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3 9999 06317 &w ? 

OFFICE OF NATIONAL RECOVERY ADMINISTRATION 
DIVISION OF REVIEW 



ADMINISTRATIVE INTERPRETATIONS OF NRA CODES 

By 
D. L. Boland 



WORK MATERIALS NO. 73 



NRA ORGANIZATION STUDIES SECTION 
MARCH, 1936 



OFFICE OF NATIONAL RECOVERY ADM 111 ST RAT I ON 
DIVISION OF REVIEW 



ADMINISTRATIVE INTERPRETATIONS OF NRA CODES 
D, L. Poland 



NRA ORGANIZATION STUDIES SECTION 
MARCH, 19S6 



9 84 J 



M(W30W» 



F R I V. 7 OHB 



This stud^- of "Administrative Interpretations of iTJL 
Codes" was prepared by Mr. D.L. Boland, of the HRA 
Organization Studies Section, Mr. Will, m U. Bardsley in charge. 

Unfortunately, reduction of personnel in the section 
prevented full development of the subject and except for minor 
revisions the present document is the one "resented in 
December 1935 as a preliminary draft of a report on the sub- 
ject. Tevertheless, the discussion, although unfortunately 
limited, throws light on the •ro.cedure followed by I"RA in 
handling interpretations; and the appendices contain much de- 
tailed information on the interpretations actually issued. A 
statement -ointing the way to further research is to be found 
in Appendix A. 

The findings and suggestions of the study are of course 
individual utterances and not official positions. 

At the back of this report will be found a brief state- 
ment of the studies undert;J:en by the Division of Review. 



L.C, Marshall 
Director, Division of Review 



March 24, 193G 



9C43 



-i- 



TAELE 07 COETEETS 

PAGE 

Introduction 1 

Chapter I - Eases of Power 2 

Chapter II - Definition of the Terns "Iterpretations" and 

"Eot lanat ions" 6 

Chapter III - Delegation of Po"er to Hake and Issue Interpreta- 
tions anc 1 Explanations 10 

President' s Reenploynent Agreement 11 

Codes Under Section 3( a ) : 12 

Creation of National Industrial Recover"" Eoard 12 

Miscellaneous Delegations 13 

Code Authorities 13 

Chapter IV - Method of Issuance of Interpretations and 

Explanations 13 

Chapter V - Analysis of Interpretations - Cause - Types of 

Code Provisions lb 

Interpretation of Manufacture of Product IS 

Interpretation of Laoor Provisions 21 

Interpretation of Trade Practice Provisions 22 

Chapter VI - Evaluations and Conclusions. 23 

Appendix A - Further Review 25 

Appendix Eo. 1 - Outline - Interpretations and Explanations 2b 

Appendix ITo. 2 - List of Interpretations of Hour Provisions 32 

Appendix Eo. 1 ~ List of Interpretations of Wage Provisions 37 

Appendix Eo. U - List of Interpretations of General Lahor 



Provisions, 



kk 



Appendix Eo, 5 "* List of Interpretations of Occupational 

Classifications ^5 

Appendix Eo. 6 - List of Interpretations of Industry 

Classifications M-7 

Appendix Eo. 7 ~ List of Interpretations of Trade Practice 

Provisions h-S 

(including List of types of trade practice rules 



gl; ^ interpreted)^. 



PAGE 



A-p-oendix No. 8 - NBA. Procedure as to the Issuance of Interpre- 
tations 



57 



9843 -in- 



-1- 

I1TTR0JUCTI0E 



This re >ort sets forth the results of a study of "Interpretations". 
The.. various types of 1ISA interpretations have been analyzed and typical 
cases thereof are set forth. The cruses of such interpretations have 
not been fully explored, but a proximately three hundred cases have 
been e::amined for the -ournoses of this report. Such interpretations 
relate to codes, Executive and Administrative Orders, the TTA and 
other ad.mir.istrr.tive -pronouncements. It has not been -lossible to 
make a complete examination of the records of all 1TRA interpretations, 
the total of which. is estimated at one thousand. Iknvever, the inter- 
pretations examined give a fairly representative cross-section of 
the problems and questions presented. 

The primary objective of the study is to present the ex- 
periences of I~5A with interpretations and the lessons to be 
learned from such experiences. The main subjects of the presenta- 
tion are those of powers, limitations thereon, methods of exercise 
and other - ha ses which are connected with legislative prerogatives. 
Such substantive questions are set forth herein. The lesser prob- 
lems relating to administration, -irocedure and the like though set 
forth in detail in the outline of the subject (*) are treated but 
briefly. This report is primarily concerned, with KM. as a govern- 
mental a & ency and seeks to answer these questions :- 

(1) 7/hr.t was the source of ITEA's power to interpret 
codes and other documents? 

(2) That did the 1-iBA do in the exercise of the power 
of interpretation? ■ ■■■•■■. 

(3) Uhat should any future governmental agency em- 
bodying the princi les .of I'xA be empowered to do 
with respect to interpretations? 



(*)_ Appendix Ho. 1 



9343 



~2- ■ " 

CHAPTER I 

BASES GP POWER 

The National Industrial Recovery Act (*) contains no specific, 
provision permitting the interpretation of codes 'or agreements approved 
under the terms of the Act. The existence of the power of interpretation 
must find its "basis in a construction of the Act or in the application 
of general rules and principles- of administrative law. 

Section 3(a) of the Act, in part, provides; 

"The President may, as a condition of his approval of any such 
code-, 1 , impose such conditions (including requirements for the 
making of reports and the keeping of accounts) for the protection 
of consumers, competitors, employees, and others, and in further- 
ance of the public interest, and may provide such exceptions to 
and exemptions from the provisions of such code, as the President 
in his discretion deems necessary to effectuate the policy herein - 
declared." ' . 

Particular attention ■ should "be directed to the power "to impose 
such conditions." Discretion with respect to' such "conditions" is 
bread and the exercise, of such discretion could be evidenced by the 
issuance of an interpretation of a code provision, which interpretation, 
according to the finding of the- 'President , would be "for the protection 
of consumers, competitors, etc." The power conferred by Section 3(a) 
and the meaning of the term "condition" are of sufficient import to 
permit approval of a code on condition that a certain prevision or word' 
shall have a definite meaning. 

The order of approval of the Transit Indus try Code (No. 28 - Sep- 
tember 18, 1933) contains the following language :- 

"..it is hereby approved, subject to the following conditions: 
(l) In approving the Code of Pair Competition for the Transit 
Industry, it is to be understood that paragraph 2 of Article VII, 
refers to all labor agreements arrived at by collective bargain- 
ing and that as to the language of this paragraph, the approval 
shall be construed to mean that existing labor contracts between 
members of the industry and employees may be continued in effect 
to their various expiration dates, unless modified "by mutual agree- 
ment, but are not incorporated as a part of the Code, Where the 
provisions of any such expiring contracts include extensions or 
renewals thereof by arbitration or otherwise, such provisions may 
have the same force and effect as other provisions of such con- 
tracts, but in the process of extension or renewal of any such 
contracts, as provided by their terms and conditions, no working 
hours shall be set up which are in excess of the maximum allowed 
in this Code, and the minimum wage provisions shall not be less 
than those provided in this Code." 

(*) Public Resolution No. 67, House Resolution No. 5755, 73rd Congress, 
hereafter called the Act, 48 Stats. 195. 

On * t-r *-v 



-3~ 

Likewise, the order of approval of the Silk Textile Industry Code (No. 
48 - October 7 1933), in part, provides as follows: 

"..it is hereby approved, it being distinctly understood that 
the minimum wage fixed in Article IV applies only to the lowest 
paid class of labor in the industry and is a minimum '.rage for that 
class only, and that weavers, warpers, loom fixers and other 
skilled and semi-skilled workers shall be paid upon a higher wage 
scale which maintains the dollar differential above the lowest 
paid class as they existed on July 1, 1333, in accordance with the 
provisions of paragraph 3 of Article IV." 

These instances of interpretation, by means of imposition of a con- 
dition in the order of approval, show an assumption by the Administra- 
tion of the existence of interpretive powers in Section 3(a). Some re- 
liance upon this source of power could be had, if all interpretations 
were incorporated in the order of approval or a subsequent order of 
modification (*), but Sections 3(d), 4(a), 7(b) and 7(c) provide for 
other types of codes and agreements, which have no relation to the tyne 
of codes permitted by Section 3(a). 

The grant of general powers in the Act permits wide administrative 
discretion. The limits require the President to effectuate the policy 
of the Act (**). These limitations disclose a delegation of power in 
very general form and are concerned with the administrative issuance 
and approval of codes. All administrative action involves the possibi- 
lity of rule making, either for purposes of •orocedure or for the exer- 
cise of discretion. The legislative body, at the time of enactment, may 
forsee that variable considerations are not predictable. Flexibility 
may be necessary in order to administratively apply the law. In such 
cases the exercise of discretion evidenced in the form of rule making 
becomes an administrative power. In some cases the rule making po r, er 
may be conferred to supplement statutory provisions or for regulation 
of major matters without the- guidance of analogous direct provisions 
in the statute (***). 

A legislative delegation of general administration of a statute with 
a grant of rule making powers usually includes powers of interpretation. 
Preund, supra , at p.,215 says; 

"Another type -of rule-making is likewise inherent in the administra- 
tive application of the law, namely that relating to interpretation and 
resulting in what are distinctively known as 'rulings.' A ruling dees 
not, like other regulations, deal with matter left open for variable 
disposition, but defines the meaning of statutory terms and provisions. 
Where the statute is in the first instance administratively applied, 
such definition is inevitable, whether intended for the guidance of 



(*) See Section 10(b) of the Recovery Act. 

(**) See Sections 3(a), 7(b), 10(a). 

(***) Preund - "Administrative Powers Over Persons and Property "-1928, 
pp. 213 to 220, inclusive. 



_4- 

official subordinates cr fcr the guidance of the -oublic. In revenue 
legislation, in particular, such rulings or regulations are of very 
great importance. The-/ are inconclusive, if questioned in court; but 
even a court may give weight to a long established administrative con- 
struction. They may also have a qualified legal status, where the 
statute makes them binding on subordinate? or successors in office, un- 
til reversed or modified in due course (Tariff Act, 1922, pp. 502b, c; 
also Revenue Act, 1925, pp. 1108). 

"All these types of unquestionably valid rule-making may be supposed to 
be covered by the ordinary delegation of power to make rules and regu- 
lations to carry a statute into effect; and the power probably exists 
without express delegation, a possible difference being that the express 
delegation makes the rule binding upon the administrative authority 
while it stands whereas a rule voluntarily made may perhaps be looked 
upon in the same manner as 'administrative rules' are looked upon in 
courts of equitjr, namely as rules of guidance by which the authority is 
net rigorously bound." 

It is submitted that such a power existed in the NRA. The limits 
of administrative discretion were wide and, of necessity, the power to 
set forth the meaning cf statutory terms and code provisions was an in- 
herent part of the exercise of discretion. 

In support of the above contention, specific power is found in the 
Act. Section 10(a) provides;- 

"The President is authorized to prescribe such rules and regula- 
tions as may be necessary to carry out the purposes of this title, 
and fees for licenses and for filing codes of fair competition 
and agreements, and any violation of any such rule or regulation 
shall be punishable by fine of not to exceed $500, or imprisonment 
for not to exceed six months, or "both." 

This section appears to be a blanket grant of power and applies to 
those rules and regulations which are not included or implied in the 
specific grants contained in other sections of the Act (*). Likewise, 
the bread powers contained in Section 10(b) are in sup-oort of the exis- 
tence of the power of interpretation although this section may prescribe 
a different method of issuance cf an interpretation. It may also be 
argued that the grant of power contained in Section 2, with or without 
the support of Section 10(a) would permit the President to issue rules 
and regulations reasonably necessary and intended to carry out the 
purposes of the Act (**). The presence of Section 10(a) in the Act 
renders the necessity cf implications of power of secondary importance 
and leads the a\ithor to the conclusion? that this section is the primary 
and safest basis upon which to predicate the power of interpretation. 
This nredication is supported by implication from other portions of the 
Act and accepted principles cf administrative law. 



(*) See Section 6(a). 
(**) See N3A Legal Research Memorandum Wo. 447 - December 3, 1934. 



9843 



~5~ 

The power to interpret by means of rules and regulations requires 
examination of the effect of such rules. Are such interpretations mere 
administrative guides or actual declarations of law? It is conceded 
that the interpretation of statutes and the determination of the limits 
of administrative discretion rest with the judiciary. However, in- 
terpretations of the HIEA and codes by NRA arc the acts of an adminis- 
trative agency and are concerned with administrative law. The existence 
of this power judicially and administratively has been recognized. 

"A study of administrative law as a branch of the common law is 
a study on the basis of decided cases, and it is therefore 
natural to read the law in the light of judicial decisions. 
Even though it be realized that judicial law is one thing 
and administrative practice another, it is also true that 
in theory at least the practice is normally subject to judicial 
control, and that judicial contstruction is therefore a very 
legitimate test of the limits of discretion. A recognition 
of the fact that administrative practice has, so to speak, 
its own law, is not inconsistent with the recognition of 
the importance of the judicial or legal aspect of discretion, 
and vice versa." (*) 

Judicial interpretations are law. The effect of administrative interpreta- 
tions is the same as that which they interpret ,. provided the interpreta- 
tion is not unreasonable or inconsistent with the Act. The rule is well 
stated in. Ca ucus Machine Co. v. IL^JL., 282 IT. S. 375 (1930):- 

"... They are valid unless unreasonable or inconsistent 
with the statute. United States v. G-rimaud , 220 U.S. 
506, 517-518; International ay. Co. v. Davidson, 257 
U.S. 506, 514. They constitute contemporaneous con- 
struction by those charged with the administration of 
the act, are for that reason entitled to respectful 
consideration, and will not be overruled except for 
weighty reasons. United Sta tes v. Moore, 95 U.S. 
760, 763; Brewst er v. Gage, 280 U.S. 327, 336." 

Accordingly it is submitted that an interpretation of the national In- 
dustrial aecovery Act, an order or a code provision has the effect of 
the respective matter interpreted, provided the interpretation was 
reasonable and consistent with the statute and the particular order 
or code provision. 

It should be noted that Section 10 (a) created a criminal offense 
for violation of a rule or regulation. This statement connotes the 
legal effect of a rule of interpretation issued as a means of effectuat- 
ing the purposes of the Act. 



(*) Preund - "Administrative Powers Over Persons and Property" - 1928, 
pp. 51, 95. 



9843 



-6- 

CEAPTER _H 

J aTIIIITIOfl 0? THE TEBhS "Ii :TE?PRETATIQ:J" 
■■■ ■ • AI P "EXF L AEATIOH " 

An "Interpretation," in the ordinary leaning of the tern, is:- 

1. "An interpreting; specifically an exolanation of what 

is obscure; exposition; version; construction. 

"A translating; translation from one language into' 

another. 

2. "The sense given by an interpreter; exposition or explana- 
tion given; meaning, as commentator's give various inter- 
pretations of the sane passage of Scripture" (*) 

The legal definition of the tern, according to Bc.uvier, is as 
follows: 

"The discovery and representation of the t rue meaning of 
any signs used to convey ideas. Liebcr, Leg., and Fol. 
Hormcneutics. 

"The 'true meaning' of any signs is that meaning which those 
who used then 'were desirous of expressing. A person adopting 
or sanctioning then 'uses' then as well as their immediate 
author. Both parties to an agreement equally malic use of 
the signs declaratory of that agreement though one only. is: 
the originator, and the other nay he entirely passive. The 
most common signs used to convey ideas are words. "Then there 
is a contradiction in signs intendeo to agree, resort must 
he had to construction, - that is, the drawing of conclusions 
from the given signs, respecting ideas which they do not ex- 
press. Interpretation is the art of finding out what the 
author intends to convoy; construction is resorted to in 
comparing two' different writings or statutes. Construction 
is usually confounded with interpretation, hut in common 
sense, is generally employed in a sense that is properly 
covered by both when each is used in a sense strictly and 
technically correct; Cooley, Const. Lin. 70 v" (**) 

An "explanation" is usually defined as follows: 

"Act or process of explaining , 'expounding or interpreting; 
a clearing from obscurity and making legible; as, the ex- 
planation of a passage in Scripture, or of a contract or 
treaty. ... 



(*) "Jcbstcr's Hew International 'Dictionary of the English Language, 
G. A C. horriam Co., 1S3 ! +, 4 p. 1125. 

(**)3ouvicr's Lam Dictionary, Hawlo's Third Revision, Vol 2, p. 1657. 

0SU3 



-7- 

"The leaning at t Titrated to anything oy one who explains it; 

definition; interpretation; sense. 

"A mutual exposition of terns, meaning, or Motives, with a 
view to adjust a misunderstanding or reconcile differences; 
reconciliation; as, cone to an explanation." .(*) 

The f"irst official use of the tern "interpretation" "by ERA is 
found in the order of approval of the Cotton Textile Code - July Q» 1-933 « 
No official use of the tern "explanation" was made until the issuance 
of ERA Bulletin Eo. k, which set forth an official "explanation" of the 
PEA. In addition, Bulletin Eo. U contained twenty-one interpretations, 
all of which gave a more detailed exposition of certain PEA provisions 
and attempted to resolve "both patent and latent doubts as to such 
provisions. Examination of such explanations end interpretations shows 
the former to be more simple and sometimes a statement of the obvious 
and the latter a clarification of reasonably doubtful provisions. It 
i' the opinion of the author that this distinction of nomenclature was 
officially declared in the said Bulletin No. U. 

