which hereafter may be estab- 
lished on recommendation by the Code Authority, approved by the 
Board, after such hearings as it may prescribe, shall be deemed to 
be in violation of this Code. 

departure from agreed working conditions 

Section 2. The paying of lower than the minimum wages herein 
prescribed, or the exaction of hours of labor in excess of the maxi- 
mum herein prescribed without complying with the overtime 
requirements. 

commercial bribery 

Section 3. No Member of the Industry shall give, permit to be 
given, or offer to give anything of value for the purpose of influenc- 
ing or rewarding the action of any employee, agent, or representa- 
tive 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- 



321 

tribiition of articles commonly used for advertising except so far 
as such articles are actually used for commercial bribery as herein- 
above defined. 

REBATES, SUBSIDIES, ETC, 

Section 4. To make secret allowances, such as bonuses, rebates, 
refunds, credits, unearned discounts, or subsidies of any kind, 
whether in the form of money, services, advertising, or otherwise for 
the purpose of influencing the sale of Industry Products. 

LUMP SUM BIDS AND CONTRACTS 

Section 5. To submit a bid or bids for two or more commodities, 
at least one of which is an Industry Product, in which the unit price 
of each commodity is not clearly stated. Accepting orders or con- 
tracts for sale at a lump sum where the contract does not specify 
the exact quantity, quality, and unit price of the product. 

COMBINATION SALES 

Section 6. No Member of the Industry shall sell or offer to sell any 
commodity, except in accordance with his current price list for that 
commodity, or, if the commodity in question is not an industry 
product, then at less than the bona fide invoice price, plus all trans- 
portation costs, if any, for such commodity for the purpose or hav- 
ing the effect of influencing or inducing the sale of Industry Prod- 
ucts and thereby creating an unfair price advantage for a Member 
of the Industry. 

INDUCING BREACH OF CONTRACT 

Section T. Knowingly inducing or in any manner attempting to 
induce the breach of any existing sales order or of any existing con- 
tract between a competitor and his customer or source of supply; or 
interfering with or obstructing in any manner the performance of the 
contractual duties or services between a Member of the Industry and 
his customer. 

DEFAMATION OF COMPETITORS 

Section 8. To defame or disparage a competitor directly or in- 
directly by words or acts which unfairly raise a question as to his 
business integrity, his ability to perform his contracts, his credit 
standing, or the quality of his product. 

LIMITATIONS ON SALES OF QUICKLIME IN BULK 

Section 9. The sale by any Member of the Industry to any pur- 
chaser of quicklime in bulk which he knows is for purposes of resale 
as packaged quicklime. 

MISREPRESENTATION 

Section 10. To sell or offer for sale Industry Products for the 
purpose or with the effect of deceiving customers or prospective cus- 
tomers as to the quantity, quality, or grade of such products. 



322 



FALSE BILLING 



Section 11. Marking, branding, and labeling Industry Products 
and making statements regarding Industry Products, the purpose 
or effect of which may be to mislead or deceive purchasers as to the 
quantity, quality, grade or substance of such products purchased. 



IMITATION OF TRADE MARKS 



Section 12. To imitate or to simulate the trade mark, trade name, 
package, brand, or label of a competitor in such degrp^. as to deceive, 
or have a tendency to deceive customers. 

consigned goods 

Section 13. Shipping goods on consignment except under circum-. 
stances to be defined by the Code Authority and approved by the 
Board, where peculiar circumstances of the industry require that 
practice. 

TRANSACTIONS WITH JOBBERS, AGENTS AND DEALERS 

Section 14. A builders' supply dealer or an agricultural dealer 
shall not in any case be classified as an agent for chemical, indus- 
trial, or agricultural lime, or as a jobber for building lime in the 
trading area in which he operates as a retail dealer, unless approved 
by the District Control Committee involved.^ 

Section 15. Purchases of Industry Products by a jobber (as de- 
fined in Article II, Section 11) for his own use or for resale from 
his own retail yard, shall be on the dealer price basis.^ 

SHIPMENTS without ORDERS 

Section 16. To make shipments without having a bona fide order 
from the customer at the time the shipment is made. 

contracts 

Section 17. All bona fide contracts and/or orders for shipments 
for specific jobs and/or period requirements may be shipped at the 
price specified in the contract and/or order, regardless of any sub- 
sequent price increase, and any Industrj^ Product so shipped must 
be applied only on such contract and/or order. 

(a) In the event of any advance in the price or prices or a sale 
at less than a listed price of Industry Products by a Member of the 
Industry, such member shall, within thirty (30) days, file with a 
confidential and disinterested agency of his District Control Com- 
mittee a list of all uncompleted contracts and/or orders made or 
entered into prior to the price increase, giving the name of cus- 
tomer, total tonnage required, price and expiration date; and, in 
the case of specific building job contracts, the name of the job. its 
location, the dealer, the contractor, unshipped tonnage, and price, 
with a certification from the dealer that he has a bona fide contract 



» See paragraph 2 (3) of order approving this Amendmeut. 



323 

with the contractor and/or owner covering such products, and shall 
report to such agency of his District Control Committee all ship- 
ments made on any such contracts and/or orders as and when the 
same are made and also shall report completion, cancellation, or 
modification thereof, and may report information concerning any 
other members listed contracts and/or orders. 

(b) All contracts made within thirty (30) days (except Govern- 
ment jobs made to meet requirments of proposals or applicable law) 
after any price increase but based upon a quotation made prior there- 
to may be shipped at the contract price regardless of any price 
increase, provided that on all such jobs the contract and/or con- 
tracts involving industry products has been awarded prior to the 
expiration of the thirty (30) day period following the date of price 
increase, all such contracts must be filed with such agency of the 
District Control Committee in the manner aforesaid within fifteen 
(15) days after said thirty (30) day period (or such other period 
stipulated by Governmental proposals of applicable law). Such 
agency of the District Control Committee shall promptly dissemi- 
nate to Members of the Industry concerned all information pertain- 
ing to such specific building job contracts and/or orders, and, in 
the case of other contracts, information regarding the validity of 
any specific contract or commitment so filed shall be given to any 
Member of the Industry upon request. 

DURATION OF CONTRACTS 

Section 18. Except where otherwise necessary to meet Govern- 
mental bid requirements, no Member of the Industry shall make any 
quotation for a period in excess of fifteen (15) days from date of 
quotation; provided, however, that any such quotation may be specifi- 
cally renewed for a like period upon request of the prospective 
purchaser. 

Cherrbieal lime 

(a) Xo member of the Industry shall contract or agree to furnish 
chemical lime to any purchaser for more than a calendar quarter- 
annual period; nor shall he make any quotation, contract, or agree- 
ment for the sale of lime for any such calendar quarter-annual 
period, prior to the first day of the last month of the immediately 
preceding calendar quarter-annual period. 

Building lime 

(b) In instances where building lime is sold for specific jobs in 
lieu of making specific job contracts with dealers and processors, a 
purchase order at the prevailing price will be considered as a suf- 
ficient binding contract with the provision that if the price advances 
at any time, a specific job contract will be written within thirty 
(30) days after the price advance at the price prevailing at the 
date of the purchase order for the amount of lime still required. 
Specific job contracts must be supported b}- the dealer's original 
order and record of prior deliveries, if any, and the contractor's 
written estimate of the balance required for completition. ^Hiere 



324 

no specific job contract is made within thirty (30) days after the 
price advance, then such jobs must take the advanced price. 

Agricultural lime 

(c) No member of the Industry shall contract or agree to furnish 
agricultural lime to any purchaser for more than a calendar semi- 
annual period, nor shall he make any quotation, contract, or agree- 
ment for the sale of such product for any such calendar semiannual 
jDeriod j^rior to the first day of the month immediately preceding 
such calendar semiannual period. 

Govetmment purchases 
(Federal, State, County, Municipal and/or other Political Subdivisions) 

(d) Each bid shall specify that it shall be void if award shall not 
be made and contract executed within thirty (30) days after date 
of the opening of bids ; and only calendar quarterly contract shall be 
accepted, unless otherwise specified in the proposal or by applicable 
law, but in no case for any period longer than one (1) year. 

FALSE CLASSIFICATION 

Section 19. The classification of Industry Products for the pur- 
pose of determining freight charges thereon, different from the clas- 
sification adopted by the Industry and accepted by the rail carriers, 
to secure a lower freight rate. 

SUBSTITUTION 

Section 20. Substitution of any Industry Product superior in 
quality or grade for the purpose of furnishing such product at prices 
lower than would otherwise prevail. 

contingent sales 

Section 21. The purchase of materials or service from a buyer of 
Industry Products, made contingent upon the sale of Industry Prod- 
ucts by a Member of the Industry, or the sale of Industry Products 
by a Member of Industry made contingent upon the purchase of 
materials or service. 

splitting of commissions 

Section 22. To permit the splitting of commissions or other com- 
pensation received by an employee or agent of the seller, with the 
buyer for the purpose or with the effect of influencing a sale of 
Industry Products. 

Article X — Modification 

Section 1. This Code and all the provisions thereof are expressly 
made subject to the right of the President, in accordance with the 
provision of Subsection (b) of Section 10 of the Act, from time to 



325 

time to cancel or modify any order, approval, license, rule, or regula- 
tion issued under Title I of said Act and specifically, but without 
limitation, to the right of the President to cancel or modify his 
ajjproval of this Code or any conditions imposed by him upon his 
approval thereof. 

Section 2. Such of the provisions of this Code as are not required 
to be included therein by the Act, may, with the consent of the In- 
dustry and the approval of the Board, be amended as provided in 
Section 3 hereof, in such manner as may be indicated by the needs 
of the public, by changes in circumstances, or by experience. All 
the provisions of the Code, unless so modified or eliminated, shall 
remain in effect until the expiration date of Title I of the Act. 

Section 3. An amendment may be proposed by any interested 
party either to the Code Authority or directly by or to the Board. 
All proposed amendments shall be referred to the Code Authority, 
which shall give Members of Industry an opportunity to be heard 
thereon, and thereafter the Code Authority may make such recom- 
mendations thereon as is deemed proper. When approved by the 
Board as necessary to effectuate the policies of the Act, after such 
notice and hearing as it may prescribe, any proposed amendment 
shall thereupon become effective as a part of this Code. 

Section 4. If the Code Authority shall desire to propose an 
amendment, after having approved the same, it shall submit the 
same to the Members of the Industry who shall thereupon vote 
upon said proposed amendment either at a special meeting called for 
that purpose or by mail ballot, at the discretion of the Code Author- 
ity. Upon the approval of the majority of the Members of the 
Industry so voting the Code Authority shall then submit the pro- 
posed amendment to the Board. 

Article XI — Monopolies 

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

Article XII — Effective Date 

This Code as amended shall become effective on the tenth (10th) 
day after the date of its approval by the Board and shall then super- 
sede the Code of Fair Competition for the Lime Industry approved 
by the President October 3rd, 1933. 

Approved Code No. 31 — Amendment No. 2. 
Registry No. 1026-01. 



1.35637—3.5- 



SCHEDULE A 

LIME INDUSTRY MANXTFACTtTRING DISTRICTS 

District 1 : Connecticut, Maine, Massacliusetts, New Hampshire. Rhode 
Island, Vermont and that portion of New York east of the 77th meridian. 

District 2 : Delaware, District of Columbia, Maryland, New Jersey, and that 
portion of Pennsylvania east of the 77th meridian. 

District 3: West Virginia and that portion of New York and Pennsylvania 
west of the 77th meridian. 

District 4: North Carolina, South Carolina, Virginia. 

District 5a : The Ohio hydrated finishing lime plants and factories located 
in the State of Ohio ; Herzog Lime and Stone Company, Forest. Ohio : Gibson- 
burg Lime Products Company, Gib.sonburg, Ohio; Kelley Island Lime and 
Transport Company, White Rock, Gil)sonburg and Tiffin, Ohio ; National Gypsum 
Company, Luckey, Ohio : National Lime and Stone Company, Carey. Ohio; Na- 
tional Mortar & Supply Company, Gibsonburg, Ohio ; Ohio Hydrate and Supply 
Company, Woodville. Ohio; United States Gypsum Company, Genoa. Ohio; 
Washington Building Lime Company, Woodville, Ohio; Woodville Lime 
Products Company. Woodville, Ohio. 

District 5b : Stare of Ohio, except the hydrated finishing lime plants described 
in District 5a above. 

District 6: Michigan. 

District 7: Illinois, Indiana and that portion of Missouri east of the 93rd 
meridian. 

District 8 : Wisconsin. 

District 9: Iowa. Miimesota, North Dakota and South Dakota. 

Districts 10 and 11 : Alabama, Florida, Georgia, Kentucky, Louisiana east of 
the Mississippi River. Mississippi. Tennessee. 

District 12: Arkansas, Kansas, Louisiana west of the Mississippi River, 
Neln-aska, Oklahoma and that portion of Missouri west of the 93rd meridian. 

District 13: Texas. 

District 14: Idaho, Montana, Oregon, Washington, Wyoming. 

District 15 : Arizona, California, Colorado, Nevada, New Mexico. Utah. 

(326) 



SCHEDULE B 

DOLOMITE DIVISION OF THE CODE OF FAIR COMPETITION FOR THE LIME INDUSTRY 

Article I 

To effectuate the policies of Title I of the National Industrial Recovery 
Act, and to make specifically applicable the provisions of the Code of Fair 
Competition for the Lime Industry this Schedule B is hereby established as a 
Code of Fair Competition for the Dolomite Division of the Lime Industry. 
All the provisions of the Code of Fair Competition for the Lime Industry are 
incorporated herein by reference and shall be binding upon every Member of 
the Industry, except those provisions which are inconsistent and inapplicable 
to the Industry Products of the Dolomite Division. 

Article II — Deiinitions 

Section 1. In addition to the definitions contained in Article II of the 
Code of Fair Competition for the Lime Industry, the terms enumerated in 
this Article II shall have the meanings herein defined wherever used in this 
Schedule B or in any supplement appertaining thereto. 

Section 2. The term " Dolomite Division " includes the manufacture and/or 
original sale of Industry Products by a Member of the Industry either by 
himself or by his agent, which includes without limitation any person or 
corporation occupying a subsidiary or controlling relationship or one <>f com- 
mon, mutual or joint ownniship or control to a ^Member of the Industry. 

Section o. The term " Industry Products " includes dolomiric lime for re- 
fractory purposes irrespective of the extent of burning or other refinements. 

Section 4. The term " Member of the Industry " includes but without limi- 
tation, any individual, partnership, association, corporation or other form of 
enterprise engaged in the Industry, either as an employer or on his or its 
own behalf. 

Section 5. Wherever used in the provi.sions hereinafter incorporated in this 
Code by reference, the term " Code Authority " means that body constituted 
hereinafter by Article III. 

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

ORGANIZATION AND CONSTITUTION 

Section 1. A Code Authority is hereby constituted to administer the pro- 
visions of this Schedule B and shall consist of not more than nine (9) voting 
members. Each of such voting members shall be a representative of a Mem- 
ber of the Industry <if this Ddomite Division. 

(a) In addition to the above membership the National Industrial Recovery 
Board may appoint three (3) members without vote and without compensa- 
tion from the Industry otherwise to aci as members of the Code Authority 
for such terms as it may specify. For the purpose of this Code such meni- 
bers as have been appointed on the National Code Authority for the Lime 
Industry shall .serve as such members on the Code Authority for the Dolo- 
mite Division. 

(327) 



Approved Code No. 214 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SLIT FABRIC MANUFACTURING INDUSTRY 

As Approved on April 1, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Slit 
Fabric Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act. a})proved June 16. 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Slit Fabric Manufac- 
turing Industry and a Xotice of Opportunity to File Objections being 
issued simultaneously with this recommendation, and the annexed 
report on said amendment containing findings with respect thereto 
having been made and directed to the President; 
^ NOW. THEREFORE, in 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 policies and purposes of said Title of said Act, 
and does hereby order that said amendment be and it is hereby 
approved and tliat the previous approval of said Code is hereby 
modified to include an approval of said amendment to take effect 
twenty (20) days from the date hereof, unless good cause to the 
contrary be 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 : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

April i, 1935. 

(329) 



REPORT TO THE PRESIDENT 

The President. 

The White House. 

Sir : The Code Authority for the Slit Fabric Manufacturing In- 
dustry submitted a proposed amendment of the Code of Fair Com- 
petition for the Slit Fabric Manufacturing Industry. 

As this amendment is in accordance with standard form and con- 
sistent with the policies of the Administration, a Public Hearing 
was considered unnecessary and in lieu of the Public Hearing, the 
Order approving said amendment makes the approval and the 
amendment effective twent}' days from the date of the signing of the 
Order, unless good cause to the contrary is shown prior to that time. 
A Notice of Opportunity to File Objections will be issued simultane- 
ously with the approval of this amendment. 

This amendment is to the effect that nothing contained in the Code 
shall constitute members of the Code Authority partners for any 
purpose. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Code, having 
found as herein set forth and on the basis of all proceedings in this 
matter : 

The National Industrial Recovery Board finds that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the purpose of 
cooperative action of labor and management under adequate govern- 
mental 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 temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, b}^ reducing and relieving unemj^loyment, 
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 ste])s of the economic process have not 
been deprived of the right to be heard prior to the effective date of 
said amendment. 

For these reasons this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Officer. 
April 1, 1935. 

(330) 



AMEXDMEXT TO CODE OF FAIK COMPETITIOX FOR 
THE SLIT FABEIC MANUFACTURING INDUSTRY 

Article YI is amended by the addition of a new Section 7 which 
reads as follows : 

Nothing contained in this Code shall constitute the members of 
the Code Authority partners for any purpose. Nor shall any member 
of the Code Authority be liable in any manner to anj^one for any 
act of any other member, officer, agent or employee of the Code 
Authority. Nor shall any member of the Code Authority, exercis- 
ing 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, misfeasance or non-feasance. 

Approved Code No. 214 — Amendment No. 2. 
Registry No. 299-04. 

(331) 



Approved Code No. 194 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BLOUSE AND SKIRT MANUFACTURING 
INDUSTRIES 

As Approved on April 2, 1935 



ORDER 



Approving Amendment of Code or Fair Competition for the 
Blouse and Skirt Manufacturing Industries 

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 Blouse and Skirt 
Manufacturing Industries, 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 
x^rpsirlprit; * 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby incorporate, by reference, said annexed report and does 
find that said amendments and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendments be and they are hereby 
approved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended, such approval and such amendments to take effect 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 Reco\^ery Board, 
By W. A. Harriman, Administrative Oificer. 

Approval recommended : 
Prentiss L. Coonley, 

Division Administrator. 

Washington, D. C, 

April 2, 1935. 

(333) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: A public hearing was called on October 26, 1934, to discuss 
amendments to the Code of Fair Competition for the Blouse and 
Skirt Manufacturing Industries. The hearing subsequently ad- 
journed to November 16, 1934, and to December 3, 1934, and again 
to December IT, 1934, at which date the amendments were properly 
heard. 

Following the hearing, the amendments were revised upon the 
basis of facts presented and in accordance with the suggestions of 
the various Advisory Boards, the Legal Division, and the Division 
of Research and Planning of the National Industrial Recovery 
Administration. 

Article III was amended by adding thereto a new Section, 6-A, 
which provided for a wage dilferential for operators or ironers 
certified to be of very low productive capacity. 

Article III was further amended by adding thereto a new Sec- 
tion 9, which provides that a manufacturer or jobber shall be liable 
for any underpayment made to a contractor if claim for such under- 
payment is filed by such contractor within three weeks of the date 
following the customary accounting settlement period. 

In accordance with the counsel of the Legal Division, notices of 
Opportunity to be Heard will be printed and distributed in the 
same manner as notices of Public Hearing. A specified date is 
set forth in such notices, by which time objections and criticisms 
are to be received relative to these amendments. 

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 Industrial Recovery Act, including the removal of 
obstructions to tlie free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the purpose of cooperative action of labor and management under 
adequate governmental sanctions and supervision, by eliminating 
unfair 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 agricultural 
products through increased purchasing power, by reducing and 
relieving unemployment, by improving standards of labor, and by 
otherwise rehabilitating Industr3\ 

(334) 



335 

(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 Secticm 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 O'fficer. 
April 2, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
BLOUSE AND SKIRT MANUFACTURING INDUSTRIES 

Amend Article III, by the addition of a new Section to be known 
as 6-A, reading as follows: 

In the blouse industry an individual operator or ironer, who is 
certified to be of very low productive capacity, may be employed 
at a wage less than the minimum wage prescribed for said worker 
in Article III, Section 3-A, provided : 

(1) That at least 50% of the workers in the same class in an 
individual plant earn more than the minimum wages prescribed for 
said class : 

(2) That the regular piece rates, where such exist, shall be paid 
to such workers, and that the wages to be paid to such workers of 
very low productive capacity shall not be less than 75% of the mini- 
mum wages prescribed for the class to which said worker belongs; 
or less than $14.00 per week in cities having more than 250,000 
population, and in New York City, or less than $12.00 per week in 
cities having a population of 250.000 or less — in those cases where 
75% of the prescribed minimum wage would yield less than $14.00 
per week or $12.00 per week. 

(3) In any one plant the total number of workers in any one of 
the above named classes receiving less than the minimum wages 
prescribed for said class shall not exceed 20% of the total number 
of workers in said class whether the exemption from the minimum 
rate of wages is based upon the exemption allowed for learners in 
Section 5, for employees of limited earning capacity in Section 6, or 
for very low productive capacity provided for above. 

(4) Each employer shall submit the names of workers claimed 
to be of very low ])roductive capacity to an Exemption Committee 
or to the Labor Complaints Committee for certification as to their 
very low productive capacity. 

The Labor Complaints Committee shall issue certificates of very 
low productive capacity for the individual workers to their em- 
ployers. Pending recognition of a Labor Complaints Committee 
by the National Industrial Recovery Board, an Exemption Commit- 
tee shall be appointed immediately. Saicl Exemption Committee 
shall consist of four (4) members. The Code Authority shall ap- 
point two members to represent employers, and the Labor Advisory 
Board of the National Recovery Administration shall appoint two 
members to represent employees. 

The members of the Exemption Committee shall designate an 
impartial chairman to whom any matters of disagreement on classifi- 
cation of workers of very low productive capacity shall be referred, 
and the decision of the impartial chairman shall be binding upon 
said Exemption Committee. 

(336) 



337 

All exemptions granted by the Labor Complaints Committee or by 
the Exemption Committee shall be subject to disapproval by the 
National Industrial Recovery Board. 

Amend Article III by the addition of a new section, to be known 
as Section 9. reading as follows: 

When a contractor establishes that there has been an underpay- 
ment by any manufacturer and/or jobber under the provisions of 
this Article, such manufacturer and/or jobber shall be liable for 
such underpayment. The contractor must file his claim within 
three weeks of the date following the customary accounting settle- 
ment period. Failure of the contractor to file the claim as aforesaid 
shall deprive the contractor of any right to make claim for underpay- 
ment subsequent to the said period of three weeks. When any such 
claim for underpayment has been made by any contractor, such 
contractor shall open for inspection his books of account bearing on 
such claim. 

This section shall not be construed as diminishing or limiting the 
rights of any employee to any claim for underpayment against the 
party or parties who caused such underpayment to the extent of 
their underpayment. 

Approved Code No. 194 — Amendment No. 2. 
Registry No. 210-01. 



Approved Code No. 146 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EXCELSIOR AND EXCELSIOR PRODUCTS 
INDUSTRY 

As Approved on April 3, 1935 



ORDEK 



Approving Amendment <;r Code or Fair Competition for the 
Excelsior and Excelsior Products Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an Amend- 
ment to the Code of Fair Competition for the Excelsior and Excel- 
sior Products Industry, and hearings having been duly held thereon 
and due consideration having been given with respect thereto, and 
the annexed report of the Assistant Deputy Administrator on said 
Amendment, containing findings and recommendation with respect 
thereto, having been made and directed to the National Industrial 
Recoverv Board : 

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. 6359, dated September 27, 1934, and otherwise, 
does hereby approve and adopt said report, recommendation and 
findings and does further 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 
annexed hereto 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 : 
W. P. Ellis, 

Division Administrator. 

Washington, D. C, 

April 3, 1935. 

(3S9) 



I 



REPORT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

National Industrial Recovery Board, 

National Recovery Adinimst ration. Washington. D. C. 
Gentlemen : I transmit herewith a proposed Amendment to Arti- 
cle VII of the Code of Fair Competition for the Excelsior and Ex- 
celsior Products Industry. This Amendment is partially described 
as follows : 

description or amendment 

This Amendment will delete Article VII, Rule 11. However, the 
provisions of the deleted rule are included in the new Rule 11 which 
it is proposed to substitute. 

The Amendment will require that any manufacturer of Industry 
products shall mark any such product, prior to sellin<j: it or offering 
it for sale, with his name and address or symbol and sj^nbol num- 
ber; such symbol first having been registered with the Code Authori- 
ty, and a symbol number having been assigned the manufacturer by 
the Code Authority. The Amendment also provides that the manu- 
facturer shall not substitute the name and address or trade mark of 
a distributor or jobber or any other party for his name and address 
or symbol and symbol number. This, however, does not prohibit the 
use of the distributor's name or trademark in addition to the name 
and address or symbol and symbol number of the manufacturer. 

application, representation and consent 

The Code Authority in a letter from the Executive Officer, dated 
November 24, 1934, submitted this proposed Amendment. A Public 
Hearing on this and other Amendments was held on January 10, 
1935, in the Carlton Hotel, Washington, D. C. Pursuant to points 
discussed at the Public Hearing the wording of the Amendment 
was revised for the purposes of clarification and consistency. In 
this revised form the amendment was submitted to each member of 
the Industry and the result of the ballot taken shows a majority 
of the Industry in favor of the Amendment. Of the fifty mem- 
bers of the Industiy who replied to the ballot, thirty-four were in 
favor of the Amendment, fifteen were opposed and one member stated 
he was not entitled to vote by reason of not having paid Code fees. 
On the basis of volume of sales for 1934, 72% of the Industry voted 
in favor of the Amendment, 10% were opposed to the Amendment 
and 18% did not vote. Some slight additions subsequently sug- 
gested by the Advisory Boards have been included in the Amend- 
ment as now submitted but these have in no way affected the mean- 
ing of the text. 

(340) 



341 

OPPORTUNITY TO BE HEARD ACCORDED TO PERSONS ENGAGED IN OTHER 
t^TEPS OF THE ECONOMIC PROCESS 

Notice of Hearing No. ITl-A was published on December 21, 1934, 
and afforded an oi)portiiinty to persons or groups who could show 
a substantial interest in the effect of the provisions of this Amend- 
ment to be heard either in person or by duly appointed representa- 
tive either by appearance or by sending a written or telegraphic 
statement, in full accordance with Executive Order No. 6527, dated 
December 21. 1933. This Amendment was issued with Notice of 
Hearing No. 171-A and subsequent revisions have not changed the 
effect of the provisions in any respect. Pursuant to the Notice of 
Hearing No. 171-A two protests were received from distributors. 
These protests indicated the protestants believed the Amendment 
under consideration would prevent the marking on Industry prod- 
ucts of the name and address or trade mark of distributors, jobbers 
or dealers. Explanation was made to the protestants that this 
Amendment would onl}^ require the manufacturer to mark his prod- 
uct with his name and address or symbol and symbol number and 
would not prevent additionally marking the product with the name 
and address or trade mark of the distributor, jobber or dealer. In 
repl}' to this explanation one of the protestants wrote, in part as 
follows : 

" We see no harm, in fact, we think it is a good idea for every 
manufacturer to have an identifying symbol on the excelsior which 
they manufacture. We see no possible objection to it. We are 
glad to see that your thoughts are the same as ours, namely, that a 
manufacturer's symbol being stamped on the product would not pre- 
clude the use of our trade mark." 

CONSIDERATION BY THE NATIONAL RECOVERY ADMINISTRATION 

This Amendment has been considered by the several Advisory 
Boards and Divisions of the National Recovery Administration in 
the manner and to the extent required under the Office Manual. 