Eo of ficif.l. definition of the. terms was made by ERA, although 
various orders mentioned the term "interpretation." (**) On December 
29 1 1933) 'the Administration noted the difference in questions of in- 
terpretation witli respect to difficulty of determination. Office 
Order Eo. >3> issued on the above drte, in treating of delegations of 
power to interpret, distinguished between - 

"Interpretations -here the intent of the- 1 ah '"mage of 



the code is clear and unmic taxable 



11 



ana 



"Interpretations -..here the intent of the language of 
the code is not wholly clear ..." 



"Interpretations where the intent of the language of 
the code is in doubt ..." 

In such office order no use of the term "explanation:" ao'cars. 



(*) "lobster's New International Dictionary, of .the . ■ English Language, 
C-. ?-. C. Llorrinn Co., 153U, at page 772. 



(**) See Office P'rdcrs Nor,. IS, kc, ERA filos. 



9SU3 



-.8- 

Official recognition of the scope of interpretation problems was 
made and defined on March ?£, 193^. (*) 

This administrative definition continued to be operative until approxi- 
mately September 1, 193*+ » ^hen the Administration issued an Office 
Manual. Part III, paragraph 3110 of the Manual defined the term "inter- 
pretation" as follows: 

* Interpretation' means any ruling on the moaning of the 
language of a code v;hcrc the intent of that language is 
in doubt, or might reasonably bo expected to be in doiibt 
among informed officials of the Code Authority and N.P..A. ; 
i.e., -here a knowledge of the surrounding circumstances and 
N.3.A. policies fails to remove the necessity for a decision 
on which reasonable men, equally conversant with the circum- 
stances fnd" policies'. might differ." 

Fart III, paragraph Jill of such Manual provides:- 

"•Explanation' means any statement as to the moaning of the 
language •/here the intent of that language is not in doubt 
among officials of the Code Authority or IT.H.A, ; i.e., 
'"/here a knowledge of the surrounding circumstances removes 
the necessity for a decision on which reasonable men, equally 
conversant with the circumstances and policies, might differ." 

The said Office Manual contains the folio-ring statement i- 

"Supcrscding all previous Office Orders and Memoranda, in- 
cluding; all Administrative Orders and all Executive Orders 
with general application of N.R.A. " 

The Manual '-/as ordered by the direction of the Administrator' and was 
signed by the Administrative' Officer. 

Examination of such definitions shows that the distinction between 
the terms "interpretation" and "explanation" was marked by r norm as to 
what constituted doubt. Office Order No. 75 refers to doubt of reason- 
ably -veil informed officials, making' the ruling, while the Office Manual 
sets up reasonably expected doubt of informed officials of the code 
authority and the ERA. This difference of determination shows the spe- 
cific line of demarcation between m interpretation and an explanation, 



'(*) See Office Order No. 75i v hich, in part, provides : - 
Dcfinitions, 

1. I nterpretation s. 
This term includes all rulings on the meaning of the language of a code 
where the intent of that language is. in doubt; i.e., where a knowledge 
of the surrounding circumstances and of the general policies of NBA on the 
part of the person making the rulings fails to remove the necessity for 
a decision on which reasonable men, equally well informed, might differ, 
'here no decision is required on which reasonable men, equally veil in- 
formed, might differ,, the ruling is not an interpretation but merely 
an explanation*' 1 



SSU3 



-9- 

but the method thereof discloses an indication by lOA to enlarge the 
norn as to KEA officials and to include the reasonableness of infoma- 
tion of code authority officials. It should' he noted that knowledge 
of both surrounding circueistanc.es and EPA policy vrcrc requisites for the 
determination of reasonably informed officials. 

The effort to operate --ith this dis*i:r?e"tion. resulted in many 
variations therefrom. Procedure demanded certain consideration of 
questions of interpretations. ,• , such treatment being subject to the 
prccedont dotominrtion as to the typo of question presented. Errors 
occurred Thereby explanations •.-ere treated as interpretations and vice 
versa. Expediency often caused lrnoming deprrture from the ruli_s -.hereby 
interpretations "ore issued in the form of explanations , mithout any 
consideration thereof by the varior,s advisory boards. Employees in the 
field, especially ac.justors, considered interpretation and explanation 
problems daily and decided them, although., in many cases they mere not 
up-to-date in their I:no-.7lcdgo of EPA policies (one of the requirements 
of proper determination.) Individual decision, ofti_n disregarded the 
question of other reasonably informed officials. Code authority officials 
v.'erc not consulted. In short, the requiremente mere not followed and, 
if rdherec. to, the actual determination v:as difficult. The distinction 
of the terms, mith an attendant relaxing of control of the corner of 
explanation, created more opportunities for errors and ^assumption of 
authority, resulting in little or no knowledge of the type of decisions 
rendered. It is suggested that such a distinction of terms and the 
questions of delegation and control involved do not permit the continu- 
ance of such a system. Control, closely guarded po"er and a complete 
record of the exercise of the pomcr of intex'pret-' '"ion is necessary. It 
is therefore suggested that explanations, as such, should be abolished; 
that the only questions subject to consideration, shoxild be ones of in- 
terpretation; and that a control, board be empowered to determine the 
initial question as to rnhgthcr or not a problem for interpretation 
exists. Such ctmtralization mould insure proper Determination and 
uniformity. 

In addition, uniform usage of the .term "interpretation" is 
suggested. It is true that very fc'v terms more used in place of 
"interpretation."': Some orders used "construed" and "applied." (*) 
One term mould satisfy all situations and prevent possible misinterpre- 
tation. 

As stated above, various administrative definitions of the term 
"interpretation" -ere established. Uniformity of meaning is desirable. 
It is therefore suggested that no-' legislation, if any, contain a 
definition of the term "interpretation," and that such definition, if 
possible, create the most simple modes of .determining the existence of 
an interpretation problem., as arc possible. 



(*) Sue Executive Order Eo. 67f>0-C 



9gU3 



-10- 

CHAPTEH I II 

DELEGATION OF POWER TO MAKE AND ISSUE 
INTERPRETATIONS AND E XPLANATION S 

Under the terms of Sections 2(a) and 2(b) of the NIRA, the President 
was authorized to establish such agencies, accept the services of and to 
utilize Federal officers and employees, prescribe their authorities, and 
to delegate any of his functions and powers under the title of the Ace to 
such officers, agents, and employees. The particular sections in ques- 
tion are as follows: 

To effectuate the policy of this title, the President is hereby 
authorized to establish such agencies, to accept and utilize 
such voluntary and uncompensated services, to appoint, without 
regard to the provisions of the civil service laws, such officers 
and employees, and to utilize such Federal officers and employees, 
and, with the consent of the State, such State and local officers 
and employees, as he may find necessary, to prescribe their author- 
ities, duties, responsibilities, and tenure, and, without regard 
to the Classification Act of 1923, as amended, to fix the compen- 
sation of any officers and employees so appointed." 

"The President may delegate any of his functions and powers under 
this title to such officers, agents, and employees as he may des- 
ignate or appoint, and may establish an industrial planning and 
research agency to aid in carrying out his functions under this 
title." 

Pursuant to this authority, the President on June 16, 1933, by Execu- 
tive Order No. 6173, appointed Hugh S. Johnson, as Administrator for Indus- 
trial Recovery under Title I of the Act. Under the terms of the said 
order the President further appointed a Special Industrial Recovery Board 
to be composed of the Secretary of Commerce as Chairman, the Attorney 
General, the Secretary of the Interior, the Secretary of Agriculture, the 
Secretary of Labor, the Director of the Budget, the Administrator for In- 
dustrial Recovery, and the chairman of the Federal Trade Commission. The 
Administrator for Industrial Recovery was granted authority for thirty 
days, subject to the approval of the Special Industrial Recovery Board, to 
appoint the necessary personnel on a temporary basis and to conduct the 
work authorized under Title I of the Act. On July 15, 1933, the President, 
by Executive Order No. 6205-A, continued the appointment of Hugh S. Johnson 
as Administrator for Industrial Recovery and authorized him, subject to 
the general approval of the aforementioned Special Industrial Recovery 
Board, to appoint the necessary personnel on a permanent basis, and among 
other things to exercise functions invested in the President by Title I 
of the Act, except the approval of codes, making of agreements, issuance 
of licenses, or exercise of power conferred in Sections 3(e), 6(c), 8(b), 
9, and 10. 

No specific mention of the power of interpretation is contained in 
any Presidential order conferring authority upon the Administrator or the 
National Industrial Recovery Board. The reservation of power of Section 
10(a) contained in Executive Order No. 6205-A would indicate a non-dele- 
gation of the power of interpretation in view of the discussion in Chapter 
I, ante . 

9843 



-11- 

Several subsequent Executive Orders authorized the issuance of rules and 
regulation's as to specific natters (*), "but no mention of "interpretations" 
is found therein. It is true the grants of power set forth in Executive 
Orders Nos. 5173 and 6205-A are general in terms, "but if the "basis of 
the power of interpretation lies in Section 10(a) then it would follow 
that no proper delegation of such power was made, subject to the ex- 
ceptions wherein authority to prescribe rules and regulations re- 
garding certain specific matters was conferred. It may be argued that 
the delegation of general powers carried the implied power of interpre- 
tation. Part of the discussion in Chapter I, ante , would support such 
a contention, which is the only basis upon v/hich, with a few exceptions, 
the power of interpretations may be predicated. 

The investigation of the record of delegations by the Administrator 
shows an admitted assumption that the power of interpretation had been 
conferred upon him. Various Administrative Orders delegated the power 
of interpretation to various ISA officials and for purposes of this 
report, such delegations relating to codes and the PRA will be treated 
separately. 

'• '. - President's Reemployment Agreement 

On July 20, 1933 the president announced the President's Reemploy- 
ment Agreement (**) widely known as the PRA. The language of this 
agreement required explanation and interpretation practically from its 
inception, mainly because of its general application, so on August 7, 
1933, the Administrator created the PRA Policy Board and authorized it 
to issue "all interpretations of PRA requested by the Industrial 
Mediation Board, General Hammond or other proper authorities" . 
Apparently the bulk of requests for interpretations of the PRA in its 
early stages referred to questions of display of the Blue Eagle and the 
Blue Eagle Division of the NBA (***), with the approval of the Adminis- 
trator, issued interpretations. Later, the above mentioned Policy 
Board was abolished and the Blue Eagle Branch (formerly Blxie Eagle 
Division) of the Compliance Division was empowered to interpret PRA 
provisions (****). 

No further specific delegations of the power of interpretations of 
P?A provisions have been found. 

Explanations of the PRA were given in official form (*****), "but 
practically all such explanations were issued formally. The PRA 
authorities in Washington and the local BRA Compliance Boards (voluntary 
organizations established in cities, towns and villages) undertook the 

(*) ""Executive Orders No~.~6590-A, 6590-B, 6678-A. 

(**) See NRA Bulletin No. 3, NRA Piles. 

(***) See KRA Bulletin No; 4 - "Official 'Statement of the Blue 

Eagle Division of KRA," NBA Piles. 
(****) Office Order NO. 40 - October 26, 1933, KRA files. 
(*****) SeQ NBA Bulletin No. 4, KRA 'files. 



9843 



-12- 

explanation to the American public of the meaning of the PRA. The 
author has had no opportunity to investigate the records of such ex- 
planations, but from persona,! experience it mat he said' that no con- 
trol of audi explanations, was successfully maintained and that many 
explanations' were issued which were in fact interpretations. 

- CQdes Under Section 5 (a) 

The codification of Industry created the administrative problem of 
proper interpretation of codes. At the outset of NBA interpretations 
of codes were informally issued "by deputy administrators. No official . 
delegation of this authority is found, hut on December 29, 1933 the 
Administrator issued Office Order No. 53, which provides: 

"The deputy administrator is the deputized representative 
of the Administrator for Industrial Recovery, and, under 
the supervision of the division administrator, acts for 
him within the scope of his delegated authority and re- 
sponsibility."' 

"The Administrator has delegated to deputy administrators, 
under the supervision of the division administrator, 
authority and responsibility for the interpretation of 
codes." 

Increase in the number of interpretations required coordination and 
control of the issuance of interpretations, so that on March 26, 1934, 
the Administrator, in Office Order Ho . 75, designated division adminis- 
trators as the only lesser officials empowered to approve, disapprove or 
modify rulings of interpretations. The order also provided that such 
ruling would be final, subject only to the ultimate disapproval by the 
Administrator. Violations of this limitation of power occurred from time 
to time, resulting in a confirmation of the division administrator's 
power (*) . 

The NRA Office Manual reiterates the power of the division 
administrator (**). The Manual further states that general inter- 
pretation are issued over the signature, of the Administrator and that 
explanations are issued by the dep\ity administrator in charge of the 
particular code. (***) 



Creation of National Industrial Recovery Board 



In September, 1934, the President decided upon a. change in. the 
form of the administering body of the National Industrial Recovery Act. 
fceneral Johnson had resigned as Administrator for Industrial Recovery 
and on September 27, 1934, the president, by Executive Order No . 6359, 
created the National Industrial Recover Board, consisting of seven m 
members. The order appointed S. Clay Williams, A. D. Whiteside, 
Sidney Hillman, Leon C. Marshall, and Walton Hamilton as "members of the 
Board, and appointed Blackwell Smith Legal Adviser and Leon Henderson, 
Economic Adviser to the Board. These two advisers served as ex-officio 

(*) See Office Memorandum No. 243- July 6, 1934, NRA Piles. 

(**) Part III, '.par. 3132.1. See also Appendix. 8. 

(***) NRA Office Manual, Part III, par. 3121.1., 3130.2, NRA Piles. 



-13- 

members of the "board. The five members aaoointed (other than ex-officio 
members) were empowered to administer, under the direction of the Pres- 
ident, Title I of the Act, arid the board was authorized to exercise 
all powers theretofore conferred by executive orders upon the Admin- 
istrator for Industrial Recovery. This creation of the board necessarily 
transferred to it the -cowers of interpretation which had theretofore 
been held by the Administrator. 

Miscellaneous Delegation s 

A further delegation of -nower was made with respect to the issuance 
of interpretations on Aoril 9, 1934, when the Administrator created 
the office of Administrative Officer and designated such officer "to act 
on all matters not otherwise assigned which do not require the Adminis- 
trator's personal attention, . including final atroroval in the name of the 
Administrator of codes and other documents reauiring the Administrator's 
action ***». The National Industrial Recovery Board continued this 
office and its order conferring the authority states "to execute any 
or all papers, documents, or other instruments* in writing reauired in 
the performance of the functions and -Doners delegated to said Board by 
said Executive Order and otherwise, including, but without limitation, 
the power to issue orders, ap-orovals, rules or regulations." (*) 

A few delegations of the nower of interoreta.tion were made in 
connection with certain phases of code administration. Executive Order 
No. 6646 required submission of certificates of compliance with codes 
by Government contractors. The various questions regarding this -part 
of NRA work related to compliance and, on I.iarch 1, 1935, the power of 
interpretation of matters relating to Government contracts was delegated 
to the Compliance and Enforcement Director. 

The necessity of efficient handling of aiyolications for interpretations 
motivated the authorization of the Chief of the Compliance Division to 
grant or deny an application for an interpretation which had been re- 
ferred by any of the state compliance directors (**), when the ordinary 
procedure leading to a decision by a. division administrator had caused 
undue delay. 

Under the terms of Office Order No. 97, June 23, 1934, the determina- 
tion of "localities" under Executive Order No. 6723 (relating to local ser- 
vice trade agreements) was delegated by the Administrator to the several 
division administrators. 

Code Authorities 



Certain codes, by their terms, authorized code authorities to issue 
interpretations of the -orovisions of the codes they were administering (***) 



(*) Administrative Order X-107, November 1, 1934 - Administrative Order 
X-93, September 23, 1934, NEA files. 

(**) Office Order No. 108, August 16, 1934, N1A files. 

(***) See Article XI, Section 5 - Iron and Steel Code, Codes of Fair 
Comnetition as ar>-oroved, U. S. Govt. Printing Office. 

9843 



-14- 

Other codes permitted their code authorities to, issue bulletins and infor- 
mation in the form of rules and' regulations to the members of their respe< 
tive industries or trades. This report, is not concerned with the activi- 
ties of code authorities in this . respect, but it is submitted that such 
delegation by NRA of the power of interpretation was improper and should 
be legislatively prohibited (*)<■ It is further suggested that the power 
of code authorities to issue rules end regulations which are substantive 
in nature and actually interpret code provisions should meet similar 
legislative prohibition, ... ; . . :( 

(*) See ERA Legal Research Memorandum Eo. 785 - Memorandum on the power 
of code authorities to grant exemptions and to make binding interpre 
tations - jTor collection of authorities,. ERA files. 



3843 



i 

-15- 



CHAPTEH IV 



METHOD OP ISSUANCE OP INTERPRETATIONS AMD EXPLANATIONS 



The exercise of the power of interpretation and explanation 
was evidenced in several wrys. On some occasions a conditional 
order of approval was used whereby the President or the Adminis- 
trator approved a code on condition that certain language in the 
code shall "be interpreted to have a certain meaning (*). In other 
instances interpretation of codes was made by issuance of an Execu- 
tive or Administrative Order whereby a certain meaning was applied 
to a certain type of code provision. (**) It may be argued that 
such an order is in effect an amendment of a code, but the language 
used in such orders ("construed", "interpreted", "applied") connotes 
an exercise of the power of interpretation. The third and most 
usual method of interpretation was an administrative order or 
ruling which set forth the particular interpretation (***) . Such 
orders were in most cases confined to the provisions of one code. 