The Amendment is designed to eliminate an unfair competitive 
practice. The Code requires that Industry products must have the 
grade visibly marked thereon by the manufacturer when sold or 
offered for sale and prohibits false grade marking. Grade Standards 
and Classifications of IndustiT products, as provided in the Code, 
have been approved for this Industry. These Grade Standards and 
Classifications of Industry products specify the requirements for the 
various grades of Industry products and, in addition, contain a pro- 
vision requiring sterilization of certain classes of material utilized in 
the manufacture of paper excelsior. This Amendment provides a 
means of identifying the manufacturer of an Industry product 
after such product has left his hands, and thereby provides a means 
of enforcing the Code requirement that Industry products be marked 
with their correct grade as provided in the Grade Standards and 
Classifications of Industry Products and the requirement that cer- 
tain grades of paper shall be sterilized prior to being manufactured 
into paper excelsior, 

135637—35 18 



342 

The Amendment is not designed to promote, and does not effect, 
any monopoly or monopolistic practice, nor does it discriminate 
against small enterprises. This Amendment will promote the organi- 
zation of Industry and will induce united action, thereby removing 
obstruction to, and preventing obstruction to, the free flow of inter- 
state commerce and does also thereby provide for the general wel- 
fare. It applies to, and benefits, all members of the Industry equally. 
The Code as amended complies in all respects with the pertinent 
provisions of Title I of the National Industrial Recovery Act, includ- 
ing without limitation Subsection (a) of Section 3, Subsection (a) 
of Section 7, and Subsection (b) of Section 10 thereof. 

RECOMMENDATION 

On the basis of all the facts stated above and the Administrative 
findings of law and facts made above, I recommend that this Amend- 
ment be approved. 
Respectfully, 

W. Jennings Butts, 
Assistant Deputy Acbninistrator. 

The findings and recommendation made above are concurred in by : 
A. C. Dixon, 

Deputy AdininistratoT. 

W. P. Ellis, 

Division Administrator. 

March 23, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE EXCELSIOR AND EXCELSIOR PRODUCTS IN- 
DUSTRY 

Delete Article VII, Rule 11, and substitute in lieu thereof the 
following : 

Rule 11. Marking or Branding. — (a) No member of the Indus- 
try shall sell or offer to sell any product of this Industry without 
clearly stating in the marking visible thereon or upon the package 
thereof, the grade and the name and address or symbol and symbol 
number of the manufacturer. No member of the Industry shall 
substitute for his or its name and address or s^anbol the name and 
address or trade-mark of any distributor or jobber or any other 
party who is not the actual manufacturer of the product marked. 

(b) Any member of the Industry may use a symbol and symbol 
number in place of his name and address provided that such symbol 
shall first have been registered with the Code Authority. If prior 
to receiving an application from a member of the Industry for the 
registration of such a symbol, the Code Authority has had regis- 
tered with it a symbol of any other member of the Industry which 
is so similar to that of the applicant as to cause applicant's symbol 
to tend to be deceptive or misleading, the Code Authority shall so 
notify the applicant and the applicant shall withdraw or revise his 
or its symbol. Each member of the Industry shall be given a num- 
ber for his symbol and thereafter shall mark his or its products 
of this Industry with both his or its registered symbol and number. 

(c) Any member of the Industry may use a trade-mark as a sym- 
bol provided that such trade-mark has been registered with the 
Code Authority as a symbol in conformity with the foregoing pro- 
visions of this section. 

Approved Code No. 146 — Amendment No. 2. 
Registrj- No. 310-02. 

(343) 



Approved Code No. 474 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

NEEDLEWORK INDUSTRY IN PUERTO RICO 

As Approved on April 3, 1935 



OKDER 



Approving Amendment of Code of Fair Competition for the 
Needed WORK Industry in Puerto Rico 

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 Needlework Industry 
in Puerto Rico, and the Deputy Administrator for Puerto Rico 
having made and submitted to the National Industrial Recovery 
Board his report on said amendment, containing his findings with 
respect thereto, and the annexed report of the National Industrial 
Recovery Board 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, Executive Order No. 6543-A and other- 
wise ; does hereby incorporate by reference said report of the Deputy 
Administrator for Puerto Rico and the annexed report of the Na- 
tional Industrial Recovery Board, and does hereby expressly concur 
in and adopt the findings of fact made therein, and does find that the 
said amendment and the Code as constituted after bein^ amended 
comply in all respects with the pertinent provisions and will promote 
the policy and purposes of Title I of the National Industrial Recov- 
ery Act; and does hereby order that said amendment to the Code 
of Fair Competition for the Needlework Industry in Puerto Rico 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, subject to the following condition : 

(345) 



346 

That this Order and Amendment shall become effective 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 staying or modifying this Order of Approval. 

National Industrial Recoa'ery Board, 
By W. A. Harriman, Administrative Oificer. 

Approval recommended : 

Prentiss L. Coonlet, 

Division Administrator. 

Washington, D. C, 

Apnl 3, 1935. 



REPORT TO THE NATIONAL INDUSTRIAL RECOVERY 

BOARD 

National Industrial Reco\'ery Board, 

National Recovery Adininht ration^ 

WasMngton, D. C. 

Gentlemen: This is a report on the proposed Amendment to 
Article II. Section 1. of the Code of Fair Competition for the Needle- 
work Industry in Puerto Rico, which section defines the Industry em- 
braced by the Code. At the time the Code was originally proposed, 
it was the intention of its proponents that all articles of needlework 
produced or processed in Puerto Rico should be included under the 
Code. The present definition contained in this Section reads as 
follows : 

" The term ' Industry ' as used herein includes the manufacturing 
and/or processing, including sewing, wholly or part, within the Terri- 
tory of Puerto Rico, of articles having drawn work and/or em- 
broidery done upon them by machine and/or by hand, including the 
business of contracting with reference thereto."' 

This definition fails to include needlework done on any articles 
which did not have on them drawn work and/or embroidery. There 
is a considerable quantity of needlework in Puerto Rico consisting of 
the manufacturing and/or processing of hand-made hems on piece 
goods, to convert such articles into handkerchiefs. In order to carry 
out the original desire of the Industry to embrace all needlework pro- 
duced in Puerto Rico in this Code, it is proposed that this Section be 
amended to read as follows: 

"" The term ' Industry ' as used herein includes the manufacturing 
and processing, including sewing, wholly or in part, within tlie Terri- 
tory of Puerto Rico, of articles having drawn work and/or embroidery 
done upon them b}^ machine and/or by hand and/or the manufactur- 
ing and/or processing of hand-made hems on piece goods to convert 
such piece goods into handkerchiefs and/or decorative articles for the 
home, such as (but without limitation) luncheon sets, pillow cases, 
bedspreads, towels, including the business of contracting with refer- 
ence thereto." 

This change in the definition will enable that section of the In- 
dustry which is engaged in manufacturing and/or processina' articles 
that do not have drawn work and/or embroidery thereon to receive 
the benefits already bestowed upon the remainder of the Industry 
as a result of the Code. 

Article VII, Section 8 (f), authorizes the Code Authority to pro- 
pose amendments to the Code. Pursuant to the said Section, the 
Code Authority proposed this Amendment. 

The Code was originally sponsored by the Puerto Rico Needlework 
Association. This association represented in excess of ninety per 
cent, of the volume of the business and of the membership of the 

(347) 



348 

Puerto Rico Needlework Industry. Therefore, I find that it was 
truly representative of said Industry. 

The Bj^-Laws of the Association allowed all members of the 
Industry to join its membership, and I find that it imposed no 
inequitaVjle restriction on membership. 

There are about seven thousand factory workers, and approxi- 
mately seventy thousand home-workers engaged in the Needlework 
Industry in Puerto Rico, a considerable number of whom are not 
included under the present definition of the Industry, but will be 
embraced by the proposed Amendment. The standards of labor in 
this Industry prior to the approval of the Code were very low. 
In the factories the average working week was approximately forty- 
eight hours. The home-workers were engaged in the needlework 
occupation from sixty to seventy liours a week. Article III, Section 
1, prohibits the working of employees in excess of forty hours in any 
one week, or eight hours in any clay, with the exception that em- 
ployees may be permitted to work seventy -two hours overtime in any 
calendar year, provided twice the normal wage rate is paid for such 
overtime. The approval of the Amendment and the Code as amended 
will thus result in a substantial increase in the number of people 
employed in the Industry, and I so find. 

The wages paid in this Industry have always been exceptionally 
low. Prior to the Code, factory machine-workers were paid an 
average of $3.32 per week of forty-eight hours, w^ith many receiving 
even less. Under the Code they receive a minimum of $5.00 for 
a forty hour week. Factory hancl-sewing and hand-embroidery 
workers averaging from $2.00 to $2.10 per week prior to the Code 
now receive a minimum of $3.00 per week under the Code. Before 
the Code was approved three home-workers would work on the same 
product in one home, and the aggregate earnings per week of the 
three would be about $1.00. The piece-rates established under the 
Code by the Piece Rates Commission result in a very marked 
increase to these home-workers. The increase in wages and employees 
resulting from the approval of the Amendment and the Code as 
amended, will effect a considerable addition to the mass purchasing 
power of the Island. When this increase is added to that which will 
be effected by the approval of codes for other industries in the 
Island, there will result a marked increase in the amount of goods 
consumed in Puerto Rico, Avhich goods will be imported principally 
from the mainland; consequently, one of the principal obstructions 
which diminished the amount of commerce between Puerto Rico and 
the mainland and, indirectly, among the various States will be 
removed, and I so find. 

The increase in wages will remove a part of the burden from labor, 
which has been carrying more than its share, but will not add an 
unreasonable expense to the employer "s cost, and I so find. 

Further improvements will be brought about in the standards of 
labor by the Code provision eliminating child labor. This abuse 
was especially prevalent in Puerto Rica, and its elimination will be 
one of the biggest accomplishments of the Code, No person under 
sixteen years of age is allowed to be employed in the Industry under 
the Code. Labor standards are likewise raised by the requirement 
that employers should provide for the safety and health of em- 



349 

ployees, and that standards of safety and health slioiild be submitted 
by the Code Authority. Likewise, the prohibiting of stamping, cut- 
ting, washing, pressing, folding, ribboning, and ticketing in the 
home of employees is another most exemplary improvement in the 
standards of labor. 

The Executive Order approving the Code provides for a Needle- 
work Connnission to study and to make recommendations concern- 
ing the question of competition between the Needlework Industry 
on the mainland and in Puerto Rico. The purpose of the appoint- 
ment of this Connnission was to effect a bettel" mutual understanding 
of their problems between the members of the related mainland 
industries and the Puerto Rico Industry. Likewise, the activities 
of the Code Authorit}' and the cooperative action in the Trade Asso- 
ciation sponsoring the Code tend to promote the organization of 
the Industry for the purpose of cooperative action among trade 
groups, and I so find. 

The provisions of Article IX as to price filing tend to prevent the 
destructive price cutting which formerly existed in the Industry, 
with the resulting inability to pay living wages. These provisions 
contain sufficient safeguards to protect the small employers and 
consumers from improper price fixing, and I so find. 

There are no provisions in the Code which would tend to promote 
monopolies or to eliminate or oppress small enterprises or that dis- 
criminate against them, or that will permit monopolies or monojx)- 
listic practices. 

The increased purchasing power resulting from the approval of 
the Code will create additional demand for goods and commodities 
of all sorts and kinds. In order to meet these demands, the produc- 
tive capacity of industries will be promoted and utilized. This 
increase in production will have the effect of beneficially encourag- 
ing interstate commerce, both in the movement of raw material used 
in the process of production and in the production of finished goods 
and commodities. Thus, the Amendment and the Code as amended 
tend to promote the fullest possible utilization of the present pro- 
ductive capacity of Industry, and I so find. 

There exists at the present time an undue restriction of production 
due to the absence of demand for goods produced, which in turn is 
caused by the depressed purchasing power. The increased pur- 
chasing power effected by the approval. of the Amendment and the 
Code as amended will tend to avoid this undue restriction of produc- 
tion, and I so find. 

In addition to the findings above set forth and for the reasons 
adduced above. I hereby find that : 

(a) The amendment and the Code as amended comph^ in all 
respects with the pertinent provisions of Title I of the Act. includ- 
ing without limitation, Sub-Section (a) of Section 3. Sub-section (a) 
of Section 7, and Sub-Section (b) of Section 10 thereof; 

(b) The Association sponsoring the Code imposed no inequitable 
restriction or admission to membership therein ; 

(c) The group sponsoring the Code was truly representative of 
the Industry; 

(d) The Amendment and the Code as amended are not designed 
to promote monopoly or to eliminate or oppress small enterprises 



350 

and will not operate to discriminate against them and will not 
permit monopolies or monopolistic practices; 

(e) The Amendment and the Code as amended will tend to remove 
obstructions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof ; 

(f) The Amendment and the Code as amended wnll promote the 
organization of Industry for the purpose of cooperative action among 
trade groups; 

(g) The Amendment and the Code as amended will induce and 
maintain united action of labor and management under adequate 
governmental sanctions and supervision ; 

(h) The Amendment and the Code as amended will tend to 
eliminate unfair competitive practices; 

(i) The Amendment and the Code as amended will tend to pro- 
mote the fullest possible utilization of the present productive capacity 
of Industries ; 

(j) The Amendment and the Code as amended will tend to avoid 
undue restriction of production ; 

(k) The Amendment and the Code as amended will tend to in- 
crease the consumption of industrial and agricultural products by 
increasing purchasing power; 

(1) The Amendment and the Code as amended will tend to reduce 
and relieve unemployment; 

(m) The Amendment and the Code as amended will tend to im- 
prove the standards of labor; 

(n) The Amendment and the Code as amended will tend otherwise 
to rehabilitate Industry; 

(e) Those engaged in other steps of the economic process were 
not denied the right to be heard prior to the approval of this 
Amendment and Code as amended. 

It is recommended, therefore, that this Amendment and Code as 
Amended be approved as submitted. 
Respectfully, 

BoAz Long, 
Deputy Administrator. 

March 30, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE NEEDLEWORK INDUSTRY IN PUERTO RICO 

Amend Article II, Section 1 to read as follows : 

1. The term " Industry " as used herein includes the manufactur- 
ing and processing, including sewing, wholly or in part, within the 
Territory of Puerto Rico, of articles having drawn work and/or 
embroidery done upon them by machine and/or by hand and/or the 
manufacturing and/or processing of hand-made hems on piece goods 
to convert such piece goods into handkerchiefs and/or decoratiA-e 
articles for the home, such as (but without limitation) luncheon 
sets, pillow cases, bedspreads, towels, including the business of con- 
tracting with reference thereto. 

Approved Code No. 474 — Amendment No. 2. 
Registry No. 231-16. 

(351) 



Approved Code No. 334 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

As Approved on April 6, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Be\"erage Dispensing Equipment Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Beverage Dispensing 
Equipment Industry, and an opportunity to be heard having been 
duly afforded to all interested parties and the annexed report on 
said amendment containing finclings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order 6859 and otherwise, 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 
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 fifteen (15) days from the date hereof, unless 
good cause to the contrary is shown to the National Industrial Re- 
covery Board before that time and the National Industrial Recovery 
Board issues a subsequent order to that effect. 

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

Approval recommended : 
John W. Upp, 

Acting Division Administrator. 

Washington. D. C, 

April 6, 1935. 

(353) 



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 Beverage Dispensing Equipment Industry designed 
to improve the definition of the Industry. This amendment was pro- 
posed in accordance with Article IX of the Code as approved on 
March 16, 1934. Notice of Opportunity to be Heard was given from 
November 23, 1934 to December 4, 1934 during which time no objec- 
tion was filed against this amendment. 

FINDINGS 

The Acting 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 
these proceedings in this matter: 

The Amendment of Article II, Section 1 will change and amplify 
the definition of the term " Beverage Dispensing Equipment Indus- 

Findings : The definition of the term " Beverage Dispensing 
Equipment Industry " as set forth in the Code as approved, has not 
been satisfactory to the Industr}^ as a whole. This amendment will 
provide a more inclusive and accurate definition of the Industry by 
broadening the definition to include those engaged in manufacturing 
and/or installing operations, and will make it impossible for any 
member of tlie Industry to ignore his rightful obligations. Adequate 
representation has been afforded those firms in the Industry which 
will be affected by this amendment. 

GENERAL FINDINGS 

On the basis of all the evidence in this matter and the studies-, 
and findings of the Advisory Boards, I find that this amendment 
and the Code as constituted after being amended will comply with 
the provisions of the Act : 

(a) The amendmenr 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 b}' 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 

(354) 



355 

present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects wath the perti- 
nent 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 amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

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

W. A. Harriman, 

Administrative Officer. 
April 6, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY 

Amend Article II, Section 1 to read as follows : 
Section 1. The term " Beverage Dispensing Equipment Industry " 
or " Industry " as used herein is defined to mean and include : 

(a) The manufacture (fabrication and/or assembly) for sale by 
the manufacturer (fabricator or assembler) of all dispensing equip- 
ment for beverages as herein defined, including front counters and 
back bars, drain boards, soda fountains, and carbonators which are 
a part of beverage dispensing equipment and sold in connection with 
or for use therewith, but not including barrels, kegs and other con- 
tainers in which beverages are packaged for delivery to the dispenser. 

(b) The manufacture (fabrication and/or assembly) for sale by 
the manufacturer (fabricator or assembler) of such component parts 
and fittings of beverage dispensing equipment as are used exclusively 
in the manufacture or assembly of beverage dispensing equipment 
or in the dispensing of such beverages as are defined in the code. 

(c) The installing of such equipment and/or parts thereof as are 
heretofore mentioned when i^erformed by the manufacturer (fabri- 
cator or assembler) is likewise defined within the scope of this 
definition. 

The term " products of this industry ■' as used herein is defined to 
mean and include beverage dispensing equipment and/or those com- 
ponent parts thereof as are included within the scope of the defini- 
tion of the industry or any one of them. 

Approved Code No. 334 — Amendment No. 3. 
Registry No. 1331-02. 

(356) 



Approved Code No. 16 — Amendment No. 6 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HOSIERY INDUSTRY 

As Approved on April 6, 1935 



ORDER 



AppRO^■IXG Amendment of Code of Fair Competition for the 
Hosiery Industry 

An application liaA'ing been (July made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Hecoverv Act, approved June 16, 1933, for approval of an amend- 
ment to the Code of Fair Competition for the Hosiery 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: 

XOW. 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 incorjDorate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in ail 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 Oificer. 
Approval recommended : 
M, D. Vincent, 

Acting Division Administrator. 
Washington. D. C. 

April Cu 1935. 

(357) 



135637—35- 



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 certain amendment to the Code of Fair Competi- 
tion for the Hosiery Industry, and Hearings have been duly con- 
ducted thereon. 

Article 8, Section 1 of the amendment prescribes uniform condi- 
tions of sale; Section 2 prohibits price guarantees; Section 3 pro- 
hibits bonuses, rebates, honor, and credits, etc. This Section also 
deals in customers' subsidies, return of merchandise, special services, 
cooperative advertising, etc. Section 4 prohibits the sale of mer- 
chandise below the low cost and deals also in the billing of sam- 
ples, the marking of close-outs, and with cost finding; Section 5 pro- 
hibits shipments on consignment; Section 6 prohibits commercial 
bribery; Section 7 prohibits the return of merchandise for refinish- 
ing unless the Manufacturer is compensated for the actual cost 
therefor; Section 8 deals with the classification of hosiery; Section 
9 prohibits substitutions without the knowledge or consent of the 
purchaser; Section 10 prohibits the misbranding and misrepresenta- 
tion of materials; Section 11 prohibits the imitation of competitors' 
marks ; Section 12 deals with the observance of the Code ; Section 13 
deals with arbitration. 

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

The National Industrial Recovery Board finds that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of 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 industrj^ for the 
purpose of cooperative action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating un- 
fair competitive practices, by promoting the fullest possible utiliza- 
tion of the present productive capacity of industry, 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 unemplojnnent, 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 Avithout limitation 
subsection (a) of section 3, subsection (a) of section 7, and sub- 
section (b) of section 10 thereof. 

(358) 



359 

(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 nut 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. 
April 6. 1935. 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE HOSIERY INDUSTRY 

Amend Article VIII by deleting Sections 1, 2, 3, 5, 6, T, 8, 9, 10, 
11, 12, 13, 14, 15 and 16 and Section 4 (b), (c) and (d) of the present 
Article, and substituting therefor the following : 

1. TJnifovDi Conditions of Sale. — The following conditions of sale 
shall be binding on all members of the Hosiery Industry : 

(a) All orders are subject to acceptance by the mill. 

(b) All orders are accepted subject to delays, partial delivery 
and non-delivery caused by labor difficulties, or conditions beyond 
control of the seller. In such cases, the seller shall promptly notify 
the bm'er, and the buyer shall have the right to cancel am^ unde- 
livered or unfinished portion of the order. Failure of the buyer 
to either cancel or confirm within ten (10) days after receipt of notice 
shall be construed as cancellation. 

(c) (1) Anticipation of payment, if allowed, shall not be at a 
rate in excess of six per cent (6%) per annum. 

(2) Any invoices not paid on due date shall be subject to interest 
at the rate of six per cent (6%) per annum, 

(3) Dating in excess of seller's established terms shall be subject 
to interest at the rate of six per cent (6%) per annum. 

(4) A discount becomes " unearned discount " and is forfeited 
upon failure of payment of invoices on the due date, according to 
terms. 

(d) Cancellation may be effected only: 

(1) By the buyer, because of failure of the seller to make deliver- 
ies on the specified delivery dates, provided the buyer has furnished 
details in keeping with contract commitments, and provided the 
buyer has given the seller at least ten (10) days written notice, 
(either before or after due date) of his intention to cancel past due 
deliveries. Until or unless a past due delivery is cancelkd in the 
manner provided herein, the commitment of the buyer therefor re- 
mains in force. 

(2) By the seller, because of impairment of customer's credit. 

(3) In accordance with sub-section (b) of this section. 

(e) Any controversy or claim arising out of or relating to this 
contract or the breach thereof, shall be settled by arbitration, in 
accordance with the rules, then obtaining, of the American Arbitra- 
tion Association, and judgment upon the award rendered may be 
entered in the highest court of the forum, state or federal, having 
jurisdiction; provided this provision for arbitration shall not have 
been deleted by the purchaser upon, or prior to, the execution of 
this contract. 

2. Price Guarantees. — To guarantee prices against decline, whether 
by lowering the price of an existing contract, cancellation of an 
existing order and the substitution therefor of a new order at lower 
prices, or by any other means, is an unfair trade practice. 

(360) 



361 

3. Bonuses, Rebates^ Di,scounfs, Etc. — (a) It is an unfair trade 
practice to allow a customer commissions, bonuses, rebates, refurfds, 
unearned credits and unearned discounts, 

(b) It is an unfair trade practice to allow a customer subsidies 
of any kind, whether in the form of money, merchandise, payment 
of any part of the wages of a customer's employees, or advertising, 
or premiums, or otherwise, that are not specifically permitted in other 
paragraphs of this Section. 

(c) All sales of merchandise shall be final and no member of the 
Industr}^ shall accept the return of any merchandise except for mill 
imperfections or for failure to make legal delivery of the goods in 
accordance with the terms of the order. 

(cl) It is an unfair trade practice to extend to a customer special 
services which are not extended to all customers under like terms and 
conditions. This provision is not intended to conflict with the provi- 
sions of subsection " e " of this section, nor with any specific pro- 
hibitions in this Code. 

(e) Hosier}' manufacturers selling merchandise having their own 
brands, may enter into agreement for cooperative advertising of 
such brands upon the following conditions : 

(1) Agreements for cooperative advertising shall be separate from 
agreements of sale of merchandise, and shall define the amount to 
be contributed by the manufacturer, which shall not exceed fifty 
per cent (oO%) of the amount actually spent. The nature and 
amount of advertising and the period to be covered shall be specifi- 
cally set forth in the agreement. Cooperative advertising agree- 
ments shall be restricted to newpaper or radio advertising and 
printed matter, and the name of the manufacturer or of his brand 
must appear along with the name of the customer. 

Xo cooperative advertising agreement shall be used as a rebate, 
refund, or merchandise allowance, but shall be for advei-tising 
only. The manufacturer shall pay his share of such advertising 
onh* upon receipt of proper evidence of the amount actually so 
spent, and his share shall in no case exceed fifty per cent (50%) 
of the total expended. 

(2) Full records of all cooperative advertising agreements shall 
be kept by hosiery manufacturers, so as to permit auditing at any 
time of such expenditures and their use. Accurate reports, based 
on such records, shall be furnished when required by the Code 
Authority. 

(3) The above restrictions on cooperative advertising are not 
meant to exclude the furnishing of display materials, signs, or 
cards, etc., of branded lines, provided the customer is in no way 
compensated or subsidized thereby. 

(f ) Hosiery manufacturers selling merchandise bearing their own 
brands may offer on such branded hosiery exchange merchandise 
services, provided such services are part of their regular and estab- 
lished merchandising methods and are available to all of their 
customers. 

(g) Returns made under "exchange merchandise services" men- 
tioned in subsection (f) shall not be credited to customer's account 
until effect by an additional order for immediate delivery for mer- 
chandise of at least an equal value. The per dozen value of the 



362 

returned goods, as well as the replacement order, shall be at the 
prJce prevailing the day the replacement order is invoiced. 

4. Selling Belcir Cost, etc. — (b) The billing of customer's sample 
requirements at less than regular stock prices is an unfair trade 
practice. 

(c) (1) All closeouts of discontinued styles, and/or broken assort- 
ments, if sold below cost, shall be visibly marked on each hose with 
jan indelible transfer reading: 

DISCONTINUED 
or DISCONTINUED PATTERN 
or DISCONTINUED STYLE 
or DISCONTINUED FIRST QUALITY 
Such transfers shall be in full face type letters of not less than 
%" in height, except for infants' hose, where smaller size type must 
;be used. These transfers must be ordered through the Hosiery 
Code Authority. 

(2) If any hosiery cannot be marked with transfers or in other 
indelible manner, it shall be marked in such manner as the Hosiery 
Code Authority shall prescribe after consultation with the Advisory 
Committee of the branch of the Industry affected. 

(d) Each manufacturer shall determine costs in accordance with 
the principles of Cost Accounting adopted by the Code Authority 
and approved by the National Industrial Recovery Board, 

5. Shi'pments on G onsignmient . — To ship hosiery on consignment, 
on memorandum, or any basis other than outright sale, is an unfair 
trade practice. 

6. C OTnmercial Bribery. — No member of the Industry shall give, 
permit to be given, or offer to give anything of value for the pur- 
pose of influencing or rewarding the action of any employee, agent, 
or representative of another in relation to the business of the em- 
ployer of such employee, the principal of such agent or the repre- 
sented party, without the knowledge of such employer, principal or 
party. This provision shall not be construed to prohibit free and 
general distribution of articles commonly used for advertising ex- 
cept so far as such articles are actually used for commercial bribery 
as hereinabove defined. 

7. Return of Merchandise for Refinishing. — To repair, re-condition, 
refinish, or re-dye merchandise belonging to a customer without 
i-harging actual cost therefor, is an unfair trade practice. 

8. Classiiication of Hosiery. — (a) Hosiery shall be classified as 
follows: 

(1) Firsts: There shall be onl}' one classification of firsts for any 
given style. 

(2) Other than firsts (Imperfects) : Under this heading there 
may be the following sub-classifications only: 

Irregulars 
Seconds 
Thirds 
A mill choosing not to have four classifications may eliminate 
classifications of either " Irregulars " or " Seconds." 

(b) The sale of a lot of hosiery, containing more than one of the 
above given classifications, as " Mill Runs ", is an unfair trade 
practice. 



363 

(c) All hosiery which is not first quality shall he stamped or 
transferred either " Irregulars ", " Seconds ", or " Thirds " on the 
toe, sole, or outside the Avelt of each hose according to classification. 

All such marking must be visible and indelible, in full face type 
letters of not less than 3%" in height, except that in the case of 
infants' hose the letters may be Vs" i'l height. 

(d) The end label of all boxes, containing goods other than first 
quality, shall be marked in accordance with the stamping of the 
goods therein, in full face type letters of not less than " in height. 