Explanations were issued informally in oral or written form. 
Written explanations were announced in ordinary letters, or by 
telegram if speedy ansvjer was required. 



(*) See for example Condition No. 8 of Order of Approval of Cotton 

Textile Code - Code No. 1, Codes of Pair Competition as Approved, 

U. S. G-ov't Printing Office. 

(*T) See Executive Order No. 6355. 

(***) See Administrative Orders Nos. 278-38,; 118-135, NBA files. 



9843 



-16- 



CHAPTER V 

ANALYSIS OF INTERPRETATIONS - CAUSES - TYPES OF 
CODE PROVISIO NS 

Practically all types of code provisions were subjected to interpreta- 
tions, which were issued "by NRA for various reasons. At the outset, few 
people realized the extent, scope and ramifications of codes. The div- 
isions of American industry and trade, the various types of employes and 
laboring conditions and the many trade practices ->nd usages existent in 
American industry and trade were matters of conjecture at the time of 
NRA code-making. It was hoped that most situations could "be met by codes, 
but experience and administration required elaboration of such provisions. 
Similar situations marked the issuance of Executive and Administrative 
Orders, thereby causing interpretations of such administrative pro- 
nouncements (*) 

Codes and the administration thereof in some cases conflicted with V 
existing legal principles or policy determinations of NRA. These conflicts 
resulted in issuance of general interpretations which by their terms, 
interpreted all pertinent code provisions so as to remove any doubt as to 
the meaning thereof. A tabulation of such general interpretations is as 
follows : 



EXECUTIVE 
ORDERS 

6355 



6464 



6606-A 



6606-F 



6711-A 



ADMINISTRATIVE 
ORDERS 



X-35 



6750-C 



DATE SUBSTANCE 

10-23-33 No provision in any code shall be 

so construed as to prohibit payment 
of patronage dividend, 

11-27-33 Interpreted commercial bribery pro- 
visions. 

/ 
2-17-33 Further interpretation of Ex3 cutive 
Order No. 6355. 

2-17-33 Interpretation and application of 
labor provisions affecting handi- 
cap c d wo rke r s . 

5-15-34 Interpretation and application of 
labor provisions affecting certain 
home worker s . 

5-18-34 Defined farmers' and consumers' 
cooperatives 

6-27-34 Interpretation and application 
of certain labor "orovisions as 
they affected apprentice train- 
ing programs. j 



(*) See Administrative Orders Nos. X-78, X-36-2 ; Executive Order N . 6606-A 
LIRA files | 



-17- 



EXECUTIVE 
ORDERS 



ADMINISTRATIVE 
ORDERS 

X-78 



DATE 



SUBSTANCE 



3-21-34 Interpreting order of termination 
of exemption granted in Par. Ill, 
Administrative Order X-36 



X-95 



X-106 



10-12-34 Interpreting Executive Order No. 
6G06-A insofar as it applied to 
allowance of brokerage commissions 
to cooperative organizations. 

10-25-34 Interpretation of provisions rele- 
vant to collection of expenses of 
code administration. 



X-12< 



12-17-34 Interpretatiqnof effect of t em~ 
porary interruptions in work be- 
yond control of employee as 
affecting maximum hours and com- 
putation of wages under various 
codes. 



X-130 



X-134 



X-137 



X-36-2 



1-4-35 Interpreted provisions in codes 
which extended minimum hourly 
rate of pay to piece workers. 

1-26-35 Interpreted application of home 
work provisions as contained in 
various codes. 

3-15-35 Interpreted provisions in various 
codes prescribing term of employ- 
ment of learners and apprentices. 

3-30-35 Interpreted exemption in para-r 
graph III, Administrative Order 
Ho. X-36. 



All codec contained statements as to their jurisdiction. Definitions 
of products, service and methods of manufacture, or distribution were set 
forth. Likewise, definitions of industry or trade members and various 
classes thereof were parts of codes. The result was applications for inter- 
pretations of such jurisdictional statements. Some interpretations decided 
whether or not a particular member, service or product of an industry or 
tra< e came within the scope of ra code. Primarily these questions were 
ones of classification but the decision thereon depended upon interpretation 
of the code provision, A few examples are: 



9 343 



-18- 

INTERPRE TAT IONS OF MANUFACTURE OF PRODUCT S 

ORDER NO. 

71-30 Determines code covering manufacture of patching planter, 
84-96 Manufacture of steel manholes placed under Fabricated Metal 
Products Code 
393- 2 Manufacture of flax rope placed under Soft Fi"bre Mfg. Code, 
470- 6 Manufacture of aluminum wire placed under Aluminum Code. 

Some questions arose as a result of overlapping definitions; e.g.,: 

430-14 Manufacture of cough f-.rops determined a part of Package Medicine 
Industry rather than Candy Mfg. Industry. 

470- 6 Manufacture of aluminum wire under Aluminum Code rather than 
Electrical Manufacturing Code. 

Questions as to the type of service included under a code arose, 
e.g., Order No. 101-21 - Cleaning and Dyeing Trade Code decided that 
the cleaning of curtains end rugs "by processes defined in said code 
was subject to its provisions. 

Some interpretations as to application of a code referred to methods 
of manufacturing, e.g., Order "Jo. 83-23 - addition of water to concentrated 
soap, thereDy producing liquid soap, comes tinder the Soap and Glycerine 
Code. 

Considerations of geographical areas relating to industrial subdivision 
caused interpretations as to areas etc., e.g., Philadelphia and New York 
v/ere determined to 'be near points of cultivation, Order No. 308-A-6, Fresh 
Oyster Code. 

In some cases doubt arose as to whether or not the particular interest 
or activities of an individual mode him a member of an industry (*)• 
Similar cases involved an interpre. tation of the term "manufacturer" (**) 

The -author has examined the various administrative orders issued "by 
NRA up to March 15, 1935 and containing interpretations as to classifi- 
cations of various products, industry groups, or the (application of a given 
code to a certain type of operations, etc. 

A tabulation thereof shows the following: 



(*) See Orddr No. 57-9 , Pump Manufacturing Industry Code, NRA files. 

(**) See Orders N s. 98-6 and 98-19 - Fire Extinguisher Code - Order No. 
279-10 - Steam Heating Equipment Industry Code. NRA files. 



-19- 



IQUSTBY 



OBDEB 



DATE 



Aluiinun Indvistry 

American Petroleum. Equip icnt 

Architectural, Ornamental ft iiisc. 

Iron, Bronze '.. : irc ft Iletal Spccir-ltics 
3r.nl; Instrument i-fg. Industr;? 1 
Business Furniture, Storage Equipment etc, 
Canning ft Packing Machinery ft Equipment 
Canning Indus H ry 
Cleaning ft Dyeing Trade 

Cor.t & Suit Industry 



Commercial Refrigerator Hfg. 
Complete "Tire ft Iron Tcwcc Ind, 
Concrete Masonry Indus try 

Concrete Pipe Mfg. Ind. 

Cotton Garment Industry 

Cotton Textile 

Curled Hair Mfg. ft Horse Hair Drcssij 

Cylinder Houlc ft Dandy Boll 

Dress Manufacturing Ind. 



^70- 6 
SR- 4 



.Electrical Industry 

Electric -ft Neon Sign 
. Fabricator Ilctal Products 



Fertilizer Industr; 



Fire Extinguishing Appliance 

Fresh Oyster Industry 
Burn i tur e I if g . - 

Graphic Arts 

Laundry Trade 

Leather ft TToolcn Knit Glove 

7i:icstonc Industry 

Lumber ft Timber Products 

rierchandiso Barchousing Trade 

Aluminum Pcrnanent Hold Castings 

Non-Ferrous Foundry Ind. 
Novelty Curtains, Draperies, etc. 



S4C2-2 

273- 12 

ss- 27 

75- s 

kkG- jh 

101- 21 

101- 22 

5- 7 

5- 17 
1S1- 5 

5'4L1~12 

133- 10 

133- 13 

IS 5- 10 

11s- 1+5 

1- £4 

H27- 6 

3 - 10 

$4- 11 

G4- ill 

4- 3SA 

4- 77 

506- 11 
s4- lis 
sU— 69 

S4- 96 
SU-119 

Sl-"l 

67- 9 

•67- 10 

67- 14 

67- 33 

67- 52 

~:~ 6 

9S- 19 

30SA- 6 

1U5-.IS 

145- 24 . 

2S7-54A 

2S1- 35 

17- 22 

113- 6 

5- sU 
232- 4 



165- 4 

79- 4 



Hovenber 5, I93U 
I larch 28, 193 1 ! 

January 6, 1935 
January 9, 1935 
Nov enter 30, 1934 
Hay lb, 193U 
December 6, 1934 
July 27, 193^ 

August 30 r 193U 

Hay 17, I93U 

Hay 31, 193U 

April 19, I93U 
Hovenber 23, I93U 
August 23, 193U 
October 15, IS'3 1 ! 
July IS, 193U 
April 5, I93U 
August 2U/193U 
Novcnber 26, 1934 
August 17, 193U 
June 1, I93U 
June 27, I93I4- 
August 22, 193U 
February 13, 1935 
January 22, 1935 
August 9, 135 U 
Hovenber 1, I93U 
December 20, I93U 
February 27, 1935 

Larch 27, 1934 
April 12, I93U 
April 12, I93U 
April 12, I93U 
Hovenber 13, 193^ 
Harch 4, 1935 ' 
July 23, 1935 
Hovenber 22, 1934 
August 15, I93U 
July 31, I93U 
October 12, 1934 

September 7, 133U 
Hovenber 24, I33U 
Aeril 23, I93U 
July 2?, I93U 
April 6, 193I+ 

lie- 17, 153)1 
January 24, 193U 



9843 



-20- 



IFDUSTPY 

Optical Hfg. Ind. 

Paint, V-rr.j.s".. <!• Lacquer Mfg. 



Paper Distributing Trade 

paper & Pulp Ind. 

Porcelain Breakfast Furniture 

Pu::p i,ifg. Ind. 

He tail Food & Grocery Trade 

lubber, iifg. 



Sand Lire Brick Ind. 

Sanitary d "Jatcrproof Specialties 

SLatc Industry 

Soao & Glycerine i.ifg. 



OPDI 



Soft Fibre lifg. 

Special Tool Die & Machine Shop 

Ejt can. Heating Equicucnt Ind. 

Stereotype Dry Hat 

Toy & Ploy things 

Transit Industry 



Trucking Industry 
TJndcrgarnont & Negligee 

V"lvcs & Fittings lifg. 
Velvet Industry 
""holcsalo Confectioners 
'.Tholcsaling or Distributing Trade 
'Jholcsalc Food & Grocery 

Fire Pope ?■. Strand Ivifg. 

V.'ool Textile Ind. 

Trucking Ind. 

Infants' ?■ Childrcns' ".'car Ind. 



49- 


9 


I ■'-" 


17 


71- 


30 


71- 


kl 


71- 


62 


176- 


16 


120- 


Q 


239- 


12 


57- 


9 


1S2- 


23 


156- 


51 


156- 


53 


365- 


2 


3U2- 


15 


213- 


16 


S3- 


11 


33- 


17 


S3- 


20. 


53- 


22 


83- 


23 


rf-i 

5j)- 


3^ 


393- 


2 


122- 


19 


279- 


10 


H92- 


5 


36- 


6 


SS- 


16 


23- 


S 


2S- 


.12 


23- 


lU 


23- 


is 


23- 


20 


23- 


21 


27S- 


137 


Uos- 


23 


133- 


11 


133- 


6 


!+5S- 


16 


201- 


2^ 


196- 


30 


196- 


32A 


sUhi 


- 7 


3- 


11 


273- 


35 


373- 


22 



193U 



DATE 

Fov. 26, 1934 
Hay 2S, 193 >+ 
August 15, I93U 
K'ovcnbcr 13, 1954 
February 12, 1935 
August 17, 193U 
liay 10, 193^ 
August 22, 133U 
July 24, 193I+ 
August 22, 193U 
Hovcnbcr 13,1934 
Dccenbcr 3, 1334 
April 27, I33U 
November 9, 
July 31, 133 1 + 
June 5, 153^ 
July 30, 193^ 
July 30, 133^ 
August 2, 193^ 
August 2, I93U 
October 29, 1334 
May 21, 1934 
September 22,1934" 
January 3, 1935 
Doccnbcr 15,1934 

i^y s, 1334 

July 30, 193^ 
Aoril 25, 193^ 
April 26, 193U 
April 26, 193^ 
April 23, 193^ 
April 26, 193^ 
Aoril 26, 1934 
Dccenbcr 27,1934 
Deccnbcr 4, I93U 
Sc-otenbcr 12,1934 
May 3, 193^ 
Septcnbcr 23,1334 
Novcnbcr l4, 193*4- 
August. 25, 193U 
Septcnbcr 22,1934 
October 24, 1334 
April 19, 193^ 
October 1R, 1934 



9SH3 



-21- 



I ntc :.""■!" 



;ion Of Labor Provisions 



:;oct 



t.ioi 



la.t-d to 



"Lor r, re- 



visions'.. The " r -~y questions as to ri ;lits of .. raloyo.rs and urolo;'xs 
- -it 1 ! 'r;.sp.c : t to hours, v/agcs, general ia.bor provisions, together vith 
questions, of classes of orjpiov-pes, types of -.rorlr, union contracts, so: 
diff crentials and equitable, adjustnent of nages caused a great nunber 



of applications "or interpretations. The 



;iio: 



has o:~a: lined all of 



such interpretations and hag sot forth in various appendices hereto 
attached and r.uifoercd 2, "j, U, and 5, r - tabulation of these interpre- 
tations. The tabulation contains certain headings and subheadings, 
under -,'hich arc ?.'i steel the various interpretations relating thereto. 



investigation 



Longer o.o\ 



'S - 



iO" 

nor 



revisions related to overtine, 
id averaging provisions. The 
that, -here special classes of employees vcrc given 
iutcroretations of such provisions --ere roouested. 



host of the into: probations of hour 
seal: periods, encryptions for emergencies 



Other questions presented for 

of code on existing labor agree vents 

executive erroloTees, 



orpretation referred to holidays, effect 



no c::c:TO'cionr, o: 



;c clinical and 



e questions, in nost cases, required interpretation of overtine, 



oiece vrorl: anr eciui table readiustnent c 



int erpretations , 
employees; e.g. , 



:ie p 

r\1 r--. 



cii:-:eren 



":o: 



orders, 



* special 

ere 



.aus s . 

'eated ; 

n< . ligj 
subjected to interpretation. The -.aj. rity of intc 
to overtine rates vcre based upon improperly v.'orded averaging; provisions 
for overtine and oeal: pe:.-iods. In addition, sor.e coubt e:;istec in codes 



"(.visions "men c 
'.en, cr vertices 

he vj n 



As in the ca.se of hour 



) :. e t r t i o n s re i at i iv 



to 



. .i 



lietner o: 



not 



n.e overtine r; 



;es arp-olied to all enployees inclu- 



ding special cla.sses set forth in the code. The interpretations of 



piece vrorl: 
uethods of 



equitable readjust, lent clauses ,T ere concerned mostly vith 



;o:r: 



;ion of the 



\ge, both normal and overtine. 



Appendix Ho. 4 shows the interpretations of general labor provisions, 
and discloses that apprentice provisions were the cause of r.ost of such 
int eroretat ions. 



tain 

in ci 
or a 
as to 
e: iplo 
were 
based 
tatio 
sanol 



Appendix l-Io. 5 lists the interpretations of terns describing cer- 
types of enployees. These interpretations --ere presented to KRA 
ther the form of a direct question; e.g., 'That is a professional, 
state-ient o: r facts showing certain duties followed with a question 
whether oi not the duties uere those of a particular hind of 



r ee. 



In sone ca.se s specialize* emoloyees o 



classifief. in co^es, thereby 
upon particular trade usage 
n of the gen's Clothing 0o ; e, 
cs oi such interpretations. 



r i n : " '1 e i ndu s t r y 
requiring; interpretations which -ere 
The orders of interprc- 
ire 



?.nc_ cus ton. 



listed in Appendi:: No. 3» 



Host interpretations 



ffecting labor involved labor "orovisions. 



ho - "'e" r er, in sone cases the application for interpretation referred' to 
naves or hours, but the determination o:~ the question cependeel upon 
an '.industry or trade classification. Such ca.ses are set forth in 
Appendix I7o. 6, attached hereto. 



03H3 



-22- 

Interoretations Of Trade Practice Provisions 

The author has examined all of the interpretations of trade practice 
rules formally issued 07 NBA fron June l6, 1S33 tp.IIarch 15, 1935- ?he 
investigation disclosed that nost of such interpretations referred to 
■orovisions relating to prices or price regulation. Price filing caused 
problems as to effective dates, dates of revision, access to records, 
forns of price lists. Pricing provisions raised questions as to cost 
"basis, inclusion' of tazes in prices, application of provisions to sales 
"between incus ':.ry members and privileges of sale to meet competition. 
Codes containing uniform discount and credit provisions and prohibitions 
against advertising allowances vere subjects of a number of interpretations, 
The author has been unable to set forth in detail the substance of all 
trade practice interpretations, but Appendix No, 7> attached hereto, 
lists the codes relating to "hich the various interpretations -.'ere 
issued and the type of code provision affected. 