9. SuhHltution. — To ship or deliver hosiery which does not con- 
form in quality and value to the samples submitted or representa- 
tions made prior to securing the order, without the knowledge or 
consent of the purchaser to such substitution, is an unfair trade 
practice. 

10. Mishrandlng ayid Misrepresentation of Materials. — (a) To sell 
hosiery marked, or branded, falsely with the effect of misleading, or 
deceiving, purchasers, or buyers, with respect to price, quantity, 
quality, gauge, grade, substance or value of the merchandise, is an 
unfair trade practice. 

(b) If any definite section or sections of the hose be made of a 
material entirely different from that of the bulk or body of the 
stocking, when such material gives the appearance of silk, the hose 
must be stamped with the names of both materials. 

(c) No material content shall be stamped on an}- hose unless it 
represents at least 5 percent (5%) of the hose by weight. When 
two or more contents exist, if any content is stamped on the hose 
all contents constituting five percent (5%) or more of the weight 
of the hose shall be stamped and in the order of the major content. 
In hosiery having an all-silk, or all-rayon, or a mixture of rayon 
and silk body or boot, with cotton top and/or cotton toe, heel, sole 
and highsplicing, the " weight " referred to in this paragraph shall 
exclude the weights of the cotton. portions mentioned. Such hosiery 
may be marked respectively " silk ", " rayon " or " rayon and silk " 
without reference to the cotton content. 

(d) If hosiery is marked with any material content in terms of 
percentage, the percentage of each material content must be shown. 

11. Imitation of Competitor s 3Iarks. — The imitation of trade 
marks, trade names, slogans or other marks of indentification of 
competitors, having the tendency to mislead or deceive any buyer 
is an unfair trade practice. 

12. Ohservance of Code. — The failure to observe any rule in this 
Article of the Code, even if it does not contain the words " unfair 
trade practice ", is a violation of the Code. 

Approved Code No. 16 — Amendment No. 6. 
Registry No. 241-02. 



Approved Code No. 394 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

LIGHTNING ROD MANUFACTURING INDUSTRY 

As Approved on April 6, 1935 

ORDER 

Approving Amexdmext of Code of Fair Competition for the 
LiGHTXix^G Rod Maxufacturixg 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 Lightning Rod Manu- 
facturing Industry, and an Opportunity to be Heard having been 
duly afforded all interested parties and the annexed report on said 
amendment containing findings with respect thereto, having been 
made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board pursuant to author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive Order No. 6859, dated September 27, 1934, and otherwise, doe? 
hereby incorporate by reference, said annexed report and does find 
that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and will 
promote the policy and purposes of said Title of said Act and does 
hereby order that said amendment be and it is hereby approved, and 
that the previous approval of said Code is hereby modified to in- 
clude an approval of said Code in its entirety as amended, such ap- 
proval and such amendment to take effect twenty (20) clays from 
the date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board before that time and the Na- 
tional Industrial Recovery Board issues a subsequent order to that 
effect. 

Natioxal Industrial Recovery Board, 
• By W. A. Harrimax, Administrative Officer. 

Approval recommended : 
John W. Upp, 

Acting Division Admiiiistraior. 

Washington, D. C. 

April 6, 1935. 

(365) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: An application has been duly made pursuant to and in full 
compliance with provisions of the National Industrial Recovery 
Act for an xVmendment to the Code of Fair Competition for the 
Lightning Rod Manufacturing Industry, submitted by the Code 
Authority for the said Industry. 

The existing provision of Article VI, Section 4, of the Code for 
said Industrv is entirely inadequate in view of Executive Order No. 
6678, dated April 14, 1934. and Administrative Order X-36, dated 
May 26. 1934, and it is therefore evident that the proposed Amend- 
ment to Article YI, new Section 9 of said Code, the provisions of 
which are in accordance with the text of the above mentioned Orders, 
will enable the Industry to secure the desired result. 

nXDIXGS 

The Acting Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said Amendment to said Code, 
having found as herein set forth and on the basis of all proceedings 
in this matter. 

It has been 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 
purposes 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 Industry, and by avoiding un- 
due restriction of products (except as may be temporarily required) 
b}' increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor and by otherwise 
rehabilitating Industry. 

(b) The Code as amended complies in all respects with the per- 
tinent provisions of said Title of said Act, including, without limi- 
tation, Subsection (a) of Section 3. Subsection (a) of Section 7 and 
Subsection (b) of Section 10 thereof. 

(c) The amendment, and the Code as amended, are not designed 
to and Avill 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. 

(366) 



367 

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

For these reasons, therefore, the Board has approved this Amend- 
ment. 

For the National Industrial Kecovery Board : 

W. A. Harriman, 
Achriinisfratlve Officer, 
April 6, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE LIGHTNING ROD MANUFACTURING INDUSTRY 

In fourth line, Article VI, Section 4, insert period after the 
word " membership " and delete remainder of Section so that Sec- 
tion 4 will then read as follows : 

"Any member of the industry is and shall be eligible for member- 
ship in the trade association of the Lightning Rod Manufacturing 
Industry, and there shall be no inequitable restrictions on admission 
to such membership." 

Delete Section 7 (f) of Article VI in its entirety and in place of 
these deletions incorporate a new Section 9 of Article VI as follows : 

Section 9 — 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 from which 
the funds necessary to support such budget shall be contributed by 
members of the Industry : 

(c) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine 
and obtain equitable contributions as above set forth by all members 
of the Industry, and to that end, if necessary, to institute legal pro- 
ceedings therefore 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 complyng with the 
Code and contributing to the expenses of its administration as here- 
inabove provided, (unless duly excepted from making such contri- 
butions), shall be entitled to participate in the selection of members 
of the Code Authority or to receive the benefits of any of its volun- 
tary activities or to make use of any emblem or insignia of the Na- 
tional Recovery Administration. 

(e) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount con- 
tained in the approved budget, except upon approval of the National 
Industrial Recovery Board; and no subsequent budget shall contain 
any deficiency item for expenditures in excess of prior budget esti- 
mates except those which the National Industrial Recovery Board 
shall have so approved. 

Aproved Code No. 394 — Amendment No. 1. 
Registry No. 1308-1-01. 

(368) 



Approved Code No. 154 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

METAL TANK INDUSTRY 

As Approved on April 6, 1935 



ORDER 



Approvixg Amendment of Code of Fair Competition for the 
Metal Tank Industry 

An application having been duly made pursuant to and in 
full compliance with the provisions of Title I of the National 
Industrial Recovery Act, approved June 16, 1933, for approval of 
an amendment to a Code of Fair Competition for the Metal Tank 
Industry, and a Notice of Opportunity to be Heard having been 
duly given thereon and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOAV, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934. and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, 
and does hereby order that said amendment be and it is hereby 
approved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended, such approval and such amendment to take effect twenty 
days from the date hereof, unless good cause to the contrary is 
shown to the National Industrial Recovery Board before that time 
and the National Industrial Recovery Board issues a subsequent 
order to that effect. 

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

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

A-pril 6, 1935. 

(369) 



KEPORT TO THE PRESIDENT 

The President, 

The ^yh^te House. 

Sir: This is a report on an amendment to the Code of Fair Com- 
petition for the Metal Tank Industry. 

This amendment is designed to exclude from the products covered 
by the definition of " Industry " and set forth in Schedule A, Class 
2 of the Code, hot water storage tanks and hydro-pneumatic tanks of 
one hundred twenty (120) gallon capacity and over which are made 
from non-ferrous materials. An opportunity to be heard has been 
afforded to all interested parties, 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 
J^ational Industrial Recovery Board on said amendment to said Code 
having found as herein set forth and on the basis of all proceedings 
in this matter : 

It is found that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including tlie removal of obstruc- 
tions to the free How of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving 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 sub-section (a) of Section 3, sub-section (a) of Section 7, and 
Bub-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 approval of said 
amendment. 

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

W, A. Harrimax, 
Adm inistrativc Officer. 
April G. 1935. 

(370) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE METAL TANK INDUSTRY 

Schedule A — Class 2 

Amend to read as follows : 

Class 2. — Hot Water Storage Tanks and Hydro-Pneumatic Tanks, 
120 gallons and over, except such tanks in this Class which are made 
from non-ferrous materials. 

Approved Code No. 154— Ameiulment No. 2. 
Registry No. 1136-01. 

(371) 



Approved Code No. 396 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MILK FILTERING MATERIALS AND THE DAIRY 
PRODUCTS COTTON WRAPPINGS INDUSTRY 

As Approved on April 6, 1935 



ORDER 



Approvixg Amexdmext of Code or Fair Competition for the Milk 
Filtering Materials and the Dairy Products Cotton Wrappings 
Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Milk Filtering Materials 
and the Dairy Products Cotton Wrappings 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: 

XOW. 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 G859, dated September 27, 1934, and otherwise, does 
hereby incorporate, by reference, said annexed report and does find 
that said amendment and the Code as constituted after being 
amended 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 Reco\'ery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 
M. D. Vincent, 

Acting Division Administrator. 

Washington. D. C, 

April 6, 1935. 

135637—35 20 (373) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on the Hearing on the Amendment to the 
Code of Fair Competition for the Milk Filtering Materials and the 
Dairy Products Cotton Wrappings Industry, held in Room 2062 of 
the Department of Commerce Building, on January 7, 1935. The 
Amendment which is attached was presented 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 Amendment is submitted for approval : 

Article VIII of the Code as now written relating to price filing 
has been replaced by " open price filing ", *' costs and price cutting ", 
and " emergency provision '', as set forth in Office Manual, Part II, 
Section 3031.15211 to .152222, inclusive, and adding thereto the 

Provisions for classifications of customers as set forth in Office 
lemorandum 267, dated July 20, 1934. 

FINDINGS 

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

The National Industrial Recovery Board finds that: 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of 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. 

(374) 



375 

(c) The Code empowers the Code Authority to present the 
aforesaid Amendment on behalf or the Indiistr}' 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 in 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 Xational Industrial Recovery Board : 

W. A. Harriman, 
Administrative O fleer, 

April 6. 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MILK FILTERING MATERIALS AND THE DAIRY 
PRODUCTS COTTON WRAPPINGS INDUSTRY 

Article VIII is to be amended to read as follows : 
1. (a) Each member of the industry shall file with a confidential 
and disinterested agent of the code authority or, if none, then with 
such an agent designated by the National Industrial Recovery Board, 
identified lists of all of his prices, discounts, rebates, allowances, and 
all other terms or conditions of sale, hereinafter in this article re- 
ferred to as '"■ price terms ", which lists shall completely and accu- 
rately conform to and represent the individual pricing practices of 
said member. Such lists shall contain the price terms for all such 
standard products of the industry as are sold or offered for sale by 
said member and for such non-standard jjroducts of said member as 
shall be designated by the Code Authority. Said price terms shall 
in the first instance be filed within 30 days after the date of approval 
of this provision. Price terms and revised price terms shall become 
effective immediately upon receipt thereof by said agent. Imme- 
diately 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 elfective 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 
bv the Code Authority in the preparation and distribution thereof 
and be available for inspection by any of their customers at the office 
of such agent. Said lists or revisions or any part thereof shall not 
be made available to any person until released to all members of the 
industry and their customers, as aforesaid; provided, that prices 
filed in the first instance shall not be released until the expiration 
of the aforesaid 30 day period after the approval of this Code. The 
Code Authority shall maintain a permanent file of all price terms 
filed as herein provided, and shall not destroy any part of such 
records except upon written consent of the National Industrial 
Recovery Board. Upon request the Code Authority 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 industry has filed any revision, 
such member shall not file a higher price within forty-eight (48) 
hours. 

(c) No member of the industry shall sell or offer to sell any 
product, services of the industry, ^for which price terms have been 
filed pursuant to the provisions of this article, except in accordance 
with such price terms. 

(d) No member of the industry shall enter into any agreement, 
understanding, combination or conspiracy to fix or maintain price 

(376) 



377 

terms, nor cause or attempt to cause any member of the industry 
to ciianuc his price terms by the use of intimidation, coercion, or 
any othei- inthience inconsistent with the maintenance of the free 
antl o])en market which it is the pur])()se of this Article to create. 

2. Tlie standards of fair competition for the industry with refer- 
ence to pricinjf i)ractices are dechired to be as follows: 

(a) Wilfully destructive price cutting is an unfair method of 
competition and is forbidden. Any member of the industry or 
of any other industry or the customers of either may at any time 
complain to the Code Authority that any filed price constitutes 
unfair competition as destructive price cutting, imperiling small 
enterprise or tending toward monopoly or the impairment of code 
wages and working conditions. The Code Authority shall within 
5 days afford an opportunity to the member filing the price to 
answer such complaint and shall within 14 days make a ruling or 
adjustment thereon. If such ruling is not conx-urred in by eithei 
party to the complaint, all oarers shall be referred to the Research 
and Planning Division of X. R. A. which shall render a report and 
recommendation thereon to the National Industrial Recovery Board. 

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

(c) When an emergency exists as to any given product, sale lielow 
the stated minimum price of such product, in violation of Section 3 
hereof, is forbidden. 

3. (a) If the National Industrial Recovery Board, after investi- 
gation shall at any time find both (1) that an emergency has 
arisen within the industry adversely affecting small enterprises or 
Avages or labor conditions, or tending toward monopoly or other acute 
conditions which tend to defeat the pur])oses of the Act; and (2) 
that the determination of the stated minimum price for a specified 
l)roduct within the industry for a limited })er-od is necessary to 
mitigate the conditions constituting such emergency and to effectuate 
the ]nirposes of the Act, the Code Authority may cause an impartial 
agency to investigate costs and to recommend to the National Indus- 
trial Recovery Board a determination of the stated minimum price 
of the product affected by the emergency and thereupon the Na- 
tional Industrial Recovery Board may proceed to determine such 
stated minimum price. 

(b) When the National Industrial Recovery Board shall have 
determined such stated minimum price for a specified product for 
a stated period, which price shall be reasonably calculated to mitigate 
the conditions of such emergency and to effectuate the puriDoses 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. 

4. (a) The Code Authority shall cause to be formtilated and keep 
current a classification of all types of customers of the industry. 



378 

Such classification shall be subject to the disapproval of the Na- 
tional Industrial Recovery Board and shall contain: (A) A complete 
list of all of the classes of customers of the industry, including a 
class to cover every known type of customer, 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, 
(b) After submission to the National Industrial Recovery Board, 
if there is no disapproval or request for suspension of action Avithin 
twenty (20) days, full information concerning the classification shall 
be made available to all members of the industry. No one shall by 
intimidation, coercion, or other undue influence cause or attempt 
to cause the inclusion of any customer in or the exclusion of any 
customer from any class of customers, or the exclusion of any class 
of customers from the classification, or the use of uniform or stipu- 
lated prices, discount, or differentials and each member of the in- 
dustry may at all times classify his own customers in accordance 
with his own judgment. 

Approved Code No. 396 — Amendment No. 2. 
Registry No. 223-02. 



Approved Code No. 84N — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

NON-FERROUS HOT WATER TANK 
MANUFACTURING INDUSTRY 

As Approved on April 6, 1935 



OEDER 



Approaing Amendment of Supplementary Code of Fair Competi- 
tion FOR the Non-Ferrous Hot Water Tank Manufacturing 
Industry 

a division of the fabricated metal products manufacturing and 
metal finishing and metal coating industry 

An application having been duly made piusuant to and in full 
compliance Avith the provisions of Title I of the National Industrial 
Recovery Act. approved June 16, 1933. for approval of an amendment 
to a Supplementary Code of Fair Comjietition for the Non-Ferrous 
Hot Water Tank Manufacturing Industry, and opportunity to be 
heard having been noticed to all interested persons, and the annexed 
report on said amendment, containing findings with respect thereto, 
having been made and directed to the President : 

NOAV, 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 Supplementary Code as constituted after 
being amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Supplementary Code is hereby 
amended to include an approval of said Supplementary Code in its 
entirety as amended, such approval and such amendment to take 
effect twenty days from the date hereof. 

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

Approval recommended : 
Barton W. Murray, 

Division Administrator. 

Washington, D. C, 

April 6, 1935. 

(379) 



EEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a report on an amendnxMit to the Supplementary 
Code of Fair Competition for the Non-Ferrous Hot Water Tank 
Manufacturing Industry, a division of the Fabricated Metal Prod- 
ucts Manufacturing and Metal Finishing and Metal Coating 
Industry. 

This amendment is designed to remove from the definition of 
" Industry " in Article II of the Supplementary Code the restric- 
tions in regard to working pressure of over fifty (50) pounds per 
square inch and sizes not exceeding one hundred nineteen (119) 
gallons capacity. The purpose of this amendment is to properly in- 
clude within the definition of the Non-Ferrous Hot Water Tank 
SupjDlementary Code all non-ferrous hot water tanks, regardless of 
size. An opportunity to be heard has been afforded all interested 
parties. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 
National Industrial Recovery Board on said amendment to said 
Supplementary Code having found as herein set forth and on the 
basis of all the proceedings in this matter: 

It is found that : 

(a) The amendment to said Supplementary Code and the Supple- 
mentary Code as amended are well designed to promote the policies 
and purjDoses of Title I of the National Industrial Recovery Act 
including the removal of obstructions to the free flow of interstate 
and foreign commerce Avhich tend to diminish the amount thereof, 
and will provide for the general welfare by promoting the organiza- 
tion of industry for the purpose of cooperative action of labor and 
management under adequate governmental sanction and supervision, 
by eliminating unfair competitive practices, by promoting the fullest 
possible utilization of the present productive capacity of industries, 
by avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial and 
agricultural products through increasing purchasing power, by 
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 i)rovisions of said Title of said Act, including 
without limitation sub-section (a) of Section 3, sub-section (a) of 
Section 7, and sub-section (b) of Section 10 thereof. 

(c) The Supplementary Code empowers the Supplementary Code 
Authority to present the aforesaid amendment on behalf of the indus- 
try as a whole. 

(380) 



381 

(d) The ameiKlment 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 approval of said 
amendment. 

For these reasons, therefore, this amendment has been approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 

April 6, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE NON-FERROUS HOT WATER 
TANK MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND' 
METAL FINISHING AND METAL COATING INDUSTRY 

Article II — Definitions 

Delete the following from lines five, six and seven of the first 
paragraph : 

"for working pressure of over fifty (50) pounds per square inch 
restricted to sizes not exceeding one hundred nineteen (119) gallons' 
capacity." 

Place a period after the word " heaters " in line five. 

Approved Code No. S4N — Amendment No. 1. 
Registry No. 1129-1-14. 

(382) 



Approved Code No. 548 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PACKAGE AND PASTEURIZED-BLENDED AND 
PROCESS CHEESE INDUSTRY 

As Approved on April 6, 1935 



ORDER 

Approaixg Amendment of Code of Fair Competition for the 
Package and Pasteurized-Blended and Process Cheese Industrt 

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 Package and Pasteur- 
ized-Blended and Process Cheese Industry, and opportunity to be 
heard having been afforded to all members of said Industry, and no 
objections having been filed, and the annexed report on said amend- 
ment, containing findings with respect thereto, having been made 
and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise; does hereby incorporate 
by reference said annexed report and does find that said amendment 
and the Code as constituted after being amended comply in all 
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 Ojjicer. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

April 6, 1935. 

(383) 



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 Package and Pasteiirized-Blended and Process 
Cheese Industry. This amendment is the standard clause for liqui- 
dated damages which is being added to this Code at the request of 
the Code Authority. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on said amendment to said Code having 
found as herein set forth and on the basis of all 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 removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and main- 
taining united action of labor and management under adequate gov- 
ernmental sanctions and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as ma}' 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 limitation 
sub-section (a) of Section 8, sub-section (a) of Section 7, and sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

Accordingly, the National Industrial Recovery Board approved 
the amended Code of Fair Compensation for the Package and Pas- 
teurized-Blended and Process Cheese Industry, to the extent of its 
jurisdiction as stated in your Executive Orders No. 6551 of January 
8, 1934, and No. G859 of September 27, 1934. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Admhnistrat'tve Officer. 
April 6, 1935. 

(384) 



AMEXDMEXT TO CODE OF FAIR CO^MPETITIOX FOR 
THE PACKAGE AND PASTEURIZED-BLEXDED AXD 
PROCESS CHEESE INDUSTRY 

Article VII — Section 8 

"An}" member of the Industry may enter into an agreement with 
any other member or members of the Industry providing for the 
payment of liquidated damages by any party thereto upon viola- 
tion b}" him of an}" provision of the Code, provided, however, that 
such agreement shall become effective and binding on the parties 
thereto only after the execution thereof shall have received the 
consent of the National Industrial Recovery Board." 

Approved Code No. 548 — Amendment No. 1. 
Registry No. 104-07. 

(385) 



Approved Code No. 102 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SHOVEL, DRAGLINE AND CRANE INDUSTRY 

As Approved on April 6, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
SHO^^L, Dragline and Crane 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 Shovel, Dragline and 
Crane Industry, and opportunity to be heard thereon having been 
duly noticed and the annexed report on said amendment, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise; 
does hereby incorporate, bj^ 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 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 Reco\'ert Board, 
B}' W. A. Harriman, Administrative Officer. 

Approval recommended : 

Barton W. Murray, 

Divisio n A dm in istrato r. 

Washington, D. C, 

Ayril 6, 1935. 

(387) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir: This is a report on the Amendment to Article II, "Defini- 
tions ", of the Code of Fair Competition for the Shovel, Dragline 
and Crane Industry, which provides in the definition of " Industry " 
for the inclusion of portable drilling machines. Opportunity to be 
heard was given from January 17 to February 6. 1935. 

nXDINGS 

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

It is found that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general wel- 
fare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise 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 amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons, this Amendment has been approved. 
For the National Industrial Recover}^ Board : 

W. A. Harriman, 
Administrative Oificer. 
April 6, 1935. 

(3SS) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE SHOVEL, DRAGLINE AND CRANE INDUSTRY 

Amend Article II, definition of "Industry", to read as follows: 
" Industry — the manufacture and the sale by the manufacturer 

within the continental United States of America, including Alaska 

and the Territory of Hawaii, of 

(1) power-operated, convertible shovels and draglines and spe- 
cial modifications thereof, such as cranes equipped for clamshell or 
lifting service, back-digging trench-hoes, skimmers, auto truck- 
cranes, and the like, all having a nominal rating of one-third (l^) 
cubic yard capacity and more; 

(2) full revolving locomotive cranes having a nominal rating of 
three (3) tons capacity and more, and special modifications of such 
machines embodying locomotive crane superstructure; 

(3) portable drilling machines (as distinguished from 'standard 
rigs ' and pneumatic drills) of the cable-tool, rotary or hollow-pipe 
system, including attachments therefor and modifications thereof, 
and equipment and tools for the aforesaid, and mechanical bit-sharp- 
ening machines, when produced by the manufacturer of the finished 
product for use as integral or auxiliary equipment to the said port- 
able drilling machines. 

(a) i3rovided that the sale by the manufacturer of portable drill- 
ing machines, tools and equipment, as herein defined, for use in the 
Petroleum Industry, as defined in Article I of the Code of Fair Com- 
petition for the American Petroleum Equipment Industry and Trade, 
shall be subject to the provisions of Articles VI and X of said Ameri- 
can Petroleum Equipment Industry and Trade Code, and 

(b) provided that those manufacturers of portable drilling ma- 
chines, tools and equipment whose total volume of business is pre- 
ponderantly under the American Petroleum Equipment Industry and 
Trade Code shall be exempt from the wage and hour j^rovisions of 
the Shovel, Dragline and Crane Industry Code and shall be subject 
to the wage and hour provisions of the American Petroleum Equip- 
ment Industry and Trade Code, and 

(c) provided that all sales for use outside the Petroleum Industry 
as above defined shall be subject to the Fair Trade Practices effec- 
ting the sale of portable drilling machines, tools and equipment of 
the Shovel, Dragline and Crane Industry Code." 

Approved Code No. 102 — Amendment No. 3. 
Registry No. 1329—1-01. 

(389) 



135637—3.3 21 



Approved Code No. 411 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BANK AND SECURITY VAULT MANUFACTURING 

INDUSTRY 

As Approved on April 8, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Bank and Security Vault 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 Bank and Security 
Vault Manufacturing Industry, and opportunity to be heard hav- 
ing 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 au- 
thority vested in it by Executive Order No. 6859. and otherwise, 
does hereby incorporate, by reference, said annexed report and 
does find that said amendment and the Code as constituted after 
being amended comply in all respects with the pertinent provi- 
sions and will promote the policy and purposes of said title of 
said act, and does hereby order that said amendment be and it is 
hereby approved, and that the said approval of said Code is hereby 
amended to include on approval of said Code in its entirety as 
amended, such approval and such amendment to take effect from; 
the date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board within twenty (20) days from 
the date hereof and the National Industrial Recovery Board issues 
a subsequent order to that effect. 

National Industrial Recovery Board, 
By W. A. Harriman, Administrative O^cer. 

Approval recommended : 
Barton W. Murray, 

Division Administrator'. 

Washington, D, C, 

April 8, 1935. 

r39i) 



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 Bank and Securit}^ Vault Manufacturing IndustiT. 
In accordance with the requirements of the National Recovery Ad- 
ministration, due opportunity to be heard was afforded all interested 
persons. No objections were filed. 

The amendment is designed to provide for one designated alter- 
nate for each member of the Code Authority, to be elected by the 
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: 

The National Industrial Recovery Board finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act. including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of 
the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporarily required), 
by increasing the consumption of industrial and agricultural prod- 
ucts through increasing purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said title of said act, including without limitation 
subsection (a) of section 3, subsection (a) of section 7 and subsection 
(b) of section 10 thereof. 

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(cl) The amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will not 
o])erate to discriminate against them. 

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

For these reasons, therefore, this Amendment has been approved. 
For the National Industrial Recovery Board. 

W. A. Harriman, 
Administrative Ojflcer. 
April 8, 1935. 

(392) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BANK AND SECURITY VAULT MANUFACTURING 
INDUSTRY 

Add to Article VI, Section 1, Paragraph (b), the following 
sentences : 

One designated alternate for each member of the Code Authority 
shall be elected by the members of the Industry, at the same time 
and in the same manner as members of the Code Authority. No 
two active members- of the Code Authority at the same time shall 
be officers, directors, employees, or in any way connected with the 
same member of the Industry. 

Approved Code No. 411 — Amendment No. 1. 
Registry No. 1133-1-05. 

(393) 



Approved Code No. 7 — Amendment No. 4 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORSET AND BRASSIERE INDUSTRY 

As Approved on April 8, 1935 



ORDER 



Approving 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 
Recovery 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 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 
x^rosiciGiit " 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby ap 
proved, and that the previous approval of said Code is hereby 
amended to include an approval of said Code in its entirety as 
amended. 

National Indumtrial Recovery Board, 
ByW. A. HARKLMAjf, Admimstrative O-fftcer. "^ 

Approval recommended : 
M. D. Vincent. 

Acting Division Administrator. 

Washington, D. C, 

April 8, 1935. 

(395) 



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 pro- 
posed by the Code Authority for this Industry. A Notice of Oppor- 
tunity to be Heard on the proposed amendment was published March 
12, 1935. One objection was received and was duly considered. 

Article 9, Section (t), of the Code provides that all garments 
manufactured or distributed shall bear N. R. A. labels. This Section 
also sets forth certain regulations concerning the issuance and use 
of such labels. The amendment proposed is a sentence to be added 
to the first paragraph of this Section, and provides that the charge 
for labels by the Code Authority shall, at all times, be subject to the 
approval of the National Industrial Recovery Board. 

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 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 purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of labor, and by other- 
wise rehabilitating industry. 

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

(c) The Code empowers the Code Authority to present the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

(396) 



397 

(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 Offlcer. 
April 8, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CORSET AND BRASSIERE INDUSTRY 

Amend Article 9, Section (t) by adding to the first paragraph 
thereof the following sentence : 

The charge for labels by the Code Authority shall at all times be 
subject to the approval of the National Industrial Recovery Board 
and shall not be more than the amount necessary to cover the actual 
reasonable cost of administering and enforcing this Code in accord- 
ance with a budget approved by the National Industrial Recovery 
Board. 