No interpretations of the administrative provisions of the codes 
vrere found in assembling the material for this study. 



S*3 



-23- 

CIL'^PIZiri VI 

^TALU-ciors a 3 coitsl'tsioes 



The -purpose of the power of interpretation 
exercise is to clarify legislative and administrative pronouncements. 
Its use and exercise depend upon legislative {--rant anc. administrative 
lav dictates that the exercise of this power should he fair and reason- 
able. Ho mentions the tern "interpretation" or any power thereof is 
found in the Recovery Act.. Ahy'su'ch power is based purely upon a con- 
struction of the Act, the -wording of which is sufficient for an impli- 
cation of a grant- ': of power. In vie-' of this lack .of specific mention 
of the ten and statement of pover, it is suggested that contemplated 
legislation, if any, -with objectives similar to those of the HI3A., make 
•specific refe once to the pover of interpretation anc. that full and 
adequate provision be made •.•hereby the agency charged vith the adninis- 
tration of any ne: act be permittee, to exercise this power at any or all 
times, either jene'ralljr, or specifically.' 

Administrative attempts to define the terms "interpretations" and 
"explanation" created a distinction, the boundaries of which were dif- 
ficult of determination. The methods of issuance and control of 
"explanations" were incapable of effective administration. The atten- 
dant questions of delegation .demanded vide decentralization, thereby 
resulting in farther breakdown of. the administrative procedure. It is 
suggested that "explanations" .as a basis for administrative action 
be abolished and that the administrative agency be empowered to issue 
"interpretations." An administrative.- board of control, for purposes of 
uniform and correct determination, is farther suggested. Simple guides 
anc". standards should be established '-.'hereby the preliminary question 
as to whether or not an interpretation problem is presented can be 
easily determined. 

The exercise of the pover of " interpretation" by ERA "as without 
specific delegation thereof. The existence of the power in 1J3A officials 
is, with a few exceptions, based upon implications from grants of other 
powers. It is Suggested that delegations contain specific reference to 
the power of 'interpretation and that such delegations be confined to the 
administrative head or board, with as few delegations to lesser officials 
as possible. If the number of applications for interpretations warrants, 
the creation of an office of an "Interpretation Officer" is suggested. 
These suggestions may cause some delay, but the interests of correct 
interpretation seem to the writer to outweigh the questions of delay. 
If property and personal interests are dependant upon an interpretation, 
a regulation -"hereby the receipt of a bona fide application would grant 
an automatic exemption pending official interpretation is suggested. 

It is suggested that a legislative prohibition against delegations 
of power of interpretation to such agencies as code authorities should 
be set up. 

It is a maximum of statutory construction that an act of Congress 
will be li .rally construed by the courts in order to give effect to 
the intention of the legislative body. It is also a rule. of statutory 
construction that acts of Congress creating a punishable criminal offense 
will be strictly construed in favor of the "oerson accused. 



-24- 

From a consideration of these two opposite modes of construction, 
it logically follows either that the court could construe a general 
grant of power to make rules and regulations under Section 10(a) as "be- 
ing restricted in its criminal operation to those violations only which 
the court considers to have "been intended "by Congress; or Section 10(a) 
may "be construed as confining the power granted to those rules and 
regulations alone which are penal "by intendment, and a general grant 
of power to make other rules and regulations may he implied from the 
act itself. 

It should he possible to construe Section 10(a) as granting a 
general power to the President to prescribe rules and regulations for 
which a penalty may attach only in certain prescribed instances. In 
view of the fact, however, that the section makes any violation 
punishable, the better course would probably lie in insisting upon the 
construction of Section 10(a) as being restricted in scope to those 
rules and regulations only which have a penalty prescribed. Otherwise, 
the objection might be raised in a criminal proceeding that the statute 
prescribing the penalty was void for uncertainty in not informing the 
violator of the exact nature of his obligations. However the Act is 
interpreted, consistency is necessary to avoid complications. It is 
therefore suggested that future rules and regulations, if any, contain 
a clause specifically referring to the criminal effect of violation 
thereof, if new legislation should incorporate the substance of the 
present Se'ction 10(a). 

'Chapter V of this report sets forth in brief some of the causes of 
interpretations and also the types of code provisions affected. A 
more complete exposition of the problems has not been found possible. 
It is possible, after examination of such interpretations, to state 
that the causes of the interpretations examined, in part, are: 

1. Faulty drafting of codes. 

2. Ignorance of problems and extent of code administration. 

3. Necessity of elaboration of general statements contained 
in codes. 

4. Classification of industries. 

5. Overlapping code definitions. 

6. Removal of inconsistencies of code provisions with execu- 
tive and administrative declarations of policy. 

Ihe report has not considered questions of due process with respect 
to consideration and issuance of interpretations. Chapter I treats of 
the inherent power of administrative interpretation, the exercise there- 
of being within the intendment of the legislation. Sufficient precedent 
can be found for the proper exercise of this power provided the power is 
legislatively conferred with a direction that hearing or notice is not 
required. Such a legislative declaration is suggested. 

It is further suggested that the issuance of interpretations be 
made subject to a rale of precedent and that a properly indexed reference 
be maintained. 



9843 



-25- 
. AFPEKDIX A 



One of the first steps in the development of this study rras the 

preparation of a <7orl: outline, in the anticipation, that circumstances 
permitting, the final report on the subject --ould deal \-ith the nore 
Important sections of the outline," at least. This outline is in- 
cluded in this report as Appendix Ho. 1 and it should he useful as a 
guide to any further stud- of the subject. A co.-iparison of the out-' . 
line vrith the tahle contents «/ould shotr that the actual development 
of the subject in the report fell substantially short of anticipations. 

The following suggestions are made \7ith* respect to particular 

natters for further studyj 

1. Completion, by reference to the files of the National 
Recovery Administration, of the analysis of all inter- 
pretations issued. 

2. Further study of the reasons for interpretations, that is, 
'Thy they 'had to be issued, rrith particular reference to 
the interpretations of the provisions of 1JHA codes, 

3. Other .than by the receipt of protests, iJEA had -little 
kno^ledgo of the effects of the interpretations' it 
issued. Information of the effects of the interpre- 
tations upon industry, labor and by Tray of repercussion 
upon ERA itself seemingly vould be valuable. The diffi- 
culty of determining such effects is fully recognized. 
Nevertheless, study of the effects of interpretations of 
a certain type; for example, those issued in an attempt 
to resolve problems of overlapping code definitions, 

might, be feasible and productive of useful information. 



-26- 

APPEinnx Hb. l 

ADMINISTRATIVE PROBLEMS REVIEW 
INTERPRETATIONS A1TE EXP LAHAT I Oil S 



1. Introduction. 

1.1 Objective and scope of study. 

2. Bases of power of interpretation and explanation. 
2.1 General rules of -interpretation. 

2. 2. Legal principles of interpretation applicable to 
administrative agencies. 

2.3 Eases in the Act. 

2.4 Bases in Executive Orders. 

2.5 Implied powers. 

3. Definition. 

3.1 Ordinary definition, 

3.2 Legal definition. 

3.3 Administrs,tive definition - changes. 

3.4 Discussion of difference between terms "interpretation" 

and "explanation" . 

3.41 Administrative considerations. 

3.42 Precedents for divisions of treatment. 

5.43 Administrative effects of division. 

4. Delegation of power. 

4.1 To make interpretations .- 

4.11 To the Administrator. 

4.111 PRA. 

4.112 Codes. 

4.12 Transfer of power to HIRE. 

4.13 Additional delegation of, limitations or 

conditions on power granted to JTIEB. 
4.131 Rules and regulations of NIRB. 

4.14 To Division Administrators. 

4.15 To Territorial Administrators. 

4.16 necessity of formality of issuance of 

interpretations. 

4.2 To mates explanations, 

4.21 .Administrator ,r* NIRB. 

4.211 PRA. 

4.212 Codes. 

4.22 Division Administrators. 

4.23 Deputy Administrators.' 

4.231 Officials subject to deputy's supervision, 

4.24 Specific boards established by Administrator. 

4.241 PRA boards. 
4.2411 Washington, 
4.2412. Local. 

4.242 Codes. 

4.2421 Washington. 

0843 



-27- 

4.2422 Field Offices. 
4*2423 Code Authorities. 

4.25 State and Regional Directors . 

4.26 Compliance Councils. 

4.27 Other employees of IRA.. 

4. 23 General limitations Lvoon delegated, power. 

4.3 Delegation of power to appeal boards. 

4.4 Joelegation of joint power. 

5. Administrative methods of interpretation and explanation. 

3.1 Dxecutive order. 

5.2 Admini strati ve order. 
5.21 Administrator or NIEB 

15 # 22 Division or Deputy Administrator. 
15.23 Other officials. 

5.3 Decisions of compliance councils. 

5.4 Informal written communication. 

5.5 Oral communication. 

6. Extent and scope of interpretations and explanations. 

6.1 General. 

6.2 Specific. 

6.21 Certain groups of industry or trade. 

6.22 Specific industry or trade 

7. General causes of interpretations .and explanations. 

7.1 Ambiguity. 

7.11 Double meaning provisions or words. 

7.12 necessity of application of intent of sponsors 

7.13 necessity of application of set of facts to provisions, 

7.14 Punctuation and typographical errors. 

7.2 Conflict with other laws or government agencies. 

7.3 Faulty legislative draf tmanship . 

7.4 Multiple codes and classification problems. 

7.5 necessity of application of administrative policies. 

8. General discussion of ITSA treatment of questions submitted or 

initiated as t .. 

8.1 "ecessity of interpretation and explanation of orders 

and. codes. 

8.2 Inability to control the issuance of explanations. 

8.3 Necessity of control and formality of interpretations. 

8.4 Administrative declaration of difference between in- 

terpretation and explanation. 

8.41 Purposes 

8.42 Susceptibility of administration. 
8.45 Defects-, if any. 

8.5 Determination of scope of question involved. 

8.6 Errors of determination. 

8.61 Explanations which were interpretations. 

8.62 Interpretations which were explanations. 

8.63 Causes. 

8«64 Possibilities ^f correction, 

8.65 Actual corrections. 

8.66 Typical cases. 

9843 



-23- 

9. Types of provisions subject to interpretations and explanation* 

9.1 HIPA. 

9.2 Executive and Administrative orders. 

9.3 Office orders and memos. 

9.4 PEA.. 

9.5 Codes and amendments there t: under Sec. 3 (a) and Sec-. 3(d). 

9.6 Labor agreements and amendments thereto under Sec. 7(b). 

9.7 Hules and regulations having effect of a code. 

9.8 Policy rulings. 

10. Analysis of applications for interpretations and explanations of 

code provisions with respect t - ? 

10.1 Code definitions. 

10.11 Industry or subdivision thereof. 

10.12 Members of industry and classifications thereof-. 

10.13 Distribution agencies. 

10.14 Commodities. 

10.2 Labor provisions; 
10*21 Maximum hours. 

10.211 Normal week period. 

10.212 llormal day -period. 

10.213 Overtime tolerances. 

10.214 Peal: period. 

10 . 22 ! ii nimum wage s . 

. 10.221 Normal rate. 

10.2211 Hourly rate. 
. 10.2212 Piece rate. 
10.2213 Weekly rate. 

10.222 Overtime rate. 

10.223 Apprentice rate. 

10.224 Skilled rate. 

10 .225 Uni on. c iitract rate . 

10.23 Child labor. 

. 10.24 Apprentice limitati :ns. 

10.25 Handi capped w 3 rker s . 

10.26 Standards of safety and health. 

10.27 Home work. 

10.28 Stretch-out. 

10.29 Scrip payments. 

10.21_ Equitable readjustment of wages above the minimum. 

10.22 Posting. 

10.23 Collective bargaining. 

10.24 Miscellaneous. ■ 

10.25. Development of labor policy with respect ts inter- 

p re tat i ons and exp lanat i ons . 
10.26_ Legal aspects of labor provision interpretations 

•and explanations. 
10.27 Evaluation of experiences. 

10.3 Trade practice provisions. 

10.31 General Analysis and discussion of trade practice 
provisions being grouped as follows: 

10.311 Generally accepted in law. 

10.312 Desirable but -not fully accepted in-law. 

10.313 Desirable but no basis in law. 

9843 



-29- 

10.314 Undesirable* 

10.315 Unenf orcifole. ■■;■ 
10.32 Price policy.' 

10.321" Price fixing*. . • . 

1 o . 32 1 1 Fixe'd pri ce s « 
10.3212 lowest reasonable price. 
1C.3213 Modal mark-up. 

10.322 Price control, 
10.3221 Loss leaders. 
10.32.32 Loss limitations. 

10.323 Open price systems. 

10.3231 Institution of system. 

10.3232 Particular contracts. 
10.323,3 dethod of operation. 

Note !; For purposes of discussion "bid depository systems are included 
under this sub-division. 

10.324 Cost provisions: 

10.3241 Sales below cost. 

10.3242 Obsolete goods. 

■• 10.3243 Emergency disposals. 

10.3244- Competition. ' 

10.325 Accounting systems. 

10.3251 "Necessity of "approval of Administrator. 

10.3252 Complexity of system. 

10.3253 Difficulties of installation. 

10.326 Sales reporting syste'ms. 

10.4 Interpretations and explanations, of code authority provisi,ons< 

10.41 Necessities of interpretations and explanations. 

10.42 Interpretations and exolanati ons effecting rights cjf 

code authority. 

10.43 Interpreto.tions and explanations affecting obligations 

cf code authority. 

10.44 Legality. 

10.45 Policy. 

10.46 Finances. 

10.47 Trade association participati on. 

10.5 Labels. 

10.6 C mil t i . nal o rde r s of: app r ~ val . 

11. Government c ntracts. 

11.1 Bases of applications for interpretations and explanations 

of Executive Orders. 

11.2 Effect )f interpretati :ns and explanations made. 

12. Procedure. 

12.1 Application by 

12.11 Industry member. 

12.12 Industry grgup. 

12.13 Code authority. 
12 . 131 ITat i nal . 
12.132 L.cal. 

12.14 Instituted by UFA. 

12.141 Industry Division; • . 

12.142 Legal Division., 

9843 



-30- 






12.143 Advisory boards. " 

12.144 Field offices. 

12.145 Other departments of 1TRA. 

12.15 Government agencies other than ERA. ■ 

12.16 Lab r. 
'12.161 Individual., 

12.162 Gr oup o f e rrrp 1 o ye e s . 

12.1621 Unorganized, 

12.1622 Union, 

12.2 T: vrhom was application directed. ' 

12.21 Washington. 

12.22 Field offices. 
1 N .23 C'de authorities. 
12.24 Other governmental agencies.' 

12.3 Consideration of application, 

12.31 By deputy. 

12 . 32 Advi s o ry b oard s . 

12.33 Research and planning Division, 

12.34 Legal Division, 

12.35 Administration members and c~de authority. 

12.36 Review Division, 

12.37 Portent of consideration by boards, etc., and 

limitations thereon. 

12.38 Division Administrators, 

12.39 Higher officials and president. 

12.31 '. ootent of consideration of briefs pro and con, 

12. 32 Field offices - LRA. 

12.4 Discussion "f treatment -of applications with respect to 

due process requirements, 

12.5 Pinal action on application. 

12.51 Form. 

12.52 Nrtice. 

12.6 Time of submission ;f application. 

12.61 Before effective date of code. 

12.62 Code administration, 

12.63 During compliance complaint. 

12.64 Luring litigation. 

12.7 Time required for handling applications. 

12.71 Applications received in field,. 

12.711 Geographical considerations. 

12.712 Delays caused by reference to Washington. 

12.713 Typical cases. 

12.72 Applications received by or referred to Washington. 

12 . 721 Lout ing of applicat i ons . 

12.722 necessity of reference t boards. 

12.723 Causes of delay. 

12.724 Lffects of delay on 

12.7241 C-de structure. 

12 . 7242 C amp liance . 
1 ... 7243 Lnf o r c emen t . 

Pcwer of subsequent m dification of interpretations and explanations 

13.1 J.R.A. initiation. 

13.2 Application by industry. 

15.3 Application by labor, ' 



9843 



-31- 

13.4 Application by code authorities* 

13.5 Application "by other parties. 

15.6 Bases "f application. 

13.7 Effects of modification. 

14. Substantive problems. 

14.1 Should NRA permit code authorities to make interpretations 

and explanati ons . 

14.2 Shuild NBA permit field offices tQ make interpretations 

and exp lanati : ns . 

14.21 Emergency. 

14.22 Permanent. 

14.23 If review is had by Washingt n, 

14.3 What requirements of clue process should be considered by It?A. 

14.31 lot-ice. 

14.32 With or without hearing. 

14.4 Should applications for interpretations and explanations be 

referred to! 
14.41 6:de authorities, 
14/42 Other governmental agencies. 
14 . 4-3 Admini s trat i on membe rs . 

14.5 C-eneral legal effect of amendments and stays upon inter- 

pretations and explanations. 

14.6 What rights f sponsorship of interpretations end explanations 

should be permitted? 

14.7 What consideration of interpretations and explanations should 

be aff jrded industry and labor by 1TRA? 

14.8 To what extent should the power of general interpretations and 

explanations of all codes by executive order be "utilized? 