Approved CJode No. 7 — ^Amendment No. 4. 
Registry No. 220-1-02. 

(3»8) 



Approved Code No. 148 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PYROTECHNIC MANUFACTURING INDUSTRY 

As Approved on April 10, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Pyrotechnic Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to a Code of Fair Competition for the Pyrotechnic Manufac- 
turing Industry, and Notice of Opportunity to be Heard having been 
duly published thereon and the annexed report on said amendment, 
containing findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive orders of the President, including Ex- 
ecutive Order No. 6859, dated September 27, 1934, and otherwise: 
does hereby incorporate, by reference, said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said title of said act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby amended to in- 
clude an approval of said Code in its entirety as amended; provided, 
however, that said amendment shall be effective only in the event 
that the Code of Fair Competition for the Pyrotechnic Manufac- 
turing Industry, as now defined, shall be in full force and effect 
on July 6, 1935. 

National Industrial Recovery Board. 
By W. A. Harriman, Administrative 0-fficer. 

Approval recommended : 
Joseph F. Battley, 

Division Administrator. 

Washington, D. C., 

April 10, 1935. 

(399) 



REPORT TO THE PRESIDENT 

The President, 

The Wh?fe House. 

Sir : This is a report on an Amendment to the Code of Fair Com- 
petition for the Pja^otechnic Manufacturing Industr}^ which Code 
was approved on December 7, 1933. 

This Amendment provides for discontinuance of the manufacture 
and sale of certain fireworks Avhich are considered more dangerous 
than others. It is the belief of the Industry that through this action 
added safety will be accorded the children of the Nation. 

A Notice of Opportunity to be Heard upon the said Amendment 
was published January 12, 1935, and expired February 2, 1935, in 
accordance with the provisions of the National Industrial Recovery 
Act. No serious objections or criticisms have been received. 

FINDINGS 

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

The Board finds that : 

(a) The Amendment to said Code and the Code as amended are 
well designed to i^romote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide, for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (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- 
cmplo3'ment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said title of said act, including without limitation 
subsection (a) of Section 3, subsection (a) of Section 7 and 
subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority Board to present the 
aforesaid Amendment on behalf of the Industry as a whole. 

(d) The Amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

(e) The Amendment and the Code as amended are not designed 
to and will not eliminate or oppress small enterprises and will noL 
operate to discriminate against them. 

(400) 



401 

(f ) Those engaged in other steps of the economic process have not 
been deprived of the right to be heard prior to approval of said 
Amendment. 
Therefore, said Amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojfficer. 

Apkil 10, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
PYROTECHNIC MANUFACTURING INDUSTRY 

Amend article YII, section 2, paragraph f, by the addition of the 
following to be designated as subsections 1, 2, 3 and 4: 

1. Fireworks items of the Commercial Fireworks Division which 
depend for their effect on the producing of noise and in which an 
explosion is produced by ignition or detonation shall be limited to 
an average of 45 grains explosive composition; and no composition 
or mixture in w^hich an explosion is produced or assisted by aluminum, 
magnesium or antimony sulphide shall be used in the above manner, 
except in the manufacture of paper caps and toy torpedoes; provided, 
however, that the Planning and Fair Practice Agency of the Com- 
mercial Fireworks Division may from time to time propose amend- 
ments to the above list of ingredients as the necessity may arise to 
carry out the purposes of this Code, which amendments, when 
approved by N. R. A. shall be binding on all members of this industry. 

2. No salutes, firecrackers or any items of similar character that 
are intended to be exploded on the ground for their primary effect, 
by ignition, by fuse or other priming device, shall be made of a 
length greater than four inches and/or outside diameter greater 
than % inch. 

3. The Planning and Fair Practice Agency of the Commercial 
Fireworks Division of the Pyrotechnic Industry is hereby empowered 
to formulate and recommend such rules and regulations regarding 
the manufacture and specifications of items of commercial fireworks 
as may be necessary for the protection and safety of the users or for 
other reasons, which rules and regulations, when approved by N. R. 
A., shall be binding on all members of this Industry. 

4. These subsections shall become effective July 6, 1935. 

Approved Code No. 148 — Amendment No. 2. 
Registry No. 611-02. 

(402) 



Approved Code No. 265 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COFFEE INDUSTRY 

As Approved on April 11, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Coffee 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 Coffee Industry, and 
opportunity to be heard having been afforded to all interested 
parties and the annexed report on said amendment, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said amendment 
and the Code as constituted after being amended comply in all 
respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendment be and it is hereby approved, and that the previous 
approval of said Code is hereby modified to include an approval of 
said Code in its entirety as amended, such approval and such amend- 
ment 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 said Board issues a 
subsequent order to that effect. 

National Industrial REC0^■ERY Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended : 

Armin "VY. Riley, 

Division Administrator. 

Washington, D. C. 

April 11, 1935. 

(403) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on an Amendment to Article V of the ap- 
proved Code of Fair Competition for the Coffee Industrj'^, No. 265, 
by the addition of a new section. This Code was approved on 
February 6, 1934. 

The Code Authority for the Coffee Industry, in accordance with 
Section 2 of Article XI of said Code, havino; found it necessary in 
order to maintain standards of fair competition, has made applica- 
tion for Amendment of said Code. This amendment is deemed ad- 
visable in order to provide for the Code Authority, within three 
months after approval of the amendment, to submit standards for 
safety and health for employees during working hours, such stand- 
ards being conducive to their general welfare while not burdensome 
to the industry. 

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

The National Industrial Recovery Board finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act. including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for the 
general welfare by promoting the organization of industry for the 
purpose of cooperative action of labor and management under 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 products 
through increasing purchasing power, by reducing and relieving 
unemployment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

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

(c) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

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

(404) 



405 

(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 the Code as amended has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojficer. 
April 11. 1935. 



135637 — 35 22 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
COFFEE INDUSTRY 

Amend Article V by the addition of a new Section to read as 
f ollotvs : 

'• Section 11. 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 
submitted by the Code Authority to the National Industrial Recovery 
Board for approval within three months after the effective date of 
this amendment. After approval, such standards shall become the 
minimum standards of safety and health for all members of the 
Industry." 

Approved Code No. 265 — Amendment No. 3. 
Registry No. 111-1-01. 

(406) 



Approved Code No. 273 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BAND INSTRUMENT MANUFACTURING 
INDUSTRY 

As Approved on April 13, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Band Instrument 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 Band Instrument 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, dated September 27, 1934, and otherwise, 
does hereby incorporate by reference, said annexed report and does 
find that said Amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said Amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby modified to 
include an approval of said Code in its entirety as amended, such 
approval and such Amendment to take effect 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 Na- 
tional Industrial Recovery Board issues a subsequent order to that 
effect. 

National Industrial Recovery Board, 
ByW. A. HAEmM AN, Administrative Of^cer. 

Approval recommended : 
John W. Upp, 

Acting Division Admimsfrator. 

Washington. D. C, 

April 13, 1035. 

(407) 



REPOKT TO THE PRESIDENT 

The President, 

The White Ecnise. 

Sir : An application has been diilj'^ 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 
Band Instrument Manufacturing Industry, submitted by the said 
Industry through its Code Authority. 

On September 24, 1934, public hearing was held in Washington, 
D. C. Every person who requested an appearance was properly 
heard in connection with statutory and regulatory requirements^ 
The amendment was revised as a result of the hearing and resub- 
mitted to the Industry for approval. The amendment as submitted 
in final form has been approved by the Industry. 

The amendment clarifies certain provisions in the definition and 
deletes the definitions of " jobber ", " retailer " and " agent ", which 
are unnecessary in this Code ; it modifies and adds certain labor pro- 
visions; it provides for more efficient administration organization; 
and it adds certain trade practice provisions. 

The Deputy Administrator in his final report on said amendment 
to said Code having found as herein set forth and also in his memo- 
randum which is incorporated herein by reference and on the basis 
of all the proceedings in this matter: 

It is found that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action among trade groups, by inducing and main- 
taining united action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest utilization of the present 
productive capacitiy of the 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. 

(408) 



409 

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

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

For these reasons, therefore, this Amendment has been approved. 
For the National Industrial Recovery Board: 

W. A. Harriman, 
Administrative Offtcev. 
April 13, 1935. 



AMENDMENT TO CODE OF FAIE COMPETITION FOR 
THE BAND INSTRUMENT MANUFACTURING IN- 
DUSTRY 

(1) Insert between the words in the third line of Section 1 of Ar- 
ticle II " remodeling " and " of " the phrase " and/or the original 
sale thereof by a member of the Industry." 

(2) Amend Section 2, Article II, to read as follows: 

Section 2. The term " member of the Industry " as used herein, 
includes, but without limitation, any individual, partnership, asso- 
ciation, corporation or other form of enterprise engaged in the In- 
dustry either as employer or on his or its own behalf. 

(3) Delete Sections 6, 7 and 8 of Article II. 

(4) Substitute for the present titular number 9 of Article II, 
the titular number 6. 

(5) Amend Section 3, Article IV, to read as follows : 

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

(7) Amend Section 4, Article V to read as follows: 

Section 4. Every employer shall provide for the safety and health, 
of employees during the hours and at the places of their employment. 
Standards for safety and health shall be submitted by the Code 
Authority to the National Industrial Recovery Board within three 
months after the effective date of the amendment. 

(8) Amend Section 7, Article V, to read as follows: 

Section 7. All employers shall post and keep posted copies of this 
Code in conspicuous places accessible to all employees. Every mem- 
ber of the Industry shall comply with all rules and regulations rela- 
tive to the posting of provisions of Codes of Fair Competition whicK 
may from time to time be prescribed by the National Industrial 
Recovery Board. 

(9) To Article V, add the new Section 8 to read as follows: 
Section 8. 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 any Code. 

(410) 



411 

(10) Add the folloAving new subsections to Section 7, Article VI: 
(g) To make recommendations to tlie 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) To initiate, consider and make recommendations to the Na- 
tional Industrial Recovery Board for the modification or amendment 
of this Code. Such modification, after such notice and hearings as 
may be prescribed by the National Industrial Recovery Board shall 
become effective as a part of this Code and be binding upon every 
member of the Industry. 

(i) To require within a three-month period reports as to the re- 
spective occupations engaged in by men and women, together with 
the rates paid for these. 

(11) To Article VII, add the following Section 12: 

Section 12. Terms of Sale. — (a) All invoices shall be due and 
payable net in thirty (30) days and no more favorable allowance 
than 2% for cash shall be allowed for prompt payment, provided 
that such payment shall be presented or mailed on or before the 
tenth (10th) proxim. 

(b) Interest at the voXe of not less than six percent (6%) per 
annum from the net due date shall be charged and collected on all 
invoices unpaid at the expiration of sixty (60) days after the in- 
voice date; provided, however, that in States where the maximum 
legal rate of interest is less than six percent (6%), said maximum 
rate allowed in such State shall be so charged. 

Approved Code No. 273 — Amendment No. 1. 
Registry No. 1640-05. 



Approved Code No. 429 — Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CANNED SALMON INDUSTRY 

As Approved on April 13, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Canned Salmon 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 Canned Salmon Indus- 
try, and opportunity to be heard having been afforded all members 
of said Industry and any objections filed having been duly con- 
sidered, and the annexed report on said amendment, containing find- 
ings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate by 
reference said annexed report and does find that said amendment and 
the Code as constituted after being amended comply in all respects 
with the pertinent provisions and will promote the policy and 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 O^cer. 

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D. C. 

April IS, 1935. 

(413) 



REPORT TO THE PRESIDENT 

The President. 

The 'White House. 

Sir: This is a report on an amendment to Section 1, Subsection 
(k) of Article VI to the approved Code of Fair Competition for the 
Canned Sahnon Industry, No. 429. This Code was approved on 
May 15, 1934. 

The Code Authority for the Canned Salmon Industry, having 
found it necessary in order to maintain standards of fair competi- 
tion, has made application for amendment of said Code. This is 
deemed advisable inasmuch as Article YI, Section 8 (k) of the 
Canned Salmon Code as it is written does not provide that violation 
of the provisions of an employment contract constitutes a violation 
of the Code itself. The industry is desirous of so providing, and 
therefore has proposed 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 : 

The National Industrial Recovery Board finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act, including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate gov- 
ernmental sanction and supervision, by eliminating unfair competi- 
tive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), by 
increasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving un- 
employment, by improving standards of labor, and by otherwise 
rehabilitating industry. 

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

(c) The Code empowers the Code Authority to present the afore- 
said amendment ^n behalf of rhe Indusiry 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. 

(414) 



■il3 

(f) Those enga<>ed in other steps of the economic process have 
not been deprived of the right to be heard prior to approval of said 
amendment. 

For these reasons the Code as amended has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Officer. 
April 13, 1935. 



•H. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CANNED SALMON INDUSTRY 

The Code of Fair Competition for the Canned Sahnon Industrj'- 
shall be amended by deleting the present subsection (k), Section 8 
of Article VI and inserting in its place the following : 

"(k) To prepare and submit to the National Industrial Recovery 
Administration from time to time standard provisions for employ- 
ment contracts for all persons employed in the United States proper 
for work in Alaska on a monthly basis. Such standard provisions 
shall not become effective until approved by the National Industrial 
Recovery Board, provided that for any contract provisions to be 
applicable during any calendar year, such approval must be given 
by April 1st of that year. Such standard provisions shall not be 
changed except with the approval of the National Industrial Recov- 
ery Board. After such standard provisions are approved, no member 
of the industry shall enter into a contract with any employee on 
terms less favorable to such employee than provided in the standard 
provisions for such class of employee. Violation of any applicable 
standard provisions which have been approved by the National Indus- 
trial Recovery Board shall constitute a violation of this Code. For 
the calendar year nineteen thirty-five, standard provisions approved 
on or before April 15, 1935, shall become effective pursuant to this 
Section." 

Approved Code No. 429 — Amendment No. 1. 
Registry No. 106-09. 

(416) 



Approved Code No. 199 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORK INDUSTRY 

As Approved on April 13, 1935 



ORDER 



Approving Amendment of Code or Fair Competition 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 an 
opportunity to be heard having been duly 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 Recover}' 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 compl}^ in all respects with the pertinent provisions and will 
promote the policy and purposes of said Title of said Act, and does 
hereby order that said Amendment be and it is hereby approved, 
and the previous approval of said Code is hereby amended to in- 
clude an approval of said Code in its entirety as amended, such ap- 
proval 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 Na- 
tional Industrial Recovery Board issues a subsequent order to that 
effect. 

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

Approval recommended : 
RoBT. N. Campbell, 
Acting Division Administrator. 

Washington, D. C, 

April 13, 1935. 

(417) 



EEPORT TO THE PKESIDENT 

The President, 

The White House. 

Sir: An application has been duh' 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 purpose and effect of the deletion and amendment as submit- 
ted are to revise the Code in conformity with the standard require- 
ments for child labor and hazardous occupations ; and for the inser- 
tion in the Code of the standard mandatory clauses for the basis 
of assessment and contribution by members of the Industry to the 
expenses of administering the Code for the Cork Industry. 

FINDIXGS 

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 : 

The Board finds that : 

(a) The amendment to said Code and the Code as amended are 
well designated to promote the policies and purposes of Title I of 
the National Industrial 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 the industries, by avoiding undue re- 
striction of production (except as ma}' 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 b}^ otherwise 
rehabilitating industry. 

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

(c) The amendment and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(d) The 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. 

(418) 



419 

(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 has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Officer. 
April 13, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CORK INDUSTRY 

Delete Section 1 of Article V in its entirety, which is as follows: 
" Section 1. No person under sixteen (16) years of age shall be 
emplo3^ed in the Industry, No person under eighteen (18) years of 
age shall be employed at operations or occupations which are haz- 
ardous in nature or dangerous to health. 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 employment or age cer- 
tificates or permits showing that the employee is of the required age." 
Insert as new Section 1 of Article V the following : 
Sectiox 1. No person under sixteen (16) years of age shall be 
employed in this Industry in any capacity. 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 
Authorit}^ shall submit to the National Industrial Recovery Board 
for approval within ninety (90) days after the effective date of 
this amendment, a list of such operations or occupations and upon 
approval by the National Industrial Recovery Board such list shall 
become effective as a part of this Code. In any State an employer 
shall be deemed to have complied with this provision as to age if he 
shall have on file a valid certificate or permit duly signed by the 
authority in such State empowered to issue employment or age 
certificates or permits, showing that the employee is of the required 

Delete Section 3(g) of Article VI in its entirety, whi^h is as 
follows : 

"(g) To allocate assessments among the divisional groups of the 
Institute and to collect from those members of the Industry par- 
ticipating in the activities of the Code Authority an equitable and 
proportionate share of the reasonable expenses of maintaining the 
Code Authority and its activities." 

Insert as new Section 3 (g) of Article VI the following: 

(g) It being found necessary in order to support the administra- 
tion of this Code and to maintain the standards of fair competition 
established hereunder and to effectuate the policy of the Act, the 
Code Authority is authorized : 

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

(2) To submit to the 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 

(420) 



421 

which the funds necessary to support such budget shall be contributed 
by members of the Industry; 

(3) After such budget and basis of contribution have been ap- 
proved by the National Industrial Recovery Board, to determine and 
obtain equitable contribution as above set forth by all members 
of the Industry, and to that end, if necessary, to institute legal 
proceedings therefor in its own name. 

(4) Each member of the Industry shall pay his or its equitable 
contribution to the expenses of the maintenance of the Code Author- 
ity, determined as hereinabove provided, and subject to rules and 
regulations pertaining thereto issued by the National Industrial Re- 
covery Board. Onl}' members of the Industry comiDhdng 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. 

(5) The Code Authority shall neither incur nor pay any obliga- 
tion substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount 
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 Recov- 
ery Board shall have so approved. 

Approved Code No. 199 — Amendment No. 3. 
Registry No. 308—1-01. 



135637—3.5 23 



Approved Code No. 90 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FUNERAL SUPPLY INDUSTRY 

As Approved on April 13, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Funeral Supply 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 Amendments 
to the Code of Fair Competition for the Funeral Supply Industry^ 
and a Public Hearing having been duly given thereon and the an- 
nexed report on said Amendments, containing findings with respect 
thereto, having been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders 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 Amendment 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 : 
John W. Upp, 

Acting Division Administrator, 

Washington, D. C, 

April 13, 1935. '-^ 

(423) T 



REPORT TO THE PRESIDENT 

The Presidext, 

The White House. 
Sir : This is a report on Amendments to the Code of Fair Compe- 
tition for the Fmieral Supply Industry, to incorporate provisions 
requiring complete trade reports from members of the Industry; to 
include certain States in the territorial divisions; to authorize mem- 
bers of the Industry to enter an agreement for voluntary payment 
of damages for labor and trade practice violations; and to properly 
mark the products with the quality and essential specifications of the 
materials. These Amendments were proposed in accordance with 
Article X of the Code as approved on November 4, 1933 and a Public 
Hearing was given on December 7, 1934. 

FINDINGS 

The Assistant Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said Amendments to said Code 
having found as herein set forth and on the basis of all the proceed- 
ings in this matter : 

The Amendment of Section lA of Article VI further defines and 
makes more specific the Commodity Divisions established by the 
Code, and establishes three new Divisions. 

Finding. — This Amendment recognizes the need for further classi- 
fication of the Commodity groups, in that through experience it has 
been found that a more equitable representation was needed to pro- 
mote the organization of the Industry. The interests of the light- 
gauge manufacturers, converters of textiles, and manufacturers of 
set-up or knocked-down shells and metal rough boxes, are through 
this Amendment, given a greater representation, and the Code Au- 
thority is better able to contact the members of the Industry and 
enforce the provisions of the Code. 

The Amendment of Section IB of Article VI considers the Geo- 
graphical Divisions of the Industry. 

Finding. — The Code, as approved, omitted certain States, and set 
up some Divisions that were found to be impractical. The State of 
Utah can be better administered by being contained in the North 
Pacific Division. 

The Amendment of Article VII, Section 2, by adding a new Sub- 
section (c), provides for the keeping of accurate accounts and in- 
spection of records. 

Finding. — The Code, as approved, authorizes the Code Authority 
to make specific recommendations with reference to keeping of uni- 
form accounts, methods and conditions of trading. To properly 
offectuate the purposes of Title I of the National Industrial Recovery 
Act, this Amendment will enable the Code Authority to properly 

(424) 



425 

determine whether or not a member of the Industry is violating the 
provisions of the Code. It will aid in eliminating unfair trade prac- 
tices, especially as to sales provisions and terms of sale. It will pro- 
tect the small legitimate manufacturer working on a small margin, 
from trade abuses which are threatening and tend to favor the large 
manufacturer. The proper administration of the Code is further 
strengthened by this Amendment. 

The Amendment to Article VIII, by adding the new Section 5^ 
provides for the proper labeling of the products of the Industry. 

Finding. — -The great variety of grades and qualities of the prod- 
ucts of this Industry allow the unscrupulous to mislabel or misrepre- 
sent the products. A majority of casket shells are covered by cloth, 
which makes it impossible for the buyer to determine the material 
used in manufacture of the casket. By proper labeling, both the 
customer and the Code Authority are protected. The responsibility 
of the goods can be placed and the Code Authority can authenticate 
all prices, and is materially assisted in definitely furthering the pro- 
visions of the Code. 

The Amendment to be identified as Article XIV provides for the 
payment of liquidated damages. 

'Finding. — Members of any Commodity or Geographical Division 
who so desire, may enter into an agreement among themselves for 
payment of liquidated damages. 

This voluntary agreement differs from present established prac- 
tices, but this Amendment will tend to promote the general welfare 
of the Industry and will improve the standards of labor through 
increased employment and protection of wage and hour provisions. 

GENERAL FINDINGS 

(a) The Amendments will not change the fundamental economic 
conditions of the Industry, will not obstruct any sound economic 
practice in the Industry and will further the economic progress of 
any manufacurer or jobber or members of the Funeral Supply 
Industry. 

(b) The Code, as amended, complies in all respects with the per- 
tinent provisions of said Title of said Act, including without limi- 
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and 
Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the afore- 
said Amendments on behalf of the Industrj^ as a whole. 

(d) The Code and the Code as amended are not designed to and 
will not permit monopolies or monopolistic practices, and will not 
eliminate or oppress small enterjDrises or discriminate against them. 

Finding. — The Industry has approximately 1,000 members, and 
indirectly affects approximately 25,000 members of the Funeral Serv- 
ice Industry. Through the establishment of Commodity Divisions 
and Geographical Divisions, the small enterprise is represented and 
by establishing methods of cost finding and the filing of prices and 
fair trade practice regulations, the tendency towards any monopoly 
arising is not anticipated. The members of the Industry vary in 
size from the large manufacturers of caskets with national distribu- 
tion, to the individual local manufacturers of one product. The 
Code offers to all members a voice in the administration of the In- 



426 

dustry. A Notice of Public Hearing was published, and the Amend- 
ments presented for discussion and review. 

(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 Amendments. 

Finding. — Members of other industries effected by one of the pro- 
posed Amendments, by letter and telegram, filed protest, and after 
review, this Amendment was deleted. 

For these reasons, therefore, these Amendments have been ap- 
proved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojflcer. 

April 13, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE FUNERAL SUPPLY INDUSTRY 

Amend Article VI 

SECTION 1 (A) 

Subsection (1) to read: 

(1) Metal Casket Division, consisting of manufacturers of metal 
caskets, and/or of knocked down or assembled shells or major parts 
thereof especially designed or machined for shells for metal caskets. 

Subsection (2) to read: 

(2) Casket Hardware Division, consisting of manufacturers of 
casket hardware, trimmings and ornaments, and/or of stampings or 
castings for casket or vault hardware. 

Subsection (3) to read: 

(3) Metal Burial Vault Division, consisting of manufacturers of 
burial vaults and/or of major stampings and major parts, especially 
designed or machined therefor, exclusive of hardware. 

Following the present Subsections (4) and (5) insert additional 
Subsections (6), (7) and (8), to read: 

(6) Converters of textiles for funeral supplies and/or jobbers 
who specialize in the sale of textiles for funeral supplies. 

(7) Manufacturers of set up or knocked down shells, and/or major 
parts especially designed or machined for shells, for wood caskets. 

(8) Manufacturers of metal rough boxes, metal shipping con- 
tainers, and/or other metal containers for caskets not classified as 
metal burial vaults, and manufacturers of major stampings and 
major parts especially designed or machined therefor, exclusive of 
hardware. 

SECTION 1 (B) 

Insert in Paragraph (4) prior to the words " Eastern Pennsyl- 
vania " the word " Delaware." 

Change the wording of Paragraph (11) to read "(11) Mountain 
Division, consisting of Arizona, Colorado, Montana, New Mexico 
and Wyoming." 

Change the wording of Paragraph (12) to read "(12) North Paci- 
fic Division, consisting of Idaho, Oregon, Utah and Washington." 

Delete the period at the end of Paragraph (13) and add "and 
Nevada." 

Amend Article VTI 

Under Section 2, insert a new Subsection (c) to read: 
(c) Keeping of accounts and inspection of records. — 1. If the 
Code Authority, or the Secretary of the Code Authority, or the agent 
of the National Industrial Recovery Board shall determine that sub- 

(427) 



428 

stantial doubt exists as to the accuracy of any 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 Secretary of the Code 
Authority and such member or, in the absence of agi-eement, ap- 
pointed iDy the National Industrial Eecovery Board. In no case 
shall the facts disclosed by such examination be made available in 
identifiable form to any competitor, whether on the Cod© Authority 
or otherwise, or be given any other publication except such as may 
be required for the proper administration or enforcement of the pro- 
visions of this Code. 

2. The cost of each such examination shall be treated as an expense 
of administering the Code. 

3. Each member of the Industry shall keep written and accurate 
time and payroll records showing the actual number of working hours 
of each and every employee receiving less than a regular weekly 
wage of $35, and the actual net amount of money paid to such em- 
ployee (s), including as employees all members of the family or rela- 
tives of the owner (s) and all stockholders or partners who are 
employed in this Industry and em]3loyed by, or actively engaged in 
work on behalf of, such member. No member shall fail or refuse to 
keep such records or falsify such records. 

4. No member shall make any sale or delivery of funeral supplies 
without making and keeping a written invoice of each and every 
transaction and each invoice shall be an accurate and true record of 
the products furnished, prices, discounts or terms of the sale, and 
shall include therein sufficient description as will, upon audit or in- 
spection, enable anyone to readily and accurately determine the 
transaction involved and the merchandise furnished, and such de- 
scription shall be in such form as will enable anyone having reason- 
able knowledge of the products and terminology of this Industry to 
readily determine whether the prices, discounts and terms of sale 
are in accordance with the prices, discounts and terms filed by such 
member with the Code Authority as being applicable, at the date of 
sale, to the products actually furnished in the particular transaction. 

5. No member shall withhold from any invoice statements which 
properly should be included therein so that, in the absence of such 
statements, the invoice does not truly reflect the transaction involved. 

Amend Article VIII 

Following the present Section 4, add a new Section 5 to read : 
(5) Labeling. — (a) Metal Caskets. — Every metal casket shall be 
plainly labeled, on the outside, with a label stating the name of the 
maker or seller and the kind and gauge of the metal used in the con- 
struction of the shell. When the shells are made from ferrous sheets, 
the gauge shall be expressed in terms of U. S. Standard gauge, or 
in terms of decimals of an inch. When the caskets are made of 
copper or bronze sheets, the gauge shall be expressed in terms of 
Brown & Sharpe Standard gauge for copper and bronze sheets. 

(b) All other Caskets and Hardwood Boxes. — All other caskets 
and hardwood boxes shall be labeled with labels stating the name 
of the manufacturer or of the firm or individuals selling them to 



429 

the trade, and also an accurate enunciation of the material used in 
the construction thereof. 

(c) Vaults and other Metal Containers for Caskets. — All metal 
burial vaults or other metal containers for caskets shall be plainly 
labeled, on the outside, with the name of the manufacturer or seller, 
and the gauge, in ternxs of U. S. Standard gauge, and kind, in trade 
name, of the metal used. The use of trade names to indicate the kind 
of metal used is approved but the member using a trade name shall 
file with the office of the Code Authority a statement showing in gen- 
eral terms, such as copper bearing steel, the composition of such 
material. 