14.9 Should ERA institute interpretations and explanations on 

its own motion? 

15. Effects of interpretations and explanations on 

15.1 Code structure. 

15.2 Declared purposes of the Act 

15.3 Large business units. 

15.4 Small enterprises. 

15.5 Monopolies. 

15.6 1IEA Policy. 
15.7 /"Legality, 

15.8 Industry. 

15.9 Labor. 
13.1_ Consumers. 

16. Evaluation. 

17. Conclusions. 

18. Bibliography. 



9843 



Appendix Ho. 2 
LIST OF IN TEEPEETAT IONS OP HOUR PROVISIONS 
OVERTIME 



EMERGENCY WORK 
ORDER NUMBER 

100- 4 

57- 16 
275- 11 
192- 5 

28- 8 

83- 69 

83- 79 
9-324 
149- 2C 

67- 17 
149- 5 

83- 89 

CONTINUOUS PROCESSES 

275- 7 

40- 11 

83- 75 
120- 45 



OVERT IkE-WHEN ALLOTTED 

185- 11 

161- 28 

LP 17- 6 

2- 27 

60- 60 

273- 92 

67- 17, 34 

192- 5 

275- 7 

28- 7 



SEASONAL OVERTIME 

72- ISA 

67- 42 
192- 5 
278- 92 
347- 18 

67-" 17 
132- 10 

60-60 



com 



Paperboard 

Fertilizer 

Chemical Mfg. 

Cast Iron Pressure Pipe 

Transit 

Soap and Glycerine 

Soap and Glycerine 

Lumber and Timber Products 

Machined Waste Mfg. (See Overtime Payment) 

Fertilizer ( See Averaging) 

Machined Waste Mfg. (See Overtime Payment) 

Soap and Glycerine 



Chemical Mfg. 
Electrical Storage and Wet Primary Battery 
Soap & Glycerine 

Paper and Pulp ( See Occupational Classi- 
fication) 



Concrete Pipe Mfg. 
Fur Dressing and Fur Dyeing 
Wheat Flour Milling 
Shipbuilding & Shiprepairing 
lie tail Trade 

Trucking (See Overtime Payment) 
Fertilizer ( See Averaging) 
Cast Iron Pressure Pipe ( See Emergency 

Work) 
Chemical (See Continuous Processes) 
Transit (See Averaging) 



9843 



Packing Machinery 
Fertilizer 

Cast Iron Pressure (See Emergency Work) 
Trucking ( See Overtime Payment) 
Machinery & Allied Products (See Overtime 
Fertilizer (See Averaging) Payment) 
Malleable Iron (See Calculating Overtime) 
Retail Trade (See Overtime-When Allowed) 



-33- 



SSASOHAL OVERTILIS ( CONT'D.) 

ORDER NUMBER 

277- 11, 21 

137- 11A 
170- 18 

CALCULATING OVERTIME 

277- 21 

71- 13 
277- 11 
132- 10 

67- 49 

83- r 63 

83- 32 

83- 19 
167- 23 
137- 114 

72- 13A 
185- 11 



COBS 

Gray Iron Foundry (See Calc-olatins Over- 
time) 
Warm Air Furnace ( See Averaging) 
Grinding "iheel ( See Overtime Payment) 



Gray Iron Foundry 
Paint, Varnish & Lacquer Mfg. 
Gray Iron Foundry 
Malleable Iron 

Fertilizer (See Consecutive Hours) 
Soap & Glycerine (See Consecutive Hours) 
Soap & Glycerine ( See Overtime Payment) 
Soap & Glycerine ( See Overtime Payment) 
Set Up Paper Box (See Averaging) 
farm Air Furnace (See Averaging) 
Packaging Machinery (See Seasonal Overtime) 
Concrete Pipe Mfg. (See Overtime-When 

Allowed) 



AVERAGING 



67- 17 

67- 34 

83- 39 

458- 5 

110- 15 

167- 23 

529- 4 

533- 5 

541- 3 

137- 11A 

83- 72 

83- 80 

28- 7 

28- 10 

28- 11 

28-16 

185- 11 

47- 7 

174- 5 

67- 42 

83- 75 

83- 79 

105- 62 



Fertilizer 

Fertilizer 

Soap & Glycerine Mfg. 

Wholesale Confectioners 

Hardwood Distillation 

Set up Paper Box 

Pharmaceutical & Biological 

Window Glass Mfg. 

Flat Glass Mfg. 

Warm Air Furnace, 

SoaT & Glycerine 

Soap &. Glycerine 

Transit 

Transit 

Transit 

Transit 

Concrete Pipe ( See Overtime - When 

.allowed) 
Bankers (See Holidays) 
Rubber Tire Mfg. (See Holidays) 
Fertilizer (See Seasonal Overtime) 
Soap & Glycerine ( See Overtime-Continuous 

Processes) 
SoaiD & Glycerine ( See Overtime-Emergency 

Work) 
Automotive Parts & Equipment (See Minimum 

Wage s-'Teekly , Daily .Hourly. 



9843 



ORDER NUiiBER 

■'-83- 24 

08- 5 

275- 8 

285- 5 

278-109 

LP 10- 6 

60- 18C 

84-110 

60- 95 

83- 85 

83- 86 

39- 11 



60- 93 
149- 2A 

56- 12 
521- 5 



-34- 



UNLIMITED HOURS 



CODE 



Soap & Glycerine 

Business Furniture 

Chemical Mfg. 

Railway Oar Building 

Trucking 

Brewing 

Retail Trade 

Fabricated lietal Products 

Retail Trade 

Soap & Glycering ufg. 

Soap & Glycering Mfg. 

Farm Equipment (See Occupational 

Classif .-Definition of 
Terms) 

Retail Trade (See Minimum Wages Sales- 
men) 

Machined 'Taste Mfg. (See Occupational 
Classif .-Supervisory Employees-' 
Engaging in Production) 

Heat Exchange (See Occupational Classif. 
Processing & Labor Incident Thereto) 

Adhesive & Ink (See General Labor Provis- 
ions - Subterfuge) 



WORKING HOURS 



CONSECUTIVE HOURS 

67- 49 

83- 63 
458- 5 
529- 4 

DAYS PER WEEK 

67- 18 

2011- 8 

458- 5 



Fertilizer 

Soap & Glycerine 

Wholesale Confectioners (See Averaging) 

Pharmaceutical & Biological (See Averagin 



Fertilizer 

Leather & Shoe Findings Trade 

Wholesale Confectioners (See Averaging) 



LABOR AGREEMENTS: STATE LA'S'. FORMER CONTRACTS 



278- 54A 
60- 69 
83- 42 

MORE TILIK 013 EiJPLOYER 

33- 18 

46- 16 

278-200 



9843 



Trucking 
Retail Trade 
Soap £ Glycerine 



Soap & Glycerine 
.Motor Vehicle Retailing 
Trucking 



0RDERNU1IBER 



-35- 

WORKING HOURS (CONT'D) 
CODE 



HOURS FOR WATCHMEN. FIREMEN, ETC . 
254- 6 

56- 12 
149- 2B 

83- 5 

423- 16 

254- 10 
14- 2 

HOURS FOR SALESMEN 

83- 62 
60- 93 



Athletic Goods Mfg. ( See Occupational 

Classif -More than One Occupation) 
Heat Exchange (See Occupational Classif. 

Processing & Labor Incident Thereto) 
Machined Waste Mfg. ( See Occupational 

Classif .-Definition of Terms) 
Soap & Glycerine ( See Occupational 

Classif o-More than One Occupation) 
Drop Forging ( See Occupational Classif. 

Definition of Terms) 
Athletic Goods Mfg. (See Industry Classif • 
Rayon & Synthetic Yarn (See Industry 

Classif.) 



Soap & Glycerine 

Retail Trade (See Minimum Wages- Salesmen) 



IRREGULAR HOURS - (SPLIT SHIFT, ETC. ) 



529- 4 

X-124 

44- 6 

118- 38 

118-107 

EXTRA ACTIVITIES 

60- 93 

MORE THAN ONE OCCUPATION 

83- 43 
164- 13 

254- 6 

83- 5 

57- 11 

60-208 



Pharmaceutical & Biological (See Averaging) 
General (See Wages-Waiting Time) 
Boot & Shoe (See Wages-Waiting Time) 
Cotton Garment (See Wages-Waiting Time) 
Cotton Garment (See Wages-Waiting Time) 



Retail Trade 



Soap & Glycerine 

Knitted Outerwear (See Occupational 

Classif .-More Than One Occupation) 
Athletic Goods (See Occupational Classif. 

More than One Occupation) 
Soap & Glycerine (See Occupational 

Classif .-More Than One Occupation) 
Pump Mfg. ( See Occupational Classif •- 

More Than One Occupation) 
Retail Trade (See Minimum Wages-Salesmen) 



9843 



-36- 



HOLIDAYS (AND VACATIONS) 

ORDER NUMBER CODE 

Rubber Tire Mfg. 
Machinery & Allied Products 
Safety Razor & Safety Razor Blade Mfg, 
Bankers 
83- 72 Soap & Glycerine (Averaging) 

PRODUCTIVE MACHINERY 

118- 39 Cotton Garment 



174- 


5 


347- 


4 


489- 


9 


47- 


7 



9843 



-37- 

Appendix No. 3 

LIST OF INTERPRETATIONS 07 WAGE 
PROVISIONS 

MINIMUM WAGES 

WEEKLY. DAILY AND HOURLY 

ORDER NUMBER CODE 

124 - 27 Motion picture 

71-6 Paint, Varnish & Lacquer Mfg. 

46 - 55 Motor Vehicle Retailing 

124 - 47 Motion Picture 

83-8 Soap & Glycerine 

124 - 11 Motion Picture 

132 - 8 Malleable Iron (See Minimum Wages- 

Piece Workers) 
4-73 Electrical Mfg. (See Minimum Wafres - 

Piece Workers) • 
169 - 12 Savings, Building & Loan Assoc. (See 

Deductions from Wages-Traveling 
E:rpenses) 
105 - 62 Automotive Parts & Equipment 

LABOR AGREK ISMTS. STATE LAWS. ETC . 

244- 49 Construction 

60 -67 . Retail Trade 

28 - 13 Transit (See Wage Adjustment) 

PIECE WORMERS 

31 - 10 Lime 

164- 16 I' nit ted Outerwear 

X- 130 General Order 

135- 20 Cigar Container 

4_ 73 Electrical Mfg. 

132- 8 Malleable Iron 

15- so Men's Clothing 

164- 7 Knitted Outeruear (See Waiting Tine) 

83- 12 Soap & Glycerine ( See Waiting Tine) 
219-166 Bedding Mfg. (See Waiting Time) 

84- 86 Fabricated Metal Products (See Over- 

time Payment.) 

SALESiEEM 

60- 208 Retail Trade 

145- 52 Furniture Mfg. 

lgg_ 8 Coated Abrasives 

83- 61 Soap & Glycerine 

249- 8 Tag Mfg. (See Occupational Classif.- 

Definition of Terms) 

9843 



-38- 
MINILUli RAGES (CONT'D.) 



sales:":: 



8?- 62 Soao & Glycerine (See Working Hours- 

Salesmen) 
46 - 15 Motor Vehicle Retailing (See Occupa- 

tional Classif. 

MORE THAI! ORE EMPLOY ER 

124 - 27 Motion Picture (See Minimum Wages- 

Weekly, Daily and Hourly) 

FIRSUEE. "ATC13.SLT. ETC . 

56 - 12 Heat EKcnange (§ee Occupational Clas- 

sif .- Processing and Labor Inci- 
dent Thereto) 
14- 2 Rayon and Synthetic Yarn (See Indus- 

try Classif.) 

PROPRIETORS OR QUEERS 

84 - 110 Fabricated Metal Products (See Unlim- 

ited Hrs. ) 

WAGE ADJUST ET TT 

LIMITATIOE 

21- 4 Leather 

287- 229 Graphic Arts 

215- 10 American Glassware 

234- 26 Macaroni 

47- 19 • Bankers (See Calculation) 

278- 106 Trucking (See Calculation) 

445_ 6 4 Baking Industry 

IIOIMAL EOREIEG REEK- LOEGER WORK YJEEK 

21- 7 Leather 

X87- 8 Cotton Cloth Glove 

1_ 88 Cotton Textile 

21- 4 Leather (See Limitation) 

219- 25 Bedding Mfg. 

DIFFERENTIALS 

202- 5 Carpet and Rug Manufacturing 

187- S Cotton Cloth Glove (See Formal Work- 

in? 1 Reek) 

LABOR AGREE! IEETS 
28- 13 Transit 

984? 



-39- 



T/AGE ADJUSTMENT ( CONT ' D ) 



wages aloie - :.:in;.:uM 



182- 


17 




487- 


19 




47- 


20 




PHA Suosti 


tute - 


445- 


64 




118- 


526 




B01IUS 


• 





Retail Eood and Grocery Trade 
Importing Trade 
Bankers 
Fluid Milk 

Baking Industry (See Wage Adjustment- 
Limitation) 
Cotton Garment 



1 - 



Cotton Textile (See ]Tormal Working 

Week) 



CALCULATIOiJ 



278- 


105 


278- 


106 


503- 


6 


142- 


66 


47- 


19 


83- 


32 


219- . 


IS 6 


465- 


■j n 


219- 


25 


PIZCE 


WORKERS 



Trucking 

Trucking 
pretzel 

Retail Jewelry 
Bankers 

Soap & Glycerine (See Overtime Pay- 
ment) 
Bedcing ( See Piece Workers) 
Broom Mfg. 
Bedding ;"fg. (See Longer Work Week) 



219- 



Bedding Manufacturing 



MINIKPLI WAGE - 1929 EXEMPTION 



105- 


34 




4- 


74 




230- 


20 




4- 


80 




SUBTE 


KFUC-E 




60- 


70 




487- 


19 


WATTING TILE - 



Automotive Parts and Equipment 
Electrical Manufacturing 
paper Bag 'Manufacturing 
Electrical Manufacturing 



Retail Trade 

Importing Trade (See Wages above 

1 inimum) 

- SPLIT SHIFT - Or DUTY 



44- 


6 


164- 


7 


83- 


12 


118- 


12 


118- 


107 



Boot and Shoe 
Knitted Outerwear 
Sopp ?-. Glycerine 
Cotton Garment 
Cotton Garment 



9843 



-40- 



399- 10 
X - 124 



t/Ar.nr'; tttt _ spt,t? SHUT - oil DUTY 

Household Go'ods Storage and Moving 

Trade 

General Order 



APPRENTICES AMD L~ARMERS 
A4_ is 



187- 25 



handicapped moekems 

275- 9 
46- 52 



46- 



55 



EEJ.iALE DIETZEEMTIAL 
105 - 59 



suB-i-mnimii wages 



Boot and Shoe Mfg. (See General Labor 
Provi si ons- Apprentices and 
Learners. ) . 
Fabricated Metal Products Mfg. (See 
General Labor Provisions - Appren- 
tices and Learners) 
Cotton Cloth Glove (See General Labor 
Provisions - Apprentices and Learners) 



Chemical Manufacturing 
"Jotor Vehicle Retailing Trade 
i'otor Vehicle Retailing Trade (See 
Minimum Wages-Weekly, Daily, hourly) 



Automotive Parts and Equipment 



LIGHT TASKS Al-ID LIGHT EEPETITIVE "/ORE 



83- 
83- 
83- 
33- 
83- 
83- 



59 
70 
71 

&7* 

Q 



PAP.T TIME WORK 

155- 20 

60- 18E 
537- 6 
124- 47 



Soap and Glycerine 

Soar) and Glycerine 

Soap and Glycerine 

Soap and Glycerine 

Soap and Glycerine 

Soap and Glycerine (See Genl. Labor 

Provisions - Light Tasks, etc. 