(d) Any manufacturer of metal caskets and/or metal vaults 
and/or other metal containers for caskets may only omit his own 
label (s) when he sells such product (s) for distribution by refab- 
ricators or wholesale distributors under their own labels provided he 
first registers with the Secretary of the Code Authority a distinctive 
identification symbol, such as a letter or mark or number, or combina- 
tion thereof, which will be used to identify the one manufacturer's 
product only, and applies such symbol at a definitely specified point 
on the outride or on the outside of the bottom of each such metal cas- 
ket and/or metal vault and/or other metal container for caskets, and 
it shall be an act of unfair competition for the manufacturer to 
fail to affix such symbol or for the refabricator or wholesale distrib- 
utor to remove any symbol or label. The symbol is to enable the Code 
Authority agents to identify the maker of a product and the regis- 
tered symbols may not be published to the members of the indus- 
try except with the consent of the manufacturer registering such 
s}Tnbol. 

(e) All labels or symbols shall be large enough to be easily read- 
able. 

(f) The labels shall be irremovable in the sense that removing 
them will deface the finish or show a defaced spot in the finish. In 
finished cases this can be done by lacquering or varnishing over the 
label. In textile covered cases, it can be done by cutting out of the 
covering material a piece the size of the label and fitting the label 
in the void thus created. 

Insert the folloivmg as Article XIV after Article XIII. Change 
the present title of Article XIV to '"'■ Article XV." 

Liquidated da^nages. — Any member of the Industry may enter into 
an agreement with any other member or members of the Industry 
providing for the payment of liquidated damages by any party 
thereto upon violation by him of any provision of the Code, provided, 
however, that such agreement shall become effective and bindino- on 
the parties thereto only after the execution thereof shall have re- 
ceived the consent of the National Recovery Administration. 

Approved Code No. 90 — Amendment No. 3. 
Registry No. 307-1-01. 



Approved Code No. 214 — Amendment No. 3 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

SLIT FABRIC MANUFACTURING INDUSTRY 

As Approved on April 13, 1935 

ORDER 

AppRo^^^^G Amendment of Code or Fair Competition for the Slit 
Fabric Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act approved June 16, 1933, for approval of amendments 
to a Code of Fair Competition for the Slit Fabric Manufacturing 
Industry and the annexed report on said amendments containing 
findings with respect thereto having been made and directed to the 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including Ex- 
ecutive Order No. 6859, dated September 27, 1934, and otherwise; 
does hereby incorporate, by reference, said annexed report and does 
find that said amendments and the 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, such approval and such amendments 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, Administrative Officer, 

Approval recommended : 
M. D. Vincent, 

Acting Division Administrator. 

Washington, D. C. 

AfHt IS, 1936. 

(431) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sik: The Code Authority for the Slit Fabric Manufacturing In- 
dustry has proposed amendments to the Code of Fair Competition 
for the Slit Fabric Manufacturing Industry. 

The amendments to the Code contain provisions for: Tlie main- 
taining of accurate and complete records of transactions in the Indus- 
try in order that these records may be used in facilitating com- 
pliance: and the standardization of the cash discounts allowed in 
the Industr}'. 

The Deput}^ Administrator in his final report to the National 
Industrial Recovery Board on said amendments to said Code having 
found as herein set forth and on the basis of all the proceedings 
in this matter : 

The National Industrial Recovery Board finds that : 

(a) The amendments to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, b}^ promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue restric- 
tion of production (except as may be temporarily required), by in- 
creasing the consumption of industrial and agricultural products 
through increasing purchasing power, by reducing and relieving 
unemploj'ment. b}^ improving standards of labor, and by otherwise 
rehabilitating industry. 

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

(c) The amendments and the code as amended are not designed 
to and Avili not permit monopolies or monopolistic practices. 

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

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

For the reasons contained herein said amendments are approved. 
For the National Industrial Recovery Board : 

W. A. Harri3ian, 
Ad^ninistrative Officer. 
April 13, 1935. 

(432) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
SLIT FABRIC MANUFACTURING INDUSTRY 

Article VI of the Code of Fair Competition for the Slit Fabric 
Manufacturiiio- Industry is amended by the addition of Section 2 (i) : 

Article VI, Section 2 (i). Each member of the industry shall 
keep accurate and complete records of its transactions in the industry 
whenever such records may be required under any of the provisions 
of this Code, and shall furnish accurate reports based upon such 
records concerning any of such activities when required by the Code 
Authority or the National Industrial Recovery Board. If the Code 
Authority or the National Industrial Recovery Board shall determine 
that substantial doubt exists as to the accuracy of any such report, 
so much of the pertinent books, records and papers of such member 
as may be required for the verification of such report may be exam- 
ined by an impartial agency, agreed upon between the Code Authority 
and such member, or, in the absence of agreement, appointed by the 
National Industrial Recovery Board. In no case shall the facts dis- 
closed by such examination be made available in identifiable form 
to any competitor, whether on the Code Authority or otherwise, or 
be given any other publication, except such as maj^ be required for 
the proper administration or enforcement of the provisions of this 
Code. 

Article VII of the Code of Fair Competition for the Slit Fabric 
Manufacturing Industry is amended by the addition of Section 11 : 

Article VII, Section 11. No member of the Industry shall give 
cash discounts in excess of 2-10 E. O. M. All merchandise shipped 
from the first (1st) of the month to the twenty-fourth (24th) of the 
month inclusive shall be due and payable on the tenth (10th) of the 
following month. Bills for merchandise shipped on or after the 
twenty-fifth (25tli) of the month may de dated as of the first (Ist) 
of the following month. There shall be no additional dating. 

Approved Code No. 214 — Amendment No. 3. 
Registry No. 299-04. 

(433) 



Approved Code No. 84Y — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEEL PACKAGE MANUFACTURING INDUSTRY 

As Approved on April 13, 1935 



ORDER 



Approving Amendment of Supplementary Code of Fair Com- 
petition FOR THE Steel Package Manufacturing Industry 

A division of the fabricated metal products manufacturing and 
metal finishing and metal coating industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment to the Supplementary Code of Fair Competition for the Steel 
Package Manufacturing Industry and a Notice of Opportunity to be 
Heard having been duly given thereon, and the annexed report on 
said amendment containing findings with respect thereto, having 
been made and directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise, 
does hereby incorporate by reference said annexed report and does 
find that said amendment and the Supplementary Code as consti- 
tuted after being amended comply in all respects with the pertinent 
provisions and will promote the policy and purposes of said Title 
of said Act, and does hereby order that said amendment be, and it 
is hereby approved, and that the previous approval of said Supple- 
mentary Code is hereby amended to include an approval of said 
Supplementary Code in its entirety as amended; provided, however, 
that the provisions of Article V, Paragraph A, insofar as they pro- 
vide that any existing price list shall remain in effect for a period 
of ten (10) days following the filing of a revised price list, be and 
they are hereby stayed pending further order of the National Indus- 
trial Recovery Board. 

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

Approval recommended : 
John W. Upp, 

Acting Division Administrator. 

Washington, D. C, 

April 13, 1935. 

(435) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
SiK : This is a report on the Amendment to the Supplementary 
Code of Fair Competition for the Steel Package Manufacturing In- 
dustry, a division of the Fabricated INIetal Products Manufacturing 
and Metal Finishing and Metal Coating Industr}^, to incorporate 
provisions whereb}^ members of the Steel Package Manufacturing 
Industry are prohibited from quoting jirices or offering to sell on 
terms which are inconsistent with their open filed prices. The 
Amendment has been submitted in accordance with the provisions 
of Section 2 of Article VI of the Supplementary Code and Notice of 
Opportunity to be Heard was published on March 16, 1935, for a 
period of twenty (20) days. 

FINDINGS 

(a) The Amendment is well designed to promote the policies and 
purpo&es 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 
provide for the general welfare by promoting the organization of 
industry for the purpose of cooperative action among trade groups, 
by indurimj,' and maintaining imited action of labor and manage- 
ment uiidvM adequate governmental sanction and supervision, by 
eliminatms^ imfair competitive practices, by promoting the fullest 
possible nvihzation of the present productive capacity of industries, 
b}'^ avoir (injj; \ indue restriction of production (except as may be tem- 
porarily re([uired), by increasing the consumption of industrial and 
agricultaral ])roducts through increasing purchasing power, by re- 
ducing and relieving unemployment by improving standards of 
labor, unci 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, in- 
cluding without limitation. Subsection (a) of Section 3, Subsection 
(a) oi Section 7, and Subsection (b) of Section 10 thereof. 

(c). The Supplementary Code empowers the Agent of the Supple- 
mentary Code Authority to present the aforesaid Amendment on 
behalf of the Industry as a whole. 

(d) The Amendment as proposed will tend to eliminate certain 
practices which are unjustifiable and not in accordance with the pur- 
poses of the National Industrial Recovery Act; specificall}', to pro- 
hibit the quotation or the discussion of terms by a member of the 
Industry with a customer which are inconsistent witli the prices 
filed by him pursuant to the provisions of Article A'^, Rule A, of the 
Supplementary Code. 

(4,36) 



437 

(e) The Amendment is not designed to change the fundamental 
economic condition of the Industry or obstruct any sound economic 
practices in the Industr}^, but is intended to further the economic 
progress of anj^ member of the Industr}' and others directly or in- 
directly concerned. 

(f) The Amendment and the Supplementary Code as amended 
are not designed to permit monopolies or monopolistic practices. 

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

For these reasons, therefore, this Amendment has been approved. 

For the National Industrial Kecovery Board: 

W. A. Harriman, 
Administrative Officer. 

April 13. 1935. 



135637— "E 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE STEEL PACKAGE MANU- 
FACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 
METAL FINISHING AND METAL COATING INDUSTRY 

Amend : Rule A — ^Article V. 

Include the following as a new paragraph under Rule A, Article 
V, following the fourth paragraph of Rule A which deals with the 
subject of filing price lists : 

No member of the Industry shall sell or exchange, or offer to sell 
or exchange, any products of the Industry for which prices and 
other conditions of sale have been filed by him pursuant to the pro- 
visions of this Article, except in accordance with such prices and 
other conditions of sale. 

Approved Code No. 84Y — Amendment No. 1. 
Registry No. 1136-08. 

(438) 



Approved Code No. 286 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BEAUTY AND BARBER SHOP MECHANICAL 
EQUIPMENT MANUFACTURING INDUSTRY 

As Approved on April 15, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Beauty and Barber Shop Mechanical Equipment Manufactur- 
ing 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 Beauty and 
Barber Shop Mechanical Equipment Manufacturing Industry, and 
hearings having been duly held thereon and the annexed report on 
said amendment, containing findings with respect thereto, having 
been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to au- 
thority vested in it by the Executive Orders of the President, in- 
cluding Executive Order No. 6859, dated September 27, 1934, and 
otherwise, do hereby incorporate by reference said annexed report 
and do find that said amendment and the Code as constituted after 
being amended comply in all respects with the pertinent provisions 
and will promote the policy and purposes of said title of said act; 
and do 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. 
National Industrial Recovery Board, 
By W. A. Harriman, Administrative Officer. 

Approval recommended: 
John W. Upp, 

Acting Division Administrator. 

Washington, D. C, 

April 15, 1935. 

(439) 



EEPOKT 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 
Beauty and Barber Shop Mechanical Equipment Manufacturing In- 
dustry, submitted by said Industry through its Code Authority. 

On December 4, 1934, a public hearing was held in Washington,. 
D. C. Every person that requested an appearance was properly 
heard in accordance with the statutory and regulatory requirements. 
The amendment was revised during the recess and submitted in its 
present form for approval. 

The proposed amendment clarifies the definition of the industry 
and adds certain standard definitions; it modifies certain labor pro- 
visions; it includes several standard administration provisions; it 
provides for more efficient administration organization; and it adds 
certain trade practice provisions and clarifies other trade practice 
provisions. 

The Deputy Administrator in his final report on said amendment 
to said Code having found as herein set forth and also in his memo- 
randum which is incorporated herein by reference, 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 among trade groups, by inducing and maintaining 
united action of labor and management under adequate governmental 
sanction and supervision, by eliminating unfair competitive prac- 
tices, by promoting the fullest 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 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. 

(440) 



441 

(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. -, , i j 

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

W. A. Harriman, 
Administrative Officer. 

April 15, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE BEAUTY AND BARBER SHOP MECHANICAL 
EQUIPMENT MANUFACTURING INDUSTRY 

Amend the title of the Code to read as follows : 

'' Code of Fair Competition for the Beauty and Barber Equip- 
ment Manufacturing Industry." 

Amend Article I to read as follows : 

" To effectuate the policy of Title I of the National Industrial 
Recovery Act the followino; provisions are established as a Code of 
Fair Competition for the Beauty and Barber Equipment Manufac- 
turing Industry and shall be the standards of fair competition for 
such Industry and shall be binding upon every member thereof." 

Amend the first paragraph of Article II, to read as follows : 

" As used herein, the term, ' Industry ' shall mean the Industry 
engaged in the United States, its territories and possessions, in the 
business of manufacturing for sale and selling by the Manufacturer 
of permanent waving machines, equipment, accessories also pads, 
sachets and chemical solution used in the process of permanent wav- 
ing, hair dryers, scalp steamers, massage machines, electrical eye- 
brow tweezers, and articles of mechanical equipment and accessories 
used therewith (excluding chairs and furniture) used exclusively 
in beauty shops and barber shops, and such other related products 
as may from time to time be included under the provisions of this 
Code, and the primary sale thereof under a trade mark, trade name, 
or brand, or in having such products manufactured for him under 
his own brand or specifications. 

Amend Article II by adding the following paragraphs : 

*' The term ' office boy ' as used herein includes boj^s over sixteen 
(16) and under eighteen (18) years of age employed as errand boys 
iind in miscellaneous routine office work, exclusive of stenographic, 
accounting and clerical work. 

" The term ' office girl ' as used herein includes girls over sixteen 
(16) and under eighteen (18) years of age engaged in doing the 
same class of work as is done by office boys. 

" The term ' outside salesmen ' as used herein includes emploj'ees 
who are engaged wholl}' in sales work outside the manufacturing 
establishment. 

" The term ' outside service employees ' as used herein includes 
employees engaged wholly in service work outside the manufacturing 
establishment. 

" The term ' watchmen " as used herein includes persons engaged 
enclusively in watch service and is not to include anj^ person, any 
part of Avhose time is devoted to any manufacturing or continuous 
process operation." 

Amend Article V, Section G, to read as follows: 

" Employers shall not re-classify employees or duties of occupa- 
tions performed by employees, or engage in any other subterfuge 
so as to defeat the purposes of the Act or the provisions of this Code." 

(442) 



443 

Amend Article V by deleting Section 7, and substitute the 
following : 

" Each employer shall post and keep posted in ten point type or 
larger the full Labor Provisions of this Code, and the name and 
address of the nearest official place where Code violations may be 
reported in English and in such other languages as the employees 
may need to understand them, in conspicuous places readily acces- 
sible to each employee in the normal course of his customary occupa- 
tions. Every employer shall comph* with all rules and regulations 
relative to the posting of provisions of the Code of Fair Competi- 
tion which may from time to time be })rescribed b}' the National 
Industrial Recover}- Board." 

Amend Article V, Section 8 to read as follows : 

"(a) 1. A person may be permitted to engage in homework at 
the same rate of wages as is paid for the same type of work per- 
formed in the factory or other regular place of business if a certifi- 
cate is obtained from the State authority or other officer designated 
by the United States Department of Labor, such certificate to be 
granted in accordance with instructions issued by the LTnited States 
Department of Labor, provided 

(a) Such person is physically incapacitated for work in a fac- 
tory or other regular place of business and is free from any con- 
tagious disease; or 

(b) Such person is unable to leave home because his or her serv- 
ices are absolutely essential for attendance on a person who is bed- 
ridden or an invalid and both such persons are free from any con- 
tagious disease. 

2. Any employer engaging such a person shall keep such cer- 
tificate on file and shall file with the Code Authority for the trade 
or industry or subdivision thereof concerned the name and address 
of each worker so certificated. 

'*(b) No manufacturing operations shall be conducted or permitted 
in any unsanitary or unsafe tenements, private houses, basements, 
or in any unsanitary or unsafe buildings, nor shall any labor be 
employed in any manufacturing or assembling operation or in 
repair work under conditions, or in buildings, that are unsanitary 
or unsafe. A manual for Standards in Sanitation and Safety shall 
be submitted by the Code Authority to the National Industrial Re- 
covery Board and shall be recommended by the American Standards 
Association of the United States or Public Health Service and shall 
become the minimum standards of this Code." 

Amend Article VI. Section 3 (a) to read as follows: 

" Each member of the Industry shall sell only upon the basis of 
open prices." 

Amend Article VI by deleting Sections 3 (b) and 3 (c) and sub- 
stituting the following as Section 3 (b), 3 (c), 3 (d) and 3 (e) : 

"(b) Each member of the Industr}^ shall file with a confidential 
and disinterested agent of the Code Authority or. if none, then with 
such an agent designated by the National Industrial 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 completeh' and ac- 



444 

curately conform to and represent the individual pricing practices 
of said member. Such lists shall contain the price terms for all 
such standard products of the Industry as are sold or offered for sale 
by said member and for such non-standard products of said member 
as shall be designated by the Code Authority. Said price terms 
shall in the first instance be filed within (10) days after the date 
of approval of this provision. Price terms and revised price terms 
shall become effective immediately upon receipt thereof by said 
agent. Immediately upon receipt thereof, said agent shall by tele- 
graj)h or other equally prompt means notify said member of the 
time of such receipt. Such lists and revisions, together with the 
effective time thereof, shall upon receipt be immediately and simul- 
taneously distributed to all members of the Industry and to all of 
their customers who have applied therefor and have offered to de- 
fray the cost actually incurred by the Code Authority in the prepara- 
tion and distribution thereof and be available for inspection by any 
of their customers at the office of such agent. Said lists or revi- 
sions or any part thereof shall not be made available to any person 
until released to all members of the Industry and their customers, 
as aforesaid; provided, that prices filed in the first instance shall 
not be released until the expiration of the aforesaid ten (10) day 
period after the approval of the amendment. The Code Authority 
shall maintain a permanent file of all price terms filed as herein 
provided, and shall not destro}' any part of such records except 
upon written consent of the National Industrial Eecovery Board. 
Upon request the Code Authority shall furnish to the National 
Industrial Recovery Board or any duly designated agent of the 
National Industrial Recovery Board copies of any lists or revisions 
of price terms. 

"(c) When any member of the Industry has filed any revision, 
such member shall not file a higher price within forty-eight (48) 
Iiours. 

"(d) No member of the Industry shall sell or offer to sell any 
products/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. 

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

Amend Article VI, Section 3, by inserting the following as sub- 
section (f ) : 

" On and after May 1, 1935, no member of the Industry shall sell 
any mechanical equipment, permanent waving supplies or other 
merchandise, the manufacture or sale of which is governed by this 
Code, without having first affixed thereto a label supplied by and 
purchased from the Code Authority. Subject to such rules and regu- 
lations as may heretofore have been or may hereafter be issued under 
Title I of the Act, covering the use of labels under codes of fair 
competition, the Code Authority shall have the power to create such 
•classes and varieties of labels as it shall deem necessary, and to make 



445 

reasonable riilos and regulations governing the affixing of such labels 
to all merchandise sold by members of the Industry. The privilege 
of using such labels may be withdrawn and the issuance and use 
thereof may be suspended in respect to any member of the Industry 
whose operations, after appropriate hearing by the Code Authority 
and review by the National Industrial Recovery Board, shall have 
been found to bo in violation of the requirements of this Code, and 
the Code Authority shall have the power to demand of each member 
of the Industry desiring to obtain and use such labels, such certificates 
or other evidence of compliance as it may deem appropriate, subject 
to approval of the National IiKiustrial Recovern' Board." 

Amend Article VI, Section 3 by deleting subsection (d) and 
substitute in lieu thereof a new subsection (g) to read as follows : 

" No member of the Industry 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 
otherwise for the purpose of influencing a sale, nor shall a member 
secretly or otherwise extend to any customer any special service or 
privilege not extended to all customers of the same class." 

Amend Article VI, Section 6 (a) to read as follows: 

'• No member of the Industry shall accept from any customer the 
return of shoj)worn, damaged or obsolete merchandise unless said 
customer shall have obtained the written authorization of the mem- 
ber of the Industry to make such return. The member of the Indus- 
try shall charge the customer the actual cost of handling all goods 
returned and, in addition, the necessary cost of reconditioning, re- 
pairing or modernizing the goods to put them in a saleable condition. 
The provisions of this Section shall not apply to any article which 
is defective material or workmanship, and which upon examination 
is found to be defective. 

Amend Article VI, by deleting Section 7 and substituting there- 
for a new Section 7, as follows : 

'' No member of the Industry shall manufacture or sell any per- 
manent wave sui^plies which do not have plainly printed or em- 
bossed upon all pads, sachets, bottles, labels, boxes and containers 
the name and address of the member of the Industry by whom and 
for whom such permanent wave supplies are manufactured, pro- 
vided, however, that any member of the Industry who is engaged in 
or desires to engage in the making of permanent waving supplies 
for others may, upon application to the Code Authority, obtain one 
or more registered numbers, which numbers shall be assigned for 
the sole and exclusive use of such Member of the Industry, and 
thereupon may manufacture permanent waving supplies bearing th& 
name and address of any other manufacturer, dealer or shop together 
with any registered number which has been so assigned to such 
Member of the Industry by the Code Authority, such number, 
together with a design or insignia approved by the Code Authority 
to be in lieu of the name and address of the Member of the Industry 
actually manufacturing such permanent waving supplies." 

Amend Article VI, by adding the folowing new Section 10 : 

" Section 10. No member of the Industry shall designate as an 
" advertising allowance ", a " promotion allowance ", or by a similar 
term, any price reduction, discount, bonus, rebate, concession, or 



446 

other form of allowance, or any consideration for advertising or 
promotion services, offered or given by him to any customer. 

" No member of the Industry shall offer or give any consideration 
merely for " pushing ", " advertising ", or otherwise than for definite 
and specific advertising or promotion services. Such consideration 
shall be given only pursuant to a separate written contract therefor, 
which contract shall specifically and completeh' set forth the adver- 
tising or promotion services (in such manner that their specific 
character may be understood by other members of the Industry and 
their customers) to be performed by the recipient of said considera- 
tion, the precise consideration to be paid or given therefor by said 
member, the method of determining performances, and all other 
terms and conditions relating thereto. 

"(a) Immediately upon the making of any such contract for 
advertising or promotion services by any member of the Trade/In- 
dustry, a true copy thereof shall be filed b}^ said member with a 
confidential and disinterested agent of the Code Authority (as 
provided for in this Code), or, if none, then with such an agent 
to be designated by the National Industrial Recovery Board. Said 
agent shall maintain all copies of such contracts on file until six (6) 
months after the termination thereof, and shall make the same 
available at his office for inspection at all reasonable times by all mem- 
bers of the Trade/Industry, and all of their customers and shall 
distribute a true copy of any such contract to any member of the 
Industr}' or any customer who applies therefor and offers to pay 
the cost actually incurred by the Code Authorit}^ in the actual prep- 
aration and distribution thereof; provided, that no such inspection 
or copy shall be permitted or made available to any person until 
permitted or made available to all members of the Industry and 
their customers, as aforesaid. Upon request, said agent shall furnish 
to the National Industrial Recovery Board, or any duly designated 
agent of said Board, copies of any such contract. 

Amend Article VII, Section 7, by inserting the following as 
Subsection (c) : 

" Each member of the Industry shall keep accurate and complete 
records of its transactions in the Industry whenever such records 
may be required under any of the provisions of this Code, and shall 
furnish accurate reports based upon such records concerning any 
of such activities when required by the Code Authorit}^ or the Na- 
tional Industrial Recovery Board. If the Code Authority or the 
National Industrial Recovery Board shall determine that substantial 
doubt exists as to the accuracy of any report, so much of the pertinent 
books, records and papers of such members as may be required for 
the verification of such report may be examined by an impartial 
agency, agreed upon between the Code Authority, and such member, 
or in the absence of agreement, appointed by the National Industrial 
Recovery Board. In no case shall the facts disclosed by such examina- 
tion be made available in identifiable form to any competitor, whether 
on the Code Authority or otherAA'ise, or be given any other publication, 
except such as may be required for the proper administration or en- 
forcement of the provisions of this Code. 

Approved Code No. 286 — Amendment No. 2. 
Registry No. 160&-05. 



Approved Code No. 244M — Amendment No. 1 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

KALAMEIN INDUSTRY 

As Approved on April 16, 1935 



ORDER 



Appro\t:xg Amendment of Code of Fair Competition for the 

Kalameix 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 the Code of Fair Competition for the Kalamein Industry, 
a division of the Construction Industry, and opportunity to be heard 
having been given thereon and the annexed report on said amend- 
ment containing findings Avith respect thereto, having been made 
and directed to the President; 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to 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 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 Oificer. 

Approval recommended : 
Robt. N. Campbell, 

Acting Division Administrator. 

Washington, D. C, 

April 16\ 1035. 

(447) 



REPORT TO THE PRESIDENT 

The President, 

The 'White House. 

Sir : This a report on an Amendment to the Supplementary Code 
of Fair Competition for the Kalamein Division of the Construction 
Industry which was approved on June 9, 1934. 

This amendment makes it mandatory that each member of the 
Industry must pay his or its equitable contribution to the expenses 
of the maintenance of the Divisional Code Authority, and that only 
members of this Industry complying with the Code and contributing 
to the expenses of its administration shall be entitled to participation 
in the selection of members of the Code Authority. 

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 obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general 
welfare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and by otherwise rehabilitat- 
ing industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion 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. 

(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. 

(448) 



449 

(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 Kalamein Industry's 
Chapter of the Code of Fair Competition of the Construction 
Industry. 

For the National Industrial Recovery Board : 

W. A. Harriman, 

Administrative Ojjicer. 
April 16, 1935 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE KALAMEIN INDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

Amend Article III, Section 4, by deleting the present Section and^ 
in lieu thereof, insert the following : 

Section 4. It being found necessary, in order to support the ad- 
ministration of this Chapter 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 pui'poses 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 Chapter ; 

(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 fimds necessary to support such budget shall be contributed 
by members of this Division; 

(c) after such budget 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 
members of this Division, and to that end, if necessary, to institute 
legal proceedings therefor in its own name. 

(d) Each member of the Division shall pay his or its equitable 
contribution to the expenses of the maintenance of the Divisional 
Code Authority, determined as hereinabove provided and subject to 
the rules and regulations pertaining thereto issued by the National 
Industrial Recovery Board. Only members of the Industry' com- 
plying with the Code and contributing to the expenses of its admin- 
istration as hereinabove provided, (unless duly exempted from mak- 
ing such contributions) , shall be entitled to participate in the selec- 
tion of members of the Divisional Code Authority or to receive the 
benefits of any of its voluntary activities or make use of any emblem 
or insignia of the National Recovery Administration. 

(e) The Divisional Code Authority shall neither incur nor pay 
any obligation substantially in excess of the amount thereof as 
estimated in its approved budget, and shall in no event exceed the 
total amount contained in the approved budget, except upon ap- 
proval of the National Industrial Recovery Board; and no subse- 
quent budget shall contain any deficiency items for expenditures in 
excess of prior budget estimates except those which the National 
Industrial Recovery Board shall have so approved. 

Approved Code No. 244M — ^Amendment No. 1. 
Registry No. 1123-1-02. 

(450) 



Approved Code No. 467 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CIGAR MANUFACTURING INDUSTRY 

As Approved on April 17, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the Cigae 
Manufacturing Industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of amendments 
to the Code of Fair Competition for the Cigar Manufacturing Indus- 
tr}", and opportunity^ to be heard therein having been afforded all 
members of said industry and any objections filed having been duly 
considered, and the annexed report on said amendments, containing 
findings with respect thereto, having been made and directed to the 
President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order Number 6859, dated September 27. 1934, and other- 
wise, does hereby incorporate, by reference, said annexed report and 
does find that said amendments and the Code as constituted after 
being amended comjDly 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 ap- 
proved, and that the previous approval of said code is hereby modi- 
fied to include an approval of said code in its entirety as amended. 