Oxyacetylene 
Retail Trade 

Blue Print and Photo print 
Motion Picture (See Minimum Wages- 
Weekly, Daily, Hourly) 



Y/AGE CALCUIATIOH 



235 - 10 

219- 166 

1- 88 

9843 



Textile Processing 
Bedding Mfg. (See Wage Adjustment- 
Piece Workers) 
Cotton Textile (See Wage Adjustment- 
Formal working Week) 



-41- 



WAGE CALCULATION (CONT'D) 

60- 208 Retail Trade (See Minimum Wages- 

Salesmen) 
84- 86 Fabricated Metal Products (See Over- 

tine Payment) 
118- 30 Cotton Garment (See Waiting Time) 

118- 107 Cotton Garment( See Waiting Time) 

155- 20 Oxyactylene (See Sub-Minimum Wages- 

Part time work) 
60- 18E Retail Trade (See Minimum Wages-Part 

, time r.'ork) 
31_ io Lime (See Minimum Wages-Piece Workers) 

164- IS Knitted Outernear (See "'inimum Wages- 

. Pj-§ce "orkers) 
X- 130 General Order (See Minimum Wages - 

Piece Workers) 
135- 20 Cigar Container (See Minimum Wages- 

Piece "kirkers) 
4_ 73 Electrical Manufacturing (See Mini- 

mum Wages-Piece Workers) 
132 - 8 Malleable Iron (see Minimum Wages- 

Piece Workers) 

OVERTIME PAYMENT 

Machinery and Allied Products 

Wood Keel 

Machined Waste Manufacturing 

Soar) and Glycerine 

Fabricated Metal Products 

Soap and Glycerine 

Trucking 

Photo Engraving 

Drop Forging 

Grinding Wheel 

Furniture Manufacturing 

Lumber and Timber (See Emergency Work) 

Case 2- Trucking (See Wage Adjustment) 

Furniture Manufacturing (See Salesmens 

Wages) 
Cast Iron Pressure Pipe (See Emergen- 
cy Work) 
Concrete Pir)e Mfg. (See Overtime When 

Allowed) 
Soap and Glycerine (See Consecutive 

Hours) 
Furniture Manufacturing (See Industry 
Class if, Hot Integral Part) 
Soap and Glycerine (See Working Hours 

Salesmen) 
Flat Glass Mfg. (See Averaging) 
Warm Air Furnace (See Averaging) 
Soap and Glycerine 



347- 


1G 


270- 


q 


149- 


2C,5 


83- 


19 


84- 


86 


83- 


^32 


278- 


92 


180- 


46 


423- 


17 


170- 


13 


145- 


10 


9- 


324 


278- 


105 


145- 


32 


192- 


5 


185- 


11 


83 


63 


145- 


25 


83 .- 


62 


541- 


3 


137- 


11A 


83- 


98 


9842 


> 



282- 


5 


60- 


18C 


169- 


12 



-42- 



' ITIGHT WORK 

14^- 25 Furniture Mfg. (See Industry Classif. Hot 

Integral Part) 
145- 10 Furniture Mfg. (See Overtime Payment) 
105- 59 Automotive Parts <i Equipment (See Sub- 
Minimum Wages - Female Differential) 

METHOD OP WAGE PAYMEI'T 

Restaurant 

Retail Trade (See Unlimited Hours) 
Savings, Building and Loan (See Deduction from 
Wages-Furch;,se of Stock) 

SUB-CCUTRACTIHG 

64- 37 Dress Manufacturing 

AREA RATES 

Trucking 
Trucking 
Trucking 
Trucking 

Household Goods, Storage and Moving Trade 
Trucking 
Graphic Arts 
Soap and Glycerine 

Construction (See Minimum Wages-Labor 
Agreements etc.) 

BRAl'CH OFFICES 

5- 12 Coat and Suit 

PARTJERS Ala) OWNERS 

84- 110 Fabricated Metal Products Mfg. (See Unlimited 

Hours) 
LP10- 6 Brewing (See Unlimited Hours) 

DEDUCTIONS FROM WAGES 

SPOILAGE, SHOR T AGE. ETC. 

Underwear and Allied Products 
Manufacturing and Wholesale Surgical 
Restaurant (See Method of Wage Payment) 



278- 


57 


278- 


. 88 


278- 


89 


278- 


90 


399- 


13 


278- 


91 


287- 


404 


83- 


57 


244- 


48 



23- 


9 


501- 


8 


282- 


5 



9843 



-43- 

PURCHASE OF STOC K 

169- 12 ' Savings, Building and Loan Associations 

HOLIDAYS 

489- .9 Safety Razor & Safety Razor Blade (See Hours 

- Holidays) 

TRAVELING EXPENSE S . ' 

169- 12 . Savings, Building and Loan Associations 

TRANSPORTATION 
348- 15 Eurlesaue Theatrical 



9843 



5- 


8 


107- 


5 


118- 


54A 


44- 


5 


457- 


14 


84- 


82 


506- 


10 


187- 


25 


X- 


137 


54- 


29 



-44- 

APPENDIX NO. 4 

LIST OF INTERPRETATIONS OF GENERAL LABOR PROVISIONS 

APPRENTICES AND LEARNERS - DEFINITION MB REGULATIONS 

ORDER NUMBER CODE 

Coat & Suit 

Ladder Mfg. 

Cotton Garment 

Boot & Shoe Mfg. 

Cap & Cloth Hat 

Fabricated Metal Products Mfg. 

Electric & Neon Sign 

Cotton Cloth Glove 

General Order 

Throwing 

SUB-LETTING LABOR CONTRACTS 

2441- 10 Plumbing Contracting 

64- 3? Dress Mfg. (See Wages-Sub-Contracting) 

SUBTERFUGE 

RECLASSIFICATION OF EMPLOYEES 

521- 5 Adhesive & Ink Mfg. 

60- 70 Retail Trade (See Wage Adjustment-Sub- 

terfuge) 

KANDI CAPPED WOBKERS 

LP 17- 6 Wheat Flour Milling (See Overtime-When 

Allowed) 
275- 9 Chemical Mfg. (See Sub-Minimum Wages- 

Handicapped workers) 
46- 52 Motor Vehicle Retailing (See Sub-Mini- 

mum Wages-Handicapped Workers) 

HOMEWORK 

X-134 General Order 

LIGHT TASKS REGULATIONS 

83- 9 Soap & Glycerine 

NIGHT WORK 

145- 10 Furniture Mfg. (See Overtime Payment) 

145- 25 Furniture Mfg. (See Ind. Classif.-Not 

Integral Fart) 

CHILD LABOR 

LP 17- 3 Wheat Flour Milling 

9843 



-45- 

APPEiffilX NO. 5 
LIST OF INTER PRETA TIONS OF OCCUP ATI ONAL CLASSIFICATIONS 
DEFIN ITION OF TERMS 
ORDER NUMBER CODE 

275- 8 Chemical Mfg. (Executive, Administrative 

Supervisory, Tech.) 
Silk Textile (productive Employees) 
Machined Waste Mfg. (Outside Crews) 
Farm Equipment (Field Service Men) 
Retail Jewelry Trade (Professional) 
Retail Trade (Professional) 
Retail Trade (professional) 
Fertilizer (Agent) 
Retail Solid Fuel (Salesmen) 
Tag Industry (Salesmen) 

Retail Food and Grocery Trade (Salesmen) 
Men's Neckv/ear (Cutters) 
Domestic Freight Forwarding (Clerk) 
Knitted Outerwear (Shipr>ing Crew) 
Funeral Suonly (Supervisors) 
Grannie Arts (Binding & Ruling) 
Men's Clothing (Non-Manuf acturing) 
Men's Clothing (Manufacturing) 
Paper & Pulp (Tour Workers) 
Men's Clothing (lion-Manufacturing) 
Chinaware & Porcelain Mfg. (Watchmen) 
Paper & Pulp (Artisans) 
Drop Forging (Plant Engineers and Main- 
tenance Men) 
Men's Clothing 
Men's Clothing 
Men's Clothing 
Men's Clothing 
Men's Clothing 
' Men's Clothing 
Men's Clothing 
Men's Clothing 
Men's Clothing 
Men's Clothing 
Men's Clothing 
Transit 

Retail Trade (See Minimum Wages-Salesmen) 
Railway Car Bldg. (See Unlimited Hours) 
Paint, Varnish & Lacquer (See Minimum 

Wages-Weekly, Daily, Hourly) 
83- 15 Soap & QLycerine (See Sub-Minimum Wages- 

Light Tasks) 

145- 32 Furniture Mfg. (See Minimum Wages-Salesmen) 

84-110 Fabricated Metal Froducts (See Unlimited Hours)' 



9843 



48- 


14 


149- 


2B 


39- 


11 


142- 


22 


60- 


103 


60- 


163 


57- 


38 


230- 


81 


249- 


8 


182- 


24 


363- 


21 


162- 


7 


164- 


50 


90- 


17 


287- 


424 


15- 


41 


15-* 


42 


120- 


45 


15- 


24 


126- 


31 


120- 


44 


423- 


16 


15- 


18 


15- 


20 


15- 


21 


15- 


22 


15- 


23 


15- 


24 


15- 


25 


15- 


26 


15- 


27 


15- 


28 


15-" 


40 


28- 


17 


60-; 


308 


285- 


5 


71- 


6 



60- 


18C 


83- 


59 


83- 


70 


83- 


71 


83- 


77 


83- 


52 


189- 


8 


46- 


15 


83- 


85 



-46- 

DEEINITIQN OF TERMS (CONT'D ) 
GOES 

Retail Trade (See Unlimited Hours) 

Soap & Glycerine (See Sub-Minimum Wages- 
Light Tasks) 

Soap & Glycerine (See Sub-Minimum Wages- 
Light Tasks) 

Soap & Glycerine (See Sub-Minimum Wages- 
Light Tasks) 

Soap & Glycerine (See Sub-Minimum Wages- 
Light Tasks) 

Soap & Glycerine (See Working Hours- 
Salesmen) 

Coated Abrasives (See Minimum Wages- 
Salesmen) 

Motor Vehicle Retailing 
r Soap & Glycerine (See Unlimited Hours) 

MORE THAU ONE OCCUPATION 

164- 13 Knitted Outerwear 

254- 6 Athletic Goods Mfg. 

83- 5 Soap & Glycerine 

57- 11 . Pump Mfg. 

15- 19 Men's Clothing 

15- 29 Men's Clothing 

28- 15 Transit 

60-208 Retail Trade (See Minimum Wages-Salesmen) 

83- 43 Soap & Glycerine (See Working Hours - More 

than one Occupation) 

83- 92 Soap & Glycerine 

445- 56 Baking Industry 

SUPERVISORY EMPL O YEES ENGAGED IN PRODUCTION 

149- 2A Machined Waste Mfg. 

PROCESSING AND LABOR INCIDENT THERETO 

56-12 Heat Exchange 



Qfl« 



-47- 

APFENDIX 110. 6 
LIST OF INTERPRETATIONS OF INDUSTRY CLASSIFICATION 



s^se 



ORDER NUMBER 



75- 


8 


83- 


17 


185- 


10 


244- 


24 


254- 


10 V 


278- 


85 


14- 


2 


197- 


11 



3- 


11 


118- 


45 


57- 


9 


79- 


4 


83- 


20 


67- 


52 



CODE 

Canning & Packing Machinery- 
Soap & Glycerine 
Concrete Pipe Mfg. 
Construction 
Athletic Goods Mfg. 
Trucking 

Rayon & Synthetic Yarn 
Retail Farm Equipment 

MANUFACTURING FOR OWN USE 

Wool Textile 

Cotton Garment 

Pump Mfg. 

Novelty Curtains, Draperies, Bedspreads, 

Etc. 
Soap & Glycerine Mfg. 
Fertilizer 

NOT INTEGRAL PART 



275- 10 
278-123 
244- 40 
145- 25 
275- 12 
287- 21 C 

64- 11 
Office Memorandum 282 
Policy Decision No. 5 
Policy Decision No. 3 



Office Memorandum 282 
X-122 General Order 



Chemical Mfg. 
Trucking 
Construction 
Furniture Mfg. 
Chemical Mfg. 
Graphic Arts 
Dress Mfg. 

(Code 278) 
(Code 287) 

MULTIPLE COVERAGE 



QRd.^ 



'' • ' APPENDIX IK). 7 

LIST OF CODES AS TO WHICH INTERPRET ATI PITS OF TRADE PRACTIC E 

" PROVI SIONS W E RE ISS UED. 

(See page 5 of this exhibit for types of provisions affected.) 



CODE 

Anti-Friction Bearing 
Asphalt Tile Industry- 
Baking Industry 



ii 



It 



Industry 



Bedding Mfg, 
n ii 

Booksellers Trade 
ii ii 

Bottled Soft Drink 
ii ii 

Buff 'and Polishing Wheel Ind. 
n ii n ii 

Builders' Supplies Trade 

Candy Manufacturing 
ii n 

Canning and Packing Machinery 
ii ii ii ii 

Carton Dioxide Industry 

Cast Iron Soil Pipe 

Chinaware and Porcelain 

Coffee Industry 
it ii 

Ccnpleta Wire & Iron Fence 
Concrete Pipe Mfg. 
Construction Industry 



Cotton Cloth Glove Mfg. 
ii it it 

Cotton Converting Industry 
ii ii ii 

Cotton G^jr-.entL 

Crushed Stone, S-md and Gravel, 

and Slag Ind. 
u -n II ii it 

Cutlery, Manicure Implement & 

Painters & Paperhangers Tool Mfg. 

Dress Manufacturing Ind. 
n H ii 

n ii ii 

ii ii n 

Dental Lahoratory 
Electric Storage & Wet Primary 
JBat-tery ~ 



ORDER MO. 


DATE 


138-15 


Dec. 26, 1934 


150-8 


April 19, 1934 


445-14 


Oct. 12, 1934 


445-27 


Jan. 8, 1935 


219-2A 


Mar. 23, 1934 


219-5A 




60A-8 


June 14, 1934 


60A-10 


Aug. 29, 1934 


459-12 


Aug. 29, 1934 


459-15 


Oct. 6, 1934 


96-7 


May 8, 1934 


96-19 


Jan. 5, 1935 


37-15 


Aug. 7, 1934 


463-10 


Aug. 30, 1934 


463-19 


Oct. 29, 1934 


75-18 


Aug. 17, 1934 


75-22 


Oct. 23, 1934 


275B-5 


July 9, 1934 


18-19 


Jan. 4, 1935 


126-29 


Dec. 18, 1934 


265-8 


June 5, 1934 


265-9 


June 5, 1934 


84L1-18 


Jan. 3, 1935 


185-11 


July 27, 1934 


244-28 


Aug. 6, 1934 


244-29 • 


Aug. 9, 1934 


244-51 ■ 


Jan. 2, 1935 


187-13 


July 24, 1934 


187-24 


Jan. 18, 1935 


LA- 2 


May 3, 1934 


1A-3 


July 14, 1934 


118-39 


March 30, 1934 


109-10 


April 16, 1934 


109-11 


April 18, 1934 


84 J- 7 


Oct. 18, 1934 


64-12 




64-13 




64-18 




64-35 


Nov. 27, 1934 


217-25 


Jan. 25, 1935 



40-12 



Sept. 12, 1934 



-49- 



Excelsior & Excelsior Products 
Fertilizer Industry 



11 


ii 


II 


ii 


II 


ii 


II 


ii 


11 


ii 


II 


ii 


11 


ii 


II 


n 


II 


ii 


11 


ii 


Eire 
ii 


Extinguis 
ii 



Funeral Supply Industry 
Fur. Manufacturing Ind. 
Fur Manufacturing 
Handkerchief Industry 
Industrial Safety Equipment 
Investment Bankers 
Job Galvanizing Metal Coating 
Knitted Outerwear 
Lace Manufacturing 
Laundry & Dry Cleaning Mach. 
Leather & Shoe Findings 
Light Sewing Except Garments 
Lye Industry 



Macaroni Industry 
ii ii 

Machine Knife & Allied Steel 

Products 

Machined Waste Mfg. 

Malleable Iron 

Mayonnaise Industry 
ii ii 

Men' s Neckwear Industry 

Metal Window 
ii ii 

Mica Industry 

Motion Picture Industry 
ii ii n 

Motor Fire Apparatus 
ii ii n 

ii u ii 

Motor Vehicle Retailing 
Non-Ferrous Foundry Ind. 
Nottingham Lace Curtain 
Open Steel Flooring (Grating) 

Manufacturing Industry 
Outdoor Advertising Trade 



146-6 


June 13, 1934 


67-6 


March 16, 1934 


67-12 


April 12, 1934 


67-13 


April 12, 1934 


67-19 


April 12, 1934 


67-20 


April 12, 1934 


67-21 


April 12, 1934 


67-22 


April 12,. 1934 


67-23 


April 12, 1934 


67-24 


April 12, 1934 


67-25 


April 12., 1934 


67-37 


ilov. 5, 1934 


98-3A 




93-7 


July 23, 1934 


98-15 


Aug. 28, 1934 


90-13 


Oct. 29, 1934 


145-8 


May 11 , 1934 


436-21 


Feb. 18, 1935 •■ 


53-4 


May 9, 1934 •" 


315-5 


Sept. 8, 1934 ■ 


141-18 


June 29, 1934" 


843 1-9 


Nov. 20, 1934' 


164-18 


Aug. 29, 1934 


6-9 


• Aug. 30, 1934' 


34-14 


Oct. 10, 1934 


201-1-8 


Oct. 19, 1934 


226-16 


June 21, 1934 


300-3 


Aug. 1, 1934' : 


300-4 


Aug. 1, 1934 


300-5 


Aug. 1, 1934 


234-20 


Oct. 18, 1934 


234-21 


Nov. 9, 1934 


263-8 


July 6, 1934 


149-4 


Feb. 5, 1934 


132-9 


May 17, 1934 


349-4 




349-13 




363-4 


May 14, 1934 


205-4 


April 19, 1934 


X43-1 


Nov. 19, 1934 


306-3 


May 3, 1934 


124-14 


April 17, 1934 


124-39 


Nov. 8, 1934 


108-8 


July 31, 1934 


108-10 


Aug. 2, 1934 


108-21 


Dec. 27, 1934 


45-5 


March 7, 1934 


165-22 


Dec. 20, 1934 


78-8 


Aug. 2, 1934 


84-01-8 


Dec. 20, 1934 


304-4 





9843 



-50- 



Oxy-Acetylene Industry 
ii ii 



II 






it 


II 






it 


II 






it 


II 






H 


Paint, V 

Mfg 
it 


arnish & Lacquer 

. Industry 
it n 


ii 




it 


it 


ii 




ii 


tl 


it 




it 


tt 


H 




it 


It 


11 




it 


it 


II 




tt 


it 


II 




it 


tl 


It 




tt 


It 


II 




ti 


it 


II 




ii 


II 


II 




it 


it 


II 




n 


it 


It 




ii 


it ', ! 