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

Approval recommended : 
Armin W. Riley, 

Division Administrator. 

Washington, D. C, 

April 17, 1935. 

(451) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: The Code Authority for the Cigar Manufacturing Industry 
Jias requested that the Code of Fair Competition for said industry be 
amended by striking out Section 4 of Article III and substituting in 
its place a new Section 4 which will designate the legal holidays on 
which it will be necessary for cigar manufacturers to pay time and 
one-third. The present Section 4 states that time and one-third will 
be paid on all legal holidays and great confusion has resulted due 
to the fact that many holidays are legal in some states and not in 
others. 

The new Section 4 also differs from the old Section 4 in that 
wrapper casers are permitted to work on Sundays and the designated 
legal holidays without being paid time and one-third. The inclusion 
of this class of employee has been made necessary due to the fact 
that in many climates, it is impossible to keep the cigar wrapper in 
good condition from Friday afternoon until the following Monday. 

The Code Authority has also recommended the amendment of 
■Section 9 of Article IV for the purpose of clarifying the intent of 
this provision of the Code. As now written, Section 9 would appear 
to permit the classification of 25% of the workers producing stogies 
as slow workers regardless as to whether such stogies were produced 
by machine or hand. The provision as amended will show definitely 
that only in the case of hand production may 25% of the workers 
be classified as slow workers and such production may be on cigars, 
stogies, cheroots or little cigars. 

It is expected that these amendments will aid greatly in the clari- 
fication of the Code and will eliminate confusion which has hereto- 
fore arisen. The Deputy Administrator in his final report to the 
National Industrial Recovery Board on said amendments of 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 of said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action among trade groups, by inducing 
and maintaining united action of labor and management under ade- 
quate governmental sanction and supervision, by eliminating unfair 
competitive practices, by promoting the fullest possible utilization 
of the present productive capacity of industries, by avoiding undue 
restriction of production (except as may be temporaril}- required), 

(452) 



43:3 

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 of the Cigar Manu- 
facturing Industry to })resent the aforesaid amendments on behalf 
of the Industry as a Avhole. 

(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 the amendments have been approved. 
For The Xational Industrial Recovery Board: 

W. A. Harriman, 
Administrative Officer. 
,4pril 17, 1935. 



135637- 



AMENDMENT TO CODE OF FAIR COMPETIHON FOR 
THE CIGAR MANUFACTURING INDUSTRY 

1. Amend Section 4 of Article III by deleting the same and sub- 
stituting in its place the following : 

Section -i. All time worked on Sunday, New Year's Day, Wash- 
ington's Birthday, Memorial Day, (Confederates' Day), Independ- 
ence Day, Labor Day, General Election Day, Thanksgiving Day, 
Christmas Day. and all days which may be declared to be national 
holidays b}^ proclamation of the President of the United States, 
except by watchmen, engineers, firemen, and wrapper casers, shall 
be compensated at time and one-third the normal rate. 

2. Amend Section 9 of Article IV of the Code by deleting same, 
and substituting in its place the following: 

Section 9. Hand cigar makers who are classed as slow workers, 
up to twenty-five percent (25%) of the total number of such work- 
ers, and machine cigar operators, up to ten percent (10%) of the 
total number of such workers, need not receive the minimum hourly 
rate herein specified, provided they shall be paid the same piece 
rate as paid other employees of the same class. 

Approved Code No. 467 — Amendment No. 2. 
Registry No. 1615-13. 

(454) 



Approved Code No. 61 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

INDUSTRIAL SUPPLIES AND MACHINERY 
DISTRIBUTORS' TRADE 

As Approved on April 17, 1935 



ORDER 



Approvikg Amendment of Code of Fair Competition for tele 
Industrial Supplies and Machinery Distributors' Trade 

An application havina" been 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 Industrial Supplies and 
Machinery Distributors' Trade, and Notice of Opportunity to be 
Heard havinii; been oivcn, and the annexed report on said amend- 
ment containino- findings with respect thereto, having been made and 
directed to the President : 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order 6859, 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 policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby amended 
to include an approval of said Code in its entirety as amended, such 
approval and such amendment to take effect fifteen (15) days from 
the date hereof, unless good cause to the contrary is shown to the 
National Industrial Recovery Board before that time and a subse- 
quent order to that effect is issued. 

National Industrial Recovery Board, 
By W. A. Harriman, Adininistratifoe Office)'^ 

Approval recommended : 
Harry C. Carr, 

D hnsio n A d minis trator. 

Washington. D. C, 

April 17, 1935. 

(45t) 



KEPOKT TO THE PRESIDENT 

The President, 

The White House. 

Sir : This is a reiDort on an amendment to the Code of Fair Com- 
petition for the Industrial Supplies and Machinery Distributors' 
Trade. This amendment was proposed in accordance with Article 
VIII, Section 8 of the Code, approved October 28.. 1933, and Notice 
of Opportunity to be Heard Avas given March 11, to April 1, 1935. 

This amendment to the Child Labor Provisions of the Industrial 
Supplies and Machinery Distributors' Trade Code is the standard 
clause on hazardous occupations and is in accordance with the ac- 
cepted polic}' of the National Recovery Administration. It provides 
that the Code Authority shall submit to the National Industrial Re- 
covery Board a list of such operations or occupations within thirty 
days after the approval of this amendment. 

FINDINGS 

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

It finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the 
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 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 purchasing power, by reducing and reliev- 
ing unemployment, by improving standards of laI)or, and by other- 
wise rehabilitating industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provision of said title of said act, including without limitation 
subsection (a) of section 3, subsection (a) of section 7 and subsec- 
tion (b) of section 10 thereof. 

(c) The amendment and the Code as amended are not designed to 
and Avill 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 Avili not 
ojDerate to discriminate against them. 

(456) 



457 

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

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A, Harriman, 
Administrative Officer. 
April 17, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE INDUSTRIAL SUPPLIES AND MACHINERY DIS- 
TRIBUTORS' TRADE 

Amend Article III, Section 5, by adding the following words : 
The Code Authority shall submit to the National Industrial Re- 
covery Board for approval within thirty (30) days after the ap- 
proval of this amendment, a list of such hazardous 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 per- 
mit duly signed by the Authority in such State empowered to issue 
employment or age certificates or permits showing that the employee 
is of the required age. 

Approved Code No. 61 — Amendment No. 2. 
Registry No. 1399-1-16. 

(458) 



Approved Code No. 139 — Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

MACHINE TOOL AND EQUIPMENT DISTRIBUTING 

TRADE 

As Approved on April 17, 1935 



ORDER 



Approving Amendment of Code of Fair Competition for the 
Machine Tool 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 an amend- 
ment to a Code of Fair Competition for the Machine Tool and 
Equipment Distributing Trade, and Notice of Opportunity 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 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 the 
previous approval of said Code is hereby amended to include an 
approval of said Code in its entirety as amended, such approval 
and such amendment to take effect fifteen (15) days from the date 
hereof, unless good cause to the contrary is shown to the National 
Industrial Recovery Board before that time and a subsequent order 
to that effect is issued. 

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

Approval recommended : 
Harry C. Carr, 

Acting Division Administrator. 

Washington, D. C, 

April 17, 1935 

(459) 



KEPORT TO THE PRESIDENT 

The President, 

Tlie White House. 

Sir : This is a report on an amendment to the Code of Fair Com- 
petition for the Machine Tool and Equipment Distributing Trade. 
This amendment was proposed in accordance with Article VIII, 
Section 6 of the Code, approved November 27, 1933, and Notice of 
Opportunity to be Heard was given March 15, to April 4, 1935. 

This amendment to the Child Labor Provisions of the Machine 
Tool and Equipment Distributing Trade Code is the standard clause 
on hazardous occupations and is in accordance with the accepted 
policy of the National Recovery Administration. It provides that 
the Code Authority shall submit to the National Industrial Recovery 
Board a list of such operations or occupations within thirty days 
after the approval of this amendment, 

FINDINGS 

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

It finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of ob- 
structions to the free flow of interstate and foreign commerce which 
tend to diminish the amount thereof, and will provide for the gen- 
eral welfare by promoting the organization of industry for the 
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 purchasing power, by reducing and relieving unemploy- 
ment, by improving standards of labor, and bj^ 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 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. 

(460) 



4G1 

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

For these reasons, this amendment has been approved. 

For the National Industrial Recovery Board: 

W. A, Harriman, 

Administrative Officer. 
April 17, 1935. 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE MACHINE TOOL AND EQUIPMENT DISTRIBUTING 
TRADE 

Amend Article III, Section 4 by adding the following words : 
The Supervisory Agency shall submit to the National Industrial 
Recovery Board for approval within thirty (30) daj^s after the 
approval of this amendment, a list of such hazardous operations or 
occupations. In any state, an employer shall be deemed to have 
complied with this provision as to age if he shall have on file a 
certificate or permit duly signed by the Authority in such state em- 
powered to issue employment or age certificates or permit showing; 
that the employee is of the required age. 

Approved Code No. 139 — ^Amendment No. 2. 
Registry No. 114^12. 

(462) 



Approved Code No. 244D — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CEMENT GUN CONTRACTORS' INDUSTRY 

As Approved on April 18, 1935 



ORDER 



Approving Amendment or Supplementary Code of Fair Compe- 
tition FOR the Cement Gun Contractors' Industry 

A DIVISION of the CONSTRUCTION INDUSTRY 

An application having been duly made pursuant to and in full 
conipliance witli 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 Cement 
Gun Contractors' Division of the Construction Industry, and due 
FiOtice and oppc-rtunity 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: 

XOW. 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 
resj^ects 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-fficei'. 

Apj)roval recommended : 
RoBT. N. Campbell. 

Acting Divi>>ion Administrator. 

Washington, D. C, 

April 18, 1935. 

(463) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sib : This is a report on an amendment to the Supplementary Code 
of Fair Competition for the Cement Gun Contractors' Division of 
the Construction Industry, which was approved by you on March 21, 
1934. 

This amendment will change the present name of this Code, 
" Cement Gun Contractors' Industry ", to "Air Applied Concrete 
Contracting Industry ". The Code Authority was requested to sub- 
mit a new name for this Code because it has been found that the 
name " Cement Gun " is a patented name and can not be used by all 
members of the Industry. 

FINDINGS 

The Deputy Administrator in his final report on said amendment 
to said Code having found as herein set forth and on the basis of all 
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 
welfare by promoting the organization of industry for the purpose 
of cooperative action of labor and management under adequate 
governmental sanction and supervision, by eliminating unfair com- 
petitive practices, by promoting the fullest possible utilization of the 
present productive capacity of industries, by avoiding undue re- 
striction of production (except as may be temporarily required), by 
increasing 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 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 jjermit 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. 

(464) 



465 

(f) Those engafred 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 Cement Gun Contrac- 
tors' Chapter of the Code of Fair Competition of the Construction 
Industry. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojfficer. 

April 18. 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE CEMENT GUN CONTRACTORS' 
INDUSTRY 

A DI\^SION OF THE CONSTRUCTION INDUSTRY 

1. Amend the title of the Code by deleting from the present title 
the words " Cement Gun Contractors' Industry " and substituting 
in lieu thereof the words "'Air Applied Concrete Contracting 
Industry ". 

2. Amend Article II, Section 1, line 1 by deleting the words 
" Cement Gun Contracting Division " and substituting in lieu thereof 
the words "Air Applied Concrete Contracting Division ". 

3. Amend Article VT, Section 7 by deleting the words " Cement 
Gun Contractors " and substituting in lieu thereof the words " mem- 
bers of the division ". 

4. Amend Article VII, Section 1, line 1 by deleting the words 
"A Cement Gun Contractor '• and substituting in lieu thereof the 
words " Members of the division ". 

Approved Code No. 244 D — Amendment No. li. 
Registry No. 1616-2-22. 

(466) 



Approved Code No. 16 — Amendment No. 7 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

HOSIERY INDUSTRY 

As Approved on April 19, 1935 



ORDER 



Approvixo A^iexdment of Code of Fair Competition for the 
Hosiery Industry 

An application iiavin^ been duly made pursuant to end in full 
ifompliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of an amend- 
ment of a Code of Fair Competition for the Hosiery Industry, and 
hearings having been duly held thereon and the annexed report on 
said amendment, containing finding 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 ])r(;mote the policy and purposes of said Title of said Act and 
does hei eby 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- 
vide 1. however, that the method by which the members of the several 
Advisory Committees provided for in Article IX, Section 2 of said 
■Code are selected shall be subject to the approval of the National 
Industrial Recovery Board, 

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

Approval recommended : 
M. D. Vincent, 

Acting Division Administrator. 

Washington, D. C, 

April 19, 1935. 

f4f;7) 



EEPORT TO THE PRESIDENT 

The President. 

The 'WMtr House. 

Sir: This is a report on an amendment of the provisions of the 
Code of Fair Competition for the Hosiery Industry wliich relate to 
the method used by the Industry in appi-oving recommendations made 
by the Code Autliority for improvin<r the Code or improving the 
results secured thereunder. This amendment was revised after a 
Public Hearing- held in Washington. July 9. 1934. and subsequently 
submitted to the National Industrial Recovery Board after a proper 
canvass of the opinion of the Industry, in accordance with the pro- 
visions of the Code. 

FIXDINGS 

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 anrl 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 ]:)rovide for tlie general 
welfare by promoting tlie 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 capacitv of industries, by avoiding undue restriction of 
i:)r()duction (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through 
increasing purchasing ]5ower, by reducing and relieving unemploy- 
ment, by im|)roving 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 
Subsect^m (a) of Section 3. Subsection (a) of Section 7. and Sub- 
section (b) of Section 10 thereof. 

(c) The Code empowers tlie Code Authority to jjresent the afore- 
said amendment on behalf of the Industry as a whole. 

(d) The amendment and the Code as amended are not designed to 
and will not jiermit monopolies or mono]:>olistic practice. 

(e) The amendment and the Code as am?nde(l are not designed to 
and will not elimimite or opjjress small enterprises and will not oper- 
ate to discriminate against them. 

(468) 



469 

(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 
amenchnent. 

For these reasons, this amendment has been approved. 
For tlie Xational Industrial Recovery Board : 

W. A. Harriman, 
Administrative Ojficer, 
April 19. 1935. 



1:55637—35 -26 



AMENDMENT TO CODE OF FAIR COMPETITION FOR THE 
HOSIERY INDUSTRY 

Article IX, Section 3, Sub-section (e) is hereby amended by 
<leleting the same and substitutin<jj in lieu thereof the following, so 
that, as thus amended, said Article IX, Section 3, Sub-section (e) 
shall read as follows : 

(e) Submit to the National Industrial Recovery Board from time 
to time such recommendations as, in its judgment, will have the 
effect of improving the Code, or of improving the results secured 
thereunder, any of which recommendations, when approved by the 
National Industrial Recovery Board, shall have force and effect as 
provisions of this Code. The Code Authority, before submitting 
such a i-ecommendation, shall consult the opinions of the branch 
Advisory Committees. Such opinions shall accompany a recom- 
mendation wdien submitted to the National Industrial Recovery 
Board for approval. In case a substantial division of opinion exists 
within a branch Advisory Committee, such Committee shall canvass 
the members of said liranch and shall attach to its report the record 
of the poll both by units and by productive capacity. Such recom- 
mendations shall, among others, be of the following character: 

Approved Ci)de No. 16 — Amendment No. 7. 
Registry No. 241-02. 

(47Q) 



Approved Code No. 201B — Amendment No. 3 

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION 

FOR THE 

WHOLESALE WALLPAPER TRADE 

As Approved on April 19, 1935 



ORDER 



Approving Amendment of Supplementary Code or Fair Competi- 
tion FOR THE Wholesale Wall Paper 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 Indus- 
trial Recovery Act, approved June 16, 1933, for approval of an 
amendment to a Supplementarv Code of Fair Competition for the 
Wholesale Wall Paper Trade to the Code of Fair Competition for 
the Wholesaling or Distributing Trade, and Notice of Opportunity 
to be Heard having been duly given thereon, and the annexed report 
on said amendment, containing findings with respect thereto, having 
been made and directed to the President ; 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to authority 
vested in it by Executive Orders of the President, including Execu- 
tive Order 6859, dated September 27, 1934, and otherwise, does hereby 
incorporate by reference said annexed report, and does find that said 
amendment and the Supplementar;^ Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said Title of said Act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Supplementary Code is hereby 
amended to include an approval of said Supplementary Code in its 
entirety as amended, 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, Administrative Oificer. 

Approval recommended : 

Harry C. Carr, 

Acting Division Administrator. 

Washington, D. C, 

Aj>rU 19, 1935. 

(471) 



REPOKT 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 Wholesale Wall Paper Trade, a division 
of the Wholesaling or Distributing Trade, said Supplementary Code 
being Approved Code No. 201 — Supplement No. 2 and approved 
by the Administrator for Industrial Recovery on March 16, 1934, 

This Code has been amended by deleting Article IV, Section 4, 
and substituting therefor a provision which makes it an unfair trade 
practice to mark the value or price of wall paper on sample books 
to either consumers or paper-hangers and decorators by any other 
method than plain dollars and cents figures. 

The Deputy Administrator in his final report to the National In- 
dustrial Recovery Board (hereinafter referred to as " 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 
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 resti'iction 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 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 National Wall Paper Wholesalers Association was and 
is a trade association truly representative of the aforesaid Trade 
and consents to this amendment. 

(d) The amendment and the Supplementary Code as amended are 
not designed to and will not permit monopolies or monopolistic 
practices. 

(e) The amendment at.d the Supplementary Code as amended are 
not designed to and wil! not eliminate or oppress small enterprises 
and will not operate to di-scriminate against them. 

(472) 



473 

(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, 
Adininistrative Officer. 
April 19, 1935. 



AMENDIVIENT TO ST^PPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE ^TIOLESALE WALL PAPER 
TRADE 

A DIVISIOX OF THE WHOLESALING OR DISTRIBUTING TRADE 

The Supplementary Code of Fair Competition for the "Wholesale 
Wall Paper Trade, a division of the Wholesaling or Distributing 
Trade, is hereby amended by deleting Article IV. Section 4 and 
substituting therefor the following : 

4. Sample Booh Marching. — Indicating, marking or printing " fair 
values " or values and/or prices of any kind by sjmTibol, code or any 
method other than plain dollars and cents figures. 

Approved Code No. 201 B — Amendment No. 3. 
Registry No. 410-A-04. 

(474) 



Approved Code No. 223 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CONSTRUCTION MACHINERY DISTRIBUTING 

TRADE 

As Approved on April 20, 1935 



OKDEE 



AprRoviXG Amendment of Code or Fair Competition for the Con-- 
STRUCTION Machinery 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 Construction Machin- 
ery Distributing Trade, 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 Number 6859, dated September 27, 1934, and other- 
wise, does hereb}^ incorporate by reference, said annexed report and 
does find that said amendment and that 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 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 a subsequent order to that effect is issued. 

National Industrial Reco\^ery Board, 
ByW. A. Harriman, A&ministrative Officer. 

Approval recommended : 
Harry C. Carr, 

Acting Division Adnninistrator. 

Washington, D. C, 

Afril 20, 1935. 

(475) 



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 Construction Machinery Distributing Trade. This 
amendment was proposed in accordance with Article X, Section 2 
-of the Code, approved January 23, 1934. 

This amendment to the Child Labor Provisions of the Construc- 
tion Machinery Distributing Trade is the standard clause on haz- 
ardous occupations and is in accordance with the accepted policy of 
the National Recovery Administration. It provides that the Code 
Authority shall submit to the National Industrial Recovery Board a 
list of such operations or occupations within thirty days after the 
approval of this amendment. 

FINDINGS 

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

It finds that : 

(a) The amendment to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general wel- 
fare by promoting the organization of industry for the purpose of 
•cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
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 provision of said title of said act, including without limitation 
subsection (a) of section 3,' subsection (a) of section 7 and subsection 
(b) of section 10 thereof. 

(c) The amendment and the Code as amended are not designed 
to and will not permit monopolies or monopolistic practices. 

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

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

For these reasons, this amendment has been approved. 
For the National Industrial Recovery Board : 

W. A. Harriman, 
Adminhtrative Officer. 



April 20, 1935. 



(476) 



AMENDMENT TO CODE OF FAIR COMPETITION FOR 
THE CONSTRUCTION MACHINERY DISTRIBUTING 
TRADE 

Amend Article V, Section 1, to read as follows: 

"No person under sixteen (16) years of age shall be employed in 
the Trade, nor anyone under eighteen (18) years of age at opera- 
tions or occupations hazardous in nature or detrimental to health. 
The Code Authority shall submit to the National Industrial Recov- 
ery Board for approval within thirty (30) days after the approval 
of this Amendment a list of such hazardous operations or occupa- 
tions. In an}^ 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 issued by the Authority in such State empowered to 
issue employment or age certificates or permits showing that th& 
employe is of the required age." 

Approved Code No. 223 — Amendment No. 2. 
Registry No. 1399^17. 

(477) 



Approved Code No. 2441 — Amendment No. 2 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING CONTRACTING INDUSTRY 

As Approved on April 20, 1935 



OKDER 



Approving Amendment of Supplementary Code of Fair 
Competition for the Plumbing 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 the Supplementary Code of Fair Competition for the Plumb- 
ing Contracting Division of the Construction Industry, 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 author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, dated September 27, 1934, and otherwise ; 
does hereby incorporate by reference said annexed report and does 
find that said amendment and the Code as constituted after being 
amended comply in all respects with the pertinent provisions and 
will promote the policy and purposes of said title of said act, and 
does hereby order that said amendment be and it is hereby approved, 
and that the previous approval of said Code is hereby amended to 
include an approval of said Code in its entirety as amended, such ap- 
proval 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 Na- 
tional Industrial Recovery Board issues a subsequent order to that 
effect ; 

PROVIDED. HOWEVER, that with reference to the provi- 
sions of Section 7 (e) of Article V the approval herein given is on 
condition that the National Industrial Recovery Board may review 
or reconsider the provisions of said Section if it shall be repre- 
sented to the National Industrial Recovery Board that the provi" 

(479) 



480 

sions of this Section impose undue hardship upon the members of 
the Division within any region or locality or otherwise, and the 
National Industrial Recovery Board may thereupon stay, revise, or 
amend said provisions as it may determine is necessary to effectuate 
the policy declared by Title I of the National Industrial Recovery 
Act. 

National Industrial Recovery Board, 
ByW. A. Harriman, Ad7ninistrative O-fflcer. 

Approval recommended : 
RoBT. N. Campbell, 

Acting Division Administrator. 

Washington, D. C, 

April ^0, 1936. 



REPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on amendments to the Supplementary Code 
of Fair Competition for the Plumbing Contracting Division of the 
Construction Industry, which was approved by you on May 15, 1934. 

The purpose of this amendment is to establish rules and regula- 
tions for the establishment and maintenance of bid depositories. 
The bidding provisions of the Construction Codes are considered 
among the most important and vital to the industry, 

nXDINGS 

The Deputy Administrator in his final re})ort on said amendments 
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 amendments to the Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of the 
National Industrial Recovery Act including the removal of obstruc- 
tions to the free flow of interstate and foreign commerce which tend 
to diminish the amount thereof, and will provide for the general wel- 
fare by promoting the organization of industry for the purpose of 
cooperative action of labor and management under adequate govern- 
mental sanction and supervision, by eliminating unfair competitive 
practices, by promoting the fullest possible utilization of the present 
productive capacity of Industries, by avoiding undue restriction of 
production (except as may be temporarily required), by increasing 
the consumption of industrial and agricultural products through in- 
creasing purchasing power, by reducing and relieving unemployment, 
by improving standards of labor, and by otherwise rehabilitating 
industry. 

(b) The Code as amended complies in all respects with the perti- 
nent provisions of said Title of said Act, including without limita- 
tion 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 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. 

(481) 



482 

For these reasons, therefore, the National Industrial Recovery 
Board has approved said amendments to the Plumbing Contracting 
Industry's Chapter of the Code of Fair Competition of the Con- 
struction Industry. 

For the National Industrial Recovery Board : 

W. A. Hakriman, 
Administrative Ojjicer. 
April 20, 1935. 



AMENDMENT TO SUPPLEMENTARY CODE OF FAIR 
COMPETITION FOR THE PLUMBING CONTRACTING 
INDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

Article IV — Section 5 

Amend Article IV by adding the following as a new section: 
Section 5. (a) The Divisional Code Authority may designate 
impartial bid depositories for the purposes of Section T, Article V 
of this Chapter, and may exercise the powers conferred herein and 
in Section 7, Article V, of this Chapter. 

(b) Each bid depository shall function for a definite territory 
prescribed by the Divisional Code Authority. Rules and regula- 
tions governing bid depositories may be adopted by the Divisional 
Code Authority subject to the approval of the National Industrial 
Recovery Board. Thereafter bid depositories shall function sub- 
ject to such rules and regulations. 

(c) The Divisional Code Authority shall maintain on file in its 
principal office the name, address, and jurisdiction of each bid 
depositor}' established as herein provided, and all determinations, 
rules and regulations pertaining thereto established pursuant to 
any provision hereinabove, or pursuant to any provision of Section 
7, Article V. of this Chapter, and shall supj^ly upon request infor- 
mation with respect thereto for any jurisdiction or area. 

1. Any reuional and/or local administrative committee estab- 
lished by the Divisional Code Authority shall maintain on file the 
name, address, and jurisdiction of each bid depository established 
within its respective territory and all determinations, rules and 
regulations established pursuant to any provision hereinabove or 
pursuant to any ]:)rovision of Section 7, Article V, of this Chapter, 
pertaining to such depositoiy, and shall supply upon request infor- 
mation with res])ect thereto for any such bid depository. 

(d) The Divisional Code Authority shall use depository fees, 
imposed as provided in Section 7, Article V of this Chapter, solely 
to pay the expenses of operating bid depositories. 

1. Accounts of the receipts and expenditures of said depositories 
shall be kept and the same shall be open for inspection by the 
National Industrial Recovery Board or a representative thereof. 

Article V — Section 7 

Eliminate present Section 7 of Article V and substitute: 
Section 7. To fail to comply with the following rules: 
(a) Each member of this Division submitting any bid, competi- 
tive or noil -competitive, for an amount in excess of the sum of 

(483) 



484 

Seventy-five ($75) Dollars for work or services to be performed 
within the Division, shall submit such bid only in writing, and each 
such member shall file, as hereinafter provided, a sealed du})licate 
<*opy thereof (and of all revisions) with the Divisional Code Author- 
ity or an impartial depository designated by such Divisional Code 
Authority ; 

(b) Filing shall consist of actual delivery to the Divisional Code 
Authority or the designated depositor}' at least two hours prior to 
submitting the bid, or of mailing such copy of said bid, accompanied 
in either case by the proper fee; ])rovided, if mailed, the envelope 
be properly stamped and addres.-t-d and bear a postmark dated not 
later than two hours prior to the submitting of such bid : 

(c) In case of all combination l^ids (including revisions thereof) 
the bid (or revision) for work not included in this Division shall be 
separate and distinct from any bid for work within this Division; 

(d) For the purpose of this section identical (except for name 
and address of recipient) copies of the same bid given to dilferent 
persons for the same job shall be considered as one bid ; 

(e) Each copy of a bid filed in accordance with rules herein 
established shall be accompanied by a depo-itiuy fee pursuant to the 
following schedule : 

$75 to $250 2rj,i: 

$250 to $500 50<f 

$500 (<> $750 75^ 

$750 to $1,000 or over 1.00 

Provided, hoAvever, that the abov^e schedule of fees may be modified 
by the Divisional Code Authority pursuant to the powers, con- 
ferred bv the ])rovisions of Section 5 (b). Article IV. of this 
Chapter.'^ 

(f) A bid as used in tliis Section or in Section ."), Article IV. of 
this Chapter, shall be construed to mean any offer or estimate, in 
comj^etition or otherwise, or any revision thereof, submitted by a 
member of this Division to an awarding authority or purchaser, or 
any agent thereof, for the execution of a specific project or a part 
thereof, or the rendition of a specific service, within this Division; 

(g) Any present or future member of this Division submitting a 
])id as defined- in this Section for any work or services within this 
Division, knowing of no bid depository having jurisdiction of the 
job or project, shall make ijiquiry of the Divisional Code Authority 
or the regional or local administrative connnittee as to such facts as 
5;aid Divisional Code Authority or committee is required to maintain 
under the provisions of Section 5, Article IV. of this Chapter, con- 
cerning the existence of establishment of a bid depository and all 
duly established rules for the area or areas in which the job or 
project is located. 