It 




tt 


tt 


II 




tt 


tt 


II 




n 


tl 



Paper Bag Mfg. 
Plumbing Fixtures 
Precious Jewelry 
Reinforcing Materials Fabri- 
cating Industry 
He tail Farm Equipment 

Retail Food & Grocery. Trade 
ti it ti 

it tt tt 

Retail Jewelry Trade 

Retail Lumber 

Retail Monument Industry 

Retail Tobacco Trade 
it ii ti 

Retail Trade 



it 
ti 
ii 
ii 
ti 
ii 
n 
ti 
n 
it 
ii 
ti 



155-5 
155-6 
:. 155-7 
155-9 
155-11 
155-13 

71-4 

71-10 

71-11 

71-12 

71-14 

71-15 

71-16 

71-18 

71-19 

71-20 

71-21 

71-22 

71-32 

71-33 

71-35 

71-36 

71-53 

^1-46 

.230-16 

204-21 

130-13 

127-11 

197-11 

182-18 

182-20 

182-33 

142-44 

33-12 

366-13 

466-7 

466-16 

60-1 8A 

60-1 8B 

60-1 8D 

60-1 8F 

60^1 8G 

60-27 

60-59 

60-65 

60-66 

60-68 

60-96 : 

60-97 

60-113 



Feb. 16, 1934 
Feb. 16, 1934 
April 17, 1934 
April 20, 1934 
Lay 4, 1934 
June 13, 1934 

March 30, 1934 
May 28, 1934 
Kay 28, 1934 
May 28, 1934 
May 28, 1934 
May 28, 1934 
May 28, 1934 
May 28, 1934 
May 28, 1934 
May 28, 1934 
k. ay 28, 1934 
ti ay 28, 1934 
A* tig. 24, 1934 
S ept. , 1934 
S-ept. 17, 1934 
Slept. 21, 1934 
D;gc. 21, 1934 
Nov. 6, 1934 
Aug.. 27, 1934 
Due. 3, 1934 
N«v. 27, 1934 



AKJ 


ig. 30, 


1934 


Jyi 


■ly 24, 


1934 


JCJ 


tlyi 25, 


1934 


S^i 


ipt. 25 


, 1934 


Dtl 


tc . 21 , 


1934 


AS: 


iril 17 


, 1934 


o<r.: 


•t. 19, 


1934 


Jx;: 


Lly 28, 


1934 


oc; 


:t . 26, 


1934 


Ms- 


trch 6, 


1934 


Ms i 


irch 6, 


1934 


Ms 


trch 6, 


1934 


Ms- 


trch 6, 


1934 


Ma i 


irch :: 6, 


1934 


ApMril 6, 


1934 


Ap' 


iril 20 


, 1934 


Ap 


iril 26 


, 1934 


Ap 


iril 26 


, 1934 


Ap 


iril 26 


, 1934 


Jd 


liie 4, 


1934 


Ju 


me 7, 


1934 



9843 



-51- 



Rubber 
ii 


Mamifi 
it 


acturi 


rig 


ii 


ii 






ti 


ii 







Salt Producing Industry 
ii ii n 

Slate Industry 

Small Arms and Ammunition 

Mfg. Industry 

Smoking Pipe Manufacturing 

Snap F&stener 

Solid Braided Cord Industry 

Standard Steel Barrel and Drum 

Mfg. Industry 

Steel Package Mfg. Industry 

Tool & Implement Mfg. Ind. 
n ii ii 

Toy & Playthings 

Transit Industry 

Velvet Industry 

Venetian Blind Ind. 

Vitreous Enameled Ware Mfg. 
it it ii 

n ii n 

Wholesale Automotive Trade 
Wholesale Confectioners' 
Wholesale Pood & Grocery 



II 


11 


II 


II 


II 


II 


II 


II 


II 



Baking Industry 

Carbon Dioxide 

Complete Wire & Iron Pence 

Electric Storage & Wet Primary 

Battery 
Non-Ferrous Foundry 
Retail Trade 

Standard Steel Barrel & Drum Mfg. 
Crushed Stone, Sand and Gravel 
and Slag Industries 



156-10 


April 23, 1934 


156-11 


April 23, 1934 


156-12 


April 23, 1934 


156-13 


April 23, 1934 


20-5 


Aug. 28, 1934 


20-12 


Dec. 15, 1934 


218-13 


Oct. 11, 1934 


354-5 


May 31, 1934 


225-4 


June 6, 1934 


84P-11 


Feb. 8, 1935 


309-9 




84Z-11 


Dec. 20, 1934 


84Y-11 


Dec. 20, 1934 


84G-2A 


April 9, 1934 


84G-5 


July 12, 1934 


86-22 


Nov. 20, 1934 


28-19 


April 26, 1934 


188-11 


Sept. 22, 1934 


229-4 


June 9, 1934 


84Q1-2 


Oct. 15, 1934 


840,1-7 


Nov. 20, 1934 


84Q.1-12 


Dec. 3, 1934 


163-13A 


Sept. 19, 1934 


458-10 


Aug. 27, 1934 


196-13 




196-15 


July 24, 1934 


196-17 


July 25, 1934 


196-23 


Aug. 30, 1934 


445-4 5A 


Feb. 21, 1935 


275B-21 


Feb. 7, 1935 


84L1-23 


March 13, 1935 


40-22 


Feb. 21, 1935 


165-29 


Feb. 9, 1935 


60-357 


Feb. 5, 1935 


84Z-15 


March 2, 1935 



109-44 



Oct. 6, 1934 



i~i f\A r-7 



-52- 



LIST OF TRADE PRACTICE RULES WHICH WERE INTERPRETED . 
(Prom Codes listed on Pages 48 - 51) 



CODE PROVISION 



CODE 



Advertising 



ii 

11 "Bankrupt and Eire Sales" 

11 "direct-to-you" 

" Finance Charges 

" Installment Sales 

" "No Down Payment" 

" as to Repairs 

" Mention of Retailers 

" Of "Sales" 

" Allowances 
ii ii 

n ii 

ii ii 

ii n 

ii n 

Alaska, Sales To 

Assent to Code 

Audit of Records 

Bids, angulations concerning 

Billing, at other than filed price 

blanket Orders 

Break and take, 

Break and take, 

Brokerage, as Ret ate 

" Definition of 

Cancellation of Order 

Capacity Control 
n ii 

" " New Machinery 

Catalogs, Filing of 

Chain Store Sales 

Clearance Merchandise, Marking of 

Closeouts, Invoicing of 

Colors, Allowable Number 

Combination Sales 
it ii 

Commissions 

Concessions, Employing of Purchaser 

Confirmation of Order 

Consignment Selling 

Contracting at Fixed Price 

Contracts, Details to be Included 

" , Reporting of 
Cooperatives, Commissions to 
Costs, "Actual Capital Costs" 

" , Calculations of 



•Baking Industry 

Cotton Converting 

Retail Trade 

Retail Trade 

Retail Trade 

R e tail Trade 

Retail Trade 

Retail Jewelry 

Velvet 

Retail Trade 

Dress Manufacturing 

Mayonnaise 

Outdoor Advertising Trade 

Small Arms and Ammunition 

Standard Steel Barrel 

Vitreous Enameled Ware Mfg. 

Paint, Varnish and Lacquer 

Retail Trade 

Coffee Industry 

Construction Industry 

Cotton Cloth Glove 

Cast Iron Soil Pipe 

Candy Manufacturing 

Wholesale Confectioners 

Salt Producing 

Salt Froducing 

Dress Mfg. 

Lace Mfg. 

Moving of plant (Crushed Stone) 

Excelsior & Products 

Complete Wire & Iron Fence 

Bottled Soft Drink 

Retail Trade 

Furniture Mfg." 

Paint, Varnish & Lacquer 

Paint, Varnish & Lacquer 

Retail tobacco 

Machined Vastes 

Fertilizer 

Nottingham Lace Curtain 

Paint, Varnish & Lacquer 

Paint, Varnish & Lacquer 

Retail Monument 

Paper Bag Mfg. 

General Interpretation 

Rubber Mfg. 

Retail Trade 



9843 



-bi 



Costs, Calculations of Premiums 

" , Inclusion of Discounts 

" , Reporting of 

Datings 
11 

n 

Diccountc & Credit Terms 
ii ii ii 

n n n 

ii n n 

" , Cash 

11 , To Co-Operatives 

11 , Maximum 

11 , Quantity 

" , To teachers 

11 , Trade 

n n 

" , On Trade Orders 

Dividends to Customers 

Employing Purchaser 
n ii 

Exhibitions 

Export Exemptions 

False Invoicing 

Piling of Prices 

Piling of Zones 

Financing Charges 

Free Goods 

" Services 

" Trials 
ii ii 

Government Contracts 

Guarantees, Price 

Guarantees, Product 

Installation, Sub-Letting of 

Contracts to Buyer 

Installment Sales, Finance Charges 

Invoicing, of Closeouts 

" , Other than at Filed Price 

Labeling, Descriptive 

Labeling, N.R.A. 

Loans to Purchasers 

Loss Limitation Provision Retail Drug 

Machine Hours, daily limitations 

Marking of Clearance Merchandise 

Mark-up, for Wholesale Functions 

Moving of Plant 

New Machinery Limitations 

Open Prices 

Penalties reducing price 

Premiums and Prizes 
n ii 

n ii 



Retail Trade 

Retail Trade 

Rubber Mfg. 

Anti-Friction Searing 

Men' s Neckwear ' 

Paint, Varnish and Lacquer 

Anti-Friction Bearing Industry 

Handkerchief 

Motor Fire Apparatus 

Snap Fastener 

Paint, Varnish and Lacquer 

Fertilizer 

Laundry and Dry Cleaning Machinery 

See Quantity Discounts 

Booksellers Trade 

Bias Tape Industry 

Mica 

Retail Food & Grocery 

3 a king Industry 

Fertilizer 

Re-enforcing Materials 

Small Arms and Ammunition 

Fire Extinguishing Appliance 

Cutlery, Manicure Implement, Etc. 

See Price Filing 

Fertilizer 

Retail trade 

Machine Knife 

Malleable Iron 

Canning .& Packing Machinery 

Paint, Varnish and Lacquer 

General Interpretations Order X-48 

See Frice Guarantees 

Bituminous Coal 

Metal Window 
Retail Trade 
Furniture Mfg. 
Cotton Cloth Glove 
Solid Braided Cords 
Fur Manufacturing 
Paint, Varnish and Lacquer 
s Retail Trade 
Cotton Garment 
Retail Trade 

Wholesale Food & Grocery 
Crushed Stone, Sand & Gravel 
See Capacity Control 
See Frice Filing 
Bituminous Coal 
Baking Industry 
Bottled Soft Drink 
Filing of (Candy Manufacturing) 



9843 



-54- 



Premiums and Prizes 



Price Filing 
ii 



Race Nights and 
Bank Wights 



Access to records 
Advance disclosures 
Agency to Receive 
Billing above or "below 
filed prices 
By Dealer 
Catalogues 
Date of Receipt 
Date of Revision 
Date of Revisions 
Date of Revisions 
Definition of Price 
Discounts 
Discounts' 
Effective Date 



Macaroni 

Paint, Varnish and Lacquer 

Motion Picture 

(Vitreous Enameled Ware Mfg.) 

Builders Supplies 

Retail Lumber 

Vitreous Enameled Ware Mfg. 

Tool and Implement 

Crushed Stone, sand and Gravel 

Plumbing Fixtures 

Cotton Cloth Glove 

Fertilizer 

Complete Wire & Iron Fence 

Industrial Safety Equipment 

Fire Extinguishing Appliance 

Motor Fire Apparatus 

Venetian Blinds 

Light Sewing 

Laundry and Dry Cleaning Machinery 

Snap Fastener 



Macaroni 

Effective Date of First Filing Motor Fire Apparatus 
Inclusion of premiums Candy manufacturing 

Fertilizer 

Buff and Polishing Wheel 
Job Galvanizing Metal Coating 
Complete Wire and Iron Fence 
Rubber Manufacturing 



Items not filed 

New Prod. 

Prescribing of form 

Revisions 

Revisions 

With Reservation Clause Carbon Dioxide 

Sales by Agent Fertilizer 

Selling prices above the 



minimum 

To meet competition 
To meet competition 
With whom filed 
Price Guarantees 
11 Protection 

" Provisions, Effective in small 
towns 
Prices, Audit of most records 
Prices, Charge for Analysis 
Prices, Cost Basis 
Prices, Direct Delivery by Mfrs. to 

Retailer 
Prices, Grocery 
Prices, For similar Quantities in 

Different Containers 
Prices, to Government Purchasers 
Prices, Identical Products 



Carbon Dioxide 

Crushed Stone, Sand and Gravel 

Fertilizer 

Fertilizer 

Cast Iron Soil Pipe 

See Price Guarantees 

Retail Farm Equipment 
Coffee Industry 
Non-Ferrous Foundry 
Buff and Polishing Fneel 

Wholesale Food and Grocery 



Retail Tobacco 

Slate 

Wholesale Food and Grocery 



9843 



-55- 



Prices, Inclusion of Tax 
, Inclusion of Tax 
, Reduction by penalties 
, Prices, Sales between Member 
, Selling below publisher's li 
, To meet competition 

Prices, See Fremiums and Prizes 

Processing, Charge for 

Products Guarantees 

Product Guarantees 

Product Guarantees 

Quantity Differentials 



II 


it 


11 
II 


Discounts 
ii 


II 


11 


II 


it 


It 


ii 


II 


ii 


II 


ii 


Hebates: 
ii 


See Seer 

On qyi t.i "h \r 



Quantity or Volume 
Rental Charges, To State Governments, 

etc. 
Repaired Batteries, Definition of 
Repairs, Advertising of 
Reprocessing 
Resale Frices 
Returned Goods 

Sales Below List Price, to States, etc 
Sales Below Publisher's list price 

" Between Members 

1 To Fraternities 

" To Hospitals 
Second Hand Material 
Secret Rebates 
Shipping Terms 
Solicitations 

Special Services, Charge for 
Standardi zation , 
Store Hours 
Style Piracy 
Substituting, of Higher Priced 

Articles 
Terms of Sale, Shipment 
Trade Acdeptance, Payment by 
Trade Discounts, 
Transportation Charges 
Transportation Charges 



" "Destination" 



Wholesale Food & Grocery 

Retail Food & Grocery 

Bituminous Coal 
s Slate 
st 3ooksellers Trade 

Retail Food and Grocery 

Paint, Varnish and Lacquer 

Bituminous Coal 

Smoking Pipe 

Electric Storage Battery 

Standard Steel Barrel 

Steel Package 

Bias Tape 

Bottled Soft Drink 

Chinaware and Porcelain 

Fertilizer 

Knitted Outerwear 

Motor Fire Apparatus 

Wholesale Automotive 

Vitreous Enameled Ware Mfg. 

Oxy- Acetylene 
Elec. Storage Battery 
Retail Jewelry 
Paint, Varnish and Lacquer 
Fertilizer 
Smoking Pipe 

. Motor Vehicle Retailing 
Booksellers Trade 
Paint, Varnish and Lacquer 
Precious Jewelry 
Asphalt & Mastic Tile Industry 
Bedding Mfg. 
Dress Mfg. 
Cotton Converting 

Investment Bankers 
Non-Ferrous Foundry 
Tool and Implement 
Leather and Shoe Findings 
Toy and Playthings 

Open Steel Flooring 

Cotton Converting 

Paint, Varnish and Lacquer 

Bias Tape 

Funeral Supply 

Oxy-Acetylene 

Paint, Varnish and Lacquer 

Lye Industry 



9843 



-56- 



Transportation Charges Government Purchases Lye Industry 

" " Stop-in-Transit Lye Industry ' ■ 
Trials, Free Canning & Packing Machinery . 

Tying Contracts, Short Subjects-Serials Motion Picture 
Zones, Filing of Fertilizer. 



j 



3843 



-57- 
APPENDIX NO. 8 
NRA PROCEDURE ON TEE ISSUANCE OF INTERPRETATIONS 
General Interpretation s. 

The NBA Office Manual (*) stated that "identical language which 
appears in different codes saould be interpreted uniformly." 

The term "general interpretations" was applied to rulings of 
general application with resoect to the meaning of provisions of codes and 
in some instances to the meaning of otner documents, sucn as Executive or 
NBA Orders. These were autnorized only wnen issued over the signature of 
the Administrator or in the name of the National Industrial Recovery Board 
by the administrative Officer. 

Particular Interpretations. 



These are contrasted with general interpretations in the Office 
Manual (**) by calling them "Other Interpretations; 11 Thus were included 
all the interpretations which were applied to specific cases, such as, trie 
meaning of the provisions of a single code; the classifying by interpreta- 
tion of enterprises as to code jurisdiction; the resolving by interpreta- 
tion of problems arising from the overlapping definitions of Particular 
codes. Interpretations of this type might be approved by NBA division ad- 
ministrators. 

An NBA committee prepared in May 1935., procedural "flow charts" 
(***) based on tne provisions of theNRA Office Manual. The charts on "Gen- 
eral Interpretations of Codes" and "Interpretations for Individual Codes", 
are reproduced in this appendix exhibit in illustration of the required 
procedure as of April 10, 1935. for the issuance of interpretation rulings. 
There were no important variations in the proc-dur^ of any of the NBA In- 
dustry divisions, although it was found that only six of the eleven divi- 
sions followed exactly the procedure illustrated. 