(h) The bid depository or the Divisional Code Authority shall 
liold said copy sealed and confidential until at least twenty-four (24) 
lu urs after the bid is due, or imtil after the letting of the contract, 
following which tabulations of all copies of Inds in competition may 
be disclosed to each bidder. 

1. Bids found not to be in competition shall be returned to the bid- 
der unopened together with the filing fee, subject, however, to such 

' .Sro p.-iragrapb 3 of order approving: tins Amen Imciit. 



485 

rules and regulations as may be adopted pursuant to the provisions 
of Section 5, Article IV. of this Chapter. 

2. For the purposes of this section, a bid in competition shall 
be construed to mean an}" bid where another such bid is made or 
has been made by any other member or members of the Division for 
substantially the same piece of work within such period of time as 
may be established by the Divisional Code Authority and approved 
by the National Industrial liecovery Board; provided, that until 
otherwise established such period of time shall be two (2) weeks; 
provided, that any bid in competition, as herein defined, with another 
bid shall be regarded as in competition with any other competing 
bid. 

3. For the purpose of this section a bid in competition shall also 
be considered to be any offer made by a member of the Division to 
perform substantially the same plumbing work or services for more 
rhan one awarding authority. 

Article V — Section 17 

Article V is amended by adding the following new section : 
Section 17. To submit a bid as definied in Section 7 of this 
Article, embracing work or services within the scope of the Division, 
to an owner or any other person corresponding to an awarding au- 
thority or any agency thereof, not bound by the jDrovisions of this 
Code; unless any such owner or person expressly agrees to comply 
with the regulations provided in Article VII, Chapter I, of the Code 
of Fair Competition for the Construction Industry governing an 
awarding authority. 

Approved Code No. 2441 — Amendment No. 2. 
Registry No. 1130-05 



i;<5687— 35 27 



Approved Code No. 535 — Amendment No. 1 
AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BRATTICE CLOTH MANUFACTURING INDUSTRY 

As Approved on April 22, 1935 



ORDER 



Approving Amendment or Code or Fair Competition for the 
Brattice Cloth 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 amend- 
ments to a Code of Fair Competition for the Brattice Cloth Manu- 
facturing Industry, and an opportunity to be heard thereon having 
been given, and the annexed report on said amendments, containing 
findings with respect thereto, having been made and directed to the 
President i 

NOW, THEREFORE, on behalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it bv Executive Orders of the President, including 
Executive Order l^o. 6859, and otherwise, does hereby incorporate, 
by reference, said annexed report and does find that said amend- 
ments and the Code as constituted after being amended complies in 
all respects with the pertinent provisions and will promote the policy 
and purposes of said Title of said Act, and does hereby order that 
said amendments be and they hereby are approved, and that the 
previous approval of said Code is hereby amended to include an 
approval of said Code in its entirety as amended. 

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

Approval recommended : 

M. D. Vincent, 

Acting Division Administrator. 

Washington, D. C, 

April 22, 1935. 

(487) 



KEPORT TO THE PRESIDENT 

The President, 

The White House. 

Sir: This is a report on amendments to the Code of Fair Competi- 
tion for the Brattice Cloth Manufacturing Industry. Notice of 
Opportunity to be Heard on these amendments was published on 
March 13, 1935 ; no objections were received within the given twenty 
(20) day period ending April 2, 1935. The amendments, which 
are attached, were presented by duly authorized and qualified repre- 
sentatives of the Industry, complying with statutory requirements, 
and being the duly constitued Code Authority under the provisions 
of Administrative Order No. 535-4. signed February 8, 1935, which 
granted the application of the Industry to elect its own Code Author- 
ity rather than operate under the General NRA Code Authority as 
set forth in the Code of Fair Competition for this Industry. 

These amendments provide for: (1) Establishment of Industry 
Code Authority; (2) Mandatory Assessment Provision; and (3) 
Classification of Customers. These proposed amendments are stand- 
ard provisions. 

The Deputy Administrator in his final report to the National 
Industrial Recovery Board on the said amendments to the said Code 
having found as herein set forth, and on the basis of all the pro- 
ceedings in this matter ; 

The National Industrial Recovery Board finds that : 

(a) The amendments to said Code and the Code as amended are 
well designed to promote the policies and purposes of Title I of 
the National Industrial Recovery Act including the removal of 
obstructions to the free flow of interstate and foreign commerce 
which tend to diminish the amount thereof, and will provide for 
the general welfare by promoting the organization of industry for 
the purpose of cooperative action of labor and management under 
adequate governmental sanction and supervision, by eliminating 
unfair competitive practices, by promoting the fidlest possible util- 
ization of the present productive capacity of industries, by avoiding 
undue restriction of production (except as may be temporarily 
required), by increasing the consumption of industrial and agricul- 
tural products through increasing purchasing power, by reducing 
and relieving unemployment, by improving standards of labor, and 
by otherwise rehabilitating industry. 

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

(c) The Code Authority is empowered to present the aforesaid 
amendments on behalf of the Industry as a whole. 

(488) 



489 

(d) The amendments and the Code as amended are not designed to 
and will not permit monopolies or monopolistic practices. 

(e) The amendments and the Code as amended are not designed to 
and will not eliminate or oppress small enterprises and will not oper- 
ate to discriminate against them. 

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

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

W. A. Harriman, 
Administrative OfficeT. 
April 22. 1935. 



Amendment to Code of Fair Competition for the Brattice CiiOTii 
Manufacturing Industry 

Delete Article IV of the Code of Fair Competition for the Brat- 
tice Cloth Manufacturing Industry, and substitute therefore the 
following : 

Article IV 

(A) Administration 

To further effectuate the policies of the Administration, a Code 
Authority is hereby constituted to cooperate with the N. I. R. B. in 
the administration of this Code. 

The Code Authority shall be constituted as follows and selected 
in the following manner : 

(1) The Code Authority shall consist of three (3) voting mem- 
bers to be selected by a fair method of selection approved by the 
N. I. R. B., each member to serve for a term of one year. 

(2) In addition to membership as above provided, there may be 
three (3) members without vote to be known as Administration Mem- 
bers to be appointed by the X. I. R. B., to serve for such terms as 
the N. I. R. B. may specify. 

(3) Each trade or industrial association directly or indirectly par- 
ticipating in the selection or activities of the Code Authority shall 
(1) impose no inequitable restrictions on membership, and (2) sub- 
mit to the X. I. R. B. 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 activi- 
ties as the N. I. R. B. may deem necessary to effectuate the purposes 
of the Act. 

(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 X. I. R. B. may prescribe such hearings as 
it may deem proper ; and thereafter if it shall find that the Code Au- 
thority is not truly representative or does not in other respects comply 
with the provisions of the Act, may require an appropriate modifica- 
tion of the Code Authority. 

(5) Nothing contained in this Code shall constitute the members 
of the Code Authority partners for any purpose. Xor 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, Xor 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. 

(6) If the N. I. R. B. shall at any time determine that any action 
of a Code Authority or any agencj^ thereof may be unfair or unjust 

(490) 



491 

or contrary to the public interest, the N. I. R. B, may require that 
such action be suspended to atford 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 X. I. R. B. ai)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. 

(7) Subject to rules and regulations issued by the N. I. R. B., the 
Code Authority shall have the following powers and duties, in addi- 
tion 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, such 
information and reports to be collected by a confidential and dis- 
interested agent of the Code Authority. In addition to information 
required to be submitted to such agent of the Code Authority, mem- 
bers of the Industry subject to the Code shall furnish such statistical 
information as the X. I. R. B. may deem necessary for the purposes 
recited in Section 3 (a) of the Act to such Federal and State Agencies 
as it may designate ; provided that nothing in the Code shall relieve 
any member of the Industry of any existing obligations to furnish 
reports to am^ Government Agency. No individual report shall be 
disclosed to any otlier member of the Industry or to any other party 
except to such other Government Agencies as mav be directed by the 
X. I. R. B. 

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

(e) To recommend to the N. I. R. B. 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 amendments of this 
Code which shall become effective as part hereof upon approval 
by the X. I. R. B. after such notice and hearing as it may specify; 

(f) To appoint a Trade Practice Committee which shall meet 
with the Trade Practice Committees appointed under such other 
Codes as may be related to the Industry for the purpose of formu- 
lating 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 X. I. R. B. 
as amendments to this Code and such other Codes; 

(g) To provide appropriate facilities for arbitration, and subject 
to the approval of the X^. I. R. B., to prescribe rules of procedure and 
rules to effect compliance with awards and determinations; 



492 

(h) To make recommendations to the N. I. R. B. for the coordina- 
tion of the administration of this Code and such other Codes, if 
an^^ as may be related to or affect members of this Industry. 

(B) Expenses of Code Administration 

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 N. I. R. B. for approval, subject to such 
notice and opportunity to be heard as may be deemed necessar}^ (a) 
an itemized budget of its estimated expenses for the foregoing pur- 
poses, and (b) an equitable basis upon which the funds necessary 
to support such budget shall be contributed by members of the 
Industry ; 

(3) After such budget and basis of contribution have been 
approved by the X. I. R. B.. to determine and obtain equitable con- 
tribution as above set forth by all members of the Industry, and to 
that end, if necessary, to institute legal proceedings therefore in its 
own name. 

Each member of the Industry shall pay his or its equitable con- 
tribution to the expenses of the maintenance of the Code Authority, 
which is determined as hereinbefore provided, and subject to rules 
and regulations pertaining thereto issued by the N. I. R. B. Only 
members of the Industry complying with the Code and contributing 
to the expenses of its administration as hereinabove provided, unless 
duly exempted from making such contributions, shall be entitled to 
participate in the selection of members of the Code Authority or 
to receive the benefits of any of its voluntary activities or to make 
use of any emblem or insignia of the National Recovery 
Administration. 

The Code Authority shall neither incur nor pay any obligations 
substantially in excess of the amount thereof as estimated in its 
approved budget, and shall in no event exceed the total amount 
contained in the approved budget, except upon approval of the 
X. I. R. B.; and no subsequent budget shall contain any deficiency 
item for expenditures in excess of prior budget estimates except 
those which the N. I. R. B. shall have so approved. 

Amend Article V — Trade Practices — by the addition thereto of 
Section (iii). 

(iii) Classification of Customers 

(aa) The Code Authority shall cause to be formulated and keep 
current a classification of all types of customers of the Industr3\ 
Such classification shall be subject to the disapproval of the 
N. I. R. B. and shall contain (1) a complete list of all of the classes 
of customers of the Industry, including a class to cover every known 
type of customers; and (2) definitions or descriptions of the several 



493 

classes in terms of functions performed, or in other appropriate 
terms, such as purchasers of defined qualities. 

(ab) After submission to the N. I, R. B., 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 shall by intimidation, 
coercion, or other undue influence cause or attempt to cause the 
inclusion of any customer in or the exclusion of any customer from 
any class of customers, or the exclusion of any class of customers 
from the classification, or the use of uniform or stipulated prices, 
discounts, or differentials, and each member of the Industry may at 
all times classify his own customers in accordance with his own 
judgment. 

Approved Code No. 535 — Amendment No. 1. 
Registry No. 299-45. 



SUPPLEMENTS 



Approved Code No. 308 — Supplement No. 10 
SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

MIDDLE ATLANTIC PREPARING AND WHOLE- 
SALING OR WHOLESALING INDUSTRY 

As Approved on March 8, 1935 



ORDER 



Approving Supplementary Code or Fair Competition for the 
Middle Atlantic Preparing and Wholesaling or Wholesaling 
Industry 

A division of the fishery industry 

An application having been duly made pursuant to and in full 
compliance with the provisions of Title I of the National Industrial 
Recovery Act, approved June 16, 1933, for approval of a supple- 
mentary code of fair competition for the Middle Atlantic preparing 
and wholesaling or wholesaling division of the fishery industry, and 
hearing having been duly held thereon and the annexed report on 
said code, containing findings with respect thereto, having been made 
and directed to the President: 

NOW. THEREFORE, on Ijehalf of the President of the United 
States, the National Industrial Recovery Board, pursuant to author- 
ity vested in it by Executive Orders of the President, including 
Executive Order No. 6859, and otherwise, does hereby incorporate 
by reference said annexed report and does find that said code com- 
plies in all respects with the pertinent provisions and will promote 
the policies and purposes of said title of said act; and does hereby 
order that said code of fair competition be and it is hereby approved. 
National Industrial Recovery Board, 
By W. A. Harriman, Administrative Ojficer. 

Approval recommended : 
Armin AV. Riley, 

Division Administrator. 
Washington, D. C, 

March 8, 1935. 

(495) 



REPORT TO THE PRESIDENT 

The President, 

The White House. 
Sir : This is a report on the Supplementary Code of Fair Competi- 
tion for the Middle Atlantic Preparing and Wholesaling or Whole- 
saling Industiy (A Division of the Fishery Industry), as revised 
after Public Hearing conducted in Ncay York, N. Y., on March 19, 
20 and 21, 1934, in accordance with the provisions of the National 
Industrial Recovery Act. The code is sponsored by the Middle 
Atlantic Fisheries Association for the industry in the States of 
New York (except the Great Lakes ports) and New Jersey, and by 
an industry group from the States of Pennsylvania (except the 
Lake Erie ports), Delaware and Maryland, and the District of 
Columbia. The sponsors claim to represent 90% of the industry. 

I. DESCRIPTION or THE INDUSTRY 

The Middle Atlantic preparing and wholesaling or wholesaling 
industry includes substantially the filleting, cutting, salting, smoking, 
drying and canning of fish; the packing of fish and shellfish in ice; 
the freezing of fish and shellfish by other than public freezers; the 
extraction of oil and the manufacture of meal and fertilizer from 
fish and shellfish and all other manipulation of fish and shellfish, 
and the wholesaling thereof, in the States of New York (except the 
Great Lakes ports), New Jersey, Pennsylvania (except the Lake 
Erie ports), Delaware and Maryland and the District of Columbia, 
except in so far as the same may be subject to any fresh oyster, 
lobster {Homm^us americanui-^ ., trout farming or blue crab {CaUi- 
nectes sapidus) code in original or amended form. This description 
is subject, of course, to certain further commodity and functional 
exceptions set forth in the code itself ; these exceptions are deemed to 
be too intricate in nature for incorporation here without confusion. 

The raw supplies for the industry are obtained primarily from 
fishing vessels operating in the waters contiguous to the Middle 
Atlantic area. Other raw supplies are obtained from producers in 
all other sections of the country. These products are marketed 
through the processors and wholesalers on land who are located 
chiefly in New York, Philadelphia. Baltimore and the District of 
Columbia. The raw fish and shellfish landed direct by fishermen 
include mainly alewives. bonito, bluefish, butterfish. carp, cod, croak- 
ers, eels, flounders, haddock, herring, mackerel, mullet, sea bass, shad, 
scup, squeteague. tilefish, whiting, white perch and clams and scallops. 
The fish shipped in include all the fresh water species, particularly 
those from the Great Lakes, and salmon and halibut from the Pa- 
cific Coast. Much of the fish shipped in is sent to commission 
merchants to be sold on commission. The fresh fish received in 

(496) 



497 

New York City are handled largely through the so-called " Whole- 
sale Fresh AVater Fish Section " and the " Live Fish Section " of the 
industry. Other definitely recognized Sections of the industry in 
New York City are the "'• AYliolesale Salt Water Fish Section", 
" Hotel Supply Section ". *' Filleting or Packaged Dressed Fish Sec- 
tion ", " Smoked. Cured and Salted Fish Section *', *' Wholesale 
Shellfish Section " and " Brokers' Section." Each of these Sections 
])erform distinct functions in the marketing of the products handled 
by the members of the industry in New York City. In the other 
cities of the area there is no such classification of the members. 

A large portion of the catch is marketed fresh in ice without fur- 
ther processing by the original purchaser. The remainder of the 
catch is processed in some manner such as filleted, smoked or salted. 

There are roughly 700 preparing and wholesaling establishments 
in the industry covered by the code. These employ around 7,600 
wage earners. The output of various products covered by the code 
is approximately $40,000,000 annually and the aggregate invested 
capital is approximately $40,000,000."^ 

II. LABOR PROVISIONS 

The industry proposed that employment of clerical, accounting 
and other office employees be restricted to 40 hours in any week and 
8 hours in any day. except that during 12 weeks in any year such 
employees may be permitted to work not to exceed 45 hours in any 
week or 9 hours in any day. Sale recorders regularly receiving 
$40.00 per week or more are permitted to work not to exceed 45 hours 
in any week or 8 hours in any day. except that during 12 weeks in any 
year they may be permitted to work not to exceed 48 hours in any 
week or 9 hours in any day. No other employee shall be permitted 
to work in excess of 45 hours in any week or 9 hours in any day. 
There are exceptions for executive, supervisory, technical and admin- 
istrative employees, provided they regularly receive $35.00 per week 
or more; outside salesmen; watchmen, if they regularly receive $18.00 
per Aveek. but they shall not be permitted to work in excess of 56 
hours in any week. 

There are other exceptions provided the employees receive a certain 
amount per week, or provided they are employed at certain operations 
with a given section of the industry. In addition there are excep- 
tions for employees engaged in emergency work or in emergency 
situations where a perishable product may spoil but in these cases 
time and one-third the normal rate must be paid for such overtime. 
Further, non-office employees whose maximum hours are established 
at less than 54 per week and 11 per day. during 7 weeks in any year 
may be permitted to work 54 hours per week and 11 per day for cer- 
tain purposes; Provided hoioever^ they shall be paid time and one- 
third the normal rate for all hours worked in excess of 9 per day 
with certain exceptions. 

In regard to wages, the industry proposes that no clerical, ac- 
counting or other office employee shall be paid less than the rate of 
$18.00 per week ; office boys not less than $15.00 in New York City or 
in any place of a million or more population. In other places 
office employees shall be paid not less than $16.00 per week; office 



498 

boys not less than $14.00 per week. No other employee in the trad- 
ing area of New York City shall be paid less than at the rate of 
$24.00 per week, except that truck helpers may be paid at a rate of 
not less than $16.00 per week. No other employee in any place of a 
million or more population (other than the trading area of New 
York City) shall be paid less than at the rate of $20.00 per week. 
No other employee shall be paid less than at the rate of $16.00 per 
week. 

In addition, the code contains general labor provisions which are 
intended to be of direct benefit to employees. 

III. UNFAIR METHODS OF COMPETITION 

The unfair methods of competition provisions of the code include 
provisions with respect to filing prices, increased prices, adherence to 
filed prices, agreement on prices, destructive price cutting, emergency 
basis for prices, price basis, charges on consignment shipments, in- 
accurate reference, diversion of brokerage, sanitar}^ packaging, pur- 
chases from fishermen, false information, credit terms, fictitious 
prices and statements, sales by agents, information on consignment 
shipments, special handling charges, repacking oysters, labeling of 
oysters, payment of incidental charges, consignment of salted and 
smoked products, inspection and weighing of salted and smoked 
products, inducing breach of contract, participation in code, and 
sales terms of smoked, cured or salted products. 

IV. FINDINGS 

The Acting Deputy Administrator in his final report to the Na- 
tional Industrial Recovery Board on said code, having found as 
herein set forth and on the basis of all the proceedings in this 
matter : 

The National Industrial Recovery Board finds that : 

(a) 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 
avoiding undue restriction of production (except as may be tem- 
porarily required), by increasing the consumption of industrial, 
fishery 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 Board as a major industry. 

(c) The code as approved complies in all respects with the per- 
tinent provisions of Title I of the National Industrial Recovery Act, 



499 

incliulin<r without limitation Subsection (a) of Section 3, Subsection 
(a) of Section 7 and Subsection (b) of Section 10 thereof. 

Tlie ccKle is sponsored on behalf of the industry in the States of 
New York (except the (ireat Lakes ports) and New Jersey by the 
Middle Atlantic Fislieries Association, a trade association with its 
princii)al office in the City of New York. The latest available data 
discloses the number of persons f»r enterprises in the industry 
in said states to be 392 in number; of these, 244 are members 
of the Association. 75 percent of the business of all the members of 
the industry in said states is done by members of the Association. 
In addition, the final draft of the code has been approved in writing 
by those persons, but one, who were duly elected by the industry in 
said states to speak for it in the administration of the code of fair 
competition for the fishery industry pending approval of the code 
herewith sent forward. 

The Association admits to voting membership any person or enter- 
prise engaged in the industry defined in the code who agrees to pay 
the prescribed dues and assessments and assents to the code. The 
grounds for suspension or expulsion from voting membership in the 
Association are limited to retirement from the industry as defined 
in the code, non-payment of dues and assessments, and violation of 
the code when the same has been determined by a duly constituted 
administrative and judicial agency. In the deliberations of the 
Association, equal voting rights are accorded all persons or enter- 
prises admitted to voting membership. Each member of the Asso- 
ciation is required to pay annually as dues an amount equal to his 
equitable share of the budget approved at the annual meeting of the 
Association, but no assessment for annual dues is to be in excess of 
sixty dollars per member. Regular and special meetings of the 
members and of the Board of Directors are duly provided for. 
Other and less important rules of self-government disclose no 
inequitable restrictions upon admission to membership in the 
Association. 

As to the States of Pennsylvania (except the Lake Erie ports), 
Delaware and Maryland, and the District of Columbia, the code is 
sponsored by the industry therein. A meeting was called of the 
members of the industry in the State of Pennsylvania (except the 
Lake Erie ports) for the purpose of electing delegates to meet with 
delegates from the States of Delaware and Maryland and the District 
of Columbia, to designate one or more persons to sponsor the code 
and to assent to the final draft thereof on behalf of the industry 
in said three states and district. Meetings to the same end were 
called also of the members of the industry in the States of Delawat e 
and Maryland and in the District of Columbia. The purpose of all 
meetings was effected, and the mission of the delegates accomplished. 
So far as names and addresses were known or capable of ascertain- 
ment by the exercise of reasonable diligence, every member of the 
industry in said three states and district was accorded the right and 
opportunity of participating in the deliberations looking to the selec- 
tion of a committee to sponsor the code on behalf of the industry 
in said three states and district and to assent to the final draft 
thereof. Voting in person, by proxy or by mail was permitted. At 
said deliberations, eighty per cent of the industry in said three states 

135637 — 35 —28 



500 

and district by volume of business was present or represented. At 
said deliberations also, sixty-five per cent of the industry in said 
three states and district .by number of business units was present or- 
represented. 

The applicant groups are truly representative of the industry. No 
inequitable restrictions on admission to membership therein are im- 
posed by said groups- 

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

(e) Tne 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 whose 
services and welfare are affected by the code, have not been deprived 
of the right to be heard prior to approval of said code. 

(g) The maximum hours of labor, minimum rates of pay and 
other conditions of emplo3'ment prescribed in the code are reasonable 
in scope. They seek that fair ground which, on the one hand, will 
assure a minimum of equitable treatment for employees, and which, 
on the other, is necessary of consolidation to eliminate, in a sub- 
stantial degree, an existing unfair competitive situation in the indus- 
try arising out of variations in hours of labor, rates of pay and other 
conditions of employment among the members. They have not been 
fixed at levels which foster monopoly or oppress small enterprise. 

(h) The code contemplates that open price filing with a confiden- 
tial and disinterested agency — and compulsory compliance of each 
member of the industry with his current filed price — will be invoked 
as soon as code authority designation of products and services for 
which prices are to be filed is effected. Open price filing is an innova- 
tion in fishery industries and the feasibility thereof remains to be 
proved; the industry is, however, desirous of testing it, and it is 
worthy of trial. The provisions of the code touching destructive 
price cutting and emergency basis for prices reflect conditions to the 
invocation thereof so repellant of monopoly and oppression of small 
enterprise as to require no treatment here. 

(i) The code lays the ground for such regulation of the com- 
mission markets in the large cities in the area covered thereby as 
svill make for open dealing between principals and agents at all 
times, and as will in particular safeguard the rights of fishermen 
selling, or consigning for sale, to members of the industry. It 
provides the means whereby the full facts touching the consignment 
of fish or shellfish for sale on commission may be readily available 
to any party in interest. 

(j) The code defines a broker as one who in substance negotiates 
sales for and on account of the seller, and, in the interest of the 
elimination of secret price concessions to buyers, seeks to terminate 
a practice whereby members of the industry pay or allow brokerage 
to buj^ers. It prescribes reasonable maximum credit terms with 
which the industry is to comply. It seeks to eliminate the use of 
containers not clean and sanitary. By specific prohibitions in the 
field of industrial honesty, it seeks to supplement the enforcement 
of substantive law long accorded the support of public opinion. 

(k) The code requires delivered prices to be delivered prices, 
except in special instances noted. It seeks to adjust the competitive 



501 

situation in the industry so that neither the casual practices of all 
nor the chronic practices of a few in making transportation, cartage, 
storage, labor service or container concessions to buyers or shippers 
will perpetuate a development according to which like concessions 
must be extended by all members of the industry if they are to 
retain their customary business. 

(1) Other trade j^ractice provisions of the code do not command 
special conunent, except that prohibiting the shipment by members 
of the Smoked, Cured, and Salted Section of the industry of smoked, 
cured or salted fish on a consignment, contingent or commission 
basis. Shii^ments of this nature have not been common. Some have 
occurred however, and the section of the industry concerned con- 
siders them undesirable due to the nature of products involved. It 
moves, accordingly, in the code to prevent them. 

For these reasons, therefore, this divisional code has been 
approved. 

For the National Industrial Recovery Board : 

W. A. Harriman, 
Adininist7'atlve Officer. 

March 8, 1935. 



SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 
THE MIDDLE ATLANTIC PREPARING AND WHOLE- 
SALING OR WHOLESALING INDUSTRY 

A DIVISION OF THE FISHERY INDUSTRY 

Article I — Purpose 

Section 1. The National Code of Fair Competition for the Fishery 
Industry with the exceptions and additions hereinafter specifically 
enumerated shall constitute the code of fair competition for the 
Middle Atlantic preparin^^ and wholesaling or wholesaling division 
of the fishery industry in accordance with Article VIII, Title C. 
Section 1 of said national code, and shall be the standard of fair 
competition for the Middle Atlantic preparing and wholesaling or 
whoresaling division of the fishery industry, and shall be binding 
upon every member thereof. 

Article II — Definitions 

Section 1. Wherever a term is used in this divisional code which 
is defined in said national code, the definition thereof contained 
in said national code shall, except as herein provided in the case 
of wholesaling, apply to the Middle Atlantic preparing and whole- 
saling or wholesaling division of the fishery industry. As used 
herein : 

(a) The term "Middle Atlantic preparing and wholesaling or 
wholesaling industry " or " Middle Atlantic industry " means the 
preparing and wholesaling or wholesaling of fish and shellfish in 
the Middle Atlantic area, except in so far as the same may be subject 
to any fresh master, lobster {Homat^s americanus) , trout farming, 
or blue crab {Callinectes sapidus) code in original or amended form. 
With respect to the distribution in said area of canned fish and 
canned shellfish other than canned clam and canned oyster products 
and other than herring marketed as canned sardines, said term shall 
include only the primary sale; with respect to the distribution in 
said area of dried, salted and smoked fish, said term shall not 
include any sale eifected by a person or enterprise whose principal 
line of business is that of a wholesale grocer. Said term does not 
include the preparing or wholesaling of herring marketed as canned 
sardines or as herring meal and oil ; it does not include the preparing 
or wholesaling of menhaden {Brevoortia tyrannvs) meal and oil; 
and it does not include the preparing or wholesaling of canned clam 
or canned oyster products. Said term specifically includes the fillet- 
ing and the smoking of fish in said area for the account of others. 

(b) The term '"North Middle Atlantic area" means the States of 
New York (except the Great Lakes ports) and New Jersey. 

(502) 



503 

(c) The term "South Middle Athintic area" means the States of 
Pennsylvania (except the Lake Erie ports). Delaware, and Maryland, 
and the District of Columbia. 

(d) The term "Middle Atlantic area" includes the North Middle 
Atlantic area and the South Middle Atlantic area, 

(e) The term ^ preparing " means filleting, cutting, salting, smok- 
ing, drying, and canning; and it means also the packing of fish and 
shellfish in ice, the freezing of fish and shellfish by other than public 
freezers, the extraction of oil and the manufacture of meal and ferti- 
lizer from fish and shellfish, and all other manipulation of fish and 
shellfish: Provided however^ that it does not include the refining of 
oil or the manufacture of mixed feeds or mixed fertilizers from fish 
or shellfish, nor does it include the manufacture of products obtained 
from shells, fish scales, sponges, sounds, skins, hides, bones, aquatic 
plants, ambergris, cuttlefish bone, or whalebone. 

(f ) The terms "' wholesale " and " wholesaling " mean the dis- 
tribution of fish and shellfish, in the natural or any prepared state, 
to retail outlets (including hotels, restaurants, cafeterias, clubs, 
steamships, railroads, institutions, camps, military bases, naval bases, 
and any other type of undertaking in which food is prepared and 
served to the consumer) whether or not the retail outlets are owned 
or controlled by the person or enterprise effecting the distribution, 
hereinafter in this ])aragraph referred to as the distributor; and in- 
clude sales of such fish and shellfish between or among distributors. 
Said terms specifically include such functions as brokers, commission 
merchants, importers, and jobbers perform in the distribution of 
such fish and shellfish to the retail outlets aforesaid, to each other, 
or to any distributor aforesaid. Said terms also specifically include 
such functions as cooperatives (whose preparing is done by other 
than those who by their own manual labor take the fish and shellfish 
from the water) perform in the distribution of such fish and shellfish 
to the retail outlets aforesaid, to each other, or to any distributor 
aforesaid. Said terms do not include any primarj' sale, in the natural 
or any prepared state, of fish or shellfish taken from the water, or 
taken from the Avater and prepared, by persons engaged by their 
own manual labor individually, as partners, or on a "lay" basis, or 
l)y persons so engaged with the assistance of an employee or em- 
ployees working on a time or piece rate basis, except where such 
primary sale is made by a person or enterprise acting as the repre- 
sentative of the catchers (of fish) or takers (of shellfish) in the 
capacity of a commission merchant, of a broker, or of a cooi:)erative 
whose preparing is done by other than the catchers or takers. The 
term " prepared " as used in the sentence immediately preceding this 
means the same in substance as the term " preparing ". except that 
it specifically excludes the extraction of oil from fish and shellfish 
other than the extraction of oil from fish livers; and specifically 
excludes the manufacture of meal or fertilizer from fish and shellfish. 

(g) The term " commission merchant " means a sales agent who 
l^erforms the services of negotiating the sale of fish and shellfish, 
in the natural or any prepared state, for and on account of the 
seller as principal, who is entrusted with the possession, disposal 
and control of the ixoods. who customarilv sells in his own name 



504 

and guarantees credit, and whose compensation is a cojnmission or 
brokerage paid by the seller. 

(h) The term "' jobber '' is a specific name current in the Middle 
Atlantic industry for a person or enterprise which would, in any 
event, be a member of the Middle Atlantic industry, if engaged in 
the distribution described in the first sentence (and not covered 
by the exception contained in the fourth sentence) of Section 1, 
paragraph (f) of this Article. 

(i) The term '' importer " means a person or enterprise engaged 
in the business of importing into the United States nsh and shell- 
fish, in the natural or any prepared state, from foreign countries 
or from the Philippine Islands. 

(j) The term ''broker" means an independent sales agent who 
performs the services of negotiating the sale of fish and shellfish, 
in the natural or any prepared state, for and on account of the 
seller as principal, who is not entrusted with the possession, dis- 
posal or control of the goods, who does not sell in his own name, 
who does not customarily guarantee credit, and whose compensa- 
tion is a commission or brokerage paid by the seller. 

(k) The term " Executive Connnittee " means a supervisory body 
provided for in Article VIII, Title C, Section 1, paragraph (ej, 
of said national code, and created pursuant to the provisions of 
Article VIII, Title B hereof. 

(1) The term " trading area of New York City " means the terri- 
tory within the States of New York and New Jersey within a radius 
of fifty miles from City Hall, New York, New York. 

(m) The term ''Wholesale Salt AVater Fish Section" means that 
section of the Middle Atlantic industry whose members, exclusive 
of brokers, are engaged principally in the wholesaling of fish taken 
in salt water. 

(n) The term " Wholesale Fresh Water Fish Section '' means that 
section of the Middle Atlantic industry whose members, exclusive 
of brokers, are engaged principally in the wholesaling (in other 
than the live state) of fish taken in fresh water. 

(o) The term " Hotel Supply Section " means that section of the 
Middle Atlantic industry whose members are engaged principally 
in the preparing of fish and shellfish and in the wholesaling thereof 
(other than as fillets, steaks, or similarly prepared products of the 
Middle Atlantic industry ; and other than in a smoked, dried, or 
salted state) to retail butchers, or to hotels, restaurants, cafeterias, 
clubs, steamships, railroads, institutions, camps, military bases, 
naval bases, or any other type of undertaking in which food is 
prepared and served to the consumer. 

(p) The term " Filleting or Packaged Dressed Fish Section " 
means that section of the Middle Atlantic industry whose members 
are engaged principally in the manufacture, packaging and whole- 
saling of fillets, steaks and similarly prepared products of the Mid- 
dle Atlantic industry. 

(q) The term '' Smoked, Cured, and Salted Fish Section " means 
that section of the Middle Atlantic industry whose members are en- 
gaged principally in the smoking, drying, and salting of fish and in 
the wholesalinc thereof. It includes also those members of the 



505 

Middle Atlantic industry who, as jobbers, are engaged principally 
in the business of buying smoked, dried, and salted products of the 
Middle Atlantic industry and in the wholesaling thereof. 

(r) The term " Wholesale Shellfish Section " means that section 
of the Middle Atlantic industry whose members, exclusive of brokers, 
are engaged princii)ally in the wholesaling of shellfish. 

(s) The term " Live Fish Section " means that section of the 
Middle Atlantic industry whose members, exclusive of brokers, are 
engaged principally in the wholesaling of live fish (other than 
goldfish and tropical fish) taken in fresh water. 

(t) The term " Brokers Section " means that section of the Mid- 
dle Atlantic industry whose members are engaged principally in 
the functions performed by brokers. 

(u) The term "sales recorder" means an emplo3^ee whose prin- 
cipal activities consist of recording, making out bills, and receiving 
cash payments for sales. 

(v) The definitions contained in paragraphs (m), (n), (o), (p), 
(q), (r), (s), (t) and (u) of this Section shall apply only within 
the trading area of New York City. 

(w) The term "smoker" means an employee in the Smoked, 
Cured, and Salted Fish Section whose principal duty consists in 
directing or supervising the operation of smoking fish. 

(x) The term "truck helpers" means employees of the Hotel 
Supply Section whose principal duty consists in watching and guard- 
ing a truck and the contents thereof. 

(y) The term " place " means " metropolitan district ", and " met- 
ropolitan district " shall be as used by the U. S. Bureau of the 
Census. 

(z) The term " price terms " means prices, discounts, allowances, 
rebates, and all other terms or conditions of sale. 

(aa) The term "herring" means the fish known scientifically as 
i'lwpea hai'engus. 

(bb) The term " prepared ", except as used in the fourth sentence 
of paragraph (f) of this Section, shall be synonymous with the 
substance of the term " preparing." 

(cc) The term " outside salesman " means an employee who spends 
at least eighty per cent of his working time away from the establish- 
ment of the employer, and away from premises contiguous thereto. 

(dd) The term " average ", applied as a noun to sales by agents, 
means the amount obtained by dividing the gross receipts for the 
day of all sales by the agent of goods of the same species, type as 
recognized with respect to waters of origin, size and condition by the 
total net weight thereof and by multiplying the quotient by the 
net weight of any particular consignment involved, but sales of 
goods of principals who have not consented that the proceeds thereof 
may be reduced to a mean with the proceeds of the sale of goods 
of others shall not be included. As used in a verbal sense, said term 
shall be construed according to the substance of the definition of 
the noun. 

(ee) The term " member of the Middle Atlantic industry " means 
any individual, partnership, association, corporation, or other form 
of enterprise engaged in the Middle Atlantic industry, either as an 
employer or on his or its own behalf. 



506 

(ff) The term "National Industrial Recovery Board" means 
the body established by Executive Order No. 6859, dated September 
27, 1934, to administer the provisions of Title I of the Act. 

Article III — Hours of Labor 

Section 1. The labor hour provisions contained in Article III of 
said national code shall not apply to the Middle Atlantic industry, 
and in lieu thereof the following shall appl}' : 

(a) No clerical, accounting or other office employee shall be per- 
mitted to work in excess of forty (40) hours in any week or eight 
(8) hours in any day, except that during tw^elve (12) weeks in any 
year any such employee may be jDermitted to work not to exceed 
forty-five (45) hours in any week or nine (9) hours in any day: 
Provided however, that sales recorders regularly receiving $40.00 per 
week or more may be permitted to work not to exceed forty-five (45) 
hours in any w^eek or eight (8) hours in any day, except that during 
twelve (12) weeks in any year any sales recorder may be permitted 
to work not to exceed forty-eight (48) hours in any week or nine (9) 
hours in any day. 

(b) No other employee shall be permitted to work in excess of 
forty-five (45) hours in any week or nine (9) hours in any day. with 
the following exceptions : 

(1) Non-office employees may be permitted to work not to exceed 
ten (10) hours one (1) day each week; 

(2) Executive, supervisory, technical, and administrative em- 
plo^^ees. provided they regularly receive $35.00 per week, or more; 

(3) Outside salesmen; 

(4) Watchmen, if they regularly receive $18.00 per week, or more : 
Provided hoirever, that when so excepted they shall not be permitted 
to work in excess of fifty-six (56) hours in any week; 

(5) Stationary engineers, stationary firemen, chauffeurs (other 
than chauffeurs emploj^ed in the Live Fish Section), and delivery- 
men : Provided however, that they shall not be permitted to work in 
excess of forty-eight (48) hours in any week; 

(6) Employees engaged in the Live Fish Section as chauffeurs, 
aides, or attendants in the transportation of live fish by motor ve- 
hicle: Provided however, that they shall not be permitted to be on 
duty or to remain in or upon the motor vehicle in excess of fourteen 
(14) hours in any twenty-four (24) : and Provided further, that no 
employee so engaged shall be permitted to operate a motor vehicle 
in excess of ten (10) hours in any twenty-four (24) ; 

(7) Employees engaged in the Live Fish Section as attendants 
in the transportation of live fish by rail. This exception shall be 
effective only during such period of time as shall elapse from the 
inception of the transportation to its termination, except that where 
the freight or other rail car involved in the transportation is at- 
tended on its return to the point of origin, the exception shall be 
effective during the period of time required for the return; 

(8) Emplo3'ees engaged in the Smoked. Cured, and Salted Fish 
Section as smokers may be permitted to work in any day until the 
smoking operation begun that clay is completed, provided they 
regularly receive $50.00 per week, or more ; 



507 

(9) Employees engaged in emergency maintenance and emergency 
repair work: Provided however, that an}' employee so working shall 
be paid at least time and one-third the normal rate for all hours 
worked in excess of the maximum for him hereinbefore established; 

(10) Employees engaged in any seasonal or emergenc}' situation 
which may arise whereby the product of the employer may be spoiled 
or destroyed while in a perishalile condition, when additional work- 
ers of the necessary qualiticatif)ns are not available to ])erform the 
operations required. In any such case, the employer shall be em- 
powered to process such product into a non-perishable condition. 
Employees engaged in this seasonal or emergency work shall be paid 
at least time and one-third the normal rate for all hours worked in ex- 
cess of the maximum hereinbefore established for them respectively; 

(11) Non-ofRce employees whose maximum hours as hereinbefore 
established are less than fifty-four (54) per week and eleven (11) 
per day. during seven (7) weeks in any year may be permitted to 
work not to exceed fifty-four (54) hours per week and eleven (11) 
hours per da}^ for the purpose of liquidating peak conditions due to 
excessive demand, excessive surplus, or other exigency peculiar to the 
type of enterprise in which they are employed: Provided hoicever, 
tiiat such employees so working shall lie paid at least time and one- 
third the normal rate for all hours worked in excess of nine (9) per 
day. The provisions of this sub-paragraph shall not be construed to 
require payment of compensation in excess of the normal rate for 
(a) the tenth hour provided for one day each week in sub-paragraph 
(1) of this paragraph; or for (b) hours worked in accordance there- 
with in excess of forty-eight (48) per week by any employee covered 
b3^ sub-paragraph (5) of this paragraph. 

Section 2. Each member of the Middle Atlantic industry shall 
make a report each month to the Executive Committee having juris- 
diction of all hours worked in excess of the maximum under the 
provisions of Section 1. paragraph (b), subparagraphs (9), (10)? 
and (11) of this Article. 

Section 3. Xo member of the Middle Atlantic industry knowingly 
shall permit any employee to work for any time which, when added 
to the time spent at work for any other employer or employers (in 
any trade or industry), exceeds the maximum for such employee 
herein established. 

Article IV — AVages 

Section 1. The labor wage provisions contained in Article IV 
of said national code shall not apply to the Middle Atlantic industry, 
and in lieu thereof the following shall apply : 

(a) No clerical, accounting or other office employee in the trading 
area of New York City or in any place of a million or more popula- 
tion shall be paid less than at the rate of $18.00 per week, except 
that office boys in said area or in any such place may be paid at 
the rate of not less than $15.00 per week. 

(b) No other office employee shall be paid less than at the rate 
of $16.00 per week, except that office boys outside the trading area 
of New York City or in places of less than one million population 
may be paid at the rate of not less than $14.00 per week. 



508 

(c) Xo other employee in the trading area of New York City 
shall be paid less than at the rate of $24.00 per week, except that 
truck helpers may be paid at the rate of not less than $16.00 per 
week. 

(d) Xo other employee in any place of a million or more popula- 
tion (other than the trading area of New York City) shall be paid 
less than at the rate of $20.00 per week, 

(e) No other employee shall be paid less than at the rate of 
$16.00 per week. 

Section 2. Office boys in any establishment shall not exceed five 
per cent (5%) of all office employees therein, but at least one may 
be employed. 

Section 3. For the purposes of this divisional code, population 
shall be determined by reference to the latest Federal Census. 

Section 4. No member of the Middle Atlantic industry shall reduce 
the full time weekly earnings of any employee from what thej^ were 
on June 15, 1933, notwithstanding that the hours of employment of 
such employee may be reduced by this divisional code. In order to 
preserve wage differentials reasonabl}^ proportionate to those in ef- 
fect as of June 15, 1933, in cases where the minimum rates of pay 
prescribed in this divisional code are in excess of the minimum rates 
of pay prevailing as of said date, an equitable readjustment (up- 
wards) in rates of pay shall be made in cases of employees who on 
June 15. 1933, received in excess of the minimum rates of pay then 
prevailing. Within sixty (60) days after the effective date of this 
divisional code, each Executive Committee shall report to the Na- 
tional Industrial Recovery Board the readjustments made pursuant 
to this provision. 

Section 5. This divisional code establishes minimum rates of pay, 
and the same shall apply whether the employee be actually compen- 
sated on a time rate, piece-work, or other basis. 

Article V — General Labor Provisions 

Section 1. The mandatory clauses from Section 7 (a) of the Act 
and the other general labor provisions contained in Article V of said 
national code are specifically incorporated herein by reference and 
shall apply to the Middle Atlantic industry, and in addition thereto 
the following shall aj^ph^ : 

(a) No person under eighteen (18) years of age shall be emplo3^ed 
at operations or occupations which are hazardous in nature or dan- 
gerous to health. Each Executive Committee shall submit to the 
National Industrial Recovery Board within thirty (30) days after 
the effective date of this divisional code lists of such operations or 
occupations. 

(b) "Wages shall be exempt from fines; and from charges and de- 
ductions, except charges and deductions for employees' voluntary 
contributions to insurance, pension, or benefit funds, and except 
charges and deductions required b}" State legislation enacted for the 
benefit of employees. Deductions for other purposes may be made 
onh' when an agreement covering the same is reduced to writing and 
kept on file by the employer open to the inspection of the National 
Industrial Recover}^ Board. Wages shall be paid at least semi- 
monthly, in cash, or by negotiable check pa3-able on demand. 



509 

(c) Every member of the Middle Atlantic industrj' shall pro- 
vide 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 each Executive Committee to the National 
Industrial Recovery Board within three (3) months after the ef- 
fective date of this divisional code. 

Article VI 

TITLE A. UNFAIR METHODS OF COMPETITIOX 

Sectiox 1. In addition to the unfair methods of competition pro- 
visions contained in Article VI of said national code, the following 
shall apply to the Middle Atlantic industry, and it shall be a vio- 
lation of this divisional code for any member of the Middle Atlantic 
industry : 

(a) Filing Prices. — To fail to file with a confidential and dis- 
interested agent of the Executive Committee having jurisdiction or, 
if none, then with such an agent designated by the National Indus- 
trial Recovery Board, identified lists of all of his price terms, which 
lists shall completely and accurately conform to and represent the 
individual pricing practices of the member filing same. For each 
of the two areas of the Middle Atlantic industry, the Executive Com- 
mittee having jurisdiction, subject to the approval of the National 
Industrial Recovery Board, shall determine the products and serv- 
ices for which price terms shall be filed. Said price terms shall in 
the first instance be filed within fifteen (15) days after the date of 
approval of Executive Committee designation of products and serv- 
ices for which price terms shall he filed. Price terms and revised 
price terms shall become eifective immediately upon receipt thereof 
by said agent. 

(b) Increased Prices. — To file a higher price within twelve (12) 
hours after having filed a revision in price terms. 

(c) Adherence to Filed Prices. — To sell or offer for sale any prod- 
uct or service of the Middle Atlantic industry for which price terms 
have been filed pursuant to the provisions of this divisional code, 
except in accordance with such price terms. 

(d) Agreement on Prices. — To enter into any agreement, under- 
stancling, combination or conspiracy to fix or maintain price terms, 
or cause or attempt to cause any member of the Middle Atlantic 
industry to change his price terms by the use of intimidation, coer- 
cion, or any other influence inconsistent with the maintenance of a 
free and open market: Provided hoioever, that the provisions of this 
paragraph shall not be construed to restrict any right conferred upon 
producers of aquatic products by an Act of Congress (c, 742. Section 
1. 48 Stat.) approved June 25. 1934. entitled. "An Act authorizing 
associations of producers of aquatic produ.cts." 

(e) Destructive Price Cutting. — To engage wilfully in destructive 
price cutting. Any member of the ISIiddle Atlantic industry or of 
any other industry or the customers of either may at any time com- 
plain to the Executive Committee having jurisdiction that any filed 
price constitutes unfair competition as destructive price cutting, im- 



510 

periling small enterprise or tending toward monopoly or the impair- 
ment of code wages and working conditions. 

(f ) Einergency Basis for Prices. — To sell below the stated mini- 
mum price of any given product of the Middle Atlantic industry, 
when an emergency exists as to any such product in accordance with 
the following proA'isions : 

(1) If the National Industrial Recovery Board, after investiga- 
tion, shall at any time find both (a) that an emergency has arisen 
within the Middle Atlantic industry adversely ail'ecting small enter- 
prises or wages or labor conditions, or tending toward monopoly or 
other acute conditions which tend to defeat the purposes of the Act ; 
and (b) that the determination of the stated minimum price for a 
specified product within the Middle Atlantic industry for a limited 
period is necessary to mitigate the conditions constituting such emer- 
genc}^, and to effectuate the purposes of the Act, the Executive Com- 
mittee having jurisdiction may cause an impartial agency to inves- 
tigate costs and to recommencl to the National Industrial Recover}^ 
Board a determination of the stated minimum price of the product 
affected by the emergency and thereupon the National Industrial 
Recovery Board may proceed to determine such stated minimum 
price; and 

(2) When the National Industrial Recovery Board shall have 
determined such stated minimum price for a specified product for a 
stated period, which price shall be 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 Middle Atlantic industry shall sell such 
specified product at a net realized price below said stated minimum 
price and any such sale shall be deemed destructive price cutting; 

(3) Provided lunr>evei\ that 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 determin- 
ation of pricing policies. 

(g) Price Basis. — To quote prices or make sales of products of 
the Middle Atlantic industry except on an f. o. b. shipping point 
basis or on a delivered basis. When quoted or made on a delivered 
basis, said prices and sales (except those quoted or made by the 
Hotel Supply Section) shall include full cost of transportation : 
Provided however^ that nothing contained in this paragraph shall 
require a member of the Middle Atlantic industry to include in any 
price quoted or sale made on a delivered basis any transportation 
charge on deliveries within tw^enty (20) miles of his place of busi- 
ness. 

(h) Charges on Consigmnent Shipvients. — To charge against any 
consignment received for sale on commission any amount of money 
other than (1) the commission earned on the sale, (2) an amount 
actually advanced on the consignment, (3) an amount authorized in 
advance by the shipper, or (4) an amount required to be charged 
under the provisions of paragraphs (r) and (u) of this Section; 
Provided however., that the provisions of this paragraph shall not 
be construed to prohibit the charge against a consignment of any 
item of shipper expense estimated in good faith at a time when the 



511 

exact amount of the item has not been determined, if a proper adjust- 
ment is made to correct an}- error in the estimate within thirty (30) 
days from the date of the charire. 

(i) Inaccurate Refevence. — To impute falsely to competitors dis- 
honorable business conduct, inability to perform contracts, or ques- 
tionable credit standing; or to make false representations concerning 
the products of a competitor. 

(j) Diversion of Brokerar/e. — To pay or allow any brokerage, bro- 
ker's fee, or selling commission to a buyer or any agent or employee 
of a buver. 

(k) 'Sanitary Packaging.— To pack any product of the Middle iVt- 
lantic industry for shipment in any box. barrel, or other container 
which is not*clean and sanitary. 

(1) Purchases from Fishermen. — To make purchases of fish or 
shellfish from fishermen without paying for same on receipt of the 
product by the buyer, or without delivery (or placing in the channels 
of delivery) to the seller (at the time of such receipt) of a written 
acknowledgment of purchase containing all information necessary to 
a complete understanding of the transaction, including price, quan- 
tity, and terms of payment. Said acknowledgment shall provide 
specifically for payment (in cash, or by negotiable check payable on 
demand) 'within seven (7) days after receiDt of the product by the 
buyer. 

(m) False Information. — To report falsely to either Executive 
Committee on any information required for the administration of 
this divisional code. 

(n) Credit Tenm. — To sell or offer to sell products of the Middle 
Atlantic industry (if engaged in the Sections or geographic districts 
named in this paragraph) on credit t«rms more favorable to the buyer 
than the following : 

(1) Xo member of the Wliolesale Salt Water Fish Section shall sell 
or offer to sell products of the Middle Atlantic industry without speci- 
fying payment on delivery, or payment in full for products purchased 
during any week at a date not exceeding six (6) days from the close 
of such week. 

(2) No member of the Smoked, Cured and Salted Fish Section 
shall sell or offer to sell products of the Middle Atlantic industry 
without specifying payment on delivery, or as to retail outlets pay- 
ment in full for products purchased during any seven (7) day period 
ending on Wednesday in any week at a date not exceeding one (1) 
day from the close of such seven (7) day period, or as to jobbers 
payment in full for products purchased during any seven (7) day 
period ending on Wednesday in any week at a date not exceeding 
two (2) days from the close of such seven (7) day period. 

(3) No member of the Hotel Supply Section shall sell or offer to 
sell products of the Middle Atlantic industry without specifying 
payment on delivery, or payment in full for products purchased dur- 
ing any month at a date not exceeding thirty (30) days from the 
close of such month; Provided hoioever, that the provisions of this 
subparagraph shall not be construed to apply to sales of or offers to 
sell products of the Middle Atlantic industry to Federal, State, 
County or Municipal institutions. 



512 

(4) No member of the Hotel Supply Section shall grant a buyer 
a discount for cash in excess of two percent (2%). 

(5) No member of the Middle Atlantic industry within the metro- 
politan district of the City of Philadelphia. Pennsylvania, shall sell 
or offer to sell products of the Middle Atlantic industry without 
specifying payment on delivery, or payment in full for products 
purchased during any seven (7) day period ending on Friday in any 
week at a date not exceeding five (5) days from the close of such 
seven (7) day period; Provided howeve7\ that the provisions of this 
subparagraph shall not be construed to appl}^ to sales of or offers to 
sell products of the Middle Atlantic industry to hospitals, asylums, 
almshouses, hotels, or restaurants, or to Federal, State, County or 
Municipal penal or charitable institutions. 

(6) No member of the Middle Atlantic industry within the metro- 
politan district of the City of Baltimore. Maryland, shall sell or 
offer to sell products of the Middle Atlantic industry without spec- 
ifying payment on delivery, or payment in full for products purchased 
during any seven (7) day period ending on Saturday in any week at 
a date not exceeding six (6) days from the close of such seven (7) 
day period; Provided however^ that the provisions of this subpara- 
graph shall not be construed to apply to sales of or offers to sell 
products of the Middle Atlantic industry to hospitals, asylums, alms- 
houses, hotels, or restaurants, or to Federal, State, County or Munici- 
pal penal or charitable institutions. 

(7) No member of the IVIiddle Atlantic industr}^ within the Dis- 
trict of Columbia shall sell or offer to sell products of the Middle 
Atlantic industry without specifying payment on delivery, or pay- 
ment in full for products purchased during any seven (7) day period 
ending on Saturday in any week at a date not exceeding six (6) days 
from the close of such seven (7) day period: Provided however^ that 
the provisions of this subparagraph shall not be construed to apply 
to sales of or offers to sell products of the Middle Atlantic industry 
to hospitals, asylums, almshouses, hotels, or restaurants, or to Fed- 
eral, State, County or Municipal penal or charitable institutions. 

(0) Fictitious Prices and Statoneiits. — To make or disseminate 
any false statement of prices or of conditions of markets or any 
other false statement as to conditions in the Middle Atlantic in- 
dustry, with the intent of influencing prices either at point of origin 
(for shipment) of products or at consuming markets, or for the 
purpose of obtaining consignments or retarding consignments, or 
embarrassing a competitor. 

(p) Sales hy Agents. — To fail to comply with the following 
prohibitions : 

(1) No broker or commission merchant shall take the goods of 
a principal to his own account, without the consent of the principal, 
and without noting on the " account of sales " all facts necessary 
to a complete understanding of the fact that the goods are taken to 
the account of the agent. The consent of the principal contemplated 
herein is consent given with full knowledge of all the circumstances, 
either by way of general commitment applying to all consignment 
for sale on commission transactions between the parties until revoked, 



513 

or by way of special commitment applying to a particular trans- 
action. 

(2) With respect to goods sold for the account of a principal, 
no broker or commission merchant shall average any sales price 
with any other price or prices, without the consent of the principal, 
and without noting on each account of sales all facts necessary to 
a complete understanding of the transaction covered thereby, the 
account of sales in all cases to set forth (in addition to the special 
accounting between the parties) at least the total sales by weight 
(net) for the day of all goods of the same species, type as recognized 
with respect to waters of origin, size and condition, the prices of 
which have been averaged, plus the gross receipts from the sale 
thereof. The consent of the principal contemplated herein is con- 
sent as described in the subparagraph immediately preceding this. 

(3) With respect to any consignment received for sale on com- 
mission and so sold, no broker or commission merchant shall return 
to the principal any sum of money less or more favorable to the 
principal than that of the following which applies according to 
the facts, to wit: (a) The sales price of the consignmen