The broken lines used in tne charts to denote intermediate move- 
ments and conferences between the various administrative units, did not 
always represent a simple and direct exchange. On the contrary, these ex~ 
changes were oftencomplex and involved much discussion. 

The charts were drawn to illustrate cases in which request for 
interpretations originated with a code authority. It snould oe kept in 
mind that the NBA might issue an interpretation on its own initiative or 
that a request for an interpretation mignt originate outside NBA from other 
sources than the code authority. A general interpretation might be issued 



(*) Part Si I, Index 3121 .1 - Off ice Manual, August 30, 1934. 

(**) Part III, Index 3122 - Office Manual, August 30, 1934. 

(***) Beport of the Committee for the Study ©f Administration Procedure, 
dated May 21, 1935, Central Record Section, NBA files. 



9843 



-53- 

in the form of an 'Executive Order, . ithout recourse to the NBA prucedure 
illustrated by the chares, although ordinarily the Order would be issued 
upon the request of I'Ir.A and after' receiving consideration by it. However, 
wnsther or not they originated with a code authority, the great majority 
of interpretations issued subsequent to the date .that the procedure illus- 
trated was established, undoubtedly passed through the NRA. administrative 
channels indicated by the charts. 



3843 



-69- 



Part One 



GENERAL INTERPRETATIONS 



o 

o 
o 



:ode Auth ; 



1 



Dep. Adrcu 



TTT 



*— N^-, 



Code Asst< 



Divr Adn 



Ind. 



Advisory Board 3 

Ind. - Industrial 

Lab. - Labor 

Con. - Consumer 

L.D. - Legal Division 

R&P - Research & Planning 



2 

^k 



Labo 



Con. 







• 






> 




R 




vi 


■H 




t^ 




<H 


R 




o 

•H 




o 


rM 




> 




• 


• Ml 


6 




7 


s 


& O 




<"l 


O ,_q 






> 





LJ 



■V- 



R&P 



•J*' 



Steps of Progress In Exceptional Cases 

I nte mediate Move- — -_f ter Signature 

nents, Conferences, 
etc. 



Delays 

1. Exceptional cases r.ay go to Advisory Council . 

2. hay go to advisory Council in special cases. 



9843 



M0|Jtt 



Part One 



INTEEPRETATIONS FOE INDIVIDUAL CODES 



— :—' . ; Code Authc 





o 
a 

0) 
tri 


o 
o 

1 



Dep t Adn, 



7T-J 



ik )*l 



Codo Asst, 
— X — 



Pi v. Adm j 









2 






















2 






2 




2 




2 




2 


Ind. 




Lab. 




Con. 




L.D. 




R&P 


* " 




A 




A 




A 




A 



0) 
•H 
> 



Advisory Boards 

Ind, - Industrial 
Lab. - Labor 
Con. - Consumer 
L.D. - Legal Division 
R&P - Research and 
Planning 



Stops in Progress 

Intermediate Move- 
ments, Conferences, 
etc. 



In Exceptional Cases 

After Signature 



Delays. 

1. Possible exceptions to policy nust go to Administrative Officer, 

2. Exceptional cases nay go to Advisory Council. 



9843 



OFFICE OF THE NATIONAL RECOVERY ADMINISTRATION 

THE DIVISION OF REVIEW 

THE WORK OF THE DIVISION OF REVIEW 

Executive Order No. 7075, dated June 15, 1935, established the Division of Review of the 
National Recovery Administration. The pertinent part of the Executive Order reads thus: 

The Division of Review shall assemble, analyze, and report upon the statistical 
information and records of experience of the operations of the various trades and 
industries heretofore subject to codes of fair competition, shall study the ef- 
fects of such codes upon trade, industrial and labor conditions in general, and 
other related matters, shall make available for the protection and promotion of 
the public interest an adequate review of the effects of the Administration of 
Title I of the National Industrial Recovery Act, and the principles and policies 
put into effect thereunder, and shall otherwise aid the President in carrying out 
his functions under the said Title. I hereby appoint Leon C. Marshall, Director of 
the Division of Review. 

The study sections set up in the Division of Review covered these areas: industry 
studies, foreign trade studies, labor studies, trade practice studies, statistical studies, 
legal studies, administration studies, miscellaneous studies, and the writing of code his- 
tories. The materials which were produced by these sections are indicated below. 

Except for the Code Histories, all items mentioned below are scheduled to be in mimeo- 
graphed form by April 1, 1936. 

THE CODE HISTORIES 

The Code Histories are documented accounts of the formation and administration of the 
codes. They contain the definition of the industry and the principal products thereof; the 
classes of members in the industry; the history of code formation including an account of the 
sponsoring organizations, the conferences, negotiations and hearings which were held, and 
the activities in connection with obtaining approval of the code; the history of the ad- 
ministration of the code, covering the organization and operation of the code authority, 
the difficulties encountered in administration, the extent of compliance or non-compliance, 
end the general success or lack of success of the code; and an analysis of the operation of 
code provisions dealing with wages, hours, trade practices, and other provisions. These 
and other matters are canvassed not only in terms of the materials to be found in the files, 
but also in terms of the experiences of the deputies and others concerned 'with code formation 
and administration. 

The Code Histories, (including histories of certain NRA units or agencies) are not 
mimeographed. They are to be turned over to the Department of Commerce in typewritten form. 
All told, approximately eight hundred and fifty (850) histories will be completed. This 
number includes all of the approved codes and some of the unapproved codes. (In Work Mate- 
lials No^ 18, Conte nts of Code His tories, will be found the outline which governed the 
preparation of Code Histories.) 



(In the case of all approved codes and also in the case of some codes not carried to 
final approval, there are in NRA files further materials on industries. Particularly worthy 
of mention are the Volumes I, II and III which constitute the material officially submitted 
to the President in support of the recommendation for approval of each code. These volumes 
9768—1 . 



-ii - 

set forth the origination of the cades, the sponsoring group, the evidence advanced to sup- 
port the proposal, the report of the Division of Research and Planning on the industry, the 
recommendations of the various Advisory Boards, certain types of official correspondence, 
the transcript of the formal hearing, and other pertinent matter. There is also much offi- 
cial information relating to amendments, interpretations, exemptions, and other rulings. The 
materials mentioned in this paragraph were of course not a part of the work of the Division 
of Review. ) 

THE WORK MATERIALS SERIES 

In the work of the Division of Review a considerable number of studies and compilations 
of data (other than those noted below in the Evidence Studies Series and the Statistical 
Material Series) have been made. These are listed below, grouped according to the char- 
acter of the material. (In Work Materials No. 17, Tentative Outlines and Summaries of 
Studies in Process , the materials are fully described). 

I ndustry Studies 

Automobile Industry, An Economic Survey of 

Bituminous Coal Industry under Free Competition and Code Regulation, Ecnomic Survey cf 

Electrical Manufacturing Industry, The 

Fertilizer Industry, The 

Fishery Industry and the Fishery Codes 

Fishermen and Fishing Craft, Earnings of 

Foreign Trade under the National Industrial Recovery Act 

Part A - Competitive Position of the United States in International Trade 1927-29 through 

1934. 
Part B - Section 3 (e) of NIRA and its administration. 
Part C - Imports and Importing under NRA Codes. 
Part D - Exports and Exporting under NRA Codes. 

Forest Products Industries, Foreign Trade Study of the 

Iron and Steel Industry, The 

Knitting Industries, The 

Leather and Shoe Industries, The 

Lumber and Timber Products Industry, Economic Problems of the 

Men's Clothing Industry, The 

Millinery Industry, The 

Motion Picture Industry, The 

Migration of Industry, The: The Shift of Twenty-Five Needle Trades From New York State, 
1926 to 1934 

National Labor Income by Months, 1929-35 

Paper Industry, The 

Production, Prices, Employment and Payrolls in Industry, Agriculture and Railway Trans- 
portation, January 1923, to date 

Retail Trades Study, The 

Rubber Industry Study, The 

Textile Industry in the United Kingdom, France, Germany, Italy, and Japan 

Textile Yarns and Fabrics 

Tobacco Industry, The 

Wholesale Trades Study, The 

Women's Neckwear and Scarf Industry, Financial and Labor Data on 

9768 — 2 



- Ill - 

Women's Apparel Industry, Some Aspects of the 

Trade P ractic e Studies 

Commodities, Information Concerning: A Study of NRA and Related Experiences in Control 

Distribution, Manufacturers' Control of: Trade Practice Provisions in Selected NRA Codes 

Distributive Relations in the Asbestos Industry 

Design Piracy: The Problem and Its Treatment Under NRA Codes 

Electrical Mfg. Industry: Price Filing Study 

Fertilizer Industry: Price Filing Study 

Geographical Price Relations Under Codes of Fair Competition, Control of 

Minimum Price Regulation Under Codes of Fair Competition 

Multiple Basing Point System in the Lime Industry: Operation of the 

Price Control in the Coffee Industry 

Price Filing Under NRA Codes 

Production Control in the Ice Industry 

Production Control, Case Studies in 

Resale Price Maintenance Legislation in the United States 

Retail Price Cutting, Restriction of, with special Emphasis on The Drug Industry. 

Trade Practice Rules of The Federal Trade Commission (1914-1936): A classification for 

comparision with Trade Practice Provisions of NRA Codes. 

Labo r Studies 

Cap and Cloth Hat Industry, Commission Report on Wage Differentials in 

Earnings in Selected Manufacturing Industries, by States, 1933-35 

Employment, Payrolls, Hours, and Wages in 115 Selected Code Industries 1933-35 

Fur Manufacturing, Commission Report on Wages and Hours in 

Hours and Wages in American Industry 

Labor Program Under the National Industrial Recovery Act, The 

Part A. Introduction 

Part B. Control of Hours and Reemployment 

Part C. Control of Wages 

Part D. Control of Other Conditions of Employment 

Part E. Section 7(a) of the Recovery Act 
Materials in the Field of Industrial Relations 
PRA Census of Employment, June, October, 1933 
Puerto Rico Needle'work, Homeworkers Survey 

A dministrative Studie s 

Administrative and Legal Aspects of Stays, Exemptions and Exceptions, Code Amendments, Con- 
ditional Orders of Approval 

Administrative Interpretations of NRA Codes 

Administrative Law and Procedure under the NIRA 

Agreements Under Sections 4(a) and 7(b) of the NIRA 

Approved Codes in Industry Groups, Classification of 

Basic Code, the — (Administrative Order X-61) 

Code Authorities and Their part in the Administration of the NIRA 
Part A. Introduction 
Part B. Nature, Composition and Organization of Code Authorities 

9768—3. 



- IV - 

Part C. Activities of the Code Authorities 

Part D. Code Authority Finances 

Part E. Summary and Evaluation 
Cjde Compliance Activities of the NRA 
Code Making Program of the HRA in the Territories, The 
Code Provisions and Related Subjects, Policy Statements Concerning 
Content of NIRA Administrative Legislation 

Part A. Executive and Administrative Orders 

Part B. Labor Provisions in the Codes 

Part C. Trade Practice Provisions in the Codes 

Part D. Administrative Provisions in the Codes 

Part E. Agreements under Sections 4(a) and 7(b) 

Part F. A Type Case: The Cotton Textile Code 
Labels Under NRA, A Study of 

Model Code and Model Provisions for Codes, Development of 

National Recovery Administration, The: A Review of its Organization and Activities 
NRA Insignia 

President's Reemployment Agreement, The 

President's Reemployment Agreement, Substitutions in Connection with the 
Prison Labor Problem under NRA and the Prison Compact, The 
Problems of Administration in the Overlapping of Code Definitions of Industries and Trades, 

Multiple Code Coverage, Classifying Individual Members of Industries and Trades 
Relationship of NRA to Government Contracts and Contracts Involving the Use of Government 

Funds 
Relationship of NRA with States and Municipalities 
Sheltered Workshops Under NRA 
Uncodified Industries: A Study of Factors Limiting the Code Making Program 

Legal Studies 

Anti-Trust Laws and Unfair Competition 

Collective Bargaining Agreements, the Right of Individual Employees to Enforce 

Commerce Clause, Federal Regulation of the Employer-Employee Relationship Under the 

Polegation of Power, Certain Phases of the Principle of, with Reference to Federal Industrial 
Regulatory Legislation 

Enforcement, Extra-Judicial Methods of 

Federal Regulation through the Joint Employment of the Power of Taxation and the Spending 
Power 

Government Contract Provisions as a Means of Establishing Proper Economic Standards, Legal 
Memorandum on Possibility of 

Industrial Relations in Australia, Regulation of 

Intrastate Activities Which so Affect Interstate Commerce as to Bring them Under the Com- 
merce Clause, Cases on 

Legislative Possibilities of the State Constitutions 

Post Office and Post Road Power — Can it be Used as a Means of Federal Industrial Regula- 
tion? 

State Recovery Legislation in Aid of Federal Recovery Legislation History and Analysis 

Tariff Rates to Secure Proper Standards of Wages and Hours, the Possibility of Variation in 

Trade Practices and the Anti-Trust Laws 

Treaty Making Power of the United States 

War Power, Can it be Used as a Means of Federal Regulation of Child Labor? 

9768—4. 



THE EVIDENCE STUDIES SERIES 

The Evidence Studies were originally undertaken to gather material for pending court 
cases. After the Schechter decision the project was continued in order to assemble data for 
use in connection with the studies of the Division of Review. The data are particularly 
concerned with the nature, size and operations of the industry; and with the relation of the 
industry to interstate commerce. The industries covered by the Evidence Studies account for 
more than one-half of the total number of workers under codes. The list of those studies 
follows: 



Automobile Manufacturing Industry 
Automotive Parts and Equipment Industry 
Baking Industry 

Boot and Shoe Manufacturing Industry 
Bottled Soft Drink Industry 
Builders' Supplies Industry 
Canning Industry 
Chemical Manufacturing Industry 
Cigar Manufacturing Industry 
Coat and Suit Industry 
Construction Industry 
Cotton Garment Industry 
Dress Manufacturing Industry 
Electrical Contracting Industry 
Electrical Manufacturing Industry 
Fabricated Metal Products Mfg. and Metal Fin- 
ishing and Metal Coating Industry 
Fishery Industry 
Furniture Manufacturing Industry 
General Contractors Industry 
Graphic Arts Industry 
Gray Iron Foundry Industry 
Hosiery Industry 

Infant's and Children's Wear Industry 
Iron and Steel Industry 



Leather Industry 

Lumber and Timber Products Industry 
Mason Contractors Industry 
Men's Clothing Industry 
Motion Picture Industry 
Motor Vehicle Retailing Trade 
Needlework Industry of Puerto Rico 
Painting and Paperhanging Industry 
Photo Engraving Industry 
Plumbing Contracting Industry 
Retail Lumber Industry 
Retail Trade Industry 
Retail Tire and Battery Trade Industry 
Rubber Manufacturing Industry 
Rubber Tire Manufacturing Industry 
Shipbuilding Industry 
Silk Textile Industry 
Structural Clay Products Industry 
Throwing Industry 
Trucking Industry 
Waste Materials Industry 
Wholesale and Retail Food Industry 
Wholesale Fresh Fruit and Vegetable Indus- 
try 
Wool Textile Industry 



THE STATISTICAL MATERIALS SERIES 



This series is supplementary to the Evidence Studies Series. The reports include data 
on establishments, firms, employment, payrolls, wages, hours, production capacities, ship- 
ments, sales, consumption, stocks, prices, material costs, failures, exports and imports. 
They also include notes on the principal qualifications that should be observed in using the 
data, the technical methods employed, and the applicability of the material to the study of 
the industries concerned. The following numbers appear in the series: 
9768—5. 



- vi - 

Asphalt Shingle and Roofing Industry Fertilizer Industry 

Business Furniture Funeral Supply Industry 

Candy Manufacturing Industry Glass Container Industry 

Carpet and Rug Industry Ice Manufacturing Industry 

Cement Industry Knitted Outerwear Industry 

Cleaning and Dyeing Trade Paint, Varnish, ana Lacquer, Mfg. Industry 

Coffee Industry Plumbing Fixtures Industry 

Copper and Brass Mill Products Industry Rayon and Synthetic Yarn Producing Industry 

Cotton Textile Industry Salt Producing Industry 

Electrical Manufacturing Industry 

THE COVERAGE 

The original, and approved, plan of the Division of Review contemplated resources suf- 
ficient (a) to prepare some 1200 histories of codes and NRA units or agencies, (b) to con- 
solidate and index the NRA files containing some 40,000,000 pieces, (c) to en^a^e ir. ex- 
tensive field work, (d) to secure much aid from established statistical agencies of govern- 
ment, (e) to assemble a considerable number of experts in various fields, (f) to conduct 
approximately 25% more studies than are listed above, and (g) to prepare a comprehensive 
summary report. 

Because of reductions made in personnel and in use of outside experts, limitation :>f 
access to field work and research agencies, and lack of jurisdiction over files, the pro- 
jected plan was necessarily curtailed. The most serious curtailments were the omission of 
the comprehensive summary report; the dropping of certain studies and the reduction in the 
coverage of other studies; and the abandonment of the consolidation and indexing of the 
files. Fortunately, there is reason to hope that the files may yet be carec for under other 
auspices. 

Notwithstanding these limitations, if the files are ultimately consolidated and in- 
dexed the exploration of the NRA materials will have been sufficient to make them accessible 
and highly useful. They constitute the largest and richest single body of information 
concerning the problems and operations of industry ever assembled in any nation. 

L. C. Marshall, 
Director, Division of Review. 
9768—6. 



